Resolution 2013-211
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RESOLUTION NO. 2013-21(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 FAIRVIEW 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 Town of FAIRVIEW 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.
RESOLVED THIS THE 24th day of September, 2013.
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ATTEST TO:
CA OLE EHRL� , City Secretary
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Resolution No. 2013 -21(R) - Interlocal Agreement for Dispatch Se
Town of Fairview and the City of Wylie
Page 1 of 1
INTERLOCAL AGREEMENT FOR
EMERGENCY DISPATCH SERVICES
This Agreement made and entered into this 24th day of September, 2013, by and between
the City of Wylie, Texas ( "Wylie ") and the Town of Fairview, Texas ( "Fairview'), 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 government 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 emergency medical services ( "EMS ") first responder general
fire services ( "Services "); and
WHEREAS, Wylie provides these Services to the citizens of Wylie and has the capacity
to service other municipalities; and
WHEREAS, Fairview has investigated and determined that it would be advantageous and
beneficial to Fairview and its inhabitants for Wylie to provide the Services to Fairview and its
inhabitants; and
WHEREAS, Fairview desires to engage Wylie, and Wylie desires to be engaged by
Fairview, to provide the Services as set forth herein; and
WHEREAS, the governing bodies of Wylie and Fairview desire to foster good -will and
cooperation between the two (2) entities; and
WHEREAS, Wylie and Fairview deem it to be in the best interest of both entities to enter
into this Agreement in order to provide the Services described herein.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, WYLIE AND FAIRVIEW AGREE AS FOLLOWS:
I. Services to be Performed
Wylie shall provide to Fairview the Services in accordance with the terms and conditions
of this Agreement. In order to facilitate such Services, Fairview shall provide to Wylie on a
continuing basis, accurate, timely, current data including all necessary street names and address
numbers, apparatus types and numbers, and response information, as well as any and all
necessary dispatching information unique to the operation of Fairview Fire Rescue (FFR)
Department operations.
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II. Term of Agreement
This Agreement shall become effective on December 1, 2013 (the "Effective Date ") and
end on September 30, 2014 (the "Primary "), unless terminated in the manner described in
Section 111, "Termination" below and /or renewed as provided herein.
Following the Primary Term, this Agreement shall renew automatically for four (4)
successive one (1) year terms, beginning October 1 st and ending September 30`" of each year,
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 "Termination"
below.
Notwithstanding the commencement of the Primary Term as provided above, the parties
agree that all technology and data necessary to provide the Services shall be installed by
December 16, 2013 for testing purposes.
III. Termination
This Agreement may be terminated prior to the expiration date noted in Section 11 "Term
of Agreement" 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 one hundred twenty (120) day prior to the anticipated
date of termination; or
2. Mutual agreement of termination of the Agreement, executed in writing by both
parties, without the requisite one hundred twenty (120) day prior written notice.
At the sole discretion of Wylie, this Agreement may be terminated immediately or
renegotiated in the event Fairview annexes additional territory into its corporate limits and /or
increases the area FFR services without first providing Wylie with written notification of the
newly annexed territory and /or increased service area at least thirty (30) days before effective
date of the newly annexed territory /area.
IV. Compensation and Payment
Fairview, out of current revenues available, shall pay to Wylie the amount of Fifty Three
Thousand Three Hundred Thirteen and 53/100 dollars ($53,313.30) within fourteen (14) days of
execution of this Agreement. This amount shall compensate Wylie for dispatch services provided
during the first year of the Primary Term. Such amount is based upon the costs incurred by
Wylie in order to fulfill Wylie's obligations under this Agreement.
For all subsequent years following the Primary Term and any renewals, the cost shall be
calculated based on the base pay rate for an entry level dispatcher plus additional customary
compensation and benefit fees (I.E. cost of benefits, standard overtime /vacation time -off and
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annual merit pay raise percentage) as used for budgeting purposes of employees of the Wylie
dispatch department. Further there will be an annual fee paid for administrative services to be
charged at 10% of the annual rate for an entry level dispatcher and the additional customary
compensation and benefit fees as stated above. This annual administrative fee shall also be paid
for the period of time covered by the Primary Term as stated in Section II "Term of Agreement"
above. The formula and /or pricing shall be reviewed by Wylie and Fairview each year of the
Agreement for possible adjustments that would increase the cost for dispatch services. All
payments shall be made annually within fourteen days (14) days of the start of the Primary term
and within fourteen (14) days of October I st for each of the successive one (1) year terms.
