R2021-282 2021-12-13 RESOLUTION NO. R2021-282
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 13th day of December, A.D., 2021.
________________________________
J. KEVIN COLE
MAYOR
ATTEST:
________________________________
CRYSTAL ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
DocuSign Envelope ID: 0EA008DD-DB47-47CA-9948-9BAD84329247
DocuSign Envelope ID: 90AB911F-9160-4E15-BDCD-8EE3C071A02B
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 December 13, 2021, 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 Ill 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 lnterlocal Cooperation Act, Chapter 791 of the Texas Government Code and Section
775.0366 of the Health and Safety 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 (collectively; DISTRICT TERRITORY attached hereto
as Exhibit "A");
WHEREAS, Brazoria County Emergency Services District No. 4 has been formed and is
operating for the express purpose of facilitating the provision of Emergency Services for the
DISTRICT TERRITORY;
WHEREAS, both the DISTRICT and CITY agree that the CITY's cost of providing
Emergency Services for the DISTRICT TERRITORY may exceed the DISTRICT's annual
statutory authority to impose a maximum ad valorem tax pursuant to Section 775.074 of the Texas
Health and Safety Code; and
WHEREAS, the DISTRICT desires to pay the City for Emergency Services for the
DISTRICT TERRITORY by proposing to annually impose a maximum ad valorem tax rate of 10
cents per $100 of assessed valuation.
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:
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I.
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 five (5) years, ending September
30, 2026 (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 6 months
prior to the end of the initial Term. Either party may terminate this Agreement, during the first four
years of the Term by providing the other party not less than twelve (12) months written notice.
Non-renewal of the Agreement shall be the methodology for termination of the Agreement during
year five (5).
Ill.
TERMS OF COMPENSATION
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
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of taxes collected by the DISTRICT, minus the sum necessary to meet the DISTRICT'S annual
budget ("Annual Payment for Services").
a) 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 TERRITORY, if the
adoption of such a tax rate would not trigger an automatic rollback election under current
tax laws.
b) The DISTRICT agrees to form and adopt an Annual Budget that consists of an
Administrative Fund, an Emergency Services Fund, and a Contingency Fund.
c) The DISTRICT shall make Annual Payments for Services to the CITY beginning no later
than March 31 of each calendar year, which will include all tax revenue collected from the
prior property tax year, minus the amount budgeted by DISTRICT in its Administrative
Fund and its Contingency Fund .. The following formula shall be used to calculate
payments:
i. Add the Total Property Tax Revenue Collected;
ii. Subtract the Total Administrative Budget Adopted by the DISTRICT;
iii. Subtract the Total Contingency Fund allowance per the Agreement; all of
which will
iv. Total the Amount Payable to CITY.
d) The Parties agree to conduct an annual reconciliation of any funds that may be considered
to be outstanding Annual Payments no later than 90 days after the end of each fiscal year .
The amount of remaining funds calculated from the annual reconciliation shall be paid to
the CITY by DISTRICT on or before January 15th of each calendar year during the Term,
and will include any unspent portion of the DISTRICT Administrative Fund and
Contingency Fund from the prior fiscal year. The following formula shall be used to
calculate this payment amount:
i. Add the Total Unexpended Property Tax Revenue Collected by the
DISTRICT, unpaid to the CITY;
ii. Subtract unspent Administrative Fund/Budget;
iii. Subtract unspent Contingency Fund/Budget; all of which will
iv. Total the Amount Payable to the City.
e) The DISTRICT agrees that the budget for its Administrative Fund shall be restricted to:
reasonable administrative costs, supplies and materials, legal, accounting and
bookkeeping fees, other professional services, applicable professional development and
training, insurance, and any reasonable costs for the establishment and implementation
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of a Contingency Fund for emergencies, exigencies, elections and/or unbudgeted
expenses required by State law, in which the annual budget Contingency Fund
contribution cannot exceed $15,000. The DISTRICT agrees to prohibit any and all
interfund transfers between the Emergency Services Fund and either of the other Funds,
that reduce the amount of the DISTRICT's adopted Emergency Services Fund budget,
while this Agreement is in place, charging and booking all Contingency Fund transactions
directly to the accounts in the Contingency Fund.
f) In the event either CITY or DISTRICT terminates this Agreement during the Term, the
compensation paid or due and payable to CITY shall be made in accordance with Section
111 of this Agreement in its entirety.
g) CITY shall maintain sole discretion over the expenditure of payments received under this
Agreement, which shall be used solely for the Emergency Services.
h) 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.
i) CITY reserves the right to charge any resident, visitor or guest of the DISTRICT for
ambulance transport and treatment fees no more than it would charge the same of any
resident, visitor or guest of the City 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.
j) Upon request by the DISTRICT, the 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;
deductions of revenue from applicable Fire Department charges for service and
miscellaneous income, including payments made to the CITY from this Agreement. The
pro-rata share is 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
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DISTRICT TERRITORY, is divided by the number of utility connections or properties within
the DISTRICT TERRITORY and then multiplied as a percentage of 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 dense 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(e) of the Texas Health and Safety Code, the DISTRICT
shall not be responsible for any and all civil liability that arises from City's furnishing Emergency
Services to the DISTRICT, said provision notwithstanding Section 775.0366(d) of the Texas
Health and Safety Code.
