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Ordinance No. 10,990ORDINANCE NO. 10,990 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR FIRE PROTECTION SERVICES IN AN UNINCORPORATED AREA OF HARRIS COUNTY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section I: That the City Council of the City of Baytown hereby authorizes and directs the City Manager to execute an interlocal agreement with Harris County for fire protection services in an unincorporated area of Harris County. Said agreement is attached as Exhibit "A" and incorporated herein 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 V/Me of the City Council of the City of Baytown this the 9th day of October, 2008. ATTEST: V ■ ■■■-■ ■ . ;■:? KAY/ftlte DARNfct, City Clerk STEPHEN I-I. DONCARLOS, May APPROVED AS TO FORM: ACIO RAMIREZ, SR., CUv?Attorney \\cobsrvl\lcgal\Karcn\Files\Chy Council\Ordinnnccs\200H\Oclobcr9\HarrisCoiintyFircProteclionAgreeincnt.doc Exhibit "A" AGREEMENT THE STATE OF TEXAS § § COUNTY OF HARRIS § THIS AGREEMENT, made and entered into by and between Harris County, Texas ("County"), acting through its governing body* the Harris County Commissioners Court, and the City of Baytown ("City*'), a municipal corporation situated in Harris County. RECITALS; Harris County desires to provide fire fighting and fire protection services to certain unincorporated areas of Harris County. The Commissioners Court of Harris County finds that the provision of such fire fighting and fire protection services supports a public purpose of Harris County to preserve the property of the County and to preserve and protect the public health of the citizens of the County. The City of Baytown has previously furnished fire fighting and fire protection services to such unincorporated areas of Harris County. The City of Baytown is willing to continue to furnish fire fighting and fire protection services to such unincorporated areas of Harris County for the consideration hereinafter provided. The City of Baytown represents that it holds all necessary licenses and certifications to perform such services and is qualified by education and experience to provide such services. NOW. THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: TERMS; I. SCOPE OF SERVICES A. The purpose and intent of the Parties is for the City of Baytown to provide fire fighting and fire protection services to the unincorporated area of Harris County designated by Zone Number 32 on the official fire protection zone map of Harris County to which reference is herein made. Said services shall include, but not be limited to the following: (1) answering all calls for help and assistance in extinguishing fires in the areas designated herein; (2) furnishing fire fighting personnel, equipment and supplies to fight all fires within the designated area; and (3) answering all calls and furnishing fire fighting personnel, equipment, and supplies to protect persons and property within the designated area that are endangered by fires in adjacent areas. C.A. File No. 08GEN0791 B. The City agrees to furnish the Harris County Fire Marshal, not later than the tenth day of the following month, a Monthly Report listing the total number of runs made into the area of Harris County designated herein for the previous month and such other information relating to fire fighting an fire prevention services of the City as may be requested by the County Fire Marshal. Said Monthly Reports 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. C. The City agrees to furnish all facilities, equipment, and supplies necessary for said services. D. The City agrees to observe and comply with all federal, state and local laws, rules, ordinances and regulations affecting the conduct of the services herein provided and performance of all obligations undertaken under this Agreement. E. It is expressly understood and agreed that the services to be provided by the City in this Agreement are expressly contingent upon the availability of the City's fire fighting personnel, equipment and supplies. Nothing contained herein shall be construed so as to require the City to perform services under this Agreement if such personnel equipment and supplies are unavailable or otherwise engaged in fire fighting. II. TERM OF THE AGREEMENT A. The Term of this Agreement is from the date this Agreement is executed by the County and the City through April 30,2009, unless sooner terminated as provided herein. B. The City agrees to deliver to the Harris County Fire Marshal a certified copy of the City's resolution authorizing the City to enter into this Agreement within five days after the execution of the Agreement by the City's authorized representative. III. PAYMENT METHOD AND LIMITATIONS A. The County agrees to pay the City the sum of $21,000.00 within thirty (30) days after execution of this Agreement. The Parties understand and agree that the sums to be paid to the City pursuant to this section shall be considered reimbursement for fire responses in the unincorporated area of Harris County, but are not meant to completely cover the cost for the fire fighting and fire protection services to be provided by the City under Agreement. Nothing in this agreement shall prevent the City from charging the responsible party for firefighting and fire protection services provided in order to defray the cost incurred by the City in responding to calls for service in the unincorporated area of Harris County pursuant to this Agreement. B. The City clearly understands that Harris County has available the total maximum sum of $21,000.00 specifically allocated to discharge any and all liabilities that County may incur, including any and all costs for any and all things or purpose, inuring under or out of this Agreement, irrespective of the nature thereof and notwithstanding any word, statement or thing contained in or inferred from the provisions of this Agreement that might in any light by any person be interpreted to the contrary. IV. TERMINATION PROVISIONS A. If cither Party hereto refuses or fails to timely perform any of the undertakings and obligations which are to be performed hereunder, then and in that event, the other Party shall have the right to terminate this Agreement upon ten (10) calendar days written notice to the defaulting Party; provided that the non-defaulting Party has given the defaulting Party written notice of the default and at least ten (10) days to cure the same and the defaulting Party has failed to cure the default within the time period given. B. The City understands and acknowledges that the City's failure to submit a Monthly Report as provided in Article I, Section B, herein is grounds for termination of this Agreement and that City shall not be entitled to payment for any month in which City has failed to submit a required Monthly Report. Within 30 days after termination of this Agreement, City shall reimburse County a pro-rata monthly amount, based upon the total amount certified, for any month in which City has failed or refused