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HomeMy WebLinkAboutContract 57687 C15-10 RUCID OITY SECRETARY el INTERLOCAL AGREEMENT BETWEEN THE CITY OF CROWLEY AND THE CITY OF FORT WORTH FOR AUTOMATIC AND MUTUAL FIRE AID AND FIRE PROTECTION SERVICES THIS INTERLOCAL Agreement for Automatic and 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 Crowley, a home rule municipality in the State of Texas ("Crowley "), acting by and through Robert Loftin, its duly authorized City Manager. Fort Worth and Crowley 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 automatic and 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 Part responding to the other '-&� ester q g Y Y p g ��rt� � OFFICIAL RECORD COTY SECKTARP CS9 REC*'Between CFW and Crowley Page 1 FT WORTH,TX JUN 0'22 Am10:U8 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 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. ILA Between CFW and Crowley 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 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. 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: David Cooke, City Manager 200 Texas St. Fort Worth, Texas 76102 With a copy to: City of Fort Worth Attn: Assistant City Attorney 200 Texas St Fort Worth, Texas 76102 ILA Between CFW and Crowley Page 3 City of Crowley City Manager's Office Attn: Robert Loftin 201 E. Main St. Crowley, Texas 76036 VI I. 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 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. ILA Between CFW and Crowley 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 Crowley, 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 Crowley 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 Between CFW and Crowley Page 5 XIX. Right to Audit. Crowley agrees that Fort Worth has the right to audit the financial and business records of Crowley 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, Crowley shall make all Records available to Fort Worth at 201 E. Main St., Crowley, Texas 76036 following reasonable advance notice by Fort Worth and shall otherwise cooperate fully with Fort Worth during any audit. Fort Worth agrees that Crowley 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 Crowley at 200 Texas Street, Fort Worth, Texas following reasonable advance notice by Crowley and shall otherwise cooperate fully with Crowley 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 Between CFW and Crowley Page 6 Executed this day oft�r � ( , 2022. ATTEST: ( STY OF FORT WORTH ;si`�' •-�_�, day _ i rnnette Goodall i ` ;;Valerie Washington ecretary i; Assistant City Manager APPROVED AS TO FORM AND LEGALITY: fa lor, Paris Assistant City Attorney M&C: 22-0230 1295: NIA Date: 6�2-z� CONTRACT COMPLIANCE MANAGER Na rife: Mark Rauscher Title: Assistant Fire Director ATTEST: CITY OF CROWLEY Odw '�ft�d "A By: f City Secretary Roburt Loftin City Manager PIIIIITtEllll/�j�/i APPROVED AS TO FORM AND LEGALITY: \�`��! .....• ' City Attorney /Date: FO�FFICQAL RECOf� D E�:IET4ARlf ILA Between CFW and Crowley Page 7 FT WORTH,TX ATTACHMENT "A" MUTUAL AID RESPONSE A. Response by Crowley; 1. Calls for assistance during "working" structure fires shall be given on an "as needed basis" by Crowley and shall include one engine/quint staffed with a minimum of 3 firefighters. All such responses by Crowley equipment. 2. Crowley shall respond with fire engine upon a Fort Worth request for assistance during fires. All such responses by Crowley are subject to the availability of Crowley personnel and equipment. 3. The boundary of the response area shall be in those areas in Fort Worth as indicated on Exhibit 1 (the "Map"), which is attached and incorporated into this Agreement. 4. Crowley 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 Crowley are subject to the availability of Crowley personnel and equipment. B. Response by Fort Worth: 1 . Fort Worth response to Crowley requests for assistance shall be limited to Crowley city limits, as identified on the Map. 2. Fort Worth shall respond to Crowley 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 upon a Crowley 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 a Crowley 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. ILA Between CFW and Crowley Page 8 5. Fort Worth response to a Crowley request for assistance during emergency medical incidents shall be given on an "as needed basis" by Fort Worth and shall include one engine/quint and a Battalion Chief. All such responses by Fort Worth are subject to the availability of Fort Worth personnel and equipment. AUTOMATIC AID RESPONSE Explanatory note: Upon receipt of the report of an incident requiring response in their own respective cities, the Fort Worth and Crowley fire departments may normally dispatch the level of resources described in Section LA below to the reported locations. For the purposes of this agreement, automatic aid in the amount of resources described will be dispatched by one city into the other city's jurisdictional limits of ETJ, if the incident is reported in any of the geographical areas shown on the Map. Also for purposes of this agreement, "reported" will be defined to mean any telephone calls into the 911 system, direct telephone calls to the fire department or radio transmissions to the fire and/or police dispatch centers. Excluded are automatic alarms, unless followed up by one of the above. A. Fort Worth: The Fort Worth Fire Department will respond into Crowley with an engine and quint company, each staffed with a minimum of four personnel, and a Battalion Chief on all reported structure fires within the city limits of Crowley identified on the Map. All such responses are subject to availability of personnel and equipment. ILA Between CFW and Crowley 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. 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. G. The departments shall conduct a minimum of one joint training session and/or exercise annually. ILA Between CFW and Crowley Page 10 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. ILA Between CFW and crowley Page 11 EXHIBIT 1 .rt�au f- �� � /1 Fat-tWonh ,L rsptl= _ � j. _ _.w.rwra ru _..3 Fain .� roe u 110 wrr n - NUri._' `10 FT ra w �� lalansr° • Cramleystat6ons _ _ UA Fat wa[h SWtbns � I r d ��� � .!° .bc� �� Fort Worth City Umlt 0 Crowley Cdy Unit *W p�.�eAm•-te.f,YNs I�tfni°.y.,4Y1u.wK.=..4rrn.e a }Y/ ILA Between CFW and Crowley page 12 6116/22,8:28 AM M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTIVORTI1 Create New From This M&C DATE: 3/29/2022 REFERENCE **M&C 22- LOG NAME: 36MUTUAL AID NO.: 0230 CROWLEY CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of an Interlocal Agreement Concerning Mutual Aid Fire Services with the City of Crowley RECOMMENDATION: It is recommended that the City Council authorize the execution of an Interlocal Agreement concerning mutual aid fire services with the City of Crowley. DISCUSSION: The City of Crowley (Crowley) 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 of the 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 Crowley 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. Crowley'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. Crowley 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 ject Program Activity Budget Reference Account Pro # Amount ID ID Year (Chartfield 2) FROM apps.cfwnet.orglcouncil_packetimc review.asp?Ira=29784&councildate=3I2912022 1/2 6/16122,8:28 AM M&C Review F eUd Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Fund Department Account Projec# 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 CrowleyMutualAidFlb TABLE.xlsx (CFW internal) Mutual Aid Agreement-FW-CROWLEY 1.20.22.docx (CFW Internal) 212 apps.cfwnet.org/council_packetlmc_review.asp?ID=29784&councildate=3/2912022