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HomeMy WebLinkAboutContract 51159 CITY SECRETARY C7 I r)cI CONTRACT NO. INTERLOCAL AGREEMENT FOR FIRE SERVICES THIS I NTERLOCAL Agreement for Fire Services("Agreement') is entered into by and between the City of Fort Worth, a home rule municipality in the State of Texas ("Fort Worth"), acting by and through Valerie Washington, its duly authorized Assistant City Manager, and Parker County Emergency Services District No. 1 ("PCESD 1"), a political subdivision of the State of Texas providing Fire Suppression/Prevention and Rescue services across 310 square miles of Parker County, acting by and through Rena Peden, the President of its Board of Emergency Services Commissioners. Fort Worth and PCESD 1 are sometimes hereinafter referred to individually as the "Party" and collectively as the "Parties". WHEREAS, the governmental entities which are Parties to this Agreement desire to enter into an agreement concerning automatic aid and mutual aid fire services; and WHEREAS,the Texas Government Code, Chapter 791,the"Interlocal Cooperation Act,"and other applicable law, including, but not limited to Chapter 775, Texas Health & Safety Code, authorizes local government entities to enter into interlocal contracts for governmental purposes; and WHEREAS, the Texas Government Code 791.006 and Texas Health & Safety Code 775.031 specifically authorize interlocal agreements for fire services; NOW, THEREFORE, it is mutually agreed by the Parties hereto to enter into this Agreement upon the following terms: I. Services to be Performed. The services to be performed under this Agreement are as listed in Attachment A,which is attached hereto and considered apart hereof for all purposes. The services performed shall be subject to the Operating Provisions in Attachment B, which is attached hereto and considered apart hereof for all purposes. II. Costs Reimbursed. PCESD 1 and Fort Worth agree to reimburse each other for actual costs other than ordinary operating costs incurred by each other in the performance of this Agreement, or as may otherwise be required by applicable federal or state statute, law, rule, or regulation. Reimbursement shall be made on an incident-by-incident basis and shall be made subsequent to a submission of an invoice by the Party incurring costs to the other Party. Notwithstanding the above, each Party shall be responsible for all costs associated with its own equipment, including damage and breakage. The party whose jurisdiction the incident shall occur shall reimburse the responding party for all costs, including, but not limited to, labor, payroll, equipment damage or use, and any and all other expenses incurred pursuant to this Agreement after the first operational period of a response hereunder. For the purposes of this Agreement and for claims for reimbursement PM from the appropriate local, state, or federal agency or entity,the first operational period shall ?^be the first twelve(12) hours from time of dispatch. Personnel who are assigned,designated or ordered to perform duties pursuant to this Agreement, shall receive the same wage, �e��VED salary, pension, and all other compensation and rights for the performance of such duties, A� - 2 OFFICIAL EECO.6 QC 6 9 X41 s� °FCA °9r� CITY BECRITARY �Y FFT.WOIt'I'H,Tx z� wn wa including injury or death benefits, and Workmen's Compensation benefits, as though the service had been rendered within the limits of the entity where he or she is regularly employed. Moreover, all medical expenses, wage and disability payments, pension payments, insurance, damage to equipment and clothing, and expense of travel, food and lodging shall be paid by the entity in which the employee in question is regularly employed or for whom said individual volunteers, except for those payments each party is required to pay under this Agreement. III. Term of Agreement and Termination. The term of this Agreement shall be for one year beginning upon approval by both Parties and renewing automatically for additional one-year periods. Either Party may terminate this Agreement upon sixty days notice in writing to the other Party. IV. Liability. Each Party to this Agreement shall at all times be and remain legally responsible for the conduct of their respective fire department or other personnel regardless of whether such personnel were performing duties under this Agreement at the request of the requesting Party and regardless of whether such personnel were acting under the authority, direction, suggestion or orders of an officer of the requesting party. This assignment of civil liability is specifically permitted by section 791.006(a-1)of the Texas Government Code("Code")and is intended to be different than the liability otherwise assigned under section 791.006(a) of the Code. Each Party hereby waives all claims against the other Party for compensation for any loss, damage, personal injury or death occurring