HomeMy WebLinkAboutContract 45703 CONTRACT NO.
FIRE SERVICES AGREEMENT BETWEEN
CITY OF FORT WORTH AND
CITY OF WESTWORTH VILLAGE
STATE OF TEXAS §
§
COUNTY OF TARRANT § �
WHERE,AS, the City of Fort Worth ("Fort Worth") and the City of Westworth Village
("Westworth Village") have a lengthy history of mutually beneficial cooperative efforts; and
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WHEREAS, pursuant to Chapter 791 of the Texas Government Code, the Texas
Interlocal Cooperation Act, Fort Worth and Westworth Village desire to continue these coopera-
tive efforts to provide adequate fire fighting services to the citizens of their respective cities in
the most efficient and economical manner; and
WHEREAS, Fort Worth and Westworth Village desire to specify the terms and condi-
tions of an agreement through which this mutually beneficial relationship may continue into the
fiiture:
NOW,THEREFORE,KNOW ALL BY THESE PRESENTS:
This contract and agreement is entered into by and between Westworth Village, a Type A
General Law municipality in Tarrant County, acting through its duly authorized Mayor, and Fort
Worth, a home-rule municipality in Tarrant County, acting through Charles Daniels, its duly au-
thorized Assistant City Manager; and
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WITNESSETH:
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1. SERVICES; SERVICE AREA
Fort Worth will provide Level 3 fire services (as defined in Attachment "C", attached
hereto and made apart hereof for all purposes) ("Fire Services") to Westworth Village in the ser-
vice area, the exact location of which is designated in a location map marked Attachment "A,"
C) attached hereto and made a part hereof for all purposes. It is recognized and understood that Fort
Worth cannot and does not assume responsibility for the provision of Fire Services outside the
r" service area.
2. PROCEDURES FOR PROVIDING SERVICES.
(a) Fort Worth will determine, in its sole discretion, the manner in which to perform i
and deliver the Fire Services. All calls shall be received from Central Dispatch in the Fort Worth
Fire Department, and all alarm procedures shall be wholly under the Fort Worth Fire Depart-
ment's control.
(b) Fire Services will be provided in accordance with standard operating procedures
of the Fort Worth Fire Department,in conformance with Fort Worth's rules,regulations and or-
dinances relating to provision of such services. . . � � °'"'° ""'°"' "
WgCORD
OFFICIAL
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Fire Service Agreement—Westworth Village Pa e 1 of 12
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3. DURATION; RENEWAL
This agreement shall be in effect for a period of five (5)years, commencing July 1,2014,
and expiring June 30, 2019, unless terminated earlier as specified below. Cost adjustments shall
be made on an annual basis, pursuant to the formula set out in Section 3, "Cost Calculation For-
mula," and the respective attachments thereto. At expiration, the terms and conditions of this
agreement shall be automatically extended for additional five-year periods.
4. COST CALCULATION FORMULA
As consideration for the provision of fire services, Westworth Village will pay Fort
Worth the amount set out in Attachment"B"which shall be calculated on the basis of the follow-
ing factors, subject to annual revision and adjustment:
a. Fort Worth's per capita cost of fire protection;
b. Westworth Village's population served by this agreement;
C. The hazard potential factor for the area covered under this agreement;
d. The level of service provided.
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Each of these factors is analytically set out in greater detail in Attachment"C" incorporated and
specifically made a part of this agreement. The actual calculation figures for the current year of
the contract, including service level chosen and hazard potential factor rating, shall appear in At-
tachment`B."
5. CONSIDERATION
Fort Worth and Westworth Village, as taxpayer-supported entities, recognize the im-
portance of timeliness of providing cost figures for purposes of budgetary convenience. There-
fore, Fort Worth covenants that it will cause to be sent to Westworth Village no later than March
1St of each year a calculation of the cost of fire service for the following year similar in format to i
Attachment "B"hereof. Should Westworth Village fail to receive said cost calculation by March i
lst of that year, it shall notify Fort Worth of that fact by registered or certified mail, requesting
Fort Worth to immediately provide same. Fort Worth covenants that it will use its best efforts to
provide appropriate cost information to Westworth Village in a timely manner.
