Resolution 2024-23 RESOLUTION NO. 2024-23(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 TOWN OF ST. PAUL 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 Town
of St. Paul, 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 27th
day of August, 2024.
atthew Porter, Mayor
ATTEST TO:
it
64�
Stephanienie Storm,
City Secretary
Resolution No. 2024-23(R) ILA for EMS Medical Transport Services(St Paul) Page 1 of 1
INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF WYLIE,TEXAS
AND THE TOWN OF SAINT PAUL.,TEXAS
(Emergency Medical Transport Services)
THIS AGREEMENT ("A n is made and entered into this tat:'- day of
st , 20 a`i, by and between the City of Wylie, Texas, a home-rule municipality
("Wile"), and the Town of Saint Paul, Texas, a Type A General Law municipal corporation ("Saint
Paul"). Wylie and Saint Paul are at times each referred to herein as a"party"or collectively the"parties."
WHEREAS, Saint Paul is a Type A General Law municipal corporation, duly organized and
operating under the laws of the State of Texas,and engaged in the won of local government and
related services for the benefit of the citizens of Saint Paul;and
WHEREAS,Wylie is a home-rule municipality,duly organized and operating under the laws of
the State of Texas,and engaged in the provision of fire protection,emergency medical services
and other related services for the benefit of the citizens of Wylie;and
WHEREAS,Saint Paul has requested that Wylie provide EMS Medical Transport services to the
citizens of Saint Paul,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 Transport services is a governmental function that 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 Saint Paul mutually agree to the following-
1. Services Provided. Wylie will provide twenty-four (24) hour EMS transport services
within the municipal boundaries of Saint Paul,the area of which is generally depicted in Exhibit which
is attached hereto and hereinafter made a part of this Agreement(collectively,the"Sew:c s"). Services
shall include but are not limited to providing Advanced Life Support Emergency Medical Services to
persons and property looted within the municipal boundaries of Saint Paul and special districts under
contract with Saint Paul for fire and emergency medical services.The Services shall include but are not
limited to:
a) Ambulance Transport: The core service provided would be Advanced Life Support
Ambulance transport,including emergency and non- me gency transportation.
b) Emergency Medical Care: Emergency medical care by trained medical personnel,
including paramedics and emergency medical technicians(EMTs).
c) Ambulance dispatch services: Coordinate emergency ambulance response through the
Wylie public safety c a mu center to ensure timely deployment of ambulances in
emergencies.
d) Emergency oo®municua m and Emergency Medical Dispatching Services(EMD)when
the caller is transferred to the Wylie Public Safety Commtmications Center
e) EMS advisory, planning, and cocfd'mation with Saint Paul 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:
f) Billing and homince Services:Wylie will handle billing and insurance claims related to
ambulance services and ensure that costs are appropriately covered and reimbursed.
g) Quality assurance and improvement include monitoring and evaluating ambulance services
to ensure quality care delivery and continuous improvement.
h) Compliance and Regulatory Support:This includes assistance with complying with local,
state,and federal regulations governing ambulance services and emergency medical care.
2. Performance of Services. Services shall not be arbitrarily withheld, but the parties
understand that unforeseen circumstances may prevent Wylie from providing Services at a particular time.
It is recognized that Wylie has the duty and responsibiity of rendering Services to citizens of both Wylie
and Saint Paul. In the performano a of the Services,Wylie shall have the sole responsibility and discretion
to determine the priorities for dispatching and using equipment and personnel. Saint Paul understands that
the availability of Wylie Fire Deputment Fire/EMS units will be subject to the demands within Wylie,
which will,in all cases,take priority,as well as other existing interlocal and mutual aid agreements. When
units from Wylie are unavailable or have an anticipated delayed response time, Wylie will use its best
efforts to correct an alternate or auxiliary service provider to provide services to Saint Paul. In such an
event, Saint Paul shall be solely responsible for paying any costs or fees assessed by any alternate or
auxiliary service provider.
This Agreement shall not obligate Wylie to construct or keep any facilities,equipment,or personnel within
the contracted 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 Saint Paul in c=T*g out this Agreement.
