2002-3255.10ueO umMs\O nm=Wrtm wwlionu wi counrydoo
ORDINANCE NO. d~DDoSa~
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. PASSED AND APPROVED this the day of ~/~n~
/Y kt '2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: c 7( oL
r
STATE OF TEXAS §
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT
FIRE PROTECTION SERVICES
THIS AGREEMENT is made and entered into this Y/ i day of
2002, by and between DENTON COUNTY, a political subdivision of the State of Texas,
hereinafter referred to as "County" and the CITY OF DENTON, TEXAS, a municipality located in
Denton County, Texas, hereinafter refereed to as "City".
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, City is a municipality engaged in the provision of fire protection services and
related services for the benefit of the citizens of the City of Denton; 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 City for the services and functions
performed by it; and
WHEREAS, City is an owner and operator of certain fire protection vehicles and other
equipment designed for the transportation of persons who are sick, infirm, or injured and has in its
employ such trained personnel whose duties are related to the use of such vehicles and equipment;
and
WHEREAS, County desires to obtain fire protection services rendered by City, as more
fully hereinafter described for the benefit of the residents of Denton County, Texas; and
WHEREAS, the provision of fire protection services is a governmental function that serves
the public health and welfare and is of mutual concern to the contracting parties; and
WHEREAS, County and City mutually desire to be subject to the provisions of V.T.C.A.'
Government Code, Chapter 791, the Interlocal Cooperation Act, V.T.C.A. Government Code,
Chapter 352, Sections 352.001 and 352.004 and other applicable statutes and contracts pursuant
thereto;
NOW, THEREFORE, County and City for the mutual consideration hereinafter stated
agree as follows:
1 Vernon's Texas Code Annotated
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1.
The effective date of this Agreement shall be the I't day of October, 2002.
2.
The term of this Agreement shall be for the period of October 1, 2002 to and through
September 30, 2003. Each party may terminate this Agreement by giving the other party written
notice of intent to terminate 60 days after receipt of such notice.
3.
Services to be rendered hereunder by City are fire protection services normally rendered by
City's Fire Department as hereinabove defined to citizens of County, to wit:
A. Availability and provision of emergency fire prevention, extinguishment, safety and
rescue services within the agreed or specified territory or jurisdiction of the City Fire Department;
said services to be rendered as described herein by said City Department in all unincorporated areas
within the above referenced operating territory or jurisdiction of such City Department, the
referenced services as set out herein are rendered by said City Department in consideration of the
basic funding referenced elsewhere herein and the per-call fee set out elsewhere herein, for the
common good and benefit and to serve the public convenience and necessity of the citizens of
Denton County who are not otherwise protected with respect to fire prevention, extinguishment,
safety, and rescue services.
B. The City Fire Department shall respond to requests for fire protection services made
with County as set out in Exhibit "A" attached hereto and incorporated by reference.
C. The County agrees that in the event a fire in the City's unincorporated designated
area which the City considers to be of incendiary nature and upon request by the City, the County
Fire Marshall 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 prosecution of arsonists.
D. It is further agreed that the City shall not be responsible for investigations of
suspected incendiary fires in rural areas, but shall cooperate with the County Fire Marshall in
immediately relating all pertinent information possible to the investigator(s).
E. It is further agreed that the County Fire Marshall may assist in the conduct of the
appropriate investigations of fire which the City considers to be of incendiary nature in the City's
incorporated designated area upon request by the City.
F. It is finther agreed that the City shall submit monthly statements on the Texas Fire
Incident Reporting System's standardized forms to the Denton County Fire Marshall, 110 West
Hickory, Denton, Texas 76201. This form will serve as the billing statement to the County for
reimbursement of calls made in the unincorporated designated area.
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G. It is further agreed that Denton County Fire Marshall shall provide the forms upon
request from the City.
H. It is recognized that the officers and employees of the City's Fire Department have
duties and responsibilities which include the rendition of fire protection services, and it shall be the
responsibility and within the sole discretion of the officers and employees of said Fire Department
to determine priorities in the dispatching and use of such equipment and personnel, and the
judgment of any such officer or employee as to any such matter shall be the final determination,
unless otherwise determined by the Denton County Fire Marshall.
5.
