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Resolution 2020-47RESOLUTION NO. 2020-47(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 TOWN OF ST. PAUL AND THE CITY OF WYLIE FOR FIRE PROTECTION AND EMS SERVICES WHEREAS, the City of Wylie Fire -Rescue ("WFR") currently provides fire protection service and emergency medical service ("EMS") within the corporate limits of St. Paul pursuant to a previous Interlocal Agreement Between City of Wylie and Town of St. Paul for Fire Protection Services entered into on October 1, 2008; and WHEREAS, St. Paul has expressed its desire for Wylie to continue providing such services to St. Paul and its citizens; and WHEREAS, Wylie and St. Paul 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 the Town of St. Paul 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 Teen, 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. 2020-47(R) — Interlocal Agreement for Fire Protection & EMS Services - Fire Town of St. Paul & City of Wylie Page 1 of 3 RESOLVED THIS THE 25th day of August 2020. Eric Hogue, Ma ATTEST TO: Stephanie Storm, City Secretary Resolution No. 2020-47(R) — Interlocal Agreement for Fire Protection & EMS Services - Fire Town of St. Paul & City of Wylie Page 2 of 3 EXHIBIT "A" Interlocal Cooperation Agreement Resolution No. 2020-47(R) — Interlocal Agreement for Fire Protection & EMS Services - Fire Town of St. Paul & City of Wylie Page 3 of 3 INTERLOCAL AGREEMENT BETWEEN THE CITY OF WYL!E AND THE TOWN OF ST. PAUL FOR FIRE PROTECTION AND EMS SERVICES This Interlocal Agreement for Fire Protection Services, effective as of the 1st day of October 2020 (the "Effective Date"), by and between the City of Wylie, Texas ("Wylie"), a home -rule municipality, acting herein by and through its Mayor as authorized by resolution of the Wylie City Council, and the Town of St. Paul, Collin County, Texas ("St. Paul"), a Type A General law city, acting herein by and through its Mayor as authorized by resolution of the St. Paul Town Council. Wylie and St. Paul are at times each referred to herein as a "party" or collectively the "parties? WHEREAS, the City of Wylie Fire -Rescue ("WFR") currently provides fire protection service and emergency medical service ("EMS") within the corporate limits of St. Paul pursuant to a previous Interlocal Agreement Between City of Wylie and Town of St. Paul for Fire Protection Services entered into on October 1, 2008; and WHEREAS, St. Paul has expressed its desire for Wylie to continue providing such services to St. Paul and its citizens; and WHEREAS, Wylie and St. Paul 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 St. Paul do hereby agree to the following: TERM The term of this Agreement begins October 1, 2020 arid 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. IL SCOPE OF SERVICES Wylie agrees to be the primary provider of twenty-four (24) hour emergency fire protection and EMS services (collectively, "Services") within the corporate limits of St. Paul. Wylie agrees that the fire protection service provided to St. Paul by WFR 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. Services shall include, but are not limited TM116631 to, responding to grass fires, structure fires, motor vehicle accidents, false alarms, and first - response emergency medical and rescue services. 111. PERFORMANCE OF SERVICES 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 St. Paul. 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. St. Paul 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 St. Paul through Wylie's existing mutual aid agreements and computer aided dispatching system. Wylie agrees that the WFR will provide St. Paul with copies of Texas Fire Incident Report system ("TXFIR") reports on all fires within St. Paul quarterly or as reasonably requested by St. Paul. St. Paul shall be solely responsible for providing WFR with a current town map ("Town Map"), and updating the Town Map as necessary to reflect new residents or the addition of new territory into St. Paul. At the sole discretion of Wylie, this Agreement may be terminated or renegotiated in the event St. Paul annexes additional territory into its corporate limits. III. PERFORMANCE OF SERVICES 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 St. Paul. 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. St. Paul 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 St. Paul. In such an event, St. Paul shall be solely responsible for paying any costs or fees assessed by any such alternate or auxiliary service provider. Wylie agrees that the WFR will provide St. Paul with copies of Texas Fire Incident Report system ("TXFIR") reports on all fires within St. Paul quarterly or as reasonably requested by St. Paul. St. Paul shall be solely responsible for providing WFR with a current town map ("Town Map"), and updating the Town Map as necessary to reflect new residents or the addition of new territory into TM116631 St. Paul. At the sole discretion of Wylie, this Agreement may be terminated or renegotiated in the event St. Paul annexes additional territory into its corporate limits. IV. COMPENSATION