HomeMy WebLinkAboutContract 45096 ���'
. SECRETARY
cowma No.
|NTERLC)CAL AGREEMENT FOR FIRE SERVICES
THIS |NTEF<LC)CAL Agreement for Fire Services ("Agreement") is entered into by and between
the City of Fort Worth, a home [V|e municipality in the State of -[ex@S ("Fort Worth"), acting by
and through. Charles Daniels, its duly authorized Assistant City Manager, and the City of
CnOvv|ey. 8 home rule municipality in the State of Texas, acting by and through Billy Davis, its
duly authorized Mayor.
VVHEF<EAS, the governmental entities which are parties to this Agreement desire to enter into
an agreement concerning mutual aid fire SerViceo� and
WHEREAS, the Texas Government Code, Chapter 791. the ^|nter|oca| Cooperation A:t."
authorizes local government entities to enter into inter}ocm| contracts for governmental
purposes; and
WHEREAS, the Texas Government Code 791.006 specifically authorizes interlocal agreements
for fire services;
NC)VV. THEREF{}RE, 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 apart hereof for all purposes. The services
performed Sh@U be subject to the Operating Provisions in /\tt8Chrn8Ot "B", which is
attached hereto and considered apart hereof for all purposes.
U. Costs Reimbursed.
Crowley and Fort VV0dh agree to reimburse each other for actual costs other than
ordinary operating C0ote incurred by each other in the performance of this Agreement.
Reimbursement shall be made on an incident-by-incident basis and ghm|| be made
subsequent to a aubrniaainD 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.
|||. Term of Agreement and Termination.
The term of this Agreement shall be for One year beginning upon approval by both
parties and renewing automatically for additional one-year periods. Either party may
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terminate this Agreement UpOD sixty days' notice in writing to the other party.
|V.
Pursuant tVTexas Government Code section 7Q1 OO8(a-1). the parties tothis inter|ocm|
agreement hereby assign liability for any civil liability that arises from the furnishing Of
services under this agreement as follows:
OF"'I"ICIAL RECORD
|ntedocm|Agreement for Fire Services CFw&Crowley CITY SECRETARY
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To the extent that immunity from suit is waived by the Texas Tort Claims Act, each party
shall be solely responsible for any civil liability arising from the conduct of its own
employees. Each party shall be solely responsible for any and all benefits applicable to
its own employees, including but not limited to wage, salary, pension, worker's
compensation, disability, and medical expenses.
The assignment of liability provided by this Agreement is intended to be different than
liability otherwise assigned under Texas Government Code section 791.006(a) 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.
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 other. Subject to the terms of this
Agreement, each Party shall have the right to control the details of its performance
hereunder.
V1. Notice.
Unless otherwise provided herein, all notices required or permitted by this Agreement
shall be made to the following addresses:
City of Fort Worth
City Manager's Office
Attn: Charles Daniels, Assistant City Manager
1000 Throckmorton St.
Ft. Worth, Texas 76102
With a copy to:
City of Fort Worth
City Attorney's Office
Attn: City Attorney
1000 Throckmorton St.
Fort Worth, Texas 76102
City of Crowley
Attn- Robert Loftin, City Manager
201 East Main St.
Crowley, TX 76036
With a copy to:
Attorney's Office
Attn: Rob Allibon
6000 Western Place, Suite 200
Fort Worth, Texas 76107
Interlocal Agreement for Fire Services CFW&Crowley
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VU.
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.
VUi
Both parties ohmU comply with all Fedena|. State and City stctubee, ordinances and
regulations applicable to the performance ofthe services under this Agreement.
Ix. Entire Agreement.
This writing embodies the entire agreement and understanding between the parties
hereto, and there are no other agreements and understandinQe, oral or written, with
reference to the subject matter hereof that are not merged herein and superseded
hereby.
X
No alteration, ch@nge, 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 Df the governing body Of each party.
Xi
No waiver Ofperformance by either party shall be construed as or operate as a waiver of
any subsequent default Of any terms, oOven8rtS. and conditions of this Agreement. The
payment or acceptance of fees for any period after a default nhm|| not be deemed a
waiver of any right or acceptance of defective performance,
)4||. Governing Law and Venue.
|f any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreennent, 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 Sh8|i be construed in accordance with the
laws of the State of Texas,
X|||. Successors and Assigns.
Neither party hereto shall 8ssign, sublet or transfer its interest herein without prior written
consent of the other party, and any attempted mooignnnent, sublease or transfer Of all Or
any part hereof without such prior written consent ShG|| be void. This Agreement shall
be binding upon and Sh@|| inure to the benefit of Fort Worth and Crowley and their
respective successors and permitted assigns.
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X|V. No Third-Party Beneficiaries.