V.
DUTIES AND RESPONSIBILITIES OF THE PARTIES.
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 th a = y Emergency Services provided to the DISTRICT shall not be considered exclusive or
prim a ry , nd such services shall be rend e red in the context of the City's fire and emergency
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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. In addition:
a) 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.
b) 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.
c) CITY agrees to perform the Emergency Services pursuant to its performance standards.
d) CITY shall utilize only responsible, competent, and well-trained personnel trained and
certified in accordance with applicable State standards to ensure a high-level of
competency and patient care. CITY agrees to implement and maintain an appropriate
staff and personnel evaluation and review program to demonstrate compliance with this
requirement.
e) CITY shall at all times conduct its activities in accordance with all applicable statutes, rules
and regulations of any federal or State agencies or authorities. In the event CITY receives
official notice of any alleged non-compliance from any of the aforesaid agencies or
authorities, CITY shall notify the DISTRICT no later than five (5) days from CITY's receipt
of such notice.
f) On a monthly basis, no less than 3 business days prior to each of the DISTRICT's regular
board meetings, the DISTRICT shall provide the CITY's Fire Chief and City Manager's
Office, with a copy of its governing body meeting agenda.
g) Upon request by the CITY, the DISTRICT shall provide the CITY with any DISTRICT-
approved governing body meeting minutes, monthly financial statements, bookkeeping
reports, and/or any updates to its property tax roll.
h) DISTRICT shall inform the CITY of any changes to its legal, administrative and/or
governing body representatives as they occur.
i) The DISTRICT agrees to use its best efforts to hold its monthly governing body meetings
within, but not more than 5 miles outside, the DISTRICT TERRITORY, and the CITY
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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 DISTRICT TERRITORY that becomes
incorporated into the CITY limits, pursuant to Texas Health and Safety Code 775.022.
m) The DISTRICT will provide the 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.
n) The parties expressly agree nothing contained in this Agreement shall require either party
to knowingly or intentionally conduct itself in a manner as to violate the prohibition against
fraud and abuse in connection with the Medicare and Medicaid programs (42 U.S.C .
Section 1320a-7b), as amended.
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 .
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IX.
ASSIGNABILITY
This Agreement shall not be assigned by CITY or DISTRICT .
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.
Each party is an independent contractor and nothing in this Agreement shall be construed
as creating an employment relationship, agency, partnership, or joint venture between the parties.
Each party shall control and direct the methods by which it performs its responsibilities hereunder.
Except as provided herein, neither party is authorized to act on behalf of the other in any other
matter whatsoever.
XI.
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: Mark Smith
2929 Allen Pkwy, Suite 3450
Houston, TX 77019
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DocuSign Envelope ID: 90AB911F-9160-4E15-BDCD-8EE3C071 A02B
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.
This Agreement is dated the 13th day of December 2021 .
Print Name:
ATTESTED:
Print Name: _c_ry_s_ta_l_R_o_a_n ___ _
Title: ___ C_it-'-y_S_e_c_re_t_a....;:.ry ___ _
BRAZORIA COUNTY EMERGENCY
SERVICES Dl ~ICT NO . 4
By:3:: c))~
Print Name: ~ // Alt ~,,,,.t..,IL
Title : ~ r ✓ ,;,_,_)-
CITY OF PEARLAND
By [ci:;'P~
3B87.8J8il9cc048o ...
Print Name: Clay Pearson
Title: City Manager
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DocuSign Envelope ID: 90AB911F-9160-4E15-BDCD-8EE3C071A02B
Exhibit "A"
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SHAW RDKIRBY DRROY RDCR 130NOTE: This map has been generated for the convenience of the public. This map is not updated daily. It may not contain the most current County Road information. Verification of right-of-way can only be done thru the County Engineers’ Office. It is not intended to be an official depiction of the exact location or extent of any feature shown hereon. Any data depicted, such as a boundary line or an elevation, is for visual reference only and does not exclude obtaining official permits, surveys, or elevation certificates, when equired.
Pearland
Brookside Village
Harris CountyHarris County
Brazoria CountyCityLimitETJESD4Road TypesState HwyState FMState SpurCounty RoadCity NeighborhoodCity CollectorPrivate RoadPrivate Maint. RoadPark Road
/
Exhibit A
0 1 20.5 Miles
Brazoria County Engineering
Pearland
Printed: July 2, 2018
Manvel
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