HomeMy WebLinkAboutContract 57432 CSC No.57432
STATE OF TEXAS §
COUNTY OF TARRANT §
INTERLOCAL AGREEMENT BETWEEN
CITY OF FORT WORTH AND LAKE WORTH
This Interlocal Agreement("Agreement") is made between the City of Fort Worth ("Fort
Worth"), a home-rule municipal corporation of the State of Texas, and the City of Lake Worth, a
home rule municipality in the State of Texas ("Lake Worth"), acting by and through Stacy
Almond, its duly authorized City Manager. Fort Worth and Lake Worth may be referred to
individually as a"Party"and collectively referred to as the"Parties."
WHEREAS, the Texas State Legislature has authorized the fort-nation of interlocal
cooperating contracts between and among governmental entities; and
WHEREAS, this Agreement is made under the authority granted by and pursuant to
Chapter 791 of the Texas Government Code which authorizes Fort Worth and Lake Worth to
enter into this Agreement for purposes of providing a governmental function or service that each
Patty to the contract is authorized to perform individually;
WHEREAS, Fort Worth and Lake Worth previously entered into a Interlocal Agreement
(CSC No, 53872), where Fort Worth agreed to provide various dispatching services to Lake
Worth including the installation of specific hardware;
WHEREAS, Lake Worth now seeks additional services from Fort Worth related to
station alerting and locution services;
WHEREAS, Fort Worth and Lake Worth desire to enter into this Agreement to detail
the terms of the Station Alerting Project("Station Alerting Project");
WHEREAS, the governing bodies of Fort Worth and Lake Worth find that this
Agreement is necessary for the benefit of the public and the performance of this Agreement is in
the common interest of both Patties;
WHEREAS, the governing bodies of Fort Worth and Lake Worth have authorized
entering into this Agreement; and
WHEREAS, the governing bodies of Fort Worth and Lake Worth, in paying for the
performance of governmental functions or in performing such governmental functions, shall
make payments only from current revenues legally available to such Party.
NOW THERE-FORE, IN CONSIDERATION of the mutual promises and agreements
contained herein,the Parties do hereby agree as follows:
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Interlocal Agreement Page I of 9
I. Purpose. The purpose of this Agreement is to incorporate dispatching services for
Lake Worth into Fort Worth's Public Safety Answering Point (PSAP) for all calls related to fire
protection, emergency medical, and rescue services. Furthermore, this Agreement is to
incorporate station alerting hardware and support. Doing so will increase efficiencies, reduce
call transfer times between agencies, reduce dispatch delays due to cellular calls, begin a
regionalization and consolidation approach to dispatching, and enhance cooperation with
adjacent municipalities.
2. Fort Worth's Responsibility.
A. Services. On behalf of Lake Worth, Fort Worth will provide 24 hours/7 days a
week support for Locution systems installed at Lake Worth and this will be based
on normal on-call processes for Fort Worth. Service Level Agreements ("SLA")
will also be within normal Fort Worth operating procedures. Locution support
will be provided on an as needed basis.
B. Standards. Fort Worth shall notify Lake Worth of all standards adopted and
revised for GIS data, run card information, and hardware and software
requirements for radios, telephones,public address systems, and mobile clients.
C. Agency Liaison. Fort Worth agrees to designate a representative (and an
alternate) who will act as the authorized liaison to Lake Worth for purposes of
data sharing, notification of GIS data changes, run card information, and other
information as required by Fort Worth. That representative shall be identified by
name, business address,primary and emergency telephone and facsimile numbers,
and email address,provided to the Fire Chief or Agency Liaison for Lake Worth,
D. Records. Fort Worth will maintain all call logs and records related to the
dispatching for Lake Worth. At any time, Lake Worth may request additional
statistical information, recordings, printouts, or other data that Fort Worth
maintains in relation to this Agreement.
If Fort Worth is required by law to release data or other records involving agents
or employees of Lake Worth in relation to this Agreement, or incidents occurring
within the boundaries of the Lake Worth in relation to this Agreement,Fort Worth
agrees to notify the Lake Worth as applicable of such disclosure prior to such
release. Such requests shall be honored in accordance with Fort Worth's open
records policy and the laws of the State of Texas.