Compensation for any period shall be prorated in any period termination occurs prior to
the expiration date. In addition, Fairview shall provide to Wylie, at its sole expense, any
communications lines or equipment deemed necessary by either party, to provide the Services,
and said communications lines or other equipment, shall be installed at locations designated by
Wylie.
V. Responsibilities of Parties
Fairview shall be responsible for the following:
• Purchase, installation, operation and maintenance of any and all necessary
information technology ( "IT ") equipment and fire station notification hardware
and software as determined by Wylie. The required technology shall replicate
Wylie technology to ensure interoperability.
• Coordination with Wylie IT to facilitate and /or complete the terms of this
Agreement.
• Provide any and all data as required and /or requested by Wylie, including, but not
limited to alarm progressions, premise information, MSAG, and GIS. The
accuracy of the data is the sole responsibility of Fairview. All data must be
accurate and provided in a timely manner.
Equip the two (2) FFR fire stations with a US Digital Design (USDD) station
alerting system compatible with a similar USDD system installed in Wylie.
Transition to the Plano, Allen, Wylie, and Murphy (PAWM) emergency services
dispatch system at a future date, but no later than December 16, 2013. Lease
costs of the FFR operational channels on the PAWM system shall be the
responsibility of Fairview and shall be paid in accordance with a contract between
PAWM and Fairview.
• Coordinate the answering of 9 -1 -1 calls to the Fairview PSAP (Public Safety
Answering Point) which is provided by the Collin County Sheriff's Office
(CCSO) dispatching center for the purpose of transferring Fire and EMS calls
from the calling parties to Wylie for Services to be rendered as noted below in
this Section.
• Coordinate with CCSO dispatching center to remain available for dispatch
services as a backup.
• Designate an employee as a point of contact.
Wylie shall be responsible for the following:
• Provide Services within the corporate and extra - territorial jurisdiction of
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Fairview.
• Services will include: answering 911 emergency /non - emergency calls transferred
from the Fairview PSAP provided by CCSO dispatching center; providing EMD
(Emergency Medical Dispatching) services for EMS calls; providing dispatching
for FFR fire and EMS services to include dispatching of any contract EMS
transport ambulance services under contract to Fairview (no police dispatching
will be provided); provide Nixie pages as requested by Fairview.
• Construct districts and box alarms based upon information provided by Fairview.
• Supply all communications personnel and equipment to include consoles, phone
and data communications lines, emergency backup generators to provide for
dispatching services,
• Supply the main dispatch channel on the PAWM system under a contract
agreement with the PAWM member cities,
• Supply electronic recording equipment for all FFR radio dispatch and operational
channels as supplied by the PAWM emergency services dispatch system,
• Provide electronic archiving capabilities of all relevant communications
information (phone, text, radio, email) regarding FFR related events in
accordance with industry standards and best practices. This communications
information is also to be provided upon request by the Chief or Assistant Chief of
FFR for specific circumstances in order to assist in evaluation and follow up
inquiries of FFR related events.
Designate an employee as a point of contact,
VI. Quality Assessment /Quality Inspection
In order to provide the best possible service, a process will be established for the ongoing
evaluation of the quality of Services by Wylie in addition to the adherence by Wylie and FFR of
standard operating procedures for using the Wylie dispatching services and the PAWM
emergency services dispatching system. At a minimum of one (1) time per each three (3)
months and more frequently if deemed necessary, a QA /QI meeting and /or call will take place by
the designated employee and/or Chief or Assistant Chief (collectively Chief Officers) of Wylie
and FFR to undertake the following actions:
• Review any open issues from previous meetings,
• Review report data of the call handling times by Wylie dispatchers to include
time of receipt of call from external source to time of dispatch of FFR apparatus
and compare those times to any defined benchmarks /performance metrics,
• Review the handling of dispatched incidents from initial dispatch through the
completion of the incident using a random sampling of incidents dispatched over
the course of the review period and /or by the evaluation of specific incidents as
requested by Wylie and /or FFR designated employee and /or Chief Officers,
• Evaluate any items related to the adherence to standard operating procedures on
the use of the PAWM system,
• Establish follow up actions as a result of these review meetings to include: a
written description of the actions needed, define a responsible party assigned to
complete each action, and define a timeframe for evaluation of the progress of
the assigned action,
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• Establish a time for the next review session.
