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Ordinance No. 6,635930513 -12 ORDTNANICT NO. 6635 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN FIRE PROTECTION AGREEMENT WITH HARRIS COUNTY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the Mayor and City Clerk of the City of Baytown to execute and attest to an Fire Protection Agreement with Harris County. A copy of said agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 13th day of May, 1993. '., e auk- - PETE C. ALFARO, Mayor ATTEST: EILEEN P. HALL, City Clerk C � 4 ae� Z' Z�'o --4 -/1 ACIO RAMIREZ, ., City Attorney kgallcomci1/5- 13- 93aSmcF1REprot Agreement #4 (City Contract) A G R E E M E N T THE STATE OF TEXAS § § COUNTY OF HARRIS § 1 i _ THIS AGREEMENT, made and entered into by and between HARRIS COUNTY, a body corporate and politic under the laws of the State of Texas, hereinafter sometimes called "County," acting herein by and through its County Judge duly authorized to so act by an Order of the Harris County Commissioners Court, and the City of Baytown , a municipal corporation duly organized and existing under the laws of the State of Texas, hereinafter sometimes called "City," acting herein by and through its Mayor duly authorized to so act by an Ordinance duly passed by the City. W I T N E S S E T H• WHEREAS, Harris County desires to provide fire fighting and fire protection services to certain unincorporated areas of Harris County hereinafter designated to preserve the property of the County and to preserve and protect the public health of the citizens of the County; and WHEREAS, the City is willing to furnish fire fighting and fire protection services to said unincorporated areas of Harris County for the considerations hereinafter provided; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration of the mutual covenants, agreements and benefits to both parties, it is AGREED as follows: I. During the term of this agreement, the City agrees to furnish fire fighting and fire department protection services to the unincorporated areas adjoining the corporate limits of this City designated by Zone Number 32 on the official fire protection zone map of Harris County, to which reference is here made. II. Harris County agrees to pay the sum of $ 9,560.00 to the City for fire fighting and fire protection services to the unincorporated area of Harris County designated in Paragraph I of this agreement. The County agrees that said sum is to be paid to the City within thirty (30) days after the execution of this contract. txmbi f A III. The term of this agreement shall be one (1) year beginning January , 19 93, and ending December 10, 19 9 . IV. It is hereby agreed and understood that the fire fighting and fire protection services to be furnished by the City under this agreement shall include, but not be limited to, the following: Answering all calls for help and assistance in extinguishing fires in the area designated in Paragraph I of this agreement; furnishing fire fighting personnel, equipment, and supplies to fight all fires within the said area; and answering all calls and furnishing fire fighting personnel, equipment and supplies to protect persons and property within the said area which are endangered by fires in adjacent areas; provided that the above described personnel, equipment and supplies are not otherwise engaged in fire fighting within the City. M The City shall observe and comply with all Federal, State, County, and City laws, rules, ordinances, and regulations in any manner affecting the conduct of the services herein provided and performance of all obligations undertaken by this agreement. VI. It is expressly understood that the County has the maximum sum of $ 9,560.00 _ specifically allocated to fully discharge its obligations under this agreement and it is expressly understood that in no event shall the County be obligated to pay the City more than the sum of $ 9,560-00 the terms and provisions of the agreement. VII. It is further agreed that in the performance of all obligations undertaken by this agreement, the City has the right to supervise, manage, control and direct the performance of fire fighting and fire protection services; the County shall look to the City for results only and the County shall have no right at any time to direct or supervise the City or its agents or employees in the performance of such services or as to the manner, means or method in which the services are performed. -2- VIII. The City agrees to deliver to the Fire Marshal of Harris County a certified copy of the Ordinance authorizing the City to enter this Agreement within five (5) days after the execution of this agreement. IX. The City agrees to furnish the Fire Marshal of Harris County, not later than the fifth (5th) day of each month, a monthly report listing the total number of runs made into the area of Harris County designated in Paragraph I of this agreement for the previous month and such other information relating to fire fighting and fire prevention services of the City as may be requested by the Fire Marshal of Harris County. Said report shall be made on the form provided by the Harris County Fire Marshal and shall be signed and certified by an officer of the City. X. In the event the parties hereto shall hold over and carry forward the services herein provided for after the expiration of this agreement without a written renewal thereof, such holding over shall not be deemed to operate as a renewal or extension of this agreement but shall only create an agreement from day to day at a daily rate of N/A which may be terminated at any time by either the County or the City. XI. The City expressly agrees to indemnify and hold the County harmless from and against any and all losses, expenses, demands, and claims made against the County arising in any manner out of its custody and use of said fire fighting apparatus or the furnishing of fire fighting and protection services whether such loss, expense, demand, or claim is caused by County's negligence or not. XII. The City further covenants and agrees that it will, at its own expense, maintain at all times during the term of this Agreement, a liability insurance policy, naming County or both County and the City as an insured, covering injuries arising out of or in connection with the performance of the services herein provided for, with coverage of not less than One Hundred Thousand and No /100 Dollars ($100,000.00) for injuries to any one person and not less than Three Hundred Thousand and No /loo Dollars ($300,000.00) for injuries to more than one person in any one accident or occurrence, and not less than One Hundred Thousand and No /100 Dollars ($100,000.00) for any single occurrence for injury to or destruction -3- of property, or in the amount of the County's maximum limitations of liability under the Texas Tort Claims Act, as amended, whichever is greater. Such liability insurance policy shall include coverage for all apparatus and /or premises made available to the City by County in performing its fire fighting obligations as well as any fire fighting and fire protection services provided for herein. Further, the City will provide to County a certificate of insurance evidencing the same within fifteen (15) days after the execution of this Agreement. XIII. If either party hereto refuses or fails to timely perform any one or more of the undertakings and obligations which are to be performed hereunder, then and in that event, the other party hereto shall have the right to terminate this Agreement upon ten (10) days written notice to the defaulting party. Within ten (10) days after receipt of such notice of termination, the City shall refund to County an amount equal to 1 /12th of the sum set forth in Paragraph II above, times the number of full calendar months remaining under the term of this Agreement after such termination date. XIV. Any notice required or permitted to be given by County to the City hereunder may be given by certified or registered United States Mail, postage prepaid, return receipt requested, and addressed to: Any notice required or permitted to be given by the City to County hereunder may be given by certified or registered United States Mail, postage or fee prepaid, return receipt requested addressed to: Harris County 1001 Preston, 9th Floor Houston, Texas 77002 Attention: County Judge Any notice shall be considered given and complete upon deposit in the United States Mail as aforesaid. -4- XV. This constitutes the entire agreement between the parties hereto and supersedes any and all agreements previously entered into by these same parties pertaining to fire fighting services insofar as it covers the term above specified. EXECUTED this the day of , 19_93. ATTEST: Secretary APPROVED AS TO FORM: MIKE DRISCOLL County Attorney MARILYN BARNES Assistant County Attorney CITY OF Baytown By Mayor HARRIS COUNTY By JON LINDSAY, County Judge I hereby certify that funds are available in the amount of $ 9,560.00 to pay the obligation of Harris County under and within the foregoing contract. TOMMY J. TOMPKINS County Auditor Harris County, Texas -5- X11VIP 111