Loading...
R-11-10-06-11F1 - 10/6/2011RESOLUTION NO. R -11-10-06-11F1 WHEREAS, the City of Round Rock ("City") wishes to approve an Agreement Between Williamson County Texas and Williamson County Emergency Service Organizations to provide and/or participate in emergency medical services, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 6th day of October, 2011. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary O:\wdox\SCCInts\0112\ 1104\MUNICIPAL\00233794.DOC/rmc 1 EXHIBIT AGREEMENT BETWEEN WILLIAMSON COUNTY TEXAS AND WILLIAMSON COUNTY EMERGENCY SERVICE ORGANIZATIONS THIS EMERGENCY SERVICE ORGANIZATION AGREEMENT ("Agreement") is made and entered into by and between WILLIAMSON COUNTY, TEXAS ("Williamson County") and the following named Williamson County Emergency Service Organizations, acting through their governing bodies: WILLIAMSON COUNTY EMERGENCY SERVICES DISTRICTS NOS. 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 each being a separate emergency service district created and described under Chapter 775 of the Texas Health and Safety Code; the CITY OF CEDAR PARK, TEXAS; the CITY OF GEORGETOWN, TEXAS; the CITY OF LEANDER, TEXAS; the CITY OF ROUND ROCK, TEXAS; the CI'T'Y OF TAYLOR, TEXAS; the BARTLETT VOLUNTEER FIRE DEPARTMENT; the COUPLAND VOLUNTEER FIRE DEPARTMENT; the FLORENCE VOLUNTEER FIRE DEPARTMENT; the GRANGER VOLUNTEER FIRE DEPARTMENT; the; JARRELL VOLUNTEER FIRE DEPARTMENT; the JOLLYVILLE VOLUNTEER FIRE DEPARTMENT; the SAM BASS VOLUNTEER FIRE DEPARTMENT; the TAYLOR VOLUNTEER FIRE DEPARTMENT; the THRALL VOLUNTEER FIRE DEPARTMENT; and the WEIR VOLUNTEER FIRE DEPARTMENT (being collectively referred to herein as the "Emergency Service Organization(s)" or "ESO"). I. Obligations of Emergency Service Organizations To ensure that all of the parties hereto are treated equally while providing the emergency services that are needed by individuals in the county, Williamson County and the Emergency Service Organizations agree to establish minimum services that must be provided by each agency. A. Services provided by Emergency Service Organizations Each of the Emergency Service Organizations shall provide and/or participate in the following: 1. Medical First Response 2. Participation in one or more of the following: • Hazardous Material Team • Swift Water Team • Technical Rescue Team • County Resource Coordination • Incident Management Team B. Emergency Service Organizations Performance Standards To measure the quality of service provided and ensure that those receiving funds arc meeting national requirements set for emergency service organizations, the following standards must be net and maintained in order to be eligible for funding from Williamson County. 1 Each of the Emergency Service Organizations must: 1. Meet National Incident Management System ("NIMS") requirements by having department personnel complete the necessary training courses as established by the Federal Emergency Management Agency. Annually, each of the Emergency Service Organizations shall provide a letter confirming all organization personnel are current with necessary NIMS requirements. In the event an ESO is unable to provide a letter due to having personnel that is not current with necessary NIMS requirements, such ESO must provide a letter explaining why the personnel is not current and provide a reasonable date in which the personnel will become compliant. 2. Through active participation in the Williamson County Fire Chiefs Association and its committees, assist in developing guidelines for safety procedures that each ESO could apply in order to be able to adhere to National Standards during emergency events. 3. Each ESO must respond or have, in writing, an agreement with other agencies to respond when the primary agency is not available. Each ESO's response shall be made in accordance with the approved dispatch policy, which requires a minimum of 80% call response of the calls for service initiated in the agency's response district. C. Emergency Medical Service Involvement Each ESO hereby agrees and acknowledges that Williamson County E.M.S. shall be the 911 Emergency Medical Services provider within each of the Emergency Service Organizations' jurisdictions. Emergency Service Organizations shall operate a first responder program under the Williamson County Medical Director; participate in jointly developed quality assurance and quality improvement programs, credentialing programs and training programs. These programs will be provided and developed in conjunction with the Williamson County Medical Director, Williamson County EMS and members of the Williamson County Fire Chiefs Association. As part of this Agreement, emergency medical services supplies shall be exchanged between Williamson County and the Emergency Service Organizations on a one for one basis used on a medical call. II. Prevention and Investigation Williamson County will support and assist fire departments of the Emergency Services Organizations with establishing a working relationship with the Williamson County Sheriff's Office and the Williamson County Constable Offices in relation to arson investigations. To the extent that such agencies are able to provide arson investigators and resources related to arson 2 investigations, such agencies will endeavor to assist Fire