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HomeMy WebLinkAboutContract 41206-A1AMENDED INTERLOCAL AGREEMENT FOR FIRE SERVICES This Amended 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 Charles Daniels , its duly authorized Assistant City Manager , and Dallas/Fort Worth International Airport Board ("DFW Airport "), acting by and through Jeffrey P . 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 Texas Government Code , Chapter 791, the "l nterlocal Cooperation Act ," authorizes local government entities to enter into interlocal contracts for govern mental purposes; and WHEREAS , the Texas Government Code 791 .006 specifically authorizes interlocal agreements for fire serv ices ; and WHEREAS , the governmental entities of Fort Worth and DFW Airport prev iously entered into an lnterlocal Agreement for Fire Serv ices , pursuant to Fort Worth Contract 41206 and DFW Airport Resolution 2010-11-268 , and desire to update and amend that agreement ; 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 pa rt 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 i ncurred 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 . The Parties agree that a party requesting aid ("Requesting Party ") shall not be required to reimburse a party providing aid ("Responding Party ") for costs incurred during the first Operational Period , defined as a period of time beginning at the time of the request for mutual aid and lasting for twenty-four (24) hours . A Requesting Party shall be required to reimburse a Responding Party for actual costs other than ordinary operating costs incurred after the first Operational Period . lnterlocal Agreement for Fire Services between City of Fort Worth a nd FW Ai rport OFFI CIAL RECORD CITY SECRETARY FT. WORTH, Page 1 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 the governing bodies of both Parties , as evidenced by the signatures of their duly authorized representatives . The Effective Date of this Agreement shall be the later execution date shown on the signature page below . This Agreement shall renew automatically for successive one-year periods unless the governing body of either Party terminates it. Termination shall be without penalty and shall be effective upon sixty days ' written notice to the other Party . IV. Liability. Each Party to this Agreement shall at all times be and remain legally responsible for the conduct of its 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 serv ices 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 . lnterlocal Agreement for Fire SeNices between City of Fort Worth and DFW Airport Page 2 At all times while equipment and personnel of the Responding Party are traveling to , from , or within the geographical li mits 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 any immunity or defense , under the Texas Tort Claims Act or otherwise , that either Party, its officers, employees or agents may have . 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 othe r. Subject to the te rms of this Agreement, each Party shall have the right to control the details of its performance hereunder . VI. Notice. Unless otherw ise provided herein, al I notices required or permitted by this Agreement shall be made to the following addresses : City of Fort Worth Fire Department Attn: Fire Chief 1000 Throckmoton Fort Worth , Texas 76102 Dallas /Fort Worth International Airport Board Department of Public Safety Attn : Fire Chief PO Box 610687 DFW Airport , Texas 75261-0687 VII. Expenditure of Funds. A Party that performs services, furnishes aid , or makes payments to the other Party for services or aid provided pursuant to this Agreement shall do so with funds available from current revenues of the Party . Neither Party shall have any liability for failure to expend funds to provide services under this Agreement. VIII. Compliance. Both Parties shall comply with all Federal , State and C ity statutes, ordinances and regulations applicable to the performance of the services under this Agreement. ln terlocal Agreement for Fire Services between City of Fort Worth and DFW Airport Page 3 IX. Entire Agreement. This Agreement contains the entire agreement and understanding between the Parties, 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: Revisions. 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. The Parties acknowledge that the attachments to this Agreement contain operational details, such as specific response locations and resources, that may be subject to change from time to time. Both Parties agree that when operational changes are necessary, the attachments to this Agreement may be updated or revised by appropriate action of the Fort Worth City Manager, or authorized designee, and of the DFW Airport Chief Executive Officer, or authorized designee, without need for additional official action by the governing bodies of the Parties . Revised attachments shall become effective on the date specified in each attachment. 