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HomeMy WebLinkAboutResolution No. 00-03 CITY OF THE COLONY, TEXAS RESOLUTION NO. /~)g)-/~3 A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY AND DENTON COUNTY FOR THE PROVISION OF FIRE PROTECTION SERVICES TO THE RESIDENTS OF DENTON COUNTY; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the Mayor of the City of The Colony, Texas, is hereby authorized and empowered to execute an Interlocal Cooperation Agreement with Denton County for the provision of fire protection services to the residents of Denton County as defined in the Agreement. Section 2. That a true and correct copy of the Interlocal Cooperation Agreement is attached hereto and incorporated herein. Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 17th day of January, 2000. ATTEST: . Manning, Mayor . . THE STATE OF TEXAS ) : COUNTY OF DENTON ) INTERLOCAL COOPERATION AGREEMENT FIRE PROTECTION SERVICES THIS AGREEMENT is made and entered into this/j;r~t day of,.~,,,T ,~,' by and between DENTON COUNTY, a political subdivision of the State of Texas, hereinafter referred to as "COUNTY" and the "CITY OF THE COLONY", a municipal corporation located in Denton COUNTY, Texas, hereinafter referred to as "CITY." WHEREAS, COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of COUNTY government and related services for the benefit of the citizens of Denton COUNTY; and WHEREAS, CITY is a municipal corporation, duly organized and operating under the laws of the State of Texas and is engaged in the provision of fire protection service and related services for the benefit of the citizens of Denton COUNTY; and WHEREAS, CITY is the owner and operator of certain fire protection vehicles and other equipment designed for the extinguishing of fire and prevention of damage to property and injury to persons from fire and has in its employ trained personnel whose duties are related to the use of such vehicles and equipment; and WHEREAS, COUNTY and CITY mutually desire to be subject to the provisions of V.T.C.A. Government Code, Chapter 791, the Interlocal Cooperative Act and Sections 352.001 and 352.004 Local Government Code and contract pursuant thereto; NOW, THEREFORE, COUNTY AND CITY, for the mutual consideration hereinafter stated, agree as follows: I. The effective date of this agreement shall be the I st day of October, 1999. The term of this agreement shall be for the per/od of October 1, 1999 to and through September 30, 2000. THE COLONY FIRE CONTRACT 1999-00 I II. Services to be rendered hereunder by CITY are fire protection services normally rendered within the CITY Fire Department as hereinafter defined, to citizens of COUNTY, to wit: A. Availability and provision of emergency fire prevention, extinguishment, safety and rescue services within the agreed or specified territory or jurisdiction of the CITY Fire Department; said services to be rendered as described herein by said Department in all unincorporated areas within the above referenced operating territory or jurisdiction of such · Department, the referenced services as set out herein are rendered by said Department in consideration of the basic funding referenced elsewhere herein and the per-call fee set out elsewhere herein, for the common good and benefit and to serve the public convenience and necessity of the citizens of Denton COUNTY who are not otherwise protected with respect to fire prevention, extinguishment, safety, and rescue services. B. The CITY Fire Department shall respond to requests for fire protection services made within COUNTY as set out in Exhibit "A" attached hereto designated area 24 and incorporated by reference. C. The COUNTY agrees that in the event a fire in the CITY's unincorporated designated area which the CITY considers to be of incendiary nature and upon request by the CITY, the COUNTY Fire Marshal will dispatch investigation personnel to the fire scene within a response time sufficient to legally maintain and protect all evidence of said fire and will conduct all appropriate investigation and prosecution of arsonists. D. It is further agreed that the CITY shall not be responsible for investigations of suspected incendiary fires in rural area, but shall cooperate with the COUNTY Fire Marshal in immediately relating all pertinent information possible to the investigator(s). E. It is further agreed that the COUNTY Fire Marshal may assist in the conduct of appropriate investigations of a fire which the CITY considers to be of incendiary nature in the CITY's incorporated designated area upon request by the CITY. THE COLONY FIRE CONTRACT 1999-00 2 F. It is further agreed that the CITY shall submit monthly statements on the Texas Fire Incident Reporting System's standardized forms to the Denton COUNTY Fire Marshal, 110 West Hickory, Denton, Texas 76201. This form will serve as the billing statement to the COUNTY for reimbursement of calls made in the unincorporated designated area. G. It is further agreed that Denton COUNTY Fire Marshal shall provide the forms upon request from the CITY. H. It is recognized that the officers and employees of CITY's Fire Department have duties and responsibilities which include the rendition of fire protection services, and it shall be the responsibility and within the sole discretion of the officers and employees of said Fire Department to determine priorities in the dispatching and use of such equipment and personnel, and the judgment of any such officer or employee as to any such matter shall be the final determination. III. The COUNTY shall designate the COUNTY Judge to act on behalf of COUNTY and to serve as "Liaison Officer" between COUNTY and CITY. The COUNTY