Resolution 2014-36RESOLUTION NO. 2014-36(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF
WYLIE, TEXAS, TO EXECUTE AN INTERLOCAL COOPERATION
AGREEMENT AMONG THE CITY OF WYLIE; COLLIN COUNTY,
TEXAS; THE CITY OF LAVON, TEXAS; THE CITY OF PARKER,
TEXAS; AND THE TOWN OF SAINT PAUL, TEXAS CONCERNING
THE FORMATION OF THE SOUTHEAST COLLIN COUNTY
EMERGENCY MEDICAL SERVICES COALITION; GRANTING THE
CITY MANAGER AUTHORITY TO TAKE ANY AND ALL OTHER
ACTIONS NECESSARY TO EFFECTUATE THE SAME, INCLUDING,
BUT NOT LIMITED TO, MAKING ANY NECESSARY REVISIONS TO
THE INTERLOCAL AGREEMENT THAT THE CITY MANAGER
DEEMS APPROPRIATE AND IN THE BEST INTEREST OF THE CITY,
AS SOLELY DETERMINED BY THE CITY MANAGER; AND
PROVIDING FOR AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ( "City Council ") has
investigated and determined that it is in the best interest of the City of Wylie, Texas ( "City ") and
its citizens to approve the Interlocal Cooperation Agreement among the City; Collin County,
Texas; the City of Lavon, Texas; the City of Parker, Texas; and the Town of Saint Paul, Texas
concerning the formation of the Southeast Collin County Emergency Medical Services Coalition
( "Agreement "), and to authorize the City Manager to execute the same on behalf of the City
Council.
NOW, THEREFORE, BE IT RESOLVED BY THE WYLIE CITY:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Resolution as if fully set forth herein.
SECTION 2: Authority of City Manager to Execute /Make Revisions to Agreement. The
City Manager is hereby authorized to execute the Agreement on behalf of the City Council and
to take any and all other actions necessary to effectuate the same, including, but not limited to,
making any necessary revisions to the Agreement that the City Manager deems appropriate and
in the best interest of the City, as solely determined by the City Manager. The form of the
Agreement is attached hereto as Exhibit "A" and incorporated herein for all purposes. Should
the final executed version of the Agreement be revised from the attached Exhibit "A ", such
form of said Agreement shall replace Exhibit "A" of this Resolution for all purposes.
SECTION 3: Effective Date. This Resolution is effective immediately on its passage.
Resolution No. 2014 -36(R) — Interlocal
Agreement Establishing the SECCEMSC Page 1 of 11
RESOLVED THIS THE 23rd day of September, 2014.
d
ERIC HOGUE,
ATTEST TO:c'
CA OLE EH R , City Secretary
BpNIP fE R" gY
e18S7m
sTATB OF TEXAS
Resolution No. 2014 -36(R) — Interlocal
Agreement Establishing the SECCEMSC Page 2 of I I
Exhibit A
STATE OF TEXAS §
COUNTY OF COLLIN §
INTERLOCAL COOPERATION AGREEMENT FOR
EMERGENCY MEDICAL SERVICES COALITION
This Agreement is made and entered into by and among County of Collin ( "Collin
County "), the City of Lavon, Texas ( "Lavon "), the City of Parker, Texas ( "Parker "), the Town of
Saint Paul, Texas ( "St. Paul "), and the City of Wylie, Texas ( "Wylie ") each of said Cities being a
municipal corporation organized and operating under the laws of the State of Texas (collectively
referred to as the "Governmental Entities" or singularly as "Governmental Entity ") acting by and
through their authorized representatives.
WITNESSETH:
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government
Code (the "Act ") provides the authority to political subdivisions to contract with each other to
facilitate the governmental functions and services of the governmental entities under the terms of
the Act; and
WHEREAS, the Governmental Entities desire to maximize the efficiency and
effectiveness of emergency medical services by entering into an agreement to provide for
regional emergency medical services; and
WHEREAS, the Governmental Entities intend to enter into this new Agreement to create
the Coalition to provide for regional emergency medical services, rather than rely on a previous
interlocal agreement which included other governmental entities; and
WHEREAS, the forming of a Coalition for the purposes of obtaining emergency medical
services for all of the Governmental Entities will result in more efficient provision of services to
each Governmental Entity.
