Resolution 2024-19 RESOLUTION NO. 2024-19(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 LAVON FOR EMERGENCY
MEDICAL SERVICES—MEDICAL TRANSPORT 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
Lavon and the City of Wylie, Texas for Emergency Medical Services—Medical Transport 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 13th
day of August, 2024.
Matthew Porter, Mayor
ATTEST TO:
/
Stephanie Storm, City Secretary
Resolution No. 2024-19(R) ILA for EMS Medical Transport Services(Lucas) Page 1 of 1
INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF WYLIE,TEXAS
AND THE CITY OF LAVON,TEXAS
(Emergency Medical Transport Services)
THIS AGREEMENT ("Agreement') is made and entered into this day of
, 20_, by and between the City of Wylie, Texas, a home-rule municipality
("Wylie"), and the City of Lavon,Texas, a home-rule municipality ("Lavon"). Wylie and Lavon are at
times each referred to herein as a"party"or collectively the"parties."
WHEREAS, Lavon is a home-rule municipality, duly organized and operating under the laws of
the State of Texas and its home rule charter, and engaged in the administration of local government and
related services for the benefit of the citizens of Lavon;and
WHEREAS, Wylie is a home-rule municipality, duly organized and operating under the laws of
the State of Texas and its home rule charter, and engaged in the provision of fire protection, emergency
medical services("EMS"),and other related services for the benefit of the citizens of Wylie;and
WHEREAS, Lavon has requested that Wylie provide EMS Medical Transport services to the
citizens of Lavon,and Wylie has agreed to provide such services Subject to 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 EMS Medical Transport services is a governmental function that
L serves the public health and welfare and is of mutual concern to the parties; and
WHEREAS, each party is capable of performing the services provided for in this Agreement,and
each party paying for the performance of governmental functions or services is making those payments
from current revenues available to the paying party. All payments are in an amount that fairly compensates
the performing party for the services or functions performed under this Agreement.
NOW,THEREFORE, Wylie and Lavon mutually agree to the following:
I Services Provided. Wylie will provide twenty-four (24) hour EMS Medical Transport
services, as more thoroughly described hereinafter (collectively, the "Services") within the municipal
boundaries of Lavon (excluding its ETJ) and special districts under contract with Lavon for fire and
emergency medical services,the area of which is generally depicted in Exhibit A which is attached hereto
and hereinafter made a part of this Agreement, and as may be amended by Lavon during the term of this
Agreement(the"Lavon Service Area"). The Services shall include but are not limited to:
a) Advanced Life Support Emergency Medical Services.
b) Ambulance Transport: The core service provided would be Advanced Life Support
Ambulance transport, including emergency and non-emergency transportation.
c) Emergency Medical Care: Emergency medical care by trained medical personnel,
including paramedics and emergency medical technicians(EMTs).
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d) Ambulance dispatch services: Coordinate emergency ambulance response through the
Wylie public safety communications center to ensure timely deployment of ambulances in
emergencies.
e) Emergency communications and Emergency Medical Dispatching Services (EMD) when
the caller is transferred to the Wylie Public Safety Communications Center
f) Medical Equipment and Supplies: Wylie wilt replenish expended supplies for an
emergency patient(s)at the Lavon Fire Department by providing and maintaining medical
equipment and supplies necessary for emergency medical care and transport ambulance
operations.
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g) EMS advisory, planning, and coordination with the Lavon Fire Department for special
events will be separate from this Agreement. Staffing and personnel from Wylie Fire
Rescue for special events will also be individual and are not subject to this Agreement.
h) Billing and Insurance Services: Wylie will handle billing and insurance claims related to
ambulance services and ensure that costs are appropriately covered and reimbursed.
i) Quality assurance and improvement include monitoring and evaluating ambulance services
to ensure quality care delivery and continuous improvement.
j) Compliance and Regulatory Support: This includes assistance with complying with local,
state,and federal regulations governing ambulance services and emergency medical care.
