2015-119s: \legal \our documents \ordinances \15 \denton county emergency service fire protection agreement.docx
ORDINANCE NO. 2015 -119
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
EMERGENCY SERVICE DISTRICT 1 FOR FIRE PROTECTION AND EMERGENCY
MEDICAL 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 Emergency Service
District 1 for fire protection and emergency medical services, a copy of which is attached hereto
and incorporated by reference herein. The City Manager, 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.
PASSED AND APPROVED this the _ m m day of 2015.
... ...._....
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: . _.... m.. u 1) ..-.._____
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: ,
INTERLOCAL COOPERATION AGREEMENT
THE STATE OF TEXAS
COUNTY OF DENTON
This Interlocal Cooperation Agreement (the "Agreement ") is made and entered into as by
and between the CITY OF DENTON, TEXAS, a Texas municipal corporation, hereinafter
referred to as "City" and the DENTON COUNTY EMERGENCY SERVICE DISTRICT #1,
hereinafter referred to as "ESD."
WHEREAS, the City and the ESD wish to enter into an Agreement, under the authority
and subject to the provisions of the 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's jurisdiction in addition
to certain areas of the ESD's jurisdiction;
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.
This Agreement relates to the equitable sharing of operating costs of a fire station, which would
facilitate enhanced coverage in certain areas of both parties to this Agreement. Notwithstanding
the parties present expressed intention to follow the Agreement as stated, it is understood by the
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 furnished may be refused, limited, or recalled at the
discretion of either of the parties to this Agreement.
SECTION 2. Operable Provisions.
A. It is the desire of both parties to improve fire and emergency medical service
( "EMS ") responses to areas described on the map attached hereto as Exhibit "A."
The outlined on Exhibit "A" are to include, but not limited to the developments of
Robson Ranch located within the city limits of Denton and the Harvest
Development located within ESD boundaries.
B. Both parties intend to join together in providing the improved services by sharing
in the cost of operating the fire station. The annual operating costs include the
station personnel and annual debt service payments for construction and
equipment.
Page 1
C. The fire station is to be located southeast corner of Old Justin Road and Cleveland
Gibbs, as marked on the attached Exhibit "A" service area map.
D. The fire station will consist of three double depth bays, along with living quarters
for eight personnel, and will be approximately 10 thousand square feet.
E. The ESD will be responsible to provide property insurance coverage on the
building, as well as being responsible for all repair and maintenance to the
building.
F. The ESD will be responsible for providing the fire station personnel, which is to
be equipped with an NFPA approved fire engine, and staffed with three personnel,
of which, a minimum of two will be a FF/Paramedic and one firefighter/EMT. All
three personnel will be certified with Texas Commission on Fire Protection and
Department of Health Services.
G, The equipment and personnel will be committed to the service area assigned to
this station and will not respond to emergency calls located on the east of
Interstate 35W.
H. The fire engine will be equipped with all EMS equipment necessary to provide
ALS first responder to medical calls.
I. The ESD will provide the required proof of insurance, as requested by the City,
covering equipment and Personnel.
SECTION 3. Cily of Denton Particina
A. The City agrees to share cost of the operation and building the fire station 514 on
a percentage of cost as described below. The City's portion of the cost will be
based on diminishing percentages which will adjust each year.
The total cost to provide services as described in Exhibit `B," attached to this
Agreement, are estimates. Each July a budget will be sent to the City for the
purpose of budgeting for the City's allocation for the following fiscal year. The
budget will include the prior year actual expenditures, estimated current year
expenditures, as well as the proposed new -year budget. The potential of prior
year credits or cost overruns may impact predicted percentages funded by the
City. Additionally, the ESD will provide to the City the preliminary and certified
appraised values of the Harvest Development.
The City's annual allocation will be calculated as a percentage of the total cost to
operate the station, as defined above, less the property tax revenues collected by
the ESD from within the Harvest Development. See Exhibit `B" for the annual
estimated costs.
Page 2
2018
50%
2019
50%
2020
45%
2021
45%
2022
40%
2023
35%
2024
35%
2025
35%
2026
35%
2027
33%
2028
31%
While the City does not have a limit to the number of years it may choose to
participate in the operating cost of the new station, it is committing to at least the
first ten year annual allocations based on the percentages above. Should the
revenue from property taxes from the Harvest Development fully support the
operating expenses for the new station, the City will no longer be required to
participate in the cost of operations. Both parties will maintain an automatic aid
agreement for fire and EMS services.
Negotiated terms of funding by the City is intended to share costs associated
with Fire Station 514 and one structural engine.
B. Upon staffing of a medic unit at the City's Fire Station 7 the City agrees to
provide ambulance service to the ESD if mutual aid is requested.
SECTION 4. Liabift. 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 the City, nor the ESD 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 5. Term of Contract. The term of this Agreement shall be for ten years,
beginning upon approval by both parties, and renewing automatically for additional one -year
periods.
SECTION 6. Contract Amount, The City and the ESD 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.
Page 3
SECTION 7. Independent 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 8. Parties' Addresses. Unless otherwise provided herein, all notices
required or permitted by this Agreement shall be made to the following addresses:
City of Denton
City Manager's Office
Attn: George Campbell, City Manager
215 East McKinney
Denton, Texas 76201
Denton County Emergency Service District #1
511 South Gibbons Road
Argyle, Texas 76226
SECTION 9. Intent of the Parties. This 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 modified only in writing signed by both of the parties or
their duly authorized agents.
Executed this the day of ........................ 2015.
ATTEST:
JENNIFER WALTER CITY SECRETARY
BY
- ------ . .............. . . . . ............. .
cLt)I G 1. CAMPBELL, CITY MA fi`El
Page 4
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
Ole
1PIl' CA,R1 PRESIDENT
DEJ TON COUNTY ESD #1
ATTEST:
STEVE HARRIS SECRET .RY
DENT( .:OU "SRS '.
BYE ____ ........
Page 5
Station 514
Interlocal Cooperation Agreement Financial Summary Exhibit B