2010-011
\\C0DAD\Dcpanmems\Lcgah0ur Documemsl0rdinanca\10 ire protection agreement county.doc
ORDINANCE NO. 2010-011
AN ORDINANCE- OF THE CITY OF DENTON, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL FIRE
PROTECTION 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 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 Agreement on behalf of the City.
SECTION. 2. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2010.
~kz
MARK i~-BL-RAOUWIS, MAYOR
ATTEST:-
JENNIFER WALTERS, CITY SECRETARY
BY: n
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
THE COUNTY GF DENT4N ~
~ CITY 4F DENTON
§ FIRE DEPARTMENT
STATE GF TEXAS §
INTERLGCAL COGPERATI(]N AGREEMENT
FIRE PR[ITECTI[]N SERVICES
THIS AGREEMENT is made and entered into by and between Denton County, a
political subdivision of the State of Texas, hereinafter referred to as "C(]UNTY" and the City of
Denton, a municipal corporation, located in Denton County, Texas, hereinafter referred to as
"AGENCY," and has an effective date of October 1, 2009,
WHEREAS, 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
WI~EREAS, AGENCY is a municipal corporation, duly organized and operating under
the Taws of the State of Texas and is engaged in the provision of fire protection services and
related services for the benefit of the citizens of the City of Denton; and
WHEREAS, AGENCY is the owner and operator of certain ire 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, C{~UNTY and AGENCY mutually desire to be subject to and contract
pursuant to the provisions of Government Code, Chapter 791, the Interlocal Cooperation Act,
and Chapter 352 of the Local Government Code,
NGW, THEREFGRE, COUNTY and AGENCY, for the mutual promises, covenants,
Agreements and consideration stated herein, agree as follows;
I, II
TERM
The term of this Agreement shall be for the period of October 1, 2009 to and through
September 30, 2010, I'~
II,
SERVICES
The services to be rendered in accordance With this Agreement by AGENCY are the fire
protection services normally rendered by AGENCY to citizens of Denton but which services
Will now be extended to all citizens of COUNTY residing in the unincorporated areas of
Z~Q9 X01 Q Interlocal Cooperation Agreement -Fire Protection ServiceslDenton - rage 1 of b
COUNTY within the operating territory or jurisdiction of AGENCY as agreed to by AGENCY
and COUNTY in this Agreement and as set forth in Exhibit A, 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 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, 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, 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"
attached hereto and incorporated by reference,
C, COUNTY agrees that, in the event a fire in the AGENCY'S unincorporated
designated area which AGENCY considers to be of incendiary nature and upon
request by 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, 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 investigators},
D, COUNTY agrees that the County Fire Marshal may assist in the conduct of
appropriate investigations of a ire which AGENCY considers t0 be of incendiary
nature in the AGENCY'S incorporated designated area upon request by
AGENCY,
E, AGENCY shall submit monthly statements, on the Texas Fire incident Reporting
System's standardized forms to the Denton County Fire Marshal, 9060 Teasley
Lane, Denton, Texas 7~~ Ow4010, This form will serve as the billing statement to
COUNTY for reimbursement of calls made in the unincorporated designated
area, The Denton County Fire Marshal shall provide the forms upon request from AGENCY.
F, 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 AGENCY except as otherwise determined by the Denton
County Fire Marshal, to determine priorities in the dispatching and use of
AGENCY equipment and personnel, and the judgment of any such off cer or
employee as to any such matter shall be the final determination,
2009 - 201 ~ interlacal Caaperatian Agreement -Fire Protection serviceslDenton - Page ~ of 6
~1,
LIASON OFFICER
COUNTY shall designate the County Judge to act on behalf of COUNTY and to serve
as "Liaison Off cer" between COUNTY and AGENCY, The County Judge or her designated
substitute shall devote sufficient time and attention to this Agreement to insure the performance
of all duties and obligations of COUNTY and provide supervision of COUNTY'S employees,
agents, contractors, sub-contractors andlor laborers engaged in the perfarmance of this
Agreement for the mutual benefit of COUNTY and AGENCY,
1V.
PERFORMANCE OF SERVICE
AGENCY shall devote sufficient time and attention to insure the performance of all
duties and obligations of AGENCY under this Agreement and shall provide immediate and
direct supervision of the AGENCY emplayees, agents, contractors, subcontractors andf or
laborers engaged in the performance of this Agreement for the mutual benefit of AGENCY and
COUNTY,
V,
COMPENSATION
COUNTY agrees to pay to AGENCY for the full performance of services as provided in
this Agreement the sum of TEN THOUSAND AND NOIIOOTHS DOLLARS ~~10,000,00~,
payable upon execution of this Agreement, and the further sum of FOUR HUNDRED AND NO
DOLLARS ~$400,00~ per fire call in the designated unincorporated areas of COUNTY from
October 1, 2009 to September 30, X010, COUNTY anticipates AGENCY to run approximately
Z7 f re calls for a total funding of $10,$00,00 for fire calls, The total payments by COUNTY to
AGENCY pursuant to this Agreement are estimated to be $20,800,00, COUNTY will make no
payment to AGENCY for service provided outside the agreed service district whether by mutual
aid Agreement or otherwise, AGENCY understands and agrees that payment by the COUNTY
to AGENCY shall be made in accordance with the normal and customary processes and business
procedures of COUNTY and in conformance with applicable state law,
~`7,
FINANCIAL RECORDS
AGENCY agrees to make available its financial records for audit andlor review as may I'~
requested or required by COUNTY,
209 2D 1 ~ Interlocal Cooperation Agreement pire Pratectian ServiceslDentan ~ Pale 3 of b
VII.
