HomeMy WebLinkAboutContract 27161 CITY SECRETARY
CONTRACT NO.
EIRE SERVICES AGREEMENT
STATE OF TEXAS
COUNTY OF TARRANT
WHEREAS, the City of Fort Worth and the City of Benbrook have a lengthy
history of mutually beneficial cooperative efforts in the provision of fire
fighting services; and
WHEREAS, pursuant to Chapter 791 of the Texas Government Code, the
Texas Interlocal Cooperation Act, the City of Fort Worth and the City of Ben-
brook desire to continue these cooperative efforts to provide adequate fire
fighting services to the citizens of their respective cities in the most ef-
ficient and economical manner; and
WHEREAS, the City of Fort Worth and the City of Benbrook desire to
specify the terms and conditions of an agreement through which this mutually
beneficial relationship may continue into the future:
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
This contract and agreement is entered into by and between the City of
Benbrook ("Benbrook" ) , a home-rule municipality in 'Tarrant County, acting
through its duly authorized Mayor, and the City of Fort Worth ("Fort Worth") ,
a home-rule municipality in Tarrant County, acting through Gary Jackson, its
duly authorized City Manager; and
W I T N E S S E T H:
1. SERVICE AREA; PROCEDURES
Fort Worth will provide fire protection service at the service level
specified hereinafter to Benbrook in the service area, the exact location of
which is designated in a location map marked Attachment "A," hereto incorpo-
rated and specifically made a part of this agreement. Fare protection ser-
vices will be provided in accordance with standard operating procedures of
the Fort Worth Fire Department, in conformance with Fort Worth's rules, regu-
lations and ordinances relating to provision of such services. All cal.
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shall be received from Central Dispatch in the Fort Worth Fire Department,
and all alarm procedures shall be wholly under the Fort Worth Fire Depart-
ment' s control. It is recognized and understood that Fort Worth cannot and
does not assume responsibility for the provision of fire services beyond
those of the service level chosen by Benbrook, nor outside the service area.
2. DURATION; RENEWAL
This agreement shall be in effect for a period of five (5) years, com-
mencing October 1, 2001, and expiring September 30, 2006, unless terminated
earlier for cause as specified below. Cost adjustments shall be made on an
annual basis, pursuant to the formula set out in Section 3, "Cost Calculation
Formula," and the respective attachments thereto. At expiration, the terms
and conditions of this agreement may be extended for additional, five-year pe-
riods, upon mutual consent of Fort Worth and Benbrook in writing.
3. COST CALCULATION FORMULA
As consideration for the provision of fire services, Benbrook will pay
Fort Worth the amount set out in Attachment "B" which shall be calculated on
the basis of the following factors, subject to annual revision and adjust-
ment:
A. Fort Worth's per capita cost of fire protection;
B. Benbrook' s population served by this agreement;
C. The hazard potential factor for the area covered under this
agreement;
D. The level of service provided.
Each of these factors is analytically set out in greater detail in Attachment
"C" incorporated and specifically made a part of this agreement. The actual
calculation figures for the current year of the contract, including service
level chosen and hazard potential factor rating, shall appear in Attachment
"B."
4. CONSIDERATION
Fort worth and Benbrook, as taxpayer-supported entities, recognize the
importance of timeliness of providing cost figures for purposes of budgetary
convenience. Therefore, Fort Worth covenants that it will cause to be sent to
Benbrook no later than August l$t of each year a calculation of the cost of
fire service for the following year similar in format to Attachment "B"
hereof. Should Benbrook fail to receive said cost calculation by August 15t of
that year, it shall notify Fort Worth of that fact by registered or certified
mail, requesting Fort Worth to immediately provide same. Fort Worth covenants
that it will use its best efforts to provide appropriate cost information to
Benbrook in a timely manner.
Benbrook agrees to tender to Fort worth twelve (12) equal monthly pay-
ments, each payment representing 1/12 of the total amount due under the terms
of this contract. The first payment will be due on or before October 15,
2001, and monthly payments thereafter shall be made no later than the fif-
teenth (15th) day of each month. Payment shall be by certified check or by any
other method agreed to by Benbrook and Fort Worth.
b. TERMINATION FOR CAUSE
Both cities recognize the importance of fire service and agree to act
in utmost good faith in their relations with one another under this agree-
ment. Unilateral termination of this agreement shall be limited to the fol-
lowing circumstances and only after the defaulting party has been given rea-
sonable opportunity to cure:
A. Fort worth may terminate this contract for nonpayment upon one hun-
dred eighty (180) days' written notice.
