R-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