R79-02 1-8-79RESOLUTION NO. R79-2
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.
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 / day of
A. D., 1979.
ATTEST:
Mayor, City of Pearland, Texas
City Secretary,
THE STATE OF TEXAS ~
KNO~ ALL ~EN BY TH~SE PRESENTS:
COUNTY OF BRAZORIA ][
AGREE~NT
This Contract and Agreement, made and entered into on this 20th day of
December, 1378, by and between the CITY OF PEARLAND, a Home Rule ~unicipal
Corporation of Brazoria County, Texas, by and through its duly authorized of£icia]s,
hereinafter referred to as "City of Pearland", and the CITY OF BROOKSIDE, a
General Law Municipal Corporation of Brazoria County, Texas, by and through its
duly authorized officials, hereinafter referred to as "City of Brookside,,.
~ITNESSET~:
[fltEREAS, the City of Pearland and the City of Brookside are authorized by
the Interlocal Cooperation Act, Article 4413 ($2c) 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
~HEREAS. 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
~HHREAS, the City of Brookside has heretofore expressed a desire 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 expanding its present emergency
medical ambulance service so as to serve the City of Pearland and the City of
Brookside together.
NO~ THEREFORE, in consideration of the mutual covenants hereinafter set forth,
the City of Pearland and the City of Brookside agree as follows:
1. Whenever used in this Agreement: The term "Emergency Medical Ambulange
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
immediate 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 Service 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 Fifteen Hundred & No/100 ($1,500.00) Dollars representing a
proportionate share of the Captial Costs and Maintenance Costs of the Ambulance
Service, which sum shall be due and payable to the City of Pearland on or before
midnight of the 19th day of December, 1979.
(b) The sum of Twenty -Five $ No/100 ($25.00) Dollars per ambulance call made
by the Emergency Medical Ambulance Service within the corporate limits of the City
of Brookside. The City of Pearland shall submit billings to the City of Brookside
at the close of business at the end of each month for all ambulance calls made with-
in the City of Brookside and the City of Brookside shall pay the aggregate of all
monthly billings accrued during the term of this Contract on or before midnight of
the 19th day of December, 1979.
(c) All accounts receivable shall be payable to and remain the property of
the City of Pearland.
A. The City of Brookside 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'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, 1978 and terminating at midnight on the
19th day of December, 1979.
6. In order to have a more effective relationship between the respective
Cities, and to provide the best possible ambulance service, 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 performance 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.
9. The fact that the City of Pearland is accepting the responsibility for
operating the Emergency Medical Ambulance Service under this Contract as part of
its responsibility to provide 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 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, whether such occurence be an act of
God or the common enemy or the result of war, riot, civil commotion, sovereign con-
duct, 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 alteration be reduced to writing.
12, Upon execution hereof, this Contract shall be binding upon the City of
Pearland and the City of Brookside, their successors 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 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 $ 4 day of
(7st 7, , 1979 in duplicate originals.
CITY OF PEARLAND, TEXAS
ATTEST'
CCity Secretary
<p `ATTESSTT:
By:
Mayor
CITY OF BROOKSIDE, TEXAS
By: el, se
Mayor