Resolution 2011-23 RESOLUTION NO.2011-23(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 FATE AND THE
CITY OF WYLIE FOR DISPATCHING 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 Fate and the City of WYLIE, Texas for Dispatching Services,
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED This the 27�'day of September 2011.
�
ERIC HOGUE, yo
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ATTEST TO:
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CA OLE'EH , City Secretary �«''�
Resolution No.2011-23(R)
Mutual Aid Agreement-Fire
City of Rockwall&City of Wylie
EXHIBIT "A"
Mutual Aid Agreement
Resolution No.2011-23(R)
Mutual Aid Agreement-Fire
City of Rockwall&City of Wylie
INTERLOCAL AGREEMENT FOR
EMERGENCY DISPATCH SERVICES
This Agreement made and entered into thisl3th day of October, 2011, by and between
the City of Wylie, Tegas ("Wylie") and the City of Fate, Tezas ("Fate"), both Texas municipal
corporations, acting herein through their duly authorized agents, officers and employees
("Agreement").
WITNESSETH
WHEREAS,the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code,
authorizes units of local government to contract with one or more units of local govemment to
perform governmental functions and services; and
WHEREAS, this Agreement is entered into pursuant to the authority, under the
provisions of, and in accordance with, Chapter 791 of the Texas Government Code, for the
performance of governmental functions and services; specifically, emergency dispatch services
associated with fire,rescue, and EMS First responder general police and fire services; and
WHEREAS, Wylie provides these services to the citizens of Wylie and has the capacity
to service other municipalities; and
WHEREAS, Fate has investigated and determined that it would be advantageous and
beneficial to Fate and its inhabitants to provide emergency fire dispatch services to Fate and its
inhabitants; and
WHEREAS, Fate desires to engage Wylie, and Wylie desires to be engaged by Fate, to
provide emergency fire dispatching services as set forth herein; and
WHEREAS, the governing bodies of Wylie and Fate desire to foster good-will and
cooperation between the two entities; and
WHEREAS, Wylie and Fate deem it to be in the best interest of both entities to enter into
this Agreement relative to emergency fire dispatch services.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN,WYLIE AND FATE AGREE AS FOLLOWS:
I. Services to be Performed
Wylie sha11 provide to Fate emergency fire dispatching services consisting of receiving
emergency fire calls and forwarding them to the Fate Fire Department personnel via alpha pager
and radio. In order to facilita.te such services, Fate sha11 provide to Wylie's Communication
personnel, on a continuing basis to stay current, all necessary street, apparaxus and response
information, as well as all necessary dispatching information unique to Fate Fire Department's
' operations.
Interlocal Agreement for Emergency Dispatch Services(Fate)
Resolution No.2011-23(R) Page 1
II. Duration of Agreement �
This Agreement shall become effective on October 13, 2011 (the "Effective Date") and
end on October 12, 2012 (the "Primary Term"), unless terminated in the manner described in
Section III below and/or renewed as provided herein.
This Agreement may be renewed, by written agreement, for three (3) successive one (1)
year terms, beginning October 13 and ending October 12,with notice and agreement by both
parties within thirty (30) days of the expiration date of the Primary Term or any renewal term,
upon the same terms and conditions as set forth herein, or as amended; provided, however, that
the Agreement has not been terminated in the manner described in Section III below. This
Agreement supersedes and otherwise terminates all prior agreements, written or oral, between
the parties concerning the same services.
III. Termination
This Agreement may be terminated prior to the expiration date noted in Section II above
with the occurrence of either of the following:
1. Either party may terminate the Agreement upon providing the other party written
notice of termination at least ninety (90) days prior to the anticipated date of
termination; or ---b
2. Mutual agreement of termination of the Agreement, executed in writing by both
parties, without the requisite ninety (90) days prior written notice.
At the sole discretion of Wylie, this Agreement may be terminated or renegotiated in the
event Fate annexes additional territory into its corporate limits and/or increases the area the Fate
Fire Department services.
