Ordinance No. 9,02420001026— 5
ORDINANCE NO. 9024
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A FIRE PROTECTION
AGREEMENT WITH HARRIS COUNTY; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
I[]
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section l: That the City Council of the City of Baytown, Texas, hereby authorizes
and directs the City Manager and the 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 26th day of October, 2000.
" e
PETE C. ALFAR , Mayor
ATTEST:
za
G W. S� , City Clerk
APPROVELf AS TO FORM:
IQ Ze�,,'04
ACIO RAMIREZ, S ity Attorney
cA\MyDocuments \Counci1\00 -01 \ October\ HarrisCountyFireProtectionAgreement
AGREEMEN -T
THE STATE OF TEXAS
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.
WITNESSETH:
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 Hams 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. SERVICE AREA
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. COMPENSATION
Harris County agrees to pay the sum of Five Thousand One Hundred and No /100 Dollars
($5,100.00) to the City for fire fighting and fire protection services to the unincorporated area of Hams
County designated in Paragraph I of this agreement. The County agrees that said sum is to be paid to the
City within sixty (60) days after the execution of this contract.
M. TERM
The term of this agreement shall be from July 1, 2000, to June 30, 2001.
IV. SERVICES TO BE PROVIDED
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
EXHIS7 iA
® 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.
V. COMPLIANCE WITH OTHER LAWS
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. FUNDING LIMITATIONS
A. It is expressly understood that the County has specifically allocated only the amount
stated in Paragraph H above, 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 this sum under the
terms and provisions of the agreement.
B. The County will not process any request for payment under this agreement in the event
that the City has not complied with the reporting requirements of Paragraph IX below.
VII. INDEPENDENT CONTRACTOR STATUS
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.
VIII. AUTHORIZATION RESOLUTION
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. MONTHLY REPORTS
The City agrees to furnish the Fire Marshal of Harris County, not later than the tenth (10) day of
the following 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. LIABILITY INSURANCE REQUIREMENTS
A. 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:
Harris County Fire & Emergency Services Department
480 N. Sam Houston Parkway E., Suite 105
Houston, Texas 77060 -3521
B. The City'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. TERNIINATION
A. 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 the
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.
B. In the event the City fails to submit a monthly report as provided herein, the City
understands and accepts that its failure to submit monthly reports as provided above will be grounds for
termination of this agreement in accordance with Section A above.
X11. NOTICES
A. 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
B. 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
.
•
C. Any notice shall be considered given and complete upon deposit in the United States
Mail.
XIII. ENTIRE AGREEMENT
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 1_? day ofpE4,4.i4e#r2000.
APPROVED AS TO FORM:
MICHAEL P.FLEMING : • ' ' '
County Attorney
By rQJ B
BERNARDO J.GARCIA ROBERT ECKELS
Assistant County Attorney County Judge
ATTEST: CITY OF BAYTOWN
By
City Manager
CERTIFICATION OF FUNDS
I hereby certify that funds are available in the amount of Five Thousand One Hundred and
No/100 Dollars ($5,100.00) to pay the obligation of Harris County under and within the foregoing
contract.
i --16-64,1 141—
TON .TOM KINS
Harris County Auditor
0
E-1,
THE STATE OF TEXAS
COUNTY OF HARRIS
The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the
Harris County Administration Building in the City of Houston, Texas, on the day of
SEP 1 2 MR, with the following members present, to -wit:
Robert Eckels County Judge
El. Franco Lee Commissioner, Precinct No. 1
James Fonteno Commissioner, Precinct No. 2
Steve Radack Commissioner, Precinct No. 3
Jerry Eversole Commissioner, Precinct No. 4
and the following members absent, to -wit: Y \�!�j!AN, +L— , constituting a
quorum, when among other business, the following was transacted:
ORDER AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN
HARRIS COUNTY AND THE CITY OF BAYTOWN
Commissioner o introduced an order and made a motion that
the same be adopted. Commissioner seconded the motion for adoption of
the order. The motion, carrying with it the adoption of the order, prevailed by the following vote:
AYES: Vote of the court
NAYS: AYES:
ABSTENTIONS: NOES-
ABSTENTIONS:
4 (Commissioners tee, Fonteno, Radack, and Eversole)
0
1(Judge Eckets)
The County Judge thereupon announced that the motion had duly and lawfully carried and that
the order had been duly and law -fully adopted. The order thus adopted follows:
RECITALS:
Harris County, hereinafter "County", and the City of Baytown, hereinafter "City", desire to enter into a
Agreement wherein the City will provide fire fighting and fire protection services to the unincorporated
areas of Harris County.
BE IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS COUNTY, TEXAS THAT:
Section 1: The recitals set forth in this order are true and correct.
Section 2. An agreement be executed between Harris County and the City for the purposes and
consideration contained therein and said Agreement being incorporated herein by reference and made a
part hereof for all intents and purposes as though fully set forth herein word for word.
Presentee to Commissioner's Court
SEP 12 2000
APPROVE
Recorded Vol. gaga®