1987-026RESOLUTION 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
r -
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-
f
I
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
i
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
W
cy 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 l day of
1987.
7-
e
WITNESS the signatures of the respective parties by their
authorized representatives on this '51 day of
1987.
ATTEST: CITY OF SOUTHLAKE
S'Andra LeGrand
City Secretary Mayor
John Boyle, Jr.
City Attorney
ATTEST: CITY OF- -WESTLAKE _
City c =.cretary Mayor -
City --attorney
8-
t:,_