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Res 87-26 An Agreement for Fire Protection Services with the City of SouthlakeRESOLUTION 87-26 STATE OF TEXAS COUNTY OF TARRANT THIS CONTRACT AND AGREEMENT is made and entered into by and between the City of Southlake, Tarrant County, Texas, a municipal corporation, acting by and through its City Council, hereinafter referred to as "Southlake", and the City of Westlake, Tarrant County, Texas, a municipal corporation, acting by and through its City Council, hereinafter referred to as "Westlake", and is based upon the hereinafter set . forth covenants, conditions, considerations, terms and provisions: 1. The City of Southlake has a fire department recognized by the Fire Commission on Fire Protection and Personnel Standards and Education of the State of Texas, and has, by an order or resolu- tion of its governing body, been authorized to enter, into an agreement with the City of Westlake providing for the use of the fire trucks and other fire fighting and emergency equipment of Southlake for the purpose of fire protection and other emergency services to real and personal property and to persons located within the boundaries of the City of Westlake, Tarrant County, Texas, and its extraterritorial jurisdiction. (All references in this agreement to Westlake shall automatically be deemed to include areas contained within the extra --territorial jurisdiction of the City of Westlake, as that area is defined and described in writing and furnished to the City of Southlake at the execution of this agreement and periodically updated thereafter. The City of Southlake hereby agrees to provide such services, pursuant to this Contract and Agreement as entered into by each of the said cities under the authority of Article 4413 (32c) of the Civil Statutes of the State of Texas. The cities of Southlake and Westlake each hereby agree that for and in consideration of the monies to be paid by Westlake, as hereinafter set forth, to Southlake, the City of Southlake shall provide Westlake and its citizens and property owners, including those within its extraterritorial jurisdiction, through its fire department, such fire protection and other emergency services of the same nature that it provides within the City of Southlake. The City of Westlake shall pay the City of Southlake, within thirty (30) days after the receipt of statements therefor, for fire and other emergency services at the rate of $150.00 per call requiring any fire or rescue units, regardless of total number of units, dispatched by Southlake. For the purpose of this provision and the charges assessed hereunder, rescue calls shall be those calls in which a fire or rescue unit is dispatched, but the term rescue unit shall not include ambulance services. Ambulance fees are provided for elsewhere in this agreement and shall be charged for even when dispatched with fire or rescue units. Westlake shall be under no obligation with respect to providing any fire fighting equipment, or any other equipment incidental to the carrying out of this Contract, and shall have no right, title or interest in and to the fire fighting equipment belonging to Southlake, or its Fire Department. For purposes of determining the payments due under this Contract, this Contract shall be in full force and effect for a term of two years from and after the approval and execution of said -2- agreement by both cities. For response purposes this Agreement shall remain in full force and effect until a renewal or extension is approved by Westlake and Southlake and a new contract is initiated retroactive to the expiration date of this Contract, but not longer than six months after such expiration or termination if no new contract or an extension or modification of this agreement is not entered into by said cities. The funds to be paid by Westlake for use of the fire fighting equipment and service by the fire department of Southlake for fighting fires within the limits of Westlake shall be paid out of the general fund of Westlake, and shall be paid to Southlake as hereinabove provided. Whenever the City of Southlake or its fire department is responding to a call within the city limits or extraterritorial jurisdiction of the City of Westlake, it shall operate under the fire code which is in effect within the city limits of Southlake or its fire department. Any fire marshals, investigators, or other personnel who respond from Westlake to a five scene which is under the control of Southlake or its fire department shall be governed by the fire code of the City of Southlake, and any such persons shall exercise no authority, control or direction over any employee, agent, representative, fireman or other emergency personnel or equipment of the City of Southlake. The City of Westlake hereby agrees that the City of Southlake shall be designated as the entity for residents of the City of Westlake and its extraterritorial jurisdiction to contact for the -3- purpose of obtaining emergency ambulance service or assistance and the City of Southlake agrees to provide such emergency ambulance assistance or services by use of its equipment at such time that such equipment is acquired by Southlake and through mutual aid agreements until such equipment is obtained by Southlake. The City of Westlake agrees to pay Southlake for such emergency ambulance service or assistance based upon $65.00 per call, together with charges for any oxygen or medications administered by the personnel operating said ambulances. The City of Westlake shall be billed on a monthly basis for all calls for ambulance service which result in an ambulance being dispatched to a location within the city limits or extraterritorial jurisdiction of the City of Westlake for emergency ambulance assistance. All charges for emergency ambulance service shall be paid by the City of Westlake