HomeMy WebLinkAboutRes 2013-08-08 Agreement with Collin County for the Provision of Firefighting and Fire Protection Services1— • . 0 r @ • N IFA
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WHEREAS, Collin County (the "County") is a duly organized political subdivision of the State
of Texas engaged in the administration of county government and related services for the
benefit of the residents of Collin County, Texas; and
WHEREAS, the City of Anna, Texas (the "City") is a municipal corporation, duly organized
and operating under the laws of the State of Texas and engaged in the provision of fire
protection and firefighting services and related services; and
WHEREAS, the City is the owner and operator of certain fire protection vehicles, fire
suppression equipment and other equipment designed for the extinguishing of fire and
prevention of damage to property and injury to persons from fire and works with or employs
trained personnel whose duties are related to the use of such vehicles and equipment; and
WHEREAS, the County desires to obtain firefighting and fire protection services from the City
for the benefit of an area of the county that is located outside the corporate limits of the City;
and
WHEREAS, the County and the City mutually desire that the City should continue to provide
firefighting and fire protection services to the citizens of the City's assigned fire district that is
located outside the City's corporate limits; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval and Authorization of Agreement.
The City Council of the City of Anna, Texas hereby approves the Agreement for the
Provision of Firefighting and Fire Protection Services attached hereto as Exhibit 1, and
authorizes, ratifies and approves the City Manager's execution of same. The City Manager
is hereby authorized to execute all documents and to take all other actions necessary to
finalize, act under and enforce the Agreement.
RES. 2013-08-08 Agreement w/CC for Firefighting, etc PAGE 1 OF 2 08-13-13
PASSED by the City Council of the City of Anna, Texas, on this 13th day of August 2013.
ATTEST:
Nat a Wilkison, City te&etary Mi Crist, Mayor
RES. 2013-08-08 Agreement w/CC for Firefighting, etc PAGE 2 OF 2 08-13-13
CITY OF
COUNTYOF COLLIN
AGREEMENT FOR THE PROVISION OF FIREFIGHTING AND FIRE PROTECTION
SERVICES
Pursuant to the authority granted by Texas Local Government Code, Chapter 352, Collin
County, Texas, a political subdivision of the State of Texas (hereinafter referred to as
"COUNTY") and the City of Anna, Texas (hereinafter referred to as "AGENCY"), (and jointly
referred to as "Parties") in consideration of the premises and mutual promises contained herein,
agree as follows:
RECITALS
WHEREAS, the COUNTY is a duly organized political subdivision of the State of
Texas engaged in the administration of county government and related services for the benefit
of the residents of Collin County, Texas; and
WHEREAS, AGENCY is a municipal corporation or nonprofit corporation, duly
organized and operating under the laws of the State of Texas and engaged in the provision of
fire protection and firefighting services and related services; and
WHEREAS, AGENCY is the owner and operator of certain fire protection vehicles,
fire suppression equipment and other equipment designed for the extinguishing of fire and
prevention of damage to property and injury to persons from fire and works with or
employs trained personnel whose duties are related to the use of such vehicles and
equipment; and
WHEREAS, COUNTY desires to obtain firefighting and fire protection services from
AGENCY for the benefit of an area of the county that is located outside the municipalities in
the County; and
WHEREAS, COUNTY and AGENCY mutually desire that AGENCY should
continue to provide firefighting and fire protection services to the citizens of AGENCY'S
assigned fire district that is located outside the municipalities in the County; and
NOW, THEREFORE, in consideration of the above recitals, the mutual promises that
follow and other good and valuable consideration, the receipt and legal sufficiency of which are
hereby acknowledged, the Parties do hereby agree as follows:
I. Incorporation of Recitals. The above recitals, having been found by the Parties to be
true and correct in all respects are incorporated into this Agreement by reference.
II. Obligations and Responsibilities of AGENCY
Page 1 of 5
2.1 AGENCY shall provide firefighting services, fire protection services, and related
services within its fire district as assigned by Collin County and agreed to by AGENCY.
A map of the fire district assigned to AGENCY by Collin County is appended hereto as
"Exhibit A" and is incorporated with this Agreement for all purposes.
2.2 AGENCY shall maintain records of response to emergency calls, including but
not limited to date, time, location of emergency, type of emergency, time to respond, and
results. AGENCY shall provide up-to-date response data to COUNTY within 30 days of
request by COUNTY.
2.3 AGENCY agrees to respond to the Collin County Fire Marshall requests for
information and will use best efforts to work with the Collin County Fire Marshall to
cooperate and coordinate firefighting and fire protection activities.
2.4 If AGENCY is a nonprofit corporation, AGENCY agrees to maintain its corporate
status in good standing with all federal, state, and local rules and regulations applicable to
a non-profit corporation. AGENCY shall notify COUNTY if its corporate authority is
canceled, terminated, or otherwise lapses.
2.5 AGENCY warrants and promises that it will respond to emergency calls with
appropriate equipment and sufficient trained personnel as needed to appropriately address
the emergency situation. AGENCY further warrants and promises that it will mandate
appropriate training of all personnel and ensure proper certification of all firefighter staff.
2.6 AGENCY warrants and promises that it shall maintain general liability insurance
in amounts as are reasonable and customary for firefighting agencies similar to
AGENCY. AGENCY shall provide proof of liability insurance to COUNTY at the
beginning of each term of this Agreement and upon request by Collin County.
