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HomeMy WebLinkAboutContract 29224 10-27-031109 : 05 RCVD STATE OF TEXAS § CITY SECRETARY ` OONTRACT NO, COUNTIES OF TARRANT, DENTON AND WISE § INTERLOCAL AGREEMENT WHEREAS, the City of Hurst and the City of Fort Worth desire to provide emerge,ncy services to the citizens of both cities in the most convenient and economical manner available; and WHEREAS, the City of Hurst and the City of Fort Worth desire to cooperate in the provision of fire protection and assistance services of each city; and WHEREAS, the City of Hurst and the City of Fort Worth desire to provide for fire station locations that will benefit both cities now and into the future; and WHEREAS, the City of Hurst and the City of Fort Worth desire to provide for the renovation and timely maintenance of premises owned by Hurst and in the stationing of personnel and firefighting apparatus of the City of Fort Worth in such premises; NOW, THEREFORE KNOW ALL BY THESE PRESENTS: THIS INTERLOCAL (INTERGOVERNMENTAL) Agreement ("Contract") is entered into by and between the Governmental Entities shown below as "Contracting Parties," pursuant to the authority granted and in compliance with the provisions of the Texas Government Code, Chapter 791, the"Interlocal Cooperation Act." I. CONTRACTING PARTIES: This contract is made and entered into by and between the City of Hurst, Texas, hereinafter called"Hurst,"and the City of Fort Worth, Texas, hereinafter called"Fort Worth;" City of Fort Worth: Coordinating Agency: Cit Mana en's 4 zce Ci o rt t � ,��^^; . Contact Persons: Joe Paniagua, Assistant. City Manager, L. Charles Gaines, Fire Chief' City of Hurst: Coordinating Agency: City Manager's Office, City of Hurst Contact Persons: Jeff Jones, Assistant City Manager; John Brown, Fire Chief II. TERMS AND CONDITIONS. 1. It is mutually agreed: A. That Fort Worth Fire Station No. 27 shall be located in premises owned by the City of Hurst, located at 201 Holloway Ct., Hurst, Tarrant County, Texas. B. That the first arriving fire company officer at any emergency shall take command using generally accepted incident command practices to abate the emergency. If such officer is not employed by the city in which the emergency exists, such officer shall continue in command only until relieved by the first arriving officer from the city in which the emergency exists, which shall ordinarily occur immediately upon the arrival of the latter at the scene of the emergency. Fire crews from both cities shall serve at the direction of the Incident Commander. C. Each city agrees to utilize the Incident Command System and operate in compliance with 2 in/2 out requirements. a. Each city's company officer shall complete reports in a timely manner as requited by the city to which a response was made. Fort Worth Fire Station No. 27 personnel shall input reports (pertaining to calls made by Fort Worth Personnel in the City of Hurst) into Hurst's computerized records management system. b. Each city shall provide responses as directed by the city in which the alarm originates according to the outlined alarm area o*�xg « ` V-r that such response is subject to the availability of+ W4 HARR XIVU YR. equipment, as determined by the Fire Chief of the responding city, and a response will be trade if such personnel and equipment are not involved in another emergency that seriously limits the ability to respond at the time the request is made. Each company officer shall be responsible for making sure his/her crew is familiar with the response area assigned under this contract; and c. Hurst and Fort Worth Station No. 27 crews shall cooperate in joint training opportunities planned by either city and shall participate in training occurring within the areas specified in this contract when possible, as well as other training outside such areas when feasible. D. Hurst Agrees: a. To provide for the use of Fort Worth a building, herein designated "Fire Station," which shall be suitable to house firefighting apparatus and personnel, such facilities to be located at or about the 201 block of Holloway Ct., Hurst, Texas, for a period of five years, beginning on October 1", 2003 and ending September 30, 2008. At the end of the five- year period, the contract can be renewed for one (1) year periods with the approval of both parties. b. To keep said premises insured against damage from fire, windstorm and hail. c. To provide station renovations as outlined in Attachment"l." d. To maintain said building in good repair and bear the expense of all structural maintenance of and repair to the roof, walls, foundation, air conditioning and heating equipment and systems, electrical and plumbing and all mechanical and electrical devices, which will be referred to as essential components. Upon notification that any essential component is in need of repair or replacement, the City of Hurst shall commence said re air or replacement as soon as ossible and in no case more than 24 hours after receipt of notice. Other items such as cooking equipment, dishwasher, icemaker, refrigerators, etc. shall be furnished and maintained by the City of Hurst and shall be of the same standard as t a ,i, a 1u5rsJ�U �G,I�� ,, � 'J��l� Fort Worth Fire Department fire stations and will be rep re �*r ��° off in a reasonable time not to exceed 72 hours from the time of first notification. If essential components or items are not replaced or repaired as outlined, the Fort Worth Fire Department shall have the option to replace or repair said items and the cost for these replacements or repairs shall be reimbursed by the City of Hurst. Notification to Hurst by Fort Worth shall be by electronic means to the Hurst representative(s) and by phone to the Hurst Shift Commander. e. The Hurst Fire Department will dispatch units to assure adequate personnel are assigned to meet 2 