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HomeMy WebLinkAboutContract 40105CITy- SFCRETARV CONTRACT NO 1k) 1U5 IN I ERLOCAL AGREEMENT BETWEEN FORT WORTH INDEPENDENT SCHOOL DISTRICT AIN THE cCi7CY OF FORT WORTH This INTERLOCAL AGREEMENT is made and entered into by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas, located within Tarrant, Denton, Parker, and Wise Counties, Texas (hereinafter referred to as "City") and the BOARD OF TRUSTEES of the FORT WORTH INDEPENDENT SCHOOL DISTRICT, a political subdivision of the State of Texas and a legally constituted Independent School District located within Tarrant County, Texas, (hereinafter referred to as 'FWISD"). RECITALS The City and FWISD hereby agree that the following statements are true and correct and constitute the basis upon which the City and FWISD have entered into this Agreement: WHEREAS, this Agreement is made under the authority granted by pursuant to Chapter 791 of the Texas Government Code; and WHEREAS, the City of Fort Worth desires to participate and join with other local governments in a cooperative interlocal agreement ("Agreement") for the purpose of fulfilling and implementing their respective public and government purposes, needs, objectives, programs, functions and services; and WHEREAS, each governing body, in performing government functions or in paying for the performance of government functions hereunder, shall make the performance that performance or those payments from current revenues legally available to that party; and, ` WHEREAS, each governing body finds that the subject of this Agreement is necessary for the benefit of the public and that each has the legal authority to perform and to provide the government function or service which is the subject of this Agreement; and WHEREAS, each governing body finds that the performance of this Agreement is in the common interest of both parties and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, the City Council for Fort Worth and the Fort Worth Independent School District Board of Trustees have determined that the Wilkerson-Greines Activity Center ("Wilkerson-Greines"), located at 5201 C.A. Roberson St., Fort Worth, Texas, will be used -as a "Shelter Hub", in support of shelter operations in this area during a local OFRl Clay Tnterlocal Agreement Between Fort Worth Independent School District and the City Of Fort Worth Page 1 of 8 state of disaster or a local state of emergency, civil or otherwise, as well as during any continuations or renewals thereof; and WHEREAS, the City Council of Fort Worth and the Fort Worth Independent School District Board of Trustees have also determined that the Farrington Field facility, Jack Billingsley Field House ("Farrington Field"), located at 1400 Foch St., Fort Worth, Texas, may be used as an alternate location for the "Shelter Hub" in the event Wilkerson- Greines cannot be used; and WHEREAS, the City Council of Fort Worth and the Fort Worth Independent School District Board of Trustees agree that making these facilities available as a Shelter Hub will be in the best interest of the City, FWISD, Tarrant County and other municipal parties in this area; ' NOW THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: SECTION 1 PURPOSE 1.01 The purpose of this Agreement is to allow the City to utilize Wilkerson-Greines or Farrington Field as a Shelter Hub in the event of a large scale evacuation in some other area that causes a large number of evacuees to come into this area. In an event such as this, it is essential that the evacuees be distributed as fairly as possible throughout the area to prevent particular hardship on certain communities. SECTION 2 TERM AND TERMINATION 2.01 This Agreement becomes effective when the last party to this Agreement signs it. The term of this Agreement will be fora period of one-year and it will automatically renew for five (5) one (1) year periods, for a total of six years. 2.02 This Agreement may be terminated by the City immediately for certain Homeland Security alerts, as provided by Section 9 herein; otherwise, it may be cancelled by either party at any time, with or without cause, by giving thirty (30) days written notice to the other party, as further provided by Section 7 herein. SECTION 3 DISASTER OR EMERGENCY 3.01 FWISD agrees that it will make the Shelter Hub available to the City when the City, in its sole discretion, declares a local state of disaster or a local state of emergency, civil or otherwise ("disaster" or "emergency"), exists, as well as during any continuations or renewals thereof. OFFUA� RECORD Interlocal Aaxeement Between Fort Worth Independent School District and the City Of Fort Worth Page 2 of 8 SECTION 4 OBLIGATIONS OF PARTIES 4.01 Each governing body paying for the performance of government functions hereunder shall make those payments from current revenues legally available to that party. 