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Ordinance No. 11,347ORDINANCE' NO, 11,347 AN ORDINANCH" OFTIIL CITY COUNCIL OFTFIE CITY Ti'-'1XAS, AUTHORIZING' AN INTERLOCAL AGREEMENT WITH HARMS COUNTY FOR ]"I R F PROTI"'C"I'l ON SI"'IMCH'S IN AN UNINCORPORATI."D AREA OF' HARRIS CIOUNTY; AND PROVIDING FOR TFIF' DATETHERF',OF', I BE I-F ORDAINED 13Y THE CITY COUNCIL OF THE CITY OF BAY'I'MNIN, 'I"J"XAS: authorizes and Section 1: the ity Council ofthe City of Baytown hereby , directs the City Manager to execute an interlocal agreement with Harris Counly Cor fire protection services in ',IJI Ullincorponated area of Harris County, Said agrecilient is attached as ["Ahibit "A" and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect ininiediately from and alter its passage by tile C. ity Council of' dic Cily of Baylown. INTRODUCED, M"'AD, rind PASSED by the affirmative vq?�F of tile City Council Of the City of Bavtowji this the 22"" (hay 1' April, 2010. rr AT, 11111, ;K- L p`u M, 1V TO FOI M: APPROV I.., Cou tic i FOrd i n ai ices\2009\1 )ecembur I W1 STU"PHEN 1-1. DONCAIZLOS, Mayor EPf A 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"), and the CITY OF BAYTOWN, (hereinafter the "City"). RECITALS: The City 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 Hams County to preserve the property of the County and to preserve and protect the public health of the citizens of the County; The City has previously furnished fire fighting and fire protection services to said unincorporated areas of Harris County for the considerations hereinafter provided; The City is willing to furnish fire fighting and fire protection services to said unincorporated areas of Harris County for the considerations hereinafter provided; The County desires that City continue to provide fire protection service, and the County will pay NINE THOUSAND and No /100 Dollars ($ 9,000.00) to City for fire protection services performed during the term of this agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: TERMS: I. TERM The term of this agreement shall be from APRIL 1, 2010 or the date the Agreement is executed by the County and the City, whichever is later, to SEPTEMBER 30, 2010 , unless sooner terminated as provided herein. II. AUTHORIZING RESOLUTION The City agrees to delivery 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. SERVICE AREA During the term of this agreement, the City agrees to furnish 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 here made. IV. SERVICES TO BE PROVIDED A. 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: (1) Answering all calls for help and assistance in extinguishing fires in the area designated in Paragraph III of this agreement; (2) furnishing fire fighting personnel, equipment and supplies to fight all fires within the said area; and (3) 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. B. City agrees to furnish all facilities, equipment and supplies necessary for said services. C. 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 in engaged in fire fighting. V. INDEPENDENT CONTRACTOR STATUS It is further agreed that in the performance of all obligations undertaken by this agreement, the City is an independent contractor with 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. VI. 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. VII. COMPENSATION A. Harris County agrees to pay the sum of NINE THOUSAND and No /100 Dollars (59,000.00) to the City for fire fighting and fire protection services to the unincorporated area of Harris County designated in Paragraph III of this Agreement. In the event that this Agreement is cancelled or terminated due to the decision of or caused by the City, the City shall refund to the County an amount equal to 1 /6`x' of the sum set forth in Paragraph VII.A above, times the number of full calendar months remaining under the terms of this Agreement after such termination date. Such refund shall be due forty-five (45) days after the date of said cancellation or termination. B. The County and City understand and agree that the sums to be paid to the City pursuant to this section shall be considered some reimbursement for fire responses in the 3 unincorporated area of Harris County, but may not completely cover the cost for the fire fighting and fire protection services to be provided by the City under this 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. C. The County and City agree that said sum is to be paid to the City in one installment within thirty (30) days after mutual execution of this Agreement. VIII. FUNDING LIMITATIONS AND PAYMENT METHOD A. The City understands that the sum set forth in Section VII.A is the total maximum sum that Harris County has available specifically allocated to discharge any and all liabilities that the 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. 