III. Obligations and Responsibilities of COUNTY.
3.1 COUNTY shall pay a yearly fee to AGENCY according to the following
formulas: (1) $750,000 divided by the total number of persons living in COUNTY's
unincorporated areas, as computed by the COUNTY's GIS Department, multiplied by the
specific population of the unincorporated area of the AGENCY's fire district as assigned
by Collin County; and (2) $200,000 divided by the total square miles of COUNTY's
unincorporated area multiplied by the total square miles of the unincorporated area of the
AGENCY's fire district as assigned by Collin County.
3.2 COUNTY shall pay the yearly fee calculated under the formula stated in
paragraph 3.1 in semi-annual installments to AGENCY. The first payment to be paid
within a reasonable time after COUNTY has approved said fees in COUNTY's yearly
budget adopted in September of each year, and the second installment to be paid six
months after the first payment to AGENCY. In accordance with Texas Local
Government Code chapter 352, such payments will be made from COUNTY's general
fund and all payments referenced under this Agreement shall be paid from current funds.
Page 2 of 5
IV.
V.
3.3 COUNTY will recalculate the payment formula stated in paragraph 3.1 each year
during the term of this Agreement, including each renewal term. The formula stated in
paragraph 3.1 is not a guarantee of any specific payment and AGENCY acknowledges
that any payments are subject to budgeted appropriations approved by COUNTY's
governing board.
Effective Date, Term and Termination.
4.1 The effective date of this Agreement shall be the 1st day of October, 2013,
("Effective Date"), regardless of when this Agreement is executed by the Parties'
authorized representatives.
4.2 The term of this Agreement shall begin on the Effective Date, and shall continue
for an initial term of one year. This Agreement shall automatically renew for successive
one year terms unless the Agreement is terminated or cancelled by either Party as
provided by this Agreement.
4.3 Either Party may terminate this Agreement, with or without cause, before the end
of the then current term by providing the other Party with thirty (30) days written notice
of termination. In the event of termination under this section, COUNTY and AGENCY
agree to pay for or reimburse the other Party for overpayment or under payment to the
termination date.
4.4 No appropriation. Notwithstanding paragraph 4.3, if sufficient funds are not
appropriated by COUNTY to fund this Agreement in any fiscal year an event of no
appropriation shall be deemed to have occurred and the Agreement shall automatically
terminate upon the last date of the term of the Agreement for which funds budgeted for
this Agreement have been appropriated. In no event shall COUNTY be obligated to
make any payments under this Agreement beyond the then current fiscal year of
COUNTY for which funds have been appropriated to satisfy its payment obligations
under this Agreement.
Miscellaneous
5.1 Notices. Any notice required under this Agreement shall be sent to the
following:
To COUNTY:
To AGENCY
Collin County, Texas
City of Anna
Attn: County Judge, Keith Self
Attn: City Manager
2300 Bloomdale Rd.
305 South Powell
McKinney, TX 75071
Anna, TX 75049
5.2 Authority and Enforceability. The Parties represent and warrant that this
Agreement has been approved and or adopted by the Parties' authorized representatives
Page 3 of 5
and that the individual executing this Agreement on behalf of each Party has been duly
authorized to do so. Each Party acknowledges and agrees that this Agreement is binding
upon such Party and enforceable against such Party in accordance with its terms and
conditions.
5.3 Entire Agreement; Severability. This Agreement contains the entire agreement
between the Parties and this Agreement supersedes any prior oral or written
understandings and agreements. This Agreement shall not be modified or amended
except in writing signed by the Parties. The invalidity, in whole or in part, of any
paragraph of this Agreement shall not affect the validity of the remainder of the
Agreement or paragraph.
5.4 Governing Law. This Agreement shall be governed by the laws of Texas. Any
litigation in any way relating to this Agreement shall be brought in State court in Collin
County, Texas.
5.5 Non Waiver. Any failure by a Party to insist upon strict performance by another
Party of any material provision of this Agreement shall not be deemed a waiver thereof,
and the Party shall have the right at any time thereafter to insist upon strict performance
of any and all provisions of this Agreement. No provision of this Agreement may be
waived except by writing signed by the Party waiving such provision. Any waiver shall
be limited to the specific purposes for which it is given. No waiver by any Party of any
term or condition of this Agreement shall be deemed or construed to be a waiver of any
other term or condition or subsequent waiver of the same term or condition.
5.6 No Third Party Beneficiaries. This Agreement only inures to the benefit of, and
may only be enforced by, the Parties. No other person or entity shall have any right,
title, or interest under this Agreement or otherwise be deemed to be a third -party
beneficiary of this Agreement.
5.7 Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original and constitute one and the same instrument.
5.8 Further Documents. Each Party shall, upon request of the other Party, execute
and deliver such further documents and perform such further acts as may reasonably be
requested to effectuate the terms of this Agreement and achieve the intent of the Parties.
5.9 Dispute Resolution. The Parties agree to use alternative dispute resolution,
including mediation to resolve any conflicts which may arise under this Agreement.
5.10 Authority. The undersigned officers of the Parties by executing said document,
acknowledge that they and/or their respective governing bodies have reviewed and
approved this Agreement in full compliance with their respective bylaws, policies and the
laws of the State of Texas. The persons executing this Agreement represent and warrant
Page 4 of 5
they possess the requisite authority to do so on behalf of the persons and entities set forth
below.
In WITNESS WHEREOF; the parties hereto have executed this Agreement in multiple
counterparts, each of which shall be deemed an original on the dates reflected below.
X9 J1f -►WW1
Collin County, Texas
County Judge, Keith Self
Acting on behalf and by Authority
Of the Collin County Commissioners
Date
ATTEST:
Stacey Kemp, County Clerk
Page 5 of 5
AGENCY
City of Anna, Texas
ATTEST:
-X&
Cirecretary, Natha Wilkison
EXHIBIT A
MAP OF AGENCY FIRE DISTRICT
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