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Home My WebLink About2007-250sAour documents\ordinances\07\Ore protection agreement cormth.doc ORDINANCE NO. 5r AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL FIRE PROTECTION AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR FIRE PROTECTION SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council of the City of Denton hereby approves an Agreement between the City of Denton and the City of Corinth for fire protection services, a copy of which is attached hereto and incorporated by reference herein. The Mayor, or in his absence, the Mayor Pro Tem, is hereby authorized to execute this Agreement on behalf of the City. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. 9 , / PASSED AND APPROVED this the l � day of ALM—�C/!/ , 2007. &��'�� PERRXX McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPRO ED AS LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY s:bur doeomaltkonVWtffl7VV of corinm mmdocW egroemmtdw INI'ERLOCAL COOPERATION AGREEMENT THE STATE OF TEXAS COUNTY OF DENTON This Interlocal Cooperation Agreement (the "Agreement) is made and entered into by and between the CITY OF DENTON, TEXAS, a Texas Municipal Corporation, hereinafter referred to as "City' and the CITY OF CORINTIi, a Texas Municipal Corporation, hereinafter referred to as'Uty of Corinth'.' WHEREAS, the City of Denton and the City of Corinth wish to enter into an Agreement, under the authority and subject to the provisions of Texas Government Code, Chapter 791, The Interlocal Cooperation Act, to facilitate the response of certain assets and resources that could effectively serve the fire and emergency medical needs of certain areas of the City of Dentods jurisdiction in addition to certain areas of the City of Corinttfs jurisdiction; and NOW, THEREFORE, in consideration of the mutual covenants in this Agreement the parties agree as follows: ` SECTION 1. Purpose of Agreement. The purpose of this agreement is to establish a plan of action for the parties as they relate to the most effective provision of firefighting and emergency medical resources and personnel in areas of mutual concern of both jurisdictions. Notwithstanding the parties present expressed intention to follow the agreement as stated, it is understood by all parties that one or the other party may be unwilling or unable to carry out these tasks as contemplated, and that no legal or equitable penalty or remedy, nor any incidental or consequential damages, are anticipated or bargained for in the event either party chooses, for whatever reason, not to accept the offer under the circumstances contemplated herein. It is also understood that the assistance request or fiunished may be refused, limited, or recalled at the discretion of either of the parties to this Agreement. SECTION 2: Assistance, The assistance to be rendered pursuant to this Agreement shall solely involve the temporary use of the City s and the City of Coriatlf's vehicles, equipment and personnel from one jurisdiction to the other. SECTION 3: Reauest for Assistance. The temporary use of City or City of Corinth vehicles, equipment and personnel and other assets may be requested by the City or City of Corinth to any fire or medical emergency need in times of an emergency or disaster as defined by this Agreement. SECTION 4: Primary Responsibilities. It is understood by the City and the City of Corinth that each party should be capable of fulfilling its prescribed plan of action under this Agreement. If at any time either party is unable to perform its planned functions under this Agreement, the affected party shall immediately provide notice to the other. SECTION 5: Services to be Performed Upon receipt of the report of an incident requiring response in their own respective jurisdictions, the City and the City of Corinth will, unless orders to the contrary are issued by an appropriate officer of the responding department, dispatch a standard response to the reported location with available resources. For purposes of this Agreement, automatic aid in the amount of resources for firefighting or emergency medical services as agreed to by the parties' Fire Chiefs will be immediately dispatched by one jurisdiction into the other jurisdictiods jurisdictional limits or ETJ or area of responsibility in any of the geographical areas as agreed to by the parties' Fire Chiefs. Service s:bm doMwmM\OoMwctigTeiry of cormrh i 0docel egreanmrdec areas and requirements may be modified, as operational necessities require, by mutual written consent of the partied Fire Chiefs. SECTION 6: Oaeretin¢ Provisions. Any dispatch of equipment and personnel pursuant to this Agreement is subject to the following conditions: A. Any request for aid hereunder shall include a statement of the amount and type of equipment and number of personnel that are needed, but the amount and type of equipment and number of personnel to be furnished shall be determined by a representative of the responding jurisdiction. B. Personnel from the Fire Department of the responding jurisdiction shall report to the officer in charge of the requesting jurisdiction at the location to which the equipment is dispatched and shall be subject to the orders of that official. C. Personnel from the Fire Department of the responding jurisdiction shall report a size up to the requesting jurisdiction if they are the fast to arrive on the scene of the emergency and shall assume command of the incident until relieved by an officer of the requesting jurisdiction. D. Personnel and equipment from the Fire Department of the responding jurisdiction shall be released by the officer in charge from the requesting jurisdiction when the services of the responding jurisdiction is needed within the area for which it normally provides fire protection. E. Other provisions of this agreement notwithstanding, the responding party reserves the right to decline or restrict response when, in the responding parties sole discretion, such is necessary for the protection of persons or property in the responding parties jurisdiction. SECTION 7: Liability. Any civil liability shall be determined pursuant to the terms of the Texas Interlocal Cooperation Act, Texas Local Government Code Chapter 791. This agreement is not intended to extend the liability of the parties beyond that provided by law. Neither Denton nor City of Corinth waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims of third parties. SECTION 8: Term of Coatmet. The term of this Agreement shall be for one year beginning upon approval by both parties and renewing automatically for additional one-year periods. Provided, however, that it may be terminated on sixty (60) days notice in writing by either party. SECTION 9: Contract Amount. The City and the City of Corinth agree to reimburse each other for actual costs, other than ordinary operational costs, incurred by each other in the performance of this agreement. Reimbursement shall be made on an incident -by -incident basis. SECTION 10: hAmsident Contractor. Each party shall operate under this Agreement as an independent contractor, and not as an agent, representative, servant or employee of the other. Subject to the terms of this Agreement, each party shall have the right to control the details of its performance hereunder. SECTION 11: Parties' Addmm& Unless otherwise provided herein, all notices required or Permitted by this Agreement shall be made to the following addresses: zXmc doameusbaanacbWChy of wrindr imaload aredaacdw City of Denton City Manageis Office Attn: George Campbell, City Manager 215 East McKinney Denton, Texas 76201 City of Corinth City Manager's Office Attn: Clovia English 3300 Corinth Parkway Corinth, Texas 76208 SECTION 12. Intent of the Parties Tbis writing is intended by the parties as a final expression of their agreement and as a complete and exclusive statement of the terms of their agreement. This agreement can be modifies only in writing signed by both of the parties or their duty authorized agents. Executed this the day of 2007. L R E C. CAMPBELL, CITY MANAGER ATTEST: JENNNNIFER WALTCITYSECRETARY BY�U4 my�� ,.1 � In U �►1 t ,n APPR WED AS "M LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY ATTEST: a �. t". RESOLUTION NO.07-10-18-23 AN RESOLUTION OF THE CITY OF CORINTH, TEXAS APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL FIRE PROTECTION AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR FIRE PROTECTION SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF CORINTH, TEXAS, HEREBY RESOLVES: SECTION 1. The City Council of the City of Corinth, Texas hereby approves an Agreement between the City of Denton and the City of Corinth for fire protection services, a copy of which is attached hereto and incorporated by reference herein. The Mayor, or in his absence, the Mayor Pro Tem, is hereby authorized to execute this Agreement on behalf of the City. SECTION 2. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 18"' day of October, 2007. ATTEST: Kimberly Pence, City Secretary ,t City of Co inth, Texas BI : 6 TEAS. APPROVED AS TO LEGAL FORM: Michael A. Bucek, City Attorney BY: A'X 0( /'4- 4 y