Resolution 2023-20 RESOLUTION NO. 2023-20(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE,
TEXAS, TO EXECUTE AN INTERLOCAL AGREEMENT BY AND BETWEEN
THE CITY OF WYLIE AND THE CITY OF LUCAS FOR THE PERFORMANCE
OF GOVERNMENTAL FUNCTIONS AND SERVICES; SPECIFICALLY,
EMERGENCY DISPATCH SERVICES ASSOCIATED WITH FIRE, RESCUE,
AND EMERGENCY MEDICAL SERVICES FIRST RESPONDER GENERAL
FIRE SERVICES.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS:
SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on
behalf of the City Council of the City of Wylie,Texas,an Interlocal Agreement by and between the City of
Lucas and the City of Wylie, Texas for the performance of governmental functions and services,
specifically, emergency dispatch services associated with fire rescue, and emergency medical services first
responder general fire services.
SECTION 2: This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 26th
day of September, 2023.
M tthew Porter, Mayor
ATTEST TO: r
,<
Stephanie Storm, City Secretary
S de?.,av
Resolution No.2023-20(R) ILA for Communications Center&Dispatch Center(Lucas) Page I of I
INTERLOCAL AGREEMENT FOR
COMMUNICATIONS CENTER AND DISPATCH SERVICES
This Interlocal Agreement for Communications Center and Dispatch Services
("Agreement") is entered into by and between the City of Wylie, Texas, a home-rule
municipality ("Wylie") and the City of Lucas, Texas, a home-rule municipality ("Lucas").
Wylie and Lucas are at times each referred to herein as a "party"or collectively as the "parties."
WHEREAS, Wylie has established a comprehensive regional public safety and public
service communications and dispatch center ("Communications Center"); and
WHEREAS, Wylie's Communications Center is equipped with radio, telephone and data
equipment and is designated as a 911 emergency communications Public Safety Answering Point
("PSAP"); and
WHEREAS, Wylie currently has equipment and operator capacity above and beyond the
immediate needs of Wylie and has offered to make such equipment and operators available to
address the regional communications/dispatch needs for the purpose of local government/agency
communications; and
WHEREAS, Wylie has determined that it is in the best interests of the public to share its
communication facility,equipment and personnel capabilities with cities,towns,fire departments,
emergency medical care providers and other governmental entities in order to facilitate more
effective and efficient use of the Communications Center; and
WHEREAS, Lucas has requested that Wylie provide communications and dispatch
services to Lucas, and Wylie has agreed to provide such services under the terms and conditions
of this Agreement and pursuant to the provisions of Chapter 791 of the Texas Government Code
(otherwise known as the Interlocal Cooperation Act) and specifically Section 791.006(a) of the
Texas Government Code, as amended; and
WHEREAS, the provision of communications and dispatch services is a governmental
function that serves the public health and welfare and is of mutual concern to the parties; and
WHEREAS, Wylie and Lucas deem it to be in the best interest of both parties to enter into
this Agreement; and
WHEREAS, each party paying for the performance of governmental functions or services
is making those payments from current revenues available to the paying party and all payments
are in an amount that fairly compensates the performing party for the services or functions
performed under this Agreement.
NOW,THEREFORE,in consideration of the mutual covenants contained herein, Wylie
and Lucas hereby agree as follows:
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1. Performance of Services.
a. Wylie shall provide to Lucas, on a non-exclusive basis, communication and
dispatch services through its Communications Center for the following
emergencies: fire, medical, weather, hazardous materials and other general civil
emergencies (collectively, "Services"). In order to facilitate the Services, Lucas
shall provide to Wylie's communications personnel, on a continuing basis, all
necessary street, apparatus and response information, as well' as all necessary
dispatching information unique to Lucas's operations.
b. Without waiving any governmental immunity to which it is entitled, Wylie
agrees to and accepts full responsibility for the acts, negligence and/or omissions
of all Wylie employees and agents in connection with the performance of the
Services.
