EMERGENCY SERVICES CONTRACT BETWEEN THE CITY OF GEORGETOWN, TEXAS AND THE WILLIAMSON COUNTY SERVICES DISTRICT #8 (Amended September, 2010) STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT FOR SERVICES ( Contract ) is made by and between the Williamson County Emergency Services District # 8, hereinafter called the District, acting through the District s Board of Commissioners and having its principal business address at 103 West 9 th Street, Georgetown, Texas 78626, and the City of Georgetown, hereinafter called the City, located at 113 E. 8 th Street, Georgetown, Texas 78626, for the purpose of contracting for fire and emergency rescue services within the boundaries of the District. WITNESSETH WHEREAS, the District was formed through a general election on May 7, 2005; and WHEREAS, the District is charged with the duty of providing protection of life and property from fire, hazardous materials, and disaster within its boundaries; and WHEREAS, the City has available personnel, facilities and equipment to provide fire protection services, emergency rescue services and emergency medical first responder services. AGREEMENT NOW, THEREFORE, in consideration for the monies, and other consideration to be provided to the City under the terms of this agreement, the City will provide the following services (collectively referred to below as Fire and Emergency Services ) within the District s legal boundaries, as shown in the area map as Exhibit A, on a 24-hour basis. ARTICLE 1 DUTIES AND RESPONSIBILITIES OF CITY Section 1.1 The City agrees to provide to the District the personnel necessary to provide fire protection and rescue services to the residents of the District. In this regard, the City agrees to have 24 hour personnel necessary to respond to calls from residents of the District 24 hours per day. The target response times and criteria are outlined in Exhibit C. Section 1.2 The City will provide emergency medical first responder services in the District as backup and support for the Williamson County First Responder program, upon request from Williamson County Emergency Medical Services. Section 1.3 The City agrees to provide the apparatus, equipment, and supplies necessary to provide fire protection and emergency services to the District. The City will maintain in good repair equipment and supplies to be used in the performance of this contract. Section 1.4 The City will assure all personnel performing services under this contract are appropriately trained and certified for the levels of service provided. Section 1.5 The City will comply with and maintain compliance with all licensing, training, fiscal and other requirements imposed on the City by local, state, and federal law. Section 1.6 The City will provide adequate liability insurance coverages on City vehicles and City employees performing services under this contract to cover minimum liability as required by state law.
Section 1.7 Upon request of the District, the City will conduct within each fiscal year, at least one fire prevention workshop that is open and free of charge for residents within the District. This workshop will be to advise and educate residents on the causes and prevention of fires and respond to any questions or inquiries about fire protection made by the residents of the District. Section 1.8 The City will assure that written policies and procedures are in place to ensure that individuals performing services under this contract operate in a safe, courteous and professional manner, consistent with services provided within the City limits. These written policies will be made available to the Emergency Service District Board, however, changes to the written policies and procedures will be at the sole discretion of the City Fire Chief. Section 1.9 The City will provide written reports quarterly and annually on the services provided within the District. Section 1.10 Upon request, the City will provide the District with the following information: 1.10.1 A listing of facilities and value of facilities used to provide services; 1.10.2 A listing of equipment and vehicles used to provide services; 1.10.3 A listing of personnel and record of certifications; and 1.10.4 The policy of liability insurance policy in effect. 1.10.5 The results of the City s annual independent financial audit. Section 1.11 working order. The City shall maintain any District equipment or supplies used by the City in good ARTICLE II DUTIES AND RESPONSIBILITIES OF DISTRICT Section 2.1 District shall fund the hiring of six (6) firefighters to staff a second apparatus and be stationed at Georgetown Fire Station No. 3 in Sun City to provide an adequate level of staffing from that station for both the City and the District. Said firefighters shall be City employees and all City policies and procedures relating to the hiring and employment of said fire fighters shall apply. The City shall compensate the District for such funding in accordance with Article V of this contract. Section 2.2 It is understood and agreed that the District has no power to control or supervise the manner and means chosen by the City to carry out the services specified in Article I. ARTICLE III MUTUAL AID AND REVENUE RECOVERY Section 3.1 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 agreements and are performed within the protocols outlined in the agreements. Section 3.2 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. Upon approval of the District on a case-by-case basis, the City may also recover partial costs through the program against those who live in the District. The District agrees to adopt applicable rules EMERGENCY SERVICES DISTRICT (ESD) #8 CONTRACT PAGE 2
