HomeMy WebLinkAboutContract 40560CITY SECRETARY
CONTRACT NO, I� Q
INTERLOCAL AGREEMENT FOR FIRE SERVICES
THIS INTERLOCAL Agreement for Fire Services ("Agreement") is entered into
by and between the City of Fort Worth, a home rule municipality in the State of
Texas ("Fort Worth"), acting by and through Tom Higgins, its duly authorized
Assistant City Manager, and the City of Hurst, a home rule municipality in the
State of Texas ("Hurst"), acting by and through Allan Weegar, its duly authorized
City Manager. Fort Worth and Hurst are sometimes hereinafter referred to
individually as the "Party" and collectively as the "Parties".
WHEREAS, the governmental entities which are Parties to this Agreement
desire to enter into an agreement concerning mutual aid fire services on an as
requested basis; and
WHEREAS, the Texas Government Code, Chapter 791, the "Interlocal
Cooperation Act," authorizes local government entities to enter into interlocal
contracts for governmental purposes; and
WHEREAS, the Texas Government Code 791.006 specifically authorizes
Interlocal agreements for fire services;
NOW, THEREFORE, it is mutually agreed by the Parties hereto to enter
into this Agreement upon the following terms:
I. Services to be Performed.
The services to be performed under this Agreement are as listed in
Attachment A, which is attached hereto and considered a part hereof for all
purposes. The services performed shall be subject to the Operating Provisions in
Attachment B, which is attached hereto and considered a part hereof for all
purposes.
II. Costs Reimbursed.
City of Hurst and Fort Worth agree to reimburse each other for actual
costs other than ordinary operating costs incurred by each other in the
performance of this Agreement. "Ordinary operating costs" shall mean those
costs incurred in the scope of performing normal fire suppression duties,
including but not limited to fuel, mechanical wear and tear, Personal Protective
Equipment, Emergency Medical Supplies, and employee wages and benefits;
provided, however, that special fire suppression methods are not an ordinary
operating cost.
Reimbursement shall be made on an incident -by -incident basis and shall
be made subsequent to a submission of an invoice by the Party incurring costs to
0?-14-1 0 PO4. 1 8 I N
the other Party. Notwithstanding the above, each Party shall be responsible for
all costs associated with its own equipment, including damage and breakage.
III. TerI I IV I Agreement and Termination.
The term of this Agreement shall begin upon the latter of (i)
commencement of fire operations by Fort Worth Fire Department at Fort Worth
Fire Station #27 or (ii) execution of this Agreement by both Parties. The term
shall end on June 30, 2011 and shall renew automatically for additional one-year
periods. Either Party may terminate this Agreement without penalty upon sixty
days notice in writing to the other Party.
IV. Liability.
Each Party to this Agreement shall at all times be and remain legally
responsible for the conduct of their respective fire department employees
regardless of whether such employees were performing duties under this
Agreement at the request of the requesting City and regardless of whether such
employees were acting under the authority, direction, suggestion or orders of an
officer of the requesting City. This assignment of civil liability is specifically
permitted by section 791.006(a.1) of the Texas Government Code ("Code") and
is intended to be different than the liability otherwise assigned under section
791.006(a) of the Code. Each Party hereby waives all claims against the other
Party for compensation for any loss, damage, personal injury or death occurring
as a consequence of the performance of this Agreement.
Neither Party shall be reimbursed by the other Party for costs incurred
pursuant to this Agreement, except as set forth in Section II of this Agreement.
Personnel who are assigned, designated, or ordered by their governing body to
perform duties pursuant to this Agreement shall receive the same wage, salary,
pension, and all other compensation, benefits and rights for the performance of
such duties, including injury or death benefits and Worker's Compensation
benefits, as though the service had been rendered within the limits of the
requesting City where he or she is regularly employed.
All wage and disability payments, pension payments, damage to
equipment and clothing, medical expenses, and expenses of travel, food, and
lodging or any benefits or payments to which an individual is entitled shall be
paid by the City in which the employee in question is regularly employed.
