19-182sAlegal\our d0cuments\ordinances\19\fire protection agreement county2019 doc
ORDINANCE NO. 19-182
AN ORDINANCE OF THE CITY OF DENTON APPROVING AND AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION
AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR FIRE
PROTECTIVE SERVICES; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("City") and Denton County ("County") desires for fire
protective services to be provided to unincorporated areas of Denton County, Texas; and
WHEREAS, the City has fire protective personnel and equipment that may be utilized to
serve unincorporated areas of Denton County; and
WHEREAS, the County will reimburse the City for the fire protective services provided;
and
WHEREAS, the City Council at the City of Denton approves the Interlocal Cooperation
Agreement as in the interest of public safety; NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitals are hereby incorporated as if set out fully herein.
SECTIONm2. The City Manager, or his designee, is hereby authorized to execute the
Interlocal Cooperation Agreement for Fire Protective Services on behalf of the City, which is
attached hereto as Exhibit A.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
t approve this ordinance was made b�� and
seconded b a '� �� ��` . the ordinance was passed The motion
y p and approved by
tl-1 following Vote
Aye Ngy
Chris Watts, Mayor:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
_
Don Duff, District 3:''
_
John Ryan, District 4:ry
Deb Armintor, At Large Place 5:
Abstain Absent
Paul Meltzer, At Large Place 6: _
PASSED AND APPROVED this the mm day of __, 2019.
t"E111 WATTS, MAYOR
ATTEST:
1,1 ." "I L Y SECRETARY
BY
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: .
Sri``
THE COUNTY OF DENTON §
§ CITY OF DENTON
§ FIRE DEPARTMENT
STATE OF TEXAS §
THIS AGREEMENT, which has an effective date of October 1, 2018, is made and
entered into by and between Denton County, a political subdivision of the State of Texas,
� � � 11 1 , I ^ MONOMER
corporation, located in Denton County, Texas, hereinafter referred to as "the AGENCT11.
;mgaged in the administration of county government and related services for the benefit of
Me
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
contract pursuant to provisions of the Texas Government Code, Chapter 791 and the Texas Local
NOW, THEREFORE, the COUNTY and the AGENCY, for the mutual promises,
041"Mm I I I I! I I I I I I I I I I I I III 1111111,11,11111111111111111111111111111 ���
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The term of this Agreement shall be for the period beginning of October 1, 2018, 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
2018-2019 Interlocal Cooperation Agreement — Fire Protection Services/Denton Page 1 of 6
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 convenienc*
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
rVil
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 forms to the Denton County Fire Marshal, 701
Kimberly Drive, Suite A101, Denton, Texas 76208. 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 shall be the final determination.
2018-2019 Interlocal Cooperation Agreement — Fire Protection Services/Denton Page 2 of 6
The COUNTY shall designate the County Judge to act on behalf of the COUf_1TTand 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
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OF SERY�CL�
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.
The COUNTY agrees to pay to the AGENCY for the full performance of services as
provided in this Agreement the sum of $10,000.00, payable upon execution of this Agreement,
and further agrees to pay the sum of $550.00 per fire call in the designated unincorporated areas
of the COUNTY from October 1, 2018, to September 30, 2019. The COUNTY anticipates the
AGENCY to run approximately 25 fire calls for a total funding of $13,750.00 for fire calls. The
total payments by the COUNTY to the AGENCY pursuant to this Agreement are estimated to
be $23,750.00. 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.
F I N A N_ 1 A L -1-1 _12(_'Q R D S
The AGENCY agrees to make its financial records available for audit and/or review by
2018-2019 Interlocal Cooperation Agreement — Fire Protection Services/Denton Page 3 of 6
V.
11"E'S0 63,1111 L[Nat I I I .'Jjr- LI)L 0F iffEllgiNn
_ _
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.
Vil.
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.
VI.
All"LIC iflUri—LAA
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.
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.
111,RMINATiISM
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.
2018-2019 Interlocal Cooperation Agreement — Fire Protection Services/Denton Page 4 of 6
Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise
arise out of this Agreement.
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 f
providing protection for the public health makes it imperative that the performance of these vit
services be recognized as a goverm-nental function and that the doctrine of government
immunity shall be, and it is hereby, invoked to the extent permitted by law. Neither t
AGENCY, nor the COUNTY waive, nor shall be deemed to have hereby waived, any immunil
or defense that would otherwise be available to it against claims arising from the exercise o
X11.
L,'LT" GREJI E T
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.
X111.
A.Co
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.
SLWIRAIIII VFV
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.
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.
2018-2019 Interlocal Cooperation Agreement — Fire Protection Services/Denton Page 5 of 6
XVI.
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 Wes l:ickol•y Street,
Dento1 'l ..d as7 "01
By._
uryJ,lorn—
Denton County. udge
Acting on behalf of and by
the authority of Denton County
Commissioners Court of
Denton County, Texas.
DATED:
AGENCY
City of Denton
332 E. Hickory St.
Denton, Texas 76201
By
Nai
Tit]
Acting on behalf of and by the
authority of the City of Denton
DATED:
ATTEST: �.. �
� ,�.���:m::�:��� � ATTEST:
Denton .,t Cll ���� Ciiy Secretary
T
APPROVED AS
BY ��
"✓° )C117�
.ton �'t. U �y i ire :.fah l'��l.l.
APPROVED AS TO FORM:
APPROVED AS TO FORM:
BYNk_
Assistant District Attorney (,'it Attorney
AU IN TOR'S CF,1 TI F1 CA TE
certify that funds are available in the alo I :Iof $ Od to
Ihereby y
accomplish and pay the obligation of Denton County 1.1t t' L�us i�Iir:rcta giwcn`e
.A
James
County Auditor
2018-2019 Interlocal Cooperation Agreement — Fire Protection Services/Denton Page 6 of 6
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