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HomeMy WebLinkAboutContract 27956 CITY SECRETARY 09-04-02 P01 :39 IN CONTRACT No. f�`�a�� 03-13-02 A08 :44 IN EIRE SERVICES AGREEMENT STATE OF TEXAS COUNTY OF TARRANT WHEREAS, the City of Fort Worth and the City of Westover Hills 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 lnterlocal Cooperation Act, the City of Fort Worth and the City of Westover Hills desire to continue these cooperative efforts to provide ade- quate fire fighting services to the citizens of their respective cities in the most efficient and economical manner; and WHEREAS, the City of Fort Worth and the City of 'Westover Hills desire to specify the terms and conditions of an agreement through which this mutu- ally 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 Westover Hills ("Westover Hills") , 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: I. SERVICE AREA; PROCEDURES Fort Worth will provide fire protection service at the service level specified hereinafter to Westover Hills in the service area, the exact loca- tion of which is designated in a location map marked Attachment "A, " hereto incorporated and specifically made a part of this agreement. Fire protection services 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 service OW��CGI: C�� CRY�IEZ R 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 Westover Hills, 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 Westover Hills in writing. 3. COST CALCULATION FORMULA As consideration for the provision of fire services, Westover Hills will pay Fort Worth the amount set out in Attachment "B" which shall be cal- culated on the basis of the following factors, subject to annual revision and adjustment: A. Fort Worth's per capita cost of fire protection; B. Westover Hills' 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 4. CONSIDERATION Fort Worth and Westover Hills, as taxpayer-supported entities, recog- nize 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 Westover Hills no later than August I" of each year a calculation of the cost of fire service for the following year similar in format to At- tachment "B" hereof. Should Westover Hills fail to receive said cost calcula- tion by August 1''° 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 ap- propriate cost information to Westover Hills in a timely manner. Westover Halls agrees to tender to Fort Worth twelve (12) equal monthly payments, 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 fifteenth (15''') day of each month. Payment shall be by certified check or by any other method agreed to by Westover. Hills and Fort Worth. 5, 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. Westover Hills may terminate this contract for failure of Fort Worth to provide service upon one hundred eighty (180) days' written no- tice. 6. LIABILITY Any civil liability shall be determined pursuant to the terms of 'Texas Government Code 791 .006. 7. NON-WAIVER OF IMMUNITIES 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. 8. 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 FO WORTH By: City Sec:retar Li y Oats Assistant City Manager APPROVED AS TO FORM AND LEGALITY: 3ontract authorization r C3"to Attorney of t Worth Date Date: _ dr ATTEST: CITY OF Westover Hills i By: /G ( City ecretary Earl Shields, Mayor APPROVED AS TO FORM AND LEGALITY: r City Attorney of We ver Hills Date: Z?';;'Xn 2 CIry TRY © CD < W �(D O h =�Ljj C) _ Q < « NV Lli Lij O J tivs sE 0 �` t Lil Li m its fi� aw ffil �,r yc�%:.�,�3 v"✓afr `l k `' - r k"5 t'"�'i 's J �:� 0-17V H uj r Lli r S r3 r ,a'= +1 iP x m Y� .F y�'w NV D Q C LLJ ct� 0 i Sd Ljj Cl- 03xvi F a p W Q Q O LJ vl�, _ L - w S' . Q / i Z� SRS 1LLE5 O CL Q �7 1Nno)\ �3 AV3M A10 see �� ATTRCHMENT "B" 2001 2002 Fire Protection Charges to Westover Hills: (a) Fort Worth Per Capita Cost of Fire Protection $146.54 (b) Westover Hills Population to be Protected 658 (c) Westover Hills Hazard Potential Factor 1.478 (d) Service Level 2 (90%) $128, 262.30 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 Fire 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. Il . 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 Block 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 properties in the area to be protected. This in- cludes a survey of small homes and businesses which have a mini- ma. 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. Trans ortation 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 like 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 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. Level. 2 service is provided for 900 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 Fire 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 600 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 Fire Department district chief or incident commander. Level 4 service is 20% of the per capita cost of Fort Worth fire pro- tection.