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R84-30 11-26-84 RESOLUTION NO. R84-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF PEARLAND AND THE CITY OF BROOKSIDE VILLAGE. BE IT RESOLVED by the City Council of the City of Pearland, Texas, that the Mayor be, and he is hereby authorized to executed for and in behalf of the City, an Agreement by and between the City of Pearland and the City of Brookside Village regarding Emergency Medical Services. Said Agreement is attached hereto as Exhibit "A". PASSED AND APPROVED THIS ~ day of ~ A. D. 1984. Mayor, City of Pearland Attest: City Secretary EXHIBIt "A" THE STATE OF TEXAS COUNTY OF BRAZORIA ~ ~ KNOW ALL MEN BY THESE PRESENTS: AGREEr~ENT This Contract and Agreement, made and entered into on this 20th day of December, 1984, by and between the CITY OF PEARLAND, a Home Rule Municipal Corporation of Brazoria County, Texas, by and through its duly authorized officials, hereinafter referred to as " C i t Y 0 f Pea r 1 and 1/, and the C I T Y 0 F B ROO K SID E V ILL AGE, aGe n e Y' alL a \'1 Municipal Corporation of Brazoria County, Texas, by and through its duly authorized officials, hereinafter referred to as I/City of Brook- side Villagel/. HITNESSETH: WHEREAS, the City of Pearl and and The City of Brookside Village are authorized by the Interlocal Cooperation Act, Article 4413 (32c) V.C.S. and Article 4434 V.C.S. to enter into joint contracts and agreements for the performance of governmental functions and services including health and sanitation functions normally associated with the operation-of government such as the maintaining and operation of an emergency medical ambulance service; and WHEREAS, the City of Pearland is presently maintaining and operating an Emergency Medical Ambulance Service and is providing said service to its citizens within its corpol~ate limits; and WHEREAS, the City of Brookside Village has heretofore expressed a desire to enter into a Contract with the City of Pear1and whereby the City of Pearland will provide emergency medical ambulance service within the corporate limits of the City of Brookside Village; and WHEREAS, the City of Pear1and is desirous of cooperating with the City of Brookside Village, and feels that it has the capability of expanding its present emergency medical ambulance service so as to serve the City of Pearland and the City of Brookside Village together. NOW THEREFORE, in consideration of the mutual convenants here- inafter set forth, the City of Pearland, the City of Brookside Village agree as follows: 1. Whenever used in this Agreement: The term I/Emergency Medical Ambulance Service" shall mean only such emergency medical care and transportation services necessary for the care of those persons who become critically injured or ill due to any combination of circumstances which result in injury or illness requiring imme- ~ J~' ,.'''', .~;:: diate first aid and/or medical treatment or any situation declared by a licensed physician as an emergency. 2. The City of Pearl and, for the consideration hereinafter described, agrees to furnish emergency medical ambulance service to the citizens of the City of Brookside Village who are domiciled and/or situated within the corporate city limits of said City. 3. In consideration for the Emergency Medical Ambulance Ser- be provided by the City of Pear1and, the City of Brookside agrees to timely pay the following assessments and charges, vice to Village to-wit: (a) The sum of Five Thousand Five Hundred and No/lOa ($5,500.00) Dollars representing a proportionate share of the Capital Costs and Maintenance Costs of the Ambulance Service, which sum shall be due and payable to the City of Pear1and in two installments as follows: First Installment, on or before June 19, 1985; Second Installment, on or before January 19, 1986. (b) All accounts receivable shall be payable to and remain the property of the City of Pear1and. 4. The City of Brookside Village gives and grants to the City of Pearland and its employees and agents, full and complete authority to make ambulance runs, over the City of Brookside Village's streets, roads, alleys and highways and other public places. 5. This Agreement shall be for an initial or primary term of one (1) year, beginning on the 20th day of December, 1984, and terminating at midnight on the 19th day of December, 1985. 6. In order to have a more effective relationship between the respective Cities, and to provide the best possible ambulance ser- vice, it is mutually agreed that all questions arising under this Agreement shall be handled and resolved between the governing bodies of the Cities and by no other means or persons. 7. Both parties mutually agree that the City of Pearl and is an independent Contractor, and shall have the exclusive control of per- formance hereunder; and that employees and/or agents of the City of Pearland in no way are to be considered employees or agents of the City of Brookside Village. 8. The City of Brookside Village agrees to hold harmless, save and idemnify the City of Pearland for any and all claims for damages, personal lnJury, and/or death that may be asserted against the City of Pear1and arising from its performance hereunder within the limits of the City of Brookside Village by reason of the Texas Municipal Torts Claims Act, or any other appropriate legislative action. 9. The fact that the City of Pearland is accepting the respon- sibility for operating the Emergency Medical Ambulance Service under this Contract as part of its responsibility to provide -2- protection for the public health, at a time when few individuals or corporate enterprises will accept the responsibility, makes it imper- ative that the performance of this vital service be recognized as a governmental function and that the doctrine of governmental immunity shall be and it is hereby invoked to the extent of the applicable laws of the State of Texas. 10. It is mutually agreed that in the event that the performance by the City of Pearland of any of its obligations or undertakings hereunder shall be interrupted or delayed by any occurrence beyond its control, v/hether such occurrence be an act of God or the common enemy or the result of war, riot, civil commotion, sovereign conduct, unavailability, breakage or accidents of vehicles or machinery, or the act or conduct of any person or persons not a party or privy hereto, then it and its employees and/or agents, shall be excused from such performance for such period of time as is reasonably necessary after such occurrence to remedy the effects thereof. 11. This Agreement may be modified, changed or altered at any time during the primary term, upon mutual agreement of the parties hereto, provided that any such modification, change and/or alter- ation be reduced to writing. 12. the Ci ty sors and Upon execution hereof, this Contract shall be binding upon of Pearland and the City of Brookside Village, their succes- assigns. 13. The purpose of this Contract is to provide as far as possible for the rights and obligations of the respective Cities in respect to providing emergency health services to the citizens of Pearland and Brookside Village, and this Contract shall be liberally construed to that end. If any part of this Contract shall be held illegal, such part shall be deemed severable and the remaining parts shall neverthe- less be binding, if enough remains to constitute a reasonably workable and fair scheme for this service and its operation. IN WITNESS WHEREOF, we have hereunto set our hands this ~ 7 day of ~ ' A.D., 1984, in duplicate originals. CITY OF,PEARLAro) ,TEXAS By: ~~ I~ May 0 r ATTEST: ['!t~cr{~ CITY OF BROOKSIDE VILLAGE, TEXAS ATTEST: By: ~1 ay 0 r City Secretary -3-