4.02 At all times during this Agreement, FWISD agrees to: A. Keep Wilkerson -Grimes or Farrington Field in operational awareness in preparation of the activation of this Agreement. B. Provide the following: a. Maintenance personnel for the facility. b. Access to the internet (wireless or hardwire). c. In house security for access control to facility and command center. d. A facility point of contact and contact information. e. An individual to work in the Shelter Hub command post with decision - making ability. C. Seek reimbursement from any applicable governmental entity to pay for costs incurred for use of the Shelter Hub facility during the activation of this Agreement, with the exception of those costs agreed to by the City for use of the Shelter Hub facility. D. Grant the City the right to gain access to and enter the facility for the purpose set under the terms and conditions of this Agreement. Such grant of access is not a waiver of liability under this Agreement, including Section 4.03. E. Be responsible for the acts and negligence of its officials, officers, agents, employees or volunteers, to the extent allowed under local, state, or federal law. 4.03 At all times during this Agreement, the City agrees to: A. Give FWISD as much advance notice as practicable for the need to use the Shelter Hub facility in accordance with this Agreement. B. Occupy and maintain operational control of the Shelter Hub facility during the activation of this Agreement. C. Maintain security over the parking area and the Shelter Hub facility. D. Supply and arrange for materials, equipment, supervision, and personnel necessary for staffing, security, crowd control and other tasks except as described in Section 4.02. E. Be responsible for the acts and negligence of its officials, officers, agents, employees or volunteers, to the extent allowed under local, state, or federal law. (The remainder of this page is intentionally left blank.) Interlocal Agreement Between Fort Worth Independent School District and the City Of Fort Worth OFFIDIAI_ REIrORD CITY SECRETARY FTWOPTHi, Tat Page 3 of 8 SECTION n INDEPENDENT CONTRACTOR 5.01 FWISD shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of the City. FWISD shall have the exclusive control of, and the exclusive right to control the obligations designated to the FWISD to be performed hereunder, and all persons performing the same, and shall be solely responsible for the acts and omissions of its officers, members, agents and employees. The City shall not be responsible under the Doctrine of Respondeat Superior for the acts and omissions of FWISD, its officers, members, agents, employees, or assigns.. 5.02 The City shall operate .hereunder as an independent contractor and not as an officer, agent, servant or employee of the FWISD. The City shall have exclusive control of, and exclusive right to control the obligations designated to the City to be performed hereunder, and all persons performing the same, and shall be solely responsible for the acts and omissions of its officers, members, agents, and employees. FWISD shall not be responsible under the Doctrine of Respondeat Superior for acts and omissions of the City, its officers, members, agents, employees, or assigns. SECTION 6 CLAIMS, WAIVER OF IMMUNITY 6.01 FWISD and the City agree to notify the other promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death or damages related to this Agreement. FWISD and the City agree to make its officers, agents, and employee -is available at all reasonable times for any statements and case preparation necessary for the defense of any claims or litigation for which the other party may be responsible hereunder. 6.02 Nothing herein shall be deemed to constitute a waiver of any immunity or affirmative defense, which may be asserted by FWISD or the City as to any claim of any third party. 6.03 Nothing herein shall be construed in any manner, to create a cause of action for the benefit of any person not a party to this Agreement, or to create any rights for the benefit of any person not a party to this Agreement not otherwise existing at law. 6.04 No provision of this agreement shall operate or be construed as a waiver by either party of any immunity from liability which it has or could be asserted under the doctrine of governmental immunity or any other immunity which it has under law. (The remainder of this page is intentionally. deft blank.) Oc C He Interlocal Agreement Between Fort Worth Independent � _,�.r� � School District and the City Of Fort Worth Page 4 of 8 SECTION 7 NOTICES 7.01 Any notice provided for or permitted under this Agreement shall be made in writing and may be given or served by (i) delivering the same in person to the parry to be notified, or (ii) depositing the same in the mail, postage prepaid, certified with return receipt requested, and addressed to the party to be notified, or (iii) sending by telecopy, with a copy thereof sent by registered mail on the same day. If notice is deposited in the mail pursuant to (ii) or (iii) of this Section, it will be effective upon receipt or refusal. For the purpose of notice, the addresses of the parties are, until changed as provided below, as follows: Citv City of Fort Worth Emergency Management Office 1000 Throckmorton Street Fort Worth, TX 76102 Tel.: 817.392.6170 FWISD: Fort Worth Independent School District Office of Emergency Preparedness 100 N. University Drive Fort Worth, TX 76107 TeL: 817.871.3104 7.02 However, the parties may from time to time change their respective addresses, and each shall have the right to specify as its address any other address upon at least ten days written notice to the other party, as described in Section 7.01. 7.03 In the event of a disaster or an emergency, as defined in Section 3, immediate contact to each party shall be by telephone or cellular phone with a follow-up in writing to the parties' addresses identified in 7.01. SECTION 8 FORCE MAJEURE 8.01 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 restriction, 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 circumstances is similar to any or 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 design or construction requirement shall be extended for a period of time equal to the period such party was delayed. (The remainder of this page is intentionally left blank.) Interlocal Agreement Between Fort Worth Independent FT aJV�.