HomeMy WebLinkAboutContract 63409CSC No. 63409
STATE OF TEXAS
COUNTY OF TARRANT
INTERLOCAL AGREEMENT BETWEEN CITY OF FORT WORTH AND
CITY OF HASLET FOR MUTUAL AID KNOX KEYS
This Interlocal Agreement ("Agreement") is made between the City of Fort Worth ("FORT
WORTH"), a home -rule municipal corporation of the State of Texas, acting by and William
Johnson, its duly authorized Assistant City Manager and the City of Haslet ("HASLET"), a Type
A general -law municipality, acting herein through Gary Hulsey, its Mayor.
WHEREAS, the Texas State Legislature has authorized the formation of interlocal
cooperating contracts between and among governmental entities; and
' WHEREAS, this Agreement is made under the authority granted by and pursuant to
Chapter 791 of the Texas Government Code which authorizes FORT WORTH and HASLET to
enter into this Agreement for purposes of providing a governmental function or service that each
party to the contract is authorized to perform individually; and
WHEREAS, FORT WORTH and HASLET desire to enter into this Agreement to
establish guidelines for the secure management of Fort Worth Fire Department Knox Keys to
ensure safety, security, and inventory control; -and
WHEREAS, the governing bodies of FORT WORTH and HASLET find that this
Agreement is necessary for the benefit of the public and the performance of this Agreement is in
the common interest of both parties; and
WHEREAS, the governing bodies of FORT WORTH and HASLET have authorized
entering into this Agreement; and
WHEREAS, the governing bodies of FORT WORTH and HASLET, in paying for the
performance of governmental functions or in performing such governmental functions, shall make
payments only from current revenues legally available to such party.
NOW THEREFORE, IN CONSIDERATION of the mutual promises and agreements contained
herein, the parties do hereby agree as follows:
ARTICLE 1.
PURPOSE
The purpose of this Agreement is to establish guidelines for the secure management of Fort
Worth Fire Department Knox Keys to ensure safety, security, and inventory control.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Interlocal Agreement Between City of Fort Worth and City of Haslet
for Mutual Aid Knox Keys Page 1 of 7
ARTICLE 2.
FORT WORTH'S RESPONSIBILITY
FORT WORTH will issue three (3) Knox Keys to HASLET's Fire Department as
necessary for accessing Knox Box emergency entry systems.
ARTICLE 3.
HASLET'S RESPONSIBILITY
HASLET will:
1. Maintain a record of key issuance, including the date of issuance and the recipient;
2. Implement appropriate security measures to prevent unauthorized access to Fort Worth
Fire Department ("FWFD") Knox Keys, including but not limited to secure storage
compartments and key control protocols;
3. Maintain an accurate inventory of FWFD Knox Keys issued to fire trucks, including serial
numbers and associated documentation;
4. Establish Authorized Personnel who will have access to the issued Knox Keys and will be
responsible for their safekeeping;
5. Allow only authorized personnel to access the issued Knox Keys;
6. Provide a list of Authorized Personnel to the Fort Worth Fire Department; and
7. Replace any Knox Keys that are lost or damaged due to actions that are directly attributable
to HASLET or its agents, at the expense of HASLET. Damaged keys must be returned to
the FWFD Fire Marshal's office.
ARTICLE 4.
TERM AND TERMINATION
This Agreement shall begin upon the last day executed by all authorized parties and shall
continue in full force and effect unless terminated. Either party to this Agreement may terminate
this Agreement at any time and for any reason by providing the other party ninety (90) days written
notice to the other party or pursuant to Article 15 of this Agreement.
Interlocal Agreement Between City of Fort Worth and City of Haslet
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ARTICLE 5.
IMMUNITY
It is expressly understood and agreed that in the execution of this Agreement, no party
waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be
available to it against claims arising in the exercise of governmental powers and functions.
ARTICLE 6.
ASSIGNMENT
HASLET shall not have the right to assign or subcontract any of its duties, obligations or
rights under this Agreement without the prior written consent of FORT WORTH, which such right
shall be granted solely at the discretion of FORT WORTH.
ARTICLE 7.
GOVERING LAW AND VENUE
This Agreement shall be construed in accordance with the laws of the State of Texas.
Venue for any action brought on the basis of this Agreement shall lie exclusively in state courts
located in Tarrant County, Texas or the United States District Court for the Northern District of
Texas — Fort Worth Division. In any such action, each party shall pay its own attorneys' fees, court
costs and other expenses incurred as a result of the action.
ARTICLE 8.
REMEDIES
No right or remedy granted herein or reserved to the parties is exclusive of any other right
or remedy herein by law or equity provided or permitted; but each shall be cumulative of every
other right or remedy given hereunder. No covenant or condition of this Agreement may be waived
without written consent of the parties. Forbearance or indulgence by either party shall not
constitute a waiver of any covenant or condition to be performed pursuant to this Agreement.
ARTICLE 9.
SEVERABILITY
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid,
illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall
not in any way be affected or impaired.
Interlocal Agreement Between City of Fort Worth and City of Haslet
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ARTICLE 10.
APPLICABLE LAW
This Agreement is entered into subject to the Interlocal Cooperation Act, the governing
charters and ordinances of FORT WORTH and HASLET, as they may be amended from time to
time, and is subject to and is to be construed, governed and enforced under all applicable Texas
and Federal law.
