HomeMy WebLinkAbout2013-2014 ILA Denton County Fire Protection ServicesTHE COUNTY OF DENTON §
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§ STATE OF TEXAS
TROPHY CLUB
FIRE DEPARTMENT
INTERLOCAL COOPERATION AGREEMENT
FIRE PROTECTION SERVICES
THIS AGREEMENT, which has an effective date of October 1, 2013, is made and
entered into by and between Denton County, a political subdivision of the State of Texas,
hereinafter refen·ed to as "the COUNTY," and the Trophy Club Municipal District No. 1, located
in Denton County, Texas, hereinafter referred to as "the AGENCY".
WHEREAS, the 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, the AGENCY is a Municipal Utilities District, duly organized and
operating under the laws of the State of Texas and engaged in the provision of fire protection
services and related services for the benefit of the citizens of the District; and
WHEREAS, the 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 pers01mel whose duties are related
to the use of such vehicles and equipment; and
WHEREAS, the COUNTY and the AGENCY mutually desire to be subject to and
contract pursuant to provisions of the Texas Govenunent Code, Chapter 791 and the Texas Local
Government Code, Chapter 352, and
NOW, THEREFORE, the COUNTY and the 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 begitming of October 1, 2013, and
ending September 30, 2014.
II.
SERVICES
The services to be rendered in accordance with this Agreement by the AGENCY are the
fire protection services normally rendered by the AGENCY to citizens of the District in
circumstances of emergency, but which services will now be extended to all citizens of the
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COUNTY residing in the unincorporated areas of the COUNTY within the operating territory or
jurisdiction of the AGENCY, as agreed to by the AGENCY and the COUNTY in this
Agreement and as set forth in "Exhibit A," attached hereto and incorporated herein by reference.
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 the 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. The 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. The AGENCY shall respond to requests for fire protection services made within
the portion of the COUNTY designated as "Trophy Club" as set out in Exhibit
"A".
C. The COUNTY agrees that, in the event a fire in the AGENCY's unincorporated
designated area which the AGENCY considers to be of an incendiary nature and
upon request by the 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. The
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 pe1tinent information possible to the investigator(s).
D. The COUNTY agrees that the County Fire Marshal may assist in the conduct of
appropriate investigations of a fire which the AGENCY considers to be of
incendiary nature in the AGENCY's incorporated area upon request of the
AGENCY.
E. The AGENCY shall submit monthly statements on the Texas Fire Incident
Reporting System's standardized forms to the Denton County Fire Marshal, 9060
Teasley Lane, Denton, Texas 76210-4010. This form will serve as the billing
statement to the COUNTY for reimbursement of calls made in the unincorporated
area. The Denton County Fire Marshal shall provide the forms upon request from
the AGENCY.
F. The AGENCY, in the perfonnance of its duties and responsibilities under this
Agreement, shall have the responsibility, within the sole discretion of the officers
and employees of the AGENCY, except as otherwise determined by the Denton
County Fire Marshal, to determine priorities in the dispatching and use of the
AGENCY's equipment and personnel, and the judgment of any such officer or
employee as to such matters shall be the final determination.
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The COUNTY shall designate the County Judge to act on behalf of the COUNTY and to
serve as "Liaison Officer" between the COUNTY and the AGENCY. The County Judge, or her
designated substitute, shall devote sufficient time and attention to insure the performance of all
duties and obligations of the COUNTY under this Agreement and shall provide immediate and
direct supervision of employees, agents, contractors, sub-contractors and/or laborers of the
COUNTY engaged in the performance of this Agreement for the mutual benefit of the
COUNTY and the AGENCY.
IIL
PERFORMANCE OF SERVICE
The AGENCY shall devote sufficient time and attention to insure the performance of all
duties and obligations of the AGENCY under this Agreement and shall provide immediate and
direct supervision of the AGENCY's employees, agents, contractors, sub-contractors and/or
laborers engaged in the perfmmance of this Agreement for the mutual benefit of the AGENCY
and the COUNTY.
IV.
COMPENSATION
The COUNTY agrees to pay to the AGENCY for the full performance of services as
provided in this Agreement the sum of $IO,OOO.OO, payable upon execution of this Agreement,
and further agrees to pay the sum of $475.00 per fire call in the designated unincorporated areas
of the COUNTY from October 1, 2013, to September 30, 2014. The COUNTY anticipates the
AGENCY to run 0 fire calls during the term of this Contract The total payments by the
COUNTY to the AGENCY pursuant to this Agreement are estimated to be $10,000.00. The
COUNTY will make no payment to the AGENCY for service provided outside the agreed
service district whether by Mutual Aid Agreement or otherwise. The AGENCY understands and
agrees that payment by the COUNTY to the AGENCY shall be made in accordance with the
nmmal and customary processes and business procedures of the COUNTY and in conformance
with applicable state law.
v.