Investigators from the fire departments of the Emergency Services Organizations with fire investigations. III. Reimbursement Formula and Consideration In consideration of the agreements made herein and the services performed by the Emergency Service Organizations, Wilco agrees to reimburse each ESO an amount of money based on the following reimbursement formula (the "Formula"): I . Two I lundred Dollars ($200) for each square mile of an ESO district; plus 2. Seventy Cents ($.70) for each person that resides in the district covered by the ESO. The amount of reimbursement shall be adjusted annually in order to take into account population changes within each ESO's district. The amount of the funding shall be set on or before August 1$t of each year prior to the year of disbursement with the amount being divided into two separate installments, with the first installment being paid in the spring (prior to April 1st) and the second installment being paid in the fall (prior to September 30th)•of each year during the term of this Agreement. The population in an ESO's district shall be determined by using a three (3) people per one (1) living unit ratio; provided, however, in no event shall any ESO's district population exceed the officially adopted total population set forth by the Texas State Data Center. Each year during the term of this Agreement, Williamson County shall also provide Twenty Thousand Dollars ($20,000) to the Williamson County Fire Chiefs Association. Such funds shall be solely expended on support training programs and coordination efforts of the Williamson County Fire Chiefs Association in relation to the provision of emergency services in Williamson County, Texas. These funds are payable at the beginning of each fiscal budget year of Williamson County. The parties to this Agreement hereby agree that the initial term of this Agreement shall be executed to have begun as of October 15`, 2010, with the end of the initial term being September 30, 2011. Any reimbursement and/or consideration due as of the time this Agreement is fully executed by all parties hereto shall be paid by Williamson County to each ESO within thirty (30) day from the date of the Iast party's execution hereof provided that such ESO has been in compliance with the terms and conditions of this Agreement since October 1, 2010. IV. Failure to Meet Conditions; Suspension of Funding and Termination If any of the Emergency Service Organizations commits an Event of Breach (a breach of any of the covenants, terms and/or conditions of this Agreement), Williamson County shall deliver written notice of such breach to the breaching Emergency Service Organization. Such notice must specify the nature of the breach and inform the breaching Emergency Service Organization 3 that unless the breach is cured within thirty (30) days of receipt of the notice, additional steps may be taken to terminate the breaching Emergency Service Organization. If the breaching Emergency Service Organization begins a good faith attempt to cure the breach within thirty (30) days, then and in that instance the thirty (30) day period niay be extended by Williamson County, so long as the breaching Emergency Service Organization continues to prosecute a cure diligently to completion and continues to make a good faith attempt to cure the breach. Williamson County may suspend all funding that may be due to the breaching Emergency Service Organization until which time that the breaching Emergency Service Organization cures the Event of Breach. If, in the opinion of Williamson County, the breaching Emergency Service Organization does not cure the breach within thirty (30) days or otherwise fails to make any diligent attempt to correct the breach, such Emergency Service Organization shall be deemed to be in breach and Williamson County may deliver written notice to the breaching Emergency Service Organization and Governing Body which specifies the following: 1. Nature and description of the breach; 2. Date on which the original thirty (30) day notice of the breach was tendered to the breaching Emergency Service Organization; 3. Description of the failure of the breaching Emergency Service Organization to cure timely; and 4. The effective date of the termination of the Emergency Service Organization. Following the effective date of termination of an Emergency Service Organization, such terminated Emergency Service Organization shall no longer receive any funding or any other rights, privileges or benefits under this Agreement. Furthermore, a terminated Emergency Service Organization shall, within thirty (30) day of the effective date of termination, be obligated to reimburse Williamson County for all amounts of funding that Williamson County provided to the terminated Emergency Service Organization during the fiscal year in which the termination occurs. In the event that a governing body of any of the Emergency Service Organizations fails to ratify and execute this Agreement or any subsequent amendments, Williamson County may suspend any funding to such Emergency Service Organizations until such time as approval and/or ratification is obtained. In the event that an ESO, other than an ESO that is a municipal fire department or emergency service district, is terminated as set forth above, the Williamson County Commissioners Court, upon a review and receipt of an advisory recommendation by the Williamson County Fire Chiefs Association, may request another ESO to cover and respond to all or parts of the response district of the terminated ESO. The agency accepting such terminated ESO's response district or portions thereof would be entitled to an appropriate share of funds from Williamson County based on the reimbursement Formula set forth in this Agreement. Such share of funds shall start on the next scheduled payment. 