NOW THEREFORE, in consideration of the foregoing and on the terms and conditions
hereinafter set forth and other valuable consideration the sufficiency and receipt of which are
hereby acknowledged, the parties agree as follows:
ARTICLE I
PURPOSE
1.1 The purpose of this Agreement is to create the Southeast Collin County EMS
Coalition ( "Coalition ") by and among the Governmental Entities for the purpose of contracting
and /or providing for regional emergency medical services to the Governmental Entities.
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ARTICLE II
EMERGENY MEDICAL SERVICES
2.1 The Governmental Entities shall each designate a representative for the Coalition.
The Coalition shall negotiate the terms of a contract for the provision of emergency medical
services to all Governmental Entities in a manner consistent with this Agreement. The Coalition
may also propose a contract for mutual aid amongst Governmental Entities, and compensation
for services performed.
2.2 Any contract negotiated by the Coalition must be adopted and executed by the
governing body of each Governmental Entity prior to becoming effective against any
Governmental Entity.
2.3 All members agree to pay their part of the costs associated with running the back-
up ambulances. The apportionment is derived by dividing the cost of back -up ambulances by the
number of calls received the previous year by each Governmental Entity. The cost is to be paid
to Wylie in quarterly installments. The costs allocated to each member are listed on Exhibit "B"
attached hereto and incorporated as if fully set forth herein. Costs associated with Exhibit "B"
may change annually as derived by dividing the cost of back -up ambulances by the number of
calls received the previous year by each Governmental Entity or as mutually agreed upon by
Governmental Entities. (Exhibit "A" among Governmental Entities is used to described the
document showing Subsidy payments to E.T.M.C.)
2.4 At all times while equipment and personnel of the Governmental Entities are
traveling to, from, or within the territorial limits of any of the other Governmental Entities in
accordance with the terms of this Agreement, such personnel and equipment shall be deemed to
be employed or used, as the case may be, in the full line and course of duty of the Governmental
Entity which regularly employs such personnel and equipment. Further, such equipment and
personnel shall be deemed to be engaged in a governmental function of such Governmental
Entity.
2.5 In the event that any individual employee or representative of any of the
Governmental Entities performing duties subject to the Agreement shall be cited as a defendant
party to any state or federal civil lawsuit, or if a claim or demand for damages or liability is
asserted against such individual arising out of his or her official acts while performing duties
pursuant to the terms of this Agreement, such individual shall be entitled to the same benefits
that he or she would be entitled to receive had such civil action arose out of an official act within
the scope of his or her duties as a member of the Governmental Entity where regularly
employed. The benefits described in this paragraph shall be supplied by the Governmental
Entities where the individual is regularly employed. However, in situations where any of the
other Governmental Entities may be liable, in whole or in part, for the payment of damages, then
such other Governmental Entities may intervene in such causes of action to protect its interest.
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Agreement Establishing the SECCEMSC Page 4 of 1l
ARTICLE III
FINANCIAL OBLIGATIONS
3.1 The Governmental Entities represent and covenant that their respective financial
obligations and liability arising herein, or as part of the Coalition, shall constitute operating
expenses of the Governmental Entities payable from funds annually budgeted and appropriated
therefore.
3.2 Each Governmental Entity shall be responsible for a share of any financial
obligation created by the Coalition and approved by all Governmental Entities, in a percentage
equal to that Governmental Entity's population divided the total population of all Governmental
Entities, as established by the 2000 U.S. Census.
ARTICLE IV
TERM
4.1 The term of this Agreement shall be for one (1) year commencing on the last date
all of the Governmental Entities have executed the Agreement (the "Effective Date "), and shall
automatically renew for successive one (1) year terms on the anniversary date of the Effective
Date thereafter, unless terminated by written agreement of all Governmental Entities.
