Resolution 2013-12-1 RESOLUTION NO. 2013-12-1(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 TOWN OF ST. PAUL AND THE
CITY OF WYLIE FOR FIRE PROTECTION 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 Fire Protection Services,
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 28�h day of May,2013.
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Resolution No.2013-12-1(R)—Interlocal Agreement for Fire Protection Services
City of Wylie and the Town of St.Paul Page 1 of 1
Interlocal Agreement between the City of Wylie
and the Town of St. Paul for Fire Protection Services
2013-2014 Fiscal Year
St. Paul First Responder Fees
Exhibit A
Twelve
Structure Person First Four Person Quarterly �
2012 Fire Response Responders Response Billing Fees �
Responses 1 $5,799.43 55 $98,144.20
�
S�u b-tota Is: $5,799.43 $98,144.20
Total 2013-14: $ 103,943.63 $25,985.91
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Created May 17, 2013
INTERLOCAL AGREEMENT BETWEEN THE CITY OF WYLIE
AND THE TOWN OF ST. PAUL FOR FIRE PROTECTION SERVICES
This Interlocal Agreement for Fire Protection Services, effective as of the lst day of
October 2013 ( the "Effective Date"), by and between the City of Wylie, Collin County,
Texas ("Wylie"), a Texas municipal corporation, acting herein by and through its Mayor
as autharized by resolution of the Wylie City Council, and the Town of St. Paul, Collin
County, Texas ("St. Paul"), a Type A General law city, acting herein by and through its
lVlayor as authorized by resolution of the St. Paul Town Council.
WHEREAS, the City of Wylie Fire-Rescue ("W.F.R.") currently provides fire
protection service within the corporate limits of St. Paul pursuant to a previous agreement
t:he Interlocal Agreement Between City of Wylie and Town of St. Paul for Fire Protection
`,3ervices entered into on October 1, 2008; and
WHEREAS, St. Paul has expressed its desire for Wylie to continue providing
:>uch fire protection service to St. Paul and its citizens; and
WHEREAS, Wylie and St. Paul mutually desire to be subject to and contract
pursuant to the provision of the Government Code, Chapter 791, the Interlocal
Cooperation Act.
NOW THEREFORE, in consideration of the following mutual promises and
c�ovenants, Wylie and St. Paul do hereby agree to the following:
I.
TERM
'The term of this Agreement begins October 1, 2013 and ends September 30, 2014 (the
`'`Initial Term"). Upon the completion of the Initial Term, beginning October 1, 2013, this
.Agreement shall not automatically renew, however, it may be terminated by either party
�in accordance with Section V., Termination, below.
II.
SCOPE OF SERVICES
Wylie agrees to be the primary provider of twenty-four (24) hour fire protection service
�to the corporate limits and extra-territorial jurisdiction of St. Paul including, but not
limited to, grass fires, structure fires, motor vehicle accidents, false alarms, and first
;response emergency medical and rescue services. Wylie agrees that the fire protection
��ervice provided to St. Paul by the Wylie Fire Rescue ("W.F.R.") will meet or exceed all
�equipment and service standards established by the Texas Commission on Fire Protection
,..y,�. pursuant to its authority under Chapter 419, Texas Government Code.
ILA Wylie and St. Paul(Fire Protection Services)
Page 1 of 6
III.
PERFORMANCE OF SERVICES
F'ire protection service by Wylie shall not be arbitrarily withheld, but it is understood by
the parties hereto that unforeseen irregular circumstances may arise which prevent Wylie
firom providing service at a particular time. Wylie shall restore such service with all
r��asonable speed to the same level which existed prior to such unforeseen irregular
circumstances arising, if such should arise. Wylie agrees that it will not unreasonably
vvithhold fire protection service, personnel, or equipment for the exclusive use of any
p�erson, group or city, and further agrees that if it is unable to provide fire protection
service to St. Paul at any particular time, Wylie will use its best efforts to contact and
secure fire protection service for St. Paul from an alternate or auxiliary fire protection
service provider.
F'ursuant to this Agreement, Wylie may charge fees to any citizen of St. Paul using such
fire protection services as may be provided for by ordinance of Wylie.
`1Vylie agrees that the W.F.R. will provide St. Paul with copies of Texas Fire Incident
FZeport system ("TXFIR") reports on all fires within St. Paul quarterly or as requested
within reason by St. Paul.
��t. Paul shall be solely responsible for providing the W.F.R. with a current town map �°"`
("Town Map"), and updating the Town Map as necessary to reflect new residents or the
a�ddition of new territory into St. Paul.
IV.
COMPENSATION
Until such time as this Agreement is terminated or modified by the parties in accordance
��ith Paragraphs 12 or 13 below, St. Paul agrees to pay Wylie annually for providing fire
protection service to St. Paul (the "Annual Fee"), which Wylie agrees is a reasonable fee
for such fire protection service, according to Exhibit"A".
