Resolution 2016-19 RESOLUTION NO.2016-19(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 A MEMORANDUM OF UNDERSTANDING
BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE
FOR USE AND STORAGE OF COLLIN COUNTY'S
MOBILE INCIDENT COMMAND POST.
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, a Memorandum of
Understanding between Collin County and the City of Wylie for use and storage of Collin
County's Mobile Incident Command Post.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 9'h day of August,2016.
ERIC HOGUE, Pat)
ATTEST TO:
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C OLE EHRL , City Secretary
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Resolution No.2016-19(R)—
MICP/MOU Page 1 of 1
COLLIN
COUNTY
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF WYLIE, ACTING
BY AND THROUGH THE WYLIE FIRE
DEPARTMENT AND COLLIN COUNTY,
ACTING BY AND THROUGH THE COLLIN
COUNTY DEPARTMENT OF EMERGENCY
MANAGEMENT
Collin County Mobile Incident Command Post
(MICP)
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1890990
Whereas, the City of Wylie, Texas, acting by and through the Wylie Fire Department (hereinafter
referred to as "WFD"), and Collin County, Texas, acting by and through its Department of Emergency
Management (hereinafter referred to as "CCDEM"), find that WFD and CCDEM's respective
departmental missions to be congruent and their respective capabilities complementary in many respects;
and
Whereas, WFD and CCDEM have a mutual interest in protecting the residents of Collin County during
natural and man-made disaster,as well as,other emergency situations;and
Whereas, WFD and CCDEM have a mutual interest in providing the capability to respond the CCDEM
Mobile Incident Command Post ("MICP') in the event the MICP is requested. WFD further agrees to
house and store the MICP in its Fire Station No. Two at its expense until a response is necessary and will
provide delivery, set-up and communication services to requesting entities under the terms of this
Memorandum of Understanding.
THEREFORE, COLLIN COUNTY, TEXAS AND THE CITY OF WYLIE, TEXAS AGREE IN
THIS MEMORANDUM OF UNDERSTANDING AS FOLLOWS:
I. Term of agreement
The term of this Memorandum of Understanding shall be from July 1, 2016 and shall continue in
force and effect on a year-to-year basis thereafter until terminated utilizing the provisions set forth in
Section Five(5)herein titled"Procedures for Amendments and Termination."
II. Services to be Provided
For the purpose of this Memorandum of Understanding, each party will provide the following MICP-
related services on an as-needed basis during the term of this Memorandum of Understanding, except
where specifically noted otherwise:
A. By WFD on behalf of the City of Wylie:
1. Provide personnel as needed to deliver, set-up and assist with needs regarding the MICP for the
duration of the requested response. R
2. Provide leadership person for assuming a command and control position and take responsibility
for the MICP pre-and post-incident.
3. Provide statistical information regarding service runs in Collin County.
4. Provide a current inventory list of all equipment assigned to the MICP that is owned by WFD.
5. Respect and conform to the MICP-related operational protocols of CCDEM and maintain
response,use and inventory records to the CCDEM.
6. Provide for housing and storage of the MICP in WFD Fire Station No. Two and any related
ancillary equipment at all times when not being used for an emergency response.
7. Provide training to all members of WFD who are attached to MICP responses to include TCFP
certifications for Drivers and communications certifications for Communications Operators.
8. Maintain MICP and related ancillary equipment at all times for the term of this Memorandum of
Understanding and make it readily available as a first response vehicle at all times of the day,
night,or week.
9. Coordinate and provide MICP-related staff training and coordinate and provide continuing
education for all WFD personnel on a routine basis.
10. Be competent in establishing communications utilizing equipment on MICP.
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1890990
11. Follow MICP instrument safety guidelines and manufacturer's guidelines.
12. Repair or replace any equipment on the MICP that is damaged when under WFD's care at its sole
cost and expense or,at WFD's option,using WFD applicable insurance/City of Wylie's insurance
or Risk Management program to subrogate expenses for any damage that occurs to the equipment
on the MICP or ancillary equipment when under WFD's care.
13. Determine, coordinate and utilize best practices for deployment and response of MICP to
requested incidents.
By CCDEM on behalf of Collin County:
1. Provide regularly scheduled maintenance and repair to the MICP.
2. Meet regularly with representatives of WFD to coordinate efforts on requested MICP-related
responses.
3. Provide the most current.equipment and inventory in the possession of CCDEM that is owned by
CCDEM and assigned to the MICP.
4. Continue to seek grants and/or funds for MICP equipment, or the repair or maintenance of the
MICP:
5. Repair or replace the MICP and.any equipment on the MICP that is damaged when under
CCDEM's care at its sole cost and expense .or, at CCDEM's option, using CCDEM/Collin
County's applicable insurance. or Risk Management program, to subrogate expenses for any
damage that occurs to the MICP or ancillary equipment when under CCDEM care or operation.
