HomeMy WebLinkAboutContract 40546CITY SECRETARY
CONTRACT NO. q
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 Tom Higgins, its duly authorized Assistant City Manager,
and the City of Kennedale, a home rule municipality in the State of Texas
("Kennedale"), acting by and through Bob Hart, its duly authorized City Manager. Fort
Worth and Kennedale 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.
Kennedale 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. 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 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 without penalty upon sixty days notice in writing to the
other Party.
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IV. Liability.
Each Party to this Agreement shall at all times be and remain legally responsible
for the conduct of their respective fire department employees regardless of whether
such employees were performing duties under this Agreement at the request of the
requesting City and regardless of whether such employees were acting under the
authority, direction, suggestion or orders of an officer of the requesting City. 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.
Neither Party shall be reimbursed by the other Party for costs incurred pursuant
to this Agreement, except as set forth in Section II of this Agreement. 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 City 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 City in which the
employee in question is regularly employed.
All equipment used by the responding City in carrying out this Agreement will,
during the time response services are being performed, be owned, leased, or rented by
such responding City. All employees acting on behalf of a responding City at the
request of a requesting City will, during the time response services are being performed,
be employees members of the responding City 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 City are traveling
toI from, or wn 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.
Page 2 of 8
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 Kennedale
Bob Hart, City Manager
405 Municipal Dr.
Kennedale, TX 76060
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 or written,
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.
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XII. Governing 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.
XII1. 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
Kennedale 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 Kennedale, 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 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.
Kennedale agrees that Fort Worth will have the right to audit the financial and
business records of Kennedale 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, Kennedale shall make all Records
available to Fort Worth at 405 Municipal Dr. Kennedale, Texas following
reasonable advance notice by Fort Worth and shall otherwise cooperate fully with Fort
Worth during any audit.
Fort Worth agrees that Kennedale 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 Kennedale at 1000 Throckmorton Street Fort Worth, Texas following
reasonable advance notice by Kennedale and shall otherwise cooperate fully with
Kennedale during any audit.
Notwithstanding anything to the contrary herein, this Section XIX shall survive
expiration or earlier termination of this Agreement.
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Executed this day of , A.D. 20 10
ATTEST:
City Secreta
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CITY OF FORT WORTH
By:
�. Tom Higgii s
ssistant City Manager
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APPROVED AS TE3�'f�ORM AND LEGALIT���d�" °oo�,
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City Attorney
Date: 41, (�
ATTEST: CITY OF KENNEDALE
City Secreta6 Bob Hart
City Manager
APPROVED AS TO FORM AND LEGALITY:
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City Attorney
)ate: 6 � 2 d? — fc)
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 6 of 9
ATTACHMENT "A"
I. MUTUAL AID RESPONSE
A. Fort Worth:
1. Calls for assistance during "working" structure fires 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.
2. Grass Fires —will respond with (1) brush truck or tanker
upon request. All such responses are subject to availability of
personnel and equipment.
1. Calls for assistance during "working" structure fires shall be
given on an "as needed basis" by Kennedale and shall include one
engine/quint staffed with a minimum of 3 firefighters. All such
responses are subject to availability of personnel and equipment.
Boundary of the response area shall be in that portions of
the City of Fort Worth in 2010 Mapsco coordinates:
Page 106, grid C, D, G, H, L, M, Q, and R
Page 107, grid A, B, C, E, F, G, J, K, and L
As well as the portions of the City of Fort Worth that lie within
the boundaries of:
South of David Strickland
East of Parker Henderson
North of Mansfield Highway and Ronald Reagan Memorial Highway
West of Lake Arlington
2. Grass Fires —will respond with (1) brush truck or tanker
upon request. All such responses are subject to availability of
personnel and equipment.
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ATTACHMENT
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 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 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 Kennedale 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.
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.
I'�T.Ti�t:]
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COUNCIL ACTION: Approved on 6/15/2010
DATE: Tuesday, June 15, 2010
LOG NAME: 36KENNEDALEAID
REFERENCE NO.: **C-24267
SUBJECT:
Authorize an Interlocal Agreement with the City of Kennedale 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 Kennedale for mutual aid fire protection.
DISCUSSION:
A fire mutual aid agreement 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.
Under this Agreement, upon notification by Kennedale of a "working" structure fire on an as needed basis
and if resources are available, the Fort Worth Fire Department will dispatch a one alarm assignment to
specified areas of Kennedale. Upon notification by Kennedale of a grass fire and if resources are
available, the Fort Worth Fire Department will dispatch one brush truck to specified areas of Kennedale.
Upon notification by Fort Worth of a structure fire, the Kennedale Fire Department will dispatch, if
availableI 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 Kennedale Fire
Department will dispatch one brush truck to specified areas of Fort Worth.
The terms of this Agreement include:
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 own 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; and
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
funds.
http://apps.cfwnet.org/ecouncil/printmc.asp?id=13631 &print=true&DocType=Print 7/1/2010
Page 2 of 2
FUND CENTERS:
TO Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office �:
Originating Department Head.
Additional Information Contact:
ATTACHMENTS
1. Kennedal mutual aid contract.doc (Public)
FROM Fund/Account/Centers
Tom Higgins (6192)
Rudy Jackson (6801)
Rudy Jackson (6801)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=13631 &print=true&DocType=Print 7/1/2010