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05-56 - R TOWN OF PROSPER, TEXAS RESOLUTION NO.05-56 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING THE MAYOR OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE AN AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS AND COLLIN COUNTY REGARDING EMERGENCY MEDICAL SERVICES. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Mayor of the Town of Prosper, Texas, is hereby authorized to execute,on behalf of the Town Council of the Town of Prosper, Texas, an Agreement between the Town of Prosper, Texas and Collin County regarding emergency medical services. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 12th day of July, 2005. Charles Nis nger, r ATTEST TO: hanae Jenni , Town Se tary COUNTY OF COLLIN EMERGENCY AMBULANCE SERVICES This Agreement is made on the 1st day of October, 2005, by and between the Town of Prosper,Texas ("Prosper") and Collin County,Texas ("Collin County"). WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code authorizes units of local government to contract with one or more units of local government to perform government functions and services; and WHEREAS, this Agreement is entered into pursuant to the authority, under the provisions of, and in accordance with, Chapter 791 of the Texas Government Code, for the performance of governmental functions and services; specifically, emergency ambulance services; and WHEREAS, Prosper provides these services to the citizens of Prosper and has the capacity to service other municipalities; and WHEREAS, Collin County has investigated and determined that it would be advantageous and beneficial to Collin County and its inhabitants to provide emergency ambulance services to Collin County and its inhabitants; and WHEREAS, Collin County desires to engage Prosper, and Prosper desires to be engaged by Collin County, to provide emergency ambulance services as set forth herein; and WHEREAS, the governing bodies of Prosper and Collin County desire to foster good-will and cooperation between the two entities; d WHEREAS, Prosper and Collin County deem it to be in the best interest of both entities to enter into this Agreement relative to emergency ambulance services. In consideration of the mutual covenants contained herein, Prosper and Collin County agree as follows: I. Services to be Performed Collin County agrees to engage Prosper to furnish emergency ambulance services to the unincorporated areas of Collin County know as Celina and Prosper Fire Districts, and to answer all emergency ambulance calls within the unincorporated area of Celina and Prosper Fire Districts as shown on the map attached hereto and unincorporated herein for all purposes as Exhibit "A". The level of service required under this Agreement shall include Advanced Life Support("ALS"). II. Duration of Agreement Unless mutually initiated, cancelled, or terminated earlier, with thirty (30) days written notice, this Agreement shall commence on the 1st day of October 2005. This contract expires at midnight on September 30, 2006. This contract may be extended for additional time with the yearly fees and payments being renegotiated at that time. III. Compensation Collin County shall pay Prosper for the services referred to in Paragraph I at the rate of $44,467.00 per year on or before the 30th day of September of each year in twelve monthly installments of $3705.58 each. Each monthly installment payment is to be made on or before the 1st day of each month beginning October 1, 2005. Compensation for any year shall be prorated should the Agreement be terminated, pursuant to Paragraph II prior to the expiration of the service year in effect at the time of the termination. IV. Relationship of Parties The parties intend that Prosper, in performing services specified in this agreement, shall act as an independent contractor and shall have control of its work and the manner in which it is performed. Neither Prosper, its agents, employees, volunteer help or any other person operating under this Agreement shall be considered an agent or employee of Collin County and shall not be entitled to participate in any pension or other benefits that Collin County provides its employees. V. Notice to Parties Any notice to be given hereunder by either party to the other shall be in writing and may be affected by personal delivery in writing or by certified mail, return receipt requested. Notice to Collin County shall be sufficient if made or addressed to Purchasing Agent, 200 S. McDonald Street, Suite 230, McKinney Texas 75070, and to Prosper at P.O. Drawer 307, Prosper, Texas 75078. Each party may change the address for notice to it by giving notice of such a change in accordance with the provisions of this paragraph. VI. Requirements for Insurance Before commencing work, the vendor shall be required, at its own expense, to furnish the Collin County Purchasing Agent with certified copies of all insurance certificates(s) indicating the coverage to remain in force throughout the term of this contract. Commercial General Liability Insurance at minimum combined single limits of $1,000,000.00 per-occurrence