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. 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 or transfer its interest herein without prior written consent of the other Party . Any attempted assignment 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 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 . lnterlocal Agreement for Fire Seivices between City of Fort Worth and DFW Airport Page 4 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 financial 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. 28 1 h . 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 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 DFW Airport at 1000 Throckmorton Street , Fort Worth , Texas, following lnterlocal Agreement fo r Fire Services between City of Fort Worth and DFW Airport Page 5 reasonable advance notice by DFW Airport and shall otherwise cooperate fully with DFW Airport during any audit. Notwithstanding anything to the contrary herein , the requirements of this Section shall survive the termination of this Agreement. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] lnterlocal Agreement for Fire Services between City of Fort Worth and DFW Airport Page 6 EXECUTEDthis ~ayof ~ ,2013. ATTEST: CITY OF FORT WORTH EXECUTED this Ji_ day of Aii,...--, 2013 . ATTEST : DALLAS/FORT WORTH INTERNATIONAL AIRPORT BOARD By ~/~ · rey ,izi'. Fegan Ch~f Executive Officer ... t(i y~:1 . CoRt~act ~uthorizatioa Date lnterlocal Agreement for Fi re Services between City of Fort Worth and DF\fl A irport Pc se 7 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ATTACHMENT A I. INCIDENT RESOURCE TYPES This Agreement covers the following incident resource types : Structural : Apparatus and crew that responds t o traditional municipal fire department incidents . These apparatus include but are not limited to eng ines , quints , trucks , aerial platfo r ms, battalion vehicles , mobile ventilation unit, breathing air support , utility , water tenders/tankers and similar apparatus . ARFF : Apparatus and crew that responds to aircraft related incidents. These apparatus include but are not limited to Mass Appl ication , High Reach Extendab le Turret , Rapid Intervention , AFFF Foam Tender/Tanker and similar apparatus . Techn ical Rescue : Apparatus and crew that responds to any special incidents involving high angle rescue , trench rescue , confined space rescue , cave rescue , collapse rescue , water and swiftwater rescue , dive recovery , machinery or vehicle rescue or any other special or unusual emergency or rescue . These apparatus include but are not limited to heavy , medium and light rescues , utility and squad apparatus . Fire Investigator : Apparatus and crew that responds to any incident requiring fire investigation . These apparatus include but are not limited to any apparatus that provides support to the investigation of an inc ident. Wild land: Apparatus and crew that responds to a wildland or urban interface incident. These apparatus include but are not limited to brush trucks, Type I, II, Ill , IV , V , VI and brush patrol eng ines , water tenders/tankers and similar apparatus. Haz-Mat/WMD : Apparatus and crew that respond to hazardous materials and weapons of mass destruction incidents includ ing explosive ordinance disposal. These apparatus include but are not limited to Haz-Mat , utility , squad , mass decontamination , born b removal and disposal and sim ilar apparatus . l nterlocal Agreement for Fi re Services between City of Fort Worth and DFW Airport Page 8 EMS : Apparatus and crew that respond to Emergency Medical Incidents including Mass Casualty (MCI). These apparatus incl ude but are not limited to MCI apparatus and trailers , MCI support , AmbuBus (multiple patient transports), EMS Support and similar apparatus . Incident Management: Apparatus and crew that respond to incidents requmng large amounts of Command and Control capabilit ies . These apparatus include but are not limited to Mobile Command , Mobile Communicati ons , Personnel Re -hab and similar apparatus . Special Types : Apparatus , trailers or any other mob ile or fi xed asset that can be used in mitigat ing an emergency response . These resources include but are not lim ited to heavy equipment , support veh icles , fueling t r ucks , All Terrain Vehicles (ATV), heavy transport vehicles , anything not covered in the above and similar. II. AUTO MA TIC AID RESPONSE For the purposes of this Agreement , automat ic aid in the amount of resources described in this Section II will be dispatched by one party into the other party 's jurisdictional li mits , subject to the Operating Provis ions in Attachment B , if the incident is reported in any of the geographica l areas listed below . Also for purposes of this Agreement , "reported " is 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 Response : The Fort Worth Fire Department will respond into DFW Airport w ith the resource types appropriate for the incident reported , staffed with the number of personnel required by the Fort Worth Fire Department, on all incidents requiring additional resources . The Automatic Aid Response Area within DFW A irport is defined to be within the follow ing boundaries: Fort Worth Mapsco 41 51 Ed ition coordinates (page/grid): 27P ,27T ,27U ,27V ,27Y ,27Z . 