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R2019-132 2019-05-20 RESOLUTION NO. R2019-132 A Resolution of the City Council of the City of Pearland,Texas,authorizing the City Manager or his designee to enter into an Interlocal Agreement for Emergency Services with Brazoria County Emergency Services District No.4. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Interlocal Agreement for Emergency Services, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest an Interlocal Agreement for Emergency Services. PASSED, APPROVED and ADOPTED this the 20th day of May, A.D., 2019. •• z .)G>,v? TOM REID MAYOR ATTEST: ow 11111, .``QEp RL4,��% . iz) • UNG I -'TRM /� : = TY S RETARY APPROVED AS TO FORM: 1141 DARRIN M. COKER CITY ATTORNEY Resolution No. R2019-132 INTERLOCAL AGREEMENT FOR FIRE PROTECTION, FIRE SUPPRESSION, EMERGENCY MEDICAL AND RESCUE SERVICES This INTERLOCAL AGREEMENT FOR FIRE PROTECTION, FIRE SUPPRESSION, EMERGENCY MEDICAL AND RESCUE SERVICES (herein "Agreement") is entered into effective January 1, 2019, by and between BRAZORIA COUNTY EMERGENCY SERVICES DISTRICT NO. 4 ("DISTRICT"), a political subdivision of the State of Texas, organized and operating pursuant to the provisions of Section 48-e, Article III, of the Texas Constitution and Chapter 775 of the Health and Safety Code and THE CITY OF PEARLAND, TEXAS ("CITY"). WHEREAS, both the DISTRICT and CITY propose to enter into this Agreement pursuant to the Interlocal Cooperation Act, Chapter 791, of the Texas Government Code to allow CITY to perform certain governmental functions and services for DISTRICT, which shall be limited to: fire suppression services to protect life and property from fire, emergency medical and rescue services and all emergency services arising therefrom (collectively; "Emergency Services") to properties and persons located within the geographic boundaries of the DISTRICT; WHEREAS, the DISTRICT has been formed and is operating for the express purpose of facilitating the provision of Emergency Services for the District; WHEREAS, both the DISTRICT and CITY agree that the CITY's cost of Emergency Services exceeds the DISTRICT's statutory ability to create the revenue needed to pay the CITY in full for the CITY's cost of providing Emergency Services; WHEREAS, the DISTRICT desires to maximize its ability, as an Emergency Service District (ESD) in the State of Texas, by collecting a maximum 10 cents per $100 of appraised property values for the purpose of contracting for Emergency Services; WHEREAS, the DISTRICT anticipates collecting approximately $851,000, in tax revenue from 2019 property taxes, to be received by the District in tax year 2020, an amount subject to change; and WHEREAS, the CITY estimates its cost to provide Emergency Services to the DISTRICT is estimated to be $1,443,677.26. 1 NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficient of which are hereby acknowledged, DISTRICT and CITY hereby agree as follows: PARTIES Brazoria County Emergency Services District No. 4 ("DISTRICT") and the City of Pearland ("CITY") shall be the parties to this Agreement, with the CITY's Fire Department acting as the provider of Emergency Services on behalf of the CITY. CITY acknowledges and represents that it is familiar with boundaries of the DISTRICT and agrees to provide the Emergency Services to the DISTRICT in accordance with this Agreement. CITY and DISTRICT agree and acknowledge that CITY shall perform and deliver Emergency Services to the DISTRICT, strictly on the basis of the City's standards of practice and fire service delivery models. DISTRICT acknowledges that CITY is a home rule municipality that has Emergency Service obligations to its own incorporated area, and that any Emergency Services provided to the DISTRICT shall not be considered exclusive or primary, and such services shall be rendered in the context of the CITY's fire and emergency response protocols in effect from time to time, including CITY's use and reliance from time to time on mutual aid agreements with other governmental entities and/or fire departments. The Fire Chief of the CITY or his/her authorized designee shall be the liaison responsible for communication with DISTRICT. The President of the DISTRICT or his/her authorized designee of the District shall be the liaison responsible for communication with the CITY. II. TERM; EARLY TERMINATION The initial term of this Agreement shall be for a period of three (3) years, retroactively beginning January 1, 2019, and ending December 31, 2021 (the "Term"). This Agreement may be renewed by written agreement of the parties, provided the DISTRICT notifies the CITY of intent to renew this Agreement, not less than six(6) months prior to the end of the initial Term. Either party may terminate this Agreement, during the first or second year of the Term by providing the other party not less than twelve (12) months written notice. 