and $2,000,000.00 general aggregate for bodily injury and property damage, which coverage shall include products/completed operations, independent contractors, and contractual liability each at $1,000,000.00 per occurrence. Coverage must be written on an occurrence form. Workers Compensation insurance at statutory limits, including employers liability coverage at minimum limits. Commercial Automobile Liability insurance shall be no less than $1,000,000.00 combined single limits per accident for bodily injury and property damage, including owned, non owned, and hired vehicle coverage. Medical Professional Liability Insurance at minimum limits of$1,000,000.00. This policy must have a two (2) year extended period of coverage, (i.e. tail coverage). The required limits may be satisfied by any combination of primary, excess or umbrella liability insurances, provided the primary policy complies with the above requirements and the excess umbrella is following form. The vendor may maintain reasonable and customary deductibles, subject to approval by Collin County. With reference to the foregoing insurance requirement, the vendor shall endorse applicable insurance policies as follows: The vendor's insurance policies shall be endorsed to the effect that Collin County will receive at least (30) days notice prior to canceell tine non-renewal nr termination of the policy. All copies of Certificates of Insurance shall reference the project/contract number. All insurance shall be purchased from an insurance company that meets the following requirements: A financial rating of B+VI of better as assigned by the Best Rating Company or equivalent. Certificates of Insurance shall be prepaired ad executed by the insurance company or its authorized agent, and shall contain provisions representing and warranting the following: Sets forth all endorsements and insurance coverage according to requirements and instructions contained herein. Sets forth the notice of cancellation or termination to Collin County. Miscellaneous Provisions Indemnification Prosper agrees to promptly defend, indemnify and hold Collin County harmless from and against any and all claims, demands, suits, causes of action, and judgments for (a) damages to the loss of property of any person; and/or(b) death, bodily injury. illness, disease, loss of services, or loss of income or wages to any person, arising out of, incident to, concerning or resulting from the negligent or willful act or omissions of Prosper, its agents, officers, and or employees in the performance of activities of duties pursuant to this Agreement. This Agreement contains the entire Agreement between the parties 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 except in a subsequent modification in writing signed by both parties. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. No assignment of this Agreement or of any right accrued hereunder shall be made, in whole or in part, by either party without the prior written consent of the other party. Venue shall be in Collin County, Texas. The undersigned officer and/or agents of the parties hereto are the properly authorized officials of the party represented and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and approved and are now in full force and effect. EXECUTED by the parties hereto, each respective entity acting by and through its duly authorized official as required by law, on the date specified on the multiple counterpart executed by such entity. COLLIN COUNTY TOWN OF PROSPER By: By. e i9-f2/ / 5 6/9- Date: /4n,4 Harp• /_/ 31 O S •ATTEST TO: ATT 0 City Secretary- Tom, Adyi.tt iL t i 1 1 ev • COLLIN COUNTY PURCHASING DEPARTMENT CONTRACT AMENDMENT NO: TWO (2) CONTRACT: Emergency Medical Services: Town of Prosper EFFECTIVE DATE: 10-1-2005 Interlocal Agreement for the Unincorporated Areas of Celina and Prosper CONTRACT NO. 10005-03 CONTRACT AMENDMENT ISSUED TO: TOWN OF PROSPER Attn: Honorable Charles Niswanger,Mayor P.O.Box 307 Prosper,Texas 75078 AWARDED BY: Original Court Order No. 2003-529-07-22 AMENDMENT#1,COURT ORDER NO. 2004-757-09-28 AMENDMENT#2,COURT ORDER NO. Q 0D5-a 73--IA -o 6 YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT: Extension of contract for a one(1)year period as provided for in Article II of the contract documents,Duration of Agreement. Contract shall be in effect from October 1,2005 continuing through and including September 20,2006. The rate charged for the FY2006 fiscal year shall be increased by 10%over the current year period, from$40,425.00 to$44,467.50. Except as provided herein,all terms and conditions of the contract remain in full force and effect and may only be modified in writing signed by both parties. ACCEPTED BY: ACCEPTED AND AUTHORIZED BY AUTHORITY OF COLLIN COUNTY TOWN OF PROSPER COMMISSIONERS'COURT CONTRACTOR/ENGINEER ADDRESS Collin County Courthouse P.O.Box 307 210 S.McDonald Prosper,Texas 750 McKinney,Texas 75069 /1-i-iii-d-;4,1a).4.4"7"--.9 SIGNAT Franklin Ybarbo TITLE: / rA- Purchasing Purchasing Agent hDATE: ,/ 3 S DATE: //a` %. MAIL SIGNED CONTRACT AMENDMENT TO: Purchasing Agent, 200 S.McDonald St., Suite 230,McKinney, Texas 75069