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 such fees are applicable consistent throughout the District. In the event that the City and the District agree for the City to recover partial cost through said program against those who live in the District, the City and the District shall agree upon the amount of recovery of each entity. ARTICLE IV CONTRACT PERIOD Section 4.1 This Contract shall begin at 12:01 A.M. on October 2, 2008 and shall remain in full force and effect for a period of five (5) years, subject to annual appropriations of each of the City and the District, unless sooner terminated as provided for herein. Section 4.2 In the event that the contract is not renewed at the end of its term as stated herein, this agreement shall remain in full force and effect after such expiration of the agreement and shall be automatically renewed thereafter on a month-to-month basis until a new agreement is reached between the District and the City or the agreement is otherwise terminated by either party hereto. ARTICLE V CONSIDERATION AND PAYMENTS Section 5.1 The District shall pay the City for all costs of service incurred by the City in performing its obligations under this contract (the Contract Price ). The Contract Price shall have the following components: 5.1.1 Base Rate consisting of all of the City s operation costs, both fixed and variable, and including operations and maintenance, associated with providing services the District under the terms of this contract. The Base Rate shall be revised annually based on prior year costs and estimates of next year costs and allocation of call volume originating in the District; and 5.1.2 Staffing Component consisting of the cost of additional City fire fighters to be stationed so as to provide improved response time to the District and the City; and 5.1.3 Staffing Credit consisting of any agreed upon credit to the District for the Staffing Component to be calculated as follows: a total credit of $340,000 to be applied in installments over a three (3) year period beginning in FY 2010/2011, as shown on Exhibit D; and Section 5.2 The Contract Price for FY 2008/2009 is attached hereto as Exhibit D. Section 5.3 The Contract Price shall be adjusted annually as necessary and upon the mutual written consent of the City and the District, and any amendments thereto shall be set forth in an amended Exhibit D. ARTICLE VI PAYMENT PROCEDURES The contract price shall be paid by the District to the City in quarterly payments on January 10, April 10, July 10, and October 10. Payments shall be remitted to: Director of Finance and Administration, City of Georgetown, P.O. Box 409, Georgetown, Texas 78626. EMERGENCY SERVICES DISTRICT (ESD) #8 CONTRACT PAGE 3
ARTICLE VII TERMINATION AND AMENDMENTS The Contract may be terminated or amended before the stated termination date by any of the following conditions: (1) By mutual agreement and consent, in writing of both parties. (2) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (3) By either party for reasons of its own and not subject to the mutual consent of the other party, upon not less than one hundred eighty (180) days written notice to the other party. In the event of termination, any equipment owned by the District and utilized by the City will be returned to the District, unless a mutual agreement for the purchase of the equipment by the City is made. In the event of termination, any equipment owned by the City and utilized by the District will be returned to the City, unless a mutual agreement for the purpose of the equipment by the District is made. The termination of this Contract and Payment of a pro-rata amount in settlement as prescribed in Articles 4 and 5, above, shall extinguish all rights, duties, and obligations of the City and the District under this Contract. ARTICLE VIII INDEMNIFICATION Section 8.1 The District s Indemnification. The District agrees, to the extent permitted by law, to 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. 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 8.2 City s Indemnification. The City agrees, to the extent permitted by law, to 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. ARTICLE IX SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. EMERGENCY SERVICES DISTRICT (ESD) #8 CONTRACT PAGE 4
ARTICLE X PRIOR CONTRACTS SUPERSEDED This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. ARTICLE XI NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: For City: For City: For ESD: For ESD: Fire Chief City of Georgetown P.O. Box 409 Georgetown, Texas 78626 City Manager City of Georgetown P.O. Box 409 Georgetown, Texas 78626 Board President Williamson County Emergency Services District # 8 103 W. 9 th Street Georgetown, Texas 78626 Board Vice President Williamson County Emergency Services District # 8 103 W. 9 th Street Georgetown, Texas 78626 ARTICLE XII CURRENT OBLIGATION Section 12.1 The obligations of the City under this Agreement to make payments in any fiscal year shall constitute a current expense for that fiscal year payable solely from the revenues for that fiscal year. The obligation of the City to make payments does not constitute a general obligation or indebtedness of the City for which the City is obligated to levy or pledge any form of taxation. The City shall have no obligation to expend any funds under this Agreement. Section 12.2 The obligations of the District under this Agreement to make payments in any fiscal year shall constitute a current expense for that fiscal year payable solely from the revenues for that fiscal year. The obligation of the District to make payments does not constitute a general obligation or indebtedness of the District for which the District is obligated to levy or pledge any form of taxation. The District shall have no obligation to expend any funds under this Agreement. EMERGENCY SERVICES DISTRICT (ESD) #8 CONTRACT PAGE 5
ARTICLE XIII SIGNATORY WARRANTY The undersigned signatory or signatories for the parties hereby represent and warrant that the signatory is an officer of the organization for which he or she has executed this Contract and that he or she has full and complete authority to enter into this Contract on behalf of the firm. The above-stated representations and warranties are made for the purpose of inducing the other party to enter into this Contract. IN WITNESS HEREOF, the City and the Corporation have executed these presents in duplicate on this the day of, 2010. WILLIAMSON COUNTY EMERGENCY SERVICES DISTRICT # 8 By: Printed Name: Title: ATTEST: By: Printed Name: Title: CITY OF GEORGETOWN By: Printed Name: Title: EMERGENCY SERVICES DISTRICT (ESD) #8 CONTRACT PAGE 6