HomeMy WebLinkAboutContract 62155CSC No. 62155
THE STATE OF TEXAS §
COUNTY OF TARRANT §
City of Fort Worth, Texas
Mutual Aid
The TARRANT COUNTY EMERGENCY SERVICES DISTRICT NO. ONE, acting by and
through its Board of Emergency Commissioners, hereafter referred to as DISTRICT, and
the CITY OF FORT WORTH, TEXAS, hereafter referred to as CITY, enter into the
following Agreement:
Section 1: Authority and Services
CITY has a full-time professional fire department, and is, by a formal Mayor and Council
Communication (M&C) of its governing body, authorized to enter into this Agreement with
DISTRICT for the use of the personnel and equipment of CITY for the purpose of
providing fire protection to real and personal property located outside the boundaries of
CITY and within such distance as the CITY may be reasonably expected to render service
in case of emergency service needs. The equipment and personnel of the CITY shall be
under the control and supervision of CITY employees during a fire or emergency medical
response pursuant to this Agreement. In accordance with Section 418.109(d) of the
Texas Government Code or Section 791.027 of the Texas Government Code, it is also
understood and agreed that the existence of this Agreement does not prevent the CITY
from providing mutual aid assistance on request from another municipality, county,
emergency services district, fire protection agency, organized volunteer group or other
emergency service entity, and shall not be obligated to respond, when in the sole
judgment of the CITY, such response would leave insufficient protection for the CITY.
Section 2: Fire Services Provided
CITY and DISTRICT hereby agree that for and in consideration of the monies to be paid
by DISTRICT to CITY, the CITY will provide, through its fire department, fire protection
services to the area described. These services include fire protection, fire rescue and
first response for emergency medical services. In the event that the CITY resources are
unavailable at the time of the request for services, the CITY will take reasonable efforts
to make the resources available as soon as reasonably possible.
Section 3: Fire Service Compensation
DISTRICT agrees to pay to CITY within 90 days of execution of this Agreement the total
sum of EIGHT THOUSAND FIVE HUNDRED DOLLARS ($8,500.00) during this contract
year for fire protection services as requested by other departments contracting with the
DISTRICT and within the CITY's ability to respond.
Section 4: Equipment
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
FY 2024 — CITY OF FORT WORTH, TEXAS Page 1
DISTRICT is under no obligation with respect to providing firefighting equipment or
ambulance vehicles or supplies, or any other expenses incidental to the carrying out of
this Agreement, and will have no right, title or interest in and to vehicles and equipment
belonging to or contracted for by CITY.
Section 5: Term
Regarding payment, this Agreement will be in full force and effect for and during the period
beginning October 1, 2024 and ending September 30, 2025.
Section 6: Pavment of Funds
The DISTRICT will use its general fund, or current revenues available to the DISTRICT,
to pay for the services supplied by the CITY pursuant to this Agreement. Payment
pursuant to this Agreement will be in accord with the Rules and Regulations promulgated
by the Commissioners. Said payments will be made as funds are available to DISTRICT.
Section 7: Emergencv Scene Control
Whenever CITY responds to a call outside its normal jurisdictional limits, it will operate
under the Fire Code in effect within the CITY limits of such cities or fire department
primarily responsible for service to the area being served by CITY. Any fire investigators
or other personnel who respond from DISTRICT to a fire or emergency scene which is
under the control of CITY will be governed by the Fire Code of the CITY within whose
limits the CITY normally operates. CITY personnel agree to fully cooperate with
DISTRICT personnel.
Section 8: Inspection of Equipment
The DISTRICT or its agent has the right to inspect the equipment of the CITY that the
CITY operates in its performance under this Agreement. The parties acknowledge that
the nature of the CITY's equipment determines the consideration paid under this
Agreement. In the event that the inspection reveals that the equipment is not in operating
condition and in compliance with the Insurance Services Office (ISO) requirements for a
department of its size, the CITY will authorize a re -inspection by the DISTRICT within
fifteen (15) days. In the event the equipment is not in operating condition or in compliance
with the ISO requirements for a department of its size during the re -inspection, all
payments by the DISTRICT to the CITY will cease until the problem is corrected as
certified by the DISTRICT.