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 wiH not process any request for payment under this agreement in the event that the City has not complied with the reporting requirements set forth in this Agreement. IX. REQUIRED REPORTS A. Monthly Reports: The City agrees to furnish the Fire Marshal of Harris County, not later than the fifteenth (15th) day of the following month, a report listing the total number of runs made into the area of Harris County designated in Paragraph III of this Agreement for the previous month, along with 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. B. The City agrees to participate in the NFIRS / TEXFIRS reporting system, and to use it as the basis for all response reports. C. The City understands and acknowledges that the City's failure to submit a required Monthly Report as provided herein shall be considered a breach of this Agreement. In 4 such event, the County may terminate this Agreement, subject to the cure provisions found in Article XI.B of this Agreement. X. INSURANCE REQUIREMENT A. The City is a self - insured entity. The City shall provide to the County no later than FIFTEEN (15) days after mutual execution of this Agreement a certificate or other evidence of such self- insurance. Said certificate of insurance shall be mailed to: Harris County Fire Marshal 2318 Atascocita Humble, TX 77396 B. The City's failure to timely provide such certificate or other evidence of self insurance shall be considered a breach of this Agreement thereby permitting the County to immediately terminate same without any further notice notwithstanding any other provision herein. C. In the event that there is a cancellation or material reduction in the City's self- insurance, the City shall notify the County within SEVEN (7) days of such change in self - insurance. Cancellation or material reduction of the insurance as provided herein shall be considered a breach of this Agreement thereby permitting the County to immediately terminate same without any further notice notwithstanding any other provision herein. XI. TERMINATION A. Either natty may terminate this agreement for any reason after providing sixty (60) days notice to the other part B. If either party hereto refuses or fails to timely perform any one or more of the undertakings and obligations which are to 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; 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. E XII. 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 or fee prepaid, return receipt requested, and addressed to: CITY OF BAYTOWN 201 E. Wye Drive Baytown, Texas 77521 Attention: City of Baytown Fire & Rescue Headquarters With a copy to: CITY OF BAYTOWN P.O. Box 424 Baytown, Texas 77522 Attention: City Manager 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, 9ei Floor Houston, Texas 77002 Attention: County Judge With a copy to: Harris County Fire Marshal 2318 Atascocita Humble, TX 77396 C. Either party may change its address by giving notice to the other Party in writing. D. Any notice mailed by certified United States mail, return- receipt requested, postage or fee prepaid, shall be deemed given upon deposit in the United States mail. XIII. 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. C1 XIV. DISCLOSURE OF E -MAIL ADDRESSES City affirmatively consents to the disclosure of its e-mail addresses that are provided to County. This consent is intended to comply with the requirements of 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. XV. 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. XVI. WAIVER OF BREACH Waiver of a breach or violation of any provision of this Agreement is not a waiver of any subsequent breach. XVII. NO PERSONAL LIABILITY AND NO THIRD PARTY BENEFICIARY 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. This Agreement is intended solely for the benefit of Harris County and the CITY OF BAYTOWN, and no provision of this agreement shall be construed or interpreted to convey or grant to any person not a named party to this Agreement any benefits or rights. XVIII. 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. 7 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. HARRIS COUNTY CITY OF BAYTOWN By: ED EMMETT County Judge Date Signed:. APPROVED AS TO FORM: VINCE RYAN County BRIAN A. By: GARRISON C. BRUMBACK City Manager Date Signed: ATTEST: LETICIA GARZA City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR. City Attorney al Assistant County Attorney C. A. File No. IOGEN0370 (VS) CERTIFICATION OF FUNDS I hereby certify that funds are available in the amount of $ 9,000.00 to pay the obligations of Harris County under this agreement. BARBARA J. SCHOTT, C.P.A. County Auditor Harris County, Texas 8