Westworth Village agrees to tender to Fort Worth twelve (12) equal monthly payments,
each payment representing 1/12 of the total amount due under the terms of this contract. The first
payment will be due on or before July 15, 2014, and monthly payments thereafter shall be made
no later than the fifteenth(15"')day of each month. Payment shall be by certified check or by any
other method agreed to by Westworth Village and Fort Worth.
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G. DEFAULT AND TERMINATION.
(a) Default. Either party may declare a default hereunder if either party fails,refuses,
or neglects to comply with any of the terms of this Agreement. If a party declares a default of
this Agreement, this Agreement shall terminate after notice and opportunity to cure as provided
for herein. The party declaring a default shall notify the other party of any default in writing in
the manner prescribed herein. The notice shall specify the basis for the declaration of default,
and the party shall have thirty days from. the receipt of such notice to cure any default (except
Fire Service Agreement—Westworth Village Page 2 of 12
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when curing the default requires activity over a period of time in excess of 30 days, performance
shall commence within 30 days after the receipt of notice, and such performance shall be dili-
gently continued until the default is cured.
(b) Termination for Convenience. Either party may terminate this Agreement upon
one year's written notice to the other party.
(b) Funding and Non-Appropriation. This agreement shall terminate in the event
that the governing body of either party shall fail to appropriate sufficient funds to satisfy any ob-
ligation of that party hereunder. Termination shall be effective as of the last day of the fiscal pe-
riod for which sufficient funds were appropriated or upon expenditure of all appropriated funds,
whichever comes first. Termination pursuant to this non-appropriation clause shall be without
further penalty or expense to either party.
7. LIABILITY j
Pursuant to Texas Government Code section 791.006(a-1), the parties to this inter-local
agreement hereby assign liability for any civil liability that arises from the famishing of services
under this agreement as follows:
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 medi-
cal expenses.
The assignment of liability provided by this Agreement is intended to be different than li-
ability 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 ser-
vices.
Westworth Village agrees to waive rights of subrogation against Fort Worth, its agents,
servants, successors, officers and employees, for any loss or damages to persons or property or
claims or causes of action resulting from or caused by the rendering of services under the terms
of this contract.
8. PERSONNEL. All persons employed by Fort Worth Fire Department that provide fire
protection services under this contract will, at the time of such performance, be considered em-
ployees of Fort Worth for purposes of personnel and employee benefits, including any claims for
workers' compensation or retirement benefits.
9. INDEPENDENT CONTRACTOR
Each Party shall operate under this Agreement as an independent contractor,and not as an agent,repre-
sentative, 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.
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Fire Service Agreement—Westworth Village Page 3 of 12
10. NON-WAIVED OF IMMUNITIES AND DEFENSES
It is expressly understood and agreed that, in the execution of this agreement and con-
tract, neither city waives, nor shall be deemed hereby to waive, any immunity or defense that
would otherwise be available to it against third-party claims arising in the exercise of govern-
mental powers and functions.
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11. NOTICES
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
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With a copy to:
City of Fort Worth
City Attorney's Office
Attn: City Attorney
1000 Throckmorton St.
Fort Worth,Texas 76102
City of Westworth Village
Attn: City Administrator
311 Burton Hill Roadi
Westworth Village, Texas 76114 I
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12. PAYMENTS
Any and all payments arising under this Agreement for the performance of governmental
fiinctions or services must be made from current revenues available to the paying party.
13. NON-ASSIGNABILITY
This agreement is not assignable by either party and any attempt to assign it is void.
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14. AMENDMENT
This agreement may be amended at any time by mutual consent of the parties. Any such
amendment shall be in writing, attached hereto and filed with the City Secretaries or other ap-
propriate official of the parties. f
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15. ENTIRETY
This writing with its attachments and with any amendments, per the foregoing paragraph,
constitutes the entire agreement between Fort Worth and Westworth Village, and no oral or writ-
ten agreement exists elsewhere to modify same.
Fire Service Agreement—Westworth Village Page 4 of 12
16. SEVERABILITY
The provisions of this contract are severable. Should any portion of it be adjudged inva-
lid by a court of competent jurisdiction, the remainder of its provisions are to be given full force j
and effect as if the offending portion did not exist.
