HomeMy WebLinkAboutResolution No. 2020-09 RESOLUTION NO. R2020-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FRIENDSWOOD, TEXAS, APPROVING A
CONTRACTUAL AGREEMENT FOR DISPATCHING
SERVICES BETWEEN THE FOREST BEND FIRE
DEPARTMENT AND CITY OF FRIENDSWOOD;
AUTHORIZING THE MAYOR TO EXECUTE, AND THE
CITY SECRETARY TO ATTEST,THE AGREEMENT.
* * * * * * * * * *
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS:
Section 1. The facts and matters set forth in the preamble of this Resolution are hereby
found to be true and correct.
Section 2. The City Council of the City of Friendswood, Texas,hereby authorizes and
approves the Contractual Agreement for Dispatching Services between Forest Bend Fire
Department and City of Friendswood, and compensation for such services in an amount equal to
$18,000 per year.
Section 3. That the Mayor and City Secretary are authorized and directed to execute
and attest,respectively,the Contractual Agreement for Dispatching Services between Forest Bend
Fire Department and City of Friendswood in substantially the same form as is attached hereto as
Exhibit "A" and made a part hereof for all purposes.
PASSED,APPROVED AND RESOLVED on this 6th day of Aprils 2020.
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R2020-09
Exhibit A
EMERGENCY DISPATCHING SERVICES AGREEMENT
BETWEEN THE FOREST BEND FIRE DEPARTMENT,INC.,
AND THE CITY OF FRIENDSWOOD
Introduction:
This Emergency Dispatching Services Agreement dated as of this 6 day of Apri 1 ,
2020, is between the City of Friendswood, a home rule municipality, and Forest Bend Fire
Department,a non-profit, limited liability corporation existing in the State of Texas.
Recitals:
WHEREAS, fire suppression and emergency medical services are a public necessity for
the citizens of Harris County; and
WHEREAS, the City of Friendswood (CITY)has facilities and personnel for emergency
dispatch operations that Forest Bend Fire Department(FOREST BEND) does not; and
WHEREAS, Forest Bend Fire Department(FOREST BEND) desires to contract with the
City of Friendswood (CITY), to provide emergency dispatching services for citizens served by
the Forest Bend Fire Department; and
WHEREAS,The City of Friendswood(CITY)has agreed to provide such services.
NOW, THEREFORE, in consideration of the mutual promises, covenants, obligations
and benefits of this Agreement, the CITY and FOREST BEND FIRE DEPARTMENT (jointly
known as Parties) contract and agree as follows:
I.
Services Provided
The City of Friendswood will maintain and operate an Emergency Communications Center
which will provide a central facility for the receipt of emergency and non-emergency
communications(whether oral, written,telephonic,radio or other means) directed to Forest Bend
Fire Department (FOREST BEND), and for the dispatching of FOREST BEND FIRE
DEPARTMENT personnel and equipment,either by oral communication,radio,telephone or other
electronic means,within the geographic area served by Forest Bend Fire Department.
II.
Payment by Forest Bend Fire Department for Emergency Dispatch Services
In consideration of the performance of the Services described herein, FOREST BEND
FIRE DEPARTMENT shall pay CITY a monthly contract value of$1,200.00 in monthly payments
due on the 20th of each month beginning on or before March 20, 2020, and continuing through
November 20, 2020, and thereafter, FOREST BEND FIRE DEPARTMENT shall pay CITY a
monthly payment of$1,500.00 beginning on or before December 20, 2020 and continuing each
month thereafter through February 20,2023.
If laws and ordinances (e.g., labor,benefits, insurance,training, certifications)are enacted
that increase the CITY costs to supply Services, the actual direct and indirect financial impact of
said laws shall be added to the monthly fee.
III.
Responsibilities of Forest Bend Fire Department
Forest Bend Fire Department will utilize standard industry radio communications at all
times. All units must be equipped with a current approved radio capable of communicating directly
with the CITY Police Department and Dispatch. Personnel and equipment must be equipped with
an appropriately programmed radio. Radios must be programmed with an approved template
provided by the City of Friendswood(CITY)to provide inter-operative communications.
Forest Bend Fire Department and City Dispatch will agree to protocols and procedures
required for Services pursuant to this Agreement, including the following:
The Friendswood Police Department will be responsible for the original notification and
continued communication of information that it receives into the Telecommunications Center.The
dissemination of that information will be in the following protocol:
1. The primary form of incident notification(the alerts for a call for service)and incident
data for service for Forest Bend Fire Department (FOREST BEND) will be through
radio communications and/or the use of radio tones. This notification will be sent out
by the Police Department's Telecommunications Center via the Police Department's
radio communications equipment to 700/800 MHz Motorola Apex radios and Motorola
Minitor VHF (151.445/159.225 frequency)pagers. These radio and pager systems are
intrinsically reliable and provide the responding FOREST BEND FIRE
DEPARTMENT personnel with the most essential first responder information.
2. The secondary form of incident data information will be through the Police
Department's CAD system. The CITY will provide access to CAD for all Forest Bend
Fire Department call-for-service information and the FOREST BEND FIRE
DEPARTMENT billing requirements.
