HomeMy WebLinkAboutContract 55469CSC No. 55469
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF ROANOKE AND THE CITY OF FORT WORTH
FOR MUTUAL FIRE AID AND FIRE PROTECTION SERVICES
THIS INTERLOCAL 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 Valerie
Washington, its duly authorized Assistant City Manager, and the City of Roanoke, a home
rule municipality in the State of Texas ("Roanoke "), acting by and through Scott
Campbell, its duly authorized City Manager. Fort Worth and Roanoke 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 "lnterlocal
Cooperation Act," authorizes local government entities to enter into lnterlocal contracts
for governmental purposes; and
WHEREAS, the Texas Government Code Section 791.006 specifically authorizes
lnterlocal 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
automatic or mutual aid is referred to as the "Responding Party" throughout this
Agreement.
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tl. Casts Reirnbursed.
The Requesting Party agrees to reimburse the Responding Party fc�r actual casts
other than ordinary aperati�g costs incurred in performance pursuant to this Agreement.
'"Ordinary operating cc�sts°' shail mean those casts incurred in the scop� of pe�Forming
r+ormaE fire suppressic�n duties, including but not limified to fuel, mechanica! wear and tear,
persa�al proteciive equipment, ernergency medical supplies, and employee wages anc�
benefits; prouidecl, hcawever, that special fire suppression methods are not an ardinary
opera�ing eos#_
Reimbursemer�t of actua! costs to the Responding Party shali be made on an
incident-by-inciden# basis and shaii be made upon the subrnission of an inv�ice by the
Respanding Party ta the Rec�uesting Party. fVotwithstanding the above, each Party shall
be responsibfe for a1I casts associated with its own equipment, inc�uding damage and
t�reakage.
IIl. Terr� o� Aqreemeni a�d Termination.
The term of this Agre�ment shall be #or one year beginning upon the execution by
both Parties and shall automatically renew far additional one-year terms. Either Party rnay
�erminate �his Agreement, with ar without cause, upon pro�iding the other Party with sixty
(6a) days written notice.
iV. Liabiiity.
In pra�viding fire protec�ion se�ices pursuar�t to #his Agreement, each Part}r shall
be legally responsibEe for the conduct o€ their respective employees, regardiess of
w�et�er such emp�oyees are performi�g duties at the request of ar under the authority,
direc�€on, suggesiion or order af ti�e Requesting Party. T�is assignment of civil liability
is specificatly permitted �y section 791.Op6�a-1) of the Texas Governrnent CQde
�;t�a��yrr� a�� os i�yfe�ded to �e differen� than t[�e liability otherwise assigned unds�-
section 791.U06ta} d� the Cc�de. Each Pa�ty hereby waives al� clairns against the other
Par�y for compensation for aa�y €oss, c6amage, personal injury or death occurring as a
cc�nsequence of the perform�nce of tFais Agreement.
Neither Party shalS be reambursed Eay the other Party for costs incur�ed pursu,ar�t to
this Agreement, except as sefi fort�a �n Section II of this Agreeme�it. Persc�nnei who are
assigned, clesignated, ar or-clered by ti�eFr employer to per€orrn duties pursuant ta this
Agreement shaIl recsiv� the sarne wage, salary, pension, and a11 other compensation,
b�nefits and rights for the performance af such duties, including injury, death or Worker's
Compensation benefits, as thaugh the performance was rendered directly to his or hsr
regular employer.
All wage anci disability payments, pension payments, clamage to equipment anti
c[othir�g, medica3 expenses, travei expenses, including fooci and lodging, or any benefits
.f�I�
ar payments to which an employe� is entitled shai( be paid by the employee'S regular
ernp€o}rer.
AI€ equipment used by t�e Responding Party to carry out thEs Agreement sha€I,
during a Parky's response tt� a request far service, be owned, ieased, or rent�d by the
F�espar�ding Farty. Ali employees responding to a Pa�#y's request for serv�ce shal! remain
emplayees of the Responding Party during performance pursuant to this Agreement, for
a�a �urposes.
pt a(i timss while equipment and personnel of the Responc4ing Party are traveling
to, f�am, or within the geographical lir�its af the norma6 response area o# the Requesting
Party in accordance witt� the terms of this Agreement, such personnel and equipment
shall be deemed to be employed or used, as the case may be, in the fu(1 fine and cause
af duty of the Resporrding Party. Furtl�er, such personnel sha11 be deemed to be engaged
in a governmenta� function of their regular employer.
