R-2015-082 2015-05-11RESOLUTION NO. R2015-82
A Resolution of the City Council of the City of Pearland, Texas,
authorizing the City Manager or his designee to enter into an Interlocal
Agreement with Brookside Village for emergency medical services.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Interlocal Agreement by and between the City of Pearland
and Brookside Village, 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 Interlocal Agreement with Brookside Village.
PASSED, APPROVED and ADOPTED this the 11th day of May. A.D., 2015.
ATTEST:
APPROVED AS TO FORM.
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Resolution No. R2015-82
Exhibit "A"
INTERLOCAL AGREEMENT FOR
EMERGENCY MEDICAL SERVICES
This Agreement, made and entered into by and between the City of Pearland, a home rule
municipality incorporated under the laws of the State of Texas, hereinafter called "City," and the
Brookside Village, hereinafter called "BV."
RECITALS
Whereas, The City and BV desire to enter into an agreement allowing the City to provide
emergency medical services in BV; and
Whereas, this Agreement is entered into pursuant to the authority of the Interlocal
Cooperation Act, V.T.C.A. Gov. Code Sec. 791.001 et seq.
WITNESSETH
NOW THEREFORE, in consideration of the mutual covenants, agreements and benefits
to the parties herein named, it is hereby agreed as follows:
I. Purpose
The purpose of this Agreement is to allow the City to provide emergency medical
services in BV where it would not otherwise be available.
II. Term
This Agreement shall remain in full force and effect from June 4, 2015 until September
30, 2016 ("Initial Term"), and shall automatically renew on October 1 s` of each
subsequent year ("Renewal Terms") unless terminated as provided herein. Either party
shall have the right to terminate this Agreement at its convenience by providing the
other party a minimum of thirty (30) days' written notice. Notwithstanding the
forgoing, the parties shall, no later than September 1st of each year, review the
costs provided for in Section IV of this Agreement to determine whether said costs
shall be renegotiated to insure that the City recaptures all costs associated with
providing emergency medical services pursuant to this Agreement.
III. City Responsibilities
• Automatically provide emergency medical services for emergency medical
incidents within the incorporated limits of BV.
• Provide emergency medical service using Texas Department of State Health
Services certified and licensed emergency medical personnel and equipment.
• Provide emergency medical service in accordance with Pearland Fire
Department Medical Protocols as directed by the Pearland Fire Department
Medical Director.
• 9-1-1 telephone calls received by a Public Safety Answering Point for an
emergency incident within the incorporated limits of BV shall be transferred
to the Pearland Fire Department dispatching agency.
• Emergency medical incidents shall include unplanned illness or injury that
may require medical evaluation and/or transportation by ambulance to an
appropriate medical facility.
• Emergency medical services shall include, as necessary or needed, basic life
support, advanced life support and transport by ambulance to an appropriate
medical facility. In no event shall emergency medical services include the
routine transport of patients that, in the sole discretion of the Pearland Fire
Department, are not emergency medical incidents.
• Pearland Fire Department medical personnel shall have complete authority
regarding the treatment and transport destination of any patient in accordance
with Pearland Fire Department Medical Protocols.
• The Pearland Fire Department shall respond to emergency medical calls to
the best of its ability and based on availability of City resources, but the City
at all times shall reserve the discretion to request and utilize surrounding
agencies to provide mutual aid when appropriate.
IV. BV Responsibilities
BV shall be responsible for payment of an Initial Term payment of $34,200 (estimated
570 rooftops x $5 per rooftop x 12 months) to the City on or before December 31,
2015. BV shall make payment of any Renewal Term payment to the City on or before
December 31' of each Renewal Term.
V. NOTICES
A. All notices and communications under this Agreement shall be mailed by certified
mail, return receipt requested, or delivered to the City at the following address:
City of Pearland
3519 Liberty Drive
Pearland, Texas 77493
Attention: City Manager
B. All notices and communications under this Agreement shall be mailed by certified
mail, return receipt requested, or delivered to BV at the following address:
6243 Brookside Road
Brookside Village, Texas 77581
VI. CURRENT FUNDS AVAILABLE
Both parties hereto represent that they have appropriated sufficient funds to satisfy their
respective obligations under this Agreement.
VII. MISCELLANEOUS
A. City and BV recognize and agree that City, in performance of this agreement,
shall act as an independent contractor and shall have control of its own work and the
manner in which it is performed.
B. City and BV recognize and agree that BV, in performance of this Agreement,
shall act as an independent contractor and shall have control of its own work and the
manner in which it is performed.
C. City and BV shall comply with all applicable laws, regulations and
requirements in performance of their respective obligations under this
agreement.
D. City and BV recognize and agree that nothing herein shall be construed to create
any rights in third parties.
E. City and BV agree that no party shall have the right to seek indemnification or
contribution from any other party hereto for any losses, costs, expenses, or damages
directly or indirectly arising, in whole or part form this Agreement.
F. Whenever possible, each provision of this agreement shall be interpreted in such
a manner as to be effective and valid under applicable law, but if any section,
subsection, paragraph, sentence, clause, phrase, work or portion of this Agreement
is, for any reason, held invalid unconstitutional or otherwise unenforceable by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining
portions thereof.
G. The Rights and Obligations of this Agreement shall not be assigned without prior
written consent of the City and BV.
H. This Agreement may only be amended, modified, or supplemented in writing and
subsequently signed and dated by the City, as acted upon by its City Council and BV,
as acted upon by its City Council.
Each person signing below represents that he or she has read this Agreement in its entirety,
including any and all attachments and exhibits, understands its terms, is duly authorized to execute
this Agreement on behalf of the party indicated by his or her name below and agrees on behalf of
said party that the party will be bound by these terms.
SIGNED and ENTERED his day of
BROOKSIDE VILLAGE
TTS ST:
Vik,0
CITY OF PEARLAND
Clay Pearson, City Manager
ATTEST:
g Lorfi y Secr
, 2015.
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