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HomeMy WebLinkAboutContract 57432 CSC No.57432 STATE OF TEXAS § COUNTY OF TARRANT § INTERLOCAL AGREEMENT BETWEEN CITY OF FORT WORTH AND 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 Lake Worth, a home rule municipality in the State of Texas ("Lake Worth"), acting by and through Stacy Almond, its duly authorized City Manager. Fort Worth and Lake Worth may be referred to individually as a"Party"and collectively referred to as the"Parties." WHEREAS, the Texas State Legislature has authorized the fort-nation 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 and Lake Worth to enter into this Agreement for purposes of providing a governmental function or service that each Patty to the contract is authorized to perform individually; WHEREAS, Fort Worth and Lake Worth previously entered into a Interlocal Agreement (CSC No, 53872), where Fort Worth agreed to provide various dispatching services to Lake Worth including the installation of specific hardware; WHEREAS, Lake Worth now seeks additional services from Fort Worth related to station alerting and locution services; WHEREAS, Fort Worth and Lake Worth desire to enter into this Agreement to detail the terms of the Station Alerting Project("Station Alerting Project"); WHEREAS, the governing bodies of Fort Worth 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 Patties; WHEREAS, the governing bodies of Fort Worth and Lake Worth have authorized entering into this Agreement; and WHEREAS, the governing bodies of Fort Worth 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 THERE-FORE, IN CONSIDERATION of the mutual promises and agreements contained herein,the Parties do hereby agree as follows: OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Interlocal Agreement Page I of 9 I. Purpose. The purpose of this Agreement is to incorporate dispatching services for Lake Worth into Fort Worth's Public Safety Answering Point (PSAP) for all calls related to fire protection, emergency medical, and rescue services. Furthermore, this Agreement is to incorporate station alerting hardware and support. 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. 2. Fort Worth's Responsibility. A. Services. On behalf of Lake Worth, Fort Worth will provide 24 hours/7 days a week support for Locution systems installed at Lake Worth and this will be based on normal on-call processes for Fort Worth. Service Level Agreements ("SLA") will also be within normal Fort Worth operating procedures. Locution support will be provided on an as needed basis. B. Standards. Fort Worth shall notify 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 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 Lake Worth, D. Records. Fort Worth will maintain all call logs and records related to the dispatching for Lake Worth. At any time, 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 Lake Worth in relation to this Agreement, or incidents occurring within the boundaries of the Lake Worth in relation to this Agreement,Fort Worth agrees to notify the 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 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. Fort Worth will also work with Lake hiterlocal Agreement Page 2 of 9 Worth in partnering on the purchase of equipment related to Locution Station Alerting including those items outlined in Attachment B. F. Invoicing. In accordance with Attachment "A" — Dispatching Project Costs and Attachment "B", Fort Worth will invoice 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 Lake Worth can validate before remitting payment. The cost/run fee of$30/run could be slightly adjusted in future years to account for inflation; however, any changes will be reviewed with Lake Worth in advance for their concurrence, The City of Fort Worth will invoice Lake Worth $70 an hour, the parts needed plus 10% of the parts, If the call is after hours, the charge is time and half with a minimum of a two-hour charge. 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 Lake Worth on any complaints/concerns that arise either internally or externally related to this Agreement. 3. Lake Worth's Responsibilities. A. Agency Liaison. 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 Foil Worth's Emergency Communications Center, B. Agency Contacts. 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. Lake Worth will provide Fort Worth with infrastructure data including but not limited to address, building, emergency data, and water supply information. 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. Lake Worth agrees to forward any public information requests for dispatch specific records or recordings to Fort Worth, Such requests Interlocal Agreement Page 3 of 9 will be honored in accordance with Fort Worth's open records policy and the laws of the State of Texas. E. Equipment. 