All equipment used by the responding City in carrying out this Agreement
will, during the time response services are being performed, be owned, leased,
or rented by such responding City. All employees acting on behalf of a
responding City at the request of a requesting City will, during the time response
services are being performed, be employees members of the responding City for
A purposes, including any claims for Worker's Compensation that may arise
during the time such services are being rendered.
At all times while equipment and personnel of the responding City are
traveling to, from, or within the geographical limits of the normal response area of
the requesting City in accordance with the terms of this Agreement, such
personnel and equipment shall be deemed to be employed or used, as the case
may be, in the full line and cause of duty of the responding City. Further, such
personnel shall be deemed to be engaged in a governmental function of their
City.
Nothing herein shall be construed to be a waiver of immunity under the
Texas Tort Claims Act by either Party.
V. Independent Contractor.
Each Party shall operate under this Agreement as an independent contractor,
and not as an agent, representative, servant or employee of the other. Subject to
the terms of this Agreement, each Party shall have the right to control the details
of its performance hereunder.
VI. Notice.
Unless otherwise provided herein, all notices required or permitted by this
Agreement shall be made to the following addresses:
City of Fort Worth
City Manager's Office
Attn: Tom Higgins, Assistant City Manager
1000 Throckmorton St.
Ft. Worth, Texas 76102
City of Hurst
City Manager's Office
1505 Precinct Line Road
Hurst, Texas 76054
V11. Payments.
Any and all payments arising under this Agreement for the performance of
governmental functions or services must be made from current revenues
available to the paying Party.
VIII. Compliance.
Both Parties shall comply with all Federal, State and City statutes,
ordinances and regulations applicable to the performance of the services under
this Agreement.
IX. Entire Agreement.
This writing embodies the entire agreement and understanding between the
Parties hereto, and there are no other agreements and understandings, oral or
written, with reference to the subject matter hereof that are not merged herein
and superseded hereby.
X. Amendments.
No alteration, change, modification or amendment of the terms of this
Agreement shall be valid or effective unless made in writing and signed by both
Parties hereto and approved by appropriate action of the governing body of each
Party.
XI. Waiver.
No waiver of performance by either Party shall be construed as or operate
as a waiver of any subsequent default of any terms, covenants, and conditions of
this Agreement. The payment or acceptance of fees for any period after a default
shall not be deemed a waiver of any right or acceptance of defective
performance.
XII. Governing Law and Venue.
If any action, whether real or asserted, at law or in equity, arises on the
basis of any provision of this Agreement, venue for such action shall lie in state
courts located in Tarrant County, Texas or the United States District Court for the
Northern District of Texas — Fort Worth Division. This Agreement shall be
construed in accordance with the laws of the State of Texas.
XIII. Successors and Assigns.
Neither Party hereto shall assign, sublet or transfer its interest herein
without prior written consent of the other Party, and any attempted assignment,
sublease or transfer of all or any part hereof without such prior written consent
shall be void. This Agreement shall be binding upon and shall inure to the benefit
of Fort Worth and Hurst and their respective successors and permitted assigns.
(IV.
No Third -Party Beneficiaries.
The provisions and conditions of this Agreement are solely for the benefit
of Fort Worth and Hurst, and any lawful successor or assign, and are not
intended to create any rights, contractual or otherwise, to any other person or
entity.
V. Severability.
If any provision %J this Agreement shall be held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions
shall not in any way be affected or impaired.
XVI. Force Maieure.
It is expressly understood and agreed by the Parties to this Agreement
that if the performance of any obligations hereunder is delayed by reason of war;
civil commotion; acts of God; inclement weather; governmental restrictions,
regulations, or interferences; fires; strikes; lockouts, national disasters; riots;
material or labor restrictions; transportation problems; or any other circumstances
which are reasonably beyond the control of the Party obligated or permitted
under the terms of this Agreement to do or perform the same, regardless of
whether any such circumstance is similar to any of those enumerated or not, the
Party so obligated or permitted shall be excused from doing or performing the
same during such period of delay, so that the time period applicable to such
requirement shall be extended for a period of time equal to the period such Party
was delayed.
XVI1. Contract Construction.
The Parties acknowledge that each Party and, if it so chooses, its counsel
have reviewed and revised this Agreement and that the normal rule of
construction to the effect that any ambiguities are to be resolved against the
drafting Party must not be employed in the interpretation of this Agreement or
any amendments or exhibits hereto.
