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HomeMy WebLinkAboutResolution No. 93-15 ORIGIHAL RESOLUTION NO. 93-15 WHEREAS, arson is the fastest growing crime in America, costing taxpayers millions of dollars each year in additional insurance premiums; and WHEREAS, a group of Denton County municipalities have recognized the need for cooperation in an arson abatement program; and WHEREAS, arson-related fires continue to tax the personnel and equipment of fire departments and their investigative resources, and causing unnecessary exposure to death and injury of innocent citizens, fire fighting and investigative personnel, damage to equipment, and prevents the use of these resources for other emergencies; and WHEREAS, no government .agency can afford to retain and train sufficient numbers of fire and arson investigators to properly investigate major or multi-alarm incidents; and WHEREAS, the citizens of this community and county should be provided a total public information and awareness program and a task force of professional officers to investigate these serious alarms; and WHEREAS, the Texas Government Code, section 791.001 authorizes local government to enter into contracts with other local governments to perform governmental functions and services in accordance with the statute cited herein and the terms of the contract entered into; and WHEREAS, the Texas Local Government Code, § 362.001, et seq., authorized municipalities to enter into agreements with neighboring municipalities to form a mutual aid law enforcement task force to cooperate in criminal investigations; and WHEREAS, the Texas Government Code, § 791.006, provides that in interlocal cooperation agreements for fire protection services that any civil liability' related to the furnishing of those services is the responsibility of the governmental unit which would be responsible for furnishing the services absent the contract or agreement; NOW, THEREFORE, be it resolved by the City Council of The Colony, Texas, that the City Manager be authorized to enter into an interlocal cooperation agreement with other participating agencies of Denton County for an arson abatement task force program that includes an arson control and prevention program to benefit the citizens of this community and other neighboring municipalities. A sample copy of such an agreement is attached hereto and fully incorporated herein. William W. Manning, Mayor Patti A. Hicks, CMC/AAE City Secretary APPROVED AS TO FORM: ~ City Attorney STATE OF TEXAS § C0 TY OF DE TO This Agreement is entered into this ~ day of ~/ 199~ , by and among the City of Lewisvill~ ~wn of Flowe~Mound, City of Denton, City of The Colony, the Denton County Fire Marshal's Office, and the Denton County Sheriff's Department (hereinafter referred to collectively as the "Parties"). The Parties execute this Agreement as hereinafter provided pursuant to the Interlocal Agreement Act, Texas Government Code, § 791.011, et seq., and the Texas Local Government Code, § 362.002, et seq., and all other applicable statutes. WHEPdEAS, there is a need for investigative and prosecutorial cooperation in suspected arson cases in Denton County; and WHEREAS, the Parties hereto have determined that the best possible method for attacking the arson problem within Denton County is an agreement establishing such cooperation by way of a Task Force; and WHEREAS, the Parties desire to enter into this Agreement to provide investigative and prosecutorial cooperation in connection with arson cases; and WHEREAS, each party is authorized to perform the services contemplated herein; NOW, THEREFORE, In consideration of the mutual covenants and the terms and conditions set forth below, the parties do hereby agree as follows: I. The Parties execute this Agreement ~for the purpose of providing arson detection, investigatiVe, and prosecutorial capabilities to each other as the need arises. II. The Denton County Fire Marshal will be the coordinator of the Arson Task Force created by this Agreement, and the Denton Fire Marshal's Office will be the central repository of the Parties' executed counterparts of this Agreement. III. When requested by one party to this Agreement, another party to this Agreement may provide available members of its arson investigative unit to investigate and perform follow-through prosecutorial duties regarding fires of suspicious origin or unknown causes within the requesting jurisdiction. While engaged in such activities, employees of the responding party shall be ARS;O# TASI( F(~C~ [#TERLOCAL AGREEJ~NT -- Page I subject to the rules and regulations of the requesting party and the direction and supervision of the requesting party's officer in charge of the investigation. The availability of a party's officers shall be determined by the party requested to respond. IV. While any responding party investigative officer is in the service of the requesting party, he or she shall be considered an investigative officer of the requesting member and be under the command of the requesting party's fire chief or the fire chief's designee, with all the powers of a regular investigative officer of the requesting party, as fully as though he or she were within the territorial limits of the governmental entity where he or she is regularly employed, and his or her qualifications, respectively, in the job position for the local governmental entity by which he or she is regularly employed shall constitute his or her qualifications for the position within the territorial limits of the requesting member, and no other oath, bond, or compensation need be made. V. In performing duties under this Agreement, each party will comply