B. Benbrook may terminate this contract for failure of Fort Worth to
provide service upon one hundred eighty (180) days' written notice.
6. LIABILITY
(a) In accordance with section 791.006 of the Texas Interlocal Coopera-
tion Act, (TEx. Gov'T CODE ANN. § 791.001 et seg. [Vernon 1994] ) , any civil li-
ability arising from furnishing fire protection services under this contract
shall be the responsibility of Benbrook.
(b) Subject to the foregoing, Fort Worth and Benbrook agree to the
following:
1. Title to all equipment used by the Fort Worth Fire Department to
carry out the terms of this contract will remain in the City of Fort
Worth.
2. Title to all equipment used by the Benbrook Fire Department to carry
out the terms of this contract will remain in the City of Benbrook.
3. Each city shall bear its own administrative expenses incurred pursu-
ant to and arising out the performance of this contract.
4. Pursuant to the terms of the statute referenced above, Benbrook
agrees to be responsible for all liability for any damage to Fort Worth
equipment, and for all liability for personnel and employee benefits
for Fort Worth personnel providing services under this agreement, in-
cluding workers' compensation, pension and retirement benefits.
7. NON-WAIVER OF IMM WITIES AND DEFENSES
It is expressly understood and agreed that, in the execution of this
agreement and contract, neither city waives, nor shall be deemed hereby to
waive, any immunity or defense that would otherwise be available to it
against third-party claims arising in the exercise of governmental powers and
functions.
B. NON-ASSIGNABILITY
This agreement is not assignable by either party and any attempt to as-
sign it is void.
9. AMENDMENT
This agreement may be amended at any time by mutual consent of the par-
ties. .Any such amendment shall be in writing, attached hereto and filed with
the City Secretaries or other appropriate official of the parties.
10. ENTIRETY
This writing with its attachments and with any amendments, per the
foregoing paragraph, constitutes the entire agreement between Fort Worth and
Westover Hills, and no oral or written agreement exists elsewhere to modify
same.
11. SEVERABILITY
The provisions of this contract are severable. Should any portion of
it be adjudged invalid by a court of competent jurisdiction, the remainder of
its provisions are to be given full force and effect as if the offending por-
tion did not exist.
ATTEST: CITY OF FORT WORTH
( �f/10 ztt:o) a4r�� By:
QsS Ca.ty jecretary Gy Jacks , City Manager
APPROVED AS TO FORM AND LEGALITY:
Contract Authorization
4cityoto"rney of Fort orth — 12
Date
Dater
ATTEST: CITY OF Benbrook
By:
it Secretary F.T. Hebert, Mayor
APPROVED AS TO FORM L ITY:
City Attorney of Benbrook
Date: � i ( 2434
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ATTACHMENT "B"
2001 - 2002 Fire Protection Charges to Benbrook:
(a) Fort Worth Per Capita Cost of Fire Protection $146.54
(b) Benbrook Population to be Protected 7, 918
(c) Benbrook Hazard Potential Factor 110
(d) Service Level 4 (20%) $232, 060.74
ATTACHMENT 'C"
Cost Calculation Formula - Analyzed
I. CITY OF FORT WORTH PER CAPITA COST OF FIRE PROTECTION
The figure arrived at is based on the following factors:
A. The most recent adopted Fort Worth Fire Department budget
B. Indirect costs for Fort Worth Eire Department
C. Debt Service (attributable to Fort worth Fire Department)
D. Population of City of Fort Worth (according to the most recent
report by NCTCOG)
The actual calculation for this function is A plus B plus C, the
total then divided by D.
II . POPULATION OF THE CITY TO BE PROTECTED
In the case of a city requesting fire protection for the entire
population, the most recent COG population estimates are used. In cases
in which a portion of a city is to be protected, the most recent U.S.
Census Bureau Black Data for the portion of the City to be protected
and the most recent U.S. Census Bureau Total City Average Household
Size for the City will be used to calculate the population.
