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HomeMy WebLinkAboutContract 27956, . ,, f 1 $TATE OF TEXAS COUNTY OF '�ARi3ANT § � � � EIR� SERVICES AGREEMENT conYrr��c� �o Y� 2��� [111 � WHEREAS, the City o� E'ort GVortl� and the Cx�y oi Westover Hil1s have a Iengthy hi�tory o� mutually ?�eneficial cooperative efforts in the provision o� fire fighting services; and WHE�2EAS, pursuant to Chap�er 791 of the Texas Government Code, the Texas rnterl.ocal Cooperation Act� the City oi Fort rnlorth and the City of W�stover Hills c3esire to continue these cooperative e�forts to provide ade- quate fire fighting services to the citizens of their respective cities in the mnst efficient and economical manner; and WHEREAS, the City o� Fort Tr�orth and �k�e City o� Westover Hil�.s desire to specify �he tarms and conditions af an agre��nent through which this mu�u- a1�y benefi�ial relationsYaip may continue into the future: N�W, THEREFORE, IINOW ALL BY THESE ARESENTS: This contract and agreement is ent�red inta by and betw�en the City of Westover Hills I�`t^7estover Hi11s"), a home-rtzle �nunicipality in Ta�rant Caunty, ac�ing through i�s duly authorized I�ayar, and the City of Fort Worth �"Fart Worth"), a home-rule tnunicipality in Tarrant County, acting through Gary Jacksnn, its duly authorized City Manager; and W I T N E S S E T Fi: 1. SERVICE AR�A; PROCEDURES Fort Sr�7orth will provicl� �ire protection service at the service l�vel specified hereinafter to �7es�over Hills in t�e service area, the exact lo�a- tion of which is designated i.n a�ocation map marked Attachment "A," hexeta incorporated and specifically made a part of this agreement. Fire protection services wi11 be provided in accardance with standard aperating proced�res of the Fort Worth Fire Department, in conformanCe with Fort Worth's rules, regu- lations and ordinances relating to provision of such sarvice� ?��1 ���1G � ���� ��� � ��� , � �r�� � � � � �a r �� sha11 be received from Central Dispatch in �he For� Warth Fire Department, and all alarm procedures shall Jae wholly under the Fort Woxth Fire Depart-- ment's control. Tt is recaqnized and understood that Fart Worth cannot and does not assurne responsibility for the grotrision of fire services beyond those of the sexvic� level chosen ]�y Westover Hill.s, �1ar outside the serviae area, 2. BL7RA�IQN: RENEWAL This agreement shall be in effect �qr a pe�iod of five (5} years, com- meneing October 1, 20Q1, and e�piring Septem�er 30, 2006, unless termina�ed earlier for cause as specified helow. Cost adjustments shall be made on an annual basis, pursuant to the formula set out in Sec�ion 3, "Cast Calculation � Formula," and th� respective attachments thereto, At expiration, the t�rms and conda.tions o� this agreement may be extended �or additiona� five-yeax pe- riods, upon mutual consent o� Fort �Iar�h and Westover Hi11s in writinr�, 3. COST CALCU,LA�TON FORMUZA As considera�ion for the provisian o� fire ser�rices, Westover Hi11s wi11 pa� Fort Wortn the amoun� set out in Attachmen� "8" which shall be cal- culated on the toasis of th� follQwing fac�ors, subject to annual revision and adjustment: A. Eort Worth's per capita cost of fire protection; B. Westova� Hills's populatian sarved by this agxeemEnt; C. The hazard potential factor far the area covered under this aq�eement; D. Thu level of s�rvice providet�. Each of these factars is analytically s�t out in greater detail in A�tachment "C" incorpo�ated and specifically made a part of this agreement. The actua� calculation figures for th� current year of the contract, ineluding se�vice level chosen and hazard potential �actor rating, shall appear in Attachm�nt ,. � ,. 