THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON

Transcription

1 THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON INTERLOCAL AGREEMENT FOR FIRE PROTECTION AND EMERGENCY SERVICES BETWEEN THE CITY OF GEORGETOWN, TEXAS AND WILLIAMSON COUNTY EMERGENCY SERVICES DISTRICT NO. 8 This Interlocal Agreement (the "Agreement") is made and entered into by and between the CITY OF GEORGETOWN, TEXAS (the "City"), a home-rule municipal corporation of the State of Texas, and WILLIAMSON COUNTY EMERGENCY SERVICES DISTRICT NO. 8 (the "District"), a political subdivision of the State of Texas. The City and the District are herein referred to as "the Parties." WHEREAS, at an election held May 7, 2005, the voters within the boundaries of the District voted to establish the Williamson County Emergency Services District No.8, pursuant to Chapter 775 of the Texas Health and Safety Code, to provide fire protection and other emergency services to the residences and businesses within the District; and WHEREAS, Texas Health and Safety Code, Chapter 775, Section (a) (9), Section , and other applicable law authorizes the District to enter into contracts with municipalities for making emergency services available to the District; and WHEREAS, Texas Government Code, Chapter 791, Texas lnterlocal Cooperation Act, Sections 79l.003(3)(B), and (4)(A) allow local governments, including special districts, to contract with one another to perform governmental functions and services, including fire protection; and WHEREAS, the Board of Emergency Services Commissioners of the District desires to contract with the City to provide certain fire protection and emergency services to the residences and businesses located within the Williamson County Emergency Services District No. 8; and WHEREAS, entry into this Agreement would be mutually beneficial and not detrimental to the City; and WHEREAS, entry into this Agreement would be mutually beneficial and not detrimental to the District; NOW, THERFORE, for and in consideration of the mutual covenants and agreements included in this Agreement, the Parties agree as follows: Page 1

2 I. PURPOSE The purpose of this Agreement is to provide for certain fire protection and emergency services to the residences and businesses located within the District. II. TERM The Initial Term of this Agreement shall be for sixty (60) months beginning at 12:00 AM on October 1, 2013 through September 30, T his Agreement shall automatically renew after the Initial Term for successive one (1) year terms, unless terminated or a new agreement is entered into by the Parties. III. OBLIGATIONS OF THE CITY Section 3.1 In consideration for payment, and other consideration to be provided to the City under the terms of this Agreement, the City will provide Fire and Emergency Services within the District's legal boundary, as shown in the area map as Exhibit A attached hereto and incorporated herein by reference for all purposes ( Designated Area ). Fire and Emergency Services includes fire suppression, prevention of fire spread, hazardous materials control, rescue, and other emergency services to the public as necessary and as dispatched. Fire and Emergency Services also includes emergency medical first responder services as backup and support pursuant to the Williamson County Emergency Medical Services First Responder program. Section 3.2 The City shall provide the Fire and Emergency Services to the District on a 24-hour per day, 7-day per week basis. The City shall respond to the request for assistance to the Designated Area in the same manner it does to a request for assistance in the City limits. The City and the District may agree from time-totime on response protocols to particular requests for assistance so long as the response protocols apply equally to residents of the City and residents of the District. Section 3.3 The City will conduct at least one fire prevention workshop each year at the District s request. Each fire prevention workshop will be open and free of charge to advise and educate District residents on the causes and prevention of fires and to respond to any questions or inquiries about fire protection. IV. OBLIGATIONS OF THE DISTRICT Page 2