2 III. TERMS OF COMPENSATION (a) During the Term of this Agreement, the payments for Emergency Services shall be paid by DISTRICT to CITY as follows: DISTRICT shall pay to CITY an amount equal to the total sum of taxes collected by the DISTRICT, minus the sum necessary to meet the DISTRICT'S annual budget ("Annual Payment for Services"). The Annual Payment for Services shall be received by CITY no later than March 31st of each year, for services rendered in the prior year. It is understood by the Parties that the Annual Payment for Services represents payment for services rendered in the calendar year prior to the date the payment is made to the CITY, which is retroactively inclusive of the 2019 calendar tax year (January 1, 2019 — December 31, 2019). (b) The DISTRICT agrees to set a tax rate not lower than 10 cents per$100 of appraised taxable value of the real property located within the DISTRICT's territory (Exhibit "A"). (c) The DISTRICT agrees to form and adopt an Annual Budget that consists of an Administrative Fund, an Emergency Services Fund, and a Contingency Fund. The DISTRICT shall pay CITY the entire amount budgeted in the Emergency Services Fund, which shall be the difference between the revenue from 10 cents per $100 of appraised taxable value of the real property located within the DISTRICT's territory (Exhibit "A") and the Administrative Fund. To that effect, the DISTRICT may retroactively allocate tax revenues collected for the 2019 tax year to be applied to the DISTRICT's administrative expenditures incurred in 2019 and 2020; not to exceed actual expenditures minus any contributions to the DISTRICT from other governmental entities. (d) The DISTRICT agrees that the budget for its Administrative Fund shall be restricted to: legal, accounting and bookkeeping fees and services, applicable professional development and training, insurance, and any reasonable costs for the establishment and implementation of a Contingency Fund, for which the annual budget contribution shall not exceed $15,000 and the cumulative fund balance shall not exceed $37,500 over the Term of the Agreement, and for expenditures limited to: the cost of professional fees. At the end of the Term, the Contingency Fund balance shall either: (a) be carried over for use by DISTRICT in the event the Agreement is renewed for an additional Term; or (b) be paid to CITY if the Agreement is not renewed or is terminated 3 by either party in accordance with Section II of this Agreement. If the Agreement is not renewed or if it is terminated, the remaining fund balance shall be paid to the City on or before the end Term or the effective termination date. The DISTRICT shall not allow interfund transfers between the Emergency Services Fund and any other Fund, in such a manner that would reduce the amount of the DISTRICT's adopted Emergency Services Fund. (e) In the event either CITY or DISTRICT terminates this Agreement during the Term, the compensation paid or due and payable to CITY shall be equal to the budgeted Emergency Services prorated for the period in which services are provided through the effective date of termination. (f) CITY shall maintain sole discretion over the expenditure of payments received under this Agreement, which shall be used solely for the Emergency Services. (g) CITY and DISTRICT acknowledge that the actual direct and overhead costs of providing Emergency Services to the DISTRICT may exceed the amount of the Payment for Services, but CITY will not require DISTRICT to pay the difference between actual costs of providing Emergency Services and the amount of the Annual Payment for Service. (h) CITY reserves the right to charge any resident, visitor or guest of the DISTRICT for ambulance transport and treatment fees and retain any and all proceeds collected from these billings. Ambulance billing revenues may be calculated only as part of determining actual cost of providing services and shall not, in any way, be a part of the Annual Payment for Services calculations of this Agreement. (i) No later than October 15th of each