4.2 Any one Governmental Entity may terminate its rights and obligations under this
Agreement by giving one hundred eighty (180) days prior written notice to the other
Governmental Entities. Any financial obligation or liability of a Governmental Entity arising
from this Agreement, or any contract executed in connection with this Agreement shall survive
termination of this Agreement.
ARTICLE V
RELEASE AND INDEMNIFICATION
5.1 To the extent allowed by law, each Governmental Entity hereto agrees to
waive all claims against, release, and otherwise hold harmless the other Governmental
Entities, their officers, agents and employees in both public and private capacities from any
and all liability, claims, suits, demands, losses, damages, attorney's fees, including all
expenses of litigation or settlement, or causes of action of any kind which may arise by
reason of injury to or death of any person or for a loss of, damage to, or loss of use of any
property arising out of services provided under this Agreement, including any acts or
omissions of the parties respective officials, officers, agents or employees relating to or
arising out of the performance of this Agreement, except when such claim or demand
results from the intentional tort and /or gross negligence of a party hereto.
5.2 In the event any claim or demand arises out of or results from the intentional
tort and /or gross negligence of a party hereto, then in that event, the party guilty of such
intentional tort and /or gross negligence shall, to the extend allowed by law, indemnify and
hold harmless other Governmental Entities (innocent of any intentional tort or gross
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Agreement Establishing the SECCEMSC Page 5 of I I
negligence) of and from all liability, claims, suits, demands, losses, damages and attorneys'
fees resulting from the intentional tort and /or gross negligence.
5.3 The parties hereto agree to exercise their best efforts in the performance of the
obligations of each party hereunder. Each party to this Agreement waives all claims against the
other party for any loss, damage, personal injury, or death occurring as a consequences of the
performance of or failure to perform this Agreement. Nothing contained in the Agreement shall
in any way be construed so as to confer any vested right or benefit to any third party not a party
to this contract. Each party shall be solely responsible for any civil liability arising from
furnishing or obtaining the fire protection services contemplated herein as fully as and to the
same extent as that party would have been responsible in the absence of this Agreement, in
accordance with Section 791.006, Texas Government Code, as amended.
5.4 It is expressly understood and agreed that, in the execution of this Agreement,
none of the Governmental Entities waive, nor shall be deemed hereby to have waived any
immunity or defense that would otherwise be available against claims arising in the exercise of
governmental functions relating hereto or otherwise. By entering into this Agreement, the
Governmental Entities do not create any obligations express or implied, other than those set forth
herein, and this Agreement, shall not create any rights in any parties not a signatory hereto. The
remedies of any of the Governmental Entities hereto with respect to a claim against any of the
other Governmental Entities hereto shall not be impaired by this Agreement when the claim does
not arise from the services provided pursuant to this Agreement.
ARTICLE VI
INSURANCE
6.1 Each Governmental Entity shall maintain in full force and effect during the term
of the Agreement, insurance for comprehensive bodily injury, death and property damage
insuring and naming each Governmental Entity as an additional insured against all claims,
demands, or actions relating to the Services with a minimum combined single limit of not less
than one million dollars ($1,000,000.00) per occurrence for injury to persons (including death)
and for property damage or destruction.
ARTICLE VII
DEFAULT
7.1 In the event any of the Governmental Entities shall fail to perform any financial
obligation hereunder, any one or more of non - defaulting Government Entities shall give written
notice of such failure, and if the defaulting Government Entity has not cured such failure within
ten (10) days after receipt of such written notice, any one or more of the non - defaulting
Governmental Entities shall have the right to cure such failure and recover from the defaulting
Governmental Entity the amount of money paid if any, by the non - defaulting Governmental
Entity to cure such failure, with interest at the highest rate allowed by law.
