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HomeMy WebLinkAboutResolution No. 2011-086CITY O THE COLONY, TE-KAS RESOLU'IION NO. 2III1- NVHEI:EAS, the parties hereto are political subdivisions of the State of Texas; and WHEREAS, Chapter 791 of the Government Code Intei-local Govei-nuaerr_tal Cooperation Act provides for contractual agreernents between govcrnmental entities; and WHE U, AS, 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 for the purpose of the City providing fire protection services to the unincorporated areas of Denton County, NO NN', THERE.FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OIL THE COLONY, TEXAS Section 1. That the Mayor is hereby authorized to execute an Interlocal 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. That this resolution shall tape effect immediately From and after its passage. P -OSSED AND A,1111IZOVED by the City Council of the City of The Colony, Texas, this ~ day of December, 2011. ~ Christie Wilson, TRNIC, City Secretary THE COUNTY OF DENTON § CITY OF THE COLONY FIRE DEPARTMENT STATE OF TEXAS § INTERLOCAL COOPERATION AGREEMENT FIRE PROTECTION SERVICES THIS AGREEMENT, which has an effective date of October 1, tall, is made and entered into by and between Denton County, a political subdivision of the State of Texas, hereinafter referred to as "the COUNTY," and the The Colony Fire Department, a municipal corporation, located in Denton County, Texas, hereinafter referred to as "the AGENCY". WHEREAS, the 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, the AGENCY is a non-profit agency, duly organized and operating under the laws of the State of Texas and 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, the 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 propel ty 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, the COUNTY and the AGENCY mutually desire to be subject to and contract pursuant to provisions of the Texas Goverm-nent Code, Chapter 791 and the Texas Local Government Code, Chapter 352, and NOW, THEREFORE, the COUNTY and the 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 beginning of October 1, 2011, and ending September 30, 2012. II.. SERVICES The services to be rendered in accordance with this Agreement by the AGENCY are the fire protection services normally rendered by the AGENCY to citizens of the City of The Colony in circumstances of emergency, but which services will now be extended to all citizens 2011 - 2012 Interlocal Cooperation Agreement - Fire Protection Services The Colony - Page I of 7 of the COUNTY residing in the unincorporated areas of the COUNTY within the operating territory or jurisdiction of the AGENCY, as agreed to by the AGENCY and the COUNTY in this Agreement and as set forth in "Exhibit A," attached hereto and incorporated herein by reference. 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 serge the public convenience and necessity of the citizens of the 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. The 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. The 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" C. The COUNTY agrees that, in the event a fire in the AGENCY's unincorporated designated area which the AGENCY considers to be of an 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 assist in the prosecution. of any case of arson. The 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. The COUNTY agrees 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 area upon request of the AGENCY. E. The 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 the COUNTY for reinibursernent of calls made in the unincorporated area. The Denton County Fire Marshal shall provide the forms upon request from the AGENCY. F. The 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 the AGENCY, except as otherwise determined by the Denton County Fire Marshal, to determine priorities in the dispatching and use of the AGENCY's equipment and personnel, and the judgment of any such officer or employee as to such matters shall be the final determination. 2011 - 2012 lnterlocal Cooperation Agreement - Fire Protection Services/The Colony - Page 2 of 7 The COUNTY shall designate the County Judge to act on behalf of the COUNTY and to serve as "Liaison Officer" between the COUNTY and the AGENCY. The County Judge, or her designated substitute, shall devote sufficient time and attention to insure the performance of all duties and obligations of the COUNTY under this Agreement and shall provide immediate and direct supervision of employees, agents, contractors, sub-contractors and/or laborers of the COUNTY engaged in the performance of this Agreement for the mutual benefit of the COUNTY and the AGENCY. III. PERFORMANCE OF SERVICE The AGENCY shall devote sufficient time and attention to insure the performance of all duties and obligations of the AGENCY under this Agreement and shall provide immediate and direct supervision of the AGENCY's employees, agents, contractors, sub-contractors and/or laborers engaged in the performance of this Agreement for the mutual benefit of the AGENCY and the COUNTY, IV. COMPENSATION The COUNTY agrees to pay to the AGENCY for the full performance of services as provided in this Agreement the sum of TEN THOUSAND AND