4 V. Right to Withdraw Any party to this Agreement has the right to withdraw from this Agreement by providing express written notice of its decision to withdraw to Williamson County and to all other Emergency Service Organizations at least ninety (90) days prior to its projected withdrawal date. Following .the effective date of a party's withdrawal, such withdrawing party shall no longer receive any future funding or any other rights, privileges or benefits under this Agreement. If an ESO should withdraw prior to receipt of an upcoming installment payment, such ESO shall only be allowed to receive a pro rata portion of the next installment payment based on the period of time that such ESO actually provided services. VI. Term of Agreement; And Effective Date As set forth herein, the initial term of this Agreement shall be deemed to be effective as of October 1, 2010 and shall continue until September 30, 2011. Each term of this Agreement shall be for one (1) year and shall automatically renew each year thereafter for one (1) year terms unless notification of an ESO's intent to not renew is sent to all other parties at least ninety (90) days prior to the last day of the then current term. Each ESO acknowledges that Williamson County shall also have the right not to renew this Agreement provided that Williamson County sends notice of its intent not to renew to all Emergency Service Organizations at least ninety (90) days prior to the last day of the then current term. The parties are subjectto the rights of termination and suspension as contained herein. VII. Related Agreements The parties to this Agreement acknowledge that there may be existing mutual aid agreements and/or other related agreement between the parties relating to the provision of emergency services. The parties to this Agreement do not intend for the terms or conditions of this agreement to supplant, terminate or otherwise affect the terms and conditions of any other agreements between any of the parties hereto. VIII. Relationship of the Parties The parties to this Agreement shall act in individual capacities and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of any other party for any purposes whatsoever. 5 The parties to this Agreement shall act in accordance with the policies, ordinances, and procedures established by the parties' own governing body. All claims for Workers' Compensation benefits arising out of this Agreement shall be the sole responsibility of the party who is the general employer of the employee or volunteer filing such claim. At no time shall the employees or volunteers of another party be considered to the borrowed servants or on loan to any other party to this Agreement. Each party hereto shall hold all other parties harmless from all liability for injuries or damages to persons or property that might occur as a result of the act or omission of an act of the employees or volunteers of such party. Furthermore, any civil liability that results from the acts of a party hereto or from the acts of any of its employees, volunteers, agents, officers or representatives shall remain the sole responsibility of the party that causes such civil liability. IX. Miscellaneous Provisions A. Funds Owed Countv. If an Emergency Service Organization becomes obligated to pay or reimburse funds to Williamson County under this Agreement or under any other agreement with Williamson County, the governing body of such Emergency Service Organization hereby agrees and does assign to Williamson County any property tax payments, which come into the possession of Williamson County and that would otherwise be due such Emergency Service Organization and/or its governing body, so that all amounts of funding that is owed to Williamson County is paid to Williamson County. B. Breach of Other Agreements. If an Emergency Service Organization and/or its governing body is in breach of any other agreement to which Williamson Count is a party, Williamson County may suspend all funding under this Agreement to such Emergency Service Organization until which time that the breach is cured. C. Severabilitv. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, but rather this entire Agreement will be construed as if not containing the particular invalid or unenforceable provision or provisions, and the rights and obligations of all parties shall be construed and enforced in accordance therewith. All parties acknowledge that if any provision of this Agreement is determined to be invalid or unenforceable, it is the desire and intention of each that such provision be reformed and construed in such a manner that it will, to the maximum extent practicable, give effect to the intent of this Agreement and be deemed to be valid and enforceable. D. Construction. Each party hereto acknowledges that it and its counsel have reviewed this Agreement, and that there will be no presumption that any ambiguities will be resolved against the drafting party in the interpretation of this Agreement_ E. No Waiver of Immunities. Nothing in this Agreement shall be deemed to waive, modify or amend any legal defense available at law or in equity to any party hereto, or their past or present officers, employees, or agents, nor to create any legal rights or claim on behalf of any third party. Each party hereto does not waive, modify, or alter to any extent whatsoever the 6 availability of the defense of governmental immunity under the laws of the State of Texas and of the United States. F. Assignment. The rights and duties of the party parties hereto may not be assigned or delegated without the prior written consent of all parties. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the parties hereto. G. Compliance with Applicable Laws. All parties agree to comply with all applicable federal, state and local ordinances, laws, rules, regulations, and lawful orders of any public authority. II. Non -Appropriation and Fiscal Funding. The obligations of the parties under this Agreement do not constitute a general obligation or indebtedness of any party for which such party is obligated to levy, pledge, or collect any form of taxation. It is understood and agreed that Williamson County shall have the right to terminate this Agreement at the end of any Williamson County fiscal year if the governing body of Williamson County does not appropriate sufficient funds as determined by Williamson County's budget for the fiscal year in question. Williamson County may effect such termination by giving written notice of termination at the end of its then -current fiscal year. I. Execution in Multiple Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be considered an original, and all of which shall be considered as one original fully executed as of the date when all parties have executed an identical counterpart, notwithstanding the fact that all signatures may not appear on the same counterpart. J. Entire Agreement. This Agreement constitutes the entire agreement between the parties. The parties understand, agree, and declare that no promise, warranty, statement, or representation of any kind whatsoever which is not expressly stated in this Agreement has been made by any party, or its respective officers, employees, or other agents to induce execution of this Agreement. 7 1N WITNESS WHEREOF, the parties execute this Agreement to be effective as of the 1st day of October, 2011. EMERGENCY SERVICE ORGANIZATIONS: WILLIAMSON COUNTY EMERGENCY SERVICES DISTRICT NO. 1 By: Printed Name: Representative Capacity: Date: , 20 WILLIAMSON COUNTY EMERGENCY SERVICES DISTRICT NO. 2 By: Printed Naine: Representative Capacity: Date: , 20 WILLIAMSON COUNTY EMERGENCY SERVICES DISTRICT NO. 3 By: Printed Name: Representative Capacity: Date: , 20 8 WILLIAMSON COUNTY EMERGENCY SERVICES DISTRICT NO. 4 By: Printed Name: Representative Capacity: Date: , 20 WILLIAMSON COUNTY EMERGENCY SERVICES DISTRICT NO. 5 By: Printed Name: Representative Capacity: Date: , 20 WILLIAMSON COUNTY EMERGENCY SERVICES DISTRICT NO. 6 By: Printed Name: Representative Capacity: Date: , 20 WILLIAMSON COUNTY EMERGENCY SERVICES DISTRICT NO. 7 By: Printed Name: Representative Capacity: Date: , 20 9 WILLIAMSON COUNTY EMERGENCY SERVICES DISTRICT NO. 8 By: Printed Name: Representative Capacity: Date: , 20 WILLIAMSON COUNTY EMERGENCY SERVICES DISTRICT NO. 9 By: Printed Name: Representative Capacity: Date: , 20 WILLIAMSON COUNTY EMERGENCY SERVICES DISTRICT NO. 10 By: Printed Name: Representative Capacity: Date: , 20 CITY OF CEDAR PARK, TEXAS By: Printed Name: Representative Capacity: Date: , 20 'I 0 CITY OF GEORGETOWN, TEXAS By: Printed Name: Representative Capacity: Date: , 20 CITY 01? LEANDER, TEXAS By: Printed Naive: Representative Capacity: Date: , 20_ CITY OF ROUND ROCK, TEXAS By: Printed Name: Representative Capacity: Date: , 20 CITY OF TAYLOR, TEXAS By: Printed Name: Representative Capacity: Date: , 20 11 BARTLETT VOLUNTEER FIRE DEPARTMENT By: Printed Name: Representative Capacity: Date: , 20____ COUPLAND VOLUNTEER FIRE DEPARTMENT By: Printed Name: Representative Capacity: Date: , 20 FLORENCE VOLUNTEER FIRE DEPARTMENT By: Printed Name: Representative Capacity: Date: , 20 GRANGER VOLUNTEER FIRE DEPARTMENT By: Printed Name: Representative Capacity: Date: , 20 12 JARRELL VOLUNTEER FIRE DEPARTMENT By: Printed Name: Representative Capacity: Date: , 20 JOLLYVILLE VOLUNTEER FIRE DEPARTMENT By: Printed Name: Representative Capacity: Date: , 20� SAM BASS VOLUNTEER FIRE DEPARTMENT By: Printed Name: Representative Capacity: Date: , 20 TAYLOR VOLUNTEER FIRE DEPARTMENT By: Printed Name: Representative Capacity: Date: , 20 13 THRALL VOLUNTEER FIRE DEPARTMENT By: Printed Name: Representative Capacity: Date: , 20 WEIR VOLUNTEER FIRE DEPARTMENT By: Printed Name: Representative Capacity: Date: , 20__ 14 WILLIAMSON COUNTY: By: Printed Name: Representative Capacity: Date: , 20 15 City Council Agenda Summary Sheet Agenda Item No. 11F1. Consider a resolution authorizing the Mayor to execute an Agreement between Agenda Caption: Williamson County Texas and Williamson County Emergency Service Organizations. Meeting Date: October 6, 