Nothing herein sha�l be constru�d to be a waiver of imm�ni�y by either Party under
�hapter iQ1 of the Texas �Ciwil Practice a�nd Remedies Code, the "Tort Claims Aci".
V. lnd�pendent C�ar�tractor.
(n perForming the duties under this Agreemenf, each Party is acting as an
%ndependent cantra�tor, and not as an agent, representativ�e, senran# or empfoyee of the
oti�er Party. Subject to #he terms of this Agreement, each Party shall have the right to
contro! the details of its performance hereunder.
VI. Notic�.
EJnless otherwise prc�Uided, all no�ices required ar permitted by �his Agreement
shafE be made to the fal�owing a�dresses:
City of Fort Worth
City �!(anager's C7ffice
Attn: Valerie 1Nashingtan, Assistant City Manager
200 Texas St.
�ort 1North, Texas 76'i Q2
'W�th a copy to:
cEty a� ��rt wo�n
Attr�: Gity Attarn�y- Christvpher Austria
20C} Texas St.
Fort iNor�h, Texas 76102
City o� Raanoke
Ci�y Manager's Office
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Attn: Scott Campbell
5(?0 Sauth Oak Street
Raanoke, Texas ?6�62
U'U'ith a copy to:
Brown & H��meister Li.P
Aktn, �efErey L. �vioore, City At�orney
740 East Campbell Road �uite 8QQ
Richardsori, Texas 75081
i/li. Pay�ments.
Any and �El payments �rising ur�der this Agreement for the performance of
gavernmental funcfiiar�s or services me�st be made from current revenues available to the
paying Party.
VIIt���. Camt�liance.
Each Party shafl cornply wit� all Federai, S#ate and City sfiatutes, ordinances and
regu6ations ap�{icable .o the performance of the services u�der this Agreement.
�}�. Entire Aqreement.
This document era�bodies the entire agreement and uraderstanding between the
Par�ies There are no ot�er agreements and ur�derstandings, oraf or written, with reference
�o the subject matter hereof that are no# merged herein and superseded hereby.
X. Amendments.
N� alteration, ci�ange, modification or amendment of the terms af this Agreemer�t
shail be valid or effectiue u�less made in writing, signed by both Part�es and approved by
the governing body oi each Par�y.
X!. Waiver.
No waiver c�f performance by either Pariy shall be canstrued or aperate as a waiver
af any s�bsequent defa�slt of any terms, covenants, and cr,nditions of this Agr-eement.
The payment ar acceptance af fees for any period after a default sfi�all no� be deemed a
wai�rer a� any right or acceptance af d�fective performance.
Xi�. Gaverr�inq La►�v ar�d Venue.
1f any action, whether real or asserted, at law or in equity, arises on the basis of
aray �rovision of this Agreement, venue for sucl� action shalf lie in state courts located in
Tarrant County, Texas or the iJnited States District Caurt for the Northern District of Texas
Pag� 4
— Fort Wor�h �ivision. This Agreement shall be governed by and canstrued in
accordance with t�e iaws of the State of Texas.
Xitl. Successors anci Assi�trrs.
Neither Party shail assign, sub[et or transfer its interes# herein withcsut #he priar
writterr consen� of the oti�e� Party. Ar�y attempted assignrnent, sublease or transfer of all
or �ny par� hereaf without such prior �Nritten consent shal{ be void. This Agreement shal!
be M�indi�g upon arrd shail inure to the bene#it of Fart WQrth and Roanoke, their respective
s�e�essars and permitted assisns.
?�CIV. No Third-Party Beneficiaries.
The provisions and conditions of this Agreement are soleiy for tF�e benefi# of Fort
Worth and Roar�ake, �nd any fau+rful successor or ass�gn, and are nat intended to create
any rights, contractual or otherwise, tc+ any other persan or entity.
XV. Severability.
(f any proVision af this Agreement shalS be i�e�d to be invaiid, illegaf or
u�enfoeceable, the val�dity, legality a�d enforceabifity of the remaining pravisians shall
not i� any way be affected or impaired.
XVi. Fo�-ce Ma�eure.