4. COFrTSIDERATTON Eort Worth and Westover Hills, as taxpaye�-supported entities, recog- nize the importance ot timelines5 of �rovxding cost figures for purpos�s o� budgetary cnnvenience. Therefore, Fort Worth cov�nants that it will cause to be sent to Vdestover Hills nn latar than August 15t af each year a calculation o� the cost o� fire service for the followinc� year similar in format to At- tachment "B" hereof. Sl�ould Westover Hills fail to recezve said cost calcula- tion by August 1St at that year, i� shall notif� Fo.rt Worth of tha� fact by �egistered or certified mail, requesting For� Worth tn immeclia�ely pro'vide same. Fort Worth covenan�s that it will use its best efforts to provicie ap- propriate cast informat�.an to Westover Hills in a timely manner. Westover Hills agrees to t�nder to Fort Tn7orth tw�1v� (12) equal monthly payments, each paymen�. representing ]/l2 of the total amount due under the terms af this contract. The first payment wi].l b� due an or before October 15, 2007., and montl�ly payments thereafter sha11 be made nn later than �he fifteenth (15�h) day of eac� month. Payment shall be by certified check or by any other method agreecl to by Wes�over Hi11s and Eort Worth. 5. TERMINATION FQit CAUSE Soth citi.es recogni�e the importance of fire service and agree to act in utmast good faith in their relations with one another under this agree- ment. Unilateral termination of this agreement sha11 be limited �o the fo]- lowing circums�ances and only after the defaulting party has been given rea-- sonable opporturaity to cure: A. Fort Worth may terminate this contract for nonpayment upon one hun- dred eighty {180) days' written natice. S. Westo�er Hills may termina�e this contract for failure of Fart Wor�h �o p�ovide service upon one hundred ezghty {1B0) days' written na- tice. 6. LIABILIT'Y T�ny ci'vi1 liability shall be determined pursuant to the �e�ms of Texas Government Code 791.OQf. 7. NON-WATVER OE' IMM[TNITIES AND DEFENSES It is expressly unders�ood and agreed �hat, in the executi.on of this agxeement and contract, neither city waives, nor shall b� deemed he�eby to waive, any immunity or defense that would otherwise be available to it against third-party c�aims arising an �he exercise of governmental pow�rs and functions. 8. I30N-ASSIGIVAB�LITY This agreemen� is not assignabl� �y either party and any attempt ta as- siqn it is vaid. �'�s�'uiaY�l�7•uis1�4� This agreement may be amended at any time by mutual consent of the par- ties. Any such amendment sna11 be in writing, attached hereto and filed with the City Secretaries o� other appropriate o££icial of �he parties. 10. E23TI1��Y' This writing with its attachment� and with any amendments, p�x' the foregoing paragraph, constitu�es the entire agreement between Fort Worth and V�7estaver Hi11s, and na oral or written aqreement exists elsewl�ere to n�odify same. � e 11. SEVERABILITY �he provisions of this contract are severabl.e. Shauld any partion oi it be adjudged invalid by a court of competent jurisdiction, the remainder of its provisions axe to be given full force and ef�ect as if the of�ending por- tion did not exist. ATTEST: '� . �.�_ . � � ' '. - ' t - , '" �i�y 5ecretary�`� APPROVED AS TO FQRM �?B �EGALITY: r r..�'� Cit Attorney o� �t Woxth � Date: ?�� r'd� { ATTEST: - ` �- ` - � ' - - ` City ecretary ',� APPROVED AS T� FORM AD7T) LEGALIT3�: t � , � � , ��. y - ` � " ►'1 City Attorney of We�ver Hills Date: �` /Jv/4� CITY aE' FOl�} WORTH ( !�_� - � � .� , .� .� ,- . Sy: b � Li�Watsc�k�, Assistant City Manager , ��. ��1����, �3�an��ac� �u�horfz�tion `ri��►i�� � De�� CITY OE" Westover Hills v� J4� By: � Earl Shields, P�iayor � I L�iU'�iG�i�� I �� `��f��� ' ', ��1 „� ,,:, �i��� ���� �r ' Hl'�W: r f { � � 0 �`� , i 1 I / �� �r,...— --�`, _ - ,� . ; �� /� - �,...- � �� �. I � ' �P� .M.Leon w,,� �P� �-� a r k � � _ _ �, GE��A FIRTN i �` � � . 'i i � i � � Shady Oak� ' Count�y Club ,� -0 1" P�E PAMLICC��� � � . �, �— 5��fia �� �ATH �, � i �� � �- �--� D � � iVLLI"+i�� Y4HI fLI\J ��� ��LE�AN . 