HomeMy WebLinkAboutContract 45626 g
y
V
CITY SIEC
COWRAXT'
W
11TE LOC L, AGREEMENT BETWEEN
THE CITY of SAGINAW AND THE CITE" of FORT WORTH
FOR MUTUAL FIRE AID AND FIRE PROTECTION SERVICES
THIS INTE LOCAL Agreement for Mutual Fire Aid and Fire Protection Services
("Agreement") is entered into by and between the City of Fort Worth, a home rule
municipality in the State of Texas "Fort Worth"),, acting by and through Charles Daniels,
its duly authorized Assistant City Manager, and the City of Saginaw, a home rule
municipality in the State of Texas ("Saginaw"), acting by and through lean Stanford, its
duly authorized City Manager. Fort Worth and Saginaw may be referred to individually
as the "Party", "Responding Party" or "Requesting Party" and collectively as the
"'P"arties" throughout this Agreement.
WHEREAS, the Texas Government Code, Chapter 791, the �"Interlocal
Cooperation Act,&, authorizes local government entities to enter into interlocal contracts
for governmental purposes; and
WHEREAS, the Texas Government Code Section 791.0106 specifically
authorizes interlocal agreements for fire aid and services„ and
WHEREAS, the governmental entities that are Parties to thlis Agreement desire
to enter into an agreement concerning mutual aid fire services on an as requested
basis; and
WHEREAS, each Party, in performing governmental functions or in funding the
performance of governmental functions, shall male that
performance or those
payments from current revenues legally available to that Party; and
WHEREAS, each Party finds that the performance of this Agreement is in the
common interest of both parties, that the undertaking will benefit the public interest and
that the division of costs fairly compensates the perform,ing Part y for the services or
functions under this Agreement.
THEREFORE, for the mutual promises and consideration set forth herein,
the Parties agree as follows;
1. Serv'lcesi to be Performed.
The services to be performed under this Agreement are as listed in Attachment
"A", which is attached hereto and incorporated by reference. The services performed'
f
shall be subject to the Operating Provisions, in Attachment "B", which is attached hereto
and incoirporated by reference. The Party reque ting automatic or mutual aid is referred
l
to as the "Requesting Party" while the Party re s ondin o the other Party's request for
mimomouuuuuuuo
j,
C11" EsUrAk,R11111,11"If
RE CEI V
D MAIY
Fm w
Alib.9Pdqll%'.,M1A°('dW'89M17Mf7YlNf ,"G14U'wY'9Y'.'7PY.J!}91hYJl' fit'V,n'!`iy+"''l rrlhYt l{'ig�1e1^.b�U'A84JPlrwM1',J�f�f�Jfs:.
1
automatic or mutual aid is referred to as the "Responding Party" throughout this
Agreement.
II. Costs Reimbursed.
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, mechanical wear and
tear, personal protective equipment, emergency medical supplies, and employee wages
and benefits; provided, however, that special fire suppression methods are not an
ordinary 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 responsible for all costs associated with its own equipment, including damage and
breakage.
lll. Term of Agreement and Termination.
The term of this Agreement shall be for one year beginning upon the execution
by both Parties and shall automatically renew for additional one-year terms. Either Party
may terminate this Agreement, with or without cause, upon providing the other Party
with sixty (6o) days written notice.
IV, Liability.
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 employees are performing duties at the request of or under the authority,
direction, suggestion or order of the Requesting Party. This assignment of civil
liability is specifically permitted by section 791.006(a-1) of the Texas Government
Code ("Code") and is intended to be different than the liability otherwise assigned
under section 791.006(a) of the coder 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 all other
compensation, benefits and rights for the performance of such duties, including injury,
death or Worker's compensation benefits, as though the performance was rendered
directly to his or her regular employer.
All wage and disability payments, pension payments, damage to equipment and
clothing, 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 this Agreement shall,
during a Party's response to a request for service, be owned, leased, or rented by the
Responding Party. All employees responding to a Party's request for service shall
remain employees of the Responding Party during performance pursuant to this
Agreement, for 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 101 of the Texas Civil Practice and Remedies Code, the "Tort Claims
Act".
V. Independent Contractor.
In performing the duties under this Agreement, each Party is acting as an
independent 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 hereunder.