with all necessary federal, state and local laws, regulations and ordinances, including those relating to disposal of property acquired with grant funds. VI. The party regularly employing the investigative officer shall pay all wages and disability payments, pension payments and payments for damages to equipment and clothing of that officer while he or she is involved in activities pursuant to this Agreement as though the services had been rendered within the jurisdiction wherein the investigative officer is regularly employed. The requesting party shall have no obligation to reimburse the responding party for such costs. VII. Any request for assistance under this Agreement shall include a statement of the amount and type of equipment and number of personnel requested and shall specify the location to which the equipment and personnel requested are to be dispatched, but the amount and type of equipment and number of personnel to be furnished shall be determined by the responding party's fire chief or fire chief's designee. VIII. The fire chief of the responding party, or fire chief's designee, in his or her sole discretion, may at any time withdraw his or her personnel or equipment or discontinue participation in any activity initiated pursuant to this Agreement. ~S~MTA~ F~ ~#TERLOCALA~EEI~'~T--Pm~e2 ZX. A party to this Agreement may withdraw only after providing not less than ninety (90) days' written notice of withdrawal to the other parties. This Agreement may be terminated at any time by the written mutual agreement of the Parties. In the event that any person performing services pursuant to this Agreement shall be citad as a party to a state or federal civil lawsuit arising out of the performance of those services, that person shall be entitled to the same benefits that he or she would be entitled to receive if such civil action had arisen out of the performance of his or her duties as a member of the department where he or she is regularly employed and in the jurisdiction of the party by which that person is regularly employed. XI. The requesting party does hereby indemnify and hold harmless the responding party, its fire department, officials, agents, officers and employees in both their individual and official capacities, from any and all costs expenses, suits, demands, liabilities or damages, incurred or resulting from the responding party's performance under this Agreement. It is the express intention of the Parties hereto that the indemnity provided for in this paragraph will indemnify and protect the responding party from the consequences of the responding party's own negligence, whether that negligence is a sole or a proximate cause of the injury, death or damage. Furthermore, the requesting party accepts responsibility for any loss or damage for which the requesting party is responsible as determined and required by the Interlocal Cooperation Act, Texas Government Code, § 791.001, et seq. XII. It is expressly understood and agreed that, in the execution of this Agreement, no party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. XIII. Each party to this Agreement agrees that if legal action is brought under this Agreement, exclusive venue shall lie in Denton County and shall be governed by the laws of the State of Texas. XIV. In case any one or more of the terms, sentences, paragraphs or provisions contained in this Agreement shall for any reason be AAS;~M TAS~ FORCE I#TE2LOCAL AGREE)4EMT o- Page *~ held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other term, sentence, paragraph or provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. XV. This Agreement may be amended or modified only by the mutual agreement of the Parties hereto in writing to be attached to and incorporated into this Agreement. XVI. This Agreement may be signed in multiple counterparts and shall be binding on the Parties when duly authorized by the governing bodies of such Parties and such Parties' duly authorized representatives and delivered to the Arson Task Force Coordinator. This Agreement contains all commitments and agreements of the Parties, and oral or written commitments not contained herein shall have no force or effect to alter any term or condition of this Agreement. XVIII. The undersigned officers and/or agents of the Parties hereto are the properly authorized officials and have all necessary authority to execute this Agreement on behalf of the parties, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement to be effective upon execution and dating by all of the Parties. This Agreement shall be effective for a period of two years from the date signed and marked on this Agreement by the City of Lewisville, 'Town of Flower Mound, City of Denton, city of The Colony, the Denton County Fire Marshal's office and the Denton County Sheriff's Department. ARS~I4 TASI~ FORr~ Z#T~RLOCAL .4~EE)~T -- Page ATTEST: CITY OF LEWISVILLE, TEXAS BY: Marty Hendrix, AAE/CMC Charles R. Owens City Secretary City Manager DATE: APPROVED AS TO FORM: Ronald J. Neiman City Attorney ATTEST: TOWN OF FLOWER MOUND, TEXAS BY: Ruth DeShaw Van James, Town Manager Town Secretary DATE: APPROVED AS TO FORM: Terrence S. Welch Town Attorney ATTEST: CITY OF DENTON, TEXAS BY: City Secretary DATE: APPROVED AS TO FORM: Debra Drayovitch City Attorney ~S~Ii TA~ F~ ~#TERLOCAL J~REE~IE~T -- Page Patti A. Hicks, CMC/AAE ~n~'harn~ M.~Hall, City City Secretary DATE: ~ff~- ~ APPROVED AS TO FORM: Pete Eckert City Attorney ATTEST: DENTON COUNTY FIRE MARSHAL BY: DATE: APPROVED AS TO FORM: Carmen Rivera-Worley County Attorney ATTEST: DENTON COUNTY SHERIFF'S DEPARTMENT BY: DATE: APPROVED AS TO FORM: Carmen Rivera-Worley County Attorney