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J � � MALVEY DA�WOUD i� � �_ �` Q � � � � � 0 - J J� � Q = � „„, , COLLfNW00D C��MPO �ERSH�N� � BiRC-iMAN � � � � ���� ��_�-,� _. �--_ /�� ._ A ATTACHMENT "B" 20D1 - 2002 Fire Protection Charges to Westover Hills: (a) Fort VJor�h Per Capita Cost nf Fire Protection (b) Westaver Hills Population to be Protected (c) Westover Hil1s Hazard Potential Factar (dj Service Level 2 (90�) $146.54 658 1.478 $12B,262.3D ATTACHNiEik7T ,�C" Cost Calcula�ion Formula - Anal�zed I. CZTY OF FORT WORTH PER CAPITFI COST OF FIRE PROTECTION `Phe figuxe arrived at is based on the following �actors: A. The mos� recent �dop�ed Fnr� Worth �'ire Department budget B, Indireet cos�s �or �`ort Worth Fire department C. Dek�t Service {attributab�e to E'ort Worth F"ire Department) D. Papulation of Ci�y of Fort riJorth �according to the mast recent report by [dCTCOG} The ac�ual calculation for this �unction is � pius B plus C, the total then divided by D. IT. POPULATION OF THE CITY TO BE PfZOTECTED Tn the case o� a city requesting fire pro�ectian for the �ntire popula�ion, the most recent COG population estimates are used. In cases in whicl� a portion of a c�ty is to be pro�ected, the most recent U.S. Census Bureau Blacf� Data �or the portion of the City to be protected and the most recent U.S. Census Bureau 'Total City Average House�olci 5ize �or the City will be usecl to calculate the population. Farmula: B1ock. Data Papulation X A�rerag� Householci Size = Popula- tion to be protected. III. HAZAR[7 POTENTTAL� FACTQR The Hazaxd Potsntial �"actor d�t��-mines whether the area to k�e coveret� has a greater or like fire protection factor as Fort Worth. `T.'he �'actor �s based on an assessment o�: A. Varyinq �ypes o� properties in the area to be protected. This in- clucles a survey ot sma11 homes and businasses which have a mini- mal potentiai tn escalate beyond a first alarm assignment; larger homes, light industrial area, and oth�r properties that have a potential for escalation to a highex aiarm level; industrial a�- eas, hazardous op�rations, highrise buildings, large public as- seml:hly areas, and institutional properties where life hazard is above average and other propertie� where the poten�ial to esca- Ia�e to a maximum response is high. B. Transportatian Routes. Transportation routes are factored due ta the special problems railroads, highways, and major traffic routes can add to fire pro�ection efforts. C. Qp�n Land. Bnth dev�loped and undevelaped open land is included since iires in the�e types of areas r�quire special kinds of equipment and, at times, large numbers of manpower. In eval.uating m this category, consi.deration is g.iven to ar�a, accessibility, and qround cover. D. Other Fir� Protection Factors. This inclt�des vaa�er supply, fzre and building codes and �heir �nfarcement, sprinklers, stancipipes, and smoke and heat detectars. E. Special Factors. Any special factors unique to potenti.al protec- tion area and inconsistent wi�h the Fire Department's experience. All ratings �af the potential protection area are dan� based nn �he re- lationship of each factar to the "norm" of �'ort Warth. A rating of 1 means that a factor is appraximately the same as a.s common to like factoz's in the City af Fort worth; a greater hazard faetar would receive a higher rating. Under no circumstances would the Hazard Factor be less than the 1.D �actor applied to the City of Fart Worth. IV. LEVEL O� SERVZCE TO BE PRO'VIDED Z'he finai factar in the formula allows a client eity to chnose one of four levels af service to be provided by the Fixe Dapartment. I,evel 1 Full fire protection s�rvice, including full fire suppression; emergency medical first responder services; in�pe.ction af all schonls, water hydrants, commsrcial estal�Lishment�, and churches; arson investigation; bomb squad; �ire safety educat�.on; hazardnus materia�s response; emergency managemen�; a11 other �ire services r�c�ived by Fort G�orth resic�ents. The cost of �,evel. 1 service is based on the full per capita cost o� Fort G�7orth tire protectian. L�ve1 