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. Lake Worth will maintain current-life device that can be vendor-supported, F. Payment. In accordance with Attachment "A" — Dispatching Project Costs and Attachment"B" Station Altering Costs, 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. In accordance with Attachment"B" — Station Alerting Costs, Lake Worth will pay the support costs on a monthly basis, once installs have taken place and the systems are functional, G. Stakeholder Group. Lake Worth shall participate in a stakeholder group which shall be established by the Fort Worth Fire Alarm Office in coordination with Lake Worth. The goal of the group will be continuous quality improvement and support. H. Grant Support. Lake Worth shall provide support for any grants related to the communication center or radio communication system. 1. Alert Notification System. 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. Lake Worth will maintain a support agreement with Locution and allow Fort Worth to call on their behalf. 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 &II 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. Interlocal Agreement Page 4 of 4 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. 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. Severabili1y. 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 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 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 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. Interlocal Agreement Page 5 of 9 15. Non-Appropriation of Funds. Fort Worth 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 party 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. 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 Patty shall give the audited Party reasonable advance notice of intended audits. 17. Liability.Nothing in the performance of this Agreement shall impose any liability for claims against Fort Worth 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 Majeure. 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 Lake Worth: City of Fort Worth City of Lake Worth Attn:Assistant City Manager City Manager Stacey Almond 200 Texas Street 3805 Adam Grubb Fort Worth,TX 76102-6314 Lake Worth,TX 76135 With copy to Fort Worth City Attorney's Office at same address IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. Interlocal Agreement Page 6 of 9 (sigirature page follows) 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: ValerieWashington(Apr19,202214:16C of this contract, including ensuring all performance Name: Valerie R. Washington and reporting requirements. Title: Assistant City Manager Date:Apr 19, 2022 ,20 By: Mark Rausc her(Apr 11,202208:09 CDT) APPROVAL RECOMMENDED: Name: Mark Rauscher Title: Assistant Fire Director By: J sD-is(Apr11,202211:44CDT) APPROVED AS TO FORM AND LEGALITY: Name: James Davis g44nnnn�� Title: Fire Chief cy0�°FORr 1d a>o oG d0 ATTEST: p vo o�idd By: ° ° ° ° o* d Name: Christopher Austria Pao °°°°°°°°° Title: Assistant City Attorney By:Jannette S.Goodall(Apr 20,2022 07:07 CDT) CONTRACT AUTHORIZATION: Name: Jannette S Goodall M&C:21-0446 _ Title: City Secretary �1111111f11� \\\�-A pt Lake k' CITY OF LAKE WORTH: ATTEST:: "I",le 01 •01r \ By: W4— fill n Name: Stacy Almond Mom a Solko, City Secretary Title: City Manager Date: • v 120 2� Lake Worth Council Action 0 N Date Approved-�"— \ 2-•k Agenda No. \-\'2 Card I Roc.Wo. OFFICIAL RECORD Interlocal Agreement CITY SECRETARY FT.WORTH,TX ATTACHMENT"A" DISPATCHING COSTS May 5,2020 M&C Amounts One-Time Monthly Annual Apparatus Costs MDC Hardware Dell Latitude 7214 Rugged (CTO) $3,095.65 - - Docking Station (DS-DELL-417) $541.78 - - Swivel Mount(C-MD-202) $51.73 - - Cradlepoint Hardware 11311900 Cradlepoint w/5 Years NCE(MA5-09001200-NNA) $1,037.70 - - Cradlepoint Antenna (AP-IBR1100-Q-BL) $198.28 - - Labor\Installation Labor-Configure MDC $126.16 - - Labor-Install Equipment in Apparatus $433.96 - - Recurrins Costs GTS Management Cost(annual), per device - - $152.44 Cradlepoint Cellular Service-Unlimited (DIR) - $37.99 $455.88 Cradlepoint NCE per year(after Year 5) - - $62.81 TOTAL-Apparatus Costs $5,485.26 $37.99 $671.13 Quantity 7 7 M&C Grand Total $38,396.82 $4,697.91 Interlocal Contract—Page 8 I ATTACHMENT`B" STATION ALERTING COSTS One- Time Annual Station Alerting Costs Alerting System Hardware CFW PC $866.45 Connectivity-Network Meraki device $659.55 Internet Circuit-AT&T FirstNet USB backup $455.88 Internet Circuit-Spectrum Primary service $99.00 $779.88 Network Cabinet and Installation $938.00 Recurring Costs Meraki License