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Home My WebLink AboutContract 26229 CITY SECRETARY' CONTRACT NO FIRE SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS, the City of Fort Worth (hereinafter referred to as "Fort Worth") and the City of Westover Hills (hereinafter referred to as "Westover Hills') have a lengthy history of mutually beneficial cooperative efforts in the provision of fire fighting services; and WHEREAS, pursuant to Title 7, Chapter 791 of the Texas Government Code, known as the Interlocal Cooperation Act, the City of Fort Worth and the City of Westover Hills desire to continue these cooperative efforts to provide adequate 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 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 Westover Hills, a home-rule municipality in Tarrant County, acting through its duly authorized Mayor, and the City of Fort Worth, a home-rule municipality in Tarrant County, acting through Libby Watson, its duly authorized Assistant City Manager; and, WITNESSETH : 1. SERVICE AREA; PROCEDURES Fort Worth will provide fire protection service at a LEVEL TWO service level specified hereinafter to Westover Hills in the service area, the exact location of which is designated on a standard operating procedures of the Fort Worth Fire Department, in conformance with Fort Worth's rules, regulations and ordinances relating to provision of such services. All calls shall be received from Central Dispatch in the Fort Worth Fire Department, and all alarm procedures shall be wholly under the Fort Worth Fire Department'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. LEVEL OF SERVICE Fort Worth agrees to provide to Westover Hills fire protection service at a LEVEL TWO service level. LEVEL TWO service is defined under this contract as follows: Full fire suppression service, emergency medical services, first responder service, inspection of water hydrants, and hazardous materials incident response. 3. DURATION; RENEWAL This agreement shall be in effect for a period of one (1) year, commencing October 1, 2000, and expiring September 30, 2001, unless terminated earlier for cause as specified below. 4. CONSIDERATION As consideration for the provision of fire services, Westover Hills will pay Fort Worth the amount of One Hundred Twenty Eight Thousand Three Hundred and Thirty Four dollars ($128,334) for the one-year term of this contract. Westover Hills agrees to tender payment 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, 2000, and monthly payments thereafter shall be made no later than the fifteenth (15th) day of each month. Payment shall be made by certified check or by any other method agreed upon by Westover Hills and Fort Worth. FFY {A{�n�t+l,�'.r'I 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 agreement. Unilateral termination of this agreement shall be limited to the following circumstances and only after the defaulting party has been given reasonable opportunity to cure: A. Fort Worth may terminate this contract for nonpayment upon one hundred 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 notice. 6. LIABILITY In accordance with section 791.006 of the Texas Interlocal Cooperation Act, (TEX. GOVT CODE ANN. § 791.001 et seq. [Vernon 1994]), any civil liability arising from furnishing fire protection services under this contract shall be the responsibility of Westover Hills. Subject to the civil liability as stated above, Fort Worth and Westover Hills agree to the following: • All equipment used by the Fort Worth Fire Department to carry out the terms of this contract will be owned by Fort Worth. • All equipment used by the Westover Hills to carry out the terms of this contract will be owned by Westover Hills. • Each city shall bear its own administrative expenses incurred pursuant to and arising out the performance of this contract. �l'I��U lI U`'��IR� • All persons employed by the City of Fort Worth Fire Department that provide fire protection services under this contract will, at the time of such performance, be considered employees of Fort Worth for purposes of personnel and employee benefits, including any claims for workers' compensation or retirement benefits. • The City of Westover Hills agrees to waive rights of subrogation against the City of Fort Worth, its agents, servants, successors, officers and employees, for any loss or damages to persons or property or claims or causes of action resulting from or caused by the rendering of services under the terms of this contract. 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 assign it is void. 9. ENTIRETY This writing with its attachments constitutes the entire agreement between Fort Worth and Westover Hills, and no oral or written agreement exists elsewhere to modify same. �0GD '''l� I CUl'DD 0 ��nI—e-Ma PV 4 R VIVIEICO)'INP f o 10. 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 portion did not exist. CITY WESTOVE ILLS CIT OF FORT W TH Mayor LLNby Wat o , Assistant City Manager ATTEST: AT ST: (::City Secretary dty Secretary10- 5-00 APPROVED AS TO FORM APPROVED AS TO FORM AND LEGALITY AND LEGALITY David Yett, City Attorney By: .- City Attorney of WeslQer Hills ssistant City Attorney C - Contract Authorization Date OFFM,L VEND 5 City of Fort Worth, Texas 4Vayor and Coun"K Communication DATE REFERENCE NUMBER LOG NAME PAGE 9/5/00 **C-18217 36WESTOVER 1 of 2 SUBJECT EXECUTION OF ONE-YEAR CONTRACT FOR FIRE PROTECTION WITH THE CITY OF WESTOVER HILLS RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract extending the provision of fire services to the City of Westover Hills for one year with the cost to Westover Hills of$128,334.00. DISCUSSION: On October 2, 1990 (M&C C-12548), the City Council executed a five-year contract, City Secretary Contract (No. 18173), to provide fire service to certain areas of the City of Westover Hills. Service provided to Westover Hills includes full fire suppression and emergency medical first responder services. The original agreement provided services for a five-year period, with an option to renew for an additional five years. The City of Westover Hills requested, and the City Council approved, renewal of the contract for the final five-year term on October 3, 1995 (M&C C-15053), City Secretary Contract (No. 21402). With the final expiration of the original contract, Westover Hills has expressed a desire to enter into a new contract with Fort Worth for fire services. In order to proceed with this request, the Fire Department must conduct a hazard potential assessment of the area of Westover Hills to be covered under the contract. The hazard potential factor determines whether the area to be covered has a greater or similar fire protection factor as the central-city of Fort Worth, and measures factors such as the types of properties in the area to be protected, transportation routes, open land, water supply, fire codes, and any special factors unique to the protection area. A new one-year contract under substantially the same terms of the original City Secretary Contract (No. 18173) is requested in order for the Fire Department to complete the hazard assessment and develop a new contract proposal for City Council consideration. This one-year contract would begin October 1, 2000, through September 30, 2001. Another contract proposal will be brought to the City Council prior to the expiration of this one-year contract. City of Fort Worth, Texas 4"Olvar And council communication DATE REFERENCE NUMBER LOG NAME PAGE 9/5/00 **C-18217 36WESTOVER 2 of 2 SUBJECT EXECUTION OF ONE-YEAR CONTRACT FOR FIRE PROTECTION WITH THE CITY OF WESTOVER HILLS FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that no funds are required for this action. The Finance Department is responsible for the collection of funds due the City under this agreement. LW:I Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) GG01 462604 0365000 $128,334.00 APPROVED Libby Watson 6183 CITY � COUNCIL (� Originating Department Head: LT 1�/ COUNCIL H.L.McMillen 6801 (from) SEP 5 M Additional Information Contact: �7Gw•al City 80 etary of the H.L.McMillen 6801 City of Fort Worth,Twos