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HomeMy WebLinkAboutContract 60665CSC No. 60665 INTERLOCAL AGREEMENT FOR FIRE SERVICES BETWEEN THE CITY OF FORT WORTH AND HASLET FOR MUTUAL AID FIRE SERVICES This lnterlocal Agreement for Fire Services ("Agreement") is entered into by and between the City of Fort Worth ("Fort Worth"), a home-rule municipality in the State of Texas, acting by and through Valerie Washington, its duly-authorized Assistant City Manager, and the City of Haslet ("Haslet"), a Type-A general law municipality in the State of Texas, acting by and through Gary Hulsey, its duly-authorized Mayor. Fort Worth and Haslet are sometimes hereinafter referred to individually as the "Party" and collectively as the "Parties." WHEREAS, the governmental entities which are Parties to this Agreement desire to enter into an agreement concerning mutual aid fire services; WHEREAS, the Texas Government Code, Chapter 791, the "lnterlocal Cooperation Act," and other applicable law, including, but not limited to Chapter 775, Texas Health & Safety Code, authorizes local government entities to enter into interlocal contracts for governmental purposes; and WHEREAS, the Texas Government Code 791.006 and Texas Health & Safety Code 775.031 specifically authorize 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 incorporated herein for all purposes. The services performed shall be subject to the Operating Provisions in Attachment B, which is attached hereto and incorporated herein for all purposes. II. Costs Reimbursed. / Haslet 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, or as may otherwise be required by applicable federal or state statute, law, rule, or regulation. 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. The Party in whose jurisdiction the incident occurs shall reimburse the responding party for all costs, including, but not limited to, labor, payroll, equipment damage or use, and any and all other expenses incurred pursuant to this Agreement after the first operational period of a response hereunder. For the purposes of this Agreement and for claims for reimbursement from the appropriate local, state, or federal agency or entity, the first operational period shall be the first twelve (12) hours from time of dispatch. Personnel who are assigned, designated or ordered to perform duties pursuant to this Agreement, shall receive the same wage, salary, pension, and all other compensation and rights for the performance of such duties, including injury or death benefits, and Workmen's Co mpensation benefits, as though the service had been rendered within the limits of the CFW & Haslet Mutual Aid ILA 1 entity where he or she is regularly emp[oyed. Moreover, all medical ex�enses, wage and disability payments, pensian payments, insurance, damage fio equipment ar�d clothfng, and expense of travel, food and lodging shall be paid by the entity in which the employee in question is regularly employed or far whom said indi�idual �olunteers, except for those payments each Party is required to pay under fihis Agreement. IIl. Term of Aqreement and Termination. The term of this Agreement shall be for one year beginning upon appro�al by both Parties and renewing upon the written mutual consen� of the Parties far additional or�e-year periods. Either Parky may �e�minate this Agreement upon sixty-day notice in writing to the other Parfy. IV. Liabilitv Each Party to this Agreement shall at all fimes be and remain legally responsible for the canduct of their respecti�e fire department or other personn�l r�gardless of whether such personnel were perForming dut�es under t�is Agreement at fhe request of �he requesting Party and regardless of whether such personnel were acting uncE�r the authority, di�-ection, suggestion or orders of an officer af the requesting Parky. This assignment of civil liability is specifically permitted by section 791.006(a-1) of the Texas Go�ernment Code ("Code") and is intended to be different than the liability otherwise assigned under section 791.006(a) of the Code. Each Par�y hereby waives all ciaims against the other Party for compensation for any loss, darnage, personal injury or death occurring as a consequence of th� p�rfarmance of #his Agreement. Each party shall only be responsible for dar�ages, injuries, ar death to its personnel whi[e performing services under this Agreement. Each Party shafl not be liable for benefits or any other compensation for injuries or death of the other Party's personnel while performir�g ser�ices under this Agreement. All personnel performing service hereunder shall be deemed to be perForming services when en route to, en route from, or