2011 Department: Fire Staff Person making presentation: David Coatney Fire Chief Item Summary: This agreement between Williamson County Texas and Williamson County Emergency Service Organizations outlines their obligations, services provided, performance standards, emergency medical service involvement, Williamson County's support to arson investigators, reimbursements formula, failure to meet conditions, right to withdraw, term of agreement, related agreements, relationship of the parties, and miscellaneous provisions. Cost: Source of Funds: N/A N/A Date of Public Hearing (if required): N/A Recommended Action: Approval COPY AGREEMENT BETWEEN WILLIAMSON COUNTY TEXAS AND WILLIAMSON COUNTY EMERGENCY SERVICE ORGANIZATIONS THIS EMERGENCY SERVICE ORGANIZATION AGREEMENT ("Agreement") is made and entered into by and between WILLIAMSON COUNTY, TEXAS ("Williamson County") and the following named Williamson County Emergency Service Organizations, acting through their governing bodies: WILLIAMSON COUNTY EMERGENCY SERVICES DISTRICTS NOS. 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 each being a separate emergency service district created and described under Chapter 775 of the Texas Health and Safety Code; the CITY OF CEDAR PARK, TEXAS; the CITY OF GEORGETOWN, TEXAS; the CITY OF LEANDER, TEXAS; the CI'T'Y OF ROUND ROCK, TEXAS; the CI TTY OF TAYLOR, TEXAS; the BARTLETT VOLUNTEER FIRE DEPARTMENT; the COUPLAND VOLUNTEER FIRE DEPARTMENT; the FLORENCE VOLUNTEER FIRE DEPARTMENT; the GRANGER VOLUNTEER FIRE DEPARTMENT; the; JARRELL VOLUNTEER FIRE DEPARTMENT; the JOLLYVILLE VOLUNTEER FIRE DEPARTMENT; the SAM BASS VOLUNTEER FIRE DEPAR'T'MENT; the TAYLOR VOLUNTEER FIRE DEPARTMENT; the THRALL VOLUNTEER FIRE DEPARTMENT; and the WEIR VOLUNTEER FIRE DEPARTMENT (being collectively referred to herein as the "Emergency Service Organization(s)" or "ESO"). I. Obligations of Emergency Service Organizations To ensure that all of the parties hereto are treated equally while providing the emergency services that are needed by individuals in the county, Williamson County and the Emergency Service Organizations agree to establish minimum services that must be provided by each agency. A. Services provided by Emergency Service Organizations Each of the Emergency Service Organizations shall provide and/or participate in the following: 1. Medical First Response 2. Participation in one or more of the following: • Hazardous Material Team • Swift Water Team • Technical Rescue Team • County Resource Coordination • Incident Management Team B. Emergency Service Organizations Performance Standards To measure the quality of service provided and ensure that those receiving funds arc meeting national requirements set for emergency service organizations, the following standards must be met and maintained in order to be eligible for funding from Williamson County. 1 COPY Each of the Emergency Service Organizations must: 1. Meet National Incident Management System ("NIMS") requirements by having department personnel complete the necessary training courses as established by the Federal Emergency Management Agency. Annually, each of the Emergency Service Organizations shall provide a letter confirming all organization personnel are current with necessary NIMS requirements. In the event an ESO is unable to provide a letter due to having personnel that is not current with necessary NIMS requirements, such ESO must provide a letter explaining why the personnel is not current and provide a reasonable date in which the personnel will become compliant. 2. Through active participation in the Williamson County Fire Chiefs Association and its committees, assist in developing guidelines for safety procedures that each ESO could apply in order to be able to adhere to National Standards during emergency events. 3. Each ESO must respond or have, in writing, an agreement with other agencies to respond when the primary agency is not available. Each ESO's response shall be made in accordance with the approved dispatch policy, which requires a minimum of 80% call response of the calls for service initiated in the agency's response district. C. Emergency Medical Service Involvement Each ESO hereby agrees and acknowledges that Williamson County E.M.S. shall be the 911 Emergency Medical Services provider within each of the Emergency Service Organizations' jurisdictions. Emergency Service Organizations shall operate a first responder program under the Williamson County Medical Director; participate in jointly developed quality assurance and quality improvement programs, credentialing programs and training programs. These programs will be provided and developed in conjunction with the Williamson County Medical Director, Williamson County EMS and members of the Williamson County Fire Chiefs Association. As part of this Agreement, emergency medical services supplies shall be exchanged between Williamson County and the Emergency Service Organizations on a one for one basis used on a medical call. II. Prevention and Investigation Williamson County will support and assist fire departments of the Emergency Services Organizations with establishing a working relationship with the Williamson County Sheriff's Office and the Williamson County Constable Offices in relation to arson investigations. To the extent