HomeMy WebLinkAboutContract 53872 CSC No.53872
STATE OF TEXAS §
COUNTY OF TARRANT §
INTERLOCAL AGREEMENT BETWEEN CITY OF FORT WORTH,CITY OF
SAGINAW,AND CITY OF LAKE WORTH
This Interlocal Agreement("Agreement") is made between the City of Fort Worth("Fort
Worth"), a home-rule municipal corporation of the State of Texas, and the City of Saginaw
("Saginaw") and the City of Lake Worth("Lake Worth"), each individually referred to as a"Party"
and collectively referred to as the"Parties."
WHEREAS, the Texas State Legislature has authorized the formation of interlocal
cooperating contracts between and among governmental entities; and
WHEREAS, this Agreement is made under the authority granted by and pursuant to
Chapter 791 of the Texas Government Code which authorizes Fort Worth, Saginaw, and Lake
Worth to enter into this Agreement for purposes of providing a governmental function or service
that each Party to the contract is authorized to perform individually;
WHEREAS, Fort Worth, Saginaw, and Lake Worth desire to enter into this Agreement
to detail the terms of the Suburban Dispatching Project("Dispatch Project");
WHEREAS, the governing bodies of Fort Worth, Saginaw, and Lake Worth find that this
Agreement is necessary for the benefit of the public and the performance of this Agreement is in
the common interest of both Parties;
WHEREAS, the governing bodies of Fort Worth, Saginaw, and Lake Worth have
authorized entering into this Agreement;and
WHEREAS, the governing bodies of Fort Worth, Saginaw, and Lake Worth, in paying
for the performance of governmental functions or in performing such governmental functions,
shall make payments only from current revenues legally available to such Party.
NOW THEREFORE, IN CONSIDERATION of the mutual promises and agreements
contained herein,the Parties do hereby agree as follows:
1. Pumose. The purpose of this Agreement is to incorporate dispatching services for
Saginaw and Lake Worth into Fort Worth's Public Safety Answering Point (PSAP) for all calls
related to fire protection, emergency medical, and rescue services. Doing so will increase
efficiencies, reduce call transfer times between agencies, reduce dispatch delays due to cellular
calls, begin a regionalization and consolidation approach to dispatching, and enhance
cooperation with adjacent municipalities.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
Interlocal Agreement
a
2. Fort Worth's Responsibility.
A. Services. On behalf of Saginaw and Lake Worth, Fort Worth will provide twenty-
four (24) hour per day dispatching services for the Cities of Saginaw and Lake
Worth Fire Departments including accepting all calls for service and transfers
from Saginaw and Lake Worth's PSAPs, dispatching the appropriate resources,
monitoring the appropriate radio frequencies or talk groups, and making
notifications and phone calls as needed. Fort Worth will provide answering
services for the seven-digit emergency number and 9-1-1 for the Cities of
Saginaw and Lake Worth and dispatch and perform all on-scene dispatch
management.
B. Standards. Fort Worth shall notify Saginaw and Lake Worth of all standards
adopted and revised for GIS data, run card information, and hardware and
software requirements for radios, telephones, public address systems, and mobile
clients.
C. Agency Liaison. Fort Worth agrees to designate a representative (and an
alternate) who will act as the authorized liaison to Saginaw and Lake Worth for
purposes of data sharing, notification of GIS data changes, run card information,
and other information as required by Fort Worth. That representative shall be
identified by name, business address, primary and emergency telephone and
facsimile numbers, and email address, provided to the Fire Chief or Agency
Liaison for Saginaw and Lake Worth.
D. Records. Fort Worth will maintain all call logs and records related to the
dispatching for Saginaw and Lake Worth. At any time, Saginaw and Lake Worth
may request additional statistical information, recordings, printouts, or other data
that Fort Worth maintains in relation to this Agreement.
If Fort Worth is required by law to release data or other records involving agents
or employees of Saginaw or Lake Worth in relation to this Agreement, or
incidents occurring within the boundaries of the City of Saginaw or Lake Worth
in relation to this Agreement, Fort Worth agrees to notify the City of Saginaw or
Lake Worth as applicable of such disclosure prior to such release. Such requests
shall be honored in accordance with Fort Worth's open records policy and the
laws of the State of Texas.