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2. Performance of Services. It is recognized that Wylie has the duty and responsibility of
rendering Services to citizens of both Wylie and Lavon. In the performance of the Services, Wylie shall
have the sole responsibility and discretion to determine the priorities for dispatching and using equipment
and personnel. Lavon understands that the availability of Wylie Fire Department Fire/EMS units will be
subject to the demands within Wylie, which will always take priority,as well as other existing interlocal
and mutual aid agreements. In the rare event that units from Wylie are unavailable or have an anticipated
delayed response time due to extreme or unusual circumstances, such as natural disasters, Wylie will
make its best efforts to contact an alternate or auxiliary service provider to serve Lavon. If Lavon
contracts with or receives ambulance services from an alternate or auxiliary service provider outside of
existing mutual aid agreements,Lavon shall be solely responsible for any costs or fees assessed by the
alternate or auxiliary service provider.
This Agreement shall not obligate Wylie to construct or keep any facilities,equipment,or personnel within
the Lavon Service Area, or to designate, reserve, or devote all or part of Wylie's facilities, equipment, or
personnel exclusively to or for the use of Lavon in carrying out this Agreement.
Lavon shall be solely responsible for providing Wylie with a current city map and updating it as necessary
to reflect new residents or the addition of new territory.This Agreement may be terminated or renegotiated
in accordance with the notice provisions of Section 7 if Lavon annexes additional territory into its corporate
limits.
3. Term. The term of this Agreement shall commence on October 1, 2024,and end on I
September 30, 2025(the "Primary Term")unless terminated earlier by this Agreement. Upon the
completion of the Primary Term,this Agreement shall automatically renew for four(4)successive 12-
month periods(the"Renewal Terms") unless terminated earlier by either party.
INTERLOCAL COOPERATION AGREEMENT FOR AmBULA\CE TRANSPORT SERVICES PAGE 2 OF 1 1
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4. Payment for Services. In consideration of Wylie providing the Services under this
Agreement, Lavon shall compensate Wylie in an amount to be assessed by using the following formula
(See Exhibit B attached hereto and hereinafter made a part of this Agreement for an example of this
formula):
a) Quarterly payments. Lavon shall make quarterly payments to Wylie. Lavon will process
payment for the amounts due to Wylie within thirty(30) calendar days of receipt of each
invoice sent by Wylie. Wylie shall be compensated pro rata for all services performed up
to and including the termination date of this Agreement.
b) In January, Wylie will tabulate the total number of ambulance calls for service for the
previous year for the entire contracted service area. The total ambulance call volume
tabulated will exclude mutual aid calls for assistance.
c) Wylie will deter-mine the percentage of calls for each agency within the EMS system's
contracted service areas, including the City of Wylie, Collin County, the City of Parker,
the City of Lavon, and the Town of Saint Paul.
d) Wylie will determine the total cost of EMS program expenditures for the previous fiscal
year. This includes all expenses of EMS personnel,equipment,and supplies.
e) Wylie will determine the total Patient (as hereinafter defined) revenue collected from
ambulance calls for the previous fiscal year and provide a revenue projection for year one.
Budget estimates for the next fiscal year will be provided to Lavon by April 1st of each
year.
g) Wylie will calculate the fee to he assessed on each jurisdiction within the total contracted
service area by using the following formula:
L Wylie Total Fiscal EMS Budget (minus)Total Patient Billing Revenues = Total
Balance
ii. Lavon calls for Service with Scene arrival to determine the percentage of calls that
occurred in Lavon divided by total contracted service area ambulance responses.
iii. Total Balance(times)the percentage of calls in Lavon to determine the base cost
to Lavon
iv. Base Cost to Lavon(times)ten percent(10%)= Wylie Administrative fee
5. Patient Charge
s. Nothing in this Agreement shall prohibit or limit Wylie from separately
billing and collecting charges and expenses from persons to whom Services are provided tinder this
Agreement("Patients"). Wylie shall have sole discretion over the amount of any such charges or expenses
imposed on Patients. Lavon shall have no authority over or responsibility for any Patient billing or
collection activities for Services provided by Wylie under this Agreement. The Patient charges and
expenses billed and/or collected by Wylie shall be in addition to, and shall not affect, Lavon's obligation
to pay Wylie the amounts due under this Agreement.
