Resolution 2018-29RESOLUTION NO. 2018-29(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
CITY OF LUCAS 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 City of LUCAS and the City of WYLIE, Texas for the performance of
governmental functions and services, specifically, emergency dispatch services associated with
0 fire rescue, and emergency medical services first responder general fire services..
I
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 14 1h day of August, 2018.
ATTEST TO:
n Aj
"i lit A
STEN LANIE STORM, City Secretary
Resolution No. 2018-29(R)
Interlocal Agreement by and between the
City of LUCAS and the City of Wylie
for Dispatch Services.
E C HOG "ay(
OF
-
Cap --
Page I of I
City of Wyfic
tnLerjocaj for Com-umcatmns and D-spatch Semces
Contract No. 175
INTERLOCAL AGREEMENT FOR
COMMUNICATIONS CENTER AND DISPATCH SERVICES
This Interlocal Agreement for Communications Center and Dispatch Services
("Ageement' ) is entered into by and between the City of Wylie, Texas, a home -rule
municipality ("Wylie") and the City of Lucas, Texas, a home -rule municipality ("jucas").
Wylie and Lucas are at times each referred to herein as a "party" or collectively as the "parties."
WHEREAS, Wylie has established a comprehensive regional public safety and public
service communications and dispatch center ("Communications Center"); and
WHEREAS, Wylie's Communications Center is equipped with radio, telephone and data
equipment and is designated as a 911 emergency communications Public Safety Answering Point
C'LSAP"); and
WHEREAS, Wylie currently has equipment and operator capacity above and beyond the
immediate needs of Wylie and has offered to make such equipment and operators available ta
address the regional communications/dispatch needs for the purpose of local governmentlagency
communications; and
WHEREAS, Wylie has determined that it is in the best interests of the public to share its
communication facility, equipment and personnel capabilities with cities, towns, fire
departments, emergency medical care providers and other governmental entities in order to
facilitate more effective and efficient use of the Communications Center, and
WHEREAS, Lucas has requested that Wylie provide communications and dispatch
services to Lucas, and Wylie has agreed to provide such services under the tenns and conditions
of this Agreement and pursuant to the provisions of Chapter 791 of the Texas Government Code
(otherwise known as the Interlocal Cooperation Act) and specifically Section 791.006(a) of the
Texas Government Code, as amended; and
WHEREAS, the provision of communications and dispatch services is a governmental
function that serves the public health and welfare and is of mutual concern to the parties; and
WHEREAS, Wylie and Lucas deern it to be in the best interest of both parties to enter
into this Agreement; and
WHEREAS, each party paying for the perfbrmance of governmental functions or services
is making those payments from current revenues available to the paying party and all payments
are in an amount that fairly compensates the performing party for the services or functions
performed under this Agreement
NOW, THEREFORE, in consideration of the mutual covenants contained herein, Wylie
and Lucas hereby agree as follows:
1 PerfOrmance of ServiSes.
a. Wylie shall provide to Lucas, on a non-exclusive basis, communication and
Interlocal Agreement ror Communications Center and Dispatch Services Page 1
2474110
dispatch services through its Communications Center for the following
emergencies: fire, medical, weather, hazardous materials and other general civil
emergencies (collectively, "Services'). In order to facilitate the Services, Lucas
shall provide to Wylie's communications personnel, on a continuing basis, all
necessary street, apparatus and response information, as well as all necessary
dispatching information unique to Lucas' operations.
b. Without waiving any governmental immunity to which it is entitled, Wylie agrees
to and accepts fidl responsibility for the acts, negligence and/or omissions of all
Wylie employees and agents in connection with the performance of the Services.
C. Without waiving any governmental immunity to which it is entitled, Lucas agrees
to and accepts full responsibility for the acts, negligerice and/or omissions of all
Lucas employees and agents. It is also the responsibility of Lucas to ensure that its
use of the Communications Center conforms to all Federal Communications
Conunission rules and regulations.
d. On an ongoing basis, Wylie and Lucas agree to provide complete and adequate
training to personnel selected by Lucas and/or Wylie in the use of the
Communications Center.
e. it is specifically agreed and understood by the parties hereto that this Agr=ment
is permissive only and no property rights are graTited hereunder.
f In the event Lucas or Wylie should fail to fulfill any of its obligations hereunder
or shall violate any municipal, county, state or federal law, the other party shall
have the option of terminating this Agreement by giving written notice of such
violation and intent to terminate thirty (30) days in advance of the effective date
of the termination.
9. Correspondence, comments, requests, and complaints regarding Services rendered
under this Agreement shall be reduced to writing and forwarded to the persons
designated below. Failure to properly forward comments, requests, demands, and
complaints may be considered as sufficient cause to tcnninate this Agreement
under Section 1(f) above.
h. The Services shall not arbitrarily be withheld, but it is understood by the parties
that unforeseen circumstances may arise which prevent Wylie from providing
Services at a particular time. It is recognized that Wylie has the duty and
responsibility of rendering Services to citizens of both Wylie and Lucas. En the
performance of the Services, Wylie shall have the sole responsibility and
discretion to determine priorities in the dispatching and use of equipment and
personnel.