E. Equipment. Fort Worth will provide equipment to Saginaw and Lake Worth
under its current vendor contracts and will be responsible for the installation,
repair, programming, and maintenance of all equipment, including but not limited
to: Mobile Data Computers (MDC's), Cradlepoints, antennas, docking stations,
swivel mounts, and air cards from the vendor designated by Fort Worth's
telephones,radios,mobile clients, and public address systems.
Interlocal Agreement Page 2 of 8
F. Invoicing. In accordance with Attachment "A" —Dispatching Project Costs, Fort
Worth will invoice Saginaw and Lake Worth for the "one-time" costs prior to the
project getting underway. The reoccurring "annual" costs will be invoiced by Fort
Worth as a separate line item each year, and then the cost/run fee of$30/run will
be invoiced on a quarterly basis and will be accompanied with monthly run-
volume totals so that Saginaw and Lake Worth can validate before remitting
payment. The cost/ran fee of$30/run could be slightly adjusted in future years to
account for inflation; however, any changes will be reviewed with Saginaw and
Lake Worth in advance for their concurrence.
G. Stakeholder Group. Fort Worth shall establish a stakeholder group with the goal
of continuous quality improvement and support.
H. Review. Fort Worth will investigate and complete a report to Saginaw and Lake
Worth on any complaints/concerns that arise either internally or externally related
to this Agreement.
3. Saginaw and Lake Worth's Responsibilities.
A. Agency Liaison. Saginaw and Lake Worth agree to designate a representative
(and an alternate) who will act as the authorized liaison to Fort Worth for
purposes of data sharing, notification of GIS data changes, run card information,
and other information as required by Fort Worth. That representative shall be
identified by name, business address, primary and emergency telephone and
facsimile numbers, and email address at Fort Worth's Emergency
Communications Center.
B. Agency Contacts. Saginaw and Lake Worth will provide Fort Worth with a list of
persons to be called or notified and the specific incidents or circumstances in
which those calls and notifications are to be made.
C. Data. Saginaw and Lake Worth will provide Fort Worth with infrastructure data
including but not limited to address,building, emergency data, and water supply
information. Saginaw and Lake Worth will also provide Fort Worth with a listing
of resource amounts and types, apparatus, equipment, staffing levels, and special
conditions, e.g. is an engine and medic either/or, and responsive levels required
by call type. All data shall be current and in a format that is compatible with Fort
Worth's databases.
D. Requests for Information. Saginaw and Lake Worth agree to forward any public
information requests for dispatch specific records or recordings to Fort Worth.
Such requests will be honored in accordance with Fort Worth's open records
policy and the laws of the State of Texas.
Interlocal Agreement Page 3 of 8
E. Equipment. Saginaw and Lake Worth shall be solely responsible for notifying
Fort Worth of any maintenance, support, or repair needs associated with the
equipment noted in Section 2.E. above.
F. Payment. In accordance with Attachment "A" — Dispatching Project Costs,
Saginaw and Lake Worth will pay the "one-time" costs upfront prior to the
project getting underway and then be allowed to annually pay the reoccurring
"annual" costs associated with the equipment and maintenance/support activities.
The reoccurring "annual" costs will be invoiced by Fort Worth as a separate line
item each year, and then the cost/run fee of $30/run will be invoiced on a
quarterly basis.
G. Stakeholder Group. Saginaw and Lake Worth shall participate in a stakeholder
group which shall be established by the Fort Worth Fire Alarm Office in
coordination with Saginaw and Lake Worth. The goal of the group will be
continuous quality improvement and support.
H. Grant Support. Saginaw and Lake Worth shall provide support for any grants
related to the communication center or radio communication system.
I. Alert Notification System. Saginaw and Lake Worth shall maintain the alert
notification system to be used; however, it is understood that dispatching will
occur over the existing radio system until such time that Fort Worth upgrades its
current alerting system.
4. Term and Termination. This Agreement shall begin upon the date executed by the
Assistant City Manager for Fort Worth below and shall continue in full force and effect unless
terminated. Either party to this Agreement may terminate this Agreement at any time and for
any reason by providing thirty (30) days written notice to the other party or pursuant to other
provisions within this Agreement.