17. NO THIRD-PARTY BENEFICIARIES
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The provisions and conditions of this Agreement are solely for the benefit of Fort Worth
and Westworth Village, and any lawful successor or assign, and are not intended to create any
rights, contractual or otherwise,to any other person or entity.
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18. FORCE MAJEURE
It is expressly understood and agreed by the parties to this Agreement that if the perfor-
mance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God;
inclement weather; governmental restrictions, regulations, or interferences; fires; strikes; lock-
outs, 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 circum-
stance 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 design or construction requirement shall be extended for a period of time
equal to the period such party was delayed.
19. COMPLIANCE
Both parties shall comply with all Federal, State and City statutes, ordinances and regula-
tions applicable to the performance of the services under this Agreement.
20. ENTIRE AGREEMENT
This writing embodies the entire agreement and understanding between the parties hereto,
and there are no other agreements and understandings, oral or written, with reference to the sub-
ject matter hereof that are not merged herein and superseded hereby.
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21. WAIVER
No waiver of performance by either party shall be construed as 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.
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22. GOVERNING LAW AND VENUE
If any action, whether real or asserted, at law or in equity, arises on the basis of any pro- f
vision 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'Texas —Foil Worth Divi-
sion. This Agreement shall be construed in accordance with the laws of the State of Texas.
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Fire Service Agreement—Westworth Village Page 5 of 12
23. 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 ambi-
guities are to be resolved against the drafting party must not be employed in the interpretation of
this Agreement or any amendments or exhibits hereto.
24. CAPTIONS
Captions and headings used in this Agreement are for reference purposes only and shall
not be deemed a part of this Agreement.
25. RIGHT TO AUDIT �
Westworth Village agrees that Fort Worth will have the right to audit the financial and
business records of Westworth Village that relate to the services provided (collectively "Rec-
ords") 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, Westworth Village shall make all Records available to Fort Worth at
1000 Throclunorton Street, Fort Worth, Texas or at another location in the City of Fort Worth j
acceptable to both parties following reasonable advance notice by Fort Worth and shall other- j
wise cooperate frilly with Fort Worth during any audit.
Fort Worth agrees that Westworth Village will have 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 `.Perm of this Agreement and for three (3) years thereafter in order to deter-
mine compliance with this Agreement. Throughout the Term of this Agreement and for three (3)
years thereafter, Fort Worth shall make all Records available to Westworth Village at 311 Burton
IIill Road, Westworth Village, Texas or at another location in the City of Westworth Village ac-
ceptable to both parties following reasonable advance notice by Westworth Village and shall
otherwise cooperate fully with Westworth Village during any audit.
Notwithstanding anything to the contrary herein, this Section XIX shall survive expira-
tion or earlier termination of this Agreement.
Executed this '�''4 day of
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ATTEST: X OF FORT WORTH
�... f OR r
�5� C t y Secretary �.� s_t_a...n_t City Ma na g e
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AP R®VE,D AS TO FORM AND)r. � �
OFFICIAL FRECORI)
ssistant City'AAom4 of Fort Worth IECRI� t R"t,"
Fire Service Agreement—Westworth Village
ATTEST: CITY OF WESTWORTII VILLAGE
By _._......._._
City Secretary el
APPROVED AS TO FORM AND LEGALITY:
City At,tornex'cif Westworth Village
Date:
Fire Service Agreement—West worth Village Page 7 of 12
Attachment A
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Fire Service Agreement—Westworth Village Page 8 of 12
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ATTACHMENT`B"
2014 Fire Protection Charges to Westworth Village:
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(a) Fort Worth Per Capita Cost of Fire Protection $161.38
(b) Westworth Village Population to be Protected 2,500
(c) Westworth Village Hazard Potential Factor 1.1
(d) Service Level 3 (60%) $266,277.00
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Fire Service Agreement—Westworth Village Page 9 of 12
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ATTACHMENT"C"
Cost Calculation Formula—Analyzed
1. CITY OF FORT WORTH PER CAPITA COST OF FIRE PROTECTION
The figure arrived at is based on the following factors:
A. The most recently adopted Fort Worth Fire Department budget
B. The most recent debt service(attributable to Fort Worth Fire Department)
C. Population of City of Fort Worth (according to the most recent report by NCTCOG)
The actual calculation for this function is A plus B,the total then divided by C.