Judge or his designated substitute shall insure the performance of all duties and obligations of COUNTY herein stated, devote sufficient time and attention to the execution of said duties on behalf of COUNTY in full compliance with the terms and conditions of this agreement and provide supervision of COUNTY'S employees, agents, contractors, sub-contractors and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of COUNTY and CITY. IV. CITY shall ensure the performance of all duties and obligations of CITY as hereinafter stated, devote sufficient time and attention to the execution of said duties on behalf of CITY in full compliance with the terms and conditions of this agreement and shall provide immediate and direct supervision of the CITY employees, agents, contractors, sub-contractors and/or laborers, if THE COLONY FIRE CONTRACT 1999-00 3 any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of CITY and COUNTY. V. For the services hereinabove stated, COUNTY agrees to pay to CITY for the full performance of this agreement the sum of TEN THOUSAND DOLLARS ($10,000.00) upon execution of this agreement and the sum of ONE HUNDRED SEVENTY-FIVE DOLLARS ($175.00) per fire call in the designated unincorporated areas of Denton COUNTY, Texas. No payment will be made for service provided outside the service district whether by mutual aid agreement or otherwise. CITY understands and agrees that payment by COUNTY to the CITY shall be made in accordance with the normal and customary processes and business procedures of COUNTY, and in conformance with applicable state law. COUNTY agrees to provide to CITY an STX 800 Mhz radio for the use of CITY in carrying out the terms of this contract. This radio will remain the property of the COUNTY and will be returned on termination of this agreement. COUNTY will bear the risk of loss or destruction and make necessary repairs so long as CITY uses the property in a reasonable manner for the purposes of this contact. COUNTY reserves the right to reclaim the property at any time for any reason. It is agreed by COUNTY and CITY that the radio was provided for in previous contracts between COUNTY and CITY. No agreement has been made for an additional radio. VI. COUNTY agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all COUNTY'S officers, employees, and agents while with in its COUNTY limits. VII. COUNTY and CITY understand and agree that liability under this contract is governed by V.T.C.A. Government Code Chapter 791 and V.T.C.A. Local Government Code Section 352.001 and 352.004. This agreement is made in contemplation of the applicability of these laws THE COLONY FIRE CONTRACT 1999-00 4 to the agreement. Insofar as legally possible COUNTY and CITY agree to be bound by the above mentioned statutes as they exist as of the date of this agreement. VIII. In the event of any default in any of the covenants herein contained, this agreement may be forfeited and terminated at either party's discretion if such default continues for a period often (10) days after notice to the other party in writing of such default and intention to declare this agreement terminated. Unless the default is cured as aforesaid, this agreement shall terminate as if that were the day originally fixed herein for the expiration of the agreement. IX. This agreement may be terminated any time, by either party giving sixty (60) days advance written notice to the other party. In the event of such termination by either party, CITY shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses then due and as authorized by this agreement. In the event of such termination, should CITY be overcompensated on a pro rata basis for all services performed to termination date, and/or be overcompensated reimbursable expenses as authorized by this Agreement, then COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this agreement. X. The fact that COUNTY and CITY accept certain responsibilities relating to the rendition of fire protection services under this agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be and it is hereby invoked to the extent possible under the law. Neither CITY nor'COUNTY waives nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising from the exercise of government powers and functions. THE COLONY FIRE CONTRACT 1999-00 5 XI. This agreement represents the entire and integrated agreement between CITY and COUNTY and supersedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written instrument signed by both CITY and COUNTY. XII. This agreement and any of its terms and provision, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. XIII. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. XIV. The undersigned officer and/or agents of the parties hereto are the property authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto, 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. XV. Acceptance of this contract constitutes approval of the service area set out in exhibit "A" attached hereto. THE COLONY FIRE CONTRACT 1999-00 6 EXECUTED in duplicate originals, this the..//~7gut day of _,-.t ,t~ ,19?,9. COUNTY CITY DENTON COUNTY, TEXAS CITY OF ;OLONY 110 WEST HICKORY 71 BLVD. DENTON, T,FeXA$ 76201 ~ :S 75056 By~ Wilson Title: Denton COUNTY Judge Acting on behalf of and by .~Xlllllll~llttt//i,~ Acting on behalf of and by the the authority of DENTON CO ~U,,~. ~'1~'0 U R ? ~ y,z authority of the COLO~ Fire. Co~issioners Cou~ of & ~ ,':' ~, ~;~. Dep~ent. Denton COUNTY, Text. ~'~ - ~ ATTEST: ~ ~ ~ .. ~ ~,., ......... BY:~o°~ BY: C~thia Mitchell Secreta~ Denton COUNTY Clerk ~O~~S ~ .~D AS TO C,NTENT: ~ ~ire Chef ~R~OvED AS TO FO~- ssist~t Dis~ct Attorney THE COLONY FIRE CONTRACT 1999-00 7