E. Equipment. Fort Worth will provide equipment to Lake Worth under its current
vendor contracts and will be responsible for the installation, repair, programming,
and maintenance of all equipment, including but not limited to: Mobile Data
Computers (MDC's), Cradlepoints, antennas, docking stations, swivel mounts,
and air cards from the vendor designated by Fort Worth's telephones, radios,
mobile clients, and public address systems. Fort Worth will also work with Lake
hiterlocal Agreement Page 2 of 9
Worth in partnering on the purchase of equipment related to Locution Station
Alerting including those items outlined in Attachment B.
F. Invoicing. In accordance with Attachment "A" — Dispatching Project Costs and
Attachment "B", Fort Worth will invoice Lake Worth for the "one-time" costs
prior to the project getting underway. The reoccurring "annual" costs will be
invoiced by Fort Worth as a separate line item each year, and then the cost/run fee
of $30/run will be invoiced on a quarterly basis and will be accompanied with
monthly run-volume totals so that Lake Worth can validate before remitting
payment. The cost/run fee of$30/run could be slightly adjusted in future years to
account for inflation; however, any changes will be reviewed with Lake Worth in
advance for their concurrence, The City of Fort Worth will invoice Lake Worth
$70 an hour, the parts needed plus 10% of the parts, If the call is after hours, the
charge is time and half with a minimum of a two-hour charge.
G. Stakeholder Group. Fort Worth shall establish a stakeholder group with the goal
of continuous quality improvement and support.
H. Review. Fort Worth will investigate and complete a report to Lake Worth on any
complaints/concerns that arise either internally or externally related to this
Agreement.
3. Lake Worth's Responsibilities.
A. Agency Liaison. Lake Worth agree to designate a representative (and an
alternate)who will act as the authorized liaison to Fort Worth for purposes of data
sharing, notification of GIS data changes, run card information, and other
information as required by Fort Worth. That representative shall be identified by
name, business address,primary and emergency telephone and facsimile numbers,
and email address at Foil Worth's Emergency Communications Center,
B. Agency Contacts. Lake Worth will provide Fort Worth with a list of persons to
be called or notified and the specific incidents or circumstances in which those
calls and notifications are to be made.
C. Data. Lake Worth will provide Fort Worth with infrastructure data including but
not limited to address, building, emergency data, and water supply information.
Lake Worth will also provide Fort Worth with a listing of resource amounts and
types, apparatus, equipment, staffing levels, and special conditions, e.g. is an
engine and medic either/or, and responsive levels required by call type. All data
shall be current and in a format that is compatible with Fort Worth's databases.
D. Requests for Information. Lake Worth agrees to forward any public information
requests for dispatch specific records or recordings to Fort Worth, Such requests
Interlocal Agreement Page 3 of 9
will be honored in accordance with Fort Worth's open records policy and the laws
of the State of Texas.
E. Equipment. Lake Worth shall be solely responsible for notifying Fort Worth of
any maintenance, support, or repair needs associated with the equipment noted in
Section 2.E. above. Lake Worth will maintain current-life device that can be
vendor-supported,
F. Payment. In accordance with Attachment "A" — Dispatching Project Costs and
Attachment"B" Station Altering Costs, Lake Worth will pay the "one-time" costs
upfront prior to the project getting underway and then be allowed to annually pay
the reoccurring "annual" costs associated with the equipment and
maintenance/support activities. The reoccurring "annual" costs will be invoiced
by Fort Worth as a separate line item each year, and then the cost/run fee of
$30/run will be invoiced on a quarterly basis. In accordance with Attachment"B"
— Station Alerting Costs, Lake Worth will pay the support costs on a monthly
basis, once installs have taken place and the systems are functional,
G. Stakeholder Group. Lake Worth shall participate in a stakeholder group which
shall be established by the Fort Worth Fire Alarm Office in coordination with
Lake Worth. The goal of the group will be continuous quality improvement and
support.
H. Grant Support. Lake Worth shall provide support for any grants related to the
communication center or radio communication system.
1. Alert Notification System. Lake Worth shall maintain the alert notification
system to be used; however, it is understood that dispatching will occur over the
existing radio system until such time that Fort Worth upgrades its current alerting
system. Lake Worth will maintain a support agreement with Locution and allow
Fort Worth to call on their behalf.
4. Term and Termination. This Agreement shall begin upon the date executed by the
Assistant City Manager for Fort Worth below and shall continue in full force and effect unless
terminated. Either party to this Agreement may terminate this Agreement at any time and for
any reason by providing thirty (30) days written notice to the other party or pursuant to other
provisions within this Agreement.