��t. Paul will be billed for the previous calendar year's call volume, and the Annual Fee
`Nill be based on the previous year's personnel responses.
l?ersonnel response costs will adjust annually as Wylie's operating budget increases ar
ciecreases. Therefore, these personnel response fees will be adjusted annually and
distributed as a new Exhibit to this contract each year. Exhibit "A" is attached and
i•eflects 2012 call volume and costs.
a) During the Initial Term of this Agreement, the Annual Fee will be paid in
four equal installments on or about the first (1 St) day of October, January, �
April, and July.
1:LA Wylie and St. Paul(Fire Protection Services)
Page 2 of 6
.�w�. V.
TERMINATION
Either party may terminate this Agreement for any reason, with or without cause, by
��roviding sixty (60) days written notice to St. Paul. In the event of such termination by
e;ither party, Wylie shall be compensated pro rata for all services performed to
tertnination date, together with reimbursable expenses due and as authorized by this
Agreement. In the event of such termination, should Wylie be overcompensated on a pro
r•ata basis for all services performed to termination date, and/or be overcompensated
r•eimbursable expenses as authorized by this Agreement, St. Paul shall be reimbursed pro
i•ata for all such overcompensation. Acceptance of such reimbursement shall not
c,onstitute a waiver of any claim that may otherwise arise out of this Agreement.
VI.
IMMUNITY/INDEMNITY
l:t is expressly understood and agreed that, in the execution of this Agreement, neither
'Wylie nor St. Paul waives, nor shall be deemed to waive, any immunity or defense that
��vould otherwise be available to it against claims arising in the exercise of their respective
��overnmental powers and functions.
"�"` ][t is understood and agreed by the parties hereto that if, for reasons stated in. Section III
above, Wylie does not furnish personnel and/or equipment for fire protection service
��utside of its corporate limits, although notified of the need for such service, that Wylie
;�hall not be liable in damages or otherwise for the failure to furnish same provided Wylie
�used its best efforts to contact and secure fire protection service for St. Paul from an
��lternate or auxiliary fire protection service provider, and St. Paul enters into this
.Agreement with this understanding.
�5t. Paul agrees that the acts of any person or persons dispatched by Wylie in response to a
fire protection call, traveling to or from said calls, or in any manner furnishing fire
�protection service to St. Paul, outside the city limits of Wylie, shall be considered as the
,�cts of agents of St. Paul in all respects, notwithstanding such person or persons may be
:regular employees, firemen or independent contractors of Wylie.
�St. Paul, to the extent allowed by law, shall defend, exempt, 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 the performance of this Agreement,
including, but not limited to, the intentional or negligent acts and/or omissions of St.
Paul, its officers, agents, servants, representatives and/or employees. This
�,� paragraph shall survive termination of this Agreement.
ILA Wylie and St.Paul(Fire Protection Services)
Page 3 of 6
VI. �
ENTIRE AGREEMENT
��his Agreement represents the entire and integrated Agreement between Wylie and St.
Paul and supersedes all prior negotiations, representations and/or Agreements, either
�vritten or oral. The Agreement may be amended only by written instrument signed by
both Wylie and St. Paul.
VII.
GOVERNING LAW
�Chis 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. The venue of any
ciispute or matter arising under this Agreement shall be in Collin County, Texas.
XI.
SEVERABILITY
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.
X.
ADDITIONAL AGREEMENTS
`Vylie is not prohibited by this Agreement from entering into similar agreements with
other governmental entities or political subdivisions.
XI.
AMENDMENTS/MODIFICATIONS
This Agreement may be amended or modified by the mutual agreement of both parties in
�,�vriting, to be attached to and incorporated herein as a part of this Agreement.
XII.
EXECUTION
'This Agreement may be executed in multiple originals.
[LA Wylie and St.Paul(Fire Protection Services)
Page 4 of 6
� City of Wylie, Texas
Mindy Manson, City Manager Date
Town of St. Paul, Texas
Opie Walter, Mayor Date
`.3TATE OF TEXAS *
COUNTY OF COLLIN *
BEFORE ME, the undersigned authority, on this day personally appeared
_ known to me to be one of the persons whose names
`"�""" ��re subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly
authorized representative for the CITY OF WYLIE, TEXAS, and he/she executed said
instrument for the purposes and consideration therein expressed.
GIVEN IJNDER MY HAND AND SEAL OF OFFICE this 28�' day of May,
:?013.
Notary Public in and for the
State of Texas
My Commission Expires:
;3TATE OF TEXAS *
COUNTY OF COLLIN *
BEFORE ME, the undersigned authority, on this day personally appeared
_ , known to me to be one of the persons whose names are
...�. subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly
authorized representative for the ST. PAUL, TEXAS, and he/she executed said
instrument for the purposes and consideration therein expressed.
ILA Wylie and St.Paul(Fire Protection Services)
Page 5 of 6
GIVEN LTNDER MY HAND AND SEAL OF OFFICE this day of �
2013.
Notary Public in and for the
State of Texas
My Commission Expires:
][LA Wylie and St. Pau1(Fire Protection Services)
Page 6 of 6