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HomeMy WebLinkAboutContract 27161 CITY SECRETARY CONTRACT NO. EIRE SERVICES AGREEMENT STATE OF TEXAS COUNTY OF TARRANT WHEREAS, the City of Fort Worth and the City of Benbrook have a lengthy history of mutually beneficial cooperative efforts in the provision of fire fighting services; and WHEREAS, pursuant to Chapter 791 of the Texas Government Code, the Texas Interlocal Cooperation Act, the City of Fort Worth and the City of Ben- brook desire to continue these cooperative efforts to provide adequate fire fighting services to the citizens of their respective cities in the most ef- ficient and economical manner; and WHEREAS, the City of Fort Worth and the City of Benbrook desire to specify the terms and conditions of an agreement through which this mutually beneficial relationship may continue into the future: NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: This contract and agreement is entered into by and between the City of Benbrook ("Benbrook" ) , a home-rule municipality in 'Tarrant County, acting through its duly authorized Mayor, and the City of Fort Worth ("Fort Worth") , a home-rule municipality in Tarrant County, acting through Gary Jackson, its duly authorized City Manager; and W I T N E S S E T H: 1. SERVICE AREA; PROCEDURES Fort Worth will provide fire protection service at the service level specified hereinafter to Benbrook in the service area, the exact location of which is designated in a location map marked Attachment "A," hereto incorpo- rated and specifically made a part of this agreement. Fare protection ser- vices will be provided in accordance with standard operating procedures of the Fort Worth Fire Department, in conformance with Fort Worth's rules, regu- lations and ordinances relating to provision of such services. All cal. ��1 MN L PECORD I�TY KIZ y I shall be received from Central Dispatch in the Fort Worth Fire Department, and all alarm procedures shall be wholly under the Fort Worth Fire Depart- ment' s control. It is recognized and understood that Fort Worth cannot and does not assume responsibility for the provision of fire services beyond those of the service level chosen by Benbrook, nor outside the service area. 2. DURATION; RENEWAL This agreement shall be in effect for a period of five (5) years, com- mencing October 1, 2001, and expiring September 30, 2006, unless terminated earlier for cause as specified below. Cost adjustments shall be made on an annual basis, pursuant to the formula set out in Section 3, "Cost Calculation Formula," and the respective attachments thereto. At expiration, the terms and conditions of this agreement may be extended for additional, five-year pe- riods, upon mutual consent of Fort Worth and Benbrook in writing. 3. COST CALCULATION FORMULA As consideration for the provision of fire services, Benbrook will pay Fort Worth the amount set out in Attachment "B" which shall be calculated on the basis of the following factors, subject to annual revision and adjust- ment: A. Fort Worth's per capita cost of fire protection; B. Benbrook' s population served by this agreement; C. The hazard potential factor for the area covered under this agreement; D. The level of service provided. Each of these factors is analytically set out in greater detail in Attachment "C" incorporated and specifically made a part of this agreement. The actual calculation figures for the current year of the contract, including service level chosen and hazard potential factor rating, shall appear in Attachment "B." 4. CONSIDERATION Fort worth and Benbrook, as taxpayer-supported entities, recognize the importance of timeliness of providing cost figures for purposes of budgetary convenience. Therefore, Fort Worth covenants that it will cause to be sent to Benbrook no later than August l$t of each year a calculation of the cost of fire service for the following year similar in format to Attachment "B" hereof. Should Benbrook fail to receive said cost calculation by August 15t of that year, it shall notify Fort Worth of that fact by registered or certified mail, requesting Fort Worth to immediately provide same. Fort Worth covenants that it will use its best efforts to provide appropriate cost information to Benbrook in a timely manner. Benbrook agrees to tender to Fort worth twelve (12) equal monthly pay- ments, each payment representing 1/12 of the total amount due under the terms of this contract. The first payment will be due on or before October 15, 2001, and monthly payments thereafter shall be made no later than the fif- teenth (15th) day of each month. Payment shall be by certified check or by any other method agreed to by Benbrook and Fort Worth. b. TERMINATION FOR CAUSE Both cities recognize the importance of fire service and agree to act in utmost good faith in their relations with one another under this agree- ment. Unilateral termination of this agreement shall be limited to the fol- lowing circumstances and only after the defaulting party has been given rea- sonable opportunity to cure: A. Fort worth may terminate this contract for nonpayment upon one hun- dred eighty (180) days' written notice. B. Benbrook may terminate this contract for failure of Fort Worth to provide service upon one hundred eighty (180) days' written notice. 