Saint Paul shall be solely responsible for providing Wylie with a current town map and updating it as
necessary to reflect new residents or the addition of new territory.This Agreement may be terminated or
renegotiated at Wylie's discretion if Saint Paul annexes additional territory into its corporate limits.
3. IMI. The term of this Agreement shall commence on October 1, 2024, and end on
September 30, 2025 (the "Edmanr 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 by this Agreement.
4. Payment for Services.
In consideration of Wylie providing the Services under this Agreement, Saint Paul 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)
INTERLOCAL COOPERATION AGREEMENT FOR ANMULANCS TRANSPORT SERVICES PAcm 2 OF 9
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a) Quarterly payments. Saint Paul shall make quarterly payments to Wylie. Saint Paul 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 rate for all services
performed up to and including the termination date.
b) In January, Wylie will tabulate the total number of anihilsnce calls for service for the
previous year for the entire contracted service area. The total ambulance call volume
tabulated will exchhde mutual aid calls for assistance.
c) Wylie will determine 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 L,avon,and the Town of Saint Paul.
d) Wylie will determine the total cost of EMS program expenditim for the previous fiscal
year. This includes all expenses of EMS personnel,equipment,and supplies.
e) Wylie will determine the total patient revenue collected fram ambulance calls for the
previous fiscal year and provide a revenue projection for year one.
f) Budget estimates for the next fiscal year will be provided to Saint Paul by April 1 st of each
year-
g) Wylie will calculate the fee to be assessed an each jurisdiction within the total contracted
service area by using the following formula:(See Exhibit B.attached hereto and hereinafter
made a part of this Agreement)
i. Wylie Total Fiscal EMS Budget(minus)Total Patient Billing Revenues=Total
Balance
I Saint Paul calls for Service to dine the percental ofcalls that occurred in Saint
Paul divided by total contracted service area ambulance responses.(For example,
if there are 10 total Saint Paul calls and 200 total Wylie calls,the calculation should
be 10/Z00=0.05 or 50A).
iii. Total Balance(times)the percentage of calls in Saint Paul to determine the base
cost to Saint Paul
iv. Base Cost to Levan(times)ten percent(100A)Wylie Administrative fee
5. Patient CbarM Nothing in this Agreement shall prohibit or limit Wylie from separately
billing and collecting charges and expenses fiom persons to whom Services are provided under this
Agreement("PaUM ' . Wylie shall have sole discretion over the amount of any such charges or expenses
imposed on Patients. Saint Paul 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,Saint Paul's obligation
to pay Wylie the amounts due under this Agreement.
INTBRIACM.COOPERATION AAWARbIcIff FOR At IBVI.ANCS TRANSPORT Stt;eMES PAGE 3 OF 9
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6. Fail=to Pax. If Saint Paul fails to pay any amounts due to Wylie under this Agreement
hilly,such failure shall constitute a default In the event of a Default,and in its sole discretion,
Wylie is entitled to terminate this Agreement by providing Saint Paul written notice of its intent to
terminate. In addition,Wylie may seek all other remedies available to it under the law.
7. Either party may ternounaw 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 nicety(90)days prior written notice. In the event of termination,Wylie shall be compensated pro
rite for all Services performed to the termination date. In the event of termination,should Wylie be over-
compensated on a pm-rota basis for all Services performed to the termination date, Saint Paul shall be
reimbursed on a pro-rats basis for all such overcompensation. Receipt of payment and/or reimbursement
shall not constitute a waiver of any claim that may otherwise arise out of this Agreement.
B. Cimmmmental 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 m the exercise of governmental powers and fimdiens. By entering into this
Agreement,the parties do not create any obligations,express or implied,other than those set forth herein.
9. 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 famishing or obtaining the Services
contemplated herein as fully and to the same extent as that party would have been responsible for in the
absence of this AgreemerrL The parties understand and agree that if Wylie does not furnish personnel,
equipment,or services to Saint Paul after being notified of the need for such Services,Wylie shall not be
liable to Saint Paul in damages or otherwise for the failure to firrnish the same provided that Wylie used its
best efforts to contact an alternate or awdliary service provider to provide Services to Saint Paul.