as a consequence of the performance of this Agreement. Each party shall only be responsible for damages, injuries,or death to its personnel while performing services under this Agreement. A party shall not be liable for benefits or any other compensation for injuries or death of the other party's personnel while performing services under this Agreement. All personnel performing service hereunder shall be deemed to be performing services when en route to, en route from or at the scene of a call or emergency. The parties agree that the act of any person or persons while fighting fires, providing rescue services, providing first response EMS services,traveling to or from any type of emergency call or emergency scene, or in any manner furnishing services in accordance with this Agreement, or any supplement thereto, shall be the act of the party performing such acts. The payment of any and all civil or other liability, including negligence, resulting from the furnishing of services under this agreement is the responsibility of the individual party performing such acts to the extent permitted by law. This shall specifically include, but not be limited to,the payment of all court costs, expenses,and attorneys'fees resulting from any such litigation. Specifically citing Texas Government Code Section 791.006 (a-1), the parties agree that, for purposes of determining civil liability for non-party claims, the act of any person or persons while fighting fires, providing rescue services, providing first response EMS services,traveling to or from any type of emergency call or emergency scene,or in any manner furnishing services in accordance with this Agreement, shall be the act of the party performing such act. It is expressly understood and agreed that this Agreement does not waive any right, immunity, or defense that would otherwise be available to a party against any claims arising from activities performed under this Agreement. It is expressly understood and agreed that, 2 in the execution of this Agreement, no party waives, nor shall be deemed hereby to waive, any right, immunity, or defense that would otherwise be available to it, its employees, volunteers, officers, commissioners, agents, or representatives against claims arising from or related to the performance of this Agreement pursuant to the Texas Tort Claims Act or other applicable state or federal statute, law, rule, or regulation. Personnel who are assigned, designated, or ordered by their governing body to perform duties pursuant to this Agreement shall receive the same wage, salary, pension, and all other compensation, benefits and rights for the performance of such duties, including injury or death benefits and Worker's Compensation benefits, as though the service had been rendered within the limits of the requesting Party where he or she is regularly employed. All wage and disability payments, pension payments, damage to equipment and clothing, medical expenses, and expenses of travel,food, and lodging or any benefits or payments to which an individual is entitled shall be paid by the Party in which the individual in question regularly provides service. All equipment used by the responding Party in carrying out this Agreement will, during the time response services are being performed, be owned, leased, or rented by such responding Party. All personnel acting on behalf of a responding Party at the request of a requesting Party will, during the time response services are being performed, be personnel of the responding Party for all purposes, including any claims for Worker's Compensation that may arise during the time such services are being rendered. At all times while equipment and personnel of the responding Party are traveling to,from, or within the geographical limits of the normal response area of the requesting Party in accordance with the terms of this Agreement, such personnel and equipment shall be deemed to be employed or used, as the case may be, in the full line and cause of duty of the responding Party. Further, such personnel shall be deemed to be engaged in a governmental function of their Party. V. Independent Contractor. Each Party shall operate under this Agreement as an independent contractor,and not as an agent, representative, servant or employee of the other. Subject to the terms of this Agreement, each Party shall have the right to control the details of its performance hereunder. VI. Notice. Unless otherwise provided herein, all notices required or permitted by this Agreement shall be made to the following addresses: City of Fort Worth City Manager's Office Attn: Valerie Washington, Assistant City Manager 200 Texas St. Ft. Worth, Texas 76102 3 Parker County Emergency Services District No. 1 Attn: Rena Peden, Board President 315 Morrow Rd Springtown TX 76082 VII. Payments. Any and all payments arising under this Agreement for the performance of governmental functions or services must be