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HomeMy WebLinkAboutContract 44724 Cl.TY SEMARY CONTRACT N00..1qq111 INTERLO,CAL AGREEMENT BETWEEN THE CITY OF SAGINAW E CITY OF FORT WORTH FOR MUTUAL FIRE AID AND FIRE PROTECTION THIS " L L Agreement for Mutual ire d and I Services ("Agreement") is entered 'Into by and between, the City of' Fort Worth, a home rule municipality In the State of Texas ("'Fort Wort " , acting by and through Charles Daniels its y authorized Assistant City Manager, and the City of Saginaw, a home rule municipality in the State of Texas ""Saginaw"), acting by and th�r u h Nan Stanford,, its duly authorized City Manager. Fort Worth and Saginaw may be referred to, individually as the "Party", "Responding Marty or Requesting "arty" and collectively as the "'Parties" throughout this Agreement. WHEREAS, the Texas Government Code, Chapter a 7'9..... , the ;lnterl ....c 1 Cooperation ctf" authorizes local r nt entities to enter into nt rlocal contracts r golvernmiental purposes; and WHEREAS,, the Texas Government Code Section 791. specifically authorizes Interlocal agreements for fire aid and services; and R , the governmental entities that are Parties to this Agreement desire to enter into an agreement concerning mut l aid fire services on an as requests basis; and each Party, in performing governmental functions or in fundling the performance an of governmental functions, shall make that performance or those payments from current revenues legally available to that Party; and WHEREAS, each Pam finds that the performance of this Agreement is in the common interest f' both Parties, that the undertaking will benefit the public interest and that the division of costs fairly compensates the performing Pam for the services or functions under this Agreement. N�OW, THEREFORE, for the mutual promises and consideration set forth herein" the Parties r as follows,- SeMices to o me . The services t a performed under this rec ent a,re as listed in Attachment. "A"', which is attached hereto and incorporated by reference. The services performed shall be subject to the r tin Provisions in Attachment, "B", which is attached hereto and incorporated by reference. The Party requesting autornatic or mutual aid is referred t as the, "Requesting Party" while the a responding t the oth OFFICIAL CITY REC, O CE WC)RTH9 wT�kECEIVED automatic or mutual aid is referred to as the "Responding Party" throughout this Agreement. 11. Costs Rel*m,bu The Requesting Party agrees to reimburse the Responding Party for actual costs other than ordinary operating costs incurred in performance pursuant to this Agreement. "Ordinary operating costs" shall mean those costs incurred in the scope of performing normal fire suppression duties,, including but not limited to fuel', meth, nlical wee r and tear, personal protective equipment, emergency medical supplies, and employee wages and benefits; provided, however, that special fire suppression methods are not an ord'inary operating cost. Reimbursement of actual costs to the Responding Party, shall be made on an: incident-by-incident basis and shall be made upon the submission of an invoice by the Responding Party to the Requesting Party. Notwithstanding the above, each Party shall: be res ponsible for all costs associated with its own equipment, including damage and breakage., Ill. Term of AgEeement and Termination. the term of this Agreement shall be for one year beginning upon, the execution by both Parties and sh all automatically renew for additional one-year terms. Either Party may terminate this Agreement, with or without cause, upon providing the, other Party with sixty; (601) days, written notice. IV* L ia N I In providing fire protection services pursuant to this Agreement, each Party shall be legally responsible for the conduct of their respective employees, regardless of whether such empiloyees, are performing, duties at the request of or under the authority, direction, suggestion or order of the Requesting Party. This assignment of cIM"I Y liabii fl is speciTically perm ii:tted, by section 791.006(a-1) of the Texas, Government Code ("'Code") and is 'Intended to be diMerent than the HablHity otherwiise assigned under sect*lon 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 11 of this Agreement. Personnel who, are assigned, designated, or ordered by their employer to perform duties pursuant to this Agreement shall receive the same wage, salary, pension, and gull other compensation, benefits and rights for the performance of such duties,, including injury,, death or Workers, Compensation, benefits, as though the performance was rendered directly, to his or her regular employer. ill wage and disability payments, pension payments, damage to equipment and cl�othing�, medical expenses, travel expenses, Including food and lodging, or any benefits or payments, to which an employee is entitled shall be paid by the employee)s regular employer. All equipment used by the Responding Party to carry out thi's Agreement shall, during a Party's response to a request for service, be owned:, leased, or rented, by the Respoinding Party. All employees responding to a Party's request for