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Home My WebLink AboutR-2226-10-03RESOLUTION NO. 2226-10-03(R) A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE ATTACHED INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF ALLEN AND THE FAIRVIEW VOLUNTEER FIRE DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes governmental entities to contact with each other to perform government fractions and services under the terms thereof; and, WHEREAS, Allen maintains and operates a fire training facility to provide classroom instruction and fire field training for firefighters (the "Allen Fire Training Facility"); and, WHEREAS, the Fairview Volunteer Fire Department desires to use the Allen Fire Training Facility from time -to -time to train its firefighters; and, WHEREAS, it is mutually advantageous for the Fairview Volunteer Fire Department and Allen to enter into this Agreement; and, WHEREAS, the Fairview Volunteer Fire Department shall pay any consideration required under this Agreement from current available revenue; and, WHEREAS, upon full review and consideration of the attached Agreement, and all matters attendant and related thereto, the City Council is of the opinion that the terms and conditions of the attached Agreement should be approved, and that the City Manager should be authorized to execute the attached Agreement on behalf of the City of Allen. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The terms and conditions of the attached Agreement having been reviewed by the City Council of the City of Allen, Texas, and are hereby in all things approved. SECTION 2. The City Manager is hereby authorized to execute the attached Agreement and all other documents in connection therewith on behalf of the City of Allen, Texas. SECITON 3. This Resolution shall become effective from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 14Te DAY OF OCTOBER, 2003. APPR O —V —E jD D: �6t —fes ' S phen Teffell, MAYOR ATTEST: Shelley B. Geo ,CITY TARY STATE OF TEXAS INTERLOCAL COOPERATION AGREEMENT COUNTY OF COLLIN This Interlocal Cooperation Agreement ("Agreement'l is made by and between the City of Allen, Texas ("Allen") and the Fairview Volunteer Fire Department ("Customer") acting by and through their duly authorized officers. RECITALS: WHEREAS, Allen maintains and operates a fire training facility to provide classroom instruction and fire field training for firefighters (the "Allen Fire Training Facility"); and WHEREAS, Customer desires to use the Allen Fire Training Facility from time -to -time to train its firefighters; and WHEREAS, the Interlocal Cooperation Act, Chapter 791, TEx. GOV'T CODE, authorizes units of local government to contract with one or more units of other local governments to perform governmental functions and services; and WHEREAS, its is mutually advantageous for the Customer and Allen to enter into this Agreement; and WHEREAS, Customer shall pay any consideration required under this Agreement from current available revenue; NOW THEREFORE, in consideration of the foregoing and on the terms and conditions hereinafter set forth, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: PURPOSE 1. The purpose of this Agreement is to permit Customer to use the Allen Fire Training Facility to provide any non -live fire training for its firefighters and employees ("Fire Training'). Iii T'.LSi 2. The term of this Agreement shall be for a period of one (1) year commencing on the last date all parties have executed this Agreement ("Effective Date") and shall automatically renew for successive terms of one (1) year each on the anniversary date of the Effective Date unless either party gives written notice to the other party to terminate at least thirty (30) days prior to the expiration of the then current term. 3. Either party may terminate this Agreement by giving the other party at least thirty (30) days prior written notice thereof. Any fees due and owing under this Agreement as of the INTERLOCAL COOPERATION AGREEMENT FOR CUSTOMER USE OF ALLEN FERE TRAINING FACILITY- Page 1 58269 date of termination shall be paid by Customer to Allen within thirty (30) calendar days after the effective date of the termination. SERVICES 4. Customer shall have the right during the term of this Agreement to use the Allen Fire Training Facility, subject to its availability, to conduct Fire Training for its firefighters and employees, with or without instruction, provided by Allen. Customer shall make requests for use of the Allen Fire Training Facility through the Allen Fire Chief, or designated representative. FEE FOR SERVICES 5. Customer agrees to pay Allen a fee for each day or portion of a day that Customer uses the Allen Fire Training Facility (the "Use Fee'). 6. In addition to the foregoing Use Fee, Customer agrees to pay Allen a fee in the event Allen personnel provide any training or instruction for Customer in connection with Customer's use of the Allen Fire Training Facility and for any Allen personnel necessary to supervise and/or monitor Customer's use of the Allen Fire Training Facility (the "Instruction Fee"). 