5. Immunity. It is expressly understood and agreed that in the execution of this
Agreement, no party waives nor shall be deemed hereby to waive any immunity or defense that
would otherwise be available to it against claims arising in the exercise of governmental powers
and functions.
6. Assignment. None of the Parties shall have the right to assign or subcontract any
of its duties, obligations or rights under this Agreement without the prior written consent of any
of the other Parties.
7. Governing Law and Venue. This Agreement shall be construed in accordance
with the laws of the State of Texas. Venue for any action brought on the basis of this Agreement
shall lie exclusively in state courts located in Tarrant County, Texas or the United States District
Court for the Northern District of Texas —Fort Worth Division. In any such action, each party
shall pay its own attorneys' fees, court costs and other expenses incurred as a result of the action.
Interlocal Agreement Page 4 of 8
8. Remedies. No right or remedy granted herein or reserved to the parties is
exclusive of any other right or remedy herein by law or equity provided or permitted; but each
shall be cumulative of every other right or remedy given hereunder. No covenant or condition of
this Agreement may be waived without written consent of the parties. Forbearance or indulgence
by either party shall not constitute a waiver of any covenant or condition to be performed
pursuant to this Agreement.
9. Severability. If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the
remaining provisions shall not in any way be affected or impaired.
10. Applicable Law. This Agreement is entered into subject to the Interlocal
Cooperation Act, the governing charters and ordinances of Fort Worth, Saginaw, and Lake
Worth, as they may be amended from time to time, and is subject to and is to be construed,
governed and enforced under all applicable Texas and Federal law.
11. Entire Agreement. This Agreement contains the entire understanding and
agreement between Fort Worth, Saginaw, and Lake Worth as to the matters contained herein.
Any prior or contemporaneous oral or written agreement is hereby declared null and void to the
extent in conflict with this Agreement.
12. Signature Authority_. The person signing this Agreement hereby warrants that he
or she has the legal authority to execute this agreement on behalf of the respective party, and that
such binding authority has been granted by proper order, resolution, ordinance or other
authorization of the entity. The other party is fully entitled to rely on this warranty and
representation in entering into this Agreement.
13. Independent Contractor. In performing the duties under this Agreement, each
Party is acting as an independent contractor, and not as an agent, representative, servant or
employee of the other Party. Subject to the terms of this Agreement, each Party shall have the
right to control the details of its performance hereunder. Additionally, nothing herein shall be
construed as the creation of a partnership or joint enterprise between Fort Worth, Saginaw, and
Lake Worth.
14. No Waiver. The failure of either party to insist upon the performance of any
provision or condition of this Agreement or to exercise any right granted herein shall not
constitute a waiver of that party's right to insist upon appropriate performance or to assert any
such right on any future occasion.
15. Non-Appropriation of Funds. Fort Worth, Saginaw, and Lake Worth will use best
efforts to appropriate sufficient funds to support obligations under this Agreement. However, in
the event that sufficient funds are not appropriated by either party's governing body, and as a
result, that parry is unable to fulfill its obligations under this Agreement, that party (i) shall
promptly notify the other party in writing and (ii) may terminate this Agreement, effective as of
the last day for which sufficient funds have been appropriated.
Interlocal Agreement Page 5 of 8
16. Right to Audit. Each Party agrees that any of the other Parties shall, until the
expiration of three (3) years after termination of this Agreement, have access to and the right to
examine at reasonable times any directly pertinent books, documents, papers, records, and
communications involving transactions relating to this Agreement at no additional cost. Each
Party shall have access during normal working hours to all necessary facilities and shall be
provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. An auditing Parry shall give the audited Parry reasonable advance
notice of intended audits.
17. Liabilitv. Nothing in the performance of this Agreement shall impose any liability
for claims against Fort Worth, Saginaw, and Lake Worth other than claims for which liability
may be imposed by the Texas Tort Claims Act.
18. Amendments. No amendment to this Agreement shall be binding upon either
party hereto unless such amendment is set forth in writing, and signed by both parties.
19. Force Mai cure. The parties shall exercise their best efforts to meet their respective
duties and obligations hereunder, but shall not be held liable for any delay in or omission of
performance due to force majeure or other causes beyond their reasonable control, including, but
not limited to, compliance with any state or federal law or regulation, acts of God, fires, strikes,
lockouts, national disasters, wars, riots, material or labor restrictions, transportation problems or
existing contractual obligations directly related to the subject matter of this Agreement.