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11. POPULATION OF THE CITY TO BE PROTECTED
In the case of a city requesting fire protection for the entire population, the most recent
COG population estimates are used. In cases in which a portion of a city is to be protected, the
most recent U.S. Census Bureau Block Data for the portion of the City to be protected and the
most recent U.S. Census Bureau Total City Average Household Size for the City will be used to
calculate the population.
Formula: Block Data Population X Average Household Size =Population to be protect-
ed.
II1. HAZARD POTENTIAL FACTOR
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The Hazard Potential Factor determines whether the area to be covered has a greater or lilce fire
protection factor as Fort Worth.The Factor is based on an assessment of:
A. Varying types of properties in the area to be protected. This includes a survey of small
homes and businesses which have a minimal potential to escalate beyond a first alarm as- `
signment; larger homes,light industrial area,and other properties that have a potential for
escalation to a higher alarm level; industrial areas, hazardous operations, highrise build- I
ings, large public assembly areas, and institutional properties where life hazard is above
average and other properties where the potential to escalate to a maximum response is
high.
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B. Transportation Routes. Transportation routes are factored due to the special problems
railroads,highways, and major traffic routes can add to fire protection efforts.
C. Open Land. Both developed and undeveloped open land is included since fires in these
types of areas require special kinds of equipment and, at times, large numbers of man-
power. In evaluating this category, consideration is given to area, accessibility, and
ground cover.
D. Other Fire Protection Factors. This includes water supply, fire and building codes and
their enforcement,sprinklers,standpipes,and smoke and heat detectors.
Fire Service Agreement—Westworth Village Page 10 of 12
E. Special Factors. Any special factors unique to potential protection area and inconsistent
with the Fire Department's experience.
All ratings of the potential protection area are done based on the relationship of each factor to the
"norm" of Fort Worth. A rating of 1 means that a factor is approximately the same as is common to like
factors in the City of Fort Worth; a greater hazard factor would receive a higher rating.Under no circum-
stances would the Hazard Factor be less than 1.1.
IV. LEVEL OF SERVICE TO BE PROVIDED
The final factor in the formula allows a client city to choose one of four levels of service to be
provided by the Fire Department.
Level 1 Full fire protection service, including frill fire suppression; emergency medical first re-
sponder services; inspection of all schools, water hydrants, commercial establishments,
and churches;arson investigation;bomb squad;fire safety education;hazardous materials
response; emergency management; all other fire services received by Fort Worth resi-
dents. The cost of Level 1 service is based on the full per capita cost of Fort Worth fire
protection.
Level 2 Full fire suppression service, emergency medical services first responder service, inspec-
tion of water hydrants, and hazardous materials incident response. If the Fort Worth Fire
Department Incident Commander determines that any specialized services, including but
not limited to hazardous materials response, technical rescue, and/or emergency medical
services are required for a particular incident responded to in the contracting city by the
Fort Worth Fire Department the contracting city will not be charged for such additional
services. Level 2 service is provided for 90%of the frill per capita cost of Fort Worth fire
protection.
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Level 3 Nearest one-alarm assignment.For this level of service the Fire Department will respond
to the nearest one-alarm assignment, which includes, on average, two Pump companies,
one Ladder company, and one Battalion Chief. This level of service does not include
emergency medical first responder service or hazardous materials response. If the Fort
Worth Fire Department Incident Commander determines that any specialized services,
including but not limited to hazardous materials response, technical rescue, and/or emer-
gency medical services are required for a particular incident responded to in the contract-
ing city by the Fort Worth Fire Department the contracting city will not be charged for
such additional services. Level 3 service is provided at 60% of the per capita cost of Fort i
Worth fire protection. For Westworth Village, this level of service includes response to
motor vehicle accidents.
