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HomeMy WebLinkAboutContract 63421CSC No. 63421 STATE OF TEXAS § COUNTY OF TARRANT § INTERLOCAL AGREEMENT BETWEEN CITY OF FORT WORTH AND CITY SANSOM PARK 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 through Dana Burghdoff, its duly authorized Assistant City Manager and the City of Sansom Park ("PARTICIPATING CITY"), acting- herein through Jim Barnett, Jr., its duly authorized Mayor. e 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 I� Chapter 791 of the Texas Government Code which authorizes FORT WORTH and PARTICIPATING CITY 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; WHEREAS, FORT WORTH and PARTICIPATING CITY 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; WHEREAS, the governing bodies of FORT WORTH and PARTICIPATING CITY 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; WHEREAS, the governing bodies of FORT WORTH and PARTICIPATING CITY have authorized entering into this Agreement; and WHEREAS, the governing bodies of FORT WORTH and PARTICIPATING CITY, 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 agrees 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 Interlocal Agreement Between City of Fort Worth and SANSOM PARK CITY SECRETARY FT. WORTH, TX for Mutual Aid Knox Keys Pagel of 7 ARTICLE 2. FORT WORTH'S RESPONSIBILITY FORT WORTH will issue two (2) Knox Keys to the PARTICIPATING CITY's Fire Department as necessary for accessing Knox Box emergency entry systems. ARTICLE 3. PARTICIPATING CITY'S RESPONSIBILITY PARTICIPATING CITY will: l . 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 lost or broken keys, at the expense of PARTICIPATING CITY. Broken 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. ARTICLE 5. IMMUNITY Interlocal Agreement Between City of Fort Worth and SANSOM PARK for Mutual Aid Knox Keys Page 2 of 7 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 PARTICIPATING CITY 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 jwaived without written consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be perfortned 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. ARTICLE 10. APPLICABLE LAW This Agreement is entered into subject to the Interlocal Cooperation Act, the governing charters and ordinances of FORT WORTH and PARTICIPATING CITY, as they may be Interlocal Agreement Between City of Fort Worth and SANSOM PARK for Mutual Aid Knox Keys Page 3 of 7 l E ' 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 11. ENTIRE AGREEMENT This written instrument contains the entire understanding and agreement between FORT WORTH and PARTICIPATING CITY 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 jgranted 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 PARTICIPATING CITY 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, PARTICIPATING. CITY 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. PARTICIPATING CITY acknowledges that the doctrine of respondeat superior shall not apply as between FORT WORTH, its officers, agents, servants and employees, and PARTICIPATING CITY, its officers, agents, employees, servants, contractors and subcontractors. PARTICIPATING CITY further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between FORT WORTH and PARTICIPATING CITY. 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. Interlocal Agreement Between City of Fort Worth and SANSOM PARK for Mutual Aid Knox Keys Page 4 of 7 ARTICLE 15. NON -APPROPRIATION OF FUNDS FORT WORTH and PARTICIPATING CITY 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 PARTICIPATING CITY 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 PARTICIPATING CITY involving transactions relating to this Agreement at no additional cost to FORT WORTH. PARTICIPATING CITY agrees that FORT WORTH shall have access during normal working hours to all necessary PARTICIPATING CITY 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 PARTICIPATING CITY 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 PARTICIPATING CITY 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. ARTICLE 19. FORCE MAJEURE Interlocal Agreement Between City of Fort Worth and SANSOM PARK for Mutual Aid Knox Keys Page 5 of 7 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 li 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: Dana Burghdoff, Assistant City Manager 100 Fort Worth Trail Fort Worth TX 76102 With Copy to the City Attorney's Office at same address CITY OF SANSOM PARK Wendy Blocker 5705 Azle Avenue Sansom Park, TX 76114 Interlocal Agreement Between City of Fort Worth and SANSOM PARK for Mutual Aid Knox Keys Page 6 of 7 0 ACCEPTED AND AGREED: FORT WORTH: CITY OFF By Naga Ewh614� Dana Burghdoff (JunYi, 2025 11a0 CDT) By: Name: / jWifi Name: Dana Burghdoff Title: M� Title: Assistant City Manager Date: 06/11 /2025 Date: t: CITY OF FORT WORTH INTERNAL ROUTING PROCESS: SEAL ��ORPOR►�t�o Approval Recommended: 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 By: /�----� reporting requirements. Name: obert I�a�water Title: Battalion Chief By: Ch6U*A3gy4dun 5, 202514:50 CDT) Approved as to Form and Legality: Name: Chad Ramsey Title: Fire Lieutenant By: City Secretary: Name: Christopher Austria Ai F'Tt4p Title: Senior Assistant City Attorney °d ((� Pa o* o ' °$n4nogaa BY: I Contract Authorization: Name: Jannette Goodall M&C: N/A Title: City Secretary I OFFICIAL RECORD CITY SECRETARY lnterlocal Agreement Between City of Fort Worth and SANSOM PARK FT. WORTH, TX for Mutual Aid Knox Keys Page 7 of 7