20. Notice. Notices required pursuant to the provisions of this Agreement shall be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its
agents, employees, servants or representatives or(2)received by the other party by United States
Mail,registered,return receipt requested, addressed as follows:
To Fort Worth: To Saginaw:
City of Fort Worth City of Saginaw
Attn: Assistant City Manager City Manager Gabe Reaume
200 Texas Street 333 West McLeroy Boulevard
Fort Worth,TX 76102-6314 Saginaw,TX 76179
With copy to Fort Worth City Attorney's Office at
same address
To Lake Worth:
City of Lake Worth
City Manager Stacey Almond
3805 Adam Grubb
Lake Worth, Texas 76135
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
(signature page follows)
Interlocal Agreement Page 6 of 8
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
By:Valerie Washington(May 6,zozo> of this contract,including ensuring all performance
Name: Valerie R.Washington and reporting requirements.
Title: Assistant City Manager
Date:May 6,2020 •20_ By:
APPROVAL RECOMMENDED: Name:Mark Rauscher
Title: Assistant Fire Director
B ftWs(Mays,2020) APPROVED AS TO FORM AND LEGALITY:
Name: James Davis
Title: Fire Chief �^
ATTEST: 49 By:
t� Name: JB Strong
Title- Assistant City Attorney
x .
By: CONTRACT AUTHORI TION:
Name: Mary Kayser 9 fa M&C• CIO—OA ] 05 05 f PLD
Title: City Secretary
CITY OF SAGINAW: CITY OF LAKE WORTH:
By: By:
Name: Todd Flippri Name: *x w
Title: Mayor Title: `t
Date: March 17 ,2039 Date:\—\N\CJLV_ '��p{ tl(20:1
`` ••Go..ors •,v,��'
�01o+a�suuiruu+,uATTESr. �a. S
►5��.��T • Cl)_ 3' F ICIAL RECORD
, Monica rotary
••. CITY SECRETARY
Interlocal Agr�ent _•'• ��� Pa*17 WORTH,TX
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ATTACHMENT"A"
DISPATCHING COSTS
Per Apparatus One Time Cost Annual Cost
MDC Hardware
Dell Latitude 7214 Rugged (CTO) $3,095.65
Docking Station (DS-DELL-417) $541.78
Swivel Mount(Havis C-MD-202) $51.73
Cradlepoint Hardware
IBR 900 Cradlepoint w/5 years NCE (MA5-09001200-NNA) $1,037.70
Cradlepoint Antenna (AP-IBR1100-Q-BL) $198.28
Labor/Installation
Labor-GTS-Configure MDC $126.16
Labor-GTS- Install Equipment in Apparatus $433.96
Recurring Cost
Cradlepoint Cellular Service- Unlimited DIR $455.88
MDC Managed Service Support Contract $152.44
Cradlepoint NCE per year(after years) $62.81
TOTAL Coat per MDC/Apparatus $5,485.26 $671.13
Interlocal Contract—Page 8
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 05/05/20 M&C FILE NUMBER: M&C 20-0297
LOG NAME: 36SUBURBAN DISPATCHING
SUBJECT
Authorize Interlocal Agreement with the Cities of Lake Worth and Saginaw for Dispatching Services,Authorize the Fire Department to Accept
Reimbursements for One-Time Costs for Initial Equipment Installment and Reoccurring Annual Costs for Dispatching Services,and Adopt
Appropriation Ordinances(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize Interlocal Agreement to provide dispatching services to the Cities of Lake Worth and Saginaw;
2. Authorize acceptance of reimbursement for one-time equipment installation costs from the Cities of Lake Worth and Saginaw into the
Special Purpose Fund related to initiating fire dispatching services for each respective city based on need;
3. Authorize acceptance of annual reimbursements from the Cities of Lake Worth and Saginaw into the General Fund for reoccurring costs as a
result of Fort Worth handling fire dispatching services;
4. Adopt Appropriation Ordinances to increase estimated receipts and appropriations in the amount of$87,765.00, in the Special Purpose
Fund,from future revenue,for the Suburban Dispatching project to facilitate the initial equipment installation to be fully reimbursed by the
Cities of Lake Worth and Saginaw subject to need of equipment purchase by the City of Fort Worth,and
5. Adopt Appropriation Ordinances to increase estimated receipts and appropriations in the amount of$3,245.00 in the General Fund,from
future revenue,for the support of Lake Worth and Saginaw equipment,to be fully reimbursed by the participating cities.