FY 2024 — CITY OF FORT WORTH, TEXAS Page 2
Section 9: Workers' Compensation Coveraae
The CITY shall maintain statutory workers' compensation coverage for its employees,
officers and volunteers regarding the CITY's performance under this contract. The CITY
recognizes that the DISTRICT has no responsibility to furnish this coverage and CITY
waives any right to pursue the DISTRICT for liability regarding payments for this coverage
or for liability regarding payments for claims filed against this coverage.
Section 10: Line of Dutv
When an employee or volunteer of the responding CITY is performing duties under the
terms of this Agreement, that person is considered to be acting in the line of duty for the
CITY for the purposes of 42 U.S.C.A., Section 3796; is considered to be in performance
of duties for the CITY within the applicable provisions of Chapter 615 of the Texas
Government Code, and of Chapter 142, Texas Local Government Code; and shall be
entitled to any other benefits which accrue under law as a result of injury, death or loss
which occurs while in the line of duty for the CITY under this Agreement. This section
does not increase the DISTRICT's liability under this Agreement.
Section 11: Assignment of Liabilitv
The assisting party (CITY) shall be responsible for any civil liability or costs that may arise
from the fire protection, fire rescue and first response for emergency medical services
that the assisting party provides to the requesting party (DISTRICT) under this
Agreement. The parties agree pursuant to Section 791.006 (a-1) of the Texas
Government Code that assignment of liability provided by this Agreement is intended to
be different than liability otherwise assigned under Section 791.006 (a) of the Texas
Government Code, which provides that "the governmental unit that would have been
responsible for furnishing the services in the absence of the contract is responsible for
any civil liability that arises from the furnishing of those services." The parties also agree
that pursuant to Section 775.0366 (e) of the Texas Health and Safety Code that
assignment of liability provided by this Agreement is intended to be different than liability
otherwise assigned under Section 775.0366 (d), which provides that the "district is
responsible for any civil liability that arises from furnishing those services if the district
would have been responsible for furnishing the services in the absence of the contract."
It is expressly understood and agreed, however, that in the execution of this Agreement,
neither the CITY nor the DISTRICT waives, nor shall be deemed to waive, any immunity
or defenses that would otherwise be available to it against claims arising in the exercise
of governmental powers and functions, including the liability limits and immunities for a
governmental unit provided by the Texas Tort Claims Act, Chapter 101, Civil Practice and
Remedies Code, or other law.
Section 12: Implied Riahts; Emplovees
By entering into this Agreement the parties do not intend to create any obligations
expressed or implied other than those specifically set forth herein and this Agreement will
FY 2024 — CITY OF FORT WORTH, TEXAS Page 3
not create rights in parties not signatories hereto. The employees of the CITY are not
employees or agents of the DISTRICT by virtue of this Agreement. The employees of the
DISTRICT are not employees or agents of the CITY by virtue of this Agreement.
Section 13: Conferrina of Riahts
This Agreement does not confer any rights on third parties who are not signatories to this
Agreement, therefore no person may bring suit against CITY or DISTRICT regarding the
performance of this Agreement as a third party beneficiary of this Agreement.
Section 14: Cancellation
DISTRICT and CITY retain the right to cancel without cause this Agreement on thirty (30)
days written notice to the non -canceling party. In the event of cancellation, DISTRICT
will pay a prorated share of the monies due only if the CITY provides services as required
in the Agreement during the period of time leading up to the termination date. However,
in the event that CITY exercises this right of cancellation, CITY must repay to DISTRICT
all money paid CITY by DISTRICT for personal property, if any, purchased by the CITY
with funds from the DISTRICT.
Section 15: Form 1295 Acknowledaement
CITY acknowledges that it is a governmental entity and not a business entity as those
terms are defined in Section 2252.908 of the Texas Government Code, and therefore, no
disclosure of interested parties pursuant to Section 2252.908 of the Texas Government
Code is required.
WITNESS the signatures of the respective parties hereto this the
Executed effective as of the date signed by the Assistant City Manager below.