M.Exchange of Information
Information acquired by either WFD or CCDEM regarding citizens, community or businesses to be
served and that is related to the WFD's or CCDEM's functions and responsibilities will be made
mutually accessible by the parties to provide an integrated approach to fire department support and to
avoid unnecessary duplication of services.
This information will be shared only to the extent permitted by regulations requiring confidentiality
of participant records. WFD and CCDEM will cooperate in sharing information on the status and
outcome of services provided to the extent allowed by applicable law.
WFD and CCDEM representatives will conduct quarterly meetings and in addition agree to meet as
needed to discuss public safety issues and matters regarding responses, needs, inventory and other
subject matters as is necessary to carry out the intent of this Memorandum of Understanding and the
parties' objectives..
IV.Evaluation and Review ~
In order to provide a vehicle for on-going evaluation, review, and discussion of operational issues,
both parties agree to communicate on a quarterly basis, or more often as is necessary to discuss issues
related to the implementation of this Memorandum of Understanding.
V. Procedures for Amendments and Termination
1. This Memorandum of Understanding may be amended by the mutual written consent of both
parties. In addition, this Memorandum of Understanding and any amendments thereof shall
remain in effect until terminated by either party upon providing at least ninety (90) days written
notice of termination to the other party.
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2. In addition to the foregoing, Collin County or CCDEM may immediately terminate this
Memorandum of Understanding in the event the County or CCDEM determines in its sole
discretion there exist circumstances of breach of this Memorandum of Understanding, misuse of
the MICP, unsafe driving, or for a failure to report accidents or provide records regarding the
WFD's use of the MICP. In addition to the foregoing, the City of Wylie or WFD may
immediately terminate this Memorandum of Understanding in the event the City of Wylie or
WFD determines in its sole discretion there exist circumstances of breach of this Memorandum of
Understanding.
VI.Insurance
1. Worker's Compensation Coverage. Each party shall be responsible for its own actions and those
of its employees and is responsible for complying with the Texas Workers' Compensation Act.
2. Automobile Liability Coverage. Collin County shall be responsible for complying with the Texas
motor vehicle financial responsibility laws as they relate to the MICP.
3. Liability. To the extent permitted by law and without waiving sovereign immunity, each party
shall be responsible for any and all claims, demands, suits, actions, damages, and causes for
action related to or arising out of or in any way connected with its own actions,and the actions of
its personnel in providing services pursuant to the terms and conditions of this Memorandum of
Understanding. Each party agrees to maintain general liability insurance or a comparable self-
insurance program.
4. Other Coverage. Each party shall provide and maintain its standard packages of medical and
death benefit insurance coverage or comparable self-insurance program.
VII.Miscellaneous
1. Address of asset location: 555 Country Club Dr.,Wylie,TX 75098.
2. Sovereign Immunity. It is expressly understood and agreed that, in the execution and
performance of this Memorandum of Understanding, the parties have not waived, nor shall be
deemed hereby to have waived, any immunity, governmental, sovereign and/or official, or
defense that would otherwise be available to them against claims arising in the exercise of
governmental powers and functions. By entering into this Memorandum of Understanding, the
parties do not create any obligations,express or implied, other than those set forth herein.
3. Indgendent Contractor. Except as otherwise expressly provided herein, the parties agree and
acknowledge that each entity is not an agent of the other entity and that each entity is responsible
for its own acts, forbearance, negligence and deeds, and for those of its agents or employees in
conjunction with the performance of work covered under this Memorandum of Understanding.
4. No Third Party Beneficiaries. Nothing in this Memorandum of Understanding shall be construed
to create any right in any third party not a signatory to this Memorandum of Understanding, and
the parties do not intend to create any third party beneficiaries by entering into this Memorandum
of Understanding.
5. Assignment. This Memorandum of Understanding is not assignable.
6. Entire Agreement. This Memorandum of Understanding represents the entire and integrated
agreement between the parties and supersedes all prior negotiations, representations and/or
agreements,either written or oral. This Memorandum of Understanding may be amended only by
written instrument duly executed by both parties.
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In witness whereof the parties hereto have affixed their signatures as written below:
Collin County,Texas
Keith Self, Date
County Judge
Attest:
Collin County Clerk
City of Wylie,Texas
Mindy Manson Date
City Manager
Attest:
City Secretary
Acknowledged and Approved
Collin County Department of Emergency Management
James McCrone Date
Director of Emergency Management
Wylie Fire Department
Brent Parker,Chief Date
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