6. LIABILITY (a) In accordance with section 791.006 of the Texas Interlocal Coopera- tion Act, (TEx. Gov'T CODE ANN. § 791.001 et seg. [Vernon 1994] ) , any civil li- ability arising from furnishing fire protection services under this contract shall be the responsibility of Benbrook. (b) Subject to the foregoing, Fort Worth and Benbrook agree to the following: 1. Title to all equipment used by the Fort Worth Fire Department to carry out the terms of this contract will remain in the City of Fort Worth. 2. Title to all equipment used by the Benbrook Fire Department to carry out the terms of this contract will remain in the City of Benbrook. 3. Each city shall bear its own administrative expenses incurred pursu- ant to and arising out the performance of this contract. 4. Pursuant to the terms of the statute referenced above, Benbrook agrees to be responsible for all liability for any damage to Fort Worth equipment, and for all liability for personnel and employee benefits for Fort Worth personnel providing services under this agreement, in- cluding workers' compensation, pension and retirement benefits. 7. NON-WAIVER OF IMM WITIES AND DEFENSES It is expressly understood and agreed that, in the execution of this agreement and contract, neither city waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against third-party claims arising in the exercise of governmental powers and functions. B. NON-ASSIGNABILITY This agreement is not assignable by either party and any attempt to as- sign it is void. 9. AMENDMENT This agreement may be amended at any time by mutual consent of the par- ties. .Any such amendment shall be in writing, attached hereto and filed with the City Secretaries or other appropriate official of the parties. 10. ENTIRETY This writing with its attachments and with any amendments, per the foregoing paragraph, constitutes the entire agreement between Fort Worth and Westover Hills, and no oral or written agreement exists elsewhere to modify same. 11. SEVERABILITY The provisions of this contract are severable. Should any portion of it be adjudged invalid by a court of competent jurisdiction, the remainder of its provisions are to be given full force and effect as if the offending por- tion did not exist. ATTEST: CITY OF FORT WORTH ( �f/10 ztt:o) a4r�� By: QsS Ca.ty jecretary Gy Jacks , City Manager APPROVED AS TO FORM AND LEGALITY: Contract Authorization 4cityoto"rney of Fort orth — 12 Date Dater ATTEST: CITY OF Benbrook By: it Secretary F.T. Hebert, Mayor APPROVED AS TO FORM L ITY: City Attorney of Benbrook Date: � i ( 2434 uNNUAI PEeogjD Cl p;lKl IV FT, ru, m`r O m i i R DG EA L s tzl L N/41 7y 41 ��R�dG6 V u o dOLy1N! �b� `ax s y f 3 1Nn z RIDGE NA o a`ti S ISS0 0 a 4-.� Y 6 �p bff Q U uj ° �o d 3 9 w a �A 2 J 3NOlS 6 ui 7r [ w 3 � r to RAP ° ONI NOs ��� r 3 _. � _ V r� _ -------- --- - > ` 7vyM `0NlgNiM S O N308O8 3N3�i! 33gR1 ca ?l353q z 571WN CD 0: w O 3NONVOb m O z ¢ uj 0 3 171 � 30J 0 o w H 2fdq 0 d� } ii r 11(lt7a w a�i N > a a j w o Np Q X p L2136113 0 �� n o o s m LL cn xvi8v3 JB = 31NN08 m Jd32i U N 9 �Np9 Ir C3 1SSyyp o (Ny pb r fis A � Y � a w O NZ L) �p v� :� ff Sjw. llM 1� @v�D p�O9r� i103SNIM r" °d > 171HLS82! car o lij o U C a SOGOR� t10NHa8 �N§Lids; o � a o M00Nf35 a >� 00 GSM 0 3 f3ANNf1S Y d� _ °� 7a <%r iH3l`IIMI n v� f' OiNld �yq ro f 71332!0 1LMW,: �8S iNMd pia NMtlq 0 tr n y DOc 13Zrh la � � P J ATTACHMENT "B" 2001 - 2002 Fire Protection Charges to Benbrook: (a) Fort Worth Per Capita Cost of Fire Protection $146.54 (b) Benbrook Population to be Protected 7, 918 (c) Benbrook Hazard Potential Factor 110 (d) Service Level 4 (20%) $232, 060.74 ATTACHMENT 'C" Cost Calculation Formula - Analyzed I. CITY OF FORT WORTH PER CAPITA COST OF FIRE PROTECTION The figure arrived at is based on the following factors: A. The most recent adopted Fort Worth Fire Department budget B. Indirect costs for Fort Worth Eire Department C. Debt Service (attributable to Fort worth Fire Department) D. Population of City of Fort Worth (according to the most recent report by NCTCOG) The actual calculation for this function is A plus B plus C, the total then divided by D. II . POPULATION OF THE CITY TO BE PROTECTED In the case of a city requesting fire protection for the entire population, the most recent COG population estimates are used. In cases in which a portion of a city is to be protected, the most recent U.S. Census Bureau Black Data for the portion of the City to be protected and the most recent U.S. Census Bureau Total City Average Household Size for the City will be used to calculate the population. Formula: Block Data Population X Average Household Size = Popula- tion to be protected. III. HAZARD POTENTIAL FACTOR The Hazard Potential Factor determines whether the area to be covered has a greater or