2 Full fire suppression service, emergency medical services first responcler service, inspectinn of watex hydrants, and hazardous materials incident response. If the Fort V�orth Fir� Depart�nent Incident Commander determines that any specializerJ services, in- cluding but not limited to hazardous materials xesponse, teclnni- cal rescue, and/or emergency medical servi.ces are required for a particular incident responded to in the eontracting city by t}�e Fort Worth Eire Departme.nt the contracting ci�y wi11 not be charged for such addi�ional s�rvices. Lev�l 2 service is provided for 90g of the �ull per capita cost of Fort Worth fire protec- tion. Level 3 Nearest one-alarm assigrunen�. For this level o� service tl�e E'ire Bepartment will respond to the nearest one-alarm assignment, which includes, on average, two Pump campanies, one Ladder com- pany, and one Batta�ion Chi.ef. This level of service does rzot in- clude emergency medical first responder service or ha2ardous �na- ter�als response. Zf the �'art Wor�h Fire Department Incident Cn�nmandex d�termines that any specialized services, ir�cludinq but not l�mited to hazardous ma�erials response, technical rescue, and/or emergency medical servic�s are required for a particu].ar inciden� responded to in the contracting city by the Eort Worth Fire �epartment the contracting city wi11 not be charged for such additional s�rviees. Level 3 ser�rice is provided at 60% of the per capita cost of Fort Worth fire pxot�ction. � Level 4 Nearest ane-alarm assignment. �'ar this level of service the Fire Depar�ment will respond to the nearest one-alarm assignment, which inclucies, on a�rerage, two (2) Pump companies, one (1j Lad- der company, and one {1) Battalion Chief. This level of service does not include emergency medical fi�st responder service or hazardous matera.als response. I� the For� Worth Fire De�aartanent Inciden� Commander determines that any specializecl services, in- cluding but not liiaited ta hazardous materia�s response, techni- cal rascue, and/or emergency medical serv.ices are required fo� a particular incident responded to in �.he cont�ac�ing city by the For�. Worth Fire Departmen� the cantracting city will nat be charged far such additional se�vices. This level of service also requires the contrac�ing city to supplement the fire ground �e- sources by responding up to all available fir� personnel ancl ap- paratus when request�d by the Fort Worth fire cominander. Such supplemen-tal �esources wi11 wark under the direction of the For� GVorth E"ixa Department distxict chief nr incident commander. I�evel 4 service is 2d� ot the per capita cost of Fart V�7orth fire �ro- �ection. �ity of Fort T�8'o�h, �'exas f��yar �r�d Cour��il Com�u�i�a�tio� DATE REFERENCE NUMBER LOG NAME PAC� 7116102 �*�a� g�p �4 � 36WESTOVER � 9 of 1 SUB,]ECT AMENDMENT OF CONTRACT FOR THE PROVISION OF FIRE SERVICES TO THE �I7Y �F 1�F.�TOV�f� HIL�� REC�MMENDATION: !t is recommended that the City Council authorize the City Manager to amend tne contract for the provisior� of fire services ta the City of Westaver Hills, changing the language for 5ection 6: �.iability. DISCUSSION: On October 2, 20a1 (M&C C-18762), the City Council authorized a multi-year contract for the provision of fire services to .the City of Westover Hills. The contract was not fully executed due �o concerns from Westover Hills regarding lar�guage af the liabiEity section. The original liability sectian included language speeifying that Westover Hi11s would be liable for any damage to Fort Worth equipment, and for personnel and employee benefits for Fort Worth personnel providing services under the agreement, inciuding worfcers' compensatjon, pension, and retlrement benefits. After discussions with Westover Hills this sec#ion was changed, and it nnw spe�ifes that any civi! liability sE�all be determined pursuant to the terms of Texas Government Code 791.a06. li is the opinion af th� Ci�y Attorney that the change provides suffcient �rotection to the Gity of Fort Worth. - FISCAL INFORMATI�NlCERTiFfCATION: The Finance Director certifies that this action wil� have no material effect on Ci#y fur�ds. LW:k Svbmitted for City Manager's Of�3ce by: I FU1�D I ACCOUNT I � (to} � CENTER I AMOUNT CiTY' SECRETARY Libby Watsun Originating Depart�nent Head: Jim Tidwell (Interim) Additional Infnr►�atian Contact: Jim Tidwell (Interim) G183 I � 6801 I (from) G801 � � I APPROVED 07I16/02 FTRE SERVICES AGREEMEN� Westovex I3a.J.