Ordinance No. 15,010 ORDINANCE NO. 15,010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT FOR
EMERGENCY SERVICES WITH HARRIS COUNTY EMERGENCY
SERVICES DISTRICT NO. 75; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the
City Manager to execute and the City Clerk to attest to an Interlocal Agreement for Emergency
Services with Harris County Emergency Services District No. 75. A copy of said agreement is
attached hereto as Exhibit "A," and incorporated herein for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 131h day of January, 2022.
RANDON CAPET-1101LO, Mayor
ATTEST:
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APPROVED AS TO FORM: 4r OF
TREVOR FANNING, Interim City Attorney
RAKaren Anderson`ORDINANCES\2022\2022.01.13\HarrisCountyEmergencyServicesDistrictNo75lnterlocalAgreement.docx
Exhibit "A"
INTERLOCAL AGREEMENT FOR
EMERGENCY SERVICES
This INTERLOCAL AGREEMENT (herein "Agreement") FOR EMERGENCY
SERVICES is entered into effective February 1, 2022, by and between HARRIS COUNTY
EMERGENCY SERVICES DISTRICT NO. 75 and THE CITY OF BAYTOWN, TEXAS,
for TEN AND NO/100 ($10.00) DOLLARS, the mutual covenants and agreements herein
contained, and other good and valuable consideration. Accordingly, HARRIS COUNTY
EMERGENCY SERVICES DISTRICT NO. 75 and THE CITY OF BAYTOWN, TEXAS
agree to the following:
I.
PARTIES
(1) HARRIS COUNTY EMERGENCY SERVICES DISTRICT NO. 75 ("District")
is a political subdivision of the State of Texas, organized and operating in a portion of
Harris County, Texas, under Section 48-e, Article III of the Texas Constitution and
Chapter 775 of the Texas Health and Safety Code ("H & S Code").
(2) THE CITY OF BAYTOWN,TEXAS (the"City of Baytown") is a Texas home-
rule municipality operating in accordance with its municipal charter and applicable
provisions of the Texas Constitution and state law.
II.
DEFINITIONS
Unless the context indicates otherwise, the following words as used in this
Interlocal Agreement shall have the following meanings:
(1) "Emergency Services" shall mean and include the following services only:
(a) Services used to respond to an individual's perceived need for
immediate medical care and to prevent death or aggravation of
physiological or psychological illness or injury, as defined in the Emergency
Health Care Act, V.T.C.A., H & S Code, Sections 773.001, 773.003, as
amended.
(b) Fire fighting, fire extinguishment, and rescue services used to
respond to fire suppression and extinguishment, suspected fire incidents,
and other incendiary incidents, entrapments and extrications, motor vehicle
and other types of accidents, hazardous materials responses, and other
incidents for which the expertise and training of firefighters are appropriate
or indicated.
(c) First responder services used to provide on-scene patient care to the
ill and injured, but no services regarding the transport of such patients.
(2) "Service Area" shall mean the area within the geographic boundaries of the
District, as more particularly described in Exhibit "A," attached hereto and
incorporated herein. Provided, however, in the event geographic
boundaries of the District are reduced by the District's exclusion or removal
of territory in accordance with Chapter 775 of the H & S Code, the Service
Area, as defined in this Agreement, will be likewise reduced.
III.
BACKGROUND/JURISDICTION:
(1) The District is making this Agreement pursuant to Section 775.031 of the
H & S Code. The District has the authority to enter into such necessary contracts with
others, including incorporated cities, to make Emergency Services available to the
District.
(2) The District has determined that it currently does not directly provide such
Emergency Services or possess currently the capability of directly providing the
Emergency Services.
(3) The City of Baytown currently possesses facilities and personnel to provide
the Emergency Services to the District and is willing to utilize the City's facilities and
personnel to provide to the District such Emergency Services under the terms and
conditions of this Agreement and for the consideration hereinafter provided.