5. Immunity. It is expressly understood and agreed that in the execution of this
Agreement, no party waives nor &II be deemed hereby to waive any immunity or defense that
would otherwise be available to it against claims arising in the exercise of governmental powers
and functions.
6. Assignment. None of the Parties shall have the right to assign or subcontract any
of its duties, obligations or rights under this Agreement without the prior written consent of any
of the other Parties.
Interlocal Agreement Page 4 of 4
7. Governing Law and Venue. This Agreement shall be construed in accordance
with the laws of the State of Texas. Venue for any action brought on the basis of this Agreement
shall lie exclusively in state courts located in Tarrant County, Texas or the United States District
Court for the Northern District of Texas — Fort Worth Division. In any such action, each party
shall pay its own attorneys' fees, court costs and other expenses incurred as a result of the action.
8. Remedies. No right or remedy granted herein or reserved to the parties is
exclusive of any other right or remedy herein by law or equity provided or permitted; but each
shall be cumulative of every other right or remedy given hereunder.No covenant or condition of
this Agreement may be waived without written consent of the parties. Forbearance or indulgence
by either party shall not constitute a waiver of any covenant or condition to be performed
pursuant to this Agreement.
9. Severabili1y. If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the
remaining provisions shall not in any way be affected or impaired.
10. Applicable Law. This Agreement is entered into subject to the Interlocal
Cooperation Act, the governing charters and ordinances of Fort Worth and Lake Worth, as they
may be amended from time to time, and is subject to and is to be construed, governed and
enforced under all applicable Texas and Federal law.
11, Entire Agreement. This Agreement contains the entire understanding and
agreement between Fort Worth and Lake Worth as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent in
conflict with this Agreement.
12. Signature Authority. The person signing this Agreement hereby warrants that he
or she has the legal authority to execute this agreement on behalf of the respective party, and that
such binding authority has been granted by proper order, resolution, ordinance or other
authorization of the entity. The other party is fully entitled to rely on this warranty and
representation in entering into this Agreement.
13. 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. Additionally, nothing herein shall be
construed as the creation of a partnership or joint enterprise between Fort Worth and Lake
Worth.
14, No Waiver. The failure of either party to insist upon the performance of any
provision or condition of this Agreement or to exercise any right granted herein shall not
constitute a waiver of that party's right to insist upon appropriate performance or to assert any
such right on any future occasion.
Interlocal Agreement Page 5 of 9
15. Non-Appropriation of Funds. Fort Worth and Lake Worth will use best efforts to
appropriate sufficient funds to support obligations under this Agreement. However, in the event
that sufficient funds are not appropriated by either party's governing body, and as a result, that
party is unable to fulfill its obligations under this Agreement, that party (i) shall promptly notify
the other party in writing and (ii) may terminate this Agreement, effective as of the last day for
which sufficient funds have been appropriated.
16. Right to Audit. Each Party agrees that any of the other Parties shall, until the
expiration of three (3) years after termination of this Agreement, have access to and the right to
examine at reasonable times any directly pertinent books, documents, papers, records, and
communications involving transactions relating to this Agreement at no additional cost. Each
Party shall have access during normal working hours to all necessary facilities and shall be
provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. An auditing Patty shall give the audited Party reasonable advance
notice of intended audits.
17. Liability.Nothing in the performance of this Agreement shall impose any liability
for claims against Fort Worth and Lake Worth other than claims for which liability may be
imposed by the Texas Tort Claims Act.
18. Amendments. No amendment to this Agreement shall be binding upon either
party hereto unless such amendment is set forth in writing, and signed by both parties.
19. Force Majeure. The parties shall exercise their best efforts to meet their respective
duties and obligations hereunder, but shall not be held liable for any delay in or omission of
performance due to force majeure or other causes beyond their reasonable control, including, but
not limited to, compliance with any state or federal law or regulation, acts of God, fires, strikes,
lockouts, national disasters, wars, riots, material or labor restrictions, transportation problems or
existing contractual obligations directly related to the subject matter of this Agreement.
