2005-060ORDINANCE NO. c,~O~- Og?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 DENTON COUNTY FOR FIRE
PROTECTION SERVICES; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That 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 Mayor, or in her absence, the Mayor
Pro Tem, is hereby authorized to execute this Agreement on behalf of the City.
SECTION 2. That this ordinance shall become effective immediately upon its passage
and approval.
I~ASSED AND APPROVED this the ~ ~Af'l(day of ~~~ ,2005.
EUL1NE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
INTERLOCAL COOPERATION AGREEMENT
FIRE PROTECTION SERVICES
THIS AGREEMENT is made and entered into this r~ -- day of, ~~005,
by and between Denton County, a political subdivision of the State of Texas, hereinafter referred
to as "COUNTY" and the City of Denton, a municipal corporation, located in Denton County,
Texas, hereinafter referred to as "AGENCY".
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
WHEREAS, AGENCY is a municipal corporation, duly organized and operating under
the laws of the State of Texas and is engaged in the provision of fire protection service and
related services for the benefit of the citizens of the district; and
WHEREAS, this Contract involves govemmantal functions that each party individually
can perform; and
WHEREAS, the amount paid by County for this service is to be made from current
revenues available to it and that amount fairly compensates Agency for the services and
functions performed by it; and
WHEREAS, 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, COUNTY and AGENCY mutually desire to be subject to and contract
pursuant to the provisions of Government Code, Chapter 791, the Interlocal Cooperation Act,
and Sections 352.001 and 352.004, Local Government Code,
NOW, THEREFORE, COUNTY and 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 of October 1, 2004 to and through
September 30, 2005.
FIRE CONTRACT 2004-05 1
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 the district but which services
Will now be extended to all citizens of COUNTY residing in the unincorporated areas of
COUNTY within the operafmg 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 funddng 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
COUNTY 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 investigator(s).
D. COUNTY agrees that the County Fire Marshal may assist in the conduct of
appropriate investigations of a fire which AGENCY considers to 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, 110 West Hickory, Denton,
Texas 76201. This form will serve as the billing statement to COUNTY for reimbursement of
FIRE CONTRACT 2004-0S 2
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 persounel~ and the judgment of
any such officer or employee as to any such matter shall be the f'mal determination.
III.
LIASON OFFICER
COUNTY shall designate the County Judge to act on'behalf of COUNTY and to serve
as "Liaison Officer" 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 and/or laborers engaged in the performance of this
Agreement for the mutual benefit of COUNTY and AGENCY.
IV.
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 employees, agents, contractors, sub-contractors and/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 o£ services as provided in
this Agreement the sum of TEN THOUSAND AND NO/100THS DOLLARS ($10,000.00),
payable upon execution of this agreement, and the further sum o£ THREE HUNDRED SIXTY-
EIGHT AND 10/100TH DOLLARS ($368.10) per fire call in the designated unincorporated
areas o£ COUNTY from October 1, 2004 to September 30, 2005. The total o£ all payments by
COUNTY to AGENCY pursuant to tiffs Agreement is estimated to be $30,184.20. COUNTY
will make no payment to AGENCY for service provided outside the agreed service district
FIRE CONTRACT 2004-05 3
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 apphcable state law.
VI.
RADIOS
As additional compensation to AGENCY, COUNTY has transferred ownership of a
STX 800 Mhz radio to AGENCY in carrying out the terms of this contract. No agreement has
been made for any additional radios now or in the future, which has been previously provided in
earher contracts for use by AGENCY.
VII
FINANCIAL RECORDS
AGENCY agrees to make available its financial records, relevant to this contract, for
audit and/or review as may requested or required by COUNTY.
VIII
RESPONSIBILITY OF COUNTY
COUNTY shall be responsible for the acts, neghgence, and/or omissions of all officers,
employees, and agents of COUNTY while engaged in the performance of this Agreement..
IX.
RESPONSIBILITY OF AGENCY
AGENCY shall be responsible for the acts, negligence, and/or omissions of all officers,
employees, and agents of AGENCY while engaging in the performance of this Agreement.
X.
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 Code
Section 352.001 and 352.004. This agreement is made in contemplation of the applicability of
these laws to the agreement. Insofar as legally possible COUNTY and AGENCY agree to be
bound by the above mentioned statutes as they exist as of the date of this agreement.
FIRE CONTRACT 2004-05 4
XI.
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
(10) 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.
XII
TERMINATION
This agreement may be terminated any time, by either party giving sixty (60) days
advance written notice to the other party. In the event of such termination by either party,
AGENCY shall be compensated pro rata for 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, and/or be overcompensated reimbursable expenses as authorized by this
Agreement, COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance
of such reimbursement shall not constitute a waiver of any chfim that may otherwise arise out of
this agreement.
XIII.
GOVERNMENTAL IMMUNITY
The fact that COUNTY and AGENCY accept certim 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 goverranent
powers and functions.
FIRE CONTRACT 2004-05 5
XIV.
ENTIRE AGREEMENT
This agreement represents the entire and integrated agreement between AGENCY and
COUNTY and supersedes all prior negotiations, representations and/or agreements, either
written or oral. This agreement may be amended only by written instrument signed by both
AGENCY and COUNTY.
LAW OF CONTRACT
This agreement and any of its terms and provision, as well as the rights and duties of the
parties hereto, shall be governed by the laws of the State of Texas.
XVI.
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 remaim valid and in full force and
effect to the extent possible.
XVII.
AUTHORITY
The undersigned officer and/or agents of the parties hereto are the property authorized
officials and have the necessary authority to execute this agreement on behalf of the parties
hereto, and each party hereby certifies to the other that any necessary resohitions extending said
authority have been duly passed and are now in full force and effect.
By the signature of its duly authorized official hereto, the COUNTY assures the
AGENCY that the County Auditor has certified that sufficient funds are available within the
current County budget to make all payments and meet all the financial obligations of this
Contract and these funds are available to pay the obligation when due in accordance with Section
111.093(c) of the Local Government Code V.T.C.A.
XVIII.
SERVICE AREA
Acceptance of this contract constitutes approval of the service area set out in attached
Exhibit "A".
FIRE CONTRACT 2004-05 6
COUNTY
AGENCY
Denton County, Texas
110 West Hickory
By ! ~/~-tl~.~
DMeTonH Ocr~unty~udge
City of Denton
215 E. McKinney
Denton, Texas 76201
Euline Brock
Mayor
Acting on behalf of and County..,,.,,_,~?.~by oo,% G 0//~ % Actmg on behalf of and by the
the authority of Denton .......... ~j,,?'o,?%authority of the City of Denton
Commissioners Court of
Denton County, Texas.
_=~
ATTEST:
~ 'U~ty Secretary
Denton Cou~y Clerk
Cynthia Mitchell
fssisiaht District AttoF/ey
APPROVED AS TO FORM:
BY: ~/~,, ~'~ a.~
Herbert L. Prouty
City Attorney
FIRE CONTRACT 2004-05 7
AUDITOR'S CERTIFICATE
/
I hereby certify that funds are available in the amount of $ /0/'fl/-J~, fl'~to
accomplish and pay the obligation of Denton Coun~/~der this cont~act./_
Jam~Is, D~n'ton~d~unty ~uciitor
Date:
FIRE CONTRACT 2003-04 8