28C , 280 , 28G , 28H , 28L , 28M , 28P , 28Q , 28R , 28S , 28T , 28U , 28V , 28W, 28X , 28Y , 28Z . 41C ,41D ,4 1H,4 1M . ln te rlocal Agreeme nt for Fire Services bet wee n City of Fort Worth and DFW A irport Page 9 42A ,42B,42C , 42E ,42F ,42G, 42H , 42J ,42K ,42L ,42M ,42N , 42P ,42Q , 42R ,42S ,42T,42U,42V,42X ,42Y ,42Z . 56B ,56C , 56D,56F ,56G ,56H . Dallas Mapsco 60th Edition coordinates (page/gr id): 118 , 11E, 11F , 11J , 11K, 11N, 11P , 11S , 11T , 11W, 11X , 11Y , 11Z. 21A , 21B ,21C , 21D , 21E ,21F , 21G , 21H , 21J ,21K , 21L , 21M ,21N , 21P , 21Q ,21R,21S ,21T ,21U ,21V,21W ,21X,21Y,21Z. 21AA , 21AE , 21AJ , 21AK, 21AL , 21AP , 2 1AQ , 21AU . 31A ,31B ,31E ,31F ,31J ,31K . B. DFW Airport Response: The DFW Fire Department will respond into Fort Worth with an engine or quint and a truck staffed with a minimum of three ARFF tra ined personnel each , as well as the Mobile Command Post , staffed with a minimum of 1 ARFF firefighter, and a Trauma apparatus staffed with a minimum of 1 ARFF/Paramedic trained personnel , and 2 MICUs staffed with 2 ARFF/Paramedic trained personne l each , for reported aircraft incidents within the boundaries shown below . For incidents requiring other resource types identified in Section I above , the DFW Fire Department will respond into Fort Worth w ith resources appropriate for the incident reported , staffed with the minimum number of personnel required by the DFW Fire Department. The Automatic A id Response A rea within the City of Fort Worth is defined to be within the following boundaries . 111. Fort Worth Maps co 41 st Edition coordinates (page/grid): 56K , 56L , 56M . MUTUAL AID RESPONSE (non-automatic) A. Fort Worth Response The Fort Worth Fire Department will respond to calls for assistance during incidents on DFW Airport property other t han w ithin the Automatic Response Area identified in Section II.A above on an "as needed basis ." Fort Worth response shall include resource types appropriate for the incident, including but not limited to structural , ARFF , Technical & Water Rescue , Wildland , Hazmat/WMD , staffed with a minimum number of personnel based on Fort Worth's staffing plan . lnterloca l Ag reement fo r Fire Se rvi ces betwee n C ity of Fort Worth and DFW Airpo rt Pag e 10 B. DFW Airport Response DFW Airport Fire Department will respond to calls for assistance during incidents anywhere in the City of Fort Worth other than within the Automatic Response Area identified in Section 11.B above on an "as needed basis ." DFW Airport response shall include resource types appropriate for the incident, staffed with a minimum number of personnel based on DFW Airport's staffing plan . lnterloca l Agreement for Fire Serv ices between City of Fort Worth and DFW Airport Page 11 .. ATTACHMENT B Operating Provisions 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 . All firefighters provided by the Responding Party shall be certified by the Texas Commission on Fire Protection and/or qualified to perform all duties and tasks identified in Attachment A, Section Ill.A. All personnel responding to incidents identified in Attachment A shall be certified or trained as may be required by applicable law or regulation. 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 , as conditioned by this Agreement. C. In the event that the Party whose aid is requested is unable to respond to a request for assistance , the Fire Chief or designee of that Party shall immediately notify the Fire Department of the Request ing Party that no response can be made. No Party shall be required to respond to a request for assistance unless it determines that it has sufficient resources to do so , based on current or anticipated events within its own jurisdiction . 