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HomeMy WebLinkAboutContract 42163are 8ECRETARY CONTRACT Wa � 1 � g -t IN1ii-,1V-?&OCAL AGREEMENT BETWEEN THE CITY OF SAGINAW AND THE CITY OF FORT WORTH FOR MUTUAL FIRE AID AND FIRE PROTECTION SERVICES THIS ICI T I=RLOCAL Agreement for Mutual Fire Aid and Fire Protection 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 Charles Daniels, its duly authorized Assistant City Manager, and the City of Saginaw, a home rule municipality in the State of Texas ("Saginaw"), acting by and through Nan Stanford, its duly authorized City Manager. Fort Worth and Saginaw may be referred to individually as the "Party", "Responding Party" or "Requesting Party" and collectively as the "Parties" throughout this Agreement. 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 Section 791.006 specifically authorizes interlocal agreements for fire aid and services; and WHEREAS, the governmental entities that are Parties to this Agreement desire to enter into an agreement concerning mutual aid fire services on an as requested basis; and WHEREAS, each Party, in performing governmental functions or in funding the performance of governmental functions, shall make that performance or those payments from current revenues legally available to that Party; and WHEREAS, each Party finds that the performance of this Agreement is in the common interest of both Parties, that the undertaking will benefit the public interest and that the division of costs fairly compensates the performing Party for the services or functions under this Agreement. NOW, THEREFORE, for the mutual promises and consideration set forth herein, the Parties agree as follows: I. Services to be Performed. The services to be performed under this Agreement are as listed in Attachment "A", which is attached hereto and incorporated by reference. The services performed shall be subject to the Operating Provisions in Attachment "B", which is attached hereto and incorporated by reference. The Party requesting automatic or mutual aid is referred to as the "Requesting Party" while the Party responding to the other Party's request for OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX Page 1 08-19-1 1 PO4 : 34 IN automatic or mutual aid is referred to as the "Responding Party" throughout this Agreement. II. Costs Reimbursed. The Requesting Party agrees to reimburse the Responding Party for actual costs other than ordinary operating costs incurred in performance pursuant to 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 of actual costs to the Responding Party shall be made on an incident -by -incident basis and shall be made upon the submission of an invoice by the Responding Party to the Requesting 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 the execution by both Parties and shall automatically renew for additional one-year terms Either Party may terminate this Agreement, with or without cause, upon providing the other Party with sixty (60) days written notice. IV. Liability. In providing fire protection services pursuant to this Agreement, each Party shall be legally responsible for the conduct of their respective employees, regardless of whether such employees are performing duties at the request of or under the authority, direction, suggestion or order of the Requesting Party. This assignment of civil Lability 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 employer 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, death or Worker's Compensation benefits, as though the performance was rendered directly to his or her regular employer. Page 2 All wage and disability payments, pension payments, damage to equipment and clothing, medical expenses, travel expenses, including food and lodging or any benefits or payments to which an employee is entitled shall be paid by the employee's regular employer. All equipment used by the Responding Party to carry out this Agreement shall, during a Party s response to a request for service, be owned, leased, or rented by the Responding Party. All employees responding to a Party's request for service shall remain employees of the Responding Party during performance pursuant to this Agreement, for all purposes. 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 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 regular employer. Nothing herein shall be construed to be a waiver of immunity by either Party under Chapter 101 of the Texas Civil Practice and Remedies Code, the "Tort Claims Act". V. Independent Contractor. In performing the duties under this Agreement, each Party is acting as an independent contractor, and not as an agent, representative, servant or employee of the other Party. 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, 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, City Manager 1000 Throckmorton St Fort Worth, Texas 76102 With a copy to: City of Fort Worth Attn: City Attorney 1000 Throckmorton Fort Worth, Texas 76102 Page 3 City of Saginaw City Manager's Office Attn: Nan Stanford P 0 Box 79070 S aginaw, Texas 76179 ✓ II. 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. Each Party 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 document embodies the entire agreement and understanding between the Parties 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, signed by both Parties and approved by the governing body of each Party. XI. Waiver. No waiver of performance by either Party shall be construed 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. 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 Page 4 Texas — Fort Worth Division. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. XIII. Successors and Assigns. Neither Party shall assign, sublet or transfer its interest herein without the prior written consent of the other Party. 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 Saginaw, 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 Saginaw 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. Page 5 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. Saginaw agrees that Fort Worth has the right to audit the financial and business records of Saginaw that relate to the services provided (collectively `Records') at any time during the Term of this Agreement and for three (3) years thereafter to determine compliance with this Agreement Throughout the Term of this Agreement and for three (3) years thereafter, Saginaw shall make all Records available to Fort Worth at 333 West McLeroy Boulevard, Saginaw, Texas following reasonable advance notice by Fort Worth and shall otherwise cooperate fully with Fort Worth during any audit. Fort Worth agrees that Saginaw has 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 Saginaw at 1000 Throckmorton Street, Fort Worth, Texas following reasonable advance notice by Saginaw and shall otherwise cooperate fully with Saginaw during any audit. Notwithstanding anything to the contrary herein, this Section XIX shall survive expiration or termination of this Agreement. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] Page 6 Executed this ATTES T : (.4 City Secretal day of et* P1 .:6 �a 9 APPROVED AS TO FO ?ANtD`t . titrin(ley ity ert Date: g ATTEST: City Se) etiort_c_c_ rotary B y : ,OEM 0t9t' A iTr V‘??? r°°00C 411111 th P ecr By: APPROVED AS TO FORM AND LEGALITY: City Date: or ICI ,2011. CITY OF FORT WORTH tharles Daniels Assistant City Manager a-ST� ,. .-- 't .moms-i•..n.�..,tr Contras Dat 1 Au ::,hor i z at i oa CITY OF SAG I NAW Nan Stanford City Manager OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX Page 7 ATTACHMENT "A" MUTUAL AID RESPONSE A. Response by Saginaw: 1. Calls for assistance during "working" structure fires shall be given on an "as needed basis" by Saginaw and shall include one engine/quint staffed with a minimum of 3 firefighters. All such responses by Saginaw are subject to the availability of Saginaw personnel and equipment. 2. Saginaw shall respond with (1) brush truck or tanker upon a Fort Worth request for assistance during grass fires. All such responses by Saginaw are subject to the availability of Saginaw personnel and equipment. 3. The boundary of the response area shall be in those areas of Fort Worth in 2011 Mapsco "Fort Worth" pages: 18, 19, 20, 32, 33, 34, 47, and 48. 4. Saginaw shall respond to Fort Worth requests for assistance during emergency medical incidents on an "as needed basis" and shall include one engine/quint. All such responses by Saginaw are subject to the availability of Saginaw personnel and equipment. B. Response by Fort Worth: 1. Fort Worth response to Saginaw requests for assistance shall be limited to Saginaw city limits. 2. Fort Worth shall respond to Saginaw requests for assistance during 'working' structure fires 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 by Fort Worth are subject to the availability of Fort Worth personnel and equipment. 3. Fort Worth shall respond with (1) brush truck or tanker upon a Saginaw request for assistance during grass fires. All such responses by Fort Worth are subject to the availability of Fort Worth personnel and equipment. Fort Worth shall respond to a Saginaw request for assistance that requires 'specialized" training, including a: Hazard materials team, Page 8 swift water/underwater rescue team, high/low angle rescue team, trench rescue team, and heavy rescue team. 5. Fort Worth response to a Saginaw request for assistance during emergency medical incidents shall be given on an "as needed basis" by Fort Worth and shall include one engine/quint. All such responses by Fort Worth are subject to the availability of Fort Worth personnel and equipment. Page 9 ATTACHMENT "B" OPERATING PROVISIONS I. Any dispatch of equipment and personnel pursuant to this Agreement, by either Party, is subject to the following conditions: A. A Party's request for aid 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. The Parties shall 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 both Parties deem that it is appropriate and in the best interest of the public for the Party receiving the alarm to dispatch its forces and to notify the any other affected entities of the alarm. The Responding Party will respond, if able to, as conditioned by this Agreement. In the event that the Responding Party is unable to respond to the Requesting Party's 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 provided. 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 is 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 Parties 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 of the Requesting Party when the services of the Responding party are needed within the area for which it normally provides fire protection services. F A working accountability system in accordance with NFPA guidelines shall be established at every incident. Page 10 The departments shall conduct a minimum of one joint training session and/or exercise annually. II. All equipment used by the Responding Party's fire department in carrying out this Agreement will, at the time of performance hereunder, be owned, leased or rented by the Responding Party. Page 11 M&C Review Page 1 of 1 CITY COUNCIL AGENDA COUNCIL ACTION: Approved on 8/9/2011 DATE: 8/9/2011 REFERENCE NO.. CODE: C TYPE: Official site of the City of Fort Worth, Texas FORT WORTH **C-25098 LOG NAME: 36SAGINAWMUTUALAID CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Mutual Aid Agreement with the City of Saginaw to Respond to Requests for Assistance with Fire Protection and First Responder Requests on Medical Incidents for the Protection of Life and Property (COUNCIL DISTRICTS 2 and 7) - a RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute the attached Mutual Aid Agreement with the City of Saginaw. DISCUSSION: Neighboring fire departments often enter into Mutual/Automatic Aid Agreements to augment emergency response resources at major incidents to gain emergency response in difficult to cover areas within a jurisdiction. The City of Saginaw and the Fort Worth Fire Department desire a Mutual Aid Agreement to make suitable arrangements for furnishing assistance in providing fire suppression and medical assistance. The Agreement is authorized pursuant to Chapter 791, Texas Government Code (Interlocal Cooperation Act). The purpose is to allow cooperation and assistance in fire suppression on working structure fires and grass fires along with requests for first responder on medical incidents for the protection of health, life and property. The Agreement would allow for better coordination of effort, would provide that adequate equipment and manpower is available, and would help ensure that mutual aid is accomplished in the minimum time possible. The project is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers. FROM Fund/Account/Centers Submitted for City Manaaer's Office by: Charles Daniels (6199) Oriainatina Department Head: Rudy Jackson (6801) Additional Information Contact: Rudy Jackson (6801) ATTACHMENTS Interlocal Agreement Ft Worth (Mutual Fire Emergency Aid with Exhibits) 7-8-11 LG.doc http://apps.cfwnet.org/council_packet/mc_review. asp?ID=15644&councildate=8/9/2011 8/23 /2011