year, the CITY and DISTRICT shall provide the other party with its most recently adopted tax rate and fiscal year's budget. In addition, CITY shall provide the DISTRICT with detailed expenditures of all services provided by the Pearland Fire Department; including but not limited to any indirect costs other CITY departments incur. This report will include all expenditures and revenues used to calculate the DISTRICT's pro-rata share. Pro-rata share shall be defined as the DISTRICT's share of the adjusted net costs of the CITY's Fire Department, which includes: the CITY's Fire Department budget and indirect costs, as adopted by Pearland City Council; annualized payments of debt service for fire stations, apparatus and other capital outlays directly attributable to the CITY Fire Department; and deductions of 4 revenue from applicable Fire Department charges for service and miscellaneous income, including payments made to the CITY from this Agreement. The pro-rata share of costs to be charged to the DISTRICT will then be determined when the number of utility connections or properties within the service area including the CITY and all of the territories it serves, including the DISTRICT's territory, is divided by the number of utility connections or properties within the DISTRICT's territory, and the resulting percentage multiplied by the adjusted net costs of the CITY's Fire Department to calculate the end resulting pro-rata share of costs. IV. LIMITATIONS ON REPRESENTATIONS AND WARRANTIES CITY agrees to use its best efforts in carrying out its duties under this Agreement, and represents that the quality of the Emergency Services provided shall be the same Emergency Services provided in the CITY's incorporated limits. By providing Emergency Services as contemplated herein, CITY and DISTRICT (including their agents, officers or employees) do not waive their right to assert any available defense to liability, including any defense of immunity or limitation of liability as a political subdivision, including, but not limited to, the rights and/or defenses afforded by V.T.C.A., Civil Practice & Remedies Code, Subchapter B. Tort Liability of Governmental Units, Section 101.001, et seq. It is not the intention of the parties hereto to create a partnership or association. The duties and liabilities of CITY and DISTRICT are intended to be separate and not joint or collective. Nothing contained in this Agreement and in any agreement made pursuant hereto shall ever be construed to create a partnership or association or impose a partnership duty, obligation or liability with respect to any one or more of the parties hereto. This Agreement shall not be construed to operate as a merger, consolidation or annexation of one political subdivision by another, and the doctrines of Respondeat Superior shall not be applicable to the CITY, as the CITY will function as an independent contractor of the DISTRICT. Pursuant to Section 775.0366(d) of the Texas Health and Safety Code, the DISTRICT shall be responsible for any and all civil liability that arises from furnishing Emergency Services to the DISTRICT. 5 V. DUTIES AND RESPONSIBILITIES OF THE PARTIES (a) The CITY shall be the exclusive provider of Emergency Services to DISTRICT, as provided and subject to the limitations and provisions contained herein. DISTRICT acknowledges that CITY is a home rule municipality that has Emergency Service obligations to its own incorporated area, and that any Emergency Services provided to the DISTRICT shall not be considered exclusive or primary, and such services shall be rendered in the context of the City's fire and emergency response protocols in effect from time to time, including CITY's use and reliance from time to time on mutual aid agreements with other governmental entities and/or fire departments. (b) CITY shall provide the necessary personnel and equipment for providing Emergency Services to the DISTRICT in accordance with this Agreement and the operational standards and practices used by the CITY's Fire Department, and shall enter into and maintain reciprocal mutual aid agreements with surrounding governmental entities and/or fire departments when necessary or advisable. (d) CITY, by and through its Fire Chief, shall furnish DISTRICT on or about the 15th day of each month, a copy of the monthly reports listing the following: i. total number of responses to dispatched incident calls for service and medical transports made by Pearland Fire Department within the