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6. Failure to Pay. If Lavon fails to pay any undisputed amounts due to Wylie under this
Agreement fully in accordance with Section 4, such failure shall constitute a default ("Default"). In the
event of a Default, and in its sole discretion, Wylie is entitled to terminate this Agreement by providing
Lavon written notice of its intent to terminate. In addition, Wylie may seek all other remedies available to
it under the law.
7. Termination. Either party may terminate this Agreement by providing the other party
written notice of termination at least ninety (90)days before the anticipated date of termination; or upon
mutual agreement or termination of the Agreement, executed in writing by both parties, without the
requisite ninety(90)days prior written notice. In the event of termination,Wylie shall be compensated pro
rata for all undisputed amounts for 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,
Lavon shall be reimbursed on a pro-rata 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.
8. Governmental 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.
9. Indemnity. Pursuant to Section 791.006(a) of the Texas Government Code, as amended,
each party shall be solely responsible for any civil liability arising from furnishing or obtaining the Services
contemplated herein as fully and to the same extent as that party would have been responsible in the absence
of this Agreement. The parties understand and agree that if Wylie does not furnish personnel,equipment,
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or services to Lavon after being notified of the need for such Services, Wylie shall not be liable to Lavon
in damages or otherwise for the failure to furnish the same provided that Wylie used its best efforts to
contact an alternate or auxiliary service provider to provide Services to Lavon.
Lavon agrees that the acts or omissions of any person dispatched by Wylie according to this Agreement,
traveling to or from said calls, or in any manner furnishing Services to Lavon outside the city limits of
Wylie, shall be considered to be the acts and agents of Lavon in all respects, notwithstanding that such
person may be a regular employee or independent contractor of Wylie.
TO THE EXTENT ALLOWED BY LAW, LAVON SHALL DEFEND,RELEASE,INDEMNIFY AND
HOLD HARMLESS WYLIE, ITS OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES AND/OR
ENIPLOYEES 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 THE
PERFORMANCE OF THIS AGREEMENT,INCLUDING, BUT NOT LIMITED TO,THE INTENTIONAL OR
NEGLIGENT' ACTS AND/OR OMISSIONS OF LAVON, ITS OFFICERS, AGENTS, SERVANTS,
REPRESENTATIVES AND/OR EMPLOYEES, AND REGARDLESS OF THE JOINT OR CONCURRENT
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NEGLIGENCE OF WYLIE, ITS OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES AND/OR
EMPLOYEES. THIS PARAGRAPH SHALL.SURVIVE THE TERMINATION OF THIS AGREEMENT.
10. Independent Contractor. Except as otherwise expressly provided herein, Lavon and Wylie
agree and acknowledge that each entity is not an agent of the other and is responsible for its acts,
forbearance, negligence, and deeds and those of its agents or employees in conjunction with the
performance of work covered under this Agreement.
IL 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. This
Agreement is performable in Collin County, Texas. Both parties agree that the venue shall be in Collin
County,Texas.
12. Entire Agreement.This Agreement represents the entire and integrated agreement between
Lavon and Wylie and supersedes all prior negotiations, representations, and/or written or oral agreements.
It may be amended only by a written instrument duly executed by both parties.
13. Severability. The provisions of this Agreement are severable. In the event that any
paragraph,section,subdivision, sentence,clause, or phrase of this Agreement shalt 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 an event,either
party may terminate this Agreement by giving the other party fifteen (15) days' written notice of its intent
to terminate.
14. Assignment. This Agreement is not assignable.
15. Legal Construction. This is a negotiated agreement; should any part of this Agreement be
in dispute; the parties stipulate that the Agreement shall not be construed more favorably for either party.
16. Notice. Any notice provided or permitted to be given under this Agreement must be in
writing and may be served by depositing the same in the United States Mail, addressed to the party to be
notified, postage prepaid and registered or certified with return receipt requested; electronic mail, with
documentation evidencing the addressee's receipt thereof; or by delivering the same in person to such party
via a hand-delivery service,or any courier service that provides a return receipt showing the date of actual
delivery of identical to the addressee thereof. Notice given in accordance herewith shall be effective upon
receipt at the addressee's address. For purposes of notification, the addresses of the parties shall be as
follows:
If to Wylie,address to it at:
City of Wylie,Texas
Attention: Brent Parker
300 Country Club Road, Suite 100
Wylie,Texas 75098
INTERLOCAL COOPERATION AGREEMENT FOR ANIBULA_NCE TR_-k\SPORT SFR%'ICES PAGE 5 OF 11
4380406
Telephone: (972)516-6100
Facsimile:
Email: brent.parker`'a wylietexas.gov
With a copy to:
Abernathy, Roeder,Boyd& Hullett, P.C.
