Resolution 2020-46RESOLUTION NO. 2020-46(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 AND EMS SERVICES
WHEREAS, Wylie currently provides fire protection service and emergency medical
service ("EMS") within the corporate limits of County pursuant to a previous agreement between
the parties dated August 26, 2014; and
WHEREAS, County has expressed its desire for Wylie to continue providing such services
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, and
specifically Section 791.006(a) of the Texas Government Code, as amended; and
WHEREAS, the provision of such services is a governmental function that serves the
public health and welfare and is of mutual concern to the parties; and
WHEREAS, each party is capable of performing the services provided for in this
Agreement, and each party paying for the performance 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, 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 and EMS
Services.
SECTION 2: This Resolution shall take effect on October 1, 2020 and ends September 30,
2021 (the "Initial Term"). Upon the completion of the Initial Term, this Agreement shall
automatically renew for five (5) successive one (1) year periods (each a "Renewal Term"), unless
terminated earlier by either party in accordance with Section V., Termination, below.
Resolution No. 2020-46(R) — Interlocal Agreement for Fire Protection & EMS Services - Fire
Rockwall County & City of Wylie Page 1 of 3
RESOLVED THIS THE 25th day of August 2020.
Eric Hogue, M
ATTEST TO:
JP/MA
a
Stephanie Storm, City Secretary
Resolution No. 2020-46(R) — Interlocal Agreement for Fire Protection & EMS Services - Fire
Rockwall County & City of Wylie Page 2 of 3
EXHIBIT "A"
Interlocal Cooperation Agreement
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Rockwall County & City of Wylie Page 3 of 3
INTERLOCAL AGREEMENT BETWEEN THE CITY OF WYLIE AND THE COUNTY
OF ROCKWALL FOR FIRE PROTECTION AND EMS SERVICES
This Interlocal Agreement for Fire Protection and EMS Services, effective as of the 151 day
of October, 2020 ("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. Wylie and County are at times each referred to herein as a "party" or
collectively the "parties."
WHEREAS, Wylie currently provides fire protection service and emergency medical
service ("EMS") within the corporate limits of County pursuant to a previous agreement between
the parties dated August 26, 2014; and
WHEREAS, County has expressed its desire for Wylie to continue providing such services
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, and
specifically Section 791.006(a) of the Texas Government Code, as amended; and
WHEREAS, the provision of such services is a governmental function that serves the
public health and welfare and is of mutual concern to the parties; and
WHEREAS, each party is capable of performing the services provided for in this
Agreement, and each party paying for the performance 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 following mutual promises and covenants,
Wylie and County do hereby agree to the following:
I.
TERM
The term of this Agreement begins October 1, 2020 and ends September 30, 2021 (the "Initial
Term"). Upon the completion of the Initial Term, this Agreement shall automatically renew for
five (5) successive one (1) year periods (each a "Renewal Term"), unless terminated earlier by
either party in accordance with Section V., Termination, below.
II.
SCOPE OF SERVICES
Wylie agrees to be the primary provider of twenty-four (24) hour emergency fire protection and
EMS services for the benefit of County (collectively, "Services") outside the corporate limits of
Wylie and in that portion of 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 the Rockwall/Collin
County line on the north
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and more particularly described in Exhibit "A", attached hereto and incorporated herein for all
purposes ("Service Area"). The Services shall include, but are not limited to, responding to grass
fires, 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 Wylie
will meet or exceed all equipment and service standards established by the 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 the Services, as well as the number of personnel and the amount of equipment to be
sent, if any, in the event of the need for Services by County, shall be left to the discretion of the
Wylie Fire Rescue Department ("WFR"). The Services shall not be arbitrarily withheld, but it is
understood by the parties that unforeseen circumstances may arise which prevent Wylie from
providing Services at a particular time. Wylie shall restore such service with all reasonable speed
to the same level which existed prior to such unforeseen circumstances arising, if such should
arise. It is recognized that Wylie has the duty and responsibility of rendering Services to citizens
of both Wylie and County.
In the performance of the Services, Wylie shall have the sole responsibility and discretion to
determine the priorities in the dispatching and use of equipment and personnel. County
understands that the availability of WFR units will be subject to the demands within Wylie, which
will in all cases take priority, as well as other existing interlocal and mutual aid agreements. When
units from Wylie are unavailable or will have an anticipated delayed response time, Wylie will use
its best efforts to contact an alternate or auxiliary service provider to provide Services to County.
In such an event, County shall be solely responsible for paying any costs or fees assessed by any
such alternate or auxiliary service provider.
Wylie agrees that it will provide County with copies of Texas Fire Incident Report system
("TXFIR") reports on all fires within County to which Wylie responds on a quarterly basis or as
reasonably requested by County.
County shall be solely responsible for providing 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
In exchange for Wylie's agreement to provide Services to County during the Initial Term, County
agrees to pay to Wylie an amount for each Service call to which Wylie responds under this
Agreement equal to one thousand four hundred ninety five and 00/100 Dollars ($1,495.00) (the
"Service Call Rate") per Service call. The Service Call Rate may be adjusted on an annual basis.
