Resolution 2025-26 RESOLUTION NO. 2025-26(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 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
Lavon 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 18th
day of November, 2025.
Matthew Porter Mayor
ATTEST TO:
f� \
Stephanie Storm, City Secretary
Resolution No. 2025-26(R) ILA for Communications Center& Dispatch Center(Lavon) 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 Lavon, Texas, a home-rule municipality ("Lavon"). Wylie and Lavon
are referred to herein at times 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, Lavon has requested that Wylie provide communications and dispatch
services to Lavon, 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 Lavon 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 Lavon hereby agree as follows:
1. Performance of Services.
Interlocal Agreement for Communications Center and Dispatch Services(Lavon) Page 1
a. Wylie shall provide to Lavon, 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"). To facilitate the Services, Lavon shall
provide Wylie's communications personnel with all necessary street,apparatus,and
response information, as well as all dispatching information unique to Lavon's
operations, on a continuing basis.
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, Lavon agrees
to and accepts full responsibility for the acts, negligence, and/or omissions of all
Lavon employees and agents. It is also the responsibility of Lavon 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 Lavon agree to provide complete and adequate
training to personnel selected by Lavon 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 Lavon 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 I(f) above.
h. The Services shall not arbitrarily be withheld, but it is understood by the parties
that unforeseen circumstances may arise that 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 Lavon. In the
performance of the Services, Wylie shall have sole responsibility and discretion to
determine priorities in dispatching and using equipment and personnel. In the event
that Wylie determines that it cannot provide continuous and uninterrupted Services
to Lavon during the Primary Term of this Agreement (and any Renewal Term),
Wylie shall use its best efforts to promptly notify Lavon of the interruption in
provision of the Services and the estimated time until Services will be resumed.
2. Term.
The term of this Agreement shall commence on October 1, 2025, 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
Interlocal Agreement for Communications Center and Dispatch Services(Lavon) Page 2
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 with 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, 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. At the sole discretion
of Wylie, this Agreement may be terminated or renegotiated in the event Lavon annexes
additional territory into its corporate limits and/or increases the area that Lavon serves.
Immediately upon the completion of any annexation proceedings, Lavon shall notify Wylie
of the annexation, in writing, and provide Wylie with a legal description of the annexed
area.
4. Compensation.
Lavon, out of current revenues available to it, shall pay to Wylie the amount of$8,515.56
per month of dispatching services 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"). Lavon shall
pay the Compensation Amount to Wylie within the next 30 days from the 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
(ill) 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, Lavon
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
Lavon 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.
Interlocal Agreement for Communications Center and Dispatch Services(Lavon) Page 3
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
prior to April I st of each year. This estimate shall include the annual service fees and rate
increases to be determined by Wylie and shall be effective for Services received after
October I st, the beginning of a new fiscal year for Wylie. Wylie shall notify Lavon 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 I 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
Lavon's payment due for the then-current term, Lavon 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, Lavon shall pay
all expenses for operation and maintenance of any equipment or facilities installed and
operated at the Communications Center for the use of Lavon. Radio equipment transmitting
on frequencies used by Lavon or its service area is an example of the types of equipment
or facilities that fall into this category for the 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. 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 Wylie, address it at:
Interlocal Agreement for Communications Center and Dispatch Services(Lavon) Page 4
City of Wylie, Texas
Attention: Brent Parker
300 Country Club Road, Suite 100
Wylie, Texas 75098
Telephone: (972) 516-6100
Facsimile: (972) 516-6026
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 Lavon, addressed to it at:
City of Lavon, Texas
Attention: Kim Dobbs, City Manager
P.O. Box 340
120 School Rd.
Lavon, Texas 75166
Telephone: (972) 843-4220
Email: kdobbs(&Iavontx.gov
With Copy to:
Messer Fort, PLLC
6371 Preston Road, Suite 200
Frisco, Texas 75034
Telephone: (972) 668-6400
Email: juliz"�t trmuni�ipaiia�� .�ut�t
C. Entire Agreement.
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.
d. 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. In any such action or
Interlocal Agreement for Communications Center and Dispatch Services(Lavon) Page 5
proceeding, the prevailing party shall be entitled to an award of reasonable and
necessary attorney's fees. The Parties further agree this Agreement constitutes a
contract providing goods and services to a local government entity under Section
271.152 of the Texas Local Government Code and that the limited waiver of
immunity from suit and limitation on remedies under Subchapter I of Chapter 271
of the Local Government Code applies to this Agreement.
e. 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.
f. 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
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.
g. 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 an event, either party may
terminate this Agreement by giving the other party fifteen (15) days'written notice
of its intent to terminate.
h. Amendments.
Wylie and Lavon may amend this Agreement only by an instrument in writing
signed by both parties.
i. 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.
J. Assi ment.
This Agreement is not assignable.
k. Immunity.
lnterlocal Agreement for Communications Center and Dispatch Services(Lavon) Page 6
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.
1. 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.
M. Draftin z Provisions.
This Agreement shall be deemed to have been drafted equally by all parties to this
Agreement. The language of all parts of this Agreement shall be construed 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.
n. Independent Contractor.
Except as otherwise expressly provided herein, Lavon 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.
o. 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.
p. 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"),
lnterlocal Agreement for Communications Center and Dispatch Services(Lavon) Page 7
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:
Interlocal Afreement for Communications Center and Dispatch Services(Lavon) Page 8