Attention. Ryan D. Pittman j
1700 Redbud Blvd., Suite 300
McKinney, Texas 75069
Telephone:(214)544-4000
Facsimile:(214)544-4040
Email: rpittman@abernathy-law.com {
If to Lavon, addressed to it at:
City of Lavon,Texas ±
Attention: Kim Dobbs,City Manager j
P.O. Box 340
120 School Rd.
Lavon,Texas 75166
Telephone: (972)843-4220
Email:kdobbs@lavontx.gov
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With Copy to:
Messer Fort,PLLC
6371 Preston Road, Suite 200
Frisco,Texas 75034
Telephone: (972)668-6400
Email:julie@txmunicipallaw.com
17. Authority to Execute. The undersigned officers and/or agents of the parties hereto are the
properly authorized officials of the party represented and have the necessary authority to execute this
Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary
resolutions extending said authority have been duly passed and approved and are now in full force and
effect.
18. Waiver. A waiver by either party of any breach of this Agreement, or the failure of either
party to enforce any of the provisions of this Agreement at any time, shall not in any way affect, limit, or
waive such party's right thereafter to enforce and compel strict compliance.
19. 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.
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20. Cooperative Purchasing.This Agreement will allow for a cooperative purchasing program
between the parties, allowing each party to purchase goods and services under each other's competitively
bid contracts under Subchapter F, Chapter 271 of the TEX. LOC. GOVT CODE, The City Manager or
designee for each party is authorized to act on behalf of the respective party in all matters relating to this
cooperative purchasing program. Each party shall make payments directly to the vendor under the contract
made under Subchapter F,Chapter 271 of the TEX. LOC. GOWT CODE. Each party shall be responsible
for the respective vendor's compliance with provisions relating to the quality of items and terms of delivery.
Either party may terminate this portion of the agreement by providing the other party thirty(30)days prior
written notice.
21. 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.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their
respective undersigned,duly authorized representatives.
CITY OF WYLIE,TEXAS,
a Home-Rule Municipality
By:
Name Brent Parker
Title: —City Manager
Date:
CITY OF LAVON,TEXAS,
a Home-Rule Municipality
By:
Name Kim Dobbs
Title: City Manager
Date: og3—00-A22
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EXHIBIT A
MUNICIPAL BOUNDARIES OF THE CITY OF LAVON
AND SERVICE AGREEMENT AREAS
City of Lavon
Boundaries Map
March 2024
N
A
0 1,500 3.000
Feet �
Legend
p CrFY LIMITS r
O Eri r4 .
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a
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EXHIBIT A
MUNICIPAL BOUNDARIES OF THE CITY OF LAVON
AND SERVICE AGREEMENT AREAS
ELEVON MUNICIPAL UTILITY DISTRICT NO. I-A
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EXHIBIT A
MUNICIPAL BOUNDARIES OF THE CITY OF LAVON
AND SERVICE AGREEMENT AREAS
COLLIN COUNTY MUNICIPAL UTILITY DISTRICT NO. 5
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EXHIBIT B
COMPENSATION METHODOLOGY
FY2024-2025 WORKSHEET
CITY OF LAVON
Total WFR Annual EMS Budget $2,781,738.88
Total Projected Revenues $1,250,000.00
Balance (Expenditures minus Projected Revenue) $1,531,738.88
Total Wylie EMS System Scene Arrivals (2023) 4,796
Total Calls (Arrived on Scene) in Lavon Jurisdiction (excluding ET,I) 430
Percent of Total Ambulance Scene Arrivals 8.97%
Total Cost(%of Calls x Balance) $137,396.98
10% City of Wylie Administrative Fee 10.00%
Total Cost to Lavon (Amount Due FY24-25) $151,136.68
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