21-2648d:kxhibit 3 ordinance fire protection.docx
21-2648
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON 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.
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.
SECTION 2. The City Manager, or 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.
The motion to approve this ordinance was made by f21 % 50r MO -9 t j t c Q-- and
seconded byPOU I M e 11- z_ e c , the ordinance was passed and approved by
the following vote [(o - QJ:
dAexhibit 3 ordinance fin protection.dom
Aye Nay Abstain Absent
Gerard Hudspeth, Mayor
Vicki Byrd, District 1:
Brian Beck, District 2: ✓
Jesse Davis, District 3:
Alison Maguire, District 4:
Deb Arnvntor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the i `��� day of 2021.
GERARD MffgWTH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
�1 /7
BY:
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: 1�7
-,
EXHIBIT "A"
THE COUNTY OF DENTON §
§ CITY OF DENTON
§ FIRE DEPARTMENT
STATE OF TEXAS §
INTERLOCAL COOPERATION AGREEMENT
FIRE PROTECTION SERVICES
THIS AGREEMENT, which has an effective date of October 1, 2021 is made and
entered into by and between Denton County, Texas C the COUNTY'), and the City of Denton
Fire Department Cthe 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 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
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, 2021, and
ending September 30, 2022.
U.
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 all citizens of the
2021-2022 Interlocal Cooperation Agreement— Fire Protection Services/Denton Page I 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 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 'W'.
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, 3900
Morse St., 2nd Floor, 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.
2021-2022 Interlocal Cooperation Agreement — Fire Protection ServicedMnton Page 2 of 6
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 his
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 $10,000.00, payable upon execution of this Agreement,
and further agrees to pay the sum of $650.00 per fire call in the designated unincorporated areas
of the COUNTY from October 1, 2021, to September 30, 2022. The COUNTY anticipates the
AGENCY to run approximately 0 fire calls for a total funding of $0.00 for fire calls. The total
payments by the COUNTY to the AGENCY pursuant to this Agreement are estimated to be
$10,000.00. 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.
FINANCIAL RECORDS
The AGENCY agrees to make its financial records available for audit and/or review by
the COUNTY, upon request by the COUNTY.
2021-2022 Interlocal Cooperation Agreement— Fire Protection ServicesMenton Page 3 of 6
VI.
RESPONSIBILM 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 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.
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 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.
2021-2022 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.
M.
GOVERNMENTAL EMMUNITY
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, 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.
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.
2021-2022 Interlocal Cooperation Agreement—Fire Protection ServiccvDenton Page 5 of
XVI.
SERVICE AREA
Acceptance of this Agreement constitutes approval of the service area set out in attached
Exhibit "A".
EXECUTED thisti� i% day of 1�c2rlbec , 20 Z_(_.
Denton County, Texas City of Denton
1 Courthouse Drive, Suite 3100 332 E. Hickory St.
Denton, Texas 76208 Denton, Texas 76201
By By
Andy Eads Nal
Denton County Judge Tit]
ATTEST:
Denton County Clerk
APPROVED AS TO CONTENT:
C
Denton County Fire Marshal
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ATTEST: ��%%y OF D F ��, ,
City Secretary
r . :
APPROVED AS TO ONTEN
o'
B3'' 111111���
City Attorney
AUDITOR'S CERTIFICATE
I hereby certify that funds are available in the amount of $ to
accomplish and pay the obligation of Denton County under this Agreement.
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
SrMf
Fat -
rCC .
Title
Firt_
Department
Date Signed:
Denton County Auditor
2021-2022 Interlocal Cooperation Agreement — Fire Protection Services/Denton Page 6 of 6
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Exhibit A
DENTON COUNTY FIRE DISTRICTS
Denton