�s-; School District and the City Of Fort Worth Page 5 of 8 SECTION 9 HOMELAND SECURITY 9.01 If the United States Department of Homeland Security issues a Level Orange or Level Red Alert, the City, in its sole discretion, may terminate the Agreement effective immediately by telephoning FWISD at the telephone number listed in Section 7.01 and by sending written notice to FWISD when circumstances allow. SECTION 10 NONDISCRIMINATION 10.01 The City and FWISD, agree that in the execution, performance, or attempted performance of this agreement, they will not discriminate against any person or persons because of race, age, gender, religion, color, sexual orientation, national origin, or disability. SECTION 11 WAIVER OF DEFAULT 11.01 No .waiver by the parties hereto of any default or breach or the failure to insist upon the performance of any term, condition, provisions or covenant of this Agreement shall be deemed to be a waiver or relinquishment to any extent of any other breach of the sae or any other term, condition, provisi mon, or covenant contained herein or the right of the parties to assert or rely upon any such term. SECTION 12 APPLICABLE LAW 12.01 This Agreement shall be construed in accordance with the laws of the State of Texas. 12.02 Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or non-performance of this contract and agreement, venue for said action shall lie in City of Fort Worth, Texas or the Federal Court of the Northern District of the State of Texas. SECTION 13 SOLE AGREEMENT 13.01 This written instrument and any attached exhibits constitutes the entire agreement by the parties hereto concerning the work and services to be preformed and any prior or contemporaneous, oral or written agreement, which purports to vary form the terms hereof, shall be void. (The remainder of this page is intentionally left blank.) OFFICIAL V Interlocal Agreement Between Fort Worth Independent CITY SERE TARP Page 6 of 8 School District and the City Of Fort Worth FTs W0j-e a H, T.X SECTION 14 SUCCESSORS AND ASSIGNS 14.01 The CITY and FWISD shall not assign or otherwise transfer its rights and obligations under this Agreement except with prior written consent of the other parry, and any prohibited assignment or transfer shall be null and void. SECTION 15 AMENDMENT 15.01 Except as stated in Sections 2.02 and 9.01 and as otherwise specifically provided in this Agreement, no amendment, modification or alteration of the terms hereof shall be binding unless the same is in writing, dated subsequent to the date hereof and duly executed by the parties hereto. SECTION 16 PARTIES BOUND 16.01 This Agreement shall be binding upon the successors and assigns of both parties in like manner as upon the original parties. SECTION 17 SEVERABILITY OF PROVISIONS 17.01 If any of the provisions contained in this Agreement shall be held, for any reason, to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability, shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. SECTION 18 SECTION HEADINGS 18.01 The. headings in this Agreement are inserted for reference only, and shall not define or limit the provisions hereof. SECTION 19 SIGNATURE AUTHORITY 19.01 The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed duplicate counterparts of the Agreement and any attachments and exhibits, each of which shall be considered an original. [Signatures are on the following page.] OFFICIA.i %aCOIz[ � Interlocal Agreement Between Fort Worth Independent CITY SECRE` AF. School District and the City Of Fort Worth Page 7 of 8 FT 4�',��17i}.I �' CITY OF FORT WORTH DALE A. FISSELER, P.E. City Manager Date signed ATTEST: APPROVED AS TO FORM AND LEGALITY: Sr. Assistant City Attorney M&C No. C-23789 Contract No. nD W 5 FORT WORTH INDEPENDENT SCHOOLMSTRICT By: .DICKERSON Board of Trustees Date signed ATTEST: By: By: Board of Trustees ROVED AS TO FORM AND OFFiCtA! RECORD CITY SECRETARY FTg WORTH, TX Interlocal A�xeement Between Fort Worth Independent School District and the City Of Fort Worth I'.�• a .� M&C Review Page 1 of 1 COUNCIL ACTION: Approved on 9/22/2009 DATE: 9/22/2009 REFERENCE C-23789 LOG NAME: NO.. CODE: C TYPE: NON- PUBLIC CONSENT HEARING: Official site of the City oP t=ort 4'Vorth, Texas F(lftT 4'�OR'T11 02FWISD\WGAGREE NO SUBJECT: Authorize the Execution of an Interlocal Agreement with the Fort Worth Independent School District to Use the Wilkerson-Greines Activity Center or the Farrington Field Facility as a Shelter Hub RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement with the Fort Worth Independent School District to use the Wilkerson-Greines Activity Center or the Farrington Field facility as a shelter hub. DISCUSSION: The Fort Worth/Tarrant County area has been identified as one of the main reception sites in the event of a large scale evacuation, such as a hurricane evacuation from the Gulf Coast. A shelter hub is a specific address in the host city where evacuees report. They are then registered and directed to a specific shelter. Under the Interlocal Agreement, the City will use Fort Worth Independent School District's Wilkerson- Greines Activity Center as the primary shelter hub and the Farrington Field facility as the alternate shelter hub. The Wilkerson-Greines Activity Center was used as a shelter hub for evacuees during Hurricanes Gustav and Ike. The Agreement is for a one year period. It automatically renews for five additional one year periods, for a total of six years. Each party will pay their own costs and seek reimbursement from the Federal Emergency Management Agency and/or the requesting governmental entity. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: ATTACHMENTS FROM Fund/Account/Centers Thomas Higgins (6192) Juan Ortiz (6173) Calvin Brown (2835) http://apps.cfwnet.org/council�acket/mc_review.asp?ID=10324&councildate=9/22/2009 4/22/2010