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Home My WebLink AboutResolution No. 2010-40 RESOLUTION NO. R2410- 40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, APPROVING A CONTRACTUAL AGREEMENT FOR DISPATCHING SERVICES BETWEEN THE FOREST BEND FIRE DEPARTMENT AND CITY OF FRIENDSWOOD; AUTHORIZING THE MAYOR TO EXECUTE, AND THE CITY SECRETARY TO ATTEST, THE AGREEMENT. � � � � � � � � � � BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section 1: The facts and matters set forth in the preamble of this Resolution are hereby found to be true and correct. Section 2: The City Council of the City of Friendswood, Texas, hereby authorizes and approves the Contractual Agreement for Dispatching Services between Forest Bend Fire Department and City of Friendswood, and compensation for such services in an amount equal to $12,000 per year. Section 3: That the Mayor and City Secretary are authorized and directed to execute and attest, respectively, the Contractual Agreement for Dispatching Services between Forest Bend Fire Department and City of Friendswood in substantially the same form as is attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED,APPROVED AND RESOLVED on this 18th day of October,2010. �'_. David J. . S it Mayor ATTEST: o� f R�Ely�s �,�� ` o (j � �- Melinda Welsh, TRMC v ° City Secretary * * s;,. y ,4TF OF Z�.�P Exhibit A (R2010-40) CONTRACTUAL AGREEMENT FOR DISPATCHING SERVICES BETWEEN FOREST BEND FIRE DEPARTMENT AND CITY OF FRIENDSWOOD This Agreement is entered into on the 18th day of october , 20L�, by and between the Forest Bend Fire Department, a Texas non-profit corporation located in Harris County, Texas, ("Forest Bend") and the City of Friendswood, a Home Rule City existing in Galveston County and Harris County, Texas (hereinafter sometimes called "City"), for the provision of emergency dispatch services. WHEREAS, the City of Friendswood has facilities and personnel for an emergency dispatch operations and Forest Bend does not have such facilities and personnel to do the same; and NOW THEREFORE, for the consideration hereinafter stated Forest Bend and City of Friendswood, do hereby agree as follows: I. SERVICES PROVIDED The City of Friendswood will maintain and operate an Emergency Communications Center which will provide a central facility for the receipt of emergency and non-emergency communications (whether oral, written, telephonic, radio or other means) directed to Forest Bend, and for the dispatching of personnel and equipment, either by oral communication, radio, telephone or other electronic means, within the geographic area served by Forest Bend. II. COMPENSATION Forest Bend shall pay to the City of Friendswood a quarterly fee of three thousand dollars ($3,000.00), in advance, for a total of twelve thousand dollars ($12,000.00) annually. There shall be no minimum or maximum number of calls chargeable to Forest Bend during a particular month. III. TERM OF AGREEMENT The term of this contract shall be for a period of twelve months (12) commencing January 1, 2011, and continuing until December 31, 2011. This contract will renew automatically for successive one (1) year periods unless either party provides written notice and request for termination to the other at least three (3) months prior to any anniversary date. The City of Friendswood agrees to provide written notice of any proposed fee increase at least three (3) months prior to any anniversary date. Either party may terminate this agreement after the expiration of the first one-year term, by providing the other party at least 90 days written notice. 1 IV. CONTRACT DEFAULT The annual fee set forth in Paragraph 2 of this Agreement is payable upon execution of this Agreement, and on the anniversary date for each succeeding year, in advance. If Forest Bend has not paid any of the compensation described in Paragraph 2 within the time allowed by this Paragraph it shall be considered in default. In the event of default by Forest Bend, all emergency