HomeMy WebLinkAboutRes 03-21 Authorizing a Fire Inspection Service Contract with the City of SouthlakeTOWN OF WESTLAKE
RESOLUTION 03-21
A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER
INTO AN INTERLOCAL FIRE INSPECTION SERVICES CONTRACT WITH
THE CITY OF SOUTHLAKE.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS:
SECTION 1: That the Board of Aldermen of the Town of Westlake, Texas, does
hereby authorize the Town Manager to enter into an Interlocal Fire Inspection Services
Contract with the City of Southlake as attached here as Exhibit A.
PASSED AND APPROVED ON THIS 24" DAY OF MARCH 2003.
ATTEST:
Ginger Crosswy, Town QRetary
APPROVED AS TO FO
L°
Scott Bradley, Mayor
Trent O. Petty, Town Manar
INTERLOCAL AGREEMENT
FOR FIRE INSPECTION SERVICES
THE STATE OF TEXAS X
COUNTIES OF TARRANT
And DENTON X
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 agrees to furnish 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, IN CONSIDERATION 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.
wA Southlakc\Agreernents\Fire Inspection Services.doc Page I
Section 2. Terre. This agreement shall be for an initial term of twelve (12) months
commencing on A Ort'l1, 2003, and ending �a� I d -00q _, 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 term 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. SOUTHLAKE.
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 to provide inspections.
ii. certified with the Texas Commission on Fire Protection as an Arson
Investigator to conduct investigations.
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.
C. All general and personal liability coverage for SOUTHLAKE personnel
providing said fire inspection services to WESTLAKE at the same level of
protection afforded SOUTHLAKE officers and employees performing the same
or similar duties in SOUTHLAKE, provided however, that neither party shall be
responsible for the other parties' 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 S. Cancellation.
Either party shall have the right to terminate this agreement, without cause, upon thirty
(30) days notice. Termination notice shall be tendered 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, or
until 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:
2
SOUTHLAKE
Billy Campbell, City Manager
City of Southlake
1400 Main St.
Southlake, Texas 76092
WESTLAKE
Trent Petty, Town Manager
Town of Westlake
3 Village Circle, Suite 207 Solana
Westlake, Texas 76262
Section 7. Venue. Venue for any legal dispute arising pursuant to this agreement shall lie
in Tarrant County, Texas.
Section 8 . 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. WESTLAKE may request
inspection services in accordance with the following provisions:
3. Requests for fire inspection services may be made by any WESTLAKE city
officer and shall be made at least twenty- four (24) hours in advance of a request
for inspection.
b. Inspection service requests shall be made to the SOUTHLAKE Fire Marshal,
or the SOUTHLAKE Fire Inspector in the Fire Marshal's absence.
c. WESTLAKE may request unlimited inspections. SOUTHLAKE may decline to
perform requested inspection services, upon twenty -four (24) hour notice, due to
staff shortages or conflicts in scheduling.
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 14k day of Ar r,' ( ,
2003, in duplicate originals.
TOWN OF WESTLAKE, TEXAS
By: Trent Petty'
Town Manager
ATTEST:
Aa a 4u-�-ex
By: Lori Far ell
City Secretary
APPROVED AS TO FORM:
A
By Bryn Meredith
City Attorney
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ATTEST:
By: Gin er Crossway
Town Secretary