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HomeMy WebLinkAboutResolution No. 08-108 CITY OF THE COLONY, TEXAS RESOLUTION NO. 08- I CJ g A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN ANNUAL INTERLOCAL COOPERA TION 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; PROVIDING AN EFFECTIVE DATE. WHEREAS, the parties hereto are political subdivisions of the State of Texas; and WHEREAS, Chapter 791 of the Government Code 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 lnterlocal Cooperation Agreement with Denton County for the purpose 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 Cooperation Agreement with Denton County for providing fire protection services to the unincorporated areas of Denton County, which is attached hereto and incorporated herein as Exhibit "A". Section 2. passage. That this resolution shall take effect immediately from and after its PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 17th day of November. 2008. l!t-~M d~ C nstIe WIlson, TRMC, CIty Secretary ~ .-'. ,", ~ . '-':':;-:. THE COUNTY OF DENTON STATE OF TEXAS ~ ~ ~ ~ CITY OF THE COLONY FIRE DEPARTMENT INTERLOCAL COOPERATION AGREEMENT FIRE PROTECTION SERVICES THIS AGREEMENT is made and entered into this n day of No lief)'\. -h~ 2008, 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 municipal corporation, duly organized and operating under the laws of the State of Texas and is engaged in the provision of fire protection services and related services for the benefit of the citizens of the 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 Chapter 352 of the 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, 2008 to and through September 30,2009. 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 The Colony but which services will now be extended to all citizens of COUNTY residing in the unincorporated areas of 2008 - 2009 Interlocal Cooperation Agreement - Fire Protection Services/The Colony - Page 1 of6 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 of the AGENCY; B. AGENCY shall respond to requests for fire protection services made within the portion of the COUNTY designated as "The Colony" 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, 9060 Teasley Lane, Denton, Texas 76210-4010. 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 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. 2008 - 2009 Interlocal Cooperation Agreement - Fire Protection Services/The Colony - Page 2 of6 111. LIAS ON 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 AGENCY 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/I00THS DOLLARS ($10,000.00), payable upon execution of this Agreement, and the further sum of FOUR HUNDRED AND NO DOLLARS ($400.00) per fire call in the designated unincorporated areas of COUNTY from October 1, 2008 to September 30,2009. COUNTY anticipates AGENCY to run approximately 5 fire calls for a total funding of $2,000.00 for fire. calls. The total payments by COUNTY to AGENCY pursuant to this Agreement are estimated to be $12,000.00. 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. VL FINANCIAL RECORDS AGENCY agrees to make available its financial records for audit and/or review as may requested or required by COUNTY. 2008 - 2009 Interlocal Cooperation Agreement - Fire Protection Services/The Colony - Page 3 of6 VII. RESPONSIBILITY OF COUNTY COUNTY, to the extent allowed by law, 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. VIII. RESPONSIBILITY OF AGENCY AGENCY, to the extent allowed by law, 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. IX. 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 Chapter 352. 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. X. 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 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. XL 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 2008 - 2009 lnterlocal Cooperation Agreement - Fire Protection Services/The Colony - Page 4 of6 of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XII. GOVERNMENTAL IMMUNITY 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. XIIL 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. XIV. LAW OF CONTRACT This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The venue of any dispute or matter arising under this Agreement shall lie in Denton County. XV. 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. XVL AUTHORITY The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties 2008 -- 2009 Interlocal Cooperation Agreement - Fire Protection Services/The Colony - Page 5 of6 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. XVII. SERVICE AREA Acceptance of this Agreement constitutes approval of the service area set out in attached Exhibit "A". EXECUTED in triplicate originals, this the 12 day of rV 0 ve~vY 2008. COUNTY Denton County, Texas 11 0 West Hickory Denton, Te s 201 AGENCY City of The Colony 4900 Blair Oaks The Colony, Texas 75056 ~~~*~;J By \\\\llllillll/ Acting on behalf of and by the ,"'....\'\\t.R'S C;;>'." Acting on behalf of and by the authori~y ?fDenton County !''scs.~'':f:fj.''''': ~;',~authority ofthe City of The Colony CommIsSIOners Court of f ~.<'l-<rf . . ~..-;~ Denton County, Texas I ~ :';;;..,' ";..,1.. :j'\ CJ~. :: ~ ;c-,:~"f"',,_): !:J:1 : - .1"'0 'F'" "./~ltI i f' <:. .: \ v.~~ ..::.t1. '~i ,~I'::'~.,APPROVE , -r:,> ,''8Irt ;II.,' ~ , . -'l'" .~'... 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