Formula: Block Data Population X Average Household Size = Popula-
tion to be protected.
III. HAZARD POTENTIAL FACTOR
The Hazard Potential Factor determines whether the area to be covered
has a greater or like fire protection factor as Fort Worth. The Factor is
based on an assessment of:
A. Varying types of 2ro2erties in the area to be 2rotected. This in-
cludes a survey of small homes and businesses which have a mini-
mal potential to escalate beyond a first alarm assignment; larger
homes, light industrial area, and other properties that have a
potential for escalation to a higher alarm level; industrial ar-
eas, hazardous operations, highrise buildings, large public as-
sembly areas, and institutional properties where life hazard is
above average and other properties where the potential to esca-
late to a maximum response is high.
B. Transportation Routes. Transportation routes are factored due to
the special problems railroads, highways, and major traffic
routes can add to fire protection efforts.
C. Open Land. Both developed and undeveloped open land is included
since fires in these types of areas require special kinds of
equipment and, at times, large numbers of manpower. In evaluating
this category, consideration is given to area, accessibility, and
ground cover.
D. Other Fire Protection Factors. This includes water supply, fire
and building codes and their enforcement, sprinklers, standpipes,
and smoke and heat detectors.
E. Special Factors. Any special factors unique to potential protec-
tion area and inconsistent with the Fire Department's experience.
All ratings of the potential protection area are done based on the re-
lationship of each factor to the "norm" of Fort Worth. A rating of 1 means
that a factor is approximately the same as is common to lake factors in the
City of Fort Worth; a greater hazard factor would receive a higher rating.
Under no circumstances would the Hazard Factor be less than the 1.0 factor
applied to the City of Fort Worth.
IV. LEVEL OF SERVICE TO BE PROVIDED
The final factor in the formula allows a client city to choose one of
four levels of service to be provided by the Fire Department.
Level 1 Full fire protection service, including full fire suppression;
emergency medical first responder services; inspection of all
schools, water hydrants, commercial establishments, and churches;
arson investigation; bomb squad; fire safety education; hazardous
materials response; emergency management; all other fire services
received by Fort Worth residents. The cost of Level 1 service is
based on the full per capita cost of Fort Worth fire protection.
Level 2 Full fire suppression service, emergency medical services first
responder service, inspection of water hydrants, and hazardous
materials incident response. If the Fort Worth Eire Department
Incident Commander determines that any specialized services, in-
cluding but not limited to hazardous materials response, techni-
cal rescue, and/or emergency medical services are required for a
particular incident responded to in the contracting city by the
Fort Worth Fire Department the contracting city will not be
charged for such additional services. Level 2 service is provided
for 90a of the full per capita cost of Fort Worth fire protec-
tion.
Level 3 Nearest one-alarm assignment. For this level of service the Fire
Department will respond to the nearest one-alarm assignment,
which includes, on average, two Pump companies, one Ladder com-
pany, and one Battalion Chief. This level of service does not in-
clude emergency medical first responder service or hazardous ma-
terials response. If the Fort Worth Fare Department Incident
Commander determines that any specialized services, including but
not limited to hazardous materials response, technical rescue,
and/or emergency medical services are required for a particular
incident responded to in the contracting city by the Fort Worth
Fire Department the contracting city will not be charged for such
additional services. Level 3 service is provided at 60% of the
per capita cost of Fort Worth fire protection.
Level 4 Nearest one-alarm assignment. For this level of service the Fire
Department will respond to the nearest one-alarm assignment,
which includes, on average, two (2) Pump companies, one (1) Lad-
der company, and one (1) Battalion Chief. This level of service
does not include emergency medical first responder service or
hazardous materials response. If the Fort Worth Fire Department
Incident Commander determines that any specialized services, in-
cluding but not limited to hazardous materials response, techni-
cal rescue, and/or emergency medical services are required for a
particular incident responded to in the contracting city by the
Fort Worth Fire Department the contracting city will not be
charged for such additional services. This level of service also
requires the contracting city to supplement the fire ground re-
sources by responding up to all available fire personnel and ap-
paratus when requested by the Fort Worth fire commander. Such
supplemental resources will work under the direction of the Fort
Worth Fare Department district chief or incident commander. Level
4 service is 20% of the per capita cost of Fort Worth fire pro-
tection.