HomeMy WebLinkAboutContract 55606CSC No. 55606
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF AZLE 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
Washingt on, its duly authorized Assistant City Manager, and the City of Azle, a home
rule municipality in the State of Texas ("Azle"), acting by and through Tom Muir, its duly
authorized City Manager. Fort Worth and Azle 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
ILA for Fire Department -City of Fort Worth and Azle Page 1
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 Aqreement 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. Liabiiity.
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
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 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.
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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 Party 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. fndependent 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: Valerie Washington, Assistant City Manager
200 Texas St.
Fort Worth, Texas 76102
With a copy to:
City of Fort Worth
Attn: Christopher Austria - Assistant City Attorney
200 Texas St.
Fort Worth, Texas 76102
ILA for Fire Department — City of Fort Worth and Azle Page 3
City of Azle
City Manager's Office
Attn: Tom Muir
505 West Main Street
Azle, Texas 76020
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. Comp[iance.
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 Aqreement.
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. Go�erninq 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 governed by and construed in
accordance with the laws of the State of Texas.
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XIII. Successors and Assiqns.
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 Azle, 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 Azle, and any lawful successor or assign, and are not intended to create any
rights, contractual or otherwise, to any other person or entity.
XV. Se�erability.
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.
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XIX. Right to Audit.
Azle agrees that Fort Worth has the right to audit the financial and business
records of Azle 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, Azle shall make all Records available to Fort Worth at 505 West
Main Street Azle, Texas 76020 following reasonable advance notice by Fort Worth and
shall otherwise cooperate fully with Fort Worth during any audit.
Fort Worth agrees that Azle 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 Azle at
1000 Throckmorton Street, Fort Worth, Texas following reasonable advance notice by
Azle and shall otherwise cooperate fully with Azle 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.]
ILA for Fire Department — City of Fort Worth and Azle Page 6
AGREED TO AND ACCEPTED BY:
CITY OF FORT WORTH
Valerie Washington
Assistant City Manager
CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract,
including
ensuring all performance and reporting requirements. ,.,.....-,., Mark Rauscher (Apr 13, 202122:38 CDT)
Name: Mark RauscherTitle: Assistant Fire Director APPROVED AS TO FORM AND LEGALITY: ATTEST:
ChrisfooherAusfriq Christopher Austria (Apr 16, 202110:55 CDT)
Assistant City Attorney
Christopher Austria
CITY OF AZLE
To �ir
City Manager
APPROVED AS TO FORM AND LEGALITY:
Date: ---------------
ILA for Fire Department -City of Fort Worth and Azle
Mary Kayser
City Secretary
ATTEST:
Page 7
EXHIBIT A
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ILA for Fire Department — City of Fort Worth and Azle Page 8
ATTACHMENT "A"
MUTUAL AID RESPONSE
A. Response by Azle:
1. Calls for assistance during "working" structure fires shall be given
on an "as needed basis" by Azle and shall include one engine/quint
staffed with a minimum of 3 firefighters. All such responses by Azle
are subject to the availability of Azle personnel and equipment.
2. Azle shall respond with fire engine upon a Fort Worth request for
assistance during fires. All such responses by Azle are subject to
the availability of Azle personnel and equipment.
3. The boundary of the response area shall be in those areas
identified in EXHIBIT A for Azle responses into Fort Worth.
4. Azle shall respond to Fort Worth requests for assistance during
emergency medical incidents on an "as needed basis" and shall
include one engine. All such responses by Azle are subject to the
availability of Azle personnel and equipment.
B. Response by Fort Worth:
1. Fort Worth response to Azle requests for assistance shall be limited
to Azle city limits.
2. Fort Worth shall respond to Azle 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 an
Azle request for assistance during grass fires. All such responses
by Fort Worth are subject to the availability of Fort Worth personnel
and equipment.
4. Fort Worth shall respond to an Azle request for assistance that
requires "specialized" training, including a: Hazardous materials
team, swift water/underwater rescue team, high/low angle rescue
team, trench rescue team and heavy rescue team.
ILA for Fire Department — City of Fort Worth and Azle Page 9
5. Fort Worth response to a Azle 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.
ILA for Fire Department — City of Fort Worth and Azle Page 10
ATTACHMENT "B"
OPERATING PROVISIONS
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.
C. 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.
ILA for Fire Department — City of Fort Worth and Azle Page 11
G. The departments shall conduct a minimum of one joint training session
and/or exercise annually.
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.
ILA for Fire Department — City of Fort Worth and Azle Page 12
M&C Review
A CITY COUNCIL AGEND
DATE: 2/16/2021 REFERENCE
NO..
CODE: C TYPE
**M&C 21- LOG NAME:
0104
Page 1 of 2
Official site of the City of Fort Worth, Texas
FORT��'ORTH
_�_
36AZLE MUTUAL AID FIRE
SERVICES
PUBLIC
CONSENT HEARING: NO
SUBJECT: (ALL) Authorize Execution of an Interlocal Agreement Concerning Mutual Aid Fire
Services with the City of Azle
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Interlocal Agreement
concerning mutual aid fire services with the City of Azle.
DISCUSSION:
The City of Azle (Azle) desires an Interlocal Agreement (Agreement) with the City of Fort Worth (Fort
Worth) for mutual aid fire services. The Agreement is authorized pursuant to Chapter 791, Texas
Government Code (Interlocal Cooperation Act). Neighboring fire departments often enter into mutual
aid agreements to augment emergency response resources at major incidents or to gain emergency
response efficiencies in areas where adjacent jurisdiction resources are located in close proximity.
Under the terms of the Agreement, Fort Worth's response will be limited to assistance within Azle city
limits and may include response on an as-needed basis to working structure fires, emergency
medical incidents, grass fire incidents, and certain hazardous material or technical rescue
situations. Azle's response to Fort Worth may include response on an as-needed basis to working
structure fires, emergency medical incidents, and grass fire incidents. Response from both cities shall
be subject to the availability of personnel and equipment.
Azle and Fort Worth will be 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. Both cities agree to
reimburse each other for actual costs other than ordinary operating costs incurred by each other in
the performance of this Agreement, except that both cities shall be responsible for all costs
associated with their own equipment, including damage and breakage. Reimbursement shall be
made on an incident-by-incident basis.
This Agreement is consistent with the other mutual aid agreements between Fort Worth and adjoining
jurisdictions for fire services.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as
previously appropriated, of the General Fund to support the approval of the above recommendation
and execution of the Agreement. The Fire Department (and Financial Management Services) is
responsible for the collection and deposit of funds due to the City.
Fund Department I Account Project Program Activity Budget I Reference # I Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
http://apps.cfwnet.org/council�acket/mc review.asp?ID=28656&councildate=2/16/2021 4/21/2021
M&C Review
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Valerie Washington (6199)
Jim Davis (6801)
Mark Rauscher (6803)
Page 2 of 2
http://apps.cfwnet.org/council�acket/mc review.asp?ID=28656&councildate=2/16/2021 4/21/2021