3. The additional method of incident notification and incident data information will be
through FOREST BEND FIRE DEPARTMENT sponsored third-party applications,
where members can subscribe to e-vendors for FOREST BEND FIRE
DEPARTMENT call information and notifications on their personnel mobile devices.
It will be at the discretion of FOREST BEND FIRE DEPARTMENT leadership what
applications are utilized and in what manner. The application needs to be approved by
the League City Consortium and any change in vendors needs to be communicated with
the CITY. The use of these applications must be reviewed/audited at least quarterly to
ensure functionality, membership status, and the accuracy of contact information
within the application.
4. A data transfer interface will be provided to allow CAD call information to be
populated into incident reporting systems including those used for FOREST BEND
FIRE DEPARTMENT Billing and patient care reports.
IV.
Responsibilities of the City of Friendswood
CITY shall provide the following to FOREST BEND FIRE DEPARTMENT:
(a.) 9-1-1 dispatch services provided by the Friendswood Police Department
Communications Division.
V.
Contract Default
The monthly fees set forth in Paragraph II of this Agreement is payable upon execution of
this Agreement, and on the anniversary date for each succeeding year,in advance. If Forest Bend
Fire Department has not paid any of the compensation described in Paragraph II within the time
allowed by this Paragraph it shall be considered in default. In the event of default by Forest Bend
Fire Department, all emergency communications services to be provided by the City of
Friendswood under this agreement may be suspended ninety (90) days after written notice of
default is given to Forest Bend Fire Department. The default may be cured by full payment of all
past due fees and collection charges within thirty(30)days after suspension of service,where upon
emergency communications services shall be restored. If Forest Bend Fire Department is in
default two or more times after the inception of this Agreement, it is subject to forfeiture of all
rights under this Agreement and to permanent loss of all rights to receive emergency
communications services from the City of Friendswood. Under no circumstances shall the City of
Friendswood accept liability for providing or failure to provide emergency communication
services to Forest Bend Fire Department for being in default as per the terms of this Agreement.
VI.
Governing Laws
The obligations of the City of Friendswood and Forest Bend Fire Department shall be
construed and enforced in accordance with the laws of the State of Texas. Venue for any dispute
arising out of the performance of this Agreement shall lie in court of competent jurisdiction in
Galveston County, Texas.
VII.
Entire Agreement and Severability
This Agreement and any amendments thereto, contain the entire agreement between the
City of Friendswood and Forest Bend Fire Department for emergency dispatching services. No
variations, modifications or changes shall be binding unless in writing. The phrases, clauses,
sentences, paragraphs or sections of this agreement are severable and, if any phrase, clause,
sentence paragraph, or section of this agreement should be declared invalid by the final decree or
judgment of any court of competent jurisdiction, such invalidity shall not affect any of the
remaining phrases, clauses, sentences,paragraphs and sections of this Agreement.
VIII.
Indemnification and Insurance
Forest Bend Fire Department agrees to indemnify, defend, and hold harmless the City of
Friendswood (CITY), its officers, officials, agents, and employees from and against any and all
claims, loss, damages, suits, causes of action, or liability of every kind, including all expenses of
litigation, court costs, and attomey's fees, for injury to or death of any person, or for damage to
any property, arising out of, or in conjunction with the work done by or caused by,or any acts or
omissions of Forest Bend Fire Department (FOREST BEND), its officers, employees, agents or
subcontractors,relating to any of the FOREST BEND FIRE DEPARTMENT duties, obligations,
or its performance under this Agreement.
Insurance Requirements:
Forest Bend Fire Department(FOREST BEND)agrees to keep the following Insurance in
full force and effective during the term of this Agreement and name the City of Friendswood
(CITY)as an additional insured:
Comprehensive General Liability: occurrence type insurance:
1. Bodily injury $500,000 single limit per occurrence or$500,000 each person/$500,000 per
occurrence.
2. Property Damage$100,000 per occurrence.
3. Minimum aggregate policy year limit$1,000,000.
Forest Bend Fire Department (FOREST BEND) will notify City at least thirty (30) days
in advance of cancellation,non-renewal or adverse change to the required insurance.New
certificates of insurance are to be provided to City at least ten(10)days following coverage
renewals or changes.
IX.
Term
The initial term of this Agreement shall begin on March 1,2020 (Effective Date)and shall
be in force and effect for three (3) years, ending on February 28, 2023. The Agreement may be
extended for two (2)intervals of one(1)year each,upon mutual agreement of the governing body
of Parties.
X.
Termination
This Agreement may be terminated in the following ways:
(a.) After the initial term or agreed extensions of this Agreement has expired, CITY or
FOREST BEND FIRE DEPARTMENT may terminate this Agreement by giving the other
party at least one hundred eighty (180)days prior written notice of the termination. CITY
must continue to provide service to FOREST BEND FIRE DEPARTMENT (FOREST
BEND FIRE DEPARTMENT) during this time; or
(b.) This Agreement may be terminated upon written, mutual agreement.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in multiple copies,
each of which shall be deemed to be an original, as of the date and year first written on this
Agreement.
CITY OF FRIENDSWOOD, TEXAS
BY:
orad Kabi , City Manager
ATTEST •:
OF F • •
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BY: (A (_ • 00•
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Melinda Welsh, City Secretary •
FOREST BEND FIRE DEPARTMENT, INC.
BY:
To off, Fire Chief