1987-071THE STATE OF TEXAS
COUNTY OF DENTON
RESOLUTION 87-71
INTERLOCAL COOPERATION AGREEMENT
THIS AGREEMENT is made and entered into this day of October, 1987, by
and between DENTON COUNTY, a political subdivision of the State of Texas, hereinafter
referred to interchangeably as "County", and City of Southlake, a municipal corporation
or incorparated volunteer fire department located in Denton County, Texas, hereinafter
referred to as "AGENCY".
WHEREAS, Denton 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, Texas; and
WHEREAS, each AGENCY is a municipal corporation or incorporated volunteer
fire department, duly organized and operating under the laws of the State of Texas is
is engaged in the provision of fire protection service and related services for the benefit
of the citizens of Denton County, Texas; 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 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, Denton and each 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:,
The effective date of this agreement shall be the 1st day of October, 1987.
1.
I
IL
The initial term of this Agreement shall be for the period of October 1, 1987 to
and through September 30, 1988. 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 each individual Fire Department listed on Exhibit A hereto,
being all Departments receiving the single payment funding from Denton
County; said services to be rendered as described herein by said Departments
in all unincorporated areas within the above referenced operating territory
or jurisdiction of each Department, the referenced services as set out herein
are rendered by each said 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
I,— to any such matter shall be in all things final.
IV.
The COUNTY shall designate the County Judge to act on behalf of COUNTY, and
to serve as "Liaison Officer" between DENTON and each AGENCY. The County Judge
or his designated substitute shall insure the performance of all duties and ouligations
of COUNTY herein stated; 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 immediate and direct supervision of COUNTY'S
employees, agents, contractors, sub -contractors, and/or laborers, if any; in the futherance
2.
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 asgainst all claims, damasges, losses
and expenses, including reasonable attorney's fees in case it shall be necessary to
poursue 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 or any employee
of AGENCY or COUNTY or that of anyone employed by or contractg with AGENCY-or---
COUNTY
GENCY--or---
COUNTY for whose acts COUNTY and/or AGENCY is liable.
VIII.
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 aforesaid,
3.
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 services under this agreement as a part of their
responsibility for providing protection for the public health makes it imperiative 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 or shall be deemed
hereby deeded to waive, any immunity or defense that would otherwise be available to
it against claims arising from the exercise of governmental powers and functions.
X1.
This agreement represents the entire and integrated agreement between each
AGENCY and COUNTY and supersedes all prior negotiations, representations and/or
agreements, either written or oral. This agreement may be amended only by written_.._
instrumentsigned by each AGENCY and COUNTY.
MI.
This agreement and of 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.
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.
4.
L
IX.
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 day of
1987.
COUNTY OF DENTON
BY:
VIC BURGESS, COUNTY JUDGE
ATTEST:
BY:
APPROVED AS TO FORM AND CONTENT:
Rob Morris
DENTON COUNTY ATTORNEY
City of Southlake
B Y:
J C
I
ATTE
BY: U,
5.
lm, Mayor