20. Notice. Notices required pursuant to the provisions of this Agreement shall be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its
agents, employees, servants or representatives or (2) received by the other party by United States
Mail, registered, return receipt requested, addressed as follows:
To Fort Worth: To Lake Worth:
City of Fort Worth City of Lake Worth
Attn:Assistant City Manager City Manager Stacey Almond
200 Texas Street 3805 Adam Grubb
Fort Worth,TX 76102-6314 Lake Worth,TX 76135
With copy to Fort Worth City Attorney's Office at
same address
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
Interlocal Agreement Page 6 of 9
(sigirature page follows)
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
By: ValerieWashington(Apr19,202214:16C of this contract, including ensuring all performance
Name: Valerie R. Washington and reporting requirements.
Title: Assistant City Manager
Date:Apr 19, 2022 ,20
By: Mark Rausc her(Apr 11,202208:09 CDT)
APPROVAL RECOMMENDED: Name: Mark Rauscher
Title: Assistant Fire Director
By: J sD-is(Apr11,202211:44CDT) APPROVED AS TO FORM AND LEGALITY:
Name: James Davis g44nnnn��
Title: Fire Chief cy0�°FORr 1d
a>o oG d0
ATTEST: p vo o�idd By:
° °
°
° o* d Name: Christopher Austria
Pao
°°°°°°°°° Title: Assistant City Attorney
By:Jannette S.Goodall(Apr 20,2022 07:07 CDT) CONTRACT AUTHORIZATION:
Name: Jannette S Goodall M&C:21-0446 _
Title: City Secretary
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CITY OF LAKE WORTH:
ATTEST::
"I",le 01 •01r \
By:
W4— fill n
Name: Stacy Almond Mom a Solko, City Secretary
Title: City Manager
Date: • v 120 2�
Lake Worth Council Action 0 N
Date Approved-�"— \ 2-•k
Agenda No. \-\'2
Card I Roc.Wo.
OFFICIAL RECORD
Interlocal Agreement CITY SECRETARY
FT.WORTH,TX
ATTACHMENT"A"
DISPATCHING COSTS
May 5,2020 M&C Amounts One-Time Monthly Annual
Apparatus Costs
MDC Hardware
Dell Latitude 7214 Rugged (CTO) $3,095.65 - -
Docking Station (DS-DELL-417) $541.78 - -
Swivel Mount(C-MD-202) $51.73 - -
Cradlepoint Hardware
11311900 Cradlepoint w/5 Years NCE(MA5-09001200-NNA) $1,037.70 - -
Cradlepoint Antenna (AP-IBR1100-Q-BL) $198.28 - -
Labor\Installation
Labor-Configure MDC $126.16 - -
Labor-Install Equipment in Apparatus $433.96 - -
Recurrins Costs
GTS Management Cost(annual), per device - - $152.44
Cradlepoint Cellular Service-Unlimited (DIR) - $37.99 $455.88
Cradlepoint NCE per year(after Year 5) - - $62.81
TOTAL-Apparatus Costs $5,485.26 $37.99 $671.13
Quantity 7 7
M&C Grand Total $38,396.82 $4,697.91
Interlocal Contract—Page 8
I
ATTACHMENT`B"
STATION ALERTING COSTS
One-
Time Annual
Station Alerting Costs
Alerting System Hardware
CFW PC $866.45
Connectivity-Network
Meraki device $659.55
Internet Circuit-AT&T FirstNet USB backup $455.88
Internet Circuit-Spectrum Primary service $99.00 $779.88
Network Cabinet and Installation $938.00
Recurring Costs
Meraki License per year $331.16
TOTAL-Station Alerting Costs per Station $2,563.00 $1,566.92
Interlocal Contract—Page 9
M&C Review Page 1 of 3
Official
CITY COUNCIL AGENDA FORT WORTH
Create New From This M&C
DATE: 6/22/2021 REFERENCE **M&C 21- LOG NAME: 36LAKE WORTH FIRE
NO.: 0446 STATION ALERTING
CODE: C TYPE: CONSENT PUBLIC NO
NO
SUBJECT: (ALL)Authorize Interlocal Agreement with the City of Lake Worth for Fire Station
Alerting Services, Authorize the Fire Department to Accept Reimbursements for One-
Time Costs for Initial Equipment Installment and Reoccurring Annual Costs for Fire
Station Alerting Services, and Adopt Attached Appropriation Ordinances
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize interlocal agreement to provide fire station alerting services to the City of Lake
Worth;
2. Authorize acceptance of reimbursement for one-time equipment installation costs from the
City of Lake Worth into the Special Purpose Fund related to initiating fire station
alerting services;
3. Authorize acceptance of annual reimbursements from the City of Lake Worth into the General
Fund for reoccurring costs as a result of Fort Worth handling fire station alerting services;
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Special Purpose Fund, in the amount of $2,563.00, from available funds, for
the Suburban Dispatching project to facilitate the initial equipment installation to be fully
reimbursed by the City of Lake Worth subject to the need of equipment purchased by the
City of Fort Worth; and
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the General Fund in the amount of $1,566.92, from available funds, for the support of
equipment, to be fully reimbursed by the City of Lake Worth.