ARTICLE II.
ENTIRE AGREEMENT
This written instrument contains the entire understanding and agreement between FORT
WORTH and HASLET as to the matters contained herein. Any prior or contemporaneous oral or
written agreement is hereby declared null and void to the extent in conflict with this Agreement.
This Agreement may not be amended unless set forth in writing and signed by both parties.
ARTICLE 12.
SIGNATURE AUTHORITY
The person signing this agreement hereby warrants that he/she has the legal authority to
execute this agreement on behalf of the respective party, and that such binding authority has been
granted by proper order, resolution, ordinance or other authorization of the entity. The other party
is fully entitled to rely on this warranty and representation in entering into this Agreement.
ARTICLE 13.
INDEPENDENT CONTRACTOR
It is expressly understood and agreed that HASLET shall operate as an independent
contractor as to all rights and privileges granted herein, and not as agent, representative or
employee of FORT WORTH. Subject to and in accordance with the conditions and provisions
of this Agreement, HASLET shall have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors and subcontractors. HASLET acknowledges that the doctrine of
respondeat superior shall not apply as between FORT WORTH, its officers, agents, servants and
employees, and HASLET, its officers, agents, employees, servants, contractors and
subcontractors. HASLET further agrees that nothing herein shall be construed as the creation of
a partnership or joint enterprise between FORT WORTH and HASLET.
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ARTICLE 14.
NO WAIVER
The failure of either party to insist upon the performance of any provision or condition of
this Agreement or to exercise any right granted herein shall not constitute a waiver of that party's
right to insist upon appropriate performance or to assert any such right on any future occasion.
ARTICLE 15.
NON -APPROPRIATION OF FUNDS
FORT WORTH and HASLET will use best efforts to appropriate sufficient funds to
support obligations under this Agreement. However, in the event that sufficient funds are not
appropriated by either party's governing body, and as a result, that party is unable to fulfill its
obligations under this Agreement, that party (i) shall promptly notify the other party in writing and
(ii) may terminate this Agreement, effective as of the last day for which sufficient funds have been
appropriated.
ARTICLE 16.
RIGHT TO AUDIT
HASLET agrees that FORT WORTH shall, until the expiration of three (3) years after
termination of this Agreement, have access to and the right to examine at reasonable times any
directly pertinent books, documents, papers, records, and communications of HASLET involving
transactions relating to this Agreement at no additional cost to FORT WORTH. HASLET agrees
that FORT WORTH shall have access during normal working hours to all necessary HASLET
facilities and shall be provided adequate and appropriate work space in order to conduct audits
in compliance with the provisions of this section. FORT WORTH shall give HASLET reasonable
advance notice of intended audits.
ARTICLE 17.
LIABILITY
Nothing in the performance of this Agreement shall impose any liability for claims
against FORT WORTH or HASLET other than claims for which liability may be imposed by the
Texas Tort Claims Act.
ARTICLE 18.
AMENDMENTS
No amendment to this Agreement shall be binding upon either party hereto unless such
amendment is set forth in writing, and signed by both parties.
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ARTICLE 19.
FORCE MAJEURE
The parties shall exercise their best efforts to meet their respective duties and obligations
hereunder, but shall not be held liable for any delay in or omission of performance due to force
majeure or other causes beyond their reasonable control, including, but not limited to, compliance
with any state or federal law or regulation, acts of God, acts of omission, fires, strikes, lockouts,
national disasters, wars, riots, material or labor restrictions, transportation problems or existing
contractual obligations directly related to the subject matter of this Agreement.
ARTICLE 20.
NOTICE
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when (1) hand -delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation
of the transmission, or (3) received by the other party by United States Mail, registered, return
receipt requested, addressed as follows:
City of Fort Worth
Attn: William Johnson, Assistant City Manager
100 Fort Worth Trail
Fort Worth TX 76102
With Copy to the City Attorney's Office at the
same address
Interlocal Agreement Between City of Fort Worth and City of Haslet
for Mutual Aid Knox Keys
City of Haslet
Attn: Gary Hulsey, Mayor
101 Main Street
Haslet, Tx 76052
With Copy to the City Attorney's
Office at the following address:
Brown & Hofineister, L.L.P.
Attn: Jeremy R. Page
740 E. Campbell Road, Suite 800
Richardson, Texas 75081
Page 6 of 7
ACCEPTED AND AGREED:
FORT WORTH:
HASLET
ALCL
By: William hnson (Jun 11, 202514:19 CDT) By:
Name: William Johnson Name
Title: Assistant City Manager Title:
Date:
CITY OF FORT WORTH INTERNAL
ROUTING PROCESS:
,Approval Recommended:
By:
Name: /obert B;oadwater
Title: Battalion Chief
Approved as to Form and Legality:
By: ul_��
Name: Christopher Austria
Title: Senior Assistant City Attorney
Contract Authorization:
M&C: N/A
Date:
Gary Hullo
Mayor
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
By: Ch6kg*AsLy�oun 5, 2025 14:51 CDT)
Name: Chad Ramsey
Title: Fire Lieutenant
City Secretary:
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By: l
Name: Jannette Goodall
Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Interlocal Agreement Behveen City of Fort Worth and City of Haslet
for Mutual Aid Knox Keys Page 7 of 7