XVIII. Captions.
Captions and headings used in this Agreement are for reference purposes
only and shall not be deemed a part of this Agreement.
XIX. Right to Audit.
City of Hurst agrees that Fort Worth will have the right to audit the financial
and business records of Hurst that relate to the services provided (collectively
"Records") at any time during the Term of this Agreement and for three (3) years
thereafter in order to determine compliance with this Agreement. Throughout the
Term of this Agreement and for three (3) years thereafter, Hurst shall make all
Records available to Fort Worth at 1505 Precinct Line Road, Hurst, Texas
following reasonable advance notice by Fort Worth and shall otherwise
cooperate fully with Fort Worth during any audit.
Fort Worth agrees that Hurst will have the right to audit the financial and
business records of Fort Worth that relate to the services provided (collectively
'Records") at any time during the Term of this Agreement and for three (3) years
thereafter in order to determine compliance with this Agreement. Throughout the
Term of this Agreement and for three (3) years thereafter, Fort Worth shall make
all Records available to Hurst at 1000 Throckmorton Street, Fort Worth, Texas
following reasonable advance notice by Hurst and shall otherwise cooperate fully
with Hurst during any audit.
Notwithstanding anything to the contrary herein, this Section XIX shall
survive expiration or earlier termination of this Agreement.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.]
Executed this day of AIKUA A.D. 20A :L
ATTEST:
CITY OF FORT WORTH
r
By:
Tom Higgins
Assistant City Manager
APPROVED AS TO FORM AND LEGALIT
City Attorney �
Date:
ATTEST:
City ecretary
APPROVED AS TO FORM AND LEGALITY:
City Attorney
OFFICIAL RECORD
CITY SECRETARY
F
T. WORTH, TX
CITY OF HURST
Allan Weegar
City Manager
ATTACHMENT "A"
I. MUTUAL AID RESPONSE
A. Fort Worth:
1. Calls for assistance during "working" structure fires shall be
given on an "as needed basis", yet shall not exceed a normal one -
alarm assignment as described by the Fort Worth Fire Department.
All such responses are subject to availability of personnel and
equipment.
Boundary of the response area shall be in that portion of the
City of Hurst in Mapsco coordinates:
Page 52 grids Q, T, U, V, X, Y and Z
Page 53 grids S, T, U, W, X, Y and Z
Page 54 grids S and T
2. Grass Fires —will respond with (1) brush truck or tanker upon
request. All such responses are subject to availability of personnel
and equipment.
3. High/swift water calls for assistance shall be given on an "as
needed basis" yet shall not exceed a normal one -alarm assignment
as described by the Fort Worth Fire Department Standard
Operating Procedures. Appropriate high/swift water apparatus and
equipment shall be included. All such responses are subject to
availability of personnel and equipment.
B. Hurst
1. Calls for assistance during "working" structure fires shall be
given on an "as needed basis" by Hurst and shall include one
engine/quint staffed with a minimum of 3 firefighters. All such
responses are subject to availability of personnel and equipment.
Boundary of the response area shall be in that portion of the
City of Fort Worth in Mapsco coordinates:
Page 52 grids X, Y, and Z
Page 53 grids W, X, Y, and Z
Page 66 grids A, B, C, D, E, F, G, H, J, K, L, and M
Page 67 grids A, B, C, D, E, F, G, H, and J
2. Grass Fires —will respond with (1) brush truck upon request. All
such responses are subject to availability of personnel and
equipment.
3. High/swift water calls for assistance shall be given on an "as
needed basis" by Hurst and shall include one engine/quint staffed
(or appropriate water rescue resources) with a minimum of 3
firefighters. All such responses are subject to availability of
personnel and equipment.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.]
ATTACHMENT "B"
Operating Provisions
I. Any dispatch of equipment and personnel pursuant to this Agreement is
subject to the following conditions:
A. Any request for aid hereunder shall include a statement of the
amount and type of equipment and number of personnel that are
needed, but the amount and type of equipment and number of
personnel to be furnished shall be determined by a representative
of the responding city. The Parties would provide a fire company
staffed by certified firefighters as certified by the Texas Commission
on Fire Protection.