1t is expressly �anderstood and agreect by the Parkies ia this Agreement that if the
performance vf any obligations hereunder is delayed by reason af war; civi( cc�mmotion;
acts of �ad; ir�clemen# weath�r; governmental restri�tQans, reguiatians, or inter�erences;
fires� strikes; l�cka�ts, na#ional c�isasters; riots; materiaP or la�aor restrictions;
transportation problems; or any othe�- circumstances which are reasonak�iy beyond ihe
control af the Party flbligated or permitted under the terms af this Agreerr�ent to do or
per�arm the same, regardiess of whether any such circumstance is similar to any of thase
enumsrated or no�, the Party sa abligated or psrmitted shall be excused �ram doing or
per�orming the same during such period of delay, so that the time period applicable to
such requiremertt shall be exiended for a period of time equal ta the period such Party
was delayed.
XViI. Cantract Construciic�n,
The Partie� acknc�wledge tha� each Party and, if it so chooses, its cc�unsel have
reviewed and revised this Agreernent ar�d that the narmal rule o� constr�aciia� t� ihe �€fect
that any ambiguitses are ta be resalvec� against the drafting Party must �at be er�p�oyed
ir� the in�erpretatian of th�s Agreement or any amendments or exhibits hereto.
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X'��i�. Captians.
Captions and hea�ings used in this P�greement are for, regerence purpos�s only
and s�al1 r�ot be c#eem�d a part of this Agreement.
X1X. R,iqi�t to Audit.
Roanoke agrees that Fort Warth has the right to audit the financial and business
recc�rds of Roanake that relate to the services provided (caflectivePy "Rec�rds") af any
fir�te during the Term o€ this Agre�rnent ac�d for three (3} years therea�ter #o determine
comp�iance with this Agreement. Throughout the Term of this Agreement and for three
(3) yea�s t�ereafter, Roa�oke shal! make all Records available to Fort Warth at �0� South
Oak Street Raanoke, Texas 762�2 following reasor�able advance notice by Fort Wflrth
�nd shail atheru�+ise coo�erat� fu[ly with F�rt Worth during any audit.
Fo� Worth agrees that Roanoke has the right to audit the financial and business
records c+f Fort Worth tha� relate to the services provided (coilectivefy "l�ecards") at any
time during the Term of this Ag�e�ment and fo� three (3} years thereafter in order io
determine compliance with this Agreement. Throughout the Term of this Agreernent and
for thre� �3} years thereafter, Fort Worth shall make all Records available tt� Roanake at
'C ODa Thrflckenorton Street, Fort WortF�, Texas following reasvnabie advance notice by
Roanoke and �ha{I othenrvise cooperate fully with Roanake durir�g any a�dit.
hiatwithstanding any#hing to t�e contrary herein, this Section X�X shafl survive
expiration or termination of this Agreement.
�THE REMAIND�R (�F THIS �"A4�E ES INT�NTI�NALL'x'' LEFT BLANK.]
Page 6
Executed this ___ day of ________ , 2021.
AGREED TO AND ACCEPTED BY:
CITY OF FORT WORTH
Valerie Washington
Assistant City Manager
CONTRACT COMPLIANCE MANAGER:
....... .....,,,, Mark Rauscher (Mar 24, 202112:22 CDT)
Name: Mark Rauscher
Title: Assistant Fire Director
APPROVED AS TO FORM AND LEGALITY: ATTEST:
c/2,.� Audrta-
Christ<>pherAstria(Mar 24, 202114:35 CDT)
Assistant City Attorney
Christopher Austria
ATTEST:
By:
APPROVED AS TO FORM AND LEGALITY:
Page 7
Mary Kayser
City Secretary
ATTACHIVIENT "A"
�`�
ATTACHNIENT "A"
MUTUAL A!� RESP'+ONSE
A. Response by Roanolce:
1. Calls for assistance d�ring "working" str�cture fires shall be given on
an "as needed basis" by Roanoke and shall include one enginelquint
sta�Fed with a minimum of 3 firefighters. All such respanses by
Roanake are subjec� to the availability of Roanoke personnel and
�q�ipment.
2. Raanake shall respond with fire engine upc�n a Fort Worth reques#
ior assistance during fires. All such responses by Roanoke are
subject to ti�e ava�lability of Raanoke personnel and equipment.
3. The bour�dary af the respanse aeea sha11 be in those areas of Fort
Worth identified in the map attached as "Exhibit A" in this agreement.
