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Ordinance No. 9,223ORDINANCE NO. 9223 ® 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. C 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 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 13`h day of September, 2001. .� PETE C. ALFARO, ayor ATTEST: GAR : SI fil h City Jerk APPROVE? AS TO FORM: ACIO RAMIREZ, S ity Attorney d:\MyDocuments \Council \00 -01 \September\Harri sCountyFireProtectionAgreement ® AGREEMENT 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, (hereinafter 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 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. 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 Fire & Emergency Services Department official fire protection zone map of Harris County, to which reference is here made. H. COMPENSATION Harris County agrees to pay the sum of Ten Thousand Five Hundred Sixty-five and No /100 Dollars ($10,565.00) to the City for fire fighting and fire protection services to the unincorporated area of Harris County pursuant to Paragraph I of this agreement. The County agrees said sum is to be paid to the City within sixty (60) days after the execution of this contract. I11 KHM0 AV This agreement shall become effective on August 1, 2001, or as soon thereafter as both parties sign it. This Agreement shall terminate on July 31, 2002. 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 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 fire fighting personnel, equipment and supplies are available, and are not otherwise engaged in fire fighting within the City. V. COMPLIANCE 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 II 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. AUTHORIZING RESOLUTION Within thirty (30) days of the date of this Agreement, the City will deliver to the Fire Marshal of Harris County a certified copy of the Ordinance or Resolution of the goveming body of the City authorizing the undersigned officers of the City to execute this Agreement for and on behalf of the City. 1X. MONTHLY REPORTS AND FUNDING The City agrees to furnish the Fire Marshal of Harris County, not later than the tenth (10th) day of the following month, a monthly report listing the total number of runs made into the unincorporated areas 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 accepted by the Harris County Fire Marshal and shall be signed and certified by the fire chief or fire marshal of the City. The City must be an active participant in the TXFIRS reporting system, and an active member of the Harris County Firefighters Association. X. LIABILITY INSURANCE REQUIREMENT 40 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 2 ® 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, City agrees to provide to County a certificate of insurance evidencing the same with the execution of this Agreement. Said certificate of insurance shall be mailed with this contract to: Harris County Fire & Emergency Services Department 480 N. Sam Houston Parkway E., Suite 105 Houston, Texas 77060 -3521 B. 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. TERMINATION 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 H 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. XII. NOTICES A. Any notice required or permitted to be given by County to City hereunder may be given by certified or registered United States Mail, postage prepaid, return receipt requested, and addressed to: Baytown Fire & Rescue 3110 N. Main Baytown, TX 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 3 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 in duplicate originals this day of day of ,2001. APPROVED AS TO FORM: MICHAEL . S • ORD HARRIS COUNTY County o By ' / = _ By G.,�L�.1: W cIIIP ROBERT ECKELS Assistant County Attorney County Judge ATTEST: CITY OF BAYTOWN By C- a-VA-14r- MAYOR ITV Ci.-e i< CERTIFICATION OF FUNDS I hereby certify that funds are available in the amount of Ten Thousand Five Hundred Sixty-five and No/100 Dollars ($10,565.00) to pay the obligation of Harris County under and within the foregoing contract. TOMMY J.TOMPKINS County Auditor 4 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 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: quorum, when among other business, the following was transacted: constituting a ORDER AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF BAYTOWN Commissioner 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: NAYS: ABSTENTIONS: 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: IT IS ORDERED that the County Judge, or his designee, is hereby authorized to execute for and on behalf of Harris County, an Agreement with The City of Baytown to provide fire. protection services in certain unincorporated areas of Harris County. Said Agreement is incorporated herein by reference and made a part hereof for all intents and purposes as though fully set forth herein word for word. Ll