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R2021-283 2021-12-13DocuSign Envelope ID: 0EA008DD-DB47-47CA-9948-9BAD84329247 RESOLUTION NO. R2021-283 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. 5. 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 ATTEST: e---DocuSigned by: 126771DA32BB464_. CRYSTAL ROAN, TRMC, CMC CITY SECRETARY APPROVED AS TO FORM: �DocuSigned by: s"...3CA8.9821Z.1-F -6... DARRIN M. COKER CITY ATTORNEY DocuSigned by: C rot B4881 A61593F4F2_. J. KEVIN COLE MAYOR 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 5 ("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 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 5 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. 1 PARTIES Brazoria County Emergency Services District No 5 ("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) III 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 2 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 3 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 III 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 DISTRICTcfor 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 4 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 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 5 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) The 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 6 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 parties. VIII. AMENDMENT BY MUTUAL AGREEMENT This Agreement may be amended only by the mutual signed and written agreement of the 7 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 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 Dax W Philbin Bacon, Wallace & Philbin, LLP 6363 Woodway, Suite 800 Houston, TX 77057-1762 8 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 ATT, ED. BRAZORIA COUNTY EMERGENCY SERVICE 1ST CT N B By. Print Name: � u —Print Name: V yt (. (Ay Title. `1 ` w Title �•-ecif-eIc-✓ CITY OF P £ ' LAND /1 Print Name ay Pearson Title City Manager Exhibit "A" 9 CITY OF PEARLAND ESD #5 METES AND BOUNDS OF BRAZORIA COUNTY EMERGENCY SERVICES DISTRICT No. 5 Beginning at a point located at the centerline of the intersection of Broadway Street and Sunrise Blvd (CR 666), approximately 110 feet from the western bend of the Corporate Limits of . Pearland at the southern rnw-of-way of Broadway Street, and the western right-of-way of Sunrise Boulevard (CR 666), for a northeastern corner of the tract herein described; THENCE S 2-38-27 E 1332.3 feet with the Corporate Limits of Pearland (CLP); then N 86-53- 47 E 602.6 feet, being approximately 150 feet north of the centerline of Woodbine Place; then S 3- 15-5 E 1136.8 feet to the southern right-of-way of Fite Road; then N 87-0-10 E 2058.1 feet along the extension of the southern right-of-way of Fite Road to an inner -corner of CLP; then S 3-12-22 B 2738.4 feet; then S 87-3-9 W 216.9 feet to an inner corner of CLP; then S 3-12-54 B 36.1 feet, then S 8-3-52 W 228.1 feet along a curve consisting of Delta 22-14-36, Radius 591.088, Tangent 116.198, Arc Length 229.47, Side R; then S 22-38-12 W 48.1 feet; then S 17-31-24 W 257.2 feet; then S 17- 19-18 W 19.2 feet; then S 3-26-49 E 528.8 feet along a curve consisting of Delta 39-36-29, Radius 780.476, Tangent 281.051, Arc Length 539.536, Side L; then S 22-7-10 E 19.7 feet; then S 31-43-20 W 29.9 feet along a curve consisting of Delta 70-10-22, Radius 26.014, Tangent18.274, Arc Length 31.86, Side R; then S 23-6-56 E 99.5 feet; then S 71-32-54 E 32.1 feet along a curve consisting of Delta 76-50-53, Radius 25.772, Tangent 20.444, Arc Length 34.567, Side R; then S 25-33-58 E 158.1 feet along a curve consisting of Delta 9-42-37, Radius 934.119, Tangent 79.346, Arc Length 158.312, Side R; THENCE N 67-14-30 E 332.102 feet along the northern boundary of the Morgan Road Park, then 5 23-1-19 E 399.8 feet, then S 5-52-20 E 90.3 feet; then S 26-56-45 W 137.4 feet; N 60-5-13 W 39.2 feet; then N 71-2042 W 131.3 feet along a slight curve consisting of Delta 17-2-40, Radius 443.321, Tangent 66.43, Arc Length 131.879, Side L; then N 80-13-20 W 102.2 feet; then N 38-37- 56 W 36.8 feet along a curve consisting of Delta 100-51-19, Radius 23.921, Tangent 28.944, Arc Length 42.108, Side R; then N 0-41-1 E 44.4 feet along a curve consisting of Delta 2-31-34, Radius 1009.202, Tangent 22.252, Arc Length 44,497, Side L; then S 86-44-22 W 76.1 feet across Morgan Road; then continuing along the Corporate Limits of Pearland (CLP), 513-27-49 W 331.2 feet along a curve consisting of Delta 26-46-42, Radius 715.197, Tangent 170.24, Arc Length 334.26, Side R; then S 27-3-52 W 477.2 feet; then S 62-51-13 E 2130.5 feet to an inner corner of the Corporate Limits of Pearland (CLP); THENCE S 1-40-50 E 352.1 feet, to the south border of the Brazorla County MUD District #3 drainage ditch also a southeastern corner of this Emergency Service District No. 5, then S 87-18-12 W 1313.7 feet along the drainage ditch; then S 0-49-36 E 22.1 feet; then S 86-56-50 W 889.5 feet; then S 2-56-14E 1258.7 feet; then S 87-52-59 W 2737.5 feet along CR 100 to an intersection with CR 90 for a southwestern corner; then N 3-7-46 W 4322.4 feet; then S 86-43-56 W 2639.4 feet to the intersection of CR 922 and CR 59 for a southern corner; THENCE along the borders of the Brazoria County MUD #6 and Brazoria County MUD #2, N 3-15-35 W206.4 feet; then N 52-22-43 W 1506.4 feet; then N 28-7-3 E 349.2 feet; then N 20-39-6 W 443.4 feet along a curve consisting of Delta 93-32-56, Radius 304.309, Tangent 323.766, Arc Length 496.856, Side R; then continuing along the MUD #2 and MUD #6 borders N 27-38-4 E 633.3 feet then N 75-42-13 E 445.8 feet along a curve consisting of Delta 94-52-51, Radius 302.632, Tangent 329.576, Arc Length 501.154, Side R; then N 29-21-35 E 431.1 feet along Waterbury Estates Drive to the intersection with Southwyck Parkway; then along the north right-of-way of Southwyck Parkway S 73-38-18 E 803.3 feet along a curve consisting of Delta 36-52-32, Radius 1269.964, Tangent 423.392, Arc Length 817.35, Side L; then along Southwyck Parkway N 86-48-55 E 315.7 feet; then N 84-39-0 8 254.3 feet; N 84-39-0 E 1386.2 feet to the intersection with CR 90 following the Brazoria County MUD #2 border; then N 2-50-42 W 2715.7 feet, continuing along the CR 90 western right-of-way to an intersection with Broadway Boulevard; then following Broadway Boulevard N 68-7-29 E 117.9 feet; then N 54-45-12 E 454.2 feet along a curve consisting of Delta 14-34-30, Radius 1790.295, Tangent 228.946, Arc Length 455.419, Side L; then N 56-34-17 E 619.7 feet along a curve consisting of Deka 17-52-11, Radius 1995.014, Tangent 313.656, Arc Length 622.219, Side R to the point of beginning described herein this document. All measurements, including references to curve metrics Radius, Tangent, Arc Length consist of the measured values in feet. All directional measurements including Delta consist of degrees - minute - seconds, and should be used in reference to the initial bearing directions.