at the scene of a call ar emergency. The Parties agree �hat the act of any person or persons while fighting fires, providing rescue services, pro�iding first response EMS services, traveling #o ar from any type o# emergency call or emergency scene, or in any manner furnishing services in accordance with this Agreement, or any supple�nent th�reto, shaH be the act of the party perForming such acts. The payment of any and all civil or other liability, including negligence, resulting from the furnishing of services under this agreemen# is the responsibility of the individual Party performing such acts ta the extent permitted by law. This shall spec�fically inc[ude, but not be limited to, the payment af all court costs, exp�nses, and aftorneys' fees resulting from any such iitigation. Specifically citing Texas Gavernment Code Section 791.006 (a- 1), the Parties agree that, for purposes of determining civil liability far non-parky claims, the act of any person ar persons while fighting fires, providing rescUe services, proWiding first response EMS services, tra�eli�g to or from any type of emergency call or emergency scene, or ir� any manner furnishing services in accordance wifih this Agreernent, shall be the ac� of the F'arty performing such act. It is expressly understoad and agreed that this Agreement does not waEve any right, immunity, or defense that would otherwise be available to a Party against any claims arisir�g from activities performed under this Agreement. It is �xpr�ssly understood and agreed tE�at, in the execution af thEs Agreement, no Party waives, nar shall be de�med CI'W & Haslet Mutual Aid ILA hereby fo waiWe, any right, immunity, or defense that would otherwise be a�aila�le to it, i�s employees, volunteers, officers, commissioners, agents, or representatives against claims arising from or related to the p�rformance of this Agreement pursuant to the Texas Tort Claims Act or other applicable state or federal statute, law, rule, or regulation. Persannel who are assigned, designated, or ardered by their governing bady to perfarm dufies pursuant to this Agreement shall receive the same wage, salary, pension, and a!I other compensatio�, bene�fis and rights for the perf'ormance of such dufies, including injury or death benefits and Worker's Compensation benefits, as though the ser�ice had been rendered within the limits of the requesting Party where he or she is regularly employed. All wage and disability payments, pension payments, damage to equipment and clothing, medical expenses, and expenses of tra�el, food, and lodging or any benefits or payments to which an individual is entitled shall be paid by the Party in which the individual in question regularly provides service. All equiprnent used by the res�onding Party in carrying out this Agreernent will, during the time respanse services are being performed, be owned, leased, or rented by such responding Party. All personnel acting on behalf of a responding Party at the request of a requesti�g Par#y will, during t�e time response services are being per�ormed, be personnel of the responding Par�y for all purposes, includirtg any claims for W�rker's Compensation t�at may arise during the time such s�rvices are being rendered. At all iimes while equipment and personnel of t�e responding Party ar� tra�eling to, from, or within the geograp�ical limits of the normal response area of the reques#ing Party in accordance with the terms af this Agreement, such personnel and equipment shall be deemed to be employed ar used, as the case may be, in the ful! line and cause of duty of the responding Par#y. Further, such personnel shall be deemed to be engaged in a governmental �unction of their Party. V. independent Contractor, Each Party shall aperate under this Agreement as an ind�pendent contractor, and not as an agent, representative, servant or employee of t�e other. Subject �o the terms of this Agreement, each Party shall have the right to cor�trol �he details of its perforrnance h�reunder. VI. Notice. Unless otherwise pro�ided herein, all �atices required or permitted by th9s Agreemenf shall be made to the following addresses: City of Fort Worth Cify Manager's Office Attn: Valerie Washington, Assistant City Manager 200 Texas St. Ft. Worth, Texas 76102 �`copy also sent to Fart Warfih's City Attorney's Office at the same addr�ss CFW & Haslet Mutual Aid TLA City of Hasiet Attn: Gary Hufsey, Mayar �01 Main Street Haslet, TX 76052 Copy sent to: Brown & Hofineister, L.L.P. Attn: Jeremy Page, City Attarney 740 East Campell Road, Suite 80D Richardson, Texas 75081 VII. Pa�ymenis. Any and all payments arising under �his Agreement for the perFormance