service shall remain employees of the Responding Party during performance pursuant to this AgreementJor all purposes, At all times while equipment and personnel of the responding City 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 regular,employer. Nothing, herein shall be construed to be a waiver of immunity by either Party under Chapter 1011 of the Texas Civil Practice and Remedies Code, the "Tort Claims Act Vs, independent Contractor. In performing the duties under this Agreement,, each Party is acting as an iindependient contractor, and not as an agent, representative, servant or employee of the other Party. Subject to, the terms of this Agreement, each Party shall have the right to control the details of its performance hereundeir. Vila Notice. Unless otherwise provided, all notices required or permitted by this Agreement shall, be made to the fol,lowing addresses. City of Fort Worth City Manageir's Office Attn: Tom Higgins, City Manager 1000 Th rockmorton Sit. Fort Worth, Texas 761012 d, With a copy to* City of Fort Worth Attn: City Attorney I Throckmorton Fort Worth, Texas 76,102 City of Saginaw City Manager's Office Attn: Nian Stanford P.O., Box 79070 Sault inaw, 'Texas 761719 VIL Payments. $I 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. Each Party shall comply with all Federal, State and City statutes, ordinances and regulations applicabile to the performance of the services under this Agreement. 1XI Enfire Ag,reement. L This document embodies the entire agreement and understanding between the Parties There are no other agreements and understandings, oral or written, with reference, to the subje t matter hereof that are not merged herein and superseded hereby, X. Amendments. No al�teration, change, modification or amendment of the terms of this Agreement I shall be valid or effective unless made in writing, signed by both Parties and approved by the governing body of each Party. X1. Waiver,, No waiver of performance by either Party shall be construed 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 perf I ormance. X11. Gove ruin n, Law and Venue. if any action, whether real or asserted, at law or in equity, arises on the basis of any pro vi, ,ilon 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 governed by and construed in accordance with the laws of the State, of Texas,. XJIL Successors and AssiSins. Neither Party shall assign, sublet or transfer its interest herein without the prior written consent of the other Plarty. 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 inure to the benefit of Fort Worth and Saginaw, their respective successors and permitted assigns. XIV- No Third-Party-Beneficiar"ies. The pir ►vis,ion,s and conditions of this Agreement are solely for the bane-lit of Fort Worth and Saginaw, and any lawful successor or assign, and are not intended to create any rights, contractual or otherwise, to any other person or entity. XV, Saves b 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. XV1. 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 rcumstances 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 i's 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,. XVIL Contract Con structliwry. The Parties, acknowledge that each Party and, if it so chooses, its counsel have i 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 interpretat,ion of this Agreement or any amendments or exhibits hereto. XV111, Captions, Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. XIX. R*iq- ht to AudIt, Saginaw agrees that Fort Worth has the right to audit the financial and business records of' Sagan a,w that relate to the services provided (collectively "Records,") at any time during the Term of this Agreement and for three (3) years thereafter to determine compliance with this Agreement. Throughout the, Term of this Agreement and for three (3) years thereafter, Saginaw shall make all Records available to Fort Worth at 3:33, West McLeroy Boulevard, Saginaw, Texas following reasonable advance notice by Fort Worth and, shall otherwise cooperate fully with Fort,Worth during any audit. Fort Worth agrees that Saginaw has 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 determi'ne compliance with this Agreement. Throughout the Term of this Aug relemient and for three (3) years thereafter, Fort Worth shall, make; all Records available to Saginaw at 1000 Throckmorton Street, Fort Worth, Texas following reasonable advance notice by Saginaw and shall otherwise cooperate fully with Saginaw during, any audit. Notwithstanding anything to the contrary herein, this Section XIX shall survive expiration or,termination of this Agreement. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] Executed this, day of kloll m Qa ap ATTEST: CP OF o 2 R� WORTH nwm� xwnwwww"m wrd++�Mrvsumuwammn" wi '` V 11 04 0000045 w Vii,+arles C cret 'AS 11, Daniels fw4q e As'sisRant City Manager APPROVED AS TO FOR M AND LEGALITY.