Loading...
2004-240S:\Our Documents\Ordinances\04~Robson-EM S.doc OP INANCE NO. d£ ;d fi¥4 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND ROBSON EMS COMMITTEE FOR LEGAL SERVICES IN CONNECTION WITH FIRST All3 RESPONDER PROGRAM AS OFFICIAL VOLUNTEERS TO THE CITY OF DENTON FIRE DEPARTMENT EMERGENCY MEDICAL SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTiVE DATE. WHEREAS, the Robson EMS Committee (the "Organization") is in the process of creating first aid responder program as official volunteers to the City of Denton Fire Department emergency medical services (the "Program"); and WHEREAS, the City Council of the City of Denton hereby finds that the Program and the agreement between the City and the Organization attached hereto and made a part hereof by reference (the "Agreement") serve a municipal and public purpose and the Agreement is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by reference into the body of this ordinance as if fully set forth herein. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Agreement and to carry out the duties and responsibilities of the City under the Agreement, including the expenditure of funds as provided in the Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2004. EULINE BROCK, MAYOR ATTEST: AP~OT~AS To-LEG BY. ,"~// ~'~ AGREEMENT This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporatiorg hereina~er referred to as "City", and Robson EMS Committee, by and through its authorized representative, Jim D'Entremont, hereinatter referred to as "Organization"; WHEREAS, City has dethroned that the Organization will perform an important public service for the residents of Denton without regard to race, religion, color, age or national origin. NOW, THEREFORE, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES Organization shall utilize the funds provided for herein for the following program: The expenditure of funds for legal services for legal advice regarding tort liability concerning the creation of a first aid responder program as official volunteers to the City of Denton Fire Depatlment emergency medical service. II. OBLIGATIONS OF ORGANIZATION In consideration of the receipt of funds from City, Organization agrees to the following terms and conditions: A. The funds provided for in this agreement shall only be expended for the purposes set forth in Article I above, and for no other purpose. B. The Organizafon shall expend the funds in a manner that will allow for a tracing of funds and a review of the specific expenditures for which the funds were utilized. C. The Organization shall permit authorized officials of City to review its books at any time. D. The Organization will reduce to writing all of its roles, regulations, and policies and file a copy with City Manager's office along with any amendments, additions, or revisions whenever adopted. E. The Organization shall not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement. F. As funds are expended, the Organization shall provide documentation in the form of cancelled checks and corresponding receipts detailing expenditure. m. TIME OF PERFORMANCE The services funded by City shall be undertaken and completed by Organization within one year from the Effective Date of this Agreement. IV. PAYMENTS PAYMENTS TO OROAN~ZATION. City shall pay to the Organization the sum of $700.00 to be used solely for the purposes set forth in Section I above. V. EVALUATION The Organization shall retain accurate and current records that clearly reflect the expenditures under this Agreement. VI. SUSPENSION OR TERMINATION A. The City may terminate this Agreement for cause if the Organization violates any covenants, agreements, or guarantees of this Agreement. In ease of termination, Organization will remit to City any unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim City may otherwise have arising out of this Agreement. VII. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS A. Organization shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. B. Organization will furnish all information and reports requested by City, and will permit access to its books, records, and ac~unts for purposes of investigation to ascertain compliance with local, State and Federal rules and regulations. C. In the event of Organizafioffs non-compliance with the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and Organization may be barred from further contracts with City. VIII. WARRANTIES ORGANIZATION represents and warrants that the Organization has the power to enter into this Agreement and accept payments hereunder, and has taken aH necessary action to authorize such acceptance under the terms and conditions of this Agreemem. 2 IX. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. Organization cannot significantly change the nature, intent, or scope of the program funded under this Agreement without the prior written approval of the City. C. It is expressly understood that the transfer of funds between or among programs of the Organization will not be permitted. X. CONFLICT OF INTEREST A. Organization covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Organization further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. Organization further covenants that no member of its governing body or its staff, subcontraetors or employees shall possess any interest in or use his/her position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself/herself; or others; particularly those with which he/she has family, business, or other ties. C. No officer, member, or employee of City and no member of its governing body who exercises any function or respons~ilitie~ in the review or approval of the undertaking or carrying out of this Agreement shall participate in .any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest. XI. NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, addressed to Organization or City, as the case may be, at the following addresses: ORGANIZATION Robson Ranch EMS Committee CITY City of Denton, Texas 3 Attn: City Manager 215 E. McKinney Denton, TX 76201 Fax No. 940.349.8596 C/O Jim D'Entremont 9413 Grandview Drive Denton, Texas 76207 Fax No. 940.246.1038 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. XII. MISCELLANEOUS A. Organization shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, Wast company or other financial institution without the prior written approval of City. B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of'any part of this Agreement or its governing roles, codes, laws, ordinances, or regulations, City as the party ultimately responsible for matters of compliance, will have the final authority to render or to secure an interpretation. D. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. Signed to be effective as of the 7'/~/L day of~t~fT/~'. , 2004 (the '~Effeetive Date"). ATTEST: JENNIFER WALTERS, CITY SECRETARY CITY OF DENTON, TEXAS MICHAEL A. CONDI~t,C~NAGER APPROVED AS TO LEGAL FORM: HERBERT PRO/~, CITY/~TORNEY ROBSON EMS COMMITTEE Authorized Representative 5