If the Service Call Rate is adjusted by Wylie, Wylie shall provide County with thirty (30) days'
written notice of the adjustment to the Service Call Rate. Wylie shall invoice County on a quarterly
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basis for the actual Services performed for the previous quarter. County shall pay the amount(s)
due Wylie within thirty (30) days of receipt of each invoice.
V.
PATIENT CHARGES
Nothing in this Agreement shall prohibit or limit Wylie from separately billing and collecting
charges and expenses from persons to whom Services are provided under this Agreement
("Patients"). Wylie shall have sole discretion over the amount of any such charges or expenses
imposed on Patients. County shall have no authority over or responsibility for any Patient billing
or collection activities for Services provided by Wylie under this Agreement. The Patient charges
and expenses billed and/or collected by Wylie shall be in addition to, and shall not affect, County's
obligation to pay Wylie the amounts due under this Agreement.
VI.
FAILURE TO PAY
If County fails to fully pay any amounts due to Wylie under this Agreement, such failure shall
constitute a default ("Default"). In the event of a Default, and in its sole discretion, Wylie is
entitled to terminate this Agreement by providing County written notice of its intent to terminate.
In addition, Wylie may seek any and all other remedies available to it under the law.
VII.
TERMINATION
Either party may terminate this Agreement for any reason, with or without cause, by providing
sixty (60) days written notice to the other party. 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 for all such overcompensation. Acceptance of such reimbursement shall not
constitute a waiver of any claim that may otherwise arise out of this Agreement.
VIII.
IMMUNITY/INDEMNITY
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.
Pursuant to Section 791.006(a) of the Texas Government Code, as amended, each party shall be
solely responsible for any civil liability arising from furnishing or obtaining the Services
contemplated herein as fully and to the same extent as that party would have been responsible in
the absence of this Agreement. The parties understand and agree that if Wylie does not furnish
personnel, equipment or services to County after being notified of the need for such Services,
Wylie shall not be liable to County in damages or otherwise for the failure to furnish the same
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provided that Wylie used its best efforts to contact an alternate or auxiliary service provider to
provide Services to County.
County agrees that the acts or omissions of any person dispatched by Wylie pursuant to this
Agreement, travelling to or from said calls, or in any manner furnishing Services to County, outside
the city limits of Wylie, shall be considered to be the acts and agents of County in all respects,
notwithstanding that such person may be a regular employee or independent contractor of Wylie.
TO THE EXTENT ALLOWED BY LAW, COUNTY 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, 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, AND
REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OF WYLIE, ITS
OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES AND/OR EMPLOYEES.
THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
IX.
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.
X.
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. The venue of any dispute or matter
arising under this Agreement shall be in Collin County, Texas.
XI.
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.
XII.
ADDITIONAL AGREEMENTS
Wylie is not prohibited from entering into similar agreements with other governmental entities or
political subdivisions.
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XIII.
INDEPENDENT CONTRACTOR
Except as otherwise expressly provided herein, County 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.
XIV.
LEGAL CONSTRUCTION
This is a negotiated agreement, should any part of this Agreement be in dispute the parties stipulate
that the Agreement shall not be construed more favorably for either party.
XV.
NOTICE
Any notice provided or permitted to be given under this Agreement must be in writing and
may be served by depositing the same in the United States Mail, addressed to the party to be
notified, postage pre -paid and registered or certified with return receipt requested; electronic mail,
with documentation evidencing the addressee's receipt thereof; or by delivering the same in person
to such party via a hand -delivery service, 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 parties shall be as follows:
If to Wylie, addressed to it at:
City of Wylie
Attention: Chris Halsted, City Manager
300 Country Club Road
Wylie, TX 75098
Email: cholsted(iilwviietexas.gov
If to County, addressed to it at:
City of County
Attention:
Email:
XVI.
AUTHORITY TO EXECUTE
The undersigned officers 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
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resolutions extending said authority have been duly passed and approved and are now in full
force and effect.
XVII.
WAIVER
Waiver by either party of any breach of this Agreement, or the failure of either party to enforce
any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive
such party's right thereafter to enforce and compel strict compliance.
XVIII.
NO THIRD► PARTY BENEFICIARIES
Nothing in this Agreement shall be construed to create any right in any third party not a
signatory to this Agreement, and the parties do not intend to create any third party beneficiaries
by entering into this Agreement.
XIX.
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.
[Signature pages follow]
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AGREED:
City of Wylie, Texas,
a Texas home -rule municipality
City Manager Date
STATE OF TEXAS
§
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared
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
,2020.
Notary Public in and for the State of Texas
My Commission Expires:
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County of Rockwall, Texas
a Texas political subdivision
Rockwall County Judge Date
STATE OF TEXAS
COUNTY OF ROCKWALL
BEFORE ME, the undersigned authority, on this day personally appeared
known to me to be one of the persons whose names are subscribed to the foregoing instrument;
he/she acknowledged to me he/she is the duly authorized representative for ROCKWALL
COUNTY, TEXAS, and heishe executed said instrument for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,2020.
Notary Public in and for the State of Texas
My Commission Expires:
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Exhibit A
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