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2016-049s: \legal \our documents\ordinances\ 1 6\fi re protection agreement county. docx ORDINANCE NO. 2016-049 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL 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. w._._............ a y of � � ...... 201 Vii. 1 �SI�D AiJI:� Ab 1 l�il�w'L;l:) this tl�� ca t _...�.�...A, ..�......m. m..._.._ . ..........,,,, C -11 IS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:,, all fdanx APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY THE COUNTY OF DENTON § § CITY OF DENTON § FIRE DEPARTMENT STATE OF TEXAS § • FIRE PROTECTION SERVICES 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 Government Code, Chapter 791 and the Texas Local MOM 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, 2015, and 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 all citizens of the 2015-2016 Interlocal Cooperation Affeement —Fire Protection Services/Denton Page I of 6 InI I A. The AGENCY shall make available and provide emergency fire prevention, extinguishment, safety and rescue services within the agreed or specified territory • jurisdiction of the AGENCY. 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 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. 2M-20M lnteriocaf Cooperation At.yeenwnt- Fire Proteefion Semdecs/Donton Page 2 off 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 0 duties and obligations of the AGENCY under this Agreement and shall provide immediate and iirect 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 The AGENCY agrees to make its financial records available for audit and/or review by MEMEMOMMM 2015-2016 Intedocal Cooperation Agreement - Fh-e Protection ScrvicesDrMon Page 3 of 6 The COUNTY, to the extent permitted by law, shall be responsible for the acts, negligence and omissions of all officers, employees mid agents of the COUNTY who are • �- - JUSI!QNSIBILITY 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 ) I to fffflfflq�' -= ij� 11�1 I qqqpi 1� III 2015-2016 InterloGal Cooperation Agreement — Fire Protection ServicesiDenton Page 4 of6 Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise EM This Agreement represents the entire Agreement between the COUNTY and the AGENCY and supersedes all prior negotiations representations and Agreements, either written *r oral. This Agreement may be amended only by written instrument signed by both parties. This Agreement and any of its terins 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 I 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 �11 I 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. 201 5 -201 6 1 ntei I ocal Cooperation Agreement— Fire Protection Services/Denton Page 5 of XV1. 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. COUNTY Denton County, Texas 110 West Ilickory Street, 2nd Floor Denton, Texas 76201 Mary Horn Denton County Judge Acting on behalf of and by the authority of Denton County Commissioners Court of Denton County, Texas. DATED: ATTEST: BY: Denton County Clerk APPROVED AS TO CONTENT: WA Denton County Fire Marshal APPROVED AS TO FORM: AGENCY City of Denton 332 E. Hickory St. Denton, Texas 76201 By Na Title Acting on behalf of and by the authority of the City of Denton DATED:.... ATTEST: BY N" �.._�. �.�a.. Secretary APPROVED AS TO FORM: BY _ _ BY.„ Assistant District Attorney Attorney " AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of $, ,,.,.,. ,,,m,. m _. to accomplish and pay the obligation of Denton County under this Contract/Agreement, James Wells, Denton County Auditor 2015 -2016 Interlocal Cooperation Ap-eement — Fire Protection ServicesDenton Page 6 of 6 FL . a IN - ffi� en r RU . 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