that such agencies are able to provide arson investigators and resources related to arson 2 COPY investigations, such agencies will endeavor to assist Fire Investigators from the fire departments of the Emergency Services Organizations with fire investigations. III. Reimbursement Formula and Consideration In consideration of the agreements made herein and the services performed by the Emergency Service Organizations, Wilco agrees to reimburse each ESO an amount of money based on the following reimbursement formula (the "Formula"): 1. Two Hundred Dollars ($200) for each square mile of an ESO district; plus 2. Seventy Cents ($.70) for each person that resides in the district covered by the ESO. The amount of reimbursement shall be adjusted annually in order to take into account population changes within each ESO's district. The amount of the funding shall be set on or before August 1St of each year prior to the year of disbursement with the amount being divided into two separate installments, with the first installment being paid in the spring (prior to April 1St) and the second installment being paid in the fall (prior to September 30th).of each year during the term of this Agreement. The population in an ESO's district shall be determined by using a three (3) people per one (1) living unit ratio; provided, however, in no event shall any ESO's district population exceed the officially adopted total population set forth by the Texas State Data Center. Each year during the term of this Agreement, Williamson County shall also provide Twenty Thousand Dollars ($20,000) to the Williamson County Fire Chiefs Association. Such funds shall be solely expended on support training programs and coordination efforts of the Williamson County Fire Chiefs Association in relation to the provision of emergency services in Williamson County, Texas. These funds are payable at the beginning of each fiscal budget year of Williamson County. The parties to this Agreement hereby agree that the initial term of this Agreement shall be executed to have begun as of October 1St, 2010, with the end of the initial term being September 30, 2011. Any reimbursement and/or consideration due as of the time this Agreement is frilly executed by all parties hereto shall be paid by Williamson County to each ESO within thirty (30) day from the date of the Iast party's execution hereof provided that such ESO has been in compliance with the terms and conditions of this Agreement since October 1, 2010. Iv. Failure to Meet Conditions; Suspension of Funding and Termination If any of the Emergency Service Organizations commits an Event of Breach (a breach of any of the covenants, terms and/or conditions of this Agreement), Williamson County shall deliver written notice of such breach to the breaching Emergency Service Organization. Such notice must specify the nature of the breach and inform the breaching Emergency Service Organization 3 COPY that unless the breach is cured within thirty (30) days of receipt of the notice, additional steps may be taken to terminate the breaching Emergency Service Organization. If the breaching Emergency Service Organization begins a good faith attempt to cure the breach within thirty (30) days, then and in that instance the thirty (30) day period may be extended by Williamson County, so long as the breaching Emergency Service Organization continues to prosecute a cure diligently to completion and continues to make a good faith attempt to cure the breach. Williamson County may suspend all funding that may be due to the breaching Emergency Service Organization until which time that the breaching Emergency Service Organization cures the Event of Breach. If, in the opinion of Williamson County, the breaching Emergency Service Organization does not cure the breach within thirty (30) days or otherwise fails to make any diligent attempt to correct the breach, such Emergency Service Organization shall be deemed to be in breach and Williamson County may deliver written notice to the breaching Emergency Service Organization and Governing Body which specifies the following: 1. Nature and description of the breach; 2. Date on which the original thirty (30) day notice of the breach was tendered to the breaching Emergency Service Organization; 3. Description of the failure of the breaching Emergency Service Organization to cure timely; and 4. The effective date of the termination of the Emergency Service Organization. Following the effective date of termination of an Emergency Service Organization, such terminated Emergency Service Organization shall no longer receive any funding or any other rights, privileges or benefits under this Agreement. Furthermore, a terminated Emergency Service Organization shall, within thirty (30) day of the effective date of termination, be obligated to reimburse Williamson County for all amounts of funding that Williamson County provided to the terminated Emergency Service Organization during the fiscal year in which the termination occurs. In the event that a governing body of any of the Emergency Service Organizations fails to ratify and execute this Agreement or any subsequent amendments, Williamson County may suspend any funding to such Emergency Service Organizations until such time as approval and/or ratification is obtained. In the event that an ESO, other than an ESO that is a municipal fire department or emergency service district, is terminated as set forth above, the Williamson County Commissioners Court, upon a review and receipt of an advisory recommendation by the Williamson County Fire Chiefs Association, may request another ESO to cover and respond to all or parts of the response district of the terminated ESO. The agency accepting such terminated ESO's response district or portions thereof would be entitled to an appropriate share of funds from Williamson County based on the reimbursement Formula set forth in this Agreement. Such share of funds shall start on the next scheduled payment. 