- �J.Cfty Attorney ATTEST: TTY OF SAGINAW B City S&4_/etas Nan Stanford Cif Manager APPROVED O FORM AND LEGALLY' (o " y Date: OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX A" rnrn ATTA CHMENS " I. AUTOMATIC AID RESPONSE A. Response by Fort Worth ll. Upon receipt of the report of a structure fire incident in the area of' the City of Fort'Worth defined in section I. .4 of Attachment A; the Fort Worth F'ire Department will dispatch the standard, level of Fort Worth Fire Department resources to the reported location. B. Response by Saginaw: 1 Upon receipt of the report of'a structure fire incident in the area of the City of Fort Worth defined in section 11.113.4 of Attachment A; the Saginaw Fire Department will dispatch automatic aid in the form of one engine or quint apparatus, staffed by a minimum of three certified firefighters as certified by the Texas Commission on Fire Protection, to the reported location. 2. For purposes of this Agreement, i(reportil is defined as any telephone calls into the 911 system, direct telephone calls to the 'fire depart ent , verbal or text reports, or radio transmissions to, the fire and/or police dispatch centers. 3. All such responses by Saginaw Fire Department are subject to avallablility of personnel and equipment. 4. Boundaries of the Automatic Aid Response area shall be in that portion of the City of Fort Worth in 2010 Mapsco coordinates-. a) Page 34, all of grids F, and K b) Page 34, portions of grids G, and L) located west of Blue Mound Road MUTUAL AID RESPONSE A. Response by Saginaw.- 1 Calls for assistance during, "working" structure fires shall be given on an "as needed basis" by Saginaw and shall include one engine/quint staffed w,ith a minimum of 3 fir !gihters. All such responses, by Saginaw are subject to the availability of Saginaw personnel and equipment., 1 21. Saginaw shall respond with (1) brush truck or tanker upon a Fort Worth request for assistance during grass fires. All such responses by Saginaw are subject to the availability of Saginaw personnel and equipment., I The boundary of the response area shall be in those areas of Fort Worth in 2011 Mapsco "Fort Worth"I pages.- 181 199 20, 32, 313$ 34,, 47, and 48. 4. Salginaw shall respond to Fort,Worth requests for assistance during emergency medical incidents on an "as needed basis" and shy all include one engine/quint., All such responses by Saginaw are subject to the availability of Saginaw personnel and equipment. B. Response by Fort Worth: I. Fort Worth response to Saginaw requests for assistance shall be, limited to, Saginaw city limits. 2. Fort Worth shall respond to Saginaw requests for assistance during "working" structure fires, on an "as en eeded basis", yet shall not exceed a normal onie-alarm assignment as described by the Fort Worth Fire Department. All such responses by Fort Worth are subject to the availability of Fort Worth personnel and equipment. i 3. Fort Worth shall respond with (1) brush truck or tanker upon a Saginaw request for assistance during grass fires. All such responses by Fort Worth are subject to the availability of Fort Worth personnel and equipment. 4. Fort Worth, shall �res�pond to a Saginaw request for assistance that requires "specialized"' training, including: a.- Hazard materials team, swift water/underwater rescue team, hail hr en le rescue team, trench rescue team,: and heavy rescue team. 5. Fort Worth response to a Saginaw request for assistance during emergency medica,l incidents shall be given on an as needed basis"' by Fort Worth and shall include one engine/quint. All such responses by Fort Worth are subject, to the availability of Fort Worth personnel and equipment. At A ATTACHMENT "Bs OPERAT-ING: PROVISIONS 1. Any dispatch of equipment and personnel pursuant to this Agreement, by either Party,, is subject to the following conditions- A. A Party's request for aid shall include a statement of the amount and type of equlipment 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 shall provide a fire company, sitaffed 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, both Parties deem that it is appropriate and in the best interest of the public for the Pa�rty receiving the alarm to dispatch its forces and to notify the any other affected entities of the alarm. The Responding Party will respond, if able to, as conditioned by this Agreement, G. In the event that the Responding Party is unable to respond to the Requesting Party's 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 provided. D. Personnel from the fire departrnent of the Responding Party shall report to the officer in charge of the Requesting Party at the location to which the equip ent is 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 Parties so that a "Unified Command" is established. E. Personnel from the fire department of the Responding Party shall be released by the officer i n charge of the Requesting Party when the services of the Responding party are needed within the area for which it normally provides fire protection services. F. A working accountability system in accordance wit F guldefines shall be established at every incident. G. The departments shall conduct a minimum of one joint training session and/or exercise annually. All equipm nt used by the Responding Party 11 s, fire department in carrying out, this Ag,reem,ent will, at the time of performance hereunder, be owned, leased or, rented by the Responding Party.