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2004-044AN 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. PASSED AND APPROVED this the /r/.~ dayof ,~.dx',~,/.~- ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY INTER]LOCAL COOPERATION AGREEMENT FIRE PROTECTION SERVICES THIS AGREEMENT is made and entered into this /7~ day of, ,~~2004, by and between Denton County, a political subdivision of the State of Texas, hereinaftet~/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 organ/zed 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 governmental 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, 2003 to and through September 30, 2004. FIRE CONTRACT 2003-04 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 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 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 investigation~ 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 2003-04 2 calls made in the unincorporated designated area. The Denton County Fire Marshal shall provide the forms upon request fi:om 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 officer or employee as to any such matter shall be the final determination. 1II. 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 shah 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 of services as provided in this Agreeraent the sum of TEN THOUSAND AND NO/100THS DOLLARS ($10,000.00), payable upon execution of this agreement, and the further sum of THREE HUNDRED SIXTY- TWO AND 88/100TH DOLLARS ($362.88) per fire call in the designated unincorporated areas of COUNTY from October 1, 2003 to September 30, 2004. The total of all payments by COUNTY to AGENCY pursuant to this Agreement is estimated to be FORTY EIGHT THOUSAND NINE HLrNDRED EIGHTY-EIGHT AND 80/100THS DOLLARS ($48,988.80). FIRE CONTRACT 2003-04 3 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. VI. RADIOS COUNTY has provided AGENCY with a STX 800 Mhz radio for the use of AGENCY in carrying out the terms of this contract. The radios will remain the property of COUNTY and will be returned on termination of this agreement. COUNTY reserves the fight to reclaim the property at any time for any reason. It is agreed by COUNTY and AGENCY that the radios were provided for in previous contracts between COUNTY and AGENCY. No agreement has been made for any additional radios. 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. RESPONSIBILITY OF COUNTY COUNTY shall be responsible for the acts, negligence, 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 FIRE CONTRACT 2003-04 4 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. 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. 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 claim that may otherwise arise out of this agreement. XI/I. 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 immmty or defense that would otherwise be available to it against claims arising from the exercise of government powers and functions. XIV. FIRE CONTRACT 2003-04 5 ENTIRE AGREEMENT This agreement represents the entire and integrated agreement between AGENCY and COUNTY and supersedes ail 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. XV. 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 shail 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. 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 resolutions 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 financiai 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. SERVICE AREA Acceptance of this contract constitutes approval of the service area set out in attached Exhibit "A". EXECUTED in duplicate originais, this the/'7~ day of~2004. FIRE CONTRACT 2003-04 6 COUNTY AGENCY By " City of Denton 215 E. McKinney Denton, Texas 76201 By c~fiM~ Euline Brock Mayor Denton County, Texas II 0 West Hickory Denton, Texas 76201 \\\\\UlIIIIII111/ """ GOUR, 1111'" ~' ~~,-"tl"""" O.t'" ~ Acting on behalf of and by l#...... ".,.;>i% Acting on behalf of and by the the authority of Denton Cor#J.!% / * \ 8% authority of the City of Denton Commissioners Court of ~ ~ ~ ~ Z E Denton County, Texas. ~ ~~. i g ~ ATTEST: , 0 ~ .. r-.::." ~ ............ . .....:;::..-;:: ~v .., .. ."'"~ ~ ~v ,..,......... ,,-'Y ~ ATTEST: ~/111,:r.;rl -1c ~\\'~ 11/1/111111\1\\\\ BY: .<1./ APPROVED AS TO FORM: By:QL nwL' ~ Herbert L. Prouty City Attorney FIRE CONTRACT 2003-04 7 EXHIBIT "A"