C. Without waiving any governmental immunity to which it is entitled, Lucas agrees
to and accepts full responsibility for the acts, negligence and/or omissions of all
Lucas employees and agents. It is also the responsibility of Lucas to ensure
that its use of the Communications Center conforms to all Federal
Communications Commission rules and regulations.
d. On an ongoing basis, Wylie and Lucas agree to provide complete and adequate
training to personnel selected by Lucas and/or Wylie in the use of the
Communications Center.
e. It is specifically agreed and understood by the parties hereto that this
Agreement is permissive only and no property rights are granted hereunder.
f. In the event Lucas or Wylie should fail to fulfill any of its obligations hereunder
or shall violate any municipal, county, state or federal law, the other party
shall have the option of terminating this Agreement by giving written notice of
such violation and intent to terminate thirty (30) days in advance of the effective
date of the termination.
g. Correspondence,comments,requests, and complaints regarding Services rendered
under this Agreement shall be reduced to writing and forwarded to the persons
designated below. Failure to properly forward comments, requests, demands, and
complaints may be considered as sufficient cause to terminate this Agreement
under Section 1(f)above.
h. The Services shall not arbitrarily be withheld, but it is understood by the parties
that unforeseen circumstances may arise which prevent Wylie from providing
Services at a particular time. It is recognized that Wylie has the duty and
responsibility of rendering Services to citizens of both Wylie and Lucas. In the
performance of the Services, Wylie shall have the sole responsibility and
discretion to determine priorities in the dispatching and use of equipment and
personnel. In the event that Wylie determines that it cannot provide continuous
and uninterrupted Services to Lucas during the Primary Term of this Agreement
(and any Renewal Term),Wylie shall use its best efforts to promptly notify Lucas
of the interruption in provision of the Services and the estimated time until
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Services will be resumed.
2. Term.
The term of this Agreement shall commence on October 1, 2023 and shall terminate one
(1) year thereafter ("Primary Term"), unless terminated earlier in accordance with this
Agreement.Upon the completion of the Primary Term,this Agreement shall automatically
renew for ten (10) successive one(1) year periods ("Renewal Terms"), unless terminated
earlier by either party in accordance with this Agreement.
3. Termination.
This Agreement may be terminated on the occurrence of either of the following:
a. Either party may terminate the Agreement by providing the other party written notice
of termination at least ninety (90) days prior to the anticipated date of termination;
or
b. Mutual agreement of termination of the Agreement, executed in writing by both
parties, without the requisite ninety (90) days prior written notice.
c. For cause,according to Section 1(f), herein.
In the event of a termination (except for cause under 1(f)and 3(c), herein), Wylie shall be
compensated on a pro-rata basis for all Services performed to the termination date. In the
event of termination, should Wylie be over-compensated on a pro-rata basis for all
Services performed to the termination date, Lucas shall be reimbursed on a pro-rats basis
for all such over-compensation. Receipt of payment and/or reimbursement shall not
constitute a waiver of any claim that may otherwise arise out of this Agreement. At
the sole discretion of Wylie,this Agreement may be terminated or renegotiated in the event
Lucas annexes additional territory into its corporate limits and/or increases the area that
Lucas serves. Immediately upon the completion of any annexation proceedings, Lucas
shall notify Wylie of the annexation, in writing, and provide Wylie with a legal
description of the annexed area.
4. Comnen.__ sation.
Lucas, out of current revenues available to it, shall pay to Wylie the amount of ninety-two
thousand one hundred ten and 52/100 dollars ($92,110.52) as compensation for Wylie's
provision of the Services during the Primary Term and each Renewal Term of this
Agreement, except as otherwise provided in this Section. Such amount is based upon the
costs incurred by Wylie in order to fulfill Wylie's obligations under this Agreement
("Compensation Amount"). Lucas shall pay the Compensation Amount to Wylie net 30
days of date on the invoice during the Primary Term and each Renewal Term of this
Agreement.
For any Renewal Term, the Compensation Amount shall be adjusted to an amount
equal to the sum of Wylie's annual costs to cover: (i) the base pay rate for an entry-level
dispatcher increased by any costs of living and/or average merit pay increases that are
budgeted for the upcoming fiscal year; (ii) such dispatcher's expected overtime pay;
and (iii) employee benefits normally provided to such a dispatcher position by Wylie that
are separate and apart from pay rate and overtime pay. During each Renewal Term,
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Lucas shall pay to Wylie an annual fee, in addition to the Compensation Amount, for
administrative services in the amount of ten percent(10%)of the Compensation Amount.
