HomeMy WebLinkAboutRes 02-23 Authorizing an Apparatus Loan Agreement for Fire and Ambulance Apparatus and EquipmentTOWN OF WESTLAKE
RESOLUTION NO. 02-23
A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO MODIFY,
IF NECESSARY, AND ENTER INTO AN APPARATUS LOAN AGREEMENT
TO FACILITATE BORROWING OF FIRE AND AMBULANCE APPARATUS
AND EQUIPMENT FROM NEIGHBORING AGENCIES.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS:
SECTION 1: That the Board of Aldermen of the Town of Westlake does hereby
authorize the Town Manager to modify, if necessary, and enter into an Apparatus Loan
Agreement to facilitate borrowing of Fire and Ambulance apparatus and equipment from
neighboring agencies, in the form attached here as Exhibit A.
SECTION 2: That this Resolution shall become effective upon the date of its
,passage.
PASSED AND APPROVED ON THIS 1) DAY OF MAY, 2002.
ATTEST: Scott Bradley, Mayor
Z6 C' " 4, -I
Oinget'Crosswy, Town Qecretary
APPROVED AS TO FORM:
Trent O. Petty, Town Ma ger
THIS AGREEMENT is entered into by and between the CITY OF SOUTHLAKE and the
TOWN OF WESTLAKE, both being located within Tarrant County, Texas.
For and in consideration of the mutual covenants hereinafter set forth, the parties hereto
agree as follows:
• I.
It is the purpose of this agreement to provide the Town of Westlake with a temporary,
reserve fire apparatus as described in the attached Exhibit "A" for stand-by emergency
response to fire and medical emergencies. This apparatus shall be provided by the City of
Southlake pursuant to the terms and conditions set forth within this Agreement.
This Agreement shall be in effect from the date of the Agreement until termination. This
Agreement may be terminated without cause by either party upon ten (10) days' written
notice.
Responsibility of Town of Westlake:
The Town of Westlake agrees to provide the following:
1. Operator's liability and comprehensive coverage through TML Risk Pool, through
notification of responsibility.
2. Inventory of any Southlake-owned accessories and assume responsibility for return
of same.
3. Light maintenance required to maintain daily readiness.
4. All repairs not associated with normal wear or pre-existing conditions.
5. Repair damage incurred to the equipment.
b. Maintenance records required by Southlake Fire Department and Equipment
Services.
Fire Apparatus Loan Agreement B Page 1
7. Reporting of deficiencies to Southlake Fire Department.
8. Housing apparatus indoors at and having
apparatus immediately available to the Southlake Fire Department should it be
needed.
9. Normal operating costs associated with apparatus (fluids, fuels, etc.).
10. The Town of Westlake hereby agrees to hold harmless, save and indemnify the City
of. Southlake from any and all claims and causes of action for property damage,
personal injury, bodily injury and death arising out of any incident when the truck is
in the custody of the Town of Westlake's personnel, within the limits of the Tort
Claims Act, including all degrees of negligence by the City of Southlake personnel,
but excluding intentional acts or gross negligence by Southlake.
Responsibility of Southlake:
The City of Southlake agrees to provide the following:
1. Scheduled preventative maintenance.
2. Notification of maintenance due.
Major maintenance associated with normal wear or pre-existing conditions.
4. Description of fluids for unit (brand, viscosity, etc.)
5. The City of Southlake hereby agrees to hold harmless, save and indemnify the Town
of Westlake from any and all claims and causes of action for property damage,
personal injury, bodily injury and death arising out of any incident when the truck is
in the custody of Southlake's personnel, within the limits of the Tort Claims Act,
including all degrees of negligence by the Town of Westlake personnel, but
excluding intentional acts or gross negligence by Southlake.
The foregoing notwithstanding, the parties hereto reserve the right to all available legal
defenses and all protections and limitations of liability provided by the Texas Tort Claims Act and
the Texas Constitution relative to these parties.
The provisions of this indemnification are solely for the benefit of the parties hereto and not
intended to create or grant any rights, contractual or otherwise, to any other person or entity.
Fire Apparatus Loan Agreement B Page 2
Execution:
Agreement to be effective upon execution by the City of Southlake and the Town of
Westlake.
ATTEST:
ATTEST:
TOWN OF WESTLAKE, TEXAS CITY OF SOUTHLAKE, TEXAS
LM
Town Manager
Date
Fire Apparatus Loan Agreement B Page 3
City Manager
Date
H:ABoyle-Lowry\SouthtakeAkr-agreements\kr-agr fire apparat loan a.r-westlake.doe
Fire Apparatus Loan Agreement B Page 4
RESOLUTION NO. 1836
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KELLER,
TEXAS, APPROVING A FIRE APPARATUS LOAN AGREEMENT WITH THE
TOWN OF WESTLAKE AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF KELLER,
TEXAS.
WHEREAS, it has been determined by the Town of
Westlake that it is in the best interest
of the citizens therein to establish and
operate its own Fire and Emergency Medical
Service (EMS); and
WHEREAS, in order for the Town of Westlake to
provide Fire and EMS to its citizens
commencing June 1, 2002, it is necessary
for the Town to borrow needed equipment
and apparatus for a temporary period of
time, and therefore have contacted the
City of Keller for assistance in by
providing the use of an ambulance unit and
related equipment as described in Exhibit
"A" of the attached Fire Apparatus Loan
Agreement; and
WHEREAS, upon request by the Town of Westlake and
consideration by the Fire Chief of the
City of Keller, it has been determined
that a standby ambulance unit owned by the
.City of Keller may be made available on a
temporary basis to the Town of Westlake in
accordance with the provisions of the Fire
Apparatus Loan Agreement attached hereto
as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF KELLER, TEXAS:
Section THAT, the above findings are hereby found
to be true and correct and are
incorporated herein in their entirety.
E
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Section 2: THAT, the City Council of the city of
Keller, Texas hereby approves the Fire
Apparatus Loan Agreement with the Town of
Westlake in accordance with the terms and
conditions set forth in said agreement,
attached hereto as Exhibit "A", and
further authorizes the City Manager to
execute said agreement on behalf of the
City of Keller, Texas.
AND IT IS SO RESOLVED.
Passed by a vote of 5 to 0 on this the 21st day of May,
2002.
ATTEST:
CITY OF KELLER, TEXAS
Approved as to F
L. '7f--anton( Lqfv/y, C
and Legality:
Attorney
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