3 Section 4.1 The District shall pay the City for all of the City's staffing and operations costs, both fixed and variable, including operations, maintenance and capital facility or related debt costs, associated with providing Fire and Emergency Services to the District under the terms of this Agreement ( Contract Price ). The Contract Price for FY 2013/2014 is attached hereto as Exhibit C. The Contract Price shall be adjusted annually as necessary and upon the mutual written consent of the City and the District, and any adjustment to the Contract Price shall be set forth in an amended Exhibit C. Section 4.2 The District shall pay the Contract Price to the City in quarterly payments on January 10, April 10, July 10, and October 10. Payments shall be remitted to: Chief Financial Officer, City of Georgetown, P.O. Box 409, Georgetown, Texas Section 4.3 The City shall provide an accounting of costs for each year after final audited financial statements for that year are completed. The City shall credit the District, on a pro rata basis, for any unspent funds remaining in the adopted Fire Department budget applicable to this Agreement at the conclusion of each closed fiscal year. A credit due from the closed fiscal year shall be applied as an adjustment to the Contract Price in an amended Exhibit C for the next year after the closed fiscal year audit, or refunded to the District after termination or expiration of this Agreement. The District shall pay the City, on a pro rata basis, for funds spent in excess of the adopted Fire Department budget applicable to this Agreement at the conclusion of each closed fiscal year. Additional payment due from the closed fiscal year shall be applied as an adjustment to the Contract Price in an amended Exhibit C for the next year after the closed fiscal year audit, or paid to the City after termination or expiration of this Agreement. Section 4.4 The Parties acknowledge and agree that no adjustment to the Contract Price will be made for fiscal year 2013/2014 as the entire 2012 Fire Services budget was expended with no credit due to the District or additional payment due to the City. The Parties also acknowledge that an additional payment from the District is anticipated for fiscal year 2012/2013 that will result in an adjustment to the Contract Price for fiscal year 2014/2015. Section 4.5 The District acknowledges that the City may invest in capital infrastructure (fire stations), staffing and/or equipment in addition to or earlier than might have been required to serve only the incorporated limits of the City. The City acknowledges that the District may invest in capital infrastructure (fire stations), staffing and/or equipment in addition to or earlier than might have been required to serve only the District. In these circumstances, the Parties agree to amend this Agreement to provide for allocation and reimbursement of costs in the event this Agreement is terminated prior to expiration of the Initial Term. Section 4.6 The City will meet annually with the District Board to discuss planning and budget issues to accommodate the Designated Area for the following fiscal year. Page 3

4 V. EQUIPMENT AND PERSONNEL Section 5.1 The City agrees to provide the personnel necessary to accomplish the Fire and Emergency Services under this Agreement. The City shall remain responsible for the payment of all salaries, benefits, insurance or other funds necessary for the personnel who provide Fire and Emergency Services under this Agreement, as well as the certification, licensing, or other actions required by any governmental or regulatory authority, specifically including but not limited to the Texas Commission on Fire Protection and/or the Texas Department of State Health Services, for the Fire and Emergency services provided under this Agreement. City policies and procedures shall apply to City employees providing Fire and Emergency Services under this Agreement. The written policies and procedures will be made available to the District Board. Changes to the written policies and procedures will be at the sole discretion of the City Fire Chief. Section 5.2 The City agrees to provide the equipment, including firefighting equipment necessary to accomplish the Fire and Emergency Services required under this Agreement. The City shall remain responsible for registration, licensing, inspection, repair, maintenance, insuring, and operation of such equipment, and for any damages resulting: from the use of such equipment, including motor vehicles. Section 5.3 The Parties expressly acknowledge and agree that: 1) the District has no power to control or supervise the manner and means chosen by the City to carry out the Fire and Emergency Services specified in this Agreement; and 2) that the District shall not accrue or acquire any equity or ownership interest in any equipment or personnel provided by the City under this Agreement. VI. REPORTS The City will provide written reports to the District concerning the Fire and Emergency Services provided within the Designated Area at least quarterly and annually. The City will provide other information related to this Agreement as reasonably requested by the District. II. LIABILITY AND INDEMNIFICATION Section 7.1 The District agrees, to the extent permitted by law, to indemnify and save harmless the City and its officers and employees from all claims and liability due to activities of itself, its agents, or employees, performed under this Contract and which are caused by or result from error, omission, or negligent act of the District or of any Page 4

5 person employed by the District. The District shall also save harmless the City from any and all expense, including, but not limited to, attorney fees which may be incurred by the City in litigation or otherwise resisting said claim or liabilities which may be imposed on the City as a result of such activities by the District, its agents, or employees. This indemnity shall not include claims based upon or arising out of the willful misconduct of the City, its officers or employees. Further, this indemnity shall not require payment of a claim by City or its officers or employees as a condition precedent to City's recovery under this provision. Section 7.2 The City agrees to the extent permitted by law to indemnify and save harmless the District from all claims and liabilities due to activities of itself, its agents, or,employees, performed under this Contract and which are caused by or result from error, omission, or negligent act of the City or of any person employed by the City. The City shall also save harmless the District from any and all expense, including, but not limited to, attorney fees which may be imposed on the District as a result of such activities by the City, its agents, or employees. This indemnity shall not include claims based upon or arising out of the willful misconduct of District, its officers or employees. Further, this indemnity shall not require payment of a claim by District or its officers or employees as a condition precedent to the District's recovery under this provision. Section 7.3 The Parties expressly agree that, in the execution of this Agreement, neither Party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of its powers or functions or pursuant to the Texas Tort Claims Act or other applicable states, laws, rules, or regulations. Section 7.4 Specifically citing Texas Government Code Section (a-1), the parties agree that, for purposes of determining civil liability for non-party claims, the act of any person or persons while fighting fires, providing rescue services, providing first response EMS services, traveling to or from any type of emergency call or emergency scene, or in any manner furnishing services in accordance with this Agreement, shall be the act of the party performing such act. The payment of any and all civil or other liability, including negligence, resulting from the furnishing of services under this Agreement is the responsibility of the individual party performing such acts. This shall specifically include, but not be limited to, the payment of court costs, expenses, and attorneys fees resulting from any such claim or lawsuit. The parties agree that the assignment of liability described in this Section 9 is intended to be different than liability otherwise assigned under Section (a) of the Texas Government Code. VIII. TERMINATION Section 8.1 Termination for Convenience. The Parties may terminate this Agreement by mutual written agreement at any time. Either Party has the right Page 5

