R-2013-002-2013-01-14RESOLUTION NO. R2013-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN EMS INTERLOCAL AGREEMENT WITH FORT BEND
COUNTY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain EMS Interlocal Agreement by and between the City of
Pearland and Fort Bend County, a copy of which is attached hereto as Exhibit "A" and
made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest an EMS Interlocal Agreement with Fort Bend County.
PASSED, APPROVED and ADOPTED this the 14th day of January, A.D., 2013.
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TOM REID
MAYOR
ATTEST:
Y1OVJNG Ly FI G, T
Y SE ' ' ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
STATE OF TEXAS
COUNTY OF FORT BEND
§
Resolution No. R2013-02
Exhibit "A"
MUTUAL AID AGREEMENT FOR EMERGENCY MEDICAL SERVICES
BETWEEN FORT BEND COUNTY AND THE CITY OF PEARLAND
The Interlocal Agreement, made and entered into between the COUNTY OF FORT BEND,
acting by and through its duly authorized Commissioners Court, hereinafter referred to as
"FORT BEND COUNTY", and the CITY OF PEARLAND, organized and existing under virtue
of the laws of the State of Texas, hereinafter referred to as "CITY", acting herein by and through
its duly authorized governing body, WITNESSETH:
WHEREAS, from time to time, situations arise demanding combined efforts of two or more
emergency medical services to provide service in the area of FORT BEND COUNTY and CITY:
and,
WHEREAS, this Agreement is made pursuant to and under the provisions of Chapter 791 of the
Texas Government Code, V.T.C.A., the Interlocal Cooperation Act: and,
WHEREAS, the governing body of FORT BEND COUNTY and CITY desire to improve the
provisions of emergency medical services by entering into an Interlocal Agreement for
Emergency Medical Services, pursuant to Chapter 791 of the Texas Government Code, V.T.C.A.,
the Interlocal Cooperation Act; and,
WHEREAS, FORT BEND COUNTY and CITY, pursuant to the provisions of Chapter 791 of
the Texas Government Code, V.T.C.A., the Interlocal Civil Statute, have determined that it
would be in the best interest of FORT BEND COUNTY and CITY and the citizens thereof, to
enter into an Interlocal Agreement in order to provide better Emergency Medical Service by
authorizing cooperation among the emergency medical services of FORT BEND COUNTY and
CITY; and,
WHEREAS, FORT BEND COUNTY and CITY desire to enter into a Mutual Aid Agreement of
the provisions of emergency medical services;
NOW, THEREFORE, it is mutually agreed by and between FORT BEND COUNTY, acting
herein by and through its duly authorized Commissioners Court, and CITY, acting herein by
and through its duly authorized governing body, as follows:
ARTICLE I
SCOPE OF SERVICES
1.01 Services in General:
FORT BEND COUNTY and CITY agree to render mutual emergency medical services aid and
make available resources for such aid, providing that it is understood that the party rendering
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aid may withhold resources to provide reasonable protection for the citizens within its
jurisdiction or service area. Requests for mutual aid pursuant to this Agreement shall be made
by and to the respective Director, Emergency Medical Service Administrator, or their
designated representatives. It is understood that each party, while rendering aid under this
Agreement, shall retain the same powers, duties, rights, privileges and immunities as if it were
performing its duties in FORT BEND COUNTY and CITY in which it normally employed or
rendered services. Response time for rendering aid under this Agreement shall be based upon
existing operating procedures, plus necessary travel time.
1.02 Standard of Services:
It is agreed that parties to this Agreement shall make requisite assurances that all service
personnel have the certification, qualifications, skill and expertise to perform the scope of
services to be rendered. Service personnel shall operate under their own existing operations
protocols, and, in the absence of a physician, shall work under their own medical direction.
ARTICLE II
REMUNERATION
2.01 Reimbursement for Services:
FORT BEND COUNTY and CITY shall not be responsible for reimbursement for mutual aid
emergency medical services rendered hereunder. All remuneration for such services shall be the
responsibility of patient(s) treated, or a third party, and shall be based upon usual costs
assigned for this service.