The formula for determining the Compensation Amount shall be reviewed by Wylie and
Lucas during each Renewal Term of this Agreement for possible adjustments, but Wylie
shall have the final determination as to the Compensation Amount for each successive
term of this Agreement.
So that Wylie and all entities or agencies participating in the Communications Center may
have projected cost estimates in advance of the normal municipal budgeting cycle, Wylie
shall evaluate and determine the estimated cost for participation for the next fiscal
year with this estimate to include the annual service fees and rate increases, based on this
annual review, to be determined by Wylie prior to April 1 st of each year and shall be
effective for Services received after October lst, the beginning of a new fiscal year
for Wylie of each year. Wylie shall notify Lucas of any rate increases for Services
performed or in the annual service fee by certified mail, mailed to the person designated
in this Agreement to receive such notices,on or before April 1 st of each year. To the extent
that the total amount of any such increases communicated by Wylie, including both the
Compensation Amount and the ten percent (10%) fee for administrative services, would
be in excess of fifteen percent (15%) of the full amount of Lucas's payment due for the
then-current term, Lucas may, at its discretion, elect to terminate this Agreement by
providing Wylie written notice of termination at least ninety (90) days before the start
of the successive Renewal Term. In such an event, this Agreement shall be deemed to
terminate immediately before said Renewal Term would have commenced and the parties
shall have no further obligations under this Agreement.
The Compensation Amount due for any term of this Agreement shall be prorated in the
event a party elects to terminate this Agreement in accordance with the terms of this
Agreement prior to the expiration of the then-current term.
Notwithstanding anything to the contrary in this Agreement and in addition to the
Compensation Amount and any other fees required under this Agreement, Lucas shall
pay all expenses for operation and maintenance of any equipment of facilities installed
and operated at the Communications Center for the use of Lucas. Radio equipment
transmitting on frequencies used by Lucas or its service area is an example of the
types of equipment or facilities that fall into this category for determination of costs.
5. Miscellaneous Provisions.
a. Consideration.
This Agreement contains the entire agreement of the parties with respect to the
matters contained herein and may not be modified or terminated except upon the
provisions hereof or by the mutual written agreement of the parties hereto.
b. Indemnity.
To the extent permitted by law and without waiving any governmental immunity
to which Lucas is entitled, Lucas shall defend, release, indemnify and hold
harmless Wylie, its officers, agents, servants, representatives and/or employees of
and from any and all claims, suits, actions, legal proceedings, demands, damages
or judgments, including all expenses, attorney fees, witness fees, costs, and costs
and expenses of appeals therefrom, arising out of Lucas's performance of this
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agreement, including, but not limited to, the intentional or negligent acts and/or
omissions of Lucas,its officers,agents,servants,representatives and/or employees,
and regardless of the joint or concurrent negligence of Wylie, its officers, agents,
servants, representatives and/or employees, this paragraph shall survive
termination of this agreement.
C. Notice.
Any notice provided or permitted to be given under this Agreement must be in
writing and may be served by depositing same in the United States mail, addressed
to the party to be notified, postage pre-paid and registered or certified with return
receipt requested, or be delivered the same in person to such party via a hand-
delivery service, Federal Express or any courier service that provides a return
receipt showing the date of actual delivery of same to the addressee thereof.Notice
given in accordance herewith shall be effective upon receipt at the address of the
addressee. For purposes of notification, the addresses of the parties shall be as
follows:
If to Lucas, to: City of Lucas
Attn: Joni Clarke, City Manager
665 Country Club Road
Lucas, Texas 75002
If to Wylie, to: City of Wylie
Attn: Brandon Blythe, Fire Chief
2000 N. Hwy. 78
Wylie, Texas 75098
d. Entire Aweement.
This Agreement represents the entire and integrated agreement between the parties
hereto and supersedes all prior negotiations, representations and/or agreements,
either written or oral. This Agreement may be amended only by a written
instrument signed by both parties.
e. Venue and Governing Law.