4 COPY V. Right to Withdraw Any party to this Agreement has the right to withdraw from this Agreement by providing express written notice of its decision to withdraw to Williamson County and to all other Emergency Service Organizations at least ninety (90) days prior to its projected withdrawal date. Following .the effective date of a party's withdrawal, such withdrawing party shall no longer receive any future funding or any other rights, privileges or benefits under this Agreement. If an ESO should withdraw prior to receipt of an upcoming installment payment, such ESO shall only be allowed to receive a pro rata portion of the next installment payment based on the period of time that such ESO actually provided services. VI. Term of Agreement; And Effective Date As set forth herein, the initial term of this Agreement shall be deemed to be effective as of October I, 2010 and shall continue until September 30, 2011. Each term of this Agreement shall be for one (1) year and shall automatically renew each year thereafter for one (1) year terns unless notification of an ESO's intent to not renew is sent to all other parties at least ninety (90) days prior to the last day of the then current term. Each ESO acknowledges that Williamson County shall also have the right not to renew this Agreement provided that Williamson County sends notice of its intent not to renew to all Emergency Service Organizations at least ninety (90) days prior to the last day of the then current term. The parties are subject to the rights of termination and suspension as contained herein. VII. Related Agreements The parties to this Agreement acknowledge that there may be existing mutual aid agreements and/or other related agreement between the parties relating to the provision of emergency services. The parties to this Agreement do not intend for the tenns or conditions of this agreement to supplant, terminate or otherwise affect the terms and conditions of any other agreements between any of the parties hereto. VIII. Relationship of the Parties The parties to this Agreement shall act in individual capacities and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of any other party for any purposes whatsoever. COPY The parties to this Agreement shall act in accordance with the policies, ordinances, and procedures established by the parties' own governing body. All claims for Workers' Compensation benefits arising out of this Agreement shall be the sole responsibility of the party who is the general employer of the employee or volunteer filing such claim. At no time shall the employees or volunteers of another party be considered to the borrowed servants or on loan to any other party to this Agreement. Each party hereto shall hold all other parties harmless from alt liability for injuries or damages to persons or property that might occur as a result of the act or omission of an act of the employees or volunteers of such party. Furthermore, any civil liability that results from the acts of a party hereto or from the acts of any of its employees, volunteers, agents, officers or representatives shall remain the sole responsibility of the party that causes such civil liability. IX. Miscellaneous Provisions A. Funds Owed Count'. If an Emergency Service Organization becomes obligated to pay or reimburse funds to Williamson County under this Agreement or under any other agreement with Williamson County, the governing body of such Emergency Service Organization hereby agrees and does assign to Williamson County any property tax payments, which come into the possession of Williamson County and that would otherwise be due such Emergency Service Organization and/or its governing body, so that all amounts of funding that is owed to Williamson County is paid to Williamson County. B. Breach of Other Aereements. If an Emergency Service Organization and/or its governing body is in breach of any other agreement to which Williamson Count is a party, Williamson County may suspend all funding under this Agreement to such Emergency Service Organization until which time that the breach is cured. C. Severabilitv. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, but rather this entire Agreement will be construed as if not containing the particular invalid or unenforceable provision or provisions, and the rights and obligations of all parties shall be construed and enforced in accordance therewith. All parties acknowledge that if any provision of this Agreement is determined to be invalid or unenforceable, it is the desire and intention of each that such provision be reformed and construed in such a manner that it will, to the maximum extent practicable, give effect to the intent of this Agreement and be deemed to be valid and enforceable. D. Construction. Each party hereto acknowledges that it and its counsel have reviewed this Agreement, and that there will be no presumption that any ambiguities will be resolved against the drafting party in the interpretation of this Agreement_ E. No Waiver of Immunities. Nothing in this Agreement shall be deemed to waive, modify or amend any legal defense available at law or in equity to any party hereto, or their past or present officers, employees, or agents, nor to create any legal rights or claim on behalf of any third party. Each party hereto does not waive, modify, or alter to any extent whatsoever the 6 COPY availability of the defense of governmental immunity under the laws of the State of Texas and of the United States. F. Assignment. The rights and duties of the party parties hereto may not be assigned or delegated without the prior written consent of all parties. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the parties hereto. G. Compliance with Applicable Laws. All parties agree to comply with all applicable federal, state and local ordinances, laws, rules, regulations, and Iawfttl orders of any public authority. II. Non -Appropriation and Fiscal Funding. The obligations of the parties under this Agreement do not constitute a general obligation or indebtedness of any party for which such party is obligated to levy, pledge, or collect any form of taxation. It is understood and agreed that Williamson County shall have the right to terrninate this Agreement at the end of' any Williamson County fiscal year if the governing body of Williamson County does not appropriate sufficient funds as determined by Williamson County's budget for the fiscal year in question. Williamson County may effect such termination by giving written notice of termination at the end of its then -current fiscal year. I. Execution in Multiple Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be considered an original, and all of which shall be considered as one original fully executed as of the date when all parties have executed an identical counterpart, notwithstanding the fact that all signatures may not appear on the same counterpart. J. Entire Agreement. This Agreement constitutes the entire agreement between the parties. The parties understand, agree, and declare that no promise, warranty, statement, or representation of any kind whatsoever which is not expressly stated in this Agreement has been made by any party, or its respective officers, employees, or other agents to induce execution of this Agreement. 7 COPY IN WITNESS WHEREOF, the parties execute this Agreement to be effective as of the 1st day of October, 2011. EMERGENCY SERVICE ORGANIZATIONS: WILLIAMSON COUNTY EMERGENCY SERVICES DISTRICT NO. I By: Printed Name: Representative Capacity: Date: , 20_ WILLIAMSON COUNTY EMERGENCY SERVICES DISTRICT NO. 2 By: Printed Naine: Representative Capacity: Date: , 20___. WILLIAMSON COUNTY EMERGENCY SERVICES DISTRICT NO. 3 By: Printed Name: Representative Capacity: Date: , 20__ WILLIAMSON COUNTY EMERGENCY SERVICES DISTRICT NO. 4 By: Printed Name: Representative Capacity: Date: , 20 WILLIAMSONCOUNTY EMERGENCY SERVICES DISTRICT NO. 5 By: Printed Name: Representative Capacity: Date: , 20___ WILLIAMSON COUNTY EMERGENCY SERVICES DISTRICT NO. 6 By: Printed Name: Representative Capacity: Date: , 20___ WILLIAMSON COUNTY EMERGENCY SERVICES DISTRICT NO. 7 By: Printed Name: Representative Capacity: Date: , 20 COPY 9 WILLIAMSON COUNTY EMERGENCY SERVICES DISTRICT NO. 8 By: Printed Name: Representative Capacity: Date: , 20_ WILLIAMSON COUNTY EMERGENCY SERVICES DISTRICT NO. 9 By: Printed Name: Representative Capacity: Date: , 20 WILLIAMSON COUNTY EMERGENCY SERVICES DISTRICT NO. 10 By: Printed Name: Representative Capacity: Date: , 20_ CITY OF CEDAR PARK, TEXAS By: Printed Name: Representative Capacity: Date: , 20_ COPY 10 CITY OF GEORGETOWN, TEXAS By: Printed Name: Representative Capacity: Date: , 20 CITY OF LEANDER, TEXAS By: Printed Name: Representative Capacity: Date: CITY t �� By: 20 UND RO , TEXAS Printed Name: KA5*-44A/ Representative Capacity: ivitcry---Date: 6o , 20 I, CITY OF TAYLOR, TEXAS By: Printed Name: Representative Capacity: Date: , 20_ COPY 11 BARTLETT VOLUNTEER FIRE DEPARTMENT By: Printed Name: Representative Capacity: Date: , 20_ COUPLAND VOLUNTEER FIRE DEPARTMENT By: Printed Name: Representative Capacity: Date: . 20_ FLORENCE VOLUNTEER FIRE DEPARTMENT By: Printed Name: Representative Capacity: Date: , 20_ GRANGER VOLUNTEER FIRE DEPARTMENT By: Printed Name: Representative Capacity: Date: , 20 COPY 12 JARRELL VOLUNTEER FIRE DEPARTMENT By: Printed Name: Representative Capacity: Date: , 20 JOLLYVILLE VOLUNTEER FIRE DEPARTMENT By: Printed Name: Representative Capacity: Date: , 20� SAM BASS VOLUNTEER FIRE DEPARTMENT By: Printed Name: Representative Capacity: Date: , 20_ TAYLOR VOLUNTEER FIRE DEPARTMENT By: Printed Name: Representative Capacity: Date: , 20 COPY 13 THRALL VOLUNTEER FIRE DEPARTMENT By: Printed Name: Representative Capacity: Date: , 20_ WEIR VOLUNTEER FIRE DEPARTMENT By: Printed Name: Representative Capacity: Date: , 20__ COPY 14 WILLIAMSON COUNTY: By: Printed Name: Representative Capacity: Date: , 20 COPY 15