of governmental funcfiions or services must be made frorn current re�enues available to the paying ParEy. Vlll. Compliance, Both Parties shaf[ cflmply witi� all Fec�eral, State and City statutes, ardinances and regulations appficable fo the performance of the services under this Agreement. IX. Entire Aqreement. This writing embodies the ent{re agreement and understanding between the Parties herefio, and fhere are na other agreeme�ts and understandings, oral or written, with referer�ce to the subject matter hereof that are nofi merged herein and superseded hereby. For the avoidance of doubt, that prior Interlocal Agreement for F'ire Services {Fort Wo�th Cifiy Secrefiary Contract No. 52431) and that Amendment No. 1 to City of F'ort Worth Con#ract 52�31 (CSC No. 52431-A1) are hereby terminated and superseded by this Agreement in their entirety. X. Amendments. No alteration, c�ange, modification or amendment of the terms of this Agreement shall be valid or effective unless made in writing and signed by both Parties herefio and approved by appropria#e action of �he governing body of each Party. XI. Waiver. No wai�er of perFormance by either Party shail be construed as or operate as a waiver of any subsequent default of any terms, covenants, and conditior�s af this Agreement. The payment or acceptance af fees for any period after a default shalf not be deemed a waiver of any righ� or acceptance of de#ective perFormance. XII. Governing L.aw and Venue. If any action, whether rea[ ar asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such ackian sha�l lie in state courts located in Tarrant Caunty, Texas or Denton Co�nty, Texas. This Agreement shall be construed in CFW & Haslet Muhial Aid ILA accordance with the laws of fhe State of Texas. Xlll. Successors and Assians. Neither Party hereto shall assign, subfet or transfer 9ts interest herein without prior written cansent of the other Party, and any attempted assignment, sublease or transfer of all or any part h�reof withoui such prior written consent shall be �oid, This Agreement shall be binding upan and shall inure tn the benefit of For� Wo�th and Haslet and their respective successors and permitted assigns. XIV. No Third-Party Ben_eficiaries. The provisior�s and condiiions of this Agreement are solely for the benefit of Fort Worth and Haslet, and any lawfu! successor or assign, and are not intended to create any rights, contractual or �fherwise, to any other person or entity. XV. 5everabilitv. If any provEsion of this Agreement shall be hefd to �e in�alid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall nat in any way be affected or irnpaired. XVI. Force Majeure. It is expressly understood and agreed by the Parties to this Agreement that if the performance of any obligations hereunder is dekayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions, regulations, or interferences; fir�s; 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 �aermitted under the terms of this Agreement to do or per�orm the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the Party so obligated or permitted sha�l be excused from doing or perForming the same during such period of delay, sa that the time period applicable to such requirement shall be exkended for a period of time equal to the period such Parky was delayed. KVII. Contract Construction. The Parties ackr�owledge that each Party and, if it so chaoses, its counsel have reviewed and revised this Agreement and that the normal rule of construction ta the efFect that any ar�biguities are to be resol�ed against the draft�ng Party must not be empfoyed in the interprefation of this Agreement or any amendments or exhibits hereto. XVIII. Captians. Captions and headings used in fihis Agreement are for reference purposes only and shall not be deemed a part of this Agreement. XIX. Riqht to Audit. Haslet agrees that Fort Worth will have the right to audit the financial and business recards CFW & Haslet Mutual Aid ILA of Haslet 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, Haslet shall make all Records available to Fort Worth at 315 Morrow Road, Springtown, Texas, 76082 following reasonable advance notice by Fort Worth and shall otheiwise cooperate fully with Fort Worth during any audit. Fort Worth agrees that Haslet 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 Haslet at 200 Texas St., Fort Worth, Texas 76102 following reasonable advance notice by Haslet and shall otheiwise cooperate fully with Haslet during any audit. Notwithstanding anything to the contrary herein, this Section XIX shall survi ve expiration or earlier termination of this Agreement. XX.This Agreement is made for each respective