VII. Dispute Resolution
It is understood that from time to time there may a situation where a dispute will be
raised by Wylie and /or Fairview that needs to be resolved in an acceptable manner. The dispute
could take on many forms such as: contractual, financial, personnel conflicts, call handling,
technical, performance related to established benchmarks, legal issues related to an incident as
well as other forms not listed here. It is the desire of the Chief Officers to quickly and efficiently
resolve all disputes in the simplest and most professional manner possible. Usually this can be
achieved with a phone call or an Email message between the parties directly involved. For those
disputes that cannot be resolved as stated above or cannot be achieved as stated below in Section
X "Miscellaneous Provisions ", shall be handled as follows:
• Dispute item is to be identified as soon as practicable so that a more formal
review can be established,
• Dispute item needs to be clearly articulated in writing by the initiating party to the
other party including all relevant facts, times and personnel involved as well as
any additional information which could assist in clarifying and resolving the
dispute,
• Once the dispute has been received, a discussion shall take place between the
designated employees and /or respective Chief Officers as soon as possible but no
later than seventy two (72) hours after receipt of the dispute to determine if a
resolution can be achieved without any more formal procedures being invoked. If
it can be resolved in this manner, a written account of the resolution to include the
information contained in the initial dispute claim shall be issued by the person
initiating the dispute item and signed by the same person. The party of the
opposite organization who was involved in resolving the dispute shall receive and
sign the written account of the resolution indicating their concurrence. A copy of
the signed document is to be forwarded to the Chief Officers of Wylie and FFR.
• If after an attempt to resolve a dispute item using the process stated above in the
preceding bullet the dispute still exists, the dispute shall be escalated to the Wylie
and FFR Assistant Chiefs or if they were already involved as noted above, to the
respective Fire Chiefs for further dispute resolution. The Chief Officers are
expected to find an acceptable resolution to the dispute in a professional manner.
Once resolved, the involved Chief Officers shall issue a signed written account of
the dispute and the resolution and ensure a copy is received by the Fire Chiefs of
Wylie and FFR. The resolution is also to be shared with the impacted personnel
of each agency to ensure everyone understands the resolution.
• If all other efforts to resolve a dispute item as noted above cannot be attained, the
Wylie and FFR Fire Chiefs shall inform their respective City /Town Managers in
order to establish a course of action for resolving the dispute. The respective
City /Town Managers shall then direct the resolution efforts as they deem
appropriate.
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VIII. Relationship of Parties
The parties intend that Wylie, in performing Services specified in this Agreement, shall
act as an independent contractor and shall have control of the work and the manner in which it is
performed. Neither Wylie, its officers, agents, employees, volunteer help or any other person
operating under this Agreement shall be considered an agent or employee of Fairview and shall
not be entitled to participate in any pension or other benefits that Fairview provides its
employees.
IX. Acceptance of Responsibility
Wylie agrees to and accepts full responsibility for the acts, negligence and /or omissions
of all Wylie employees and agents.
Fairview agrees to and accepts full responsibility for the acts, negligence and /or
omissions of all Fairview employees and agents.
X. 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 Fairview is otherwise notified:
Fire Chief
Wylie Municipal Complex
300 Country Club
Wylie, Texas 75098
All notices and communications under this Agreement to be mailed or delivered to Fairview
shall be sent to the address of Fairview as follows, unless and until the Wylie is otherwise
notified:
Fire Chief
Town of Fairview — Town Hall
372 Town Place
Fairview, Texas 75069
Any notices and communications required to be given in writing by one party or the other shall
be considered as having been given to the addressee on the date the notice or communication is
placed in the United States Mail or hand - delivered by other means.
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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.
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. 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.
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 Fairview may amend this Agreement only through
mutual agreement 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 Fairview 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.
Assignment. 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 signatory 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
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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.
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.
TOWN OF FAIRVIEW, TEXAS
Julie Couch, Town Manager
ATTEST:
Michelle Lewis Siriani, Town Secretary
APPROVED AS TO FORM:
Clarke McCoy
Town Attorney
Date:
CITY OF WYLIE, TEXAS
Mindy Manson, City Manager
ATTEST:
Carole Ehrlich, City Secretary
APPROVED AS TO FORM:
Abernathy, Roeder, Boyd & Joplin, P.C.
Courtney Kuykendall, City Attorney
Date:
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