or submit a required Monthly Report. V. LIABILITY INSURANCE REQUIREMENT 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 covering injuries arising out of or in connection with the performance of the services herein provided for. with coverage of not less that 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 Further, the City will 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 Marshal 2318 Atascocita Road Houston, Texas 77396 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 terminate same pursuant to Article IV, Section A. C. The City shall notify the Fire Marshal immediately of any changes to the City's liability insurance policy. Cancellation or material reduction of the insurance as provided herein shall be considered a breach of this Agreement thereby permitting the Fire Marshal to terminate the Agreement pursuant to Article IV, Section A. VI. NOTICE A. Any notice required or permitted to be given to the City by County may be given by certified United States mail, return-receipt requested, postage-prepaid, addressed to: City of Baytown Fire & Rescue Headquarters 201 E. Wye Drive Baytown. Texas 77521 Any notice permitted or required to be given to County by the City may be given by certified United States mail, return receipt-requested, postage prepaid, addressed to: Harris County 1001 Preston, 9lh Floor Houston, Texas 77002 Attention: County Judge With a copy to: Harris County Fire Marshal 2318 Atascocita Road Humble, Texas 77396 Either party may change its address by giving notice to the other Party in writing. Any notice mailed by certified United States mail, return-receipt requested, shall be deemed given upon deposit in the United States mail. VII. ENTIRE AGREEMENT This instrument constitutes the entire agreement between the Parties hereto relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning the Agreement shall be of no force or effect except a subsequent modification in writing signed by the Parties. VIII. GOVERNING LAW AND VENUE This Agreement is governed in all respects by the laws and Constitution of the State of Texas. Exclusive venue is in Harris County, Texas. IX. DISCLOSURE OF E-MAIL ADDRESSES City affirmatively consents to the disclosure of its e-mail addresses provided to County. This consent is intended to comply with the Public Information Act, Section 552,137 of the Texas Government Code and shall survive the termination of the Agreement. This consent shall apply to e-mail addresses provided by the City and agents acting on behalf of the City and shall apply to any e-mail address provided in any form for any reason related to this Agreement X. PUBLIC INFORMATION The City expressly acknowledges that County is subject to the Texas Public Information Act, Chapter 552 of the Texas Government Code, and notwithstanding any provision in this Agreement to the contrary, County will make any information related to this agreement or otherwise available to third parties in accordance with the Public Information Act. XL WAIVER OF BREACH Waiver of a breach of any provision of this Agreement is not a waiver of any subsequent breach. XII. NO PERSONAL LIABILITY Nothing in this Agreement may be construed as creating any personal liability on the part of any officer, director, employee or agent of any public body that may be a party to this Agreement and the parties expressly agree that the execution of this Agreement does not create any personal liability on the part of any officer, director, employee or agent of County. IN WITNESS WHEREOF, this instrument has been executed on behalf of Harris County by a duly authorized representative of Harris County and on behalf of the City of Baytown by a duly authorized representative of the City of Baytown. APPROVED AS TO FORM: HARRIS COUNTY MIKK STAFFORD countyrr 4^ EDEMMETT GEd»RGEjg)YOUNG^ ~^\ County Judge Assistant County Attorney Date Signed: CITY OF BAYTOWN Attest For the Citv: By : Print Name: Title: Title: APPROVED AS TO FORM: Date Signed: Bv: City Attorney CERTIFICATION OF FUNDS 1 hereby certify that funds are available in the amount of $21,000.00 to pay the obligation of Harris County under this Agreement. BARBARA J. SCHOTT, C.P.A. County Auditor Harris County. Texas 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 rJUM 0 3 MM «2008, with the following members present, to-wit: Ed Emmett El Franco Lee Sylvia R. Garcia Steve Radack Jerry Eversole and the following members absent, to-wit: County Judge Commissioner, Precinct No. 1 Commissioner, Precinct No. 2 Commissioner, Precinct No. 3 Commissioner, Precinct No. 4 constituting a quorum, when among other business, the following was transacted: ORDER AUTHORIZING AGREEMENT WITH THE CITY OF BAYTOWN FOR FIRE FIGHTING AND FIRE PROTECTION SERVICES Commissioner ^-introduced an Order and made a seconded motion that the same be adopted. Commissioner the motion for adoption of the Order. The motion, carrying with it the adoption of the Order, prevailed by the following vote: Judge Emmett Comm. Lee Comm. Garcia Comm. Radack Comm. Eversole Yes No CD D ci a Cl Cl Cl □ a a Abstain □ □ a a a The County Judge thereupon announced that the motion had duly and lawfully carried and that the Order had been duly and lawfully adopted. The Order thus adopted follows: RECITALS: Harris County desires to provide fire fighting and fire protection services to certain unincorporated areas of Harris County; The Commissioners Court of Harris County finds that the provision of such fire fighting and fire protection services supports a public purpose of Harris County to Presented to Commissioner's Court JUN 0 3 2008 APPROVE Recorded Vol Page preserve the property of the County and to preserve and protect the public health of the residents of the County; The City of Baytown has previously furnished fire fighting and fire protection services to such unincorporated areas of Harris County. The City of Baytown is willing to continue to furnish fire fighting and fire protection services to such unincorporated areas of Harris County for the consideration hereinafter provided; The City of Baytown represents that it holds all necessary licenses and certifications to perform such services and is qualified by education and experience to provide such services; and The Commissioners Court of Harris County desires to approve an Agreement between Harris County and the City of Baytown for such services. NOW, THEREFORE, 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: The Agreement is approved and the County Judge of Harris County or his designee is authorized to execute an Agreement in the amount of $21 000.00 with the City of Baytown to provide fire fighting and fire protection services under the terms and provisions set out in the Agreement, which is incorporated by reference and made a part of this Order for all intents and purposes as though set out in full word for word. Section 3: All Harris County officials and employees are authorized to do any and all things necessary or convenient to accomplish the purpose of this Order.