In exchange for Wylie's agreement to provide Services to St. Paul during the Primary Term, St. Paul agrees to pay 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 St. Paul with thirty (30) days' written notice of the adjustment to the Service Call Rate. Wylie shall invoice St. Paul on a quarterly basis for the actual Services performed for the previous quarter. St Paul 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. St. Paul 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, St. Paul's obligation to pay Wylie the amounts due under this Agreement. VI. FAILURE TO PAY If St. Paul 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 St. Paul 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, St. Paul 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 TM116631 It is expressly understood and agreed that, in the execution of this Agreement, neither Wylie nor St. Paul 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 St. Paul after being notified of the need for such Services, Wylie shall not be liable to St. Paul in damages or otherwise for the failure to furnish the same provided that Wylie used its best efforts to contact an alternate or auxiliary service provider to provide Services to St. Paul. St. Paul 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 St. Paul, outside the city limits of Wylie, shall be considered to be the acts and agents of St. Paul in all respects, notwithstanding that such person may be a regular employee or independent contractor of Wylie. TO THE EXTENT ALLOWED BY LAW, ST. PAUL 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 ST. PAUL, 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 St. Paul 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 St. Paul. 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. TM 116631 Xll. ADDITIONAL AGREEMENTS Wylie is not prohibited from entering into similar agreements with other governmental entities or political subdivisions. XIII. INDEPENDENT CONTRACTOR Except as otherwise expressly provided herein, St. Paul 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 Hoisted, City Manager 300 Country Club Road Wylie, TX 75098 Email: cholstedwvlietexas.gov If to St. Paul, addressed to it at: Town of St. Paul Attention: Bob London Town Secretary/Administrator St. Paul, Texas 75098 Email: Townhall©stpaultexas.us XVI. AUTHORITY TO EXECUTE TMI16631 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 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. City of Wylie, Texas Chris Hoisted, City Manager Date Town of St. Paul, Texas vid G-nsler, Mayor STATE OF TEXAS COUNTY OF COLLIN TM116631 § § Date BEFORE ME, the undersigned authority, on this day personally appeared Chris Hoisted.. known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me he is the duly authorized representative for the CITY OF WYLIE, TEXAS. and he 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: STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared David Gensler, 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 the ST. PAUL, TEXAS, and he/she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 13 day of SU y 2020. 4641116411bAbadbollead16/1641116/1611161116.11110 ROBERT A LONDON NCiNy ID *769314 My Conunisson Expires June 19, 2021 Alluellemeem4111.4111PRINOMP4111,4010411.011~.11..16 TM116631 Notary blic in and for the State of Texas My Commission Expires: /9- c;--) TOWN OF SAINT PAUL, TEXAS RESOLUTION NO. 20-7-13 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SAINT PAUL, TEXAS, AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL COOPERATION AGREEMENT WITH THE CITY OF WYLIE TO PROVIDE FIRE PROTECTION AND EMS SERVICE IN THE TOWN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Saint Paul ("Town") has requested the City of Wylie ("City") to provide fire protection and EMS services within the Town; and WHEREAS, the Town and the City have agreed that the City can. pursuant to the provisions of an interlocal cooperation agreement entered in accordance with Chapter 791 of the Texas Government Code. provide for such services and payment of the cost thereof; and WHEREAS, the Town Council of the Town of Saint Paul, having determined that the interlocal cooperation agreement presented by the City will provide a benefit to the Town and the health. safety and welfare of the citizens of Saint Paul, finds it to be in the public interest to enter the agreement with the City regarding the provision of fire protection and EMS services within the Town, NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF SAINT PAUL, TEXAS, THAT: SECTION 1. The Mayor is hereby authorized to sign on behalf of the Town the interlocal cooperation agreement with the City in the form attached hereto as Exhibit "A" and made part hereof for all purposes. which Agreement is in all respects approved by the Town Council. SECTION 2. This Resolution shall take effect immediately upon approral, and it is accordingly so resolved. Duly passed and approved by the Town Council rf the Town of Saint Paul, Texas. this 13th day of July 2020. ATTEST: Bob ()lion, Town Seer TM116631 Lary EXHIBIT "A"