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. The Requesting Party 's officer in charge shall release the Responding Party 's personnel and resources when those services are needed within the area for which the Responding Party normally provides fire protection. The Responding Party also shall be released by the Requesting Party when the services of the Responding Party are no longer required or when the Fire Chief of the Responding Party determines in his/her sole discretion , that further assistance should not be provided . The Responding Party's personnel and other resources shall remain subject to recall by the Responding Party at any time , subject to reasonable notice to the Requesting Party . lnterlocal Agreement for Fire Services between City of Fort Worth and DFW Airport Page 12 . . 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 and shall conduct any other training as may be required by applicable law or regulation . l nterloca l Agreement for Fire Serv ices between C ity of Fort Worth and DFW Airport Page 13 iv1ocL-Kev1ew Page 1 of2 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FORT WORTH ~ COUNCIL ACTION: Approved on 2/5/2013 DATE: 2/5/2013 REFERENCE **C-26087 LOG 36FWFDDFWINTERLOCALAGREEMENT NO.: NAME: CODE: PUBLIC C TYPE: CONSENT HEARING: NO SUBJECT: Authorize lnterlocal Agreement with the Dallas/Fort Worth International Airport Board for Mutual and Automatic Aid Fire Protection (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize an lnterlocal Agreement with the Dallas/Fort Worth International Airport Board for mutual and automatic fire protection. DISCUSSION: The City of Fort Worth (Fort Worth) and the Dallas/Fort Worth International Airport Board (DFW Airport) previously entered into an lnterlocal Agreement for Fire Services (City Secretary Contract No . 41206) and desire to update that Agreement. The previous contract limited services to specific incident types. The new Agreement will expand fire services for all hazards. The Texas Government Code, Chapter 791 authorizes local government entities to enter into lnterlocal Agreements for fire services. Mutual and automatic aid is an Agreement between two or more government entities for their fire departments to respond to formal requests for assistance under specified conditions. Neighboring fire departments often enter into mutual and automatic aid Agreements to augment emergency response resources at major incidents or to gain emergency response in difficult-to-cover areas within a jurisdiction . Automatic Aid Upon receipt of the report of an incident requiring response in their own respective areas, Fort Worth and DFW Airport fire departments may normally dispatch the level of resources to specified areas of each others jurisdiction . For the purposes of this Agreement, automatic aid in the amount of resources described will be dispatched by one jurisdiction into the other's jurisdictional limits, if the incident is reported in specified geographical areas . Mutual Aid Under the new Agreement and upon notification by DFW Airport, the Fort Worth Fire Department will respond to calls for assistance during incidents on DFW Airport property other than within the automatic response area on an "as needed basis ." Fort Worth response shall include resource types appropriate for the incident, including but not limited to structural , Aircraft Rescue Firefighting (ARFF}, Technical & Water Rescue , Wildland , Hazmat/WMD, staffed w it h a minimum number of personnel based on Fort Worth's staffing plan. DFW Airport Fire Department will respond to calls for assistance during incidents anywhere in the City of Fort Worth on an "as needed bas is ." DFW Airport response sha ll include resource types appropriate for the incident, staffed with a minimum number of personnel based on DFW Airport's staffing plan . When either party responds to a n incident and it is det erm in ed t hat t he i ncident is in the other party's jurisdiction , the respond ing party will remain at the incident until th e other party or any other appropriate first responders arrive and relieve the party of its d uties. The terms of this Agreement include: http ://apps.cfwnet.org/council _packet/m e_ review .asp?ID= 17 968&councildate=2/5 /2013 4/5/2013 1v1ou.., Kev1ew Page 2 of2 and The term is one year, beginning when both parties have signed the Agreement and renewing automatically for additional one year periods; Either party may terminate the Agreement upon a 60 day written notice given to the other party; Each party will be responsible for any civil liability arising from the conduct of its own employees as limited by the Texas Torts Claim Act; Each party shall be solely responsible for any and all benefits applicable to its own employees; Each party agrees to reimburse the other party for actual expenses, other than personnel and ordinary operating costs, incurred in performing aid. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS FROM Fund/Account/Centers Charles Daniels (6199) Rudy Jackson (6801) Rudy Jackson (6801) http://apps.cfwnet.org/council _packet/me _review.asp?ID= 17968&councildate=2/5/2013 4/5/2013