V1. Notice.
Unless otherwise provided, all notices required or permitted by this Agreement
shall be made to the following addresses:
City of Fort Worth
City Manager's office
Attn: Tom Higgins, City Manager
1 000 Throckmorton St.
Fort Worth, Texas 76102
With a copy to:
City of Fort Worth
Attn: City Attorney
1 000 Throckmorton
Fort Worth, Texas 76102
m t
r•
City of Saginaw
City Manager's office
Attn: Nan Stanford
P.O. Box 79070
Saginaw, Texas 76179
Vl . Payments.
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 applicable to the performance of the services under this Agreement.
IX. Entire Agreement.
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 subject matter hereof that are not merged herein and superseded
hereby.
X. Amendments.
No alteration, change, modification or amendment of the terms of this Agreement
shall be valid or effective unless made in writing, signed by both Parties and approved
by the governing body of each Party.
XI. 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 performance.
Xii. ,Governing Law and Venue.,
If any action, whether real or asserted, at law or in equity, arises on the basis of
any provision 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
Y 7
Texas Fort Worth Division. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas.
XIII. Successors and Assigns.
Neither Party shall assign, sublet or transfer its interest herein without the prior
written consent of the other Party. 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 Beneficiaries.
The provisions and conditions of this Agreement are solely for the benefit 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. s eve ra h i 1 i ty.
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.
XVI. Force Mgji
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 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 is 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 Construction.
The Parties acknowledge that each Party and, if it so chooses, 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.
XVIII. Captions,
x
Captions and headings used in this Agreement are for reference purposes only
and shall not be deemed a part of this Agreement.
XiX. Rig-ht to Audit.
Saginaw agrees that Fort Worth has the right to audit the financial and business
records of Saginaw that relate to the services provided (collectively "Records") at any
time during the Terra 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 333
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
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 Saginaw at
1 000 Throckrnorton 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 2011.
0 0000
01
ATTEST: 0 F FORT WORTH
F0
ftm=0 0
0
00
t0 mw"-""-�
00
law
�00
rIes Daniels
,'Ity Secretary
S1 City Manager
APPROVED AS TO FORM AND LEGALITY:
i ty At,to rn ey
Date:
ATTEST: CITY OF' SAGIJAW
X7
C By.
Ci, ecretary T Nan Stanford
City Manager
APPROVED AS TO FORM AND LEGALITY:
Xz
city(!4,ttorney
Date:
10IFFICIAL RECORD
% ma
CITY Sl E GRE:affAw Ry
Firl"'m Wo'llUH,TX
3
ATTACHMENT "A$'
AUTOMATIC AID RESPONSE
A. Response by Fort Worth:
1. Upon receipt of the report of an emergency incident requiring a fire
department response in the area of the city of Fort Worth defined in
section 1.BA of Attachment A; the Fort Worth Fire 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 an emergency incident requiring fire
department response in the area of the city of Fort Worth defined in
section 1.B,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, "report" is defined as any
telephone calls into the 911 system, direct telephone calls to the
fire department , 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
availability 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, locates/west of Blue
Mound Road
II 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 with a minimum of 3 firefighters. All such
responses by Saginaw are subject to the availability of Saginaw
personnel and equipment.
2. 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.
3. The boundary of the response area shall be in those areas of Fort
Worth in 2011 Mapsco "Fort Worth' pages:
181 192 20, 32, 33, 34, 47, and 48.
4. Saginaw shall respond to Fort Worth requests for assistance during
emergency medical incidents on an "as needed basis" and shall
include one engine/quint. All such responses by Saginaw are
subject to the availability of Saginaw personnel and equipment.
B. Response by Fort Worth:
' . 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 needed basis", yet shall not
exceed a normal one-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.
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 respond to a Saginaw request for assistance that
requires "specialized" training, including a: Hazard materials team,
swift water/underwater rescue team, high/low angle rescue team,
trench rescue team, and heavy rescue team.
5. Fort Worth response to a Saginaw request for assistance during
emergency medical 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(North
personnel and equipment.
ATTACHMENT "B"
OPERATING PROVISIONS
I. 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 equipment 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 staffed 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 Party 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.
