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HomeMy WebLinkAboutResolution No. 2015-019CITY OF THE COLONY, TEXAS RESOLUTION NO. OI.S- O19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT FOR ASSISTANT EMERGENCY MANAGER BY AND BETWEEN THE CITY OF THE COLONY, THE TOWN OF LITTLE ELM AND THE CITY OF CORINTH TO PROVIDE FORTHE USE OF AN ASSISTANT EMERGENCY MANAGER TO COORDINATE ANIS MANAGE AN EMERGENCY PREPAREDNESS PROGRAM; PROVIDING AN EFFECTIVE HATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 'TIIE. CITY OF THE COLONY, TEXAS: Section 1. That the Cite Council of the City of The Colony, Texas, has duly reviewed and considered the Interlocal Cooperation Agreement for Assistant Emergency Manager by and between the City of The Colony, the Town of Little Elm, and the City of Corinth to provide for the use of an Assistant Emergency Manager to coordinate and manage an emergency preparedness program. Section 2. That this Interlocal Cooperation Agreement for Assistant Emergency Manager, attached hereto as Exhibit "A" is found to be acceptable and in the best interest of the City and its citizens, and the City Manager is hereby authorized to execute the Agreement on behalf of the City of The Colony, Texas, With the terms and conditions as stated therein. Section 3. That this resolution shall tape effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this ')'d day of February, 201 5. 0�ristie T: Wilson, TRMC, City Secretary ROVED AS 'T O FO eff Nloore,)City Attorney Ue) McCco- y, Mayor. ,City of The Colony, Texas I'll, 11 1 1 a MR X WUq Z MIX11 510-MIKINI WRIONO 00"1121 NN NOEUVALI FROM I M This Agreement is made and entered into by and among the Town of Little Elm, Texas, ("Town of Little Elm"), City of The Colony, Texas, ("City of The Colony"), and the City of Corinth, Texas ("City of Corinth") (hereinafter collectively referred to as the "Participating Cities") acting by and through their authorized officers. WHEREAS, the Participating Cities desire to enter into an Interlocal Cooperation Agreement to provide for the use of an Assistant Emergency Manager to coordinate and manage an emergency preparedness program; and WHEREAS,Chapter 791 of the Texas Government Code provides authorization for local governments to contract with one another to provide governmental functions and services; and WHEREAS, it is mutually advantageous for the Participating Cities to enter into this Agreement. NOW, THEREFORE, in consideration of the foregoing and on the terms and conditions hereinafter set forth and for other valuable considerations, the sufficiency and receipt of which are hereby acknowledged, the parties agree as follows; ARTICLE The purpose of this Agreement is to provide for the hiring, supervision, duties, discipline and compensation of a person to be employed as the Town of Little Elm, City of The Colony, and City of Corinth Assistant Emergency Manager in accordance with the terms and provisions hereof. 2.1 This Agreement shall be for a term of one (1) year beginning on the last date of execution (the "Effective Date"). This Agreement shall automatically renew for successive periods of one (1) year under the terms and conditions stated herein, unless superseded by another agreement or terminated as provided herein. 2,2 A Participating City may terminate its participation in this Agreement by providing thirty (30) days prior written notice to the other Participating Cities. The written notice of intent to terminate shall be delivered to the City Managers of the Participating Cities by certified mail, return receipt requested, or hand delivery, with a copy to the Fire Chief of the Town of Little Elm. Termination by one or more parties to this Agreement does not affect the Agreement as it applies to the remaining parties, and shall continue to apply to the remaining parties until terminated by the those parties. The financial obligation of the terminating Participating City shall continue until the expiration of the then -current fiscal year. ARTICLE III ASSISTANT EMERGENCY MANAGER 3.1 General. A qualified person shall be retained, hired and employed to serve under the direction and supervision of the Fire Chief of the Town of Little Elm to serve as the Assistant Emergency Manager (AEM) for all Participating Cities. The Fire Chief shall have the authority to hire, supervise, direct, evaluate, discipline, discharge and ten-ninate the AEM. The AEM shall be an employee of the Town of Little Elm and shall be bound by the Town Little Elm's personnel policies, manuals and directives. Participating Cities will provide input and evaluation on the AEM, job description and assignments. 3.2 Services. The AEM shall perform the duties and functions as stated in the job description attached hereto and, by this reference, incorporated herein as if fully set forth. 3.3 Salary and Benefits. The person serving as AEM is entitled to the same , wa e 9 salary, pension, and other compensation and rights, including injury or death benefits, as other comparable employees of the Town of Little Elm. The Town of Little Elm shall pay to the AEM all wages, benefits, and travel, food, and lodging expenses included in the Town of Little Elm budget. If a participating City requires additional training then all additional costs will be covered by that participating City. 4.1 Assignment. This Agreement may not be assigned by any party hereto without the prior written unanimous consent of the other parties. No assignment, delegation of duties or subcontract under this Agreement shall be effective without the prior written unanimous consent of all parties hereto, 4.2 Governing Law. The validity of this Agreement and any of its terms and provisions, as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas; and venue for any action arising as a result of this Agreement shall be in the state court of proper jurisdiction of Denton County, Texas. 4.3 Legal Construction. In the event that any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions, and the Agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained in this Agreement. �M 4.4 Amendment. This Agreement may be amended by the mutually written agreement of the Participating Cities. 4.5 'Entire - A2reement. This Agreement represents the entire Agreement among the parties respected by subject matter covered by this Agreement. 4,6 Force Maieure. In the event that any party shall be prevented from performing any of its obligations under this Agreement by any act of God, war, right, civil commotion, strikes, fires, flood or by the occurrence of any other event beyond the control of such party, then such party shall be excused from the performance of the obligations in this Agreement but only during such periods of Force Majeure. 4.7 Current Revenues. All costs or expenses incurred by any Participating City as result of this Agreement shall be paid from the current revenues available to the Participating City. 4.8 Recitals. The recitals of this Agreement are incorporated herein. 4.9 Notice. Any notice required to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, or by hand delivery to the party at the address set forth below: IS T 6" M aea Af,,"- Date Town of Little Elm 100 West Eldorado Parkway Little Elm, TX 75068 I ity Manager City of Corinth 3300 Corinth Parkway Corinth, TX 76208 A16 I'll Date .0y"Manager Date ",-City of The Colony 6800 Main St The Colony, TX 75056