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HomeMy WebLinkAboutRes 04-16 Authorizing the Renewal of an Agreement with the City of Southlake for Fire Inspection ServicesTOWN OF WESTLAKE RESOLUTION NO. 04-16 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO RENEW AN I NTERLOCAL AG REEMENT W ITH T HE CI TY O F S OUTHLAKE F OR FIRE INSPECTION SERVICES. WHEREAS, The Town of Westlake currently has an interlocal agreement with the City of Southlake for fire inspection services. This is an annually renewable agreement based upon mutual need and agreement. WHEREAS, This has been a very beneficial working relationship for the Town, businesses and contractors working in our community. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: The Board of Aldermen of the Town of Westlake hereby authorizes the Town Manager to renew an Interlocal Agreement with the City of Southlake for Fire Inspection Services. SECTION 2: This Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THIS 22nd DAY OF MARCH 2004. ATTEST: dinge0rosswy, Town Sc&retary APPROVED AS TO FORM: L. Stanton L Attorney Scott Bradle , Mayor Trent O. Petty, Town M er '4-0 C)+-1 � Town. of Westlake Memo To: Honorable Mayor and Members of the Board of Aldermen From: Trent Petty, Town Manager Don Wilson, Emergency Services Coordinator Subject: Regular Meeting of March 22, 2004 Date: March 5, 2004 ITEM Consider a Resolution authorizing the Town Manager to renew an Interlocal Agreement with the City of Southlake for Fire Inspection Services. RECOMMENDATIONS Staff recommends approval. BACKGROUND The Town of Westlake currently has an interlocal agreement with the City of Southlake for fire inspection services. This is an annually renewable agreement based upon mutual need and agreement. The services provided under the agreement consist of fire inspections, fire code review and enforcement, and investigative services. The Town reimburses the City of Southlake under this agreement at a rate of $40 per hour for these services. Funds to finance the cost of this agreement are in the current budget. This has been a very beneficial working relationship for both the Town and businesses and contractors working in our community. It is recommended that the Town continue this agreement. INTERLOCAL AGREEMENT FOR FIRE INSPECTION SERVICES THE STATE OF TEXAS X COUNTIES OF TARRANT And DENTON )( THIS AGREEMENT, is made and entered into by the CITY OF SOUTHLAKE, TEXAS, a Home Rule municipal corporation, hereinafter referred to as "SOUTHLAKE", and the TOWN OF WESTLAKE, TEXAS, a Type A General Law municipal corporation, hereinafter referred to as "WESTLAKE", each acting by and through its duly appointed city managers: WITNESETH: WHEREAS, WESTLAKE is desirous of providing its residents and businesses with fully qualified fire inspection services, and WHEREAS, SOUTHLAKE is desirous of furnishing fully qualified fire inspection services to WESTLAKE, and WHEREAS, the parties hereto desire to enter into said agreement to provide fire inspection services at the highest level possible for both communities in accordance with the terms and conditions set forth herein, and WHEREAS, all payments to be made hereunder shall be made from the current revenues available to the paying party; and WHEREAS, SOUTHLAKE and WESTLAKE have concluded that this Agreement fairly compensates the performing party for the services being provided hereunder; and WHEREAS, SOUTHLAKE and WESTLAKE believe that this Agreement is in the best interests of SOUTHLAKE and WESTLAKE; and WHEREAS, this Agreement has been approved by the governing bodies of SOUTHLAKE and WESTLAKE; and WHEREAS, this agreement shall be in conformance with Chapter 791 of the Texas Government Code, more commonly known as the "Interlocal Cooperation Act". NOW THEREFORE, INCONSIDERATION OF THE MUTUAL PROMISES AND CONSDERATION PROVIDED FOR HEREIN, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY CONFIRMED, THE PARTIES HERETO AGREE TO THE FOLLOWING: Section 1. All matters stated above in the preamble are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. Term. This agreement shall be for an initial term of twelve (12) months commencing on 2004, and ending 2005, and may be extended thereafter by mutual consent of the parties hereto and for such periods as may be mutually agreed upon. However, in accordance with the Texas Interlocal Cooperation Act, this Agreement shall be subject to approval by the governing bodies of SOUTHLAKE and WESTLAKE on at least an annual basis in order that it shall remain in force and funds budgeted therefore. WESTLAKE may extend the aforementioned initial term for an additional terra of one year, or additional one-year terms, provided that notice of intent to do so be provide not less than one (1) month prior to the end of the then current annual term. Section 3. Scope of Services. SOUTM�AKE. SOUTHLAKE hereby agrees to provide WESTLAKE the following services and personnel (hereinafter collectively referred to as "fire inspection services"): a. Fire inspection, fire code review and enforcement, and investigative services, to be provided by an individual who has the following certifications: i. certified with the Texas Commission on Fire Protection as a Fire Inspector and an Arson Investigator. ii, certified by the Texas Commission on Law Enforcement Standards as a peace officer. iii. certified and bonded as required by law to serve as a Fire Marshal. b. All human resource services necessary for the recruitment, screening, employment, and training of all personnel required to provide fire inspection services to WESTLAKE, including providing all employee policies and procedures and the administration thereof. All general and personal liability coverage necessary for the adequate protection of SOUTHLAKE personnel providing said fire inspection services to WESTLAKE at the same level of protection afforded officers and employees while performing the same or similar duties in SOUTHLAKE, provided however, that neither pgty shall be responsible for the otherparties' employee retirement and/or pension benefits. Section 4. WESTLAKE obligations. WESTLAKE agrees to pay the sum of forty dollars ($40) per hour to SOUTHLAKE for fire inspection services on a monthly basis, subject to receipt and verification of an invoice for such time. Section 5. Cancellation. Either party shall have the right to terminate this agreement by giving written notice to the other party at least thirty (30) days prior to such termination. All payments by WESTLAKE to SOUTHLAKE shall continue until the cancellation date is reached unless a mutual agreement to the contrary is reached. Section. 6. Notices. All written notices shall be sent to the following parties by certified mail — return receipt requested: SOUTHLAKE , City Manager City of SOUTHLAKE SOUTHLAKE, TX 'WESTLAKE Trent Petty, flown Manager Town of Westlake 2656 Ottinger Road Westlake, TX 76262 Section 7. Venue. Venue for any legal dispute arising pursuant to this agreement shall lie in Tarrant County, Texas. Section S. At all times during the term of this agreement, all fire inspection officers and employees shall be under the supervision and control of the Fire Chief of SOUTHLAKE or his duly authorized representative, and no other person. Section 9. Both parties mutually agree that SOUTHLAKE is an independent contractor, and shall have exclusive control of performance hereunder, and that employees of SOUTHLAKE in no way are to be considered employees of WESTLAKE. Section 10. This Agreement may only be modified, changed or altered at any time, upon mutual agreement of parties, provided that any such modification, change and/or alteration be reduced to writing, and approved by the governing bodies of SOUTHLAKE and WESTLAKE. IN' 'WITNESS WHEREOF, we have hereunto set our hands this the day of , 2004, in duplicate originals. CITY OF SOUTHLAKE, TEXAS TEXAS By: City Manager TOWN OF WESTLAKE, By: Trent Petty Town Manager 3 ATTEST: By: City Secretary APPROVED AS TO FORM: By: City Attorney ATTEST: By: Ginger Crossway Town Secretary APPROVED AS TO FORM: By: L. Stanton Lowry Town Attorney C:\Documents and Settings\Don Wilson\My Documents%WL Interlocal Fire Inspection Svcs Southlake.doc