DISCUSSION:
The Cities of Lake Worth and Saginaw(Lake Worth and Saginaw)share common geographical boundaries with the City of Fort Worth and
already participate in a mutual aid agreement to provide fire protection, emergency medical,and rescue services in each other's jurisdictions.
The City of Fort Worth currently operates a Public Safety Answering Point(PSAP)with the responsibility to receive calls for help and dispatch
appropriate fire suppression,emergency medical,and emergency rescue resources for citizens of Fort Worth. It has become mutually agreeable
to incorporate the call-receiving,dispatching,and incident record-keeping functions for Lake Worth and Saginaw into the Fort Worth PSAP for
all calls related to fire protection,emergency medical,and rescue services.
To permit this,the purchase of common communications and IT equipment may be necessary to be purchased by the City of Fort Worth(COFW).
Fort Worth has agreed to purchase equipment needed for Lake Worth and Saginaw if the participating cities cannot obtain the specified
equipment to be utilized for dispatching.This purchase,will only be made by the COFW if needed,and appropriations will be established upon this
need.Any purchase made by the COFW will be 100%reimbursed by the participating cities.These potential one-time costs will be captured in the
Special Purpose Fund,and are calculated on a per apparatus basis with 16 apparatus being equipped initially(9 for Saginaw and 7 for Lake
Worth). Estimated total for both cities is$87,765.00.
The equipment will be supported by the COFW through an existing contract with GTS.An amendment has been executed with GTS to allow for
managed service providing maintenance and support of the Mobile Data Computers(MDCs).Annual costs will be paid by the City of Fort Worth
and invoiced to the participating cities for repayment to the General Fund.Annual recurring costs are expected to be$9,735.00 for the services
and maintenance of equipment and hardware.A prorated portion of$3,245.00 will be billed and received for the current year,assuming services
begin June 1,2020.
Potential One Time Purchase Costs and Annual Cost of support details are shown below.
_]F
Per Apparatus One Time Annual
Cost Cost
MDC Hardware
Dell Latitude 7214 Rugged(CTO) $3,095.65
Docking Station (DS-DELL-417) $541.78�
Swivel Mount(Havis C-MD-202) $51.73
Cradlepoint Hardware
IBR 900 Cradlepoint w/5years NCE(MA5- $1,037.70
09001200-N NA)
Cradlepoint Antenna(AP-IBR1100-Q-BL) $198.28�
Labor/Installation
Labor-GTS-Configure MDC $126.16
Labor-GTS-Install Equipment in Apparatus $433.96
Recurring Cost
Cradlepoint Cellular Service-Unlimited DIR $455.88
MDC Managed Service Support Contract $152.44
TOTAL Cost per MDC/Apparatus $5,485.26 $608.32
Additionally,the City of Fort Worth will invoice Lake Worth and Saginaw quarterly for dispatching services provided by the PSAP at the rate of
$30.00 per run.This fee will be reviewed on an annual basis and may be adjusted each year when necessary to account for inflation. This
revenue will be deposited to the General Fund quarterly. Revenue from this agreement is estimated at$144,735.00 annually and includes both
operational and hardware support costs.
This project will serve ALL COUNCIL DISTRICTS.
A Form 1295 is not required because:This contract will be with a governmental entity,state agency or public institution of higher education:Cities
of Lake Worth and Saginaw
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations,execution of the agreement,and adoption of the attached
appropriation ordinances,funds will be available in the General and Special Purpose Funds.The Fire Department(and Financial Management
Services)has the responsibility for the collection and deposit of funds due to the City.Prior to any expense being incurred,the Fire Department
also has the responsibility to validate the availability of funds.
Submitted for City Manager's Office by. Valerie Washington 6199
Originating Business Unit Head: Jim Davis 6801
Additional Information Contact: Mark Rauscher 6803