2007-251s1our documents\ordinances\07\Gre protection agreement argyle fire distnct.doc
ORDINANCE NO. ,g&2-,~J`1
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL FIRE PROTECTION
AGREEMENT BETWEEN THE CITY OF DENTON AND THE ARGYLE FIRE DISTRICT
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 the Argyle Fire District for fire protection services, a copy of
which is attached hereto and incorporated by reference herein. The Mayor, or in his absence, the
Mayor Pro Tem, 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 2007.
PERK . McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPRO ED AS O LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
S
BY:
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INTERLOCAL COOPERATION AGREEMENT
THE STATE OF TEXAS
COUNTY OF DENTON
This Interlocal Cooperation Agreement (the "Agreement's is made and entered into by and between the
CITY OF DENTON, TEXAS, a Texas Municipal Corporation, hereinafter referred to as "City" and the
ARGYLE FIRE DISTRICT, hereinafter referred to as "Argyle."
WHEREAS, the City of Denton and the Argyle Fire District wish to enter into an Agreement,
under the authority and subject to the provisions of 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 of Denton's jurisdiction in addition to
certain areas of the Argyle Fire District's jurisdiction; and
NOW, THEREFORE, in consideration of the mutual covenants in this Agreement the parties
agree as follows:
SECTION 1. Purnose 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. Notwithstanding the parties
present expressed intention to follow the agreement as stated, it is understood by all 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: Assistance. The assistance to be rendered pursuant to this Agreement shall
solely involve the temporary use of the City's and Argyle's vehicles, equipment and personnel from one
jurisdiction to the other. '
SECTION 3: Request for Assistance. The temporary use of City or Argyle vehicles,
equipment and personnel and other assets may be requested by the City Or Argyle to any fire or medical
emergency need in times of an emergency or disaster as defined by this Agreement.
SECTION 4: Primary Responsibilities. It is understood by the City and Argyle that each
party should be capable of fulfilling its prescribed plan of action under this Agreement. If at any time
either party is unable to perform its planned functions under this Agreement, the affected party shall
immediately provide notice to the other.
SECTION 5: Services to be Performed. Upon receipt of the report of an incident requiring
response in their own respective jurisdictions, the City and Argyle will, unless orders to the contrary are
issued by an appropriate officer of the responding depar intent, d ispatch a standard response to the
reported location with available resources. For purposes of this Agreement, automatic aid in the amount
of resources for firefighting or emergency medical services as agreed to by the parties' Fire Chiefs will be
immediately dispatched by one jurisdiction into the other jurisdiction's jurisdictional limits or ETJ or area
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of responsibility in any of the geographical areas as agreed to by the parties' Fire Chiefs. Service areas
and requirements may be modified, as operational necessities require, by mutual written consent of the
parties' Fire Chiefs.
SECTION 6: _Operating Provisions. Any dispatch of equipment and personnel pursuant to
this Agreement is subject to the following conditions:
A. Any request for aid hereunder shall include a statement of the amount and type of
equipment and number of personnel that are needed, but the amount and type of
equipment and number of personnel to be furnished shall be determined by a
representative of the responding jurisdiction.
B. Personnel from the Fire Department of the responding jurisdiction shall report to the
officer in charge of the requesting jurisdiction at the location to which the equipment is
dispatched and shall be subject to the orders of that official.
C. Personnel from the Fire Department of the responding jurisdiction shall report a size up
to the requesting jurisdiction if they are the first to arrive on the scene of the emergency
and shall assume command of the incident until relieved by an officer of the requesting
jurisdiction.
D. Personnel and equipment from the Fire Department of the responding jurisdiction shall be
released by the officer in charge from the requesting jurisdiction when the services of the
responding jurisdiction is needed within the area for which it normally provides fire
protection.
E. Other provisions of this agreement notwithstanding, the responding party reserves the
right to decline or restrict response when, in the responding parties sole discretion, such is
necessary for the protection of persons or property in the responding parties jurisdiction.
SECTION 7: Liability. 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 Denton nor Argyle
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 8: Term of Contract. The term of this Agreement shall be for one year beginning
upon approval by both parties and renewing automatically for additional one-year periods. Provided,
however, that it may be terminated on sixty (60) days notice in writing by either party.
SECTION 9: Contract Amount. The City and Argyle 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.
SECTION 10: 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.
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SECTION 11: 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
Argyle Fire District
Attn: Mac Hohenberger
P.O. Box 984
Argyle, Texas 76226
SECTION 12. 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 modifies only, in writing signed by both of the parties or their duly authorized agents.
Executed this the day of2007.
GEOR E C. CAMPBELL, CITY MANAGER
ATTEST:
JENNIFER WALTER, CITY SECRETARY
R KNAk d ll 1(t V"XU l n
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BYi /&ZK
Zl-' 14r-1 IV
MAC HOHEN ERGER
ARGYLE FIRE DISTRICT
ATTEST:
BY
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APPROVED AS TO LEGAL FORM:
KEN CAMPBELL, ATTORNEY
BY