C. 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 department of the Responding Party shall report to
the officer in charge of the Requesting Party at the location to which the
equipment 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 in 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 with N FPA guidelines shall
be established at every incident.
G. The departments shall conduct a minimum of one joint training session
and/or exercise annually.
l f [
ll. All equipment used by the Responding Party's fire department in carrying out this
Agreement will, at the time of performance hereunder, be owned, leased or
rented by the Responding Party.
5.
y
M&C Review Page 1 of 1
Official site of the City of Fort Worth,Texas
Aim lamb
Aor—q 011m,%ff Aw--,q'00th, -dam& FoRTWORTI-I
tol LoUUNULL AG"EILODA
COUNCIL ACTION: Approved on 5/1312014
�.'�F�.��.=fir m„ `� ...... r .,:::..✓�.....:.i',':�':;,��:--::'.-FUG,'-�,�.:...�.-�....�:::,;.�...�..�.. _ __ _
-...._.s_-_ ---,->' ......�-r .. ..err. ,.... ._.>.-.,�.�.._-f..:,:�-::.yam:•.,/ - -
"'�'-w_-e'er✓��..._,..-.-..�.._>:<:�_-.=-�, -...,.._.r ,r�-r' �w.-.M...r..•.:-::. ...^,,...._ ...,^.,>.;;,.^.„-;.w:.,,.. .... _
_.._.-...._.—_..._ r.-,.-...-.........�.,.r.,....c._---...,,._-..._...-...............�,,.......,,...._.z.:ry_.,;.._...,,.,/. .,� ,-•---..✓„...:%ate,...>,v^:e<aM:t,->s:���..,J” ./�;; "-n'' " �,�. °n�z+r'''.
DATE: 5/13/2014 REFERENCE NO.:**C-26801 LOG NAME: 36SAGI NAWAI D2014
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Amendment of Fire Services Mutual Aid and Automatic Aid Interlocal
Agreement with the City of Saginaw to Expand Response to the City of Fort Worth
(COUNCIL DISTRICTS 2 and 7)
-.............�..-..r--.:-.........._....._.._...................__..-.-_...-......,,.,.._ r .. M, -v w..wa /r ......r^.w;.r. f.�-..,F:::.......:r.•r9. ,.�-?:
..-N-...-..............5..-ter...--.......,_..._.........-.. .--..u....-.. ......-,.:.w-r •...;.:�..�,,r"i'%.r"'."
....w. -d"_��..n..Mw..rw:::rm-:,:.x•.':xT.^'^n 'r.:.ry^..y=,n,::.Gi..�i.-�:�.'.��-a�.:�'.
r ./ Y^.r...w..`.....-,....v..•..r>.-�• .......-.✓:�...�...v... r•......�_.-i.-.�.-.r.-w�:'- ^.=.............' �:�w=.w:_.��-r,>F..�...
RECOMMENDATION:
It is recommended that the City Council authorize the amendment of an Interlocal Agreement with the
City of Saginaw for mutual and automatic fire protection to provide expanded response to the City of
Fort Worth,
DISCUSSION:
The City of Fort Worth (Fort Worth) and the City of Saginaw (Saginaw) previously entered into a
Mutual Aid Interlocal Agreement (M&C C-25098, approved on August 9, 2011). The Agreement was
amended to include automatic aid by Saginaw to Fort Worth for fire incidents only within a specified
area of Fort Worth (M&C C-25357, approved on July 23, 2013).
This proposed amendment will expand the automatic aid response by Saginaw to Fort Worth to
include response to all emergency incidents, not just fire incidents., within the same specified area in
Fort Worth, which is depicted on the attached map.
The automatic aid will be provided by Saginaw to Fort Worth in COUNCIL DISTRICTS 2 and 7.
FISCAL INFORMATIONICERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on
City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's office b Charles Daniels (6199)
Originafin,g Department Head: Rudy Jackson (6801)
Additional Information Contact: Rudy Jackson (6801)
ATTACHMENTS
Sa i naw Automatic Aid. df
Saginaw Mutual Aid. df
http:ll apps.cfwnet.org/council_packet/mc p
revlew.as ?ID=19791&councl*ldate-511312014 5115/2014