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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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 2