RESPONSIBILITY OF COUNTY
COUNTY, to the extent allawed by law, shall be responsible for the acts, negligence,
andlor omissions of all off cers, employees, and agents of COUNTY while engaged in the
performance of this Agreement,
VIII.
RESPONSIBILITY OF AGENCY
AGENCY, to the extent allowed by law, shall be responsible for the acts, negligence,
andlor omissions of all officers, employees, and agents of AGENCY while engaging in the
performance of this Agreement,
APPLICABLE LAW
COUNTY and AGENCY understand and agree that liability under this contract is
governed by V.T.C.A. Government Code Chapter 791 and V.T,C,A, Local Government Cade
Chapter 3 5~. This Agreement is made in contemplation of the applicability of these laws to the
Agreement, Insofar as legally passible CGUNTY and AGENCY agree to be bound by the
above mentioned statutes as they exist as of the date of this Agreement.
DEFAULT
In the event of any default in any of the covenants herein contained, this Agreement may
be forfeited and terminated at either party's discretion if such default continues for a period of ten
~l o) days after notice to the other party in writing of such default and intention to declare this
Agreement terminated, Unless the default is cured as aforesaid, this Agreement shall terminate
as if that were the day originally fixed herein for the expiration of the Agreement,
~I,
TERMINATION
This Agreement may be terminated any time, by either pa~~ty giving sixty ~~4~ days
advance written notice to the other party, In the event of such termination by either party,
AGENCY shall be compensated pro rata far all services performed to termination date, together
with reimbursable expenses then due and as authorized by this Agreement. In the event of such
termination, should AGENCY be overcompensated on a pro rata basis for all services performed
to termination date, andlor be overcompensated reimbursable expenses as authorized by this
Agreement, COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance
2009 2010 lnterlocal Cooperation Agreement -Fire Protection ServiceslDenton w Page 4 of 6
of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of
this Agreement,
~~L
GOVERNMENTAL IMMUNITY
The fact that COUNTY and AGENCY accept certain responsibilities relating to the
rendition of fire protection services under this Agreement as a 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 possible under the law. Neither
AGENCY nor COUNTY waives nor shall be deemed hereby to waive, any immunity or defense
that would otherwise be available to it against claims arising from the exercise of government
powers and functions.
~I~Z.
ENTIRE AGREEMENT
This Agreement represents the entire and integrated Agreement between AGENCY and
CGUNTY and supersedes all prior negotiations, representations andlor Agreements, either
written or oral, This Agreement may be amended only by written instrument signed by both
AGENCY and COUNTY,
HIV,
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 of any dispute or
matter arising under this Agreement shall lie in Denton County.
~V,
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 extent possible,
~VI,
AUTHORITY
The undersigned officer andlor agents of the parties hereto are the properly authorized
officials and have the necessary authority to execute this Agreement on behalf of the parties
2049 - 24 i 0 Interlocal Cooperation Agreement -Fire Protection ServiceslDenton - Page 5 of 6
hereto, and each party hereby certifies to the other that any necessary resolutions extending said
authority have been duly passed and are now in full farce and effect,
~VI.
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 AGENCY
Denton County, Texas City of Denton
~ 10 west Hickory 332 E, Hickory St,
Denton, Te s 7 ZOl Denton, Texas 7~Z01
By By
Mary Horn Name ~ -
Dentan Count udge ~ ~ ~f
Acting on behalf of and by Acting on behalf of and by the
the authority of Denton Caunty authority of the City of Denton
Commissioners Court of
Denton County, Texas,
,yy P~, :k` ~s f
DATED; . L~°~~° j fi'~I ( li ~ ,r1,, DATED; .
~ t1.1` ~ ~1
` ,s C ~ ~ ti'- ~ 2 , t, : ~ ~ APPRGVED AST C~]NSENT•
ATTE T• IX ~ ; ; ' 1~ ~ ~
. ~r..~ f ~ `y{g_!~i 1 ~+11~~ h J~ `rs~
BY' v~ l f1 ~ ° ~ 11 ~ q 'y BY' '"h
n n aunt Cl~ ~~'°'~as$~~4~~~a Denton Ca t Fi arshall y ~ ~ y
APPR(]VED AS t~F RM; ~~'f~RQV~~ AS T~ F~R~a
~ ~~i'~~(ATTURN~Y
BY; ~ ~ ~IT~' a~ D~NT~N, TE.~AS
. y ~ # Assistant District Attorne • ~ r
AUDITOR'S CERT FICAT
~ hereby certify that funds are available in the mount of $ to
accomplish and pay the obligation of Denton County nder this Cantra tlAgreement,
Jame w lls, Dent ty Au for
2009 2010 Interlacal Cooperation Agreement -Fire Pa•atectian Sel'ViCeslDentQn - Page 6 of b
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