HomeMy WebLinkAboutContract 58451 CSC No.58451
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF BEDFORD AND THE CITY OF FORT WORTH
FOR AUTOMATIC AND MUTUAL FIRE AID AND FIRE PROTECTION SERVICES
THIS INTERLOCAL Agreement for Fire 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 Bedford, a home rule municipality in the State of Texas
("Bedford"), acting by and through Jimmy Stathatos, its duly authorized City manager.
Fort Worth and Bedford are sometimes hereinafter referred to individually as the "Party"
and collectively as the "Parties" through this Agreement.
WHEREAS, the governmental entities which are Parties to this Agreement desire
to enter into an agreement concerning mutual aid fire services on an as requested basis;
and
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 791.006 specifically authorizes
interlocal agreements for fire services;
NOW, THEREFORE, it is mutually agreed by the Parties hereto to enter into this
Agreement upon the following terms:
I. Services to be Performed.
The services to be performed under this Agreement are as listed in Attachment
A, which is attached hereto and considered a part hereof for all purposes. The services
performed shall be subject to the Operating Provisions in Attachment B, which is
attached hereto and considered a part hereof for all purposes.
II. Costs Reimbursed.
City of Bedford and Fort Worth agree to reimburse each other for actual costs
other than ordinary operating costs incurred by each other in the performance of 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.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Reimbursement shall be made on an incident-by-incident basis and shall be
made subsequent to a submission of an invoice by the Party incurring costs to the
other 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 approval by
both Parties and renewing automatically for additional one-year periods. Either Party
may terminate this Agreement without penalty upon sixty days' notice in writing to the
other Party.
IV. Liability.
Each Party to this Agreement shall at all times be and remain 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.
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 governing body 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
or death benefits and Worker's Compensation benefits, as though the service had
been rendered within the limits of the City where he or she is regularly employed.
All wage and disability payments, pension payments, damage to equipment
and clothing, medical expenses, and expenses of travel, food, and lodging or any
benefits or payments to which an individual is entitled shall be paid by the City in which
the employee in question is regularly employed.
All equipment used by the responding City in carrying out this Agreement will,
during the time response services are being performed, be owned, leased, or rented
by such responding City. All employees acting on behalf of a responding City at the
request of a requesting City will, during the time response services are being
performed, be employee's members of the responding City for all purposes, including
any claims for Worker's Compensation that may arise during the time such services
are being rendered.
At all times while equipment and personnel of the responding City are traveling
to, from, or within the geographical limits of the normal response area of the requesting
City 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 City. Further, such personnel shall be deemed to be
engaged in a governmental function of their City.
Nothing herein shall be construed to be a waiver of immunity under the Texas
Tort Claims Act by either Party.
V. Independent Contractor.
Each Party shall operate under this Agreement as an independent contractor,
and not as an agent, representative, servant or employee of the other. 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 herein, 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
1000 Throckmorton St.
Ft. Worth, Texas 76102
City of Bedford
City Manager's Office
Attn: Jimmy Stathatos, City Manager
2000 Forest Ridge #A
Bedford, TX. 76021
Either party may, from time to time, modify its own address under this section
by providing written notice to the other party.
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.
Both Parties 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 writing embodies the entire agreement and understanding between the
Parties hereto, and 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 and signed by both Parties
hereto and approved by appropriate action of the governing body of each Party.
XI. Waiver.
No waiver of performance by either Party shall be construed as 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 or the interpretation thereof, 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.
XIII. Successors and Assigns.
Neither Party hereto shall assign, sublet or transfer its interest herein without
prior written consent of the other Party, and 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
Bedford and 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 Bedford, 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 that performance of any obligation
hereunder is excused during the period of any delay which is occasioned by: 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. In the case that such
performance is excused by such happening, 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.
XIX. Right to Audit.
City of Bedford agrees that Fort Worth will have the right to audit the financial and
business records of Bedford that relate to the services provided (collectively
"Records") at any time during the Term and 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, Bedford shall make all Records
available to Fort Worth at 2000 Forest Ridge Dr. Bedford, Texas following reasonable
advance notice by Fort Worth and shall otherwise cooperate fully with Fort Worth
during any audit.
Fort Worth Agrees that Bedford will have 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 Bedford at 1000 Throckmorton Street, Fort Worth, Texas following
reasonable advance notice by Bedford and shall otherwise cooperate fully with
Bedford during any audit.
