2013-001Z:\Ordinances1l31fire protection agreemenl counTy.docx
ORDINANCE NO. 2O 13-001
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AN 1NTERLOCAL COOPERATION
AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY 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 Interlocal
Cooperation Agreement between the City of Denton and Denton County for fire protection
services, a copy of which is attached hereto and incorporated by reference herein. The City
Manager, or his designee, is hereby authorized to execute this Interlocal Cooperation Agreement
on behalf of the City.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the _J%c�l._ day of , 2013,
M RK A. U S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED A,S TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
THE COUNTY OF DENTON
STATE OF TEXAS
.
CITY OF DENTON
FIRE DEPARTMENT
INTERLOCAL COOPERATION AGREEMENT
FIRE PROTECTION SERVICES
THIS AGREEMENT, which has an effective date of October 1, 2012, 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 City of Denton 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 municipal corporation, 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 Denton; 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 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, the COiTNTY and the AGENCY mutually desire to be subject to and
contract pursuant to provisions of the Texas Government 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:
I.
TERM
The term of this Agreement shall be for the period beginning of October 1, 2012, and
ending September 30, 2013.
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 Denton in
circumstances of emergency, but which services will now be extended to a11 citizens of the
2012 — 2013 Interlocal Cooperation Agreement— Fire Protection Services/Denton - Page 1 of 7
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 serve 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 `Denton" 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 fortns 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 reimbursement 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 sha11 be the final determination.
2012 — 2013 Interlocal Cooperation Agreement — Fire Protection Services/Denton - Page 2 of 7
The COUNTY shall designate the County Judge to act on behalf of the COiTNTY 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 NO/100THS DOLLARS
($10,000.00), payable upon execution of this Agreement, and further agrees to pay the sum of
FOUR HUNDRED SEVENTY-FIVE AND NO DOLLARS ($475.00) per fire call in the
designated unincorporated areas of the COUNTY from October 1, 2012, to September 30, 2013.
The COUNTY anticipates the AGENCY to run approximately 54 fire calls for a total funding of
$25,650.00 for fire calls. The total payments by the COUNTY to the AGENCY pursuant to this
Agreement are estimated to be $35,650.00. 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 COLTNTY 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.
2012 — 2013 Interlocal Cooperation Agreement — Fire Protection Services/Denton - Page 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 responsibie 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 LAW
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 sha11 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 tertnination date and/or be overcompensated reimbursable
expenses, the COUNTY shall be reimbursed pro rata for all such overcompensation.
2012 — 2013 Interlocal Cooperation Agreement — Fire Protection Services/Denton - 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, sha11 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.
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 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.
2012 — 2013 Interlocal Cooperation Agreement — Fire Protection Services/Denton - Page 5 of 7
XVI.
SERVICE AREA
Acceptance of this Agreement constitutes approval of the service axea set out in attached
Exhibit "A".
EXECUTED in triplicate ariginals on the dates set forth below.
COUNTY
Denton County, Texas
110 West Hickory Street, 2°d Floor
Denton, Tex�,g 76201 ,
:�
Acting on behalf of and by
the authority of Denton County
Commissioners Court of
Denton County, Texas.
DA'
AT'
I:
AGENCY
City of Denton
332 E. Hickory St.
Denton, Texas 76201
�
By
Na1T1P. � �'i r� � V
Title A P; �
Acting on behalf of and by the
authority of the City of Denton
,�,�1N1ltY'IJi// //
�.���F (�' S t' p�''�.,
* �. i
�p ,,�,,,,,.., ,Rro,,,' DATED: � I �? ( "Zf� I �
Ti
�=
� : z ATTEST:
: c —a � �
� 1 ��
s .' c': BY:
' c� a
F�`�l °'� � � ���NC���.�`�� ity cretary
°ff���trt� i t►4Ett����
APPROVED AS O CONTENT:
BY: f -
Denton C ty Fire shal
APPROVED AS TO FORM:
APPROVED AS TO FORM:
� _
BY:
�City Attorney
)R'S CERTIFICA7
I hereby certify that funds are available in the amou
accomplish and pay the obligation of Denton County under
James
� OD to
Contrac Agreement.
Auditor
2012 — 2013 Interlocal Cooperation Agreement — Fire Protection ServiceslDenton - Page 6 of 7
�
9
E
�
�L
�
�
�..1
�
L
�
�
�
�
�
�
�
�,.������ ���� § �E I i � Ilt+�� `i�l �i I •o- �i?'�4 _ Q}
�i + � • � !is � y o- b� f. � q #�}� �^ ' �,��� t`=1 � ��,s�;�i � l�
f '-� ��1' `t� ��� � i,� � �; i�I!�� �e•f��� - �; I
���J��� t�p�Z�l�°i�� # ���°7 `�°�� ,SP' jii"•�i ,� 'i �•�
$ .� ; } � _.e���.. �� ' �
`���� �'�� �i�� � � I �� ��� ; � ��;�>� �;�€'�� �='' '� �•��.,
2012 — 2013 Interlocnl Cooperntion A�reement — Fire Protection Serc ices�'Denton - Pn�e 7 of 7