Resolution 2014-35RESOLUTION NO. 2014-35(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 ROCKWALL COUNTY 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 ROCKWALL COUNTY and the City of WYLIE, Texas for Fire Protection
Services.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 91h day of September, 2014.
ATTEST TO:
CAROLE EHRLI , City Secretary
Resolution No. 2014 -35(R) — Interlocal
Agreement for Fire Protection Services
between the City of Wylie and the
Rockwall County
Page 1 of 1
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INTERLOCAL AGREEMENT BETWEEN THE CITY OF WYLIE
AND THE COUNTY OF ROCKWALL FOR FIRE PROTECTION SERVICES
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This Interlocal Agreement for Fire Protection Services, effective as of the a4L� day of
_ -f- _ . 2014 ("Effective Date "), by and between the City of Wylie,
Collin County, Texas (Wylie), a Texas home -rule municipality, and the County of Rockwall,
Texas (County"), a Texas political subdivision.
WHEREAS, the City of Wylie Fire - Rescue ( "Wylie ") currently provides fire protection
service within the corporate limits of County pursuant to a previous agreement between the
parties dated October 12, 1993. and
WHEREAS, County has expressed its desire for Wylie to continue providing such fire
protection service to County and its citizens: and
WHEREAS, Wylie and County 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 covenants,
Wylie and County do hereby agree to the following:
I.
TERM
The term of this Agreement shall be one (1) year from the Effective Date (the "Initial
Term "). Upon the completion of the Initial Term, this Agreement shall automatically renew for
five (5) successive one (1) year terms (the "Renewal Terms ") unless terminated by either party in
accordance with Section V., Termination, below.
IL
SCOPE OF SERVICES
Wylie agrees to be the primary provider of twenty -four (24) hour fire protection service
outside the corporate limits of Wylie for the benefit of County ("Fire Protection Services "), in
that portion of Rockwall County, generally described as follows:
An area in the Northwest corner of Rockwall County, bounded by Lake Ray
Hubbard on the East, the Rockwall /Dallas County line on the West, Liberty Grove
Road and the Rockwall /Dallas County line on the South, and by the
Rockwall /Collin County line on the North.
and more particularly described in Exhibit "A," attached hereto and incorporated herein for all
purposes ("Service Area "). Wylie shall provide Fire Protection Services including, but not
limited to, grass tires, structure fires, motor vehicle accidents. false alarms, and first response
emergency medical and rescue services. Wylie agrees that the fire protection service provided to
County by the Wylie will meet or exceed all equipment and service standards established by the
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612'_90
Texas Commission on Fire Protection pursuant to its authority under Chapter 419, Texas
Government Code.
III.
PERFORMANCE OF SERVICES
It is expressly agreed and understood by the parties hereto that the availability of
personnel and equipment for fire protection service, as well as the number of personnel and the
amount of equipment to be sent, if any, in the event of the need for fire protection service by
County, shall be left to the discretion of the Wylie. Fire 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 from providing service at a particular time. Wylie
shall restore such service with all reasonable 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 withhold fire protection service, personnel, or equipment for the exclusive use of
any person, group or city, and further agrees that if it is unable to provide fire protection service
to County at any particular time, Wylie will use its best efforts to contact and secure fire
protection service for County from an alternate or auxiliary fire protection service provider.
Pursuant to this Agreement, Wylie may charge fees to any citizen of County using such
fire protection services as may be provided for by Wylie ordinance.
Wylie agrees that it will provide County with copies of TXFIR reports on all fires within
County on a quarterly basis or as requested within reason by County.
County shall be solely responsible for providing the Wylie with a current County map
(the "County Map "), and updating the County Map as necessary to reflect new residents or the
addition of new territory into County.
IV.
COMPENSATION
Until such time as this Agreement is terminated or modified by the parties in accordance
with Paragraphs 12 or 13 below, County agrees to pay Wylie five hundred dollars ($500.00) for
each dispatch of City fire equipment to any location in the Service Area for Fire Protection
Services. County shall pay for Fire Protection Services out of currently available funds.
Personnel response costs may adjust annually as Wylie's operating budget increases or
decreases. Therefore, these personnel response fees may be adjusted annually and this
Agreement shall be amended to reflect the adjustment in compensation due for Fire Protection
Services.
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612290
V.
TERMINATION
Either party may terminate this Agreement at the end of the Initial Term or any of the
Renewal Terms by giving the other party one - hundred twenty (120) days prior written notice of
termination. In the event of such termination by either party. Wylie shall be compensated pro
rata for all services performed to termination 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 rata basis for all services performed to termination date, and /or be
overcompensated reimbursable expenses as authorized by this Agreement, County shall be
reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not
constitute a Nvaiver of any claim that may otherwise arise out of this Agreement.
VI.
IMMUNITVANDEMNITV
It is expressly understood and agreed that, in the execution of this Agreement, neither
Wylie nor County waives, nor shall be deemed to waive, any immunity or defense that would
otherwise be available to it against claims arising in the exercise of their respective governmental
powers and functions.
It 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 outside of
its corporate limits, although notified of the need for such service, that Wylie shall 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 County from an alternate or auxiliary fire protection
service provider, and County enters into this Agreement with this understanding.
County 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 County, outside the city limits of Wylie, shall be considered as the acts of agents of
County in all respects, notwithstanding such person or persons may be regular employees,
firemen or independent contractors of Wylie.
COUNTY 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 COUNTY, ITS OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES AND /OR EMPLOYEES. THIS
PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
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6122902
VII.
ENTIRE AGREEMENT
This Agreement represents the entire and integrated Agreement between Wylie and
County and supersedes all prior negotiations, representations and /or Agreements, either written
or oral. The Agreement may be amended only by written instrument signed by both Wylie and
County.
VIII.
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.
IX.
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
Wylie is not prohibited by this Agreement from entering into similar agreements with
other governmental entities or political subdivisions.
X1.
AMENDMENTSIMODIFICATIONS
This Agreement may be amended or modified by the mutual agreement of both parties in
writing, to be attached to and incorporated herein as a part of this Agreement.
XI1.
EXECUTION
This Agreement may be executed in multiple originals.
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612290.2
City of Wylie, Texas,
a Texas home -rule municipality
Mindy Manson. City Manager
County of Rockwall, Texas
a Texas political subdivision
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STATE OF TEXAS §
COUNTY OF COLLIN §
Date
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Date
BEFORE ME, the undersigned authority, on this day personally appeared Mindy
Manson known to me to be one of the persons whose names are subscribed to the foregoing
instrument; she acknowledged to me she is the duly authorized representative for the CITY OF
WYLIE, TEXAS. and she executed said instrument for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL. OF OFFICE this day of 2014.
Notary Public in and for the State of Texas
M-, Commission Expires:
STATE OF TEXAS
COUNTY OF ROCKWALL
BEFORE ME, the undersigned authority, on this day personally appeared
a_ H H b G" known to me to be one of the persons whose names are
subscribed o the foregotng instrument; he /she acknowledged to me he /she is the duly authorized
representative for ROCKWALL COUNTY, TEXAS, and he /she executed said instrument for
the purposes and consideration therein expressed.
GIVF Y HAND AN �. _ F OFFICE this day of '-014.
G;
Notary Public in and for the State o Texas
My Commission Expires:_ g — t eo
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Exhibit "A"
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Wylie Fire Response District