�s ("Westover Hi�.ls"}, a home-ruJ.e municipality in Tarx'ant County, acting through i�s duly authorized Mayor, and the Ci�y of Fort Warth ("Fort Worth"), a home-rule municipalitp in Tarrant County, acting �hrough Gazy �7ackson, zts du1.y authorized City Manaqer; and W� T N F= S S E T H: �. SERVICE AR�A; pROCEDURES Fo�� Woxth will provide fire pro�ec�ion se�vice at the service level specified hereinafter to G�es�ov�r Hills in the service area, �he exact loca- tion of which is desa.gnated in a location map marked Attachment "A," hereto incnrporated and sp�cifically made a part o� tha.s agreement. Fire protection servaces will be provided in accoxdance with s�andard operating procedures of the Fort Ltiiaxth Fire D�part�ent, in conformance wi�h Fort Worth's rn3.es, regu- �ations ant� ordinances reZating to provision o� such services. AlI ca].3.s STATE OF�= T,EXAS § . � COUNTY QE' 3'ARRAI3`� � WHEREAS, �he City of Fort Worth and the City of Westover Rills have a Ie�g�hy history o� mutually b�neficial cooperatave ef£orts in ihe provision o� fire fighting services; and WHEREAS, gursuant fo Chapter 79]. of the fiexas Govexnment Code, the Texas Intexl.ac�l.Cooperation Ac�, the Czty of Fort Wor�h and the City af Wes�over Hilis desire to canta.nue th�se coop�rative e�fox�ts to provide ade-- quaie fire fighting services to the citizens o� their respec�ive ci�ies in the mast efficient and econamical manner; and WHEREAS, the Ga.ty of Fort Wor�h and the Ci.ty of Westover Hills desire ta speci�y the texms and conditions of an agree�ent through whi�h �his mutu- al�y beneficia�. rela�.ionship may continue into the fu�ure: I30W, THEREE'ORE, IiNOW ALL HX THESE PRESENTS: This contract and agreerr►ent is entered into i�y and betwe�n tf�e City o� l�vel chosen and hazar� poten�ial factax ratin.g, shal� appear in Attachment ' ., B „ 4. CQNSIDERATION E'ort Worth and Westover Ha.11s, as taxpaye�-suppoxted e.ntities. recog-- nize �he importance af timeliness of providin� cost �i.gures �or purposes of budge�ary convenaence. Therefare, Fort Worth covenants that it wa.l.l cause to be sent to Westover Hills no Iater than August 15� o� each year a caicul.ation oi the cast ai fixe service fo� the following year s�malar ira format to At- tachment "B" hereof . ShoulcE �Iestover H9.�.�s fail to rec�ivs said cost calcu�.a- tion by Auc�ust 1$x o� that year, it shall natify Fart Wo�th of that tact by registered ar ceztified mailf �equesting For�. Wort� to imtnedia�ely pr�vide same. Fort Waxth covenants th.at it wi11 use its best efforts to provide ap- propria�e cost infozmatian to Westover Hil�.s in a timely manner. Westove� Hills agrees to tender to For� Worth twelve (12) equal manthly payments, each payment repxesen�ing �/12 of the �otal amount due uncier �he terms o� this contrac�. The first payment w�,ll b� due on or befn�e Oc�ober 15, 2ppl, and month3y payments therea�ter shaJ.l be made no la�er than the fifteenth (1.5�h} day of each man�h. Payment shall be by certified checic or by any othar me�hod agreed to by Westover Ha.11s and For� Worth. � 5. TERMINATiO1Q FOR CAUSE Bo�h ci�zes recogniae the importance o�' �ire service and agree to act in utmost good faith in their re�.ations with one anathex under this agree-- ment. Unilatera]. tErmination of this aqxeement shall be limited �o the �ol- 3.owzng circumstances and onl.y after the defaulta.ng party has been given zea- sonabl.e apportunity to c�re: A. Fvrt Worth may t�rminate this cantrac� for nonpayment upon one huz�- drad eigh�y (160} days' written notice. 