made from current revenues available to the paying Party. VIII. Compliance. Both Parties shall comply with all Federal, State and City statutes, ordinances and regulations applicable to the performance of the services under this Agreement. IX. Entire Agreement. This writing embodies the entire agreement and understanding between the Parties hereto, and there are no other agreements and understandings, oral orwritten,with reference to the subject matter hereof that are not merged herein and superseded hereby. X. Amendments. No alteration, change, modification or amendment of the terms of this Agreement shall be valid or effective unless made in writing and signed by both Parties hereto and approved by appropriate action of the governing body of each Party. XI. Waiver. No waiver of performance by either Party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants, and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. XII. Governinq Law and Venue. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement,venue for such action shall lie in state courts located in Tarrant County,Texas or Parker County,Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. XIII. Successors and Assigns. Neither Party hereto shall assign, sublet or transfer its interest herein without prior written consent of the other Party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of Fort Worth and PCESD 1 and their respective successors and permitted assigns. 4 XIV. No Third-Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of Fort Worth and PCESD 1, and any lawful successor or assign, and are not intended to create any rights, contractual or otherwise, to any other person or entity. XV. Severability. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. XVI. Force Majeure. It is expressly understood and agreed by the Parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war;civil commotion;acts of God; inclement weather; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the Party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the Party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such requirement shall be extended for a period of time equal to the period such Party was delayed. XVII. Contract Construction. The 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 must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. XVIII. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. XIX. Right to Audit. PCESD 1 agrees that Fort Worth will have the right to audit the financial and business records of PCESD 1 that relate to the services provided (collectively"Records") at any time during the Term of this Agreement and for three (3) years thereafter in order to determine compliance with this Agreement. Throughout the Term of this Agreement and for three(3) years thereafter, PCESD 1 shall make all Records available to Fort Worth at 315 Morrow Road, Springtown, Texas, 76082 following reasonable advance notice by Fort Worth and shall otherwise cooperate fully with Fort Worth during any audit. Fort Worth agrees that PCESD 1 will have the right to audit the financial and business records of Fort Worth that relate to the services provided (collectively"Records")at any time during the Term of this Agreement and for three (3) years thereafter in order to determine 5 compliance with this Agreement. Throughout the Term of this Agreement and for three(3) years thereafter, Fort Worth shall make all Records available to PCESD 1 at 200 Texas St., Fort Worth, Texas following reasonable advance notice by PCESD 1 and shall otherwise cooperate fully with PCESD 1 during any audit. Notwithstanding anything to the contrary herein, this Section XIX shall survive expiration or earlier termination of this Agreement. XX. In case one or more of the provisions contained in the Agreement shall be for any reason held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. XXI. This Agreement is made for each respective fire department as automatic assistance pursuant to Chapter 418 of the Texas Government Code, and other applicable law, and nothing in this Agreement is intended to limit the availability of benefits to each party's personnel under Chapter 615 of the Texas Government Code, as amended, and as it may be amended in the future. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] 6 Executed thisday of A.D. 201/—. r OF..FO ATTEST: !Q j. JTY OF FORT WORTH Cit Secret Valerie Washington Assistant City Manager APP OVED O FORM AND LEGA City Attorney Date: 7�' � �(3 ATT T: PCESD 1 ABy: Sec a Rena den, President �/ Board of Emergency Services Commissioners AP ROYED TO FORM: Attorney for istrict f• Date: Date: '1-10-/;q City of Fort Worth Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. 65– �-e 54�V�e�.