fire department as assistance pursuant to Chapter 418 of the Texas Government Code, and other applicable law, and nothing in this Agreement is intended to limit the availability of benefits to each Party's personnel under Chapter 615 of the Texas Government Code, as amended, and as it may be amended in the future. [SIGNATURE PAGE FOLLOWS] [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] CFW & Haslet Mutual Aid ILA 6 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in multiples. ACCEPTED AND AGREED: CITY OF FORT WORTH: BY· Va�erie Washineton (Dec 29 2023 11 ·02 CST) Name: Valerie R. Washington Title: Assistant City Manager Date: Dec 29, 2023 APPROVAL RECOMMENDED: By: J/i,,tfos Davis (Dec 28, 2023 12:21 CST) Name: James Davis Title: Fire Chief ATTEST: � ;,. � By: U Name: Jam1ette Goodall Title: City Secretary CITY OF HASLET: By: Name: Title: Date: CFW & Haslet Mutual Aid ILA CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all perfonnance and reporting requirements. By:SUUvMS� Name: Gina Santillan Title: Assistant Fire Director APPROVED AS TO FORM AND LEGALITY: /I >t-d,u,:;, /J,LJJJJ,;,,,,. By: ·.,....,.,,-- Name: Andrea Phillips Title: Assistant City Attorney CONTRACT AUTHORIZATION: 7 ATTACHMENT "A" I. MUTUAL A1D R�SP�NS� {non-automatic) A. Fort Worth: Calls for assistance during "warking" incidenfis shall be gi�en on an "as needed basis," yet shall not exceed a normal one-aEarrn ass[grtment as determined by fhe F'ori Wort� Fire Department. AI1 such r�sponses are subject to availability of personnel and equiprnent. Upon notificatian by Haslet of a second afarm or greater fr�cident, Fort Worth will dispatch a minimum of one Fire Company comprised of a minimum of three paid firefighters and one Battalion Chief to any of the areas in the City of Haslet. B. Haslet: Calls for assistance during "warking" structure fires shall be given on an "as needed basis" by Haslet and shall incEude one enginelquint staffed with a minimum of 3 paid �refighters. All such responses are subject to availability of personnel and equipment. II. AUTOMATIG AID RESPONS� A. For automatic aid response please refer to Fort Worth CSC No. 60D96, page 2, Subsection A Services [TH� REMAINDER OF THIS PAGE fS INTENTIONALLY I.�FT B�ANK.] CFW & Haslet Mutual Aid ILA ATTACHMENT "B" Operating Provisions Any dispatch af equipment and personnei pursuant ta this Agreement is �ubject to the following conditions: A. Any request for aid here�nder shall include a statement of the amount and type of �qui�ment and number of personnel that are needed, but the amount and type of eq�ipment and number of personnel to be furnished shall be determined by a representative of the responding party. HasEet shal� provide a fire company staffed by certified firefighters as certified by the Texas Commission on �ire Protection. B. In areas where commo� jurisdictional boundaries exist, it is conceivable that accurate determination ofjurisdiction may not be possible upon receipt of an afarm. In such cases, it is deemed appropriate and in the best int�rest of the public for the entity receiving the alarm to dispatch its forces ar�d to notify the oth�r afFected entities of the alarm. The requested entity will respond, if able to, as conditioned by this agreement. C. In the �vent that the responding party is unabls to respond to the request for assis#ance, fhe fire chief or designee af the responding party shall immediately notify the fire department of the r�questing party t�at no response can be made. D. Personnel f�om the Fire Depar�ment of the res�onding party shall repor� to the officer in charge of the requesting party at the location to wh�ch the equipment is dispatched and shall be subject to the orders of that official. At all times the ultimate control and responsibility of the persannef from the responding party shall remain with the highest-ranking f�re ofFicer from fh� responding party at the scene. The Command Post will be staffed by representatives from both Haslet and �ort Worth so that a"Unified Cammand" is established. E. Personnel from the Fir� Department o� the responding party shall be released by the officer in charge frorn the requesting party when the services of the responding party ar� needed within the area for which it normally provides fire pratection. F. A working accountability system in accordance with NFPA guidelines shall be �stablished at every incident. G. The depar�ments shall conduck a minimum of one joint training session andlor exercise annually. All equipment used by the responding Fire Department in carrying out this Agreem�nt will, at the time of acfEon hereunder, be owned by it, CFW & Z�aslet Mutual Aid ILA