Interlocal Agreement for Communications Center and Dispatch Services Page 2
2474 L 10
2. Term. The term of this Agreement sball commence on October 1, 2018 and shall
terminate one (1) year thereafter ("PrimM Term" ), unless terminated earlier in accordance with
this Agreement. Upon the completion of the Primary Term, this Agreement shall automatically
renew for five (5) successive one (1) year periods ("Renewal Terms"), unless terminated earlier
by either party in accordance with this Agreement.
3. Terndnation. This Agreement may be terminated on the occurrence of either of the
following:
a. Either party may terminate the Agreement by providing the other party written notice
of termination at least ninety (90) days prior to the anticipated date of termination; or
b. Mutual agreement of termination of the Agrccmen� executed in writing by both
parties, without the requisite ninety (90) days prior written notice.
In the event of a termination, Wylie shall be compensated on a pro-rata basis for all Services
performed to the termination date. In the event of termination, should Wylie be over-
compensated on a pro-rata basis for all Services performed to the termination date, Lucas shall
be reimbursed on a pro-rata. basis for all such over -compensation. Receipt of payment and/or
reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this
Agreement. At the sole discretion of Wylie, this Agreement may be terminated or renegotiated
in the event Lucas annexes additional territory into its corporate limits and/or increases the area
the Lucas services. Immediately upon the completion of any annexation proceedings, Lucas shall
notify Wylie of the annexation, in writing, and provide Wylie with a legal description of the
annexed area.
4. Compensation,. Lucas, out of current revenues available to it, shall pay to Wylie the
amount of seventy-eight thousand four hundred fifty-four and 3 1 /100 dollars (S78,454.3 1) as
compensation for Wylie's provision of the Services during the Primary Term and each Renewal
Term of this Agreement except as otherwise provided in this Section. Such amount is based
upon the costs incurred by Wylie in order to fulfill Wylie's obligations under this Agreement
("Compensation Amount"). Lucas shall pay the Compensation Amount to Wylie net 30 days of
date on the invoice during the Primary Term and each Renewal Term of this Agreement
For any Renewal Term, the Compensation Amount shall be adjusted to an amount equal
to the sum of Wylie's annual costs to cover: (i) the base pay rate for an entry-level dispatcher
increased by any costs of living and/or average merit pay increases that are budgeted for the
upcoming fiscal year; (ii) such dispatcher's expected overtime pay; and (iii) employee benefits
normally provided to such a dispatcher position by Wylie that are separate and apart from pay
rate and overtime pay. During each Renewal Tenn, Lucas shall pay to Wylie an annual fee, in
addition to the Compensation Amount, for administrative services in the amount of ten percent
(10%) of the Compensation Amount. The formula for determining the Compensation Amount
shall be reviewed by Wylie and Lucas during each Renewal Term of this Agreement for possible
adjustments, but Wylie shall have the final determination as to the Compensation Amount for
each successive term of this Agreement. All payments due to Wylie under this Agreement shall
be net 30 days from the date on the invoice during the Primary Term and each Renewal Term of
this Agreement.
Interlocal Agreement for Communications Center and Dispatch Services Page 3
2474110
So that Wylie and all entities or agencies participating in the Communications Center
may have projected cost estimates in advance of the normal municipal budgeting cycle, Wylie
shall evaluate and determine the estimated cost for participation for the next fiscal year with this
estimate to include the annual service fees and rate increases, based on this annual review, to be
determined by Wylie prior to April I st of each year and shall be effective for Services received
after October I st, the beginning of a new fiscal year for Wylie of each year. Wylie shall notify
Lucas of any rate increases for Services performed or in the annual service fee by certified mail,
mailed to the person designated in this Agreement to receive such notices, on or before April I st
of each year. To the extent that the total amount of any such increases communicated by Wylie,
including both the Compensation Amount and the ten percent (10%) fee for administrative
services, would be in excess of fifteen percent (15%) of the full amount of Lucas's payment due
for the then -current t=, Lucas may, at its discretion, elect to terminate this Agreement by
providing Wylie written notice of termination at least ninety (90) days before the start of the
successive Renewal Term. In such an event� this Agreement shall be deemed to terminate
immediately before said Renewal Term would have commenced and the parties shall have no
further obligations under this Agreement.
The Compensation Amount due for any term of this Agreement shall be prorated in the
event a party elects to terminate this Agreement in accordance with the terms of this Agreement
prior to the expiration of the then -current term.
Notwithstanding anything to the contrary in this Agreement and in addition to the
Compensation Amount and any other fees required under this Agreement Lucas shall pay all
expenses for operation and maintenance of any equipment of facilities installed and operated at
the Communications Center for the use of Lucas. Radio equipment transmitting on frequencies
used by Lucas or its service area is an example of the types of equipment or facilities that fall
into this category for determination of costs.
