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HomeMy WebLinkAboutResolution No. 02-08 CITY OF THE COLONY, TEXAS RESOLUTION NO. ~;}c¢ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER 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 City Manager 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_ day of ~'~-~~ .~ 2002 -. B~cm~tta H~¢ n~i lc_Sharon~ ATTEST: Patti A. Hicks, TRMC, City Secretary THE STATE OF TEXAS ) ) COUNTY OF DENTON ) INTERLOCAL COOPERATION AGREEMENT FIRE PROTECTION SERVICES THIS AGREEMENT is made and entered into this ,)": ' day of, ' , :-.:~ ~ '~.. , 2002, by and between Denton County, a political subdivision of the State of Texas, hereinafter referred to as "COUNTY" and the City of The Colony, an 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 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, 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 the provisions of V.T.C.A. Govemment 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 AGENCY, for the mutual consideration hereinafter stated, agree as follows: I. The effective date of this agreement shall be the 1st day of October, 2001. The term of this agreement shall be for the period of October 1,2001 to and through September 30, 2002. INTERLOCAL COOPERATION AGREEMENT FIRE PROTECTION SERVICES 01-02 II. Services to be rendered hereunder by AGENCY are fire protection services normally rendered within the AGENCY 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 AGENCY 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 AGENCY Fire Department shall respond to requests for fire protection services made within COUNTY as set out in Exhibit "A" attached hereto and incorporated by reference. C. The COUNTY agrees that in the event a fire in the AGENCY's unincorporated designated area which the AGENCY considers to be of incendiary nature and upon request by the 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 prosecution of arsonists. D. It is further agreed that the AGENCY 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 AGENCY considers to be of incendiary nature in the AGENCY's incorporated designated area upon request by the AGENCY. INTERLOCAL COOPERATION AGREEMENT 2 FIRE PROTECTION SERVICES 01-02 F. It is further agreed that the AGENCY 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 AGENCY. H. It is recognized that the officers and employees of AGENCY'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, unless otherwise determined by the Denton County Fire Marshall. III. The 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 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 AGENCY. IV. AGENCY shall ensure the performance of all duties and obligations of AGENCY as hereinafter stated, devote sufficient time and attention to the execution of said duties on behalf of AGENCY in full compliance with the terms and conditions of this agreement and shall provide immediate and direct supervision of the AGENCY employees, agents, contractors, sub- INTERLOCAL C00PERATION AGREEMEIqT FIRE PROTECTION SERVICES 01-02 contractors and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of AGENCY and COUNTY. V. For the services hereinabove stated, COUNTY agrees to pay to AGENCY 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 TWO HUNDRED FIFTY-TWO DOLLARS ($252.00) 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. AGENCY understands and agrees that payment by COUNTY to the AGENCY shall be made in accordance with the normal and customary processes and business procedures of COUNTY, and in conformance with applicable state law. COUNTY has provided AGENCY with a STX 800 Mhz radio for the use of AGENCY 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 reserves the right to reclaim the property at any time for any reason. It is agreed by COUNTY and AGENCY that the radio was provided for in previous contracts between COUNTY and AGENCY. 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 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. INTERLOCAL COOPERATION AGREEMENT "~ FIRE PROTECTION SERVICES 01-02 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, 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, 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 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 govermnent powers and functions. INTERLOCAL COOPERATION AGREEMENT FIRE PROTECTION SERVICES 01-02 XI. 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. XII. This agreement and any of its terms and provision, as well as the fights 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. INTERLOCAL COOPERATION AGREEMENT FIRE PROTECTION SERVICES 01-02 EXECUTED in duplicate originals, this the., ?day of t ,..u,~ ~' '~"' I' ,2002. COUNTY AGENCY Denton County, Texas City of The Colony 110 West Hickory 4900 Blair Oaks Denton, Tex. as 76201 The Colony, Texas 76262 By Denton County Judge ~.,~m!~u,.,m Title ,].. ,,: . &' :,¢" ~ .... %. . Acting on behalf of and by ~ % ',',,".~:~T,. ?~('>,. AcUng on behalf of and by the the authority of Denton Cou~.,. ~,.~ . .,.x> :~, authority of the City of The Colony. Commissioners Cou~ of - o. ~ ,.,~ a., ...,.. ~- ~ Denton Count , Texas. - .... -, ~' e',' - ~ = ~ ~ ,~,_ i' '~', ~ .%' ~ ATTEST: _ ~ojltt.X3~ .~x<; ATTEST: 7 . Cynmig it [.. ' ' - {/ Secreta~ ............ Denton' County C:erk - APPROVED AS TO CONTENT:... AP..PR~VED AS TO CONTENT: D~t, On ldount~e M~14a, Fire Chief APPROVED AS TO FORM: A~sistant District Attorney INTERLOCAL COOPERATION AGREEMENT / FIRE PROTECTION SERVICES 01-02