(4) The City of Baytown is making this Agreement pursuant to its municipal
charter and applicable provisions of state law to provide Emergency Services in
accordance with this Agreement to the District within the District's Services Area.
(5) This Agreement is entered into by the District and the City of Baytown
pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code.
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The purpose of the Agreement is for the City of Baytown to perform certain government
functions, being the providing of the Emergency Services pursuant to this Agreement
within the Service Area.
(6) The City of Baytown agrees to provide the Emergency Services in
accordance with this Agreement.
(7) In performing their respective obligations hereunder, both the District and
the City of Baytown shall comply with all applicable rules, regulations and laws of the
United States of America, the State of Texas, and the City of Baytown, as they now exist
or may hereinafter be enacted or amended.
IV.
TERM; EARLY TERMINATION
(1) The term of this Agreement is for a period of three (3) years, beginning
February 1, 2022, and ending January 31, 2025 (Operating Years 2022, 2023 and 2024
which are funded by tax levies for Tax Years 2021, 2022 and 2023).
(2) Either party may terminate this Agreement upon six (6) months' written
notice to the other party.
(3) If either party defaults in any of its obligations under this Agreement, the
non-defaulting party shall give the defaulting party written notice of the default and shall
provide thirty (30) days to cure the default. If the default is not cured within such thirty (30)
days, the non-defaulting party may terminate this Agreement immediately thereafter by
giving written notice of termination.
(4) The term of this Agreement may be extended only upon the mutual signed
agreement of both parties upon such terms and conditions as agreed to at that time.
V.
TERMS OF COMPENSATION
(1) During the term of this Agreement, the compensation to be paid each
Operating Year by the District to the City of Baytown for the Emergency Services to be
provided by the City of Baytown shall be 84.24% of the ad valorem taxes which could be
assessed and collected at the District's Voter-Approval Tax Rate or the District's De
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Minimis Rate (if said rate does not exceed the District's statutory maximum rate),
whichever is higher, as calculated by Harris County Tax Assessor-Collector and as
indicated on Section 8 of the District's Tax Rate Calculation Worksheet for Tax Years
2021, 2022 and 2023 and applied to District obligations in Operating Years 2022, 2023
and 2024. Payments shall be made payable on the 15th day of March and September
during each year of the term of this Agreement.
(2) Payments by the District to the City of Baytown required by subsection (1),
above, will be made based upon the values included on latest certified rolls, including all
supplements and amendments thereto, provided by the Harris County Appraisal District
("HCAD").
(3) In the event that any certification by HCAD is later amended and that
amendment results in the District being required to refund taxes to any entity erroneously
assessed the District's tax rate, then the City, upon written request of the District, will also
be required to refund the District a proportionate amount of any payment already made
by the District. In the event that any certification by HCAD is later amended and such
amendment results in an increase in the certified value, the District shall be required to
remit additional compensation based upon the new valuation and the formula established
in this article.
(4) All obligations of the District to make the payments required by this
Agreement are subject to the District actually collecting taxes levied; provided that any
and all delinquent tax collections due for tax years 2021, 2022, and 2023 shall be remitted
to the City within thirty (30) days of receipt thereof regardless of the expiration or
termination of this Agreement. The District shall be required to submit a report of
delinquent taxes collected including principal and interest amounts on the 15th day of
March and September of each year. This obligation shall remain in full force and effect
until all amounts due are paid in full to the City.
(5) In the event the District shall choose to terminate the Agreement during the
term, the District shall remit final payment along with its notice of termination in order for
such termination to be effective. Such final payment shall include both
(i) delinquent payments, if any, together with interest as calculated under Texas
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Government Code § 2251.025 and (ii) the total amount due for the contract year in which
the agreement is terminated.
(6) The City of Baytown has the sole discretion to determine how the
compensation paid hereunder is expended.
VI.
