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HomeMy WebLinkAboutContract 40547INTERLOCAL 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 Richland Hills, a home rule municipality in the State of Texas ("Richland Hills"), acting by and through James Quin, its July authorized City Manager. Fort Worth and Richland Hills 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. Richland Hills 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 U�-07-1 0 PO4 � 32 I N 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 Richland Hills City Manager's Office Attn: James Quin 3200 Diana Dr Richland Hills, Texas 76118 VI1. 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. VI11, 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. V. Severability. If any provision of 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. XVII. 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. Richland Hills agrees that Fort Worth will have the right to audit the financial and business records of Richland Hills 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, Richland Hills shall make all Records available to Fort Worth at 3200 Diana Dr. Richland Hills, Texas following reasonable advance notice by Fort Worth and shall otherwise cooperate fully with Fort Worth during any audit. Executed this _ .{i� day of ILAAD. 20 JD ATTEST: City Secretary APPROVED AS:T. ATTEST: ity Secretary iaatiAa ;)^0 10 APPRO ED TO FORM AND LEGAL ✓t'j'ln, ' City Attorney Date: 6 `/3 °r /fib By: �ITY OF FORT WORTH Tom Higginsl/� Assistant City Manager CITY OF Richland Hills C, liUlll Manager OFFICIAL ETARY CITY SECR FT, WORTH, TX ATTACHMENT "B" Operating Provisions 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 report to the officer in charge %J 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 Richland Hills 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. Page 1 of 2 City of Fort Worth, Texas • • • •i 11a • COUNCIL ACTION: Approved on 6/22/2010 DATE: Tuesday, June 22, 2010 LOG NAME: 36RICHLANDHILLSAID REFERENCE NO.: C-24297 SUBJECT: Authorize the Execution of an Interlocal Agreement with the City of Richland Hills for Mutual Aid Fire Protection RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a one year Interlocal Agreement with automatic one year renewals with the City of Richland Hills 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 Richland Hills (Richland Hills) 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 Richland Hills. Upon notification by Richland Hills of a grass fire and if resources are available, the Fort Worth Fire Department will dispatch one brush truck to specified areas of Richland Hills. Upon notification by Fort Worth of a structure fire, the Richland Hills 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 Richland Hills Fire Department will dispatch one brush truck to specified areas of Fort Worth. The terms of this Agreement include: 1. The term is one year, beginning when both parties have signed the Agreement and renewing automatically for additional one year periods; 2. Either party may terminate the Agreement upon a 60 day written notice given to the other party; 3. 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; 4. Each party shall be solely responsible for any and all benefits applicable to its own employees; and 5. 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 /CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City http://apps.cfwnet.org/ecouncil/printmc.asp?id=13660&print=true&DocType=Print 7/1/2010 Page 2 of 2 funds. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by Originating Department Head: Additional Information Contact: ATTACHMENTS 1. Richland Hills contract.doc (Public) FROM Fund/Account/Cemers Tom Higgins (6192) Rudy Jackson (6801) Rudy Jackson (6801) http://apps.cfwnet.org/ecouncil/printmc.asp?id=13660&print=true&DocType=Print 7/1/2010