This Agreement and any of its terms or provisions, as well as the rights and duties
of the parties hereto, shall be governed by the laws of the State of Texas, and both
parties agree that venue shall be in Collin County,Texas.
£ Binding Effect.
This Agreement shall be binding on and inure to the benefit of the Parties and their
respective heirs, executors, administrators, legal representatives, successors, and
assigns when permitted by this Agreement.
g. Authority to Execute.
The individuals executing this Agreement on behalf of the respective parties below
represent to each other and to others that all appropriate and necessary action has
been taken to authorize the individual who is executing this Agreement to do so for
and on behalf of the party for which his or her signature appears, that there are no
other parties or entities required to execute this Agreement in order for the same to
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be an authorized and binding agreement on the party for whom the individual is
signing this Agreement and that each individual affixing his or her signature hereto
is authorized to do so, and such authorization is valid and effective on the date
hereof
h. Severability.
The provisions of this Agreement are severable. In the event that any paragraph,
section, subdivision, sentence, clause or phrase of this Agreement shall be found to
be contrary to the law, or contrary to any rule or regulation having the force and
effect of the law, such decisions shall not affect the remaining portions of this
Agreement. However, upon the occurrence of such event, either party may
terminate this Agreement by giving the other party fifteen (15) days written notice
of its intent to terminate.
i. Amendments.
Wylie and Lucas may amend this Agreement only by an instrument in writing
signed by both parties.
j. Multiple Counterparts.
This Agreement may be executed in a number of identical counterparts, each of
which shall be deemed an original for all purposes. An electronic mail and/or
facsimile signature will also be deemed to constitute an original if properly
executed and delivered to the other party.
k. Assignment.
This Agreement is not assignable.
1. Immunity.
It is expressly understood and agreed that, in the execution and performance
of this Agreement, the parties have not waived,nor shall be deemed hereby to have
waived, any immunity, governmental, sovereign and/or official, or defense that
would otherwise be available to them against claims arising in the exercise of
governmental powers and functions. By entering into this Agreement, the parties
do not create any obligations, express or implied,other than those set forth herein.
M. Representations.
Each signatory represents that this Agreement has been read by the party for which
this Agreement is executed, and that each party has had an opportunity to confer
with counsel, on the matters contained herein.
n. Draftin y Provisions.
This Agreement shall be deemed to have been drafted equally by all parties hereto.
The language of all parts of this Agreement shall be constructed as a whole
according to its fair and common meaning, and any presumption or principle that
the language herein is to be construed against any party shall not apply. Headings
in this Agreement are for the convenience of the parties and are not intended to be
used in construing this Agreement.
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o. Independent Contractor.
Except as otherwise expressly provided herein, Lucas and Wylie agree and
acknowledge that each entity is not an agent of the other entity and that each entity
is responsible for its own acts, forbearance, negligence and deeds, and for
those of its agents or employees in conjunction with the performance of work
covered under this Agreement.
p. No Third-Party Beneficiaries.
Nothing in this Agreement shall be construed to create any right in any third
party not a signatory to this Agreement, and the parties do not intend to create
any third- party beneficiaries by entering into this Agreement.
q. Records.
By entering into this Agreement, neither party is provided with any contractual
right of access to any records or information created, received, or maintained
by the other party unless expressly stated herein. Each party is independently
responsible for compliance with- any requests received pursuant to the Texas
Public Information Act, and any third-party seeking information generated or
maintained by a party to this Agreement should submit requests for such
information directly to that party.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement
to be effective when all the parties have signed it. The date this Agreement is signed by the
last party to sign it (as indicated by the date associated with that party's signature below) will
be deemed the effective date of this Agreement ("Effective Date"),
C ' O ZLUCAS.TEXAS CITY OF WYLIE,TEXAS
_,1114vu-',
Joni Cla e, City
anager Brent Parker, City Manager
Date. Q I lJ` Date:
ATTEST: ATTEST:
n
Toshia Kimball, City Secretary Stephanie Storm, City Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
4 7 4 0-r-IJ
Joe Gorda Jr. Abernathy Roeder Boyd&Hullett,P.C.
City Attorney Ryan D. Pittman, City Attorneys
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