HomeMy WebLinkAboutContract 40547INTERLOCAL 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 Tom Higgins, its duly authorized
Assistant City Manager, and the City of Richland Hills, a home rule municipality
in the State of Texas ("Richland Hills"), acting by and through James Quin, its
July authorized City Manager. Fort Worth and Richland Hills 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 mutual aid fire services on an as
requested basis; 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 a part hereof for all
purposes. The services performed shall be subject to the Operating Provisions in
Attachment B, which is attached hereto and considered a part hereof for all
purposes.
II. Costs Reimbursed.
Richland Hills 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. "Ordinary operating costs" shall mean those costs incurred in the
scope of performing normal fire suppression duties, including but not limited to
fuel, mechanical wear and tear, Personal Protective Equipment, Emergency
Medical Supplies, and employee wages and benefits; provided, however, that
special fire suppression methods are not an ordinary operating cost.
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
U�-07-1 0 PO4 � 32 I N
At all times while equipment and personnel of the responding City are
traveling to, from, or within the geographical limits of the normal response area of
the requesting City 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 City. Further, such
personnel shall be deemed to be engaged in a governmental function of their
City.
Nothing herein shall be construed to be a waiver of immunity under the
Texas Tort Claims Act by either 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: Tom Higgins, Assistant City Manager
1000 Throckmorton St.
Ft. Worth, Texas 76102
City of Richland Hills
City Manager's Office
Attn: James Quin
3200 Diana Dr
Richland Hills, Texas 76118
VI1. 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.
VI11, 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.
V. 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 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, 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.
Richland Hills agrees that Fort Worth will have the right to audit the
financial and business records of Richland Hills 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, Richland Hills shall make all Records available to Fort Worth at 3200
Diana Dr. Richland Hills, Texas following reasonable advance notice by Fort
Worth and shall otherwise cooperate fully with Fort Worth during any audit.
Executed this _ .{i� day of ILAAD. 20 JD
ATTEST:
City Secretary
APPROVED AS:T.
ATTEST:
ity Secretary
iaatiAa
;)^0 10
APPRO ED TO FORM AND LEGAL
✓t'j'ln, '
City Attorney
Date: 6 `/3 °r /fib
By:
�ITY OF FORT WORTH
Tom Higginsl/�
Assistant City Manager
CITY OF Richland Hills
C, liUlll
Manager
OFFICIAL ETARY
CITY SECR
FT, WORTH, TX
ATTACHMENT "B"
Operating 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. The Parties 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 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.
D. Personnel from the Fire Department of the responding city shall
report to the officer in charge %J 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 Richland Hills and Fort Worth so that a "Unified Command" is
established.
E. 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.
F. A working accountability system in accordance with NFPA
guidelines shall be established at every incident.
Page 1 of 2
City of Fort Worth, Texas
• • • •i 11a •
COUNCIL ACTION: Approved on 6/22/2010
DATE: Tuesday, June 22, 2010
LOG NAME: 36RICHLANDHILLSAID
REFERENCE NO.: C-24297
SUBJECT:
Authorize the Execution of an Interlocal Agreement with the City of Richland Hills for Mutual Aid Fire
Protection
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a one year Interlocal
Agreement with automatic one year renewals with the City of Richland Hills for mutual aid fire protection.
DISCUSSION:
Mutual Aid is an agreement between two or more government entities for their fire departments to respond
to formal requests for assistance under specified conditions.
Neighboring fire departments often enter into mutual aid agreements to augment emergency response
resources at major incidents or to gain emergency response in difficult to cover areas within a jurisdiction.
Mutual Aid
Under the Agreement, upon notification by the City of Richland Hills (Richland Hills) of a "working"
structure fire and if resources are available, the Fort Worth Fire Department will dispatch a one alarm
assignment to specified areas of Richland Hills. Upon notification by Richland Hills of a grass fire and if
resources are available, the Fort Worth Fire Department will dispatch one brush truck to specified areas of
Richland Hills.
Upon notification by Fort Worth of a structure fire, the Richland Hills Fire Department will dispatch, if
available, one fire company comprised of a minimum of three paid fire fighters to specified- areas of Fort
Worth. Upon notification by Fort Worth of a grass fire and if resources are available, the Richland Hills Fire
Department will dispatch one brush truck to specified areas of Fort Worth.
The terms of this Agreement include:
1. The term is one year, beginning when both parties have signed the Agreement and renewing
automatically for additional one year periods;
2. Either party may terminate the Agreement upon a 60 day written notice given to the other party;
3. Each party will be responsible for any civil liability arising from the conduct of its own employees as
limited by the Texas Torts Claim Act;
4. Each party shall be solely responsible for any and all benefits applicable to its own employees; and
5. Each party agrees to reimburse the other party for actual expenses, other than personnel and ordinary
operating costs, incurred in performing mutual aid.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
http://apps.cfwnet.org/ecouncil/printmc.asp?id=13660&print=true&DocType=Print 7/1/2010
Page 2 of 2
funds.
FUND CENTERS:
TO Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
1. Richland Hills contract.doc (Public)
FROM Fund/Account/Cemers
Tom Higgins (6192)
Rudy Jackson (6801)
Rudy Jackson (6801)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=13660&print=true&DocType=Print 7/1/2010