LIMITATIONS ON REPRESENTATIONS AND WARRANTIES
(1) The District acknowledges that the City of Baytown is a municipality with
similar statutory obligations to its own corporate area and that the City of Baytown
similarly provides Emergency Services to the corporate area of the City of Baytown and
other jurisdictions pursuant to primary and mutual aid agreements. District further
acknowledges that it recognizes that the provision of Emergency Services to District shall
not be exclusive but shall be rendered in the context of the City of Baytown's fire and
emergency response protocols, and that Emergency Services shall be provided
contingent upon the availability of the City of Baytown's Emergency Services personnel,
equipment and supplies. Nothing contained herein shall be construed so as to require the
City of Baytown to provide Emergency Services under this Agreement if such personnel,
equipment and supplies are unavailable or otherwise engaged in the actual provision of
Emergency Services. In such instances the City of Baytown shall make reasonable effort
to have Emergency Services provided to the District Service Area by other Emergency
Services providers under mutual aid agreements that the City of Baytown has or will have
with other Emergency Services providers. After receipt of a written request of the District,
the City of Baytown agrees to provide District copies of its response protocols as same
may affect District and the District's Service Area to the extent that the same are subject
to disclosure.
(2) The City of Baytown represents that the quality of the Emergency Services
provided will be of substantially similar quality to the Emergency Services that had been
provided by the City of Baytown in the Service Area as of January 1, 2021.
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(3) During the term of this Agreement, the City of Baytown agrees, subject to
the limitations contained in this Agreement, to provide the Emergency Services to the
District Service Area on a twenty-four (24) hour per day basis seven (7) days a week.
VII.
DUTIES AND RESPONSIBILITIES OF THE CITY OF BAYTOWN
(1) The City of Baytown agrees to provide the Emergency Services to the
Service Area in accordance with this Agreement subject to the limitations set out in the
preceding Article.
(2) Subject to the limitations set out in the preceding Article, the City of Baytown
shall use reasonable efforts to provide the necessary manpower and equipment to
provide the Emergency Services to the Service Area in accordance with this Agreement
and may enter into and maintain reciprocal mutual aid agreements with surrounding fire
departments when necessary or advisable as determined in the sole discretion of the City
of Baytown.
(3) The City of Baytown, by and through its Fire Chief, shall furnish District on
a quarterly basis, a copy of the run reports listing the total number of runs made by the
City of Baytown Emergency Services agencies within the Service Area for the prior
quarter. To the extent allowed by law, such reports shall include street addresses for fire
suppression responses and the general vicinity of the EMS and EMS first responder calls.
All such reports shall indicate the response times and identification of apparatus and
equipment dispatched to each scene.
VIII.
NOTICE TO HARRIS COUNTY 911 NETWORK
The District and City of Baytown agree to present any required letters or
resolutions to the Harris County 911 Network to reflect the providing of Emergency
Services pursuant to this Agreement and dispatch protocols relative thereto.
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Ix.
AMENDMENT BY MUTUAL AGREEMENT
This Agreement may be amended only by the mutual signed and written
agreement of the parties.
X.
ASSIGNABILITY
This Agreement shall not be assigned by either party without first obtaining the
written consent of the other party.
XI.
MISCELLANEOUS
(1) Neither party shall be liable for failure to perform any duty or obligation that
either may have under this Agreement where such failure has been occasioned by any
act of God, fire, strike, inevitable accident, war, or any cause outside the reasonable
control of the party who had the duty to perform. The performance of such duty or
obligation shall be excused for the period of the delay, and the period of performance of
any such act shall be extended for a period equivalent to the period of such delay.
(2) By this Agreement, District and the City of Baytown do not consent to
litigation and expressly revoke any consent to litigation or suit, and the District and the
City of Baytown hereby expressly revoke any consent that it may have granted by the
terms of this Agreement, any charter, or applicable state law.