7. The amount of the Use Fee and Instruction Fee shall be established on an annual basis by the Allen Fire Chief. Such fees shall be paid by Customer to Allen within thirty (30) days after each use of the Allen Fire Training Facility by Customer. CUSTOMER OBLIGATIONS 8. Customer shall, during it use of the Allen Fire Training Facility, comply with all Allen rules and regulations, written or otherwise including any personal direction from Allen personnel during any time Customer, its officers, agents and employees use the Allen Fire Training Facility. 9. Customer shall surrender possession of the Allen Fire Training Facility after each period of use in good condition, reasonable wear and tear excepted. Customer shall not make or permit to be made any alterations, additions, improvements or changes to the Allen Fire Training Facility without the prior written consent of the Allen Fire Chief Customer shall, at its own cost, repair, reconstruct or replace any damaged or destroyed portion of the Allen Fire Training Facility, its equipment or furnishings caused by any act or omission of Customer, its officers, employees, agents and invitees. INDEMNIFICATION 10. Allen shall not be liable for any loss, damage, or injury of any kind or character to any person or property arising from Customer's use of the Allen Fire Training Facility pursuant to this Agreement. The Customer hereby waives all claims against Allen, its officers, agents and employees (collectively referred to in this Section as "City's for damage to any property or INTERLOCAL COOPERATION AGREEMENT FOR CUSTOMER USE OF ALLEN FIRE TRAINING FACILITY- Page 2 58269 injury to, or death of, any person arising at any time and from any cause other than the sole negligence or willful misconduct of City. The Customer does hereby indemnify and save harmless the City from and against any and all liabilities, damages, claims, suits, costs (including court costs, attorneys' fees and costs of investigation) and actions of any kind by reason of injury to or death of any person or damage to or loss of property arising from the Customer's use of the Allen Fire Training Facility under this Agreement or by reason of any act or omission on the part of the Customer, its officers, agents, employees, representatives, and invitees (except when such liability, claims, suits, costs, injuries, deaths or damages arise from or are attributed to the sole negligence of the City). INSURANCE 11. Customer shall, during its use of the Allen Fire Training Facility, maintain in full force and effect a policy or policies of insurance for bodily injury, death and property damage insuring and naming Allen, its officers, employees and agents as additional insured's against all claims, demands or actions relating to the use of the Allen Fire Training Facility under this Agreement. Such policy or policies of insurance shall have a minimum combined single limit of not less than One Million ($1,000,000.00) Dollars per occurrence for injury to persons (including death), and for property damage. All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least "A" by AM Best or other equivalent rating service. A certificate of insurance evidencing the required insurance shall be submitted prior to any Customer use of the Allen Fire Training Facility. MISCELLANEOUS 12. This Agreement may not be assigned by any party hereto without the prior written consent of the other party. 13. This Agreement represents the entire agreement between the parties with respect of the subject matter covered herein and supercedes and replaces all other written or oral agreements and understandings. 14. In the event that any party shall be prevented from performing any of the obligations under this Agreement by any act of God, war, riot, civil commotion, strikes, fires, flood or by the occurrence of any event beyond the control of such party, then such party shall be excused from the performance of the obligations under this Agreement but only during such period. 15. The validity of this Agreement and any of its terms and provisions, as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas. Venue for any action concerning this Agreement shall be in Collin County, Texas. 16. This Agreement may be amended only by a mutual written agreement signed by both parties hereto. INTERLOCAL COOPERATION AGREEMENT FOR CUSTOMER USE OF ALLEN FIRE TRAINING FACILITY- Page 3 58269 17. Any notice herein required or permitted to be delivered shall be deemed received when sent in the United States Mail, postage prepaid, certified mail, return receipt requested, or by hand delivery or facsimile transmission at the address set forth below: Customer: City Manager/Mayor Town of Fairview 500 S. Highway 5 Fairview, Texas 75069 Allen: City Manager City of Allen 305 Century Parkway Allen, Texas 75013 18. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. EXECUTED this?)) )• day of O C#-plp� , 2003. CITY OF ALLEN TEXAS By; Peter H. Va as, ity Manager ATTEST: By: ShelleyB0. Geb4e, T-R'MM C., Ci�Secretary EXECUTED this 30 day of (t%2h2le '2003. "1 0 F� CUSTOMER: I ATTEST: Ln TOWN FF IRVIEW,TEXAS By: �r Slm Israeloff, M or INTERLOCAL COOPERATION AGREEMENT FOR CUSTOMER USE OF ALLEN FIRE TRAINING FACILITY- Page 4 58269