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Res 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 � q O hyo � °®•g.tl 90 •d�� +!/I A a •a e ♦�s',I ht * -tK esti+�a (''0+8110111y4�5 ATTEST: By: Gin er Crossway Town Secretary