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Ordinance No. 7,709960523 -1.0 ORDINANCE NO. 7709 ® AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A 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 a 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 23rd day of May, 1996. PETE C. ALFARO, ayor ATTEST: �Q EILEEN P. HALL, City Clerk APPROVED AS TO FORM: L - --- ACIO RAMIREZ, S&tity Attorney 0 OcounciRmectings \may \fireprot.23 • • A G R -E E M E N T THE STATE OF TEXAS ° O COUNTY OF HARRIS ° 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 Five Thousand Seven Hundred Twenty -Five and No /100 Dollars ($5,725.00) to the City for fire fighting and fire protection services to the unincorporated .EXHIBIT A ® 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. III. The term of this agreement shall be for twelve (12) months beginning April 1, 1996, and ending March 31, 1997. • 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 vFithin 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. V. The City shall observe and comply with all federal, state, and local 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 Five Thousand Seven Hundred Twenty -Five and No /100 Dollars ($5,725.00) 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 Five Thousand Seven Hundred Twenty -Five and No /100 Dollars ($5,725.00) under 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 -2- 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. 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. The City 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 the City as an insured and the County as an additional 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 /100 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 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 agrees to provide to County a certificate of insurance evidencing the same within fifteen (15) days after the execution of this Agreement. Said certificate of insurance shall be mailed to: -3- ® Harris County Fire Marshal 480 N. Sam Houston Parkway E., Suite 105 Houston, Texas 77060 • Attention: Asst. Fire Marshal Fire Department's failure to timely provide such certificate of insurance shall be considered a breach of this Agreement thereby permitting the Fire Marshal to immediately terminate same without any further notice. XI. 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. XII. 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: Baytown Fire Department 201 E. Wye Dr. Baytown; Texas 77521 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- ® XIII. • This instrument 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 7/7' day of 19�� APPROVED AS TO FORM: MIKE DRISCOLL County Attorney HARRIS COUNTY By JO M. RENFROW Assistant'County Attorney ATTEST: Secretary By ROBERT ECKELS, County Judge CITY OF BAYTOWN By Mayor CERTIFICATION OF FUNDS I hereby certify that funds are available in the amount of Five Thousand Seven Hundred Twenty -Five and No /100 Dollars ($5,725.00) to pay the obligation of Harris County under and within the foregoing contract. TOMMY J. TOMPKINS County Auditor Harris County, Texas -5- • ORDER AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF BAYTOWN THE STATE OF TEXAS ° O COUNTY OF HARRIS ° On this the day of 19 the Commissioners Court of Harris County, Texas, being duly convened at a regular meeting of the Court, upon motion of Commissioner seconded by Commissioner duly put and carried, It is.--ORDERED that the County Judge be, and he is hereby authorized to execute an agreement to provide fire fighting and fire protection services between Harris County and the City of Baytown, said Agreement being incorporated herein by reference for all purposes as though fully set forth word for word. NRESEWED W Commission w Cam'! cats MAY 0 7 1996 aid f.__._.