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R-575-12-84/- - k RESOLUTION NO.575-12-84(R) A RESOLUTION OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE DIAYOR TO EXECUTE A CONTRACT BETWEEN THE CITY OF ALLEN AND THE COUNTY OF COLLIN CONCERNING EMERGENCY AMBULANCE SERVICE WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF ALLEN. WHEREAS, since 1979 the City of Allen has provided emergency ambulance service within the City of Allen and within Allen's extraterritorial jurisdiction; and, WHEREAS, in order to assure that all residents of Collin County receive ambulance service, the Collin County Commissioner's Court has subsidized each of the emergency ambulance providers in the County to provide emergency ambulance service outside their respective jurisdictions; and, WHEREAS, it is the opinion of the Collin County Commissioner's Court and the City Council of the City of Allen that a contract be executed regarding the provision of services to Collin County residents not inside the corporate limits of the City of Allen. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF ALLEN, TEXAS: SECTION 1. The mayor of the City is hereby authorized to execute an agreement between the County of Collin and the City of Allen regarding the provision of emergency ambulance service within the extraterritorial jurisdiction of the City of Allen, Texas. A copy of that contract is attached as Exhibit "A" and is made a part hereof for all purposes. SECTION 2. The City Secretary is directed to furnish copies of the executed contract to all interested parties. DULY PASSED AND EXECUTED BY THE CITY OF ALLEN, TEXAS, THIS THE 6th DAY OF DECEMBER, 1984. Donald �� ATTEST: Marty Hendrix, ITY SECRETARY COURT ORDER NO, F4 /Z THE STATE OF TEXAS ) REVISED EMERGENCY AMBULANCE : SERVICE AGREEMENT COUNTY OF COLLIN ) ADMINISTRATIVE SERVICES On November 12, 1984, the Commissioners Court of Collin County, Texas, met in Regular Session with the following members present and partici- pating to -wit: William J. Roberts County Judge, Presiding Howard Thornton Commissioner, Pct. No. 1 Jerry Hoagland Commissioner, Pct. No. 2 Wallace Webb Commissioner, Pct. No. 3 Richard E. May Commissioner, Pct. No. 4 and at such session, among other business coming to the attention of the Court, was consideration of a request from the Director of Admin- istrative Services, on behalf of the City of Allen, for approval of revisions to Sections I and VI (Services to be Performed and Insur- ance) of the Emergency Ambulance Services Agreement. Motion was made, seconded and carried with a majority vote of the Court -to revise Sections I and VI of the Emergency Ambulance Services Agreement as requested, and to authorize the County Judge to enter into same with the City of Allen for provision of the services out- lined therein, and same is hereby approved in accordance with the agreement attached hereto. Dated this the �Z 4 day of November, 1984. WK44 V�A tzy-,'o , William J. R berts, County Judge Collin County, T E X A S Helen Starnes, Ex -Officio Clerk Commissioners Court Collin County, T E X A S ATTACHMENT TO RESOLUTION NO. ' 575-12-84(R) EXHIBIT "A" Adopted: 1.206084 THE STATE OF TEXAS S S court && No. COUNTY OF COLLIN S EMERGENCY AMBULANCE SERVICES This agreement is made on the / day of-no-VA*M L&— , 19849 between The City of Allen, County of Collin, State of Texas, referred to as "Provider", and the County of Collin, Texas, referred to as the "County". In consideration of the mutual convenants contained herein, the Provider and the County agree as follows: L Services to be Performed Collin County agrees to engage the Provider to furnish emergency ambulance services to an unincorporated area of the County of Collin, Texas, said Provider to answer emergency ambulance calls in the assigned unincorporated area as shown on the official emergency ambulance services map of Collin County, a copy of which is attached hereto and made a part of this agreement for all purposes. Provider agrees to perform the services with non county owned and operated emergency ambulance equipment under the terms and conditions set forth in this contract. Provided, however, that emergency ambulance service provided by the Provider in and to the area in question shall be subordinate and secondary to emergency ambulance services rendered by the Provider to that area contained within it's ,legally incorporated boundaries as of the time of this agreement and any extension thereafter. In this regard, the Provider reserves the