5. MisceHaneous Provisions.
a. Consideration.
This Agreement contains the entire agreement of the parties with respect to the
matters contained herein and may not be modified or terminated except upon the
provisions hereof or by the mutual written agreement of the parties hereto.
b. Indemnity. To THE ExTENT PERmiTTED BY LAW AND WITHOUT WAIVING
SOVEREIGN bim-uNiTY, LUCAS SHALL DEFEND, RELEASE, 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, Amsm OUT OF LUCAS' PERFORMANCE UNDER THIS
AGREEMENT, INCLUDING, BUT NOT Limnml) TO, THE INTENTIONAL OR
NEGLIGENT ACTS AND/OR OM[ISSIONS OF LUCAS, ITS OFFICERS, AGENTS,
SERVANTS, REPRESENTATIVES AND/OR EM[PLOYEES, AND REGARDLESS OF THE
JOINT OR CONCURRENT NEGLIGENCE OF WYLIE, ITS OFFICERS, AGENTS,
SERVANTS, REPRESENTATIVES ANDIOR EMPLOYEES. THIS PARAGRAPH SHALL
SURVIVE TERMINATION OF THIS AGREEMENT.
Interiocal Agreement for Communications Center and Dispatch Services Page 4
247$110
C. Notice. Any notice provided or permitted to be given under this Agreement must
be in writing and may be served by depositing same in the United States mail,
addressed to the party to be notified, postage pre -paid and registered or certified
with return receipt requested, or be delivered the same in person to such party via
a hand-dclivery service, Federal Express or any courier service that provides a
return receipt showing the date of actual delivery of same to the addressee thereof
Notice given in accordance herewith shall be effective upon receipt at the address
of the addressee. For purposes of notification, the addresses of the partiesshall be
as follows:
If to Lucas, to: City of Lucas
Attn: Joni Clarke, City Manager
165 Country Club Road
Lucas, Texas 75002
If to Wylie, to: City of Wylie
Attn: Brent Parker, Fire Chief
300 Country Club Road
Wylie, Texas 75098
d. Entire Agreemen . 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.
e. Venue and 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, and both parties agree that venue shall be in Collin County,
Texas.
Binding -Effect. This Agreement shall be binding on and inure to the benefit of
the Parties and theft respective heirs, executors, administrators, legal
representatives, successors, and assigns when permitted by this Agreement.
9- Authority to Execute. The individuals executing this Agreement on behalf of the
respective parties below represent to each other and to others that all appropriate
and necessary action has been taken to authorize the individual who is executing
this Agreement to do so for and on behalf of the party for which his or her
signature appears, that there are no other parties or entities required to execute this
Agreement in order for the same to be an authorized and binding agreement on
the party for whom the individual is signing this Agreement and that each
individual affixing his or her signature hereto is authorized to do so, and such
authorization is valid and effective on the date hereof
b. Severabili . The provisions of this Agreement are severable. In the event that
any paragraph, section, subdivision, sentence, clause or phrase of this Agreement
shall be found to be contrary to the law, or contrary to any rule or regulation
Interlocal Agreement for Communications Center and Dispatch Services Page 5
2474110
having the force and effect of the law, such decisions shall not affect the
remaining portions of this Agreement. However, upon the occurrence of such
event� either party may terminate this Agreement by giving the other party fifteen
(15) days written notice of its intent to terminate.
i. Amendments. Wylie and Lucas may amend this Agreement only by an
instrument in writing.
MultiRle Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deeined 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.
k. Assignm . This Agreement is not assignable.
Immuni . It is expressly understood and agreed that, in the execution and
performance of this Agreement; 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 gov�rmnental powers and functions. By entering into this Agreement�
the parties do not create any obligations, express or implied, other than those set
forth herein.
M. Rgresentations. 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. 0
n- 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 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.
0. frifterident -Contractor. Except as otherwise expressly provided herein, Lucas
and Wylie 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 Agreement.
P. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to
create any right in any third party not a signatory to this Agmement, and the
parties do not iTitend to create any third party beneficiaries by entering into this
Agreement.
[Signature pagefollows, 1 0
Interlocal Agreement for Communications Center and Dispatch Services Page 6
2474110
I
I
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to be effective when all the parties have signed it.
CITY OF LUCAS, TEXAS
Joni Civii, City Mana er
Dat&,,' JT7
z4e:
FAIMA-11-9
Stacy e erson, City Secretary
ntd
Date. 4�
APPROVED AS TO FORM:
4LIA, a- 71X- t -
Jog Gokida Jr., tity Adarney '
CITY OF WYLIE, TEXAS
Mindy Manson, City Manager
Date:
ATTEST:
Stephanie Storm, City Secretary
APPROVED AS TO FORM:
04��-
Abeffiathy Roeder Boyd & Hullett, P.C.
Ryan D. Pittman, City Attorneys
Interfocal Agreement for Communications Center and Dispatch Services
2474110
Page 7