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Home My WebLink AboutContract 34110` _.. -�..� kyE� y [� �� I 4 � ��! & s �',�' � �s� I � "�' ` �%' ` __. _ INTERLOCAL AGREEMENT FOR FIRE SERVICES THIS INTERLOCAL 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, Joe Paniagua, its duly authorized Assistant City Manager, and the City of Benbrook, a home rule municipality in the State of Texas, acting by and through Jerry Dittrich, its duly authorized Mayor. 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," authorizes local government entities to enter into interlocal contracts for governmental purposes; and WHEREAS, the Texas Government Code 791.006 specifically authorizes 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. Benbrook and Fort Worth agree to reimburse each other for actual costs otherthan ordinary operating costs incurred by each other in the performance of this Agreement. 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. III. Term of Aqreement 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 periodse Either party may terminate this /�greement upon sixty days notice in writing to the other party. IV. Liabilitv. Pursuant to Texas Government Code section 791.006(a-1), the parties ta this inter-local agreernent hereby assign liability for any civil liability that arises from the furnishing �f services under this agreernent as follows: To the extent that immunity from suit is waived by the Texas Tort Claims Act, each party ,,r� _,,,: a��;:,�..I= "t��v1�+1 ��1'� l�U ��i� ��(� �' �� , �'��, ��'�. shall be solely responsible for any civil liability arising from the conduct of its own employees. Each party shall be solely responsible for any and all benefits applicable to its own employees, including but not limited to wage, salary, pension, worker's compensation, disability, and medical expenses. The assignment of liability provided by this Agreement is intended to be different than liability otherwise assigned under Texas Government Code section 791.006(a) which provides that the governmental unit that would have been responsible for furnishing the services in the absence of the contract is responsible for any civil liability that arises from the furnishing of those services. 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: Joe Paniagua, Assistant City Manager 1000 Throckmorton St. Ft. Worth, Texas 76102 City of Benbrook Attn: Tommy Davis, Fire Chief 528 Mercedes Street Benbrook, TX 76126 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 Aqreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral orwrittere, with reference to the subject matter hereof that are not merged herein and superseded hereby. � �. _ _ _ �V� � � 7 � � ^y .- r, � v _( V u� � k6V�%�:1�1 �ii� �� %��I �, ��u��, ��. 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 the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. XIII. Successors and Assiqns. 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 Benbrook and their respective successors and permitted assigns. XIV. No Third-Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of Fort Worth and Benbrook, and any lawful successor or assign, and are not intended to create any rights, contractual or otherwise, to any other person or entity. XV. Severabilitv. 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 Maieure. 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, V"(��\,�� f:c 3.,_ �1i'�r ��?� !'1��'��, �% ��, ��t, 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 design or construction 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. Riqht to Audit. Benbrook agrees that Fort Worth will have the right to audit the financial and business records of Benbrook 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, Benbrook shall make all Records available to Fort Worth at 1000 Throckmorton Street, Fort Worth, Texas or at another location in the City of Fort Worth acceptable to both parties following reasonable advance notice by Fort Worth and shall otherwise cooperate fully with Fort Worth during any audit. Fort Worth agrees that Benbrook 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 compliance with this Agreement. Throughout the Term of this Agreement and for three (3) years thereafter, Fort Worth shall make all Records available to Benbrook at 911 Winscott Road, Benbrook, Texas or at another location in the City of Benbrook acceptable to both parties following reasonable advance notice by Benbrook and shall otherwise cooperate fully with Benbrook during any audit. Notwithstanding anything to the contrary herein, this Section XIX shall survive expiration or earlier termination of this Agreement. [THE REMAINDER OF THIS PAGE IS INTENTIONP�LLY LEFT BLANK.] �� 'r�! �..= J,=. � �:� �; ., . ,4 k +�i�1i ��;1°�� f. ��i�, Y��, Executed this �� day of , A.D. 2�/� "�-.'.� ATTEST: `�' / �� , APPROVED AS TO FORM AND LEGALITY: , f ; �il �i ��':,' ' �t��%f�il/��; City Attorney "'� �� { ; v, ,'� ; 'r r �,',� Date: � � �� , (�� .;a,�,�,� R. r� �.�,..� �., _�.�,,.----_, ,`_°},;`it�:e��c�. .e�u�,�ac� � z�`t��>� .�„�.�.4�l.�.�. _ ��:� ATTEST: .�..