11. 8�7ERABZLiTY The provisions of this contract a�e severable. Sho❑ld any portion of i� be adjudg�d invalid by a caurt afi competent �urisdiction, the remainder of i.ts provisions are to be given fu1J. force and effect as if the o��ending por- tion did not e�ist. ATTEST: CITY �E �ORT WQRTH By: City 5ecretary �.ibby Watson, Assistant City _ Manager APPROVED AS TO FORP2 .ADTA LEGALITY: �� �ity torney of ort Worth Dat e : � � Z �r��� A�.'TEST: City 5ecretary CZTY OF Westav�r Hi1.1s Sy: APPROV�D AS TO �'ORM AN� LEGALiTY: Ci�y A�tq�ney of Wes�over Hi13.s Date: Earl Shaelds, i+�layo�c 0 0 A,'��'ACHM�NT ,�B" 20Q}. - 2002 Fire Prot�ction Charges to Westover Hills: (a} For� Warth Pex Capita Cost af Fare Protection (bj Wes�over Hi11s Population to be Pro�ected (c} Westaver Hi].�s Hazard Pc�tential Eactar (d) Serviee Level 2 (90$) $146.54 658 1.478 $�.28, 262.34 c �hzs category, conside�ation is given to area, accessibility, and ground cover. D_ O�her Fire Protectaan Factors_ This includes water supply, fire and building codes and �heir en£orcement, S�x1��lErSr standpipes, and smoke and heat detectoxs. E. Special Fac�ors. Any special fac�ors unique ta ��tentiai protec- tion.area and inconsasten� with the Fire �epartment's experience. A11 ratings of the potential pratect�on area are dane based an the re- Iataanship o� each fac�or to the "norm" of �ort Wor�h. A rating af � means that a factor is approximately the same as is cammon to like facto�s in �he City of Fort Worth; a greater hazard �actor would receive a hi.gher ra�ang, UncFe� no circumstances would the Hazard Fac�ar }ae less than the 1.0 factor applied to the City a� Fr�xt Wor�h. TV. LEVEL (�F' SERVICE TO BE PEZOVID�i7 Th� final fae�or a�n the formula allows a clzent ca.ty �o choose one of four Ievels of servic�: to tae provided l�y �he Fise Department. F�evel 1 Full fire protec�ion service, including fuZl �ire suppression; emergency medical fixst responder ser�zces; inspection af al1 schoals, water hydrants, commercial establishments, and churches; arso�z investigatic�n; bomb squad; �ire safe�y educa�ian; hazaxdous mat�rials response; eme�'gency manaqetnent; a1.1 othe� �ire se�vices received by �'oxt frlorth residents. The cost of La�rel 1 sexvice is based on the fn11 per capi�.a cost o� Fort Worth fire pratectian. Leve]. 2 Full fire supp�ession se�vzce, emergeney medical serrvices firs� responcisr S0Z'VJ.C2� inspection of water hydran�.s, and hazardous materia�.s inci.dant response. If �he Fort Wor�h Fire �epartment inc5.dent Cammander de�ermknes that any spec.ialized services, in.- cluding but no� l.i�nited to hazax'dous materia].s response, techni- cal rescuc:, and/or emexgency medical services are reguired for a par�icular incident xesponded to in �khe contracting city kay the Fort Warth Fzre Departmen� the con�racting city will not be charged fox such additional services. Leve2 2 service is prov�ded fox 90% of the fu11 per capita cas� of �'ort Worth �ire protec- tion. Le�rel 3 Nearest one-a7,ar�n assagnment. �'or this level of service the �'ire Depaztment will respond to tne nearest one-alarm assigrimen�, whzch includes, on averaqe, two Pump companies, one Ladder com- pany, and one Sattalion Chi.ef. This ievel of ser�rice does not in- c�ude emergency medica�. firs� r�spohder sexvice or hazardous ma- terials respans€�. If the Fart frlo�th Fire Depaxtment Incident Commander determines that any speca.alized services, including bu� not �.imited to hazardous materials response, technical rescue, andfor emergency medical servi.ces are requix�d far a�articular incident responded to in the contracting city by the Fort Worth Fa.re I7epartment the cant�acting city will nat be charged for such additional services. Leve� 3 service is p�avided at 60$ of the per capi�a cost of Fort Worth �ire protecta.on.