NG/100TTIS DOLLARS ($10,000.00), payable upon execution of this Agreement, and further agrees to pay the sum of FOUR HUNDRED FIFTY AND NO DOLLARS ($450.00) per fire call in the designated unincorporated areas of the COUNTY from October 1, 2011, to September 30, 2012. The COUNTY anticipates the AGENCY to run approximately fire calls for a total funding of $1,800.00 for fire calls. The total payments by the COUNTY to the AGENCY pursuant to this Agreement are estimated to be 11,800.00. The COUNTY will make no payment to the AGENCY for service provided outside the agreed service district whether- by Mutual Aid. Agreement or otherwise. The AGENCY understands and agrees that payment by the COUNTY to the AGENCY shall be made in accordance with the normal and customary processes and business procedures of the COUNTY and in conformance with applicable state law. V. FINANCIAL RECORDS The AGENCY agrees to make its financial records available for audit and/or review by the COUNTY, upon request by the COUNTY. 2011 - 2012 Interlocal Cooperation Agreement - Fire Protection services. The Colony - 'age 3 of 7 VI. RESPONSIBILITY OF THE COUNTY" The COUNTY, to the extent permitted by law, shall be responsible for the acts, negligence and omissions of all officers, employees and agents of the COUNTY who are engaged in the performance of this Agreement. VII. RESPONSIBILITY OF THE AGENCY The AGENCY, to the extent permitted by law, shall be responsible for the acts, negligence and omissions of all officers, employees and agents of the AGENCY who are engaged in the performance of this Agreement. VIII. APPLICABLE LAS' The COUNTY and the AGENCY understand and agree that liability under this contract is governed by the Texas Government Code, Chapter 791 and the Texas Local Government Code, Chapter 352. This Agreement is made in contemplation of the applicability of these laws to the Agreement. Insofar as legally possible the COUNTY and the AGENCY agree to be bound by the above mentioned statutes as they exist as of the date of this Agreement. IX. DEFAULT In the event of default of any of the covenants herein contained, this Agreement may be terminated at the discretion of the non-defaulting party if such default continues for a period of ten (10) days after notice to the other party in writing of such default and the intent to terminate this Agreement due to the default. Unless the default is cured, this Agreement shall terminate. X. TERMINATION This Agreement may be terminated any time, by either the COUNTY or the AGENCY by giving sixty (60) days advance written notice to the other party. In the event of termination by either party, the AGENCY shall be compensated pro rata for all services performed to the termination date together with reimbursable expenses then due as authorized by this Agreement.. In the event of such termination, should the AGENCY be overcompensated on a pro rata basis for all services performed to the termination date and/or be overcompensated reimbursable expenses, the COUNTY shall be reimbursed pro rata for all such overcompensation. 2011 - 2012 Interlocal Cooperation Agreement - Fire. Protection Services/The Corny - Page 4 of '7 Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XI. GOVERNMENTAL IMMUNITY The fact that the COUNTY and the AGENCY accept certain responsibilities relating to the rendition of fire protection services under this Agreement as 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 permitted by law. Neither the AGENCY, nor the COUNTY waive, nor shall be deemed to have hereby waived, any immunity or defense that would otherwise be available to it against claims arising from the exercise of government powers and functions. XII. ENTIRE AGREEMENT This Agreement represents the entire Agreement between the COUNTY and the AGENCY and supersedes all prior negotiations representations and Agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties.. XIII. 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 for any dispute, or matter, arising under this Agreement shall lie in Denton County, Texas. XIV. SEVE BILITY 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 fullest extent possible. XV. AUTHORITY The undersigned officer 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. 71011 - 2012 Interlocal Cooperation Agreement - Fire Protection Services The Colony - Page 5 of 7 Vl. SERVICE AREA Acceptance of this Agreement constitutes approval of the service area set out in attached Exhibit "A EXECUTED in triplicate originals on the dates set forth below. COUNT Denton County, Texas 1113 West Hiekory Street, 2rd Floor Denton, T,- ',i 7 201 By Mary Horn _ f Denton County Judge Acting on behalf of and by the authority of Denton County Commissioners Court of Denton County, Texas DATED: " ATTEST: Y: bent, ~J t iouji.: ~y 1 ci-]1 - APPROVED AS TO CON-r.---NT. AUDITOR'S I hereby certify that funds are available in the accomplish and pay the obligation of Denton County James City Secretary Of $ (1-1 f 71 ' to Lis. Contrae (Agreement. ;nfon County Auditor 2011 - 2012 lnterlocal Cooperation Agreement - Fire Protection Services The Colony - Page 6 of 7 Il y, i ~y aY ~ Yyr C' mY ryry pd~a~ ey 4 ~Wd ~ m z Wp a ~ ~ J vi, F : DIG p% ff ~Y Y , i O o) ~Ll iE- n, r_ .i g . r ar J ] ft f v' `8