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HomeMy WebLinkAboutContract 41206CITY SECRETARY CONTRACT NO. ::t \ci>t:::) \a_" DALLAS /FORT WORTH INTERNATIONAL AIRPORT 3200 EAST AIRFIELD DRIVE, P.O. BOX 619428 DFW AIRPORT, TEXAS 75261-9428 www.dfwairport.com T 972 973 8888 F 972 973 5751 INTERLOCAL AGREEMENT FOR FIRE SERVICES This lnterlocal 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 Tom Higgins , its duly authorized Assistant City Manager, and Dallas/Fort Worth International Airport Board (herein after called DFW Airport"), acting by and through Jeff Fegan , its duly authorized Chief Executive Officer. Fort Worth and DFW Airport 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 on an as requested basis ; and WHEREAS, the Texas Government Code , Chapter 791 , the "lnterlocal 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 Prov isions in Attachment B, which is attached hereto and considered a part hereof for all purposes . II. Costs Reimbursed. DFW Airport 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 suppressi C11TT-mrrttF· ~----, including but not limited to fuel , mechanical wear and tear, Personal RECORD CI TY SECRETA RY FT. WORTH, r:x Equipment , Emergency Medical Supplies , and employee wages and benefits ; provided , however, that special fire suppression methods are not an ordinary operating cost. 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. Ill. 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 Party and regardless of whether such employees were acting under the authority, direction , suggestion or orders of an officer 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 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 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 travel , food , and lodging or any benefits or payments to which an individual is entitled shall be paid by the Party in which the employee in question is regularly employed . All equipment used by the responding Party in carrying out this Agreement will , during the time response services are being performed , be owned, leased , or rented by such responding Party . All employees acting on behalf of a responding Party at the request of a requesting Party will , during the time response services are being performed, be _employee members of the responding Party 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 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 employer. 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 : Tom Higgins, Assistant City Manager 1000 Throckmorton St. Ft. Worth , Texas 76102 Dallas/Fort Worth International Airport Board Department of Public Safety Attn: Brian McKinney , Fire Chief PO Box 610687 DFW Airport , Texas 75261-0687 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 . VIII. 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, 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 construed in accordance with the laws of the State of Texas . 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 i nure to the benefit of Fort Worth and DFW Airport 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 DFW Airport , 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 Majeure. 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. XIX . Right to Audit. DFW Airport agrees that Fort Worth will have the right to audit the financ ial and business records of DFW Airport 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 , DFW Airport shall make all Records available to Fort Worth at 2900 E. 28th Street , DFW Airport Texas following reasonable advance notice by Fort Worth and shall otherwise cooperate fully with Fort Worth during any audit. Fort Worth agrees that DFW Airport will have the right to audit the financ ial 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 DFW Airport at 1000 Throckmorton Street , Fort Worth , Texas following reasonable advance notice by DFW Airport and shall otherwise cooperate fully with DFW Airport during any audit. Notwithstanding anything to the contrary herein , this Section XIX shall survive expiration or earlier termination of this Agreement. [THE REMA INDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK .] ATTEST: APPROVED AS TO FORM AND LEGALITY: Date: _11 ~/d_lf~lj _O ___ _ ATTEST: APPROVED AS TO FORM AND LEGALITY: Airport Date : // / / 9 / I 0 / 7 I NO M&C REQUIRED APPROVED : OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ATTACHMENT "A" AUTOMATIC AID RESPONSE Explanatory note: Upon receipt of the report of an incident requiring response in their own respective cities, the Fort Worth and DFW Airport fire departments may normally dispatch the level of resources described in Section I.A below to the reported locations . For the purposes of this agreement, automatic aid in the amount of resources described will be dispatched by one entity into the other entity 's jurisdictional limits, if the incident is reported in any of the geographical areas listed below. 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 DFW Airport with an engine, quint, or truck company staffed with a minimum of three personnel on all reported structure fires within a specified area of the Airport. This area is defined to be within the following boundaries : Fort Worth 2010 Mapsco page 56 grid D and H will comprise the boundary of said area . B. DFW Airport: The DFW Fire Department will respond into Fort Worth with an engine or quint company staffed with a minimum of three personnel into four distinct areas of the City for reported structure fires an/or major vehicle accidents as specified below. This area is defined to be with the following boundaries: Fort Worth Mapsco page 56 grids H, K, L, and M will comprise the boundary of said area. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK .] II MUTUAL AID RESPONSE (non-automatic) A DFW Airport : 1. Calls for assistance during "working " structure fires shall be given on an "as needed basis" by DFW Airport and shall include one engine , quint , or truck staffed with a minimum of 3 firefighters. All such responses are subject to availability of personnel and equipment. 2 . Calls for assistance with specialized ARFF truck with foam capabilities subject to availability of personnel and equipment. 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 . Grass Fires -will respond with (1) brush truck or tanker upon request. All such responses are subject to availability of personnel and equipment. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK .] ATTACHMENT "8" 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 Party. The Parties would 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 , it is deemed appropriate and in the best interest of the public for the entity receiving the alarm to dispatch its forces and to notify the other affected entities of the alarm . The requested entity will respond , if able to , as conditioned by this agreement. C. In the event that the responding Party is unable to respond to the 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 made . 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 are 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 DFW Airport and Fort Worth 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 from the requesting Party when the services of the responding Party are needed within the area for which it normally provides fire protection. 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 . 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. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.]