�. Rcoa�oke sl�alf respond to Fo�t Vklarth requests for assistance during
emerg�ncy medical incidents an an "as naeded bas�s" and shall
inciude one engine. A!I such responses by Roanoke are subject to
the availabifity of Roanvke persannef and equipmer�t.
B. Response by Fort LNorth:
1. Fflrt Workh respanse to Raanake requests for assistance shal� be
limited ta Roanoke city iirnits.
2. For� UVorth shall respond to Raanoke requesis far assistance during
"working" structure fires on an "as needed basis", yet shai! nat
exceed a normal one-alarm assignment as described by the Fork
Worth Fire Qepartment. AI[ such respanses by Fort 1JU'orth are subject
�o the availability of Fort Worth personnel and e�uipment.
3. �ork Worth shali respond wifih (1) brush truck or tanker t�pon a
Rr�ar�oke request for assistance during grass f'rres. A!1 such
res�onses by Fort L�Uc�rth are subject to the availabiiity of Fort Wort�
personnel and equipr�ent.
4. Fort Vi/arth shall respond to a Roar�oke request for �ssistance khat
�equires "specialized" training, including a: Hazard �na#erials team,
swi�t waterluncierwafer rescue team, high/low angle rescue team,
trench rescue team, and heavy rescue team.
Page 9
5. �or� 1Norkh response to a Rt�anake req�aest for assistance durir�g
smergency medical incidents shall be given �n an "as needed basis"'
by Fo�t Worih and shall include one enginelquint. A(I such responses
by Fort Worth are subject ta the availability a# Fort Worth personnel
and equipment.
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ATT,�kCHMENT "E3"
C?PERATING PRl7VISlOf��
i. Any dispatch of equipment and personrtel pursuant to th�s Agreement, by either
Party, is s�tbject to the follauving conditians:
A. A Party's request for aid shalE include a statement af the amount and iype
of equiprne�t �nd number of personnel fhat are needed, but the amo�nt and
type of equipmen# and number of persannel ia be furnished shalf be
de�ermined by a representative af #he Responding Party. The Part�es shail
pravide a fire company staffed by certi�ied firefighters as certified by the
Texas Comrnission on �ire Protection.
B. En areas where common jurisdictianal boundaries exist, it is canceiva�fe that
acct�rat�: determinatian of jurisdiction may not be possible upon receipt of
an af�rm. In such cases, bath Parties deem thak it is appropriate and an the
best interest of the public for the Party receiving the alarm to dispatch its
forces and ta notify the any other affected entities of the alarrn. The
Responding Party will respond, if able to, as cor�ditianed by this Agreement.
C. Ir� the �vent that the Responding Party is unable tc, respand to the
Requesting Party's req�aest far assistance, the fire chief or desi�nee af the
Responding �'arty sha[1 �mmediatefy nc�tify t�e fire department af the
Requesting Par�y that no respo�s� can be provided.
D. Personne6 from the fire department o€ the �esponding Party shall rep�rt t�
tfi�e officer in charge of th�; Requesting Party at the location to which the
eq�ipment is dispatched and shalf be subject ta the arders of that o�ficial.
At afl tim�s, t�e ultimate control and responsibility of the pers4nnel #rom the
Responding Pa�ky sha91 remain with the highest ranking fire afficer from the
Responding Party at the scene. The Cc�mrnand Post will be staffed i�y
represer�fatives from both Partiss so that a"Unified Command`" is
estab[ished.
E. Personnel from the fire department of the Responding Party s�all be
released by the afficer in charge of the Requesting Party when the services
of t�e i�esponding parky are rteeded within the area for which if r�armaily
provides fire protectian services.
F. A workir�g accountability system in accordance with NFPA guidelines shall
be establis�ed at every incident.
G. The departme�ts shall conduct a rr�inimum of one jaint training session
andlor exercise anc�ually_
Page '� 1
1E. AlD equipment used by the Respanding Party's fire department in carrying out thcs
Agreement will, at the time of performance hereunder, be owned, leased or rented
by the Responding Party.
Page �2
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all perfonnance and reporting requirements.
lark Rauscher _..._....,_
/ Mark Rauscher (Mar 28, 202121:41 CDT)
Name of Employee/Signature
Assistant Fire Director
Title
□This form is N/ A as No City Funds are associated with this Contract
Printed Name Signature