04-076 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 04-76
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 THE CITY OF
CELINA REGARDING EMERGENCY AMBULANCE 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 the City of Celina regarding emergency
ambulance services.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 10th day of August, 2004.
harles Ni ger, M r
ATTEST TO:
7
hanae Denning
Town Secretary
A Co (-)
THE STATE OF TEXAS INTERLOCAL AGREEMENT
COUNTY OF COLLIN
EMERGENCY AMBULANCE SERVICES
This Agreement is made on the 1st day of October, 2004, by and between the Town of
Prosper,Texas ("Prosper") and the City of Celina, Texas ("Celina").
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 and emergency medical
services; and
WHEREAS, Prosper provides these services to the citizens of Prosper and has the
capacity to service other municipalities; and
WHEREAS, Celina has investigated and determined that it would be advantageous and
beneficial to Collin County and its inhabitants to provide emergency ambulance services to Celina
and its inhabitants; and
WHEREAS, Celina desires to engage Prosper, and Prosper desires to be engaged by
Celina, to provide emergency ambulance services as set forth herein; and
WHEREAS, the governing bodies of Prosper and Celina desire to foster good-will and
cooperation between the two entities; and
WHEREAS, Prosper and Celina 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 Celina agree as follows:
Services to be Performed
Celina agrees to engage Prosper to furnish emergency ambulance services to the
unincorporated areas of Celina and to answer all emergency ambulance calls within the area of
Celina as shown on the map attached hereto and incorporated 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 at 12:01 a.m. on the 1st day of October 2004 and
terminate at midnight on September 30, 2005 with the option to extend for one (1) additional year
through September 2006. Should Celina exercise the option to extend the agreement, the yearly
fees and payments will be negotiated at that time.
Ambulance Service Agreement-Celina.doc 08/11/04 16:44
•
IlI.
Compensation
Celina shall pay Prosper for the services referred to in Paragraph I at the rate of
$86,625.00 per year on or before the 30th day of September of each year in twelve monthly
installments of $7,218.75 each. Each monthly installment payment is to be made on or before
the 1S`day of each month beginning October 1, 2004.
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 Celina and shall not be
entitled to participate in any pension or other benefits that Celina 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
Celina shall be sufficient if made or addressed to 302 West Walnut at Celina, Texas 75009 and to
Prosper at P.O. Box 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.
Miscellaneous Provisions
Indemnification:
Prosper agrees to promptly defend, indemnify and hold Celina 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 or duties pursuant to this Agreement.
Celina agrees to promptly defend, indemnify and hold Prosper 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 Celina, its agents, officers, and/or employees in the
performance of activities or 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.
Ambulance Service Agreement-Celina.doc 08/11/04 16:44
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.
CITY OF CELINA TOWN OF PROSPER
By:Z-4, 4-"( By:Major
Date: // 17 Date: 4 / 0
ATTEST TO: ATT TO:
c� a , C/// 1-//() r of
Town Secretary Town Secretary
Ambulance Service Agreement-Celina.doc 08/11/04 16:44