(3) Notwithstanding anything to the contrary contained in this Agreement,
the City of Baytown and the District hereby agree that no claim or dispute between the
City of Baytown and the District arising out of or relating to this Agreement shall be
decided by any arbitration proceeding including, without limitation, any proceeding under
the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable State arbitration
statute, including, but not limited to, the Texas General Arbitration Act, provided that in
the event that the City of Baytown is subjected to an arbitration proceeding
notwithstanding this provision, the District consents to be joined in the arbitration
proceeding if the District's presence is required or requested by the City of Baytown for
complete relief to be recorded in the arbitration proceeding.
(4) Notwithstanding anything in this Agreement which may be construed to the
contrary, this Agreement shall not operate as a merger, consolidation or annexation of
one political subdivision by another.
(5) It is not the intention of the parties hereto to create a partnership or
association. The duties and liabilities of the City of Baytown and the 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.
(6) The City Manager of the City of Baytown or his designee shall be the liaison
with the District. The District Board president or his designee shall be the liaison with the
City of Baytown.
(7) 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. Any oral representation or
modification concerning this Agreement shall be of no force or effect, excepting
a subsequent modification in writing signed by all parties hereto.
(8) The validity, interpretation, and performance of this Agreement shall be
governed by the laws of the State of Texas.
(9) This Agreement is fully performable and enforceable in Harris County,
Texas, wherein venue hereunder shall lie.
(10) This Agreement shall not bestow any rights upon any third party, but rather,
shall bind and benefit the District and the City only.
(11) The article headings are used in this Agreement for convenience
and reference purposes only and are not intended to define, limit or describe the scope
or intent of any provision of this Agreement and shall have no meaning or effect upon
its interpretation.
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(12) In the event of any ambiguity in any of the terms of this Agreement, it
shall not be construed for or against any party hereto on the basis that such party did or
did not author the same.
(13) Failure of either party hereto to insist on the strict performance of any of the
agreements herein or to exercise any rights or remedies accruing thereunder upon default
or failure of performance shall not be considered a waiver of the right to insist on and to
enforce by an appropriate remedy, strict compliance with any other obligation hereunder
to exercise any right or remedy occurring as a result of any future default or failure of
performance.
(14) The parties acknowledge that they have read, understand and intend to be
bound by the terms and conditions of this Agreement.
(15) The officers executing this Agreement on behalf of the parties hereby
represent that such officers have full authority to execute this Agreement and to bind the
party he/she represents.
XI.
NOTICES
Any notice required or permitted to be given by the District to the City of
Baytown hereunder may be given by certified or registered United States Mail, postage
or fee prepaid, return receipt requested, and addressed to:
City of Baytown
P. O. Box 424
Baytown, Texas 77522
Attn: City Manager
With a copy to:
City of Baytown
201 E. Wye Drive
Baytown, Texas 77521
Attn: Fire Chief
Any notice required or permitted to be given by the City of Baytown to the District
hereunder may be given by certified or registered United States Mail, postage or fee
prepaid, return receipt requested, addressed to:
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Harris County ESD No. 75
P.O. Box 914
Mont Belvieu, Texas 77580
With a copy to:
Coveler & Peeler, P.C.
Attn: Nicole E. Pierce
820 Gessner, Suite 1710
Houston, Texas 77024
Either party may change its address by giving notice to the other Party in
writing. Any notice mailed by certified United States mail, return-receipt requested,
postage or fee prepaid, shall be deemed given upon deposit in the Unites States mail.
This Agreement is dated the day of 2021,
effective February 1, 2022.
THE CITY OF BAYTOWN, TEXAS HARRIS COUNTY EMERGENCY
SERVICES DISTRICT NO. 75
By: By:
Print Name: Richard L. Davis Print Name: Robert Wagnon
Title: City Manager Title: Board President
RAKaren Homcr\Documcnts\FllcskContracis\Harris County Emergency Services District No.7AESD 75-INTERLOCAL AGMT-City of Baytown(2-1-22 thur 1-31-25)-CP 12-30-21.docx
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