Notwithstanding anything to the contrary herein, this Section XIX shall survive
expiration or earlier termination of this Agreement.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.]
ATTEST: CITY OF BEDFORD
By: T'
City ecretary Jimmy St thatos
City Manager
APPROVED AS TO FORM AND LEGALITY:
Date:
� I
City Attorney
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Executed this 161h day of November 20 22
ATTEST: CITY OF FORT WORTH
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Jannette S.C .dall(Nov 14,202 :39 CST) By: Valeriewashington(Nov 11,2022 13:06 CST)
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Jannette Goodall �po�*., .'
FORTaa Valerie Washington
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City Secretary c~° oVo Assistant CityManager
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APPROVED AS TO FORM AND LEGALITY:
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Taylor Paris
Assistant City Attorney
M&C: 22-0495
1295: N/A
Date: Nov 9, 2022
CONTRACT COMPLIANCE MANAGER
Mark Rauscher(Nov 9,202213:43 CST)
Name: Mark Rauscher
Title: Assistant Fire Director
Attachment "A"
I. Mutual Aid Response
A. Bedford:
1. Calls for assistance during "working" structure fires shall be given on an
"as needed basis" by Bedford and shall include one engine/quint (or
both, maximum of two fire companies) staffed with a minimum of 3
firefighters each, and/or light/air unit and Battalion Chief. All such
responses are subject to availability of personnel and equipment
2. Bedford 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 Bedford are subject to the availability
of Bedford personnel and equipment
3. Bedford's response to Fort Worth requests for assistance shall be limited
to Fort Worth city limits
B. Fort Worth:
1. Calls for assistance during "working" structure fires shall be given 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 are
subject to availability of personnel and equipment
2. Fort Worth response to Bedford requests for assistance shall be limited
to Bedford city limits
3. Fort Worth response to a Bedford 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
ATTACHMENT "B"
Operating Provisions
I. Any dispatch of equipment and personnel pursuant to this Agreement is subject
to the following conditions:
A. Any request for aid hereunder 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 city. The Parties
would provide a fire company staffed by certified firefighters as certified by
the Texas Commission of Fire Protection.
B. In the event that the responding city is unable to respond to the request for
assistance, the fire chief or designee of the responding city shall
immediately notify the fire department of the requesting city that no
response can be made.
C. Personnel from the Fire Department of the responding city shall report to
the officer in charge of the requesting city 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 city shall remain with the highest-ranking fire officer from the
responding city at the scene. The Command Post will be staffed by
representatives from both Bedford and Fort Worth so that a "Unified
Command" is established.
D. Personnel from the Fire Department of the responding city shall be released
by the officer in charge from the requesting city when the services of the
responding city are needed within the area for which it normally provides
fire protection.
E. A working accountability system in accordance with NFPA guidelines shall
be established at every incident.
F. The departments shall conduct a minimum of one joint training session
and/or exercise annually.
G. Each department shall program their radios with the appropriate talk
groups/channels to allow for seamless communications while responding to
and on scene of the emergency incident. It is desirable that no console
patching be utilized during an emergency response.
II. All equipment used by the responding Fire Department in carrying out this
Agreement will, at the time of action hereunder, be owned, leased or rented by
it.
ATTACHMENT "C"
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M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRTTWORT�H
Create New From This M&C
DATE: 6/28/2022 REFERENCE NO.:**M&C 22-0495 LOG NAME: 36MUTUAL AID
BEDFORD
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Execution of an Interlocal Agreement Concerning Mutual Aid Fire
Services with the City of Bedford
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Interlocal Agreement
concerning mutual aid fire services with the City of Bedford.
DISCUSSION:
The City of Bedford (Bedford) 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 Bedford 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. Bedford'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.
Bedford 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 I I Year (Chartfield 2)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=30050&councildate=6/28/2022 10/10/2022
M&C Review Page 2 of 2
FROM
TFund I Department I Account Project Program I Activity Budget Reference# Amount
ID ID Year I (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 BEDFORD funds availability.pdf (CFW Internal)
BedfordMutualAidFID TAB LE.xlsx (CFW Internal)
Interlocal Agreement for Fire Services Bedford.docx (Public)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=30050&councildate=6/28/2022 10/10/2022