right, in its absolute discretion, to refuse to furnish the services contemplated under this agreement to the unincorporated area in question if providing such service would interfer with services required to be performed within the corporated boundaries of Provider. The parties hereto agree that the services Emergency Ambulance Services - Page 1 contracted for hereunder are subject to availability and capability on the part of Provider and should Provider be unable or, in its discretion, refuse to respond to an emergency call in the area in question, then, in that event, Provider shall be held harmless by the County from and against, any and all claims and damages of every kind, for injury to or death of any person or persons and for damages to or loss of property, arising out of or attributable, directly or indirectly, to the operations or performance of Provider under this agreement. IL Duration of Agreement This contract shall become effective on December 6 , 1984, and shall continue in full force and effect thereafter until termination by either party on thirty (30) days written notice to the other. All prior agreements, written or oral, between the parties herein relative to the services to be provided under this agreement are hereby terminated and superceded. 11L Compensation The County of Collin, Texas, through its Commissioners' Court shall negotiate on an annual basis with'said Provider concerning the method and amount of compensation to be paid Provider for the services furnished hereunder. N Relationship of Parties The parties intend that the Provider, 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 same is performed. Neither the Provider, its agents, employees, volunteer help or any other person operating under this contract shall be considered an agent or Emergency Ambulance Services - Page 2 employee of the County nor shall any such person be entitled to participate in any pension plans or receive other benefits that the County provides its employees. V. Liability Furthermore, the County shall not under any circumstances be liable under or by reason of this agreement, directly or indirectly, for 'the negligence or other conduct of Provider or any and all persons, agents, employees, or volunteer help operating under this contract. The County shall not be liable or responsible for, and shall be held harmless by Provider from and against, any and all claims and damages of every kind, for injury to or death of any person or persons and for damages to or loss of property, arising out of or attributable, directly or indirectly, to the operations or performance of Provider under this agreement. VL Insurance During the term of this agreement, Provider agrees to carry and maintain in full force and effect liability insurance over its vehicles and agents, servants and employees of the same nature, type and limits as that provided for the same or similar services rendered to its inhabitants within its corporate boundaries. Provider agrees that the County may inspect such policies at all times and may cause the insurance company or companies to furnish the County with certificates of such policies detailing the coverage therein. Provided, however, that the Provider shall determine in its sole discretion, the limits for such insurance. Should the County desire limits of liability greater than those provided in said policies, then, in that event, the County agrees to pay the cost of any premium increase resulting therefrom. Emergency Ambulance Services - Page 3 Executed on behalf of the County of Collin by William J. Roberts, its County Judge on the /Z.4 day of G -� , 1984. 1 �A -tA William J. Robertsj County Judge Executed on behalf of The City of Allen, County of Collin, Texas, by Donald P. Rodenbaugh, its Mayor, on the 6tj! day of December , 1984. 4 �- Donald P. Rodenbaugh, Mayor � Emergency Ambulance Services - Page 4 RED BORDER - Denotes area to be served by City of Celina. BLUE BODER Denotes area to be served by City of Frisco. GREEN BORDER- Denotes area to be served by City of Plano. :PINK BORDER - Denotes area to be served by City of Allen. YELLOW BORDER- Denotes area to be served by Allen Funeral Home. 4 ALL 0111HR - Denotes area to be served by City of McKinney. . Map of COLLIN COUNTY 91982 DEPT. CP PUBLIC WORKS I Collin County Collin County Court House McKinney, Texas 75059 2141542.8441 Metro 231.7170 Drafted and Distributed by: Southwest Map Drafting & Advertising, Inc. 3225 Purest Ln. Garland, Texas 75042 2141494.4443 MAP REVISED 1983