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R81-37 12-14-81 1� r . �1 . �. . 1�.� 4.�, RESOLUTION N0 . R81-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS , AUTHORIZING TAE MAYOR TO EXECUTE � AN AGREEMENT BY AND BETWEEN THE CITY OF PEARLAND AND� THE CITY OF BROOKSIDE . BE IT RESOLVED by the City Council of the City of Pearland, Texas , that the Mayor be, and he is hereby authorized to execute for and in behalf of the City, an Agreement by and between the City of Pearland and the City of Brookside regarding Emergency Medical Service . PASSED AND APPROVED this 1Lf" day of ��-.�-� , —�— A. D. , 1981 . ��'C . - Tom Reid, Mayor City of Pearland, Texas ATTEST : ac-��-�� ��. Dorothy L. Cool, City Secretar � ^ L 11 Y `� �_ �r _ �b. � t � s THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS : COUNTY OF BRAZORIA T � AGREEMENT This Contract and Agreement, made and entered into on this 20th day o.f December , 1981 , 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 "City of Pearland , and the CITY OF BROOKSIDE , a General Law Munici- pal Corporation of Brazoria County, Texas , by and throuqh its duly authorized officials , hereinafter referred to as "City of Brookside" . WITNESSETHt � WHEREAS , the City of Pearland and the City of Brookside 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 qovernmental 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 corporate limits ; and WHEREAS , the City of Brookside has heretofore expressed a de- sire to enter into a Contract with the City of Pearland whereby the City of Pearland will provide emergency medical ambulance service within the corporate limits of the City of Brookside ; and WHEREAS , the City of Pearland is desirous of cooperating with the City of Brookside , and feels that it has the capability of ex- panding its present emergency medical ambulance service so as to serve the City of Pearland and the City of Brookside together . NOW THEREFORE, in consideration of the mutual covenants here- inafter set forth , the City of Pearland the City of Brookside aqree as follows : 1 . Whenever used in this Agreement : The term "Emergency Medical Ambulance Service" shall mean only such emerqency 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 requirinq imme- (4"'� diate first aid and/or medical treatment or any situation declared by a licensed physician as an emergency. 2 . The City of Pearland, for the consideration hereinafter described, agrees to furnish emergency medical ambulance service to the citizens of the City of Brookside who are domiciled and/or situated within the corporate city limits of said City. 3 . In consideration for the Emergency Medical Ambulance Ser- vice to be provided by the City of Pearland, the City of Brookside agrees to timely pay the following assessments and charges , to-wit: (a) The sum of Thirty-Five Hundred and No/100 ( $3 , 500 . 00) Dollars representing a proportionate share of the Capital Costs and Maintenance Costs of the Ambulance Service, which sum shall b.e due and payable to the City of Pearland on or before midnight of the 19th day of December , 1982 . (b) All account receivable shall be payable to and re- main the property of the City of Pearland. 4. The City of Brookside gives and grants to the City of Pear- land and its employees and agents , full and complete authority to make ambulance runs, over the City of Brookside ' s streets , roads, alleys and highways and other Ypublic places . 5 . This Agreement shall be for an initial or primary term of one (1) year, beginning on the 20th day of December, 1981 , and terminating at midnight on the 19th day of December , 1982 . 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 Pearland 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 . 8. The City of Brookside agrees to hold harmless , save and indemnify the City of Pearland for any and all claims for damages , personal injury, and/or death that may be asserted against the City of Pearland arising from its performance hereunder within the limits of the City of Brookside by reason of the Texas Municipal Torts Claims Act, or any other appropriate legislative action. protection for the public health, at a time when few individuals or corporate enterprises will accept the responsibility , makes it imperative 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 perfor- mance by. the City of Pearland of any of its obligations' or under- takings hereunder shall be interrupted or delayed by any occurrence beyond its control , whether 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 mutuali.agreement of the parties hereto , provided that any such modification, change and/or alter- ation be reduced to writing. 12 . Upon execution hereof, this Contract shall .be binding upon the City of Pearland and the City of Brookside , their succes- sors and 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 , and this Contract shall be liberally con- strued to that end . If any part of this Contract shall be held illegal , such part shall be deemed severable and the remaining parts shall nevertheless be binding , if enough remains to constitute . a reasonably workable and fair scheme for this service and its oper- ation . IN WITN SS WHEREOF, we have hereunto set our hands this /'* day of �, , A. D . , 1981 , in duplicate originals . CITY OF PEARLA , TEXAS