7.2 In the event that the Coalition enters into an agreement on behalf of the
Governmental Entities that exceeds a term of one year, a defaulting Governmental Entity's
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Agreement Establishing the SECCEMSC Page 6 of 11
responsibility to cure shall remain until full expiration of the Agreement entered into by the
Coalition and in such case, the non - defaulting Governmental Entities shall have the right to
recover from the defaulting Governmental Entity all amounts necessary to cure the default.
ARTICLE VIII
MISCELLANEOUS
8.1 Governing Law. This Agreement shall be governed by the laws of the State
of Texas; and venue for any action shall be in Collin County, Texas.
8.2 Notice. Any notice, demand or request required or permitted to be
delivered hereunder shall be deemed received when delivered in person or sent by United States
mail, postage prepaid, certified mail, addressed to the party at the address set forth below:
Lavon: City of Lavon
Attn: Mayor
P.O. Box 340
Lavon, Texas 75166
Parker: City of Parker
Attn: City Administrator
5700 East Parker Road
Parker, Texas 75002
St. Paul: Town of Saint Paul
Attn: Mayor
2505 Butscher's Block
Saint Paul, Texas 75098
Wylie: City of Wylie
Attn: Mindy Manson, City Manager
2000 Highway 78
Wylie, Texas 75098
Collin County: Collin County
Attn: Jason Browning, Fire Marshal
4690 Community Blvd., #200
McKinney, TX 75071
Any party may, at anytime, by written notice to the other Governmental Entities, designate
different or additional persons or different addresses for the giving of notices hereunder.
8.3 Entire Agreement. This Agreement is the entire agreement. There is no other
collateral or oral agreement among the parties that in any way relates to the subject matter of this
Agreement.
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8.4 Amendment. This Agreement may be amended by the written agreement of all
parties hereto.
8.5 Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability shall not affect the other provisions, and the
Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never
been contained in this Agreement.
8.6 Assignment. This Agreement may not be assigned by any Governmental Entity
without the express written consent of all Governmental Entities.
8.7 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.
EXECUTED in multiple originals this day of , 2014.
CITY OF LAVON, TEXAS
ATTEST:
By:
Print Name:
Title: City Secretary
Print Name:_
Title: Mayor
Resolution No. 2014 -36(R) — Interlocal
Agreement Establishing the SECCEMSC Page 8 of 11
EXECUTED in multiple originals this day of , 2014.
CITY OF PARKER, TEXAS
By:
Print Name:_
Title: Mayor
ATTEST:
By:
Print Name:
Title: City Secretary
EXECUTED in multiple originals this day of , 2014.
CITY OF SAINT PAUL, TEXAS
C
ATTEST:
By:
Print Name:
Title: City Secretary
Print Name:
Title: Mayor
Resolution No. 2014 -36(R) — Interlocal
Agreement Establishing the SECCEMSC Page 9 of 11
EXECUTED in multiple originals this day of , 2014
ATTEST:
DO
Carole Ehrlich, City Secretary
CITY OF WYLIE, TEXAS
:
Eric Hogue, Mayor
EXECUTED in multiple originals this day of 12014.
COLLIN COUNTY, TEXAS
an
ATTEST:
IIn
Keith Self, Judge
Resolution No. 2014 -36(R) — Interlocal
Agreement Establishing the SECCEMSC Page 10 of 11
"tar1.; s
Ambulance Back- Quarterly Back- Ambulance Back-up Quarterly Back-
Mernber Ambulance
Back-up Flo.ance Calls Ambulance
Back-up
Calls up Fees Payable to up Ambulance Fees(Annual) Payable up Ambulance
AmWylie Fees to Wylie Fees
2012 2013 2013-2014 2013-2014 2014-2015 2014-2015
Collin
County J_�-
0.
Wylie 453 285 $404,175.66 $101,043.92 $253,148.40 $63,287.10
Lavon 18 13 $16,059.96 $4,014.99 $11,547.12 $2,886.78
$11776.41
Totals 568 333 $506,781 $126,695 $295,783.92 $73,945.98
per
response) - . . -