2.02 Reimbursement for Costs:
Each party to this Agreement shall be responsible for its own costs and expenses.
ARTICLE III
LIABILITY
3.01 To the extent allowed by law, FORT BEND COUNTY agrees to indemnify and hold
CITY harmless with respect to any claim, demand, or suit based upon any response by CITY
EMERGENCY MEDICAL SERVICES arising under its obligation under this Interlocal
Agreement. Notwithstanding any of the above provisions, if it is determined that CITY
EMERGENCY MEDICAL SERVICES is solely negligent with regard to any claim, demand, or
suit arising out of the aforementioned Interlocal Agreement, CITY will hold FORT BEND
COUNTY harmless and indemnify FORT BEND COUNTY from costs incurred to the extent
allowed by law.
3.02 To the extent allowed by law, CITY agrees to indemnify and hold FORT BEND
COUNTY harmless with respect to any claim, demand, or suit based upon any response by
FORT BEND COUNTY EMERGENCY MEDICAL SERVICES arising under its obligation
under this Interlocal Agreement. Notwithstanding any of the above provisions, if it is
determined that FORT BEND COUNTY EMERGENCY MEDICAL SERVICES is solely
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negligent with regard to any claim, demand, or suit arising out of the aforementioned Interlocal
Agreement, FORT BEND COUNTY will hold CITY harmless and indemnify CITY from costs
incurred to the extent allowed by law.
3.03 It is understood that liability to all parties is limited by existing laws covering medical
personnel in the performance of their duties in emergency situation.
3.04 It is expressly understood and agreed that each party hereto shall have no liability for
the wages, disability payments, worker's compensation, pension payments, damage to
equipment and clothing, medical expenses, expenses of travel, food lodging or other
compensation, or expenses of personnel of another party's Emergency Medical Service,
regardless of whether such personnel performed services outside the jurisdiction of his or her
employer.
ARTICLE IV
TIME OF PERFORMANCE
4.01 It is expressly understood and agreed that the terms of this Agreement, if said
Agreement is duly executed by all parties, shall become effective upon the date of the last
signature.
ARTICLE V
TERMINATION
5.01 It is expressly understood and agreed that this Agreement is effective from the date
signed by the last party hereto until September 30, 2014, with automatic one-year renewals
unless terminated earlier by either party by giving at least thirty (30) days written notice to the
other party.
5.02 It is expressly understood and agreed that this Agreement may be terminated at any
time without cause by either party upon thirty (30) days written notice to the other parties.
5.03 Notice shall be given by registered or certified mail, return receipt requested, to the
other party at the addresses set out below.
To FORT BEND COUNTY: Fort Bend County
Attention: County Judge
301 Jackson, Suite 719
Richmond, Texas 77469
To CITY:
City of Pearland
Attention: City Manager
3519 Liberty Drive
Pearland, Texas 77581
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ARTICLE VI
LAWS, STATUTES AND ORDINANCES
6.01 The parties shall observe and comply with all federal, state, county, and city laws, rules,
ordinances, and regulations in any manner affecting the conduct of services herein provided
and performance of all obligations undertaken by this Agreement.
ARTICLE VII
ENTIRE AGREEMENT
7.01 This instrument contains the entire Agreement between the parties hereto relating to the
rights herein granted and the obligations herein assumed. Any oral representations or
modifications concerning this instrument shall be of no force or effect excepting a subsequent
modification in writing signed by all parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be
signed and approved by the proper officers of each of the contracting parties, and attested by
the proper officer on the dates written below.
SIGNED on this Pi day of -144444-4441
Commissioners Court of Fort Bend County.
Dianne Wilson, County Clerk
ATTEST:
By:
By:
X
Robert E. Hebert, County Judge
CITY OF PEARLAND, TEXAS
Mayor
Date:
MTR/nm: 2013 agreements/EMS/MutualAid.Pearland: 1341- (09/05/12)
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