HomeMy WebLinkAboutContract 57239 Attachment 1
CSC No.57239
INTERLOCAL AGREEMENT BETWEEN
THE TOWN OF FLOWER MOUND 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 Town of Flower Mound,
a home rule municipality in the State of Texas ("Flower Mound"), acting by and through
Derek France, its duly authorized Mayor. Fort Worth and Flower Mound 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
automatic or mutual aid is referred to as the "Responding Party" throughout this
Agreement.
ILA-City of Flower Mound Page 1
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
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. Liabliltv.
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.
All wage and disability payments, pension payments, damage to equipment and
clothing, medical expenses, travel expenses, including food and lodging, or any benefits
ILA-City of Flower Mound Page 2
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 Parry's response to a request for service, be owned, leased, or rented by the
Responding Party.All employees responding to a Parry'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 Parry 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: Assistant City Manager- Fire
200 Texas Street
Fort Worth, Texas 76102
With a copy to:
City of Fort Worth City Attorney's Office
200 Texas Street
Fort Worth, Texas 76102
Town of Flower Mound
Attn: Town Secretary's Office
ILA-City of Flower Mound Page 3
2121 Cross Timbers Road
Flower Mound, Texas 75028
With a copy to:
Flower Mound Fire Department
Attn: Division Chief/Administration Brandon Barth
3911 South Broadway Ave.
Flower Mound, Texas 75028
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.
Vill. 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 forthe 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.
ILA-City of Flower Mound Page 4
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 Flower Mound, 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 Flower Mound, 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.
ILA-City of Flower Mound Page 5
XIX. Right to Audit.
Flower Mound agrees that Fort Worth has the right to audit the financial and
business records of Flower Mound 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, Flower Mound shall make all Records
available to Fort Worth at 2121 Cross Timbers Road, Flower Mound, Texas 75028
following reasonable advance notice by Fort Worth and shall otherwise cooperate fully
with Fort Worth during any audit.
Fort Worth agrees that Flower Mound 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 Flower
Mound at 200 Texas Street, Fort Worth, Texas following reasonable advance notice by
Flower Mound and shall otherwise cooperate fully with Flower Mound 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-City of Flower Mound Page 6
Executed this day of , 2022.
ATTEST: CITY OF FORT WORTH
ae;o'"
J ette S.Goodall(Mar 14,2022 11 CDT) 4�.04R�n�Il
A h
City Secretary a F F�..k d
�y Do° °OOO� ValerieWashington(Mar11,202217:28CST)
Ronald Gonzales 01. °o9�dd
Acting City Secretary ��o o=° Valerie Washington
�° °°o ,mod Assistant City Manager
da��nEXASo'�p
APPROVED AS TO FORM AND LEGALITY: MarkR usc/her(M ar 9,202212:54 CST)
Assistant Fire Director
Assistant City Attorney- Christopher Austria J s Davis(Mar 9,202213:29 CST)
M&C: 22-0034 Fire Chief
1295: N/A
Date: Mar9,2022
ATTEST: TORN ER MOUND
i
By: --�----
Theresa Scott Derek r nce
Town Secretary Mayor
Date: M kY'L —7 0 d-GI
Page 7
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
ATTACHMENT "A"
MUTUAL AID RESPONSE
A. Response by Flower Mound:
1. Calls for assistance during "working"structure fires shall be given on
an "as needed basis"by Flower Mound and shall include one engine
staffed with a minimum of 3 firefighters.All such responses by Flower
Mound are subject to the availability of Flower Mound personnel and
equipment.
2. Flower Mound shall respond with fire engine/and or brush unit upon
a Fort Worth request for assistance during fires. All such responses
by Flower Mound are subject to the availability of Flower Mound
personnel and equipment.
3. The boundary of the response area shall be in those areas of Fort
Worth in the map attached to this Agreement as Exhibit"1".
4. Flower Mound shall respond to Fort Worth requests for assistance
during emergency medical incidents on an "as needed basis" and
shall include one Advanced Life Support engine/truck. All such
responses by Flower Mound are subject to the availability of Flower
Mound personnel and equipment.
B. Response by Fort Worth:
1. Fort Worth response to Flower Mound requests for assistance shall
be limited to Flower Mound Town limits.
2. Fort Worth shall respond to Flower Mound 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 to a Flower Mound request for assistance
that requires "specialized" training, including a: Hazard materials
team, swift water/underwater rescue team, high/low angle rescue
team, trench rescue team, and heavy rescue team.
4. Fort Worth response to a Flower Mound 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
ILA-City of Flower Mound page 8
responses by Fort Worth are subject to the availability of Fort Worth
personnel and equipment.
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.
C. In the event that the Responding Parry is unable to respond to the
Requesting Parry's request for assistance, the fire chief or designee of the
Responding Party shall immediately notify the fire department of the
Requesting Parry 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-City of Flower Mound Page 9
G. The departments shall conduct a minimum of one joint training session
and/or exercise annually.
11. 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-City of Flower Mound Page 10
EXHIBIT 1
w
,�l l ,
4tom ..
LTiA
r .--,
Fat WOO SWWM
1— _ Pmm mm"Smms
'��� ran wam ary UM
HOW Nam ply Um
ILA-City of Flower Mound page 11
M&C Review Page 1 of 2
Official site of the City of Foit Woith,Texas
CITY COUNCIL AGENDA FORTIVORT11
Create New From This M&C
DATE: 1/11/2022 REFERENCE **M&C 22- LOG NAME: 36MUTUAL AID FLOWER
NO.: 0034 MOUND
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Execution of an Interlocal Agreement Concerning Mutual Aid Fire
Services with the City of Flower Mound
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Interlocal Agreement
concerning mutual aid fire services with the City of Flower Mound.
DISCUSSION:
The City of Flower Mound (Flower Mound) 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 Flower
Mound 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. Flower Mound'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.
Flower Mound 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.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=29586&councildate=I/11/2022 3/9/2022
M&C Review Page 2 of 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by: Valerie Washington (6199)
Originating Department Head: Jim Davis (6801)
Additional Information Contact: Mark Rauscher(6803)
ATTACHMENTS
36MUTUAL AID FLOWER MOUND FID table.xlsx (CFW Internal)
36MUTUAL AID FLOWER MOUND funds availability.docx (CFW Internal)
Flower Mound Mutual Aid Agreement 102121.docx (CFW Internal)
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=29586&councildate=I/11/2022 3/9/2022