HomeMy WebLinkAboutResolution No. 05-15
RESOLUTION NO. ø5" - 15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN
INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF THE
COLONY AND DENTON COUNTY, WHICH IS ATTACHED HERETO
AND INCORPORATED HEREIN AS EXHIBIT "A", FOR THE PURPOSE
OF PROVIDING FIRE PROTECTION SERVICES TO THE
UNINCORPORATED AREAS OF DENTON COUNTY; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the parties hereto are political subdivisions of the State of Texas; and
WHEREAS, Chapter 791 of the GOVERNMENT CODE, the lnterlocal Governmental Cooperation
Act provides for contractual agreements between governmental entities; and
WHEREAS, the City and County desire to enter into an agreement wherein the City would assist in
providing fire protection services to the unincorporated areas of the County; and
WHEREAS, the City Council has determined that it would be in the best interest of public health,
safety and welfare to enter into the Interlocal Cooperation Agreement with Denton County, pursuant
to the provisions of Chapter 791 of the GOVERNMENT CODE and Section 774.003 of the HEALTH
AND SAFETY CODE, for the purposes of the City providing fire protection services to the
unincorporated areas of Denton County;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1. That the Mayor is hereby authorized to execute an lnterlocal Agreement
by and between the City of The Colony and Denton County, Texas for providing fire protection
services to the unincorporated areas of Denton County, which is attached hereto and incorporated
herein as Exhibit "A".
SECTION 2. This Resolution shall become effective immediately from and after its
passage, as the law and charter in such cases provide.
1
70585
DULY PASSED and approved by the City Council of the City of The Colony, Texas, on
this the 17th day of January, 2005.
APPROVED:
~~~],J
Jrm DILLARD, MAYOR
ST
,
f . e ~
( .//.. ~ .
STIE WILSO~TY CRÈT ARY 01"
¡;;¡ZRM~
fOBERT E HAGER, CITY ATTORNEY
~<b Nl.~~ 1/14/05)
2
70585
INTERLOCAL COOPERATION AGREEMENT
FIRE PROTECTION SERVICES
THIS AGREEMENT is made and entered into this ~ day of, ç-e""",,-"f ' 2001.<5
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 "AGENCY".
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, AGENCY is a 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 City of The Colony; and
WHEREAS, AGENCY 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 AGENCY mutually desire to be subject to and contract
pursuant to the provisions of Government Code, Chapter 791, the Interlocal Cooperation Act,
and Sections 352.001 and 352.004, Local Government Code,
NOW, THEREFORE, COUNTY and AGENCY, for the mutual promises, covenants,
Agreements and consideration stated herein, agree as follows:
1.
TERM
The term of this Agreement shall be for the period of October 1, 2004 to and through
September 30,2005.
II.
SERVICES
The services to be rendered in accordance with this Agreement by AGENCY are the fire
protection services normally rendered by AGENCY to citizens of City of The Colony but which
services win now be extended to all citizens of COUNTY residing in the unincorporated areas of
FIRE CONTRACT 2004-05 1
COUNTY within the operating territory or jurisdiction of AGENCY as agreed to by AGENCY
and COUNTY in this Agreement and as set forth in Exhibit A. These services are rendered in
consideration of the basic funding and the separate per call fee set forth in this Agreement; for
the common good and benefit; and to serve the public convenience and necessity of the citizens
of COUNTY who are not otherwise protected with respect to fire prevention, extinguishment,
safety, and rescue services. The services to be rendered are as follows:
A. AGENCY shall make available and provide emergency fire prevention,
extinguishment, safety and rescue services within the agreed or specified territory or jurisdiction
ofthe AGENCY;
B. AGENCY shall respond to requests for fire protection services made within
COUNTY as set out in Exhibit "A" attached hereto and incorporated by reference.
C. COUNTY agrees that, in the event a fire in the AGENCY's unincorporated
designated area which AGENCY considers to be of incendiary nature and upon request by
AGENCY, 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 assist in the prosecution of any case of arson.
AGENCY shall not be responsible for investigations of suspected incendiary fires in the
unincorporated areas, but shall cooperate with the County Fire Marshal in immediately relating
all pertinent information possible to the investigator(s).
D. COUNTY agrees that the County Fire Marshal may assist in the conduct of
appropriate investigations of a fire which AGENCY considers to be of incendiary nature in the
AGENCY's incorporated designated area upon request by AGENCY.
E. AGENCY shall submit monthly statements on the Texas Fire Incident Reporting
System's standardized forms to the Denton County Fire Marshal, no West Hickory, Denton,
Texas 76201. This form will serve as the billing statement to COUNTY for reimbursement of
calls made in the unincorporated designated area. The Denton County Fire Marshal shall
provide the forms upon request from AGENCY.