6 to terminate this Agreement for convenience and without cause at any time before the end of the Initial Term upon one hundred eighty (180) days' written notice to the other Party. Section 8.2 Termination for Cause. In the event of default of a Party, the non-defaulting Party has the right to terminate this Agreement for cause if the nondefaulting Party provides the defaulting Party with written notice of such default and the defaulting Party fails to cure such default to the satisfaction of the non-defaulting Party within sixty (60) business days of receipt of such notice, or a greater time if permitted in writing by the non-defaulting Party. The allegation of default shall not relieve either Party from its respective obligations under this Agreement until this Agreement is actually terminated. Section 8.3 Termination of this Agreement, whether for cause or for convenience, shall not relieve the District of its obligation to pay for Fire and Emergency Services which were provided prior to termination, on a pro-rated basis to the date of termination. Section 8.4 Upon Termination of this Agreement, whether for cause or for convenience any apparatus, equipment and supplies owned by the District and utilized by the City will be returned to the District, any apparatus, equipment and supplies owned by the City and utilized by the District will be returned to the City, unless the Parties enter into a written agreement otherwise. Section 8.5 Upon Termination of this Agreement, whether for caused or for convenience: 1) the City agrees to compensate the District for the costs incurred by the District resulting from termination, if any, and 2) the District agrees to compensate the City for costs incurred by the City resulting from termination, if any. The Parties agree that the terms and amounts of such compensation will be negotiated as part of the termination in accordance with Section 4.5. Section 8.6 The termination of this Agreement, whether for cause or for convenience, shall extinguish all other rights, duties, and obligations of the Parties to each other under this Agreement, except as provided otherwise in this Agreement or in a written termination agreement. IX. NOTICE All notices, demands and requests, including invoices which may be given or which are required to be given by either Party to the other, and any exercise of a right of termination provided by this Agreement, shall be in writing and shall be deemed effective when personally delivered or mailed as follows: Page 6

7 For City: and Fire Chief City of Georgetown P.O. Box409 Georgetown, Texas City Manager City of Georgetown P.O. Box 409 Georgetown, Texas For ESD: and and Board President Williamson County Emergency Services District # D.B. Wood Rd. Georgetown, Texas Board Vice President Williamson County Emergency Services District # D.B. Wood Rd. Georgetown, Texas Ken Campbell Burns, Anderson, Jury & Brenner, L.L.P Bell Mountain Drive #100 P.O. Box Austin, Texas Page 7

8 X. MUTUAL AID AND REVENUE RECOVERY Section 10.1 The City shall retain all rights in accordance with the Williamson County Fire Protection Agreement as set forth by the Commissioners Court of Williamson County. The City shall also retain the right to seek aid from other emergency service providers for alarms within the District s boundaries in accordance with other mutual aid interlocal agreements. The parties also agree that the City may render aid to other fire departments outside the District s boundaries. Such actions are outlined by separate mutual aid and/or auto-aid agreements and are performed within the protocols outlined in the agreements. Section 10.2 Pursuant to , et seq., Texas Health & Safety Code, the District or a person authorized by contract on the District s behalf may charge a reasonable fee for emergency services performed for or on behalf of a person or entity, including a fee for responding to a false alarm or for a fire code inspection. This Agreement authorizes the City to charge a reasonable fee for emergency services or other services allowed by law performed by the City in the District, but only to the extent set forth herein. The City shall have the right to recover partial cost through its billing for services program codified in Chapter 2.28 of the City Code of Ordinances for recovery against those who reside outside the District. The District agrees to adopt applicable rules and regulations in accordance with state law and consistent with the billing for fire services provisions of Chapter 2.28 of the City Code of Ordinances so that the City shall have the right to recover partial cost through its billing for services program for recovery against District residents, but only to the extent such partial costs are chargeable against a resident of the City. In no event shall the City invoice, charge, or bill any District resident for any Non-residential fire operations service fees ( Fees ) allowed for under Chapter 2.28 of the City Code of Ordinances for Level 0, Level 1, Level 2, or Level 3 incidents; however, the City may invoice, charge, or bill District resident for said Fees for Level 4 incidents, but only after such proposed invoice for Fees has been presented to and approved by the District s Board of Emergency Services Commissioners on a case-by-case basis by the City Any Fee(s) collected by the City or the District under this agreement shall be reported to the District and the net proceeds from the closed fiscal year are to be credited to the District in the subsequent fiscal year. XI. DISPUTE RESOLUTION If a dispute arises under this Agreement that the Parties are unable to resolve by agreement, the Parties agree to refer the dispute to mediation before filing a lawsuit. XII. MISCELLANEOUS PROVISIONS Page 8