per year $331.16 TOTAL-Station Alerting Costs per Station $2,563.00 $1,566.92 Interlocal Contract—Page 9 M&C Review Page 1 of 3 Official CITY COUNCIL AGENDA FORT WORTH Create New From This M&C DATE: 6/22/2021 REFERENCE **M&C 21- LOG NAME: 36LAKE WORTH FIRE NO.: 0446 STATION ALERTING CODE: C TYPE: CONSENT PUBLIC NO NO SUBJECT: (ALL)Authorize Interlocal Agreement with the City of Lake Worth for Fire Station Alerting Services, Authorize the Fire Department to Accept Reimbursements for One- Time Costs for Initial Equipment Installment and Reoccurring Annual Costs for Fire Station Alerting Services, and Adopt Attached Appropriation Ordinances RECOMMENDATION: It is recommended that the City Council: 1. Authorize interlocal agreement to provide fire station alerting services to the City of Lake Worth; 2. Authorize acceptance of reimbursement for one-time equipment installation costs from the City of Lake Worth into the Special Purpose Fund related to initiating fire station alerting services; 3. Authorize acceptance of annual reimbursements from the City of Lake Worth into the General Fund for reoccurring costs as a result of Fort Worth handling fire station alerting services; 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Special Purpose Fund, in the amount of $2,563.00, from available funds, for the Suburban Dispatching project to facilitate the initial equipment installation to be fully reimbursed by the City of Lake Worth subject to the need of equipment purchased by the City of Fort Worth; and 5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the General Fund in the amount of $1,566.92, from available funds, for the support of equipment, to be fully reimbursed by the City of Lake Worth. DISCUSSION: The City of Lake Worth (Lake Worth) shares common geographical boundaries with the City of Fort Worth (Fort Worth) and already participates in a mutual aid agreement to provide fire protection, emergency medical, and rescue services in each other's jurisdictions. 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 and also for Lake Worth through the Fort Worth fire department's Suburban Dispatching Program (M&C 20-0297). It has become mutually agreeable to incorporate the station alerting service for Lake Worth into the Fort Worth 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 regionalization and consolidation approach to dispatching, and enhance cooperation with adjacent municipalities Common communications and Information Technology (IT) equipment may be necessary. Fort Worth has agreed to purchase equipment for Lake Worth if they cannot obtain the specified items to be utilized for dispatching. If Fort Worth accommodates the procurement, appropriations will be established and reimbursed by Lake Worth. These potential one-time costs will be captured in the Special Purpose Fund, and are calculated on a per station basis with one station being equipped http://apps.cfwnet.org/council_packet/mc review.asp?ID=28996&councildate=6/22/2021 4/11/2022 Page�18�CD�ev/cv� - ��� initially for Lake Worth. The estimated total is $2.563.00. The equipment will be supported by Fort Worth through existing contracts and city personnel,Annual costs will be paid by Fort Worth and invoiced to Lake Worth for repayment to the General Fund. Annual recurring costs are expected to be $1,566.92 for the services and maintenance of equipment and hardware. Potential one time purchase costs and annual cost of support details are shown below. Support Alerting System Hardware Connectivity - Network J1 backup Internet Circuit - Spectrum Primary $99.00 $779.88 service Network Cabinet and Installation $938.00 $0.00 Recurring Costs TOTAL -Station Alerting Costs $2,563.001 $1,566.92 This project will serve ALL COUNCIL DISTRICTS. FISCAL Station Alerting Costs - per Station One-Time Annual 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. TO I Fund Department i Account 1 Project I Program Activity Budget Reference# Amount L ID FROM Amount F u n d T Account Project Program Act Budget Reference# ID ID Year (Chartfield 2) Submitted for City Manager's Office by: Valerie Washington (6190) Originating Department Head: Jim Davis (88U1) Additional Information Contact: Mark Rausoher (68O3) ATTACHMENTS h1kp:/6anns.ofwne1org/counoi| nnokct/n/c_rericvv4ap?1[)=209906LoouooUda1e=0/2Z/202l 4/11/2022 M&C Review Page 3 of 3 36LAKE WORTH FIRE STATION ALERTING funds avail.docx (CFW Internal) 36LAKE WORTH FIRE STATION ALERTING 10100.docx (Public) 36LAKE WORTH FIRE STATION ALERTING 25002.docx (Public) City of Fort Worth and Lake Worth - Station Alerting 4.22.21.doc (CFW Internal) LakeWorthFID TABLE.xlsx (CFW Internal) http://apps.cfwnet.org/council_packet/mc review.asp?ID=28996&councildate=6/22/2021 4/11/2022