F. AGENCY, in the performance of its duties and responsibilities under this Agreement,
shall have the responsibility, within the sole discretion of the officers and employees of
AGENCY except as otherwise determined by the Denton County Fire Marshal, to determine
FIRE CONTRACT 2004-05 2
priorities in the dispatching and use of AGENCY equipment and personnel, and the judgment of
any such officer or employee as to any such matter shall be the final determination.
III.
LIASON OFFICER
COUNTY shall designate the County Judge to act on behalf of COUNTY and to serve
as "Liaison Officer" between COUNTY and AGENCY. The County Judge or her designated
substitute shall devote sufficient time and attention to this Agreement to insure the performance
of all duties and obligations of COUNTY and provide supervision of COUNTY's employees,
agents, contractors, sub-contractors and/or laborers engaged in the performance of this
Agreement for the mutual benefit of COUNTY and AGENCY.
IV.
PERFORMANCE OF SERVICE
A.GENCY shall devote sufficient time and attention to insure the performance of all
duties and obligations of AGENCY under this Agreement and shall provide immediate and
direct supervision of the AGENCY employees, agents, contractors, sub-contractors and/or
laborers engaged in the performance of this Agreement for the mutual benefit of AGENCY and
COUNTY.
V.
COMPENSATION
COUNTY agrees to pay to AGENCY for the full performance of services as provided in
this Agreement the sum of TEN THOUSAND AND NO/lOOTHS DOLLARS ($10,000.00),
payable upon execution of this Agreement, and the further sum of THREE HUNDRED SIXTY-
EIGHT AND 10/100TH DOLLARS ($368.10) per fire call in the designated unincorporated
areas of COUNTY from October 1, 2004 to September 30, 2005. The total of all payments by
COUNTY to AGENCY pursuant to this Agreement is estimated to be $80,982.00. COUNTY
will make no payment to AGENCY for service provided outside the agreed service district
whether by mutual aid Agreement or otherwise. AGENCY understands and agrees that payment
by the COUNTY to AGENCY shall be made in accordance with the normal and customary
processes and business procedures of COUNTY and in conformance with applicable state law.
FIRE CONTRACT 2004-05 3
V1.
RADIOS
As additional compensation to AGENCY, COUNTY has transferred ownership of a
STX 800 Mhz radio to AGENCY in carrying out the terms of this contract. No Agreement has
been made for any additional radios now or in the future, which has been previously provided in
earlier contracts for use by AGENCY.
VII
FINANCIAL RECORDS
AGENCY agrees to make available its financial records for audit and/or review as may
requested or required by COUNTY.
VIII
RESPONSIBILITY OF COUNTY
COUNTY shall be responsible for the acts, negligence, and/or omissions of all officers,
employees, and agents of COUNTY while engaged in the performance of this Agreement. .
IX.
RESPONSIBILITY OF AGENCY
AGENCY shall be responsible for the acts, negligence, and/or omissions of all officers,
employees, and agents of AGENCY while engaging in the performance of this Agreement.
X.
APPLICABLE LAW
COUNTY and AGENCY 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 to the Agreement. Insofar as legally possible COUNTY and AGENCY agree to be
bound by the above mentioned statutes as they exist as of the date of this Agreement.
XI.
DEFAULT
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 of ten
(10) days after notice to the other party in writing of such default and intention to declare this
FIRE CONTRACT 2004-05 4
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.
XII
TERMINATION
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,
AGENCY 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 AGENCY 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, 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.
XIII.
GOVERNMENTAL~~TY
The fact that COUNTY and AGENCY 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
AGENCY 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.
XIV.
ENTIRE AGREEMENT
This Agreement represents the entire and integrated Agreement between AGENCY 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
AGENCY and COUNTY.
FIRE CONTRACT 2004-05 5
XV.
LAW OF CONTRACT
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.
XVI.
SEVERABILITY
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.
XVII.
AUTHORITY
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.
XVIII.
SERVICE AREA
Acceptance of this Agreement constitutes approval of the service area set out in attached
Exhibit "A".
EXECUTED in duplicate originals, this the ~ day of çf>_~n._l.o.ri 200{ S
COUNTY AGENCY
Denton County, Texas City of The Colony
110 West Hickory 4900 Blair Oaks
Denton, Texas 76 The Colony, Texas 75056
By B~'- ~JPiJ
N -, D'r.A". ~~ \\4Y~
fit e fh"'/~"".
Acting on behalf of and by Acting on behalf of and by the
the authority of Denton County authority of the City of The Colony
Commissioners Court of
Denton County, Texas.
FIRE CONTRACT 2004-05 6
ATTEST:
BY:G~ Vv'i¡ ~
Denton County Clerk
Cynthia Mitchell
APPR~ AS TO CO
_a
Denta County .
AUDITOR'S CERTIFICATE
I hereby certify thatfiIuds are available in the amount of $ / t} II:J~ to
accomplIsh and pay the oblIgatIOn of Denton County unde' thIs contract.
elm, Denroi~¿fA
O/--I;Jf1-t¡)/¡j
FIRE CONTRACT 2004-05 7
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