like fire protection factor as Fort Worth. The Factor is based on an assessment of: A. Varying types of 2ro2erties in the area to be 2rotected. This in- cludes a survey of small homes and businesses which have a mini- mal potential to escalate beyond a first alarm assignment; larger homes, light industrial area, and other properties that have a potential for escalation to a higher alarm level; industrial ar- eas, hazardous operations, highrise buildings, large public as- sembly areas, and institutional properties where life hazard is above average and other properties where the potential to esca- late to a maximum response is high. B. Transportation Routes. Transportation routes are factored due to the special problems railroads, highways, and major traffic routes can add to fire protection efforts. C. Open Land. Both developed and undeveloped open land is included since fires in these types of areas require special kinds of equipment and, at times, large numbers of manpower. In evaluating this category, consideration is given to area, accessibility, and ground cover. D. Other Fire Protection Factors. This includes water supply, fire and building codes and their enforcement, sprinklers, standpipes, and smoke and heat detectors. E. Special Factors. Any special factors unique to potential protec- tion area and inconsistent with the Fire Department's experience. All ratings of the potential protection area are done based on the re- lationship of each factor to the "norm" of Fort Worth. A rating of 1 means that a factor is approximately the same as is common to lake factors in the City of Fort Worth; a greater hazard factor would receive a higher rating. Under no circumstances would the Hazard Factor be less than the 1.0 factor applied to the City of Fort Worth. IV. LEVEL OF SERVICE TO BE PROVIDED The final factor in the formula allows a client city to choose one of four levels of service to be provided by the Fire Department. Level 1 Full fire protection service, including full fire suppression; emergency medical first responder services; inspection of all schools, water hydrants, commercial establishments, and churches; arson investigation; bomb squad; fire safety education; hazardous materials response; emergency management; all other fire services received by Fort Worth residents. The cost of Level 1 service is based on the full per capita cost of Fort Worth fire protection. Level 2 Full fire suppression service, emergency medical services first responder service, inspection of water hydrants, and hazardous materials incident response. If the Fort Worth Eire Department Incident Commander determines that any specialized services, in- cluding but not limited to hazardous materials response, techni- cal rescue, and/or emergency medical services are required for a particular incident responded to in the contracting city by the Fort Worth Fire Department the contracting city will not be charged for such additional services. Level 2 service is provided for 90a of the full per capita cost of Fort Worth fire protec- tion. Level 3 Nearest one-alarm assignment. For this level of service the Fire Department will respond to the nearest one-alarm assignment, which includes, on average, two Pump companies, one Ladder com- pany, and one Battalion Chief. This level of service does not in- clude emergency medical first responder service or hazardous ma- terials response. If the Fort Worth Fare Department Incident Commander determines that any specialized services, including but not limited to hazardous materials response, technical rescue, and/or emergency medical services are required for a particular incident responded to in the contracting city by the Fort Worth Fire Department the contracting city will not be charged for such additional services. Level 3 service is provided at 60% of the per capita cost of Fort Worth fire protection. Level 4 Nearest one-alarm assignment. For this level of service the Fire Department will respond to the nearest one-alarm assignment, which includes, on average, two (2) Pump companies, one (1) Lad- der company, and one (1) Battalion Chief. This level of service does not include emergency medical first responder service or hazardous materials response. If the Fort Worth Fire Department Incident Commander determines that any specialized services, in- cluding but not limited to hazardous materials response, techni- cal rescue, and/or emergency medical services are required for a particular incident responded to in the contracting city by the Fort Worth Fire Department the contracting city will not be charged for such additional services. This level of service also requires the contracting city to supplement the fire ground re- sources by responding up to all available fire personnel and ap- paratus when requested by the Fort Worth fire commander. Such supplemental resources will work under the direction of the Fort Worth Fare Department district chief or incident commander. Level 4 service is 20% of the per capita cost of Fort Worth fire pro- tection.