Saint Paul agrees that the acts or omissions ofany person dispatched by Wylie according to this Agreement,
traveling to or firm said calls,or in any manner furnishing Services to Saint Paul outside the city limits of
Wylie,shall be considered to be the acts and agents of Saint Paul in all respects,notwithstanding that such
person may be a regular employee or independent contractor of Wylie.
To THS EXTENT ALLOWED BY LAW,SA NT PAUL SHALL DEFEND,Qa■,.rLKASE,INDEMNIFY
AND HOLD HARMLESS WYLIE, ITS OFFICERS,AmfM 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 THE
PERFORMANCE OF THIS AGREEMENT,INCLUDING,BUT NOT LIMITED TO,THE INTENTIONAL OR
NEGLIGENT ACTS AND/OR OMISSIONS OF SAINT PAUL., ITS OFFICERS, AGENTS, SERVANTS,
REPRESENTATIVES AND/OR EMPLOYEES, AND REGARDLESS OF THE JOINT OR CONCURRENT
INTERLOCAL COOPERATION AGREEMENT FOR AMBULANCE.TRANSPORT SERVICES PAGE 4 OF 9
4380406
REPRESENTATIVES AND/OR EMPLOYEES. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS
AGREEMENT.
10. Independent Contractor. Except as otherwise expressly provided herein, Collin County
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.
11. 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. Bath parties agree that the venue shall be in Collin
County,Texas.
12. Entire Agreement. This Agreement represents the entire and integrated agreement
between Collin County 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. if any paragraph,section,
subdivision, sentence, clause, or phrase of this Agreement shall be found to be contrary to the law or 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 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; facsimile, 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:
INTERLOCAL COOPERATION AGREEMENT FOR AMBULANCE TRANSPORT SERVICES PAGF.5 OF 9
4380406
City of Wylie,Texas
Attention: Brent Parker
300 Country Club Road,Suite 100
Wylie, Texas 75098
Telephone: (972)516-6100
Facsimile:
Email: brent.parker@wylietexas.gov
With a copy to:
Abernathy, Roeder, Boyd& Hullett,P.C.
Attention: Ryan D. Pittman
1700 Redbud Blvd., Suite 300
McKinney,Texas 75069
Telephone: (214)544-4000
Facsimile: (214)544-4040
Email: rpittman@abernathy-law.com
If to Collin County,address to it at:
Collin County,Texas
Attention: Yoon Kim,County Administrator
2300 Bloomdale Rd
McKinney,Texas 75071
Telephone: (972)548-4675
Email: adminser@collincountytx.gov
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.
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. GOWT CODE. The City
INTERLOCAL COOPERATION AGREEMENT FOR AMBULANCE TRANSPORT SERVICES PAGF.6 OF 9
4380406
18. Waiver. A waiver by either party of any breach of this Aft,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 parry'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.
20. Cggnerative 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. GOV'T CODE. The City Manager,
Mayor,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. GOV'T 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 Aft 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:
TOWN OF SAINT PA EXAS,
a Type A M on
By YIWAA
N Kent S er
Title. yor
Date:
INTERLOCAL COOPERATION AGREEMENT I+OR AMBULANCE TRANSPORT SERVICES PAGE 7 OF 9
43904M
EXHIBIT A - BOUNDARY MAP
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INTERLOCAL COOPERATION AGREEMENT FOR AMBULANCE TRANSPORT SERVICES PAGF»8 OF 9
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EXHIBIT B
COMPENSATION METHODOLOGY
FY2024-2025 FINAL ESTIMATE
EMS AMBULANCE TRANSPORT SERVICES
TOWN OF SAINT PAUL
TOWN OF ST. PAUL
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 in St. Paul Jurisdiction i 84
Percent of Total Ambulance Scene Arrivals 1.75%
Total Cost(%of Calls x Balance) $26,805.43
10% City of Wylie Administrative Fee 10.00%
Total Cost to St. Paul (Amount Due FY24-25) $29,485.97
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4380406