B. In areas where common jurisdictional boundaries exist, it is
conceivable that accurate determination of jurisdiction may not be
possible upon receipt of an alarm. In such cases, it is deemed
appropriate and in the best interest of the public for the entity
receiving the alarm to dispatch its forces and to notify the other
affected entities of the alarm. The requested entity will respond, if
able to, as conditioned by this agreement.
C. In the event that the responding city is unable to respond to the
request for assistance, the fire chief or designee of the responding
city shall immediately notify the fire department of the requesting
city that no response can be made.
D. Personnel from the Fire Department of the responding city shall
I eport to the officer in charge of the requesting city at the location to
which the equipment are dispatched and shall be subject to the
orders of that official. At all times the ultimate control and
responsibility of the personnel from the responding city shall remain
with the highest ranking fire officer from the responding city at the
scene. The Command Post will be staffed by representatives from
both Hurst and Fort Worth so that a "Unified Command" is
established.
E. Personnel from the Fire Department of the responding city shall be
released by the officer in charge from the requesting city when the
services of the responding city are needed within the area for which
it normally provides fire protection.
F. A working accountability system in accordance with NFPA
guidelines shall be established at every incident.
G. The departments shall conduct a minimum of one joint training
session and/or exercise annually.
II. All equipment used by the responding Fire Department in carrying out this
Agreement will, at the time of action hereunder, be owned, leased or
rented by it.
City of Fort Worth, Texas
Mayor and councii C
�]_
Hill '
COUNCIL ACTION: Approved on 7/13/2010
unication
DATE: Tuesday, July 13, 2010 REFERENCE NO.: **C-24313
LOG NAME: 36HURSTAID
SUB.IECT,
Authorize the Execution of an Interlocal Agreement with the City of Hurst for Mutual Aid Fire Protection
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a one—year Agreement with
automatic one—year renewals with the City of Hurst for mutual aid fire protection.
DISCUSSION:
Mutual Aid is an agreement between two or more government entities for their fire departments to respond to
formal requests for assistance under specified conditions.
Neighboring fire departments often enter into mutual aid agreements to augment emergency response
resources at major incidents or to gain emergency response in difficult to cover areas within a jurisdiction.
Mutual Aid
Under the Agreement, upon notification by the City of Hurst (Hurst) of a "working" structure fire and if
resources are available, the Fort Worth Fire Department will dispatch a one alarm assignment to specified
areas of Hurst. Upon notification by Hurst of a grass fire and if resources are available, the Fort Worth Fire
Department will dispatch one brush truck to specified areas of Hurst. Upon notification by Hurst of a
high/swift water call and if resources are available, the Fort Worth Fire Department will dispatch the
appropriate high/swift water apparatus and equipment.
Upon notification by Fort Worth of a structure fire, the Hurst Fire Department will dispatch, if available, one
fire company comprised of a minimum of three paid fire fighters to specified areas of Fort Worth. Upon
notification by Fort Worth of a grass fire and if resources are available, the Hurst Fire Department will
dispatch one brush truck to specified areas of Fort Worth. Upon notification by Hurst of a high/swift water
call and if resources are available, the Hurst Fire Department will dispatch, if available, one fire company
comprised of a minimum of three paid fire fighters to specified areas of Fort Worth.
The terms of this Agreement include:
The term is one year, beginning when both parties have signed the Agreement and renewing automatically
for additional one year periods;
Either party may terminate the Agreement upon a 60 day written notice given to the other party;
Each party will be responsible for any civil liability arising from the conduct of its own employees as limited
by the Texas Torts Claim Act;
Each party shall be solely responsible for any and all benefits applicable to its own employees; and
Each party agrees to reimburse the other party for actual expenses, other than personnel and ordinary
operating costs, incurred in performing mutual aid.
FISCAL INFORMATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND
CENTERS:
TO
Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by Tom Higgins (6192)
Originating Department Head: Rudy Jackson (6801)
Additional Information Contact: Rudy Jackson (6801)
ATTACHMENTS
1. 36Hurst mutual aid contract.doc