The County shall designate the County Judge to act on behalf of the County and to serve as
"Liaison Officer" between County and City. The County Judge or his designated substitute shall
insure the performance of all duties and obligations of County herein stated, devote sufficient time
and attention to the execution of said duties on behalf of County in full compliance with the terns
and conditions of this Agreement, and provide supervision of County's employees, agents,
contractors, sub-contractors, and/or laborers, if any, in the furtherance of the purposes, terms, and
conditions of this Agreement for the mutual benefit of County and City.
6.
City shall ensure the performance of all duties and obligations of City as hereinafter stated,
devote sufficient time and attention to the execution of said duties on behalf of City in full
compliance with the terms and conditions of this Agreement, and shall provide immediate and
direct supervision of City's employees, agents, contractors, sub-contractors, and/or laborers, if any,
in the furtherance of the purposes, terms, and conditions of this Agreement for the mutual benefit of
County and City.
7.
For the services hereinabove stated, County agrees to pay the City for the full performance of
this agreement the sum of TEN THOUSAND DOLLARS AND NO/100THS ($10,000.00) upon
execution of this agreement. From October 1, 2002 to September 30, 2003 the sum of THREE
HUNDRED TWO AND 40/100THS DOLLARS ($302.40) per fire call in the designated
unincorporated areas of Denton County, Texas shall be paid. No payment will be made for service
provided outside the service district whether by mutual aid agreement or otherwise. City
understands and agrees that payment by County to the City shall be made in accordance with the
normal and customary processes and business procedures of County, and in conformance with
applicable state law.
County has provided City with a STX 800 Mhz radio for the use of City in carrying out the
terms of this contract. The radio will remain the property of the County and will be returned on
termination of this agreement. County reserves the right to reclaim the property at any time for
any reason. It is agreed by County and City that the radio was provided for in previous contracts
between County and City. No agreement has been made for any additional radios.
By the signature of its duly authorized official hereto, the County assures the City that the
County Auditor has certified that sufficient funds are available within the current County budget to
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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.
8.
County agrees to and accepts full responsibility for the acts, negligence, and or omissions of
all County's officers, employees, and agents.
9.
City agrees to and accepts full responsibility for the acts, negligence, and or omissions of
all City's officers, employees, and agents.
10.
In the event of any default in any of the covenants herein contained, this Agreement may
be forfeited and terminated at either parry's discretion of 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.
it.
This Agreement may be terminated at any time by either party giving 60 days advance
notice to the other party. In the event of such termination by either party, City shall be
compensated pro rata for all services performed to terminate date, together with reimbursable
expenses then due and as authorized by this Agreement. In the event of such termination, should
City be overcompensated on a pro rata basis for all serviced performed to termination date and/or
be overcompensated reimbursable expenses as authorized by this Agreement, then 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.
12.
The fact that County and City accept certain responsibilities relating to the rendering of
ambulance 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 City 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 governmental powers and functions.
13
This Agreement represents the entire and integrated agreement between City 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 parties.
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14.
This Agreement and any of its terms or provisions, as well as the rights and duties of the
parties hereto, shall be governed by the laws of the State of Texas.
15.
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 remain valid and in full force and
effect to the extent possible.
16.
The undersigned officer and/or agents of the parties hereto are the properly 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 or ordinances
extending said authority have been duly passed and are now in full force and effect.
17.
Acceptance of this contract constitute approval of the service areas set out in Exhibit "A"
attached hereto.
EXECUTED in duplicate originals, this the day of ai ~ '2002.
COUNTY
DENTON COUNTY, TEXAS
110 WEST HICKORY
DENTON, TEXAS 76201
BY:
Mary Horn
Denton County Ju ge
CITY
CITY OF DENTON, TEXAS
215 EAST MCKINNEY
DENTON, TEXAS 76201
BY: C~~ I'Puck-
Euline Brock
Mayor
Acting on behalf of and by
The authority of DENTON COUNTY
Commissioners Court of Denton
County, Texas
Acting on behalf of and by
the authority of the CITY OF DENTON,
TEXAS
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ATTEST:
BY:
Cynthia Mitchell
Denton County Clerk
APPROVED AS TO FORM:
61
o = ATTEST:
BY:
J fer alters
I Ity Secretary
APPROVED AS TO FORM:
BY: Z&~ A&M, Aoa7 BY: e,~4~ sm -j"
Assistant District Attorney Herbert L. Prouty
City Attorney
APPROVED AS TO
BY:
Fire
APPROVED AS TO CONTENT:
BY:
Fire Chief
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