within thirty (30) days of the date of billing by Southlake and if payment is not so made, the emergency ambulance service contracted for herein shall cease until all such charges have been paid. It is further agreed by the City of Westlake that all charges incurred for emergency ambulance service to anyone within the City of Westlake shall be paid by the City of Westlake and the City of Westlake shall thereafter have the sole responsibility for collection of such amounts. Emergency ambulance responses for which the City of Southlake is entitled to payment under this contract shall consist of those responses made to calls for emergency ambulance service to Westlake as well as responses to fire department emergency calls which result in an ambulance or rescue unit being utilized to make an -4- emergency ambulance run to a location within the city limits of Westlake or within its extraterritorial jurisdiction. All payments under this contract shall be made by the City of Westlake within thirty (30) days after the receipt of a statement from the City of Southlake itemizing the particular calls or responses by date, address, nature of call, type of unit or units responding and specifying the charge being made for each particular call or response. Further, payment shall be made by the City of Westlake for all such calls or responses whether initiated by authorized personnel of the City of Westlake or by any person within the City of Westlake or its extraterritorial jurisdiction, unless the City of Westlake notifies the City of Southlake by written resolution duly passed by the City Council for the City of Westlake instructing the City of Southlake Fire Department and Emergency Personnel and Equipment to respond only to calls placed by designated authorized City Officials or designated employees of the City of Westlake. The City of Westlake understands and agrees that the City of Southlake is not, and shall not, be required to purchase any additional equipment of any type or nature for fire or emergency purposes to comply with this agreement, and that if multiple fires or emergencies occur with the cities of Southlake and/or Westlake so as to utilize all equipment of the Southlake Fire Department, that other cities under mutual aid agreements may be utilized to respond to fire and emergency calls and the City of Westlake releases the City of Southlake from all liability, if any, under such circumstances. -5- The Fire Chief, Fire Marshal, Assistant Fire Chief, or other appropriate authorized personnel of the City of Southlake shall be the sole determinant of the type and amount of equipment and number of personnel dispatched to any fire or other emergency within the City of Westlake. At any time that the fire department or other emergency personnel of the City of Southlake are responding to a fire or other emergency within the City of Westlake, all police and emergency personnel of the City of Westlake shall, to the extent allowed by law, be subject to the direction and order of the highest ranking Southlake Fire Department Personnel as to any actions or aid required in connection with the particular emergency to which Southlake is responding. Westlake agrees, in accordance with Section 4(g) of Article 4413(32c), Texas Revised Civil Statutes, that the City of Westlake shall be responsible for any civil liability related to the furnishing of any service by the City of Southlake pursuant to this contract which would otherwise be the responsibility of the City of Westlake to furnish absent this contract or agreement, and the City of Westlake hereby agrees to indemnify and hold harmless the City of Southlake from any liability or damages to third parties where such result from any acts or omissions by the City of Southlake, or its agents, employees, representatives,' officers, officials or volunteer or paid fire department or other emergency personnel in providing services to persons property within the City of Westlake or its extraterritorial jurisdiction. The parties hereto agree that the charge of $65.00 per call IM for emergency ambulance service and $150.00 per call for fire and rescue unit calls are not based upon any experience or actual costs incurred by Southlake and are merely reasonable estimates of the costs for providing such services. It is agreed that the City of Southlake shall have the right to adjust such amounts after the end of the initial twelve month period of this agreement and that such adjustment, if any, shall be based upon the actual costs incurred during the initial eleven months of this agreement. Southlake shall provide thirty (30) days prior written notice of any such modification of charges and Westlake shall notify Southlake, in writing, of its acceptance or rejection of such charges prior to the effective date thereof or such charges, as modified, shall become effective. In the event that Westlake rejects such modified charges, in writing, this agreement shall terminate automatically at the end of thirty (30) days after receipt of such written rejection by Southlake, unless a shorter period is specified by Westlake in its written notice, during which time the prior charges shall remain effective. This agreement is being executed by the Mayor of the City of Westlake by authority of a Resolution duly passed and adopted by the City Council of such City on the 9th day of September , 1986. This agreement is being executed by the Mayor of the City of Southlake by authority of a Resolution duly passed and adopted by the City Council of such City on the 1 day of 1987. -7- WITNESS the signatures of the respective authorized representatives on this 3 j . %��.�� —► 1987. ATTEST: 4,nh,/t /-� & SAndra LeGrand City Secretary John Boyle, Jr. City Attorney ATTEST: IL Vity c-cretary City A',,.tcr--sy r8 - parties by their day of CITY OF SOUTHLAKE Mayor CITY OF WESTLAKE Mayor