DISTRICT for the prior month, by type of call; and ii. the equipment dispatched within the DISTRICT for the prior month. (g) On a monthly basis, no less than three (3) business days prior to each of the DISTRICT's regular board meetings, the DISTRICT shall provide the CITY, through its Fire Chief, with a copy of its governing body meeting agenda. The CITY, at its discretion, may provide the DISTRICT with additional publicity of the DISTRICT's governing body meeting activities by posting such information on the CITY's website. (h) On a monthly basis, no less than twenty (20) business days following each of the DISTRICT's regular board meetings, DISTRICT shall provide CITY with DISTRICT's approved and/or adopted governing body meeting minutes, monthly financial statements, bookkeeping reports, any updates to its property tax roll, as well as an update of changes in any legal, administrative and/or governing body representatives. 6 (i) The DISTRICT agrees to use its best efforts to hold its monthly governing body meetings within, but not more than five (5) miles outside the DISTRICT's territorial boundaries The CITY agrees to use its best efforts to provide a meeting facility for the DISTRICT's governing body meetings if necessary. (j) CITY agrees to provide written notice to DISTRICT within five (5) days of any claim that has been submitted to CITY resulting from damage to property or a serious injury or fatality to a person directly related to Emergency Services provided by CITY. The notice shall provide a copy of the claim to the District. (k) Parties will make good faith efforts to issue joint statements for matters related to the Emergency Services provided in the DISTRICT or the Agreement made the basis of services. (I) The DISTRICT agrees to disannex land from its territory that becomes incorporated into the CITY limits, pursuant to Texas Health and Safety Code 775.022. (m) The DISTRICT will provide CITY with a separate public notice of any and all Public Hearings or other statutory requirements associated with its efforts to adopt a tax rate each year. VI. DISPATCH COOPERATION DISTRICT and CITY agree to cooperate in presenting any required documentation to the CITY's dispatching providers and any applicable emergency 9-1-1 service networks. VII. AUTOMATIC AMENDMENT This Agreement shall be amended to conform to any laws that are made applicable to CITY or DISTRICT. Should any of the provisions of this Agreement be in conflict, said provisions of this Agreement shall be amended to conform to state law. VIII. AMENDMENT BY MUTUAL AGREEMENT This Agreement may be amended only by the mutual signed and written agreement of the parties. IX. ASSIGNABILITY This Agreement shall not be assigned by CITY or DISTRICT. 7 X. MISCELLANEOUS If any term or provision of this Agreement shall be held invalid or unenforceable, then the remainder of the Agreement, other than the invalid unenforceable part, shall not be affected thereby and each other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. This Agreement is entered into for the sole benefit of the Parties signing this Agreement, and neither this Agreement not any provision hereof shall be construed or interpreted to provide any benefits to a third-party. This Agreement embodies the whole agreement of the parties and supersedes all previous communications, representations or agreements between the parties with respect to the matters contained herein. Xl. NOTICES All notices hereunder shall be in writing and delivered or sent Certified Mail, Return Receipt Requested to the parties at their addresses below: CITY: Darrin Coker, City Attorney City of Pearland 3519 Liberty Drive Pearland, TX 77581 DISTRICT: Jason M. Cordoba, Attorney at Law Cordoba Law Firm, P.L.L.C. 85 Oak Drive, Suite 102 Lake Jackson, Texas 77566 XII. VENUE AND CONTROLLING LAW The validity, interpretation, and performance of this Contract shall be governed by the laws of the State of Texas. This Agreement is performable in Brazoria County, Texas, and the sole and exclusive venue for any action arising out of the Agreement shall be in Brazoria County, Texas. 8 This Agreement is dated the day of , 2019, effective January 1, 2019. ATTES ED: BRAZORIA COUNTY EMERGENCY SERVICES DISTRICT NO. 4 By: By: i'"7 Lam.-z tc4- Print Name: . -' • :• • •- Print/Name: T1 C- Title: President Title: Se c +c+v7 . c D N0,II- ATTESTED: CITY OF PEARLAND, TEXAS By: Bye �Yr/ ;�-��C Print Name: Print Name: tjm Title: Title: Mayor 9 Exhibit "A" 10