DISCUSSION:
The City of Lake Worth (Lake Worth) shares common geographical boundaries with the City of Fort
Worth (Fort Worth) and already participates in a mutual aid agreement to provide fire protection,
emergency medical, and rescue services in each other's jurisdictions. Fort Worth currently operates a
Public Safety Answering Point (PSAP) with the responsibility to receive calls for help and dispatch
appropriate fire suppression, emergency medical, and emergency rescue resources for citizens of Fort
Worth and also for Lake Worth through the Fort Worth fire department's Suburban Dispatching
Program (M&C 20-0297). It has become mutually agreeable to incorporate the station alerting service
for Lake Worth into the Fort Worth PSAP for all calls related to fire protection, emergency medical, and
rescue services. Doing so will increase efficiencies, reduce call transfer times between agencies,
reduce dispatch delays due to cellular calls, begin regionalization and consolidation approach to
dispatching, and enhance cooperation with adjacent municipalities
Common communications and Information Technology (IT) equipment may be necessary. Fort Worth
has agreed to purchase equipment for Lake Worth if they cannot obtain the specified items to be
utilized for dispatching. If Fort Worth accommodates the procurement, appropriations will be
established and reimbursed by Lake Worth. These potential one-time costs will be captured in the
Special Purpose Fund, and are calculated on a per station basis with one station being equipped
http://apps.cfwnet.org/council_packet/mc review.asp?ID=28996&councildate=6/22/2021 4/11/2022
Page�18�CD�ev/cv� - ���
initially for Lake Worth. The estimated total is $2.563.00.
The equipment will be supported by Fort Worth through existing contracts and city personnel,Annual
costs will be paid by Fort Worth and invoiced to Lake Worth for repayment to the General Fund.
Annual recurring costs are expected to be $1,566.92 for the services and maintenance of equipment
and hardware.
Potential one time purchase costs and annual cost of support details are shown below.
Support
Alerting System Hardware
Connectivity - Network J1
backup
Internet Circuit - Spectrum Primary $99.00 $779.88
service
Network Cabinet and Installation $938.00 $0.00
Recurring Costs
TOTAL -Station Alerting Costs $2,563.001 $1,566.92
This project will serve ALL COUNCIL DISTRICTS.
FISCAL Station Alerting Costs - per Station One-Time Annual
The Director of Finance certifies that upon approval of the above recommendations, execution of the
agreement, and adoption of the attached appropriation ordinances, funds will be available in the
General and Special Purpose Funds. The Fire Department (and Financial Management Services) has
the responsibility for the collection and deposit of funds due to the City. Prior to any expense being
incurred, the Fire Department also has the responsibility to validate the availability of funds.
TO
I Fund Department i Account 1 Project I Program Activity Budget Reference# Amount
L ID
FROM
Amount
F u n d T Account Project Program Act Budget Reference#
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by:
Valerie Washington (6190)
Originating Department Head: Jim Davis (88U1)
Additional Information Contact: Mark Rausoher (68O3)
ATTACHMENTS
h1kp:/6anns.ofwne1org/counoi| nnokct/n/c_rericvv4ap?1[)=209906LoouooUda1e=0/2Z/202l 4/11/2022
M&C Review Page 3 of 3
36LAKE WORTH FIRE STATION ALERTING funds avail.docx (CFW Internal)
36LAKE WORTH FIRE STATION ALERTING 10100.docx (Public)
36LAKE WORTH FIRE STATION ALERTING 25002.docx (Public)
City of Fort Worth and Lake Worth - Station Alerting 4.22.21.doc (CFW Internal)
LakeWorthFID TABLE.xlsx (CFW Internal)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=28996&councildate=6/22/2021 4/11/2022