in/2 out as outlined in state law to any reported structure fire that Fort Worth Fire Station 27 is dispatched to in Hurst. If, for any reason, this requirement cannot be met on a particular incident, Hurst Fire Department shall immediately provide the necessary resources via mutual aid. f To pay such costs as may be incurred for the use of water from fire hydrants located in Hurst by Fort Worth personnel while providing fire protection services in Hurst on a mutual aid basis; and g. That the Hurst Fire Department shall automatically respond to structure fires and provide emergency medical service when requested in Fort Worth in an area described in the following description and as shown on the map attached hereto as Exhibit "A." The area the Hurst Fire Department shall respond in is described as from Hurst City limits south to the Trinity River and from Handley Ederville Road east to Raider Drive. These designated response areas can be changed by agreement of both fire chiefs and_in-writing via letter with an amended Exhibit A. h. Hurst will respond to the aforementioned response area with a minimum of one engine staffed with a minimum of three (3) personnel including a company officer. The Hurst Quint will be listed on Fort Worth runs cards in listed Fire Demand Zones as the "second" aerial device, only dispatched if the"first" Fort Worth unit is unavailable. i. To provide backup response fire protection services upon request of Fort Worth dispatchers within the city limits of Fort Worth, in areas accessible to standard fire department pumpers, including assistance g providing that in such grass fire responses Hurst fire apt�� operate on hard surface areas where standard fire department pumpers can operate without risk of off-road damage. j. Hurst shall provide to the City of Fort Worth two thousand five hundred dollars ($2,500) per month for the portion of the contract that a paramedic licensed by the State of Texas is assigned to Fort Worth Fire Station 27. The amount shall be paid quarterly and will be prorated as to the actual time a paramedic is staffed and to the actual life of the contract. E. Fort Worth agrees: a. To equip said fire station with adequate firefighting apparatus, which shall consist of at least one (1) 1,000 gallon per minute or larger pumper meeting the national standards in effect at the time the apparatus was purchased; both station and pumper to be equipped with radio equipment, purchased by Hurst, capable of communicating on the Hurst Fire Department frequencies. Any additional equipment needed during the duration of this contract, and agreed to by both fire chiefs, shall be provided under a separately negotiated agreement. b. To assign to and maintain at said fire station at least three (3) full-time professional firefighting personnel per shift including a company officer. To assign and to maintain at said station one full time firefighter (of whatever rank) certified as a paramedic licensed by the State of Texas to respond to calls. Provided, however, that the assignment of the paramedic is predicated upon the City of Hurst completing the construction work on Fire Station 27 as outlined in Attachment 1. C. To furnish all housekeeping equipment and supplies. Fort Worth Fire personnel shall be responsible for all janitorial maintenance of the fire station D. The Fort Worth Fire Station No. 27 shall be responsible for still alarms (grass, trash, smoke smell, natural gas leaks, automobile, etc.) and Emergency Medical Service assignments in Hurst in an area described in the following general description and as shown on Exhibit "A." The still alarm district for Station 27 will be from the east Hurst City limits west to Hurstview Drive; from the south Hurst City limits north to Pipeline Road; and, from the east Hurst City limits west to Harrison Lane and from Pipeline Road north to Cheryl Avon e+;, ditl the Fort Worth Fire Department will respond to one alarms calls esf n and as shown on Exhibit "A." The one alarm area is described as from Pipeline Road south to City limits and from west City limits to the east city limits. Response areas can be changed by agreement of both fire chiefs and made in writing via letter with an amended Exhibit "A." Fort Worth Fire Department Engine 27 will not respond outside of these designated areas unless a mutual aid request is made. E. To pay Hurst as rent $1.00 per year beginning October 1st, 2003 and on the first day of each year thereafter until September 30, 2008. F. Should the premises be destroyed and insurance paid as the result thereof, Hurst shall have the option to rebuild and continue the contract. Unless Hurst elects to rebuild and continue the contract and so notifies Fort Worth within thirty (30) days of the loss, this agreement shall be considered terminated, and neither party shall bear any further responsibility to the other. G. Either party may terminate this agreement after 180 days written notice by one City Manager to the other City Manager. It is expressly agreed that, upon termination, Fort Worth shall, at its option, remove any and all equipment purchased by Fort Worth, the removal of which will not damage the structural integrity of the building, including but not limited to any and all firefighting equipment and apparatus, and any and all appliances, office furniture and other supplies, excluding air conditioning and heating equipment and plumbing which may be replaced as part of the renovation. Upon termination, Fort Worth shall vacate said premises within 180 days of receipt of termination notice. H. Upon termination, Fort Worth shall relinquish the premises to Hurst in substantially the same condition and state of repair as presently exists and, except for normal wear and tear, subject to the provisions of Paragraph 5 of this agreement. 