2007-250s:\our documents\ordinances\07\Ore protection agreement corirah.doc
ORDINANCE NO. a~2~O
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 CITY OF CORINTH 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 City of Corinth 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 l ~~ day of ~~1~2'~=t/~/ , 2007.
~~ ~~~~~
PERR . McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPRO ED AS LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
~~1_
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INCERLOCAL COOPERATION AGREEMENT
THE STATE OF TEXAS
COUNTY OF DENTON
This Interlocal Cooperation Agreement (the "Agreements is made and entered into by and betwcen the
CITY OF DENTON, TEXAS, a Torras Municipal Corporation, hereinafter referred to as "Cit}t' and the
CITY OF CORINTH, a Texas Municipal Corporetion, hereinafter referred to as`~ty of Corinth'.'
WHEREAS, the City of Denton and the City of Corinth wish to enter into an Agreement, under
the authority and subject to the provisions of Texas Government Code, Chapter 791, The Interbcal
Cooperation Act, to facilitate the response of certain assets and resources that could effectively serve the
fire a~ emergency medical needs of certain arras of the City of Dentods jurisdiction in addition to
certain areas of the City of Corinttls jurisdiction; and
NOW, THEREFORE, in consideration of the mutual covenants in this Agreement the parties
agree as follows: `
SECTION 1. Purpose of Am~eement. 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 arras of mutual concern of both jurisdictions. Notwitbstandimg the parties
present expressed intention to follow the agreemem as stated, it is understood by all parties that one or the
other party may be unwilling or tenable th carry out these tasks as contemplated, and that no legal or
equitable penalty or remedy, nor any incidental or consequontial damages, are anticipated or bargained for
in the event either party chooses, for whatever mason, not to accept the offer under the circumstances
contemplated herein. It is also understood that the assistance request or famished may be refused,
limited, or recalled at the discretion of either of the parties to this Agreement.
SECTION 2: Asaismnce• The assistance to be rendered pursuant to this Agreement shall
solely involve the temporary use of the Cites and the City of CorinlHs vehicles, equipmem and personnel
from one jurisdiction to the other.
SECTION 3: Iteauest for Aeaiatapce. The temporary use of City or City of Corimh vehicles,
equipment and personnel and other assets may be requested by the City or City of Corinth to any fire or
medical emergency need m times of an emergency or disaster as defined by this Agreement.
SECTION 4: Ptimarv Reapopsibllitiea. It is understood by the City and the City of Corinth
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: ~meea to bo performed. Upon receipt of the report of an incident requiring
response in their own respective jurisdictions, Ure City and the City of Corinth will, unless orders to the
contrary ate issued by an appropriate officer of the responding departrnent, dispatch 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 mto the other jurisdictions jurisdictional limits or ETJ
err area of responsibility in any of the geographical areas as agreed to by the parties' Fier Chiefs. Service
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areas and requirements may be modified, as operational necessities require, by mutual written conscet of
the pattio3 Fire Chiefs.
SECTION 6: Ocerafhr¢ Proviaioas. Any dispatch of equipment and personnel pursuant to
tltis Agreement is subject to the following conditions:
A. Any request for aid hereunder shall include a statement of dre amount and type of
equipment and number of personnel that are needed, but the amount end type of
equipment and number of perso~el 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 fast to arrive on the scene of the emergency
and shall assume commas of the incidem until relieved by an officer of the requesting
jurisdiction.
D. Personnel and equipment from the Fve Department of the resPcedinB 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 fee
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 farms 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 ear City of
Corintlr waives, nw 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 silly (60) days notice in writing by either party.
SECTION 9: Contract Amoant. The City and the City of Corinth agree to reimburse each
other for actual costs, other than ordinary operational costs, incuriai by each other in the performance of
this agreement. Reimbursement shall be made on an incident-by-incident basis.
SECTION 10: Indecendent ConfraMor. Each party shall operate under this Agreement as an
independent contractor, and not as an agent, represmtative, servant or employee of the other. Subject to
the terms of this Agrcemont, each party shall have the right to control the details of its performance
hereunder.
SECTION 11: Partlea' Addrease8. Unless otherwise provided herein, all notices required or
permitted by this Agreement shall be made in the following addresses:
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City of Denton
City Managers Office
Attn: George Campbell, City Manager
215 East McKinney
Denton, Texas 76201
City of Corinth
City Manager's Office
Athr: Clovia English
3300 Corinth Parkway
Corinth, Texas 76208
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 tams of their agreement. This
agreement can be modifies onty in writing signed by both of the parties or their duly authorized agents.
Executed this the lK~ day of _~~~~~?./y1~ .2007.
L
REC. CAMPBELL, CITY MANAGER
ATTEST:
JENNIFER WAL~CITY SECRETARY
BY~U4 my~~~ ,.1 ~ In U ~-1 t ,n
APPR1gJVED AS'4'O LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY/~~~~z
ATTEST:
CLOVIA ENGLISH, AGER
APPROVED AS TO LEGAL FORM:
MICHAEL A. BUCEK, CITY ATTORNEY
RESOLUTION N0.07-10-18-23
AN RESOLUTION OF THE CITY OF CORINTH, TEXAS APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL FIRE
PROTECTION AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY
OF CORINTH FOR FIRE PROTECTION SERVICES; AND DECLARING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF CORINTH, TEXAS, HEREBY RESOLVES:
SECTION 1. The City Council of the City of Corinth, Texas hereby approves an
Agreement between the City of Denton and the City of Corinth 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 resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 18~' day of October, 2007.
ATTEST:
,~~y ~F C DR~~~y
Kimberly Pence, City Secretary ,t : ~~
City of Co inth, Texas _`
BI': ~ ~ TEXAS.
APPROVED AS TO LEGAL FORM:
Michael A. Bucek, City Attorney