IV. Compensation
Fate, out of current revenues available, shall pay to Wylie the amount of Eleven
Thousand dollars ($11,000.00) payable quarterly in the amount of Two Thousand Seven
Hundred Fifty dollars ($2,750.00). This amount shall compensate Wylie for dispatch services
provided during the Primary Term of this Agreement. Such amount is based upon the annual
operating budget for the Wylie Communications Division divided by the total number of calls
plus an administrative fee. The formula and/or pricing shall be reviewed by Wylie each year the
Agreement is renewed for possible adjustments that would increase the cost for dispatch
services. �
Compensation for any period shall be prorated in any period termination occurs prior to
the expiration date. In addition, Fate shall provide, at its sole expense, any telephone lines or
equipment deemed necessary by either party, to Wylie to provide the service set forth in �'
Paragraph I, which telephone lines or other equipment shall be installed at positions designated
by Wylie in the Wylie Communication Center.
Interlocal Agreement for Emergency Dispatch Services(Fate)
Resolution No.2011-23(R) Page 2
V. Relationshiu of Parties �
The parties intend that Wylie, in performing services specified in this Agreement, shall
act as an independent contractor and sha11 have control of the work and the manner in which it is
performed. Neither Wylie, its agents, employees, volunteer help or any other person operating
under this Agreement shall be considered an agent or employee of Fate and shall not be entitled
to participate in any pension or other benefits that Fate provides its employees.
VI.Acceptance of Resnonsibilitv
Wylie agrees to and accepts full responsibility for the acts, negligence and/or omissions
of all Wylie employees and agents.
Fate agrees to and accepts full responsibility for the acts, negligence and/or omissions of
all Fate employees and agents.
VII. Miscellaneous Provisions
a. Notice. Any notice provided or required to be given under the terms of this
Agreement, must be in writing and may be served by depositing same in the United States Mail,
properly addressed, postage pre-paid, registered or return receipt requested or by hand-delivery.
All notices and communications concerning this Agreement to be mailed or delivered to Wylie
shall be sent to the address of Wylie as follows,unless and until Fate is otherwise notified:
Fire Chief
Wylie Municipal Complex
300 Country Club-100
Wylie, Texas 75098
All notices and communications under this Agreement to be mailed or delivered to Fate shall be
sent to the address of Fate as follows,unless and until the Wylie is otherwise notified:
Fire Chief
City of Fate—City Hall
105 E. Fate Main Place
Fate, Texas 75132
Any notices and communications required to be given in writing by one party or the other sha11
be considered as having been given to the addressee on the da.te the notice or communication is
placed in the United States Mail or hand-delivered by other means.
b. 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. This Agreement may be amended only by a written
instrument signed by both parties.
Interlocal Agreement for Emergency Dispatch Services(Fate)
Resolution No.2011-23(R) Page 3
c. Governing Law and Venue. This Agreement and any of its terms, conditions or �
provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of
the State of Texas. Venue for this Agreement shall lie in Collin County, Texas.
d. Legal Construction. In the event that any one or more of the provisions contained
in this Agreement shall be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this
Agreement shall be construed as if such invalid, illegal or unenforceable provision had never
been contained herein.
e. Severabilitv. In the event that any portion of this Agreement shall be found to be
contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid
and in full force and effect to the extent possible.
f. Authorization. The undersigned officer 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.
g. Amendments. Wylie and Fate may amend this Agreement only by an instrument
in writing.
h. Counterparts. The Agreement may be signed in counterparts, each of which shall
be deemed to be an original.
i. Waiver. Notwithstanding any provision to the contrary, Wylie and Fate do not
waive any rights or obligations it may have, either at common law or by statute, through this
Agreement or any other agreement between these same parties.
j. Assi�nment. This Agreement is not assignable.
k. Sovereign Immunity. The parties agree that neither has waived its sovereign
immunity by entering into and performing its obligations under this Agreement.
1. Representations. Each signatary represents this Agreement has been read by the
party for which this Agreement is executed, that each party has had an opportunity to confer with
counsel, on the matters contained herein.
m. Drafting 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.
Interlocal Agreement for Emergency Dispatch Services(Fate)
Resolution No.2011-23(R) Page 4
EXECUTED by the parties hereto, each respective entity acting by and through its duly
authorized official as required by law, on the date specified on the multiple counterpart executed
by such entity.
CITY OF FATE,TEXAS CITY OF WYLIE,TEXAS
Vicki Mikel, City Manager Mindy Manson, City Manager
ATTEST: ATTEST:
Jean Dwinnell, City Secretary Carole Ehrlich, City Secretary
Interlocai Agreement for Emergency Dispatch Services(Fate)
Resolution No.2011-23(R) Page 5