FINANCIAL RECORDS
The AGENCY agrees to make its financial records available for audit and/or review by
the COUNTY, upon request by the COUNTY.
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VI.
RESPONSIBILITY OF THE COUNTY
The COUNTY, to the extent pennitted by law, shall be responsible for the acts,
negligence and omissions of all officers, employees and agents of the COUNTY who are
engaged in the performance of this Agreement.
VII.
RESPONSIBILITY OF THE AGENCY
The AGENCY, to the extent permitted by law, shall be responsible for the acts,
negligence and omissions of all officers, employees and agents of the AGENCY who are
engaged in the performance of this Agreement.
VIII.
APPLICABLE LAW
The COUNTY and the AGENCY understand and agree that liability nnder this contract
is govemed by the Texas Government Code, Chapter 791 and the Texas Local Government
Code, Chapter 3 52. This Agreement is made in contemplation of the applicability of these laws
to the Agreement. Insofar as legally possible the COUNTY and the AGENCY agree to be
bound by the above mentioned statutes as they exist as of the date of this Agreement.
IX.
DEFAULT
In the event of default of any of the covenants herein contained, this Agreement may be
terminated at the discretion of the non-defaulting party if such default continues for a period of
ten (1 0) days after notice to the other party in writing of such default and the intent to tenninate
this Agreement due to the default. Unless the default is cured, this Agreement shall terminate.
X.
TERMINATION
This Agreement may be tern1inated any time, by either the COUNTY or the AGENCY
by giving sixty (60) days advance written notice to the other patty. In the event of termination by
either party, the AGENCY shall be compensated pro rata for all services performed to the
termination date together with reimbursable expenses then due as authorized by this Agreement.
In the event of such termination, should the AGENCY be overcompensated on a pro rata basis
for all services performed to the termination date and/or be overcompensated reimbursable
expenses, the COUNTY shall be reimbursed pro rata for all such overcompensation.
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Acceptm1ce of such reimbursement shall not constitute a waiver of any claim that may otherwise
arise out of this Agreement.
XI.
GOVERNMENTAL IMMUNITY
The fact that the COUNTY and the AGENCY accept certain responsibilities relating to
the rendition of fire protection services under this Agreement as 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 govemmental function and that the doctrine of govenunental
immunity shall be, a11d it is hereby, invoked to the extent permitted by law. Neither the
AGENCY, nor the COUNTY waive, nor shall be deemed to have hereby waived, any immunity
or defense that would otherwise be available to it against claims arising from the exercise of
government powers a11d functions.
XII.
ENTIRE AGREEMENT
This Agreement represents the entire Agreement between the COUNTY and the
AGENCY a11d supersedes all prior negotiations representations a11d Agreements, either written
or oral. This Agreement may be amended only by written instrument signed by both parties.
XIII.
LAW OF CONTRACT
This Agreement a11d any of its terms or provisions, as well as the rights a11d duties of the
parties hereto, shall be governed by the laws of the State of Texas. The venue for ill1Y dispute, or
matter, arising under this Agreement shall lie in Denton County, Texas.
XIV.
SEVERABILITY
In the event that ill1Y 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 a11d
effect to the fullest extent possible.
XV.
AUTHORITY
The undersigned officer or agents of the pmties hereto are the properly authorized
officials and have the necessary authority to execute this Agreement on behalf of the parties.
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XVI.
SERVICE AREA
Acceptance of this Agreement constitutes approval of the service area set out in attached
Exhibit "A".
EXECUTED in triplicate originals on the dates set forth below.
COUNTY
Denton County, Texas
110 West Hickory Street, 2nd Floor
Denton, T a 6201
AGENCY
Municipal Utility District No. 1
100 Munici al Dr.
Trophy C b, Texas 76262
By~~~==h;~~---=~-
Name~~~~~~~~~L-----
Acting on behalf of and by the
authority of the Municipal
Utility District No. 1
DATED: -----~~~~~~~-~~~-----
ATTEST:
APPRO
AUDITOR'S CERTIFICATE
I hereby certify that funds are available in the
accomplish and pay the obligation of Denton County
ountof$ /~j&J,O
der this Contra tl Agreement.
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