-- � — Joan a ng City Secretary Date: CITY OF FQRT By: �- � Joe Pani� Assistant an CITY OF BENBROOK H , �� By: i . C;�.i,-t , - `, Mayor ;]eri'y Dittricfi Date: � - C� - c� �: ii��di � ,'.I n�';S N::f�p i. v �� u'�� 1:-. � '��:5LT1:i �: ��'r ? �I% ��; �� . �� , ��. ATTACHMENT "A" AUTOMATIC AID RESPONSE Explanatory note: Upon receipt of the report of an incident requiring response in their own respective cities, the Fort Worth Fire Department will normally dispatch a one-alarm assignment to the reported location. A one-alarm assignment includes, on average, two engine companies, one ladder company, and one battalion chief. The Benbrook Fire Department will, if available, dispatch one fire company comprised of a minimum of three paid firefighters to the reported location. For purposes of this Agreement, automatic aid in the amount of resources described will be dispatched by one city into the other city's jurisdictional limits or ETJ, if the incident is reported in any of the geographical areas listed below. A. Benbrook: Upon notification by Fort Worth of a structure fire or emergency medical incident, the Benbrook Fire Department will, if available, dispatch one fire company comprised of a minimum of three paid firefighters to any of the areas in Fort 1North listed below: • Skyline Ranch, generally in the area of Mapsco quadrants 86 K, L, M, P, Q, R. MUTUAL AID RESPONSE (non-automatic) A. Fort Worth: Upon notification by Benbrook of a structure fire the Fort Worth Fire Department will dispatch a one-alarm assignment to the specified areas in Benbrook listed as Mapsco quadrants: 88 A, B, C, E, F, G 73 Q, S, T, U, X, Y yn , D��5' n� t;i(,; �, � � � -, -- v, ��,JJ=: f.�L,;��:� � �li� ��1 � �1. i��, ��. ATTACHMENT "B" Operatinq Provisions 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 city. Benbrook would provide a fire company staffed by certified firefighters as certified by the Texas Commission on Fire Protection. B. In the event that the responding city is unable to respond to the request for assistance, the fire chief or designee of the responding city shall immediately notify the fire department of the requesting city that no response can be made. C. Personnel from the Fire Department of the responding city shall report to the officer in charge of the requesting city 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 city shall remain with the highest ranking fire officer from the responding city at the scene. The Command Post will be staffed by representatives from both Benbrook and Fort Worth so that a"Unified Command" is established. D. Personnel from the Fire Department of the responding city shall be released by the officer in charge from the requesting city when the services of the responding city are needed within the area for which it normally provides fire protection. E. A working accountability system in accordance with NFPA guidelines shall be established at every incident. F. The departments shall conduct a minimum of one joint training session and/or exercise annually. All equipment used by the responding Fire Department in carrying out this Agreement will, at the time of action hereunder, be owned by it. i 7 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/3/2006 DATE: Tuesday, October 03, 2006 LOG NAME: 36BENBROOKAID REFERENCE NO.: C-21751 SUBJECT: Authorization to Enter into an Agreement with the City of Benbrook for Automatic and Mutual Aid Fire Protection , z.,.��:� ��.��. . ��,.�. _ �_.,� .__ .._: �.,.� _ . �� .��.��,. ..�..r Y,,�.�� RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a one year agreement with automatic one year renewal with the City of Benbrook for automatic and mutual aid fire protection. DISCUSSION: Mutual aid is an agreement between two or more cities for their fire departments to respond to formal requests for assistance under specified conditions. Automatic aid is an agreement between two or more cities where, upon notification from a requesting city, participating communities will automatically respond with fire department resources based on a pre-determined level of assistance. Neighboring fire departments often enter into automatic or mutual aid agreements to augment emergency response resources at major incidents or to gain emergency response in difficult-to-cover areas within a jurisdiction. Automatic Aid Response Under the Agreement, upon notification by Fort Worth of a structure fire or emergency medical incident, the Benbrook Fire Department will dispatch, if available, one fire company comprised of a minimum of three paid fire fighters to specified areas of Fort Worth. Mutual Aid Under the Agreement, upon notification by Benbrook and if resources are available, the Fort Worth Fire Department will dispatch a one-alarm assignment to specified areas of Benbrook. Under the terms of this Agreement: The term is one year, beginning when both parties have signed the Agreement and renewing automatically for additional one-year periods; Either party may terminate the Agreement upon a 60-day written notice given to the other party; Each party will be responsible for any civil liability arising from the conduct of its employees as limited by the Texas Torts Claim Act. Each party shall be solely responsible for any and all benefits applicable to its own employees. Logname: SSSPINKS RAMP Page 1 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this Agreement will have no material effect on City funds TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers Joe Paniagua (6575) Hugo Esparza (6849) Hugo Esparza (6849) Logname: SSSPINKS RAMP Page 2 of 2