9 No Third Party Beneficiaries. No term or provision of this Agreement is intended to, or shall, create any rights in any person, firm, corporation, or other entity not a party to this Agreement, and no such person or entity shall have any cause of action under this Agreement. No Other Relationship. No term or provision in this Agreement is intended, nor shall be construed, to create a partnership, joint venture, or agency arrangement between any of the Parties. Current Revenues. Pursuant to Section (d)(3) of the Texas Government Code, each Party performing services or furnishing aid pursuant to this Agreement shall do so with funds available from current revenues of the Party. No Party shall have any liability for the failure to appropriate funds to provide aid under this Agreement. No Waiver of Defenses. No Party to this Agreement waives or relinquishes any immunity or defense on behalf of itself, its officers, employees, and agents as a result of the execution of this Agreement and the performance of the covenants contained within this Agreement. Amendment. This Agreement may not be modified or amended except by written agreement approved by the governing bodies of each Party and duly executed by both Parties. Governing Law and Venue. The Parties agree that this Agreement, and all disputes arising under this Agreement, shall be governed by the laws of the State of Texas, and that exclusive venue for any action arising under this Agreement shall be in Williamson County, Texas. Force Majeure. Notwithstanding any other provisions of this Agreement to the contrary, no failure, delay or default in performance of any obligation hereunder shall constitute an event of default or a breach of this Agreement if such failure to perform, delay or default arises out of causes beyond the control and without the fault or negligence of the Party otherwise chargeable with failure, delay or default; including but not limited to acts of God, acts of public enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters or other casualties, strikes or other labor troubles, which in any way restrict the performance under this Agreement by the Parties. Entire Agreement. This Agreement constitutes the entire agreement of the Parties regarding the subject matter contained in this Agreement. Approval. This Agreement has been duly and properly approved by each Party's governing body and constitutes a binding obligation on each Party. Assignment. Neither Party may assign this Agreement or subcontract the performance of services without first obtaining the written consent of the other Party. Page 9

10 Non-Appropriation and Fiscal Funding. The obligations of the Parties under this Agreement do not constitute a general obligation or indebtedness of either Party for which such Party is obligated to levy, pledge, or collect any form of taxation, and such obligations may be terminated at the end of a Party's fiscal year if the governing body of such Party does not appropriate sufficient funds to continue the services provided under this Agreement. All funds to paid hereunder by either party shall be from current funds only. Non-Waiver. A Party s failure or delay to exercise a right or remedy does not constitute a waiver of the right or remedy. An exercise of a right or remedy under this Agreement does not preclude the exercise of another right or remedy. Rights and remedies under this Agreement are cumulative and are not exclusive of other rights or remedies provided by law. Paragraph Headings. The various paragraph headings are inserted for convenience of reference only, and shall not affect the meaning or interpretation of this Agreement or any section of this Agreement. Severability. The Parties agree that in the event any provision of this Agreement is declared invalid by a court of competent jurisdiction that part of the Agreement is severable and the decree shall not affect the remainder of the Agreement which shall be and continue in full force and effect. Open Meetings Act. The Parties hereby represent and affirm that this Agreement was adopted in an open meeting held in compliance with the Texas Open Meetings Act (Tex. Gov. Code, Ch. 551), as amended. Counterparts. This Agreement may be executed in multiple counterparts which, when taken together, shall be considered as one original. Effective Date. This Agreement is made to be effective on October 1, [Signatures on following pages] Page 10

11 Approved by the City Council, City of Georgetown, Texas, in its meeting held on the day of 2013, and executed by its authorized representative. CITY OF GEORGETOWN By: George G. Garver, Mayor ATTEST: By: Jessica Brettle, City Secretary APPROVED AS TO FORM: By: Bridget Chapman, Acting City Attorney Page 11

12 Approved by the Williamson County Emergency Services District No. 8 in its meeting held on the day of 2013, and executed by its authorized representative. WILLIAMSON COUNTY EMERGENCY SERVICES DISTRICT NO. 8 By:, President ATTEST: By:, Secretary APPROVED AS TO FORM: By: Ken Campbell, District s Attorney Page 12