TARRANT COUNTY EMERGENCY
SERVICES DISTRICT NO. 1
President
EST:
Sec etary/Treasurer
CITY OF FORT WORTH, TEXAS
T� 8cr1�
Dana Burghdoff (Oct , 2024 CDT)
Assistant City Manager
day of
FY 2024 — CITY OF FORT WORTH, TEXAS Page 4
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended: Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring and
�� administration of this contract, including
Dana Burghdof; Oct 2024 CDT)
By: ensuring all performance and reporting
Name: Dana Burghdoff requirements.
Title: Assistant City Manager
Approved as to Form and Legality:
By:
James Tavls (Oct 18, 2024 15:03 CDT)
Name:
James Davis
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Title:
Fire Chief
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By
Name: Taylor Paris
City Secretary:
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Title: Assistant City Attorney
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Contract Authorization:
By:
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M&C: 24-0666
Name:
Jannette S. Goodall
Title:
City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
FY 2024 - CITY OF FORT WORTH, TEXAS Page 5
8/21/24, 10:24AM M&C Review
ACITY COUNCIL AGEND
Create New From This M&C
DATE: 8/13/2024 REFERENCE NO.: **M&C 24-0666 LOG NAME:
CODE: C TYPE: CONSENT PUBLIC
HEARING:
Official site of the City of Fort Worth, Texas
FORT WORTI I
36MUTUAL AID
TCESD1
NO
SUBJECT: (ALL) Authorize Execution of an Interlocal Agreement Concerning Mutual Aid Fire
Services with Tarrant County Emergency Services District One
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of an Interlocal Agreement concerning mutual aid fire services with
Tarrant County Emergency Services District One; and
2. Receive a one-time payment of $8,500.00 from Tarrant County Emergency Services District
One.
DISCUSSION:
The Tarrant County Emergency Services District One (TCESD1) desires an Interlocal Agreement
(Agreement) with the City of Fort Worth (Fort Worth) for mutual aid fire services. The Agreement is
authorized pursuant to Chapter 791 of the Texas Government Code (Interlocal Cooperation Act).
Neighboring fire departments often enter into mutual aid agreements to augment emergency response
resources at major incidents or to gain emergency response efficiencies in areas where adjacent
jurisdiction resources are located in close proximity.
Under the terms of the Agreement, Fort Worth's response will be limited to assistance within
unincorporated Tarrant County, the jurisdiction of TCESD1, and may include response on an as -
needed basis to working structure fires, emergency medical incidents, grass fire incidents, and certain
hazardous material or technical rescue situations. TCESD1's response to Fort Worth may include
response on an as -needed basis to working structure fires, emergency medical incidents, and grass
fire incidents. Response from both departments shall be subject to the availability of personnel and
equipment.
TCESD1 and Fort Worth will be 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 department and regardless of whether such employees were acting under
the authority, direction, suggestion or orders of an officer of the requesting jurisdiction. Both
departments agree to reimburse each other for actual costs other than ordinary operating costs
incurred by each other in the performance of this Agreement, except that both cities shall be
responsible for all costs associated with their own equipment, including damage and breakage.
Reimbursement shall be made on an incident -by -incident basis, with the exception of a one-time
payment of $8,500.00 to be made to the City of Fort Worth by TCESD1 after execution of
the agreement. This one-time payment is their standard practice as a sign of goodwill to the partnering
department.
Business Equity: A M/WBE goal is not assigned when purchasing from an approved purchasing
cooperative or public entity.
This Agreement is consistent with the other mutual aid agreements between Fort Worth and adjoining
jurisdictions for fire services.
This agreement will serve ALL COUNCIL DISTRICTS.
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8/21 /24, 10:24 AM M&C Review
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as
previously appropriated, of the General Fund to support the approval of the above recommendation
and execution of the Agreement. The Fire Department (and Financial Management Services) is
responsible for the collection and deposit of funds due to the City.
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program I Activity Budget Reference #
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by_ Dana Burghdoff (8018)
Originating Department Head: Jim Davis (6801)
Additional Information Contact:
ATTACHMENTS
36MUTUALAID TCESD1 funds availabilitv.pdf (CFW Internal)
36MUTUALAID TCESD1 Updated FID.xlsx (CFW Internal)
Amount
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