The provisions and conditions of this Agreement are solely for the benefit of Fort Worth
and Croxxey, and any lawful successor orassign, and are not intended to create any
hghts, contractual or otherwise, to any other person or entity.
XV.
If any provision of this Agreement shall be held to be inva|id, illegal or unenforceable, the
validity, legality and enforceability Of the remaining provisions Sh8U not in any way be
affected orimpaired.
)(V|. Force Ma6eure.
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;
motS of God; inclement weather; governmental nemtrictions, regu|mtiOns, or interferences;
fires; strikes; |ock�ut�, national disasters; r�m�a; 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 earne, 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 88noe during such period of delay, SD that the time period
applicable to such design or construction requirement shall be extended for a period of
time equal to the period such party was delayed.
XV|L Contract Construction.
The parties acknowledge that each party and, ifitso ohoDsee, 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.
11. Captions.
Captions and headings used in this Agreement are for reference purposes only and shall
not bedeemed a part of this Agreement.
X|X Right to Audit.
Crowley agrees that Fort Worth will have the right to audit the financial and business
records of Crowley 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 uf this Agreement and
for three (3) years theremfter. Crowley shall make all Records available to Fort Worth at
1000 lFhrDCkrDnrtOn Street, Fort Worth, Texas or at another |OC8UDn in the City of Fort
Worth acceptable to both parties fn\|Ovving reasonable advance notice by Fort Worth and
shall otherwise cooperate fully with Fort Worth during any audit.
Fort Worth agrees that Crowley will have the right to audit the financial and business
|ntonocaU\ raememfo,FineSewiceoCRN&Cmw|oy
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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 Crowley at
201 E. Main Street, Crowley, Texas or at another location in the City of Crowley
acceptable to both parties following reasonable advance notice by Crowley and shall
otherwise cooperate fully with Crowley during any audit.
Notwithstanding anything to the contrary herein, this Section XIX shall survive expiration
or earlier termination of this Agreement.
Executed this � day of 20
CITY OF FORT WORTH
ATTEST- If 0
BY'
e
ar�lesDa�niels, Assistant City Manager City a to q
NO AW7, REQUIRED
APP AS FORM AND LEGALITY:
A )
511..(ASS............... -1
"o
A si tant City AttorneyY
C,
L) C)
71
CITY OF CROWLEY 0 S
Mayor City Secretary
OFFICIAL H CORD
CITY SECRETAItY
frr. WORTH ar rx
Interlocal Agreement for Fire Services CFW&Crowley
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ATTACHMENT "A"
i MUTUAL AID RESPONSE (non-mutOmmUo)
A. Fort Worth:
Fort Worth Fire Department response to Crowley shall be on an "as needed
basis" vet shall not exceed m normal one-alarm assignment as described by the
Fort Worth Fire Department. All such responses are subject to availability of
personnel and equipment, and Sh@U be limited to assistance within Crowley city
limits.
B. Crowley:
Crowley Fire Department response to Fort Worth shall be on an "as needed
basis" and ahGU \Oo|Ude one engine/quint staffed with a [DimnnVnO Of 3 paid
firefighters. All such responses are subject to availability of personnel and
equipment and shall be limited to assistance within Fort Worth city limits.
|noonoca|Agreommnt for Fire Services CFVw&Crowley
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ATTACHMENT "B"
Operating Provisions
i Any dispatch of equipment and personnel pursuant tn this Agreement io subject tothe
foUOvvDg conditions:
A. Any request for aid hereunder shall include a statement of the amount and type
of equipment and number nfpersonnel that are needed, but the amount and type
of equipment and number of personnel to be furnished shall be determined by e
representative of the responding city. Crowley would provide m fire company
staffed by Certified firefighters as Certified by the Texas CO[O[Di88iDO DD Fine
Protection.
B. In the event that the responding city is unable to respond to the request for
aaoietaDce, the fire chief or designee of the responding city shall immediately
notify the fire department of the requesting city that no response can bemade.
C. Personnel from the Fire Department of the responding City Shall report to the
officer in Charge of the nsqUeodn0 city at the location to which the equipment are
dispatched and ahm|| be subject to the orders of that official. At all dnneS the
U|bnOate control and responsibility of the personnel from the responding city shall
remain with the highest ranking fin* officer from the responding city at the scene.
The Command Post will be staffed by representatives from both Crowley and
Fort Worth sD that a "Unified Command" ieestablished.
Q. Personnel from the Fire Department of the responding city shall be released by
the officer in charge from the requesting city when the services of the responding
City are needed within the area for which it DVrnOo||y provides fire protection.
E. AvvorkinQ accountability system in accordance with NFPA guidelines shall be
established a[ every incident.
F. The departments shall conduct [nini[OUDl of one joint training session and/or
exercise annually.
||. All equipment used by the responding Fire Department in carrying out this Agreement
will, @t the time Of action hereunder, be owned byit�
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