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Level 4 Nearest one-alarm assignment.For this level of service the Fire Department will respond
to the nearest one-alarm assignment, which includes, on average, two (2) Pump compa-
nies, one(1)Ladder company, and one(1)Battalion Chief.This level of service does not
include emergency medical first responder service or hazardous materials response. If the
Fort Worth Fire Department Incident Commander determines that any specialized ser-
vices, including but not limited to hazardous materials response, technical rescue, and/or
emergency medical services are required for a particular incident responded to in the con-
tracting city by the Fort Worth Fire Department the contracting city will not be charged
for such additional services. This level of service also requires the contracting city to
Fire Service Agreement—Westworth Village Page 11 of 12
supplement the fire ground resources by responding up to all available fire personnel and
apparatus when requested by the Fort Worth fire commander. Such supplemental re-
sources will work under the direction of the Fort Worth Fire Department district chief or
incident commander. Level 4 service is 20%of the per capita cost of Fort Worth fire pro-
tection.
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Fire Service Agreement—Westworth Village Page 12 of 12
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Official site of tide City of Fort Worth,Texas
CITY COUNCILAGENDA FORT WORTH
COUNCIL ACTION: Approved on 6/3/2014
DATE: 6/3/2014 REFERENCE C-26821 LOG 36FIRESERVICEWESTWORTHVILLAGE
NO.: NAME:
CODE: C TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of a Fire Services Agreement with the City of Westworth Village (ALL
COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a multi-year Agreement to provide
fire services to the City of Westworth Village for a first year amount of$266,277.00.
DISCUSSION:
It is recommended that the City of Fort Worth Fire Department (FWFD) enter into an Agreement,
pursuant to Chapter 791 of the Texas Government Code, the Texas Interlocal Cooperation Act to
provide fire services to the City of Westworth Village (Westworth Village). The Agreement will be in
effect for a period of five years commencing July 1, 2014 and expiring June 30, 2019. Cost
adjustments shall be made on an annual basis. At expiration, the terms and conditions of this
Agreement may be extended for additional five-year periods.
The formula utilized to arrive at the charges for fire service provided by the Fort Worth Fire
Department to other cities is based on four variables: Fort Worth's per capita cost of fire protection,
the population of the city receiving fire protection services, a hazard potential factor for the area
covered, and the service level selected by the city receiving the services. Fort Worth's per capita cost
is calculated based on the Fire Department's adopted budget, debt service attributed to the Fire
Department, and Fort Worth's population.
The population of the area to be covered is determined using either the most recent North Texas
Council of Governments population estimates when an entire city is to be covered, or the most recent
U.S. Census Bureau Census Block Date and Census Bureau total average household size when only
a portion of a city is covered. This former method is utilized in the Westworth Village calculation.
The hazard potential factor is a tool to determine whether the area to be covered by the contract has a
greater, lesser, or like fire protection as Fort Worth. The factor is based on an assessment of the
types of properties in the area, transportation routes, open land, other fire protection factors including
water supply, sprinklers, etc., and special factors which are unique to the protection area. All ratings
are based on the relationship of each factor to the "norm" of Fort Worth. A rating of 1.0 means a
factor is the same as is common to like factors in Fort Worth; a greater hazard would receive a higher
rating while a lesser hazard would receive a lower rating.
Four levels of service are available to a contracting city:
Level 1 - Provides full fire service and all ancillary services such as building inspections and fire
safety education programs; and
Level 2 - Full fire suppression service, emergency medical services, inspection of water hydrants,
and hazardous materials response provided; and
Level 3 - Fire suppression provided through the nearest one-alarm assignment consisting, on
average, of two engine companies, one truck company, and one battalion chief. For Westworth
Village, this level of service includes response to motor vehicle accidents; and
Level 4 - Fort Worth Fire Department responds with a one-alarm assignment consisting, on average,
of two engine companies, one truck company, and one battalion chief. Under Level 4, the
contracting city is obligated to supplement the fire ground resources with all of its available fire
personnel and apparatus at the request of the Fort Worth Fire Department incident commander.
The Westworth Village agreement is based on Level 3 service.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that the Revenue Division of the Fort Worth Fire
Department is responsible for the collection of funds due to the City under this Agreement.
TO Fund/Account/Centers FROM Fund/Account/Centers
UUM 4bZbub UIjWUUU Z�ZZb,Z//.UU
Submitted for City Manager's Office-by; Charles Daniels (6199)
Originating Department Head: Rudy Jackson (6801)
Additional Information Contact: Rudy Jackson (6801)
ATTACHMENTS