1. Hurst and Fort Worth agree to reimburse each other for actual costs, other than ordinary operational costs, incurred by each other in the performance of this agreement. Reimbursement shall be made on an incident-by-incident basis. Fort Worth EMS supplies used at an incident in Hurst shall be replaced from stock on Hurst MICU units. T. Any civil liability arising from the furnishing of fire/EMS prof ch.0 �;'s� i 0IR t,— A �v2D under this agreement shall be allocated as provided by Texas Go er f�hg-'n1fEf� r'R tl7 ••.'aEl:1'��U'iILL�.�LZ�l9 791.006 (a), or any successor statute. It is expressly understood and agreed that, in the execution of this agreement and contract, neither jurisdiction waives, nor shall 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. III. ENTIRETY This writing constitutes the entire agreement between the parties, and no written or oral statements exist to modify same. IV. CONTRACT CONSTRUCTION The Contracting 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 will not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. V. NO THIRD-PARTY BENEFICIARIES This Contract shall inure only to the benefit of the Contracting Parties hereto and third persons not privy hereto shall not, in any form or manner, be considered third party beneficiaries of this Contract. Each party hereto shall be solely responsible for the fulfillment of its own obligations or commitments. VI. NO JOINT VENTURE, PARTNERSHIP, AGENCY This Contract will not be construed in any form or manner to establish a partnership, joint venture or agency, express or implied, nor any employer-employee, borrowed servant or joint enterprise relationship by and among the Contracting Parties. VII. SEVERABILITY The provisions of this Contract are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Contract or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction unconstitutional for any reason, the remainder of this Contract and the applrcat onNF 9 c phrase, clause, sentence, paragraph, section, or other part of this Contract to other persons or circumstances shall not be affected thereby and this Contract shall be construed as if such invalid or unconstitutional portion had never been contained therein. VIII. FORCE MA.IEURE If, by reason of Force Majeure as hereinafter defined, any party shall be rendered wholly or partially unable to carry out its obligations under this Contract, then such party shall give notice of the particulars of such Force Majeure to the other party within a reasonable time after the occurrence thereof. The obligations of the party giving such notice, to the extent affected by such Force Majeure, shall be suspended during the continuance of the inability claimed and for no longer period, and any such party shall be in good faith exercise its best efforts to remove and overcome such inability. The term "Force Majeure" as utilized herein shall mean and refer to acts of God; strifes, lockouts or other industrial disturbances; acts of public enemies; orders of any kind of the government of the United States, the State of Texas, or any other civil or military authority; insurrections; riots; epidemics; landslides; earthquakes; lightning; fires; hurricanes; storms; floods; washouts; or other natural disasters; arrest; restraint of government and people; civil disturbances; explosions; breakage or accidents to machinery, pipelines or canals; or other causes not reasonably within the control of the party claiming such inability. IX. APPLICABLE LAW; VENUE This Contract shall be construed under and in accordance with Texas law. Venue for any action arising hereunder shall be exclusively in Tarrant County, Texas. X. NOTICES Notices to be provided hereunder shall be sufficient if forwarded to the other party by hand- delivery or via U.S. Postal Service certified mail, postage prepaid, to the address of the other party shown elsewhere in this Contract. XL PARAGRAPH( HEADINGS The paragraph headings contained herein are for the convenience in refere q, intended to define or limit the scope of any provision of this Contract. `v , J XII. RIGHT TO AUDIT Hurst agrees that Fort Worth shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine any directly pertinent books, documents, papers and records of Hurst involving transactions relating to this Contract. Hurst agrees that Fort Worth shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. Fort Worth shall give Hurst reasonable advance notice of intended audits. XIII. EXECUTION This Contract is effective upon execution by both parties. CITY OF FO ORTH CITY OF HURST City an City Manager Date: �0 2 . _'j Date: Contract Authorization Approved for Form and Legality: Approved for Form and Legality: " ity Attorney City Attorney City of Fort Worth City of Hurst Attest: Attest: City Secretary City Secretary City of port Worth City of Hurst Attachment "1" Station 27 Repairs Apparatus Room 1. Remove partition wall 2. Replace banker gear lockers with larger ones and relocate to North. and/or South wall(s). 3. Repair concrete floor 4. Install a bird barrier in truss void to prevent nesting— 5. Add power opener to back overhead door - Liv_inLy Quarters 1. Remove jail door in existing shower. 2. Remove glass wall and cabinets in dining hall. 3. Remove Hallway partition to enlarge station to its original size �, �� 4. Replace stove with commercial model and add vent hood r: PEC00 R 1�a •�v!'���A&� B67�o 5. Convert back of station into 4`h bedroom (officers quarters) including separate bathroom and shower. 6. Install phones and tone/lights in officers quarters. 7. Upgrade HVAC system to adequate capacity (downsized in '98). Clean ducts in existing system.. 8. Provide secure location for HAM radio equipment if present 9. Paint and re-carpet throughout. Station General 1. Repair sewage leak on Northeast corner of building. Apparatus 1. Add charger for existing Hurst portable radio. !I' I 'I= '� �'D i IM,