1987-006RESOLUTION NO. 87-6 ORIGINAL
THE STATE OF TEXAS ••
INTERLOCAL COOPERATION AGREEMENT
COUNTY OF DENTON •
This Agreement is made and entered by and between Denton County, a
political subdivision of the State of Texas, hereinafter referred to as
COUNTY", and City of Southlake, a municipal corporation or incorporated
volunteer fire department 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 or incorporated
volunteer fire department, 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 Denton
County; 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 desires to obtain fire protection services
rendered by agency, 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 services the public health and welfare and is of
mutual concern to the contracting parties; and
WHEREAS, COUNTY and AGENCY mutually desire to be subject to the
provisions of tex. Rev. Civ. Stat. Art. 4413 (32c), (Vernon Supp. 1985), the
Interlocal Cooperation Act or Article 2351a-5 (Vernon Supp. 1985) and
contract pursuant thereto; NOW, THEREFORE, COUNTY and AGENCY, for the
mutual consideration hereinafter stated, agree as follows:
I.
The effective date of this agreement shall be the Ist day of
October, 1986.
II.
The initial term of the Agreement shall be for the period of
October 1, 1986 to and through September 30, 1987. Thereafter, this
agreement shall be renewed for successive additional one year terms
commencing on October 1 of each year if the COUNTY and the AGENCY agree in
writing on or before the first day of September, to the amount of
consideration to be paid hereunder for each successive term; provided,
however, that each party may terminate this agreement by giving the other
party written notice of intent to terminate sixty (60) days after such
notice.
A. Services to be referred hereunder by AGENCY are fire
protection services normally rendered within the AGENCY Fire Department, as
hereinafter defined, to citizens of COUNTY, to wit:
1. The availability and provision of emergency fire prevention,
extinguishment, safety and rescue services within the agreed
or specified territory or jurisdiction of the AGENCY Fire
Department described on Exhibit A hereto; said services to be
rendered as described herein by said Department in all
unincorporated areas within the above referenced operating
territory or jurisdiction of such 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 AGENCY Fire Department shall respond to requests for fire
protection services made within the rural areas of COUNTY, described on
Exhibit A attached hereto.
C. It is recognized that the officers and employees of AGENCY'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 in all things fine .
IV.
The 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 his designated substitute shall insure the performance of
all duties and obligations of COUNTY herein state; and, shall devote
sufficient time and attention to the execution of said duties on behalf of
COUNTY in full compliance with the terms and conditions of this agreement;
and, shall provide inTrediate and direct 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 AGENCY.
V.
AGENCY shall insure the performance of all duties and obligations
of AGENCY as herein stated; and, shall devote sufficient time and attention
to the execution of said duties on behalf of AGENCY in full compliance with
the terms and conditions of this agreement; and, shall provide immediate
and direct supervision of the AGENCY 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 AGENCY and
COUNTY.
VI.
For the services hereinabove stated, COUNTY agrees to pay to
AGENCY for the full performance of this agreement, the sum of Three
Thousand (3,000.00) Dollars upon execution of this agreement and the sum of
Sixty-five and no/100 ($65.00) Dollars per fire call in the designated
unincorporated areas of Denton County, Texas. AGENCY understands and
agrees that payment by COUNTY to the AGENCY shall be made in accordance
with the normal and customary processes and business procedures of COUNTY,
and in conformance with applicable state law.
VII.
AGENCY and COUNTY agree to indemnify and hold harmless each other
and each others agents, servants and employees from and against all claims,
damages, losses and expenses, including reasonable attorney's fees in case
it shall be necessary to pursue legal action, arising out of performance of
the services and duties herein which are, or are alleged to have been
caused in whole or in part by AGENCY or COUNTY, including but not
necessarily limited to the negligent act and/or omission of any employee of
AGENCY, or COUNTY its officers and employees, cr that of a subcontractor of
AGENCY, or COUNTY or that of anyone employed by or contract with AGENCY or
COUNTY for whose acts COUNTY and/or AGENCY is liable.
VIII.
In the evert 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 aforesaid,
this agreement shall terminate and come to an end as if that were the day
originally fixed herein for the expiration of the agreement.
IX.
This agreement may be terminated at any time, by either party
giving sixty (60) day 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 for reimbursable expenses as authorized by this agreement,
then COUNTY shall be reimbursed pro rata for all such overcompensation.
Acceptance of said reimbursement shall not constitute a waiver of any claim
that may otherwise arise out of this agreement.
X.
The fact that COUNTY and AGENCY accept certain responsibilities
relating to the rendition of fire protection seriices 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'goverrrnental
impunity shall be, and it is hereby invoked to the extent possible under
the law. Neither AGENCY nor COUNTY waives or shall be deemed hereby to
waive, any immunity or defense that would otherwise be available to it
against claims arising form the exercise cf governmental powers and
functions.
XI.
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.
XII.
This agreement and any of its terms of provisions, as well as the
rights and duties of the parties hereto, shall be governed by the laws of
the State of Texas.
XIII.
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.
XIV.
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 extending said
authority have been duly passed and are now in full force and effect.
Executed in duplicate originals this the 3 day of\jtd G"Zq,1986.
COUNTY OF DE ON
BY:
CWN T Y JUDGE
i5/S4/s
ATTEST:
BY: ""-X-
TY CLERKTY
CITY OF SOUTHLAKE
ATTEST:
B Y :,
I TY ETARY
T
Exhibit A
City of Southlake area of responsibility within Denton County:
Area bounded by Denton -Tarrant County Line on the
south, T.N. King Road on the west and the Grapevine
Reservoir on the north and east, as indicated on the
attached drawing.
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