-t �1 Name of Employee 7 OFFICIAL RECORD Circ SOCRItTARY no WORTH$TX ATTACHMENT "A" I. AUTOMATIC AID RESPONSE Explanatory note: Upon receipt of the report of an incident requiring response in their respective jurisdictions, the Fort Worth Fire Departments and PCESD 1 may normally dispatch the level of resources described in Section I.A or 1.6 below to the reported locations. For purposes of this agreement, automatic aid in the amount of resources described will be dispatched by one entity into the other entity's jurisdictional limits or ETJ, if the incident is reported in any of the geographical areas listed below. PCESD 1 is dispatched to locations in geographical areas that are associated with set "Box Alarms". Maps of the geographical areas (Box Alarms) that are covered in this agreement are attached. Also for purposes of this agreement, "reported" will be defined to mean any telephone calls into the 911 system, direct telephone calls to the fire department or radio transmissions to the fire and/or police dispatch centers. Excluded are automatic alarms, unless followed up by one of the above. A. PCESD 1: Upon notification by Fort Worth of a fire or emergency medical incident, PCESD 1 will dispatch a minimum of one Fire Company comprised of a minimum of three paid firefighters to any of the areas in Fort Worth listed below: • Walsh Ranch, generally in the area of Mapsco quadrants 761 F, G, H, K, L, M, P, Q, and R. These quadrants coincide with Parker County Box Alarm 3411 and 3408. • Lost Creek, generally in the area of MAPSCO quadrants 71 Q, 71 R, 71 U, 71 V, 71 Y, 71 Z, 72S, and 72W II. MUTUAL AID RESPONSE (non-automatic) A. Fort Worth: Calls for assistance during "working" incidents shall be given on an "as needed basis", yet shall not exceed a normal one-alarm assignment as described by the Fort Worth Fire Department. All such responses are subject to availability of personnel and equipment. Upon notification by PCESD 1 of a second alarm or greater incident, Fort Worth will dispatch a minimum of one Fire Company comprised of a minimum of three paid firefighters and one Battalion Chief to any of the areas contained in the following PCESD 1 Box Alarm list. Maps of the box alarms are attached to this agreement. • 3404 • 3405 • 3406 • 3407 • 3408 • 3409 8 • 3410 (1-20/30 Split) • 3411 (Walsh Ranch) • 3413 (City of Aledo) • 3414 (1-20 portion, north-east side is Walsh) • 3415 (City of Aledo) • 3417 (City of Aledo) B. PCESD 1: Calls for assistance during "working" incidents shall be given on an "as needed basis" by PCESD 1 and shall include one engine/quint staffed with a minimum of 3 paid firefighters. All such responses are subject to availability of personnel and equipment. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] 9 ATTACHMENT "B" Operating Provisions I. Any dispatch of equipment and personnel pursuant to this Agreement is subject to the following conditions: A. Any request for aid hereunder shall include a statement of the amount and type of equipment and number of personnel that are needed, but the amount and type of equipment and number of personnel to be furnished shall be determined by a representative of the responding party. PCESD 1 would provide a fire company staffed by certified firefighters as certified by the Texas Commission on Fire Protection. B. In areas where common jurisdictional boundaries exist, it is conceivable that accurate determination of jurisdiction may not be possible upon receipt of an alarm. In such cases, it is deemed appropriate and in the best interest of the public for the entity receiving the alarm to dispatch its forces and to notify the other affected entities of the alarm. The requested entity will respond, if able to, as conditioned by this agreement. C. In the event that the responding party is unable to respond to the request for assistance,the fire chief or designee of the responding party shall immediately notify the fire department of the requesting party that no response can be made. D. Personnel from the Fire Department of the responding party shall report to the officer in charge of the requesting party at the location to which the equipment are dispatched and shall be subject to the orders of that official. At all times the ultimate control and responsibility of the personnel from the responding party shall remain with the highest ranking fire officer from the responding party at the scene. The Command Post will be staffed by representatives from both PCESD 1 and Fort Worth so that a "Unified Command" is established. E. Personnel from the Fire Department of the responding party shall be released by the officer in charge from the requesting party when the services of the responding party are needed within the area for which it normally provides fire protection. F. A working accountability system in accordance with NFPA guidelines shall be established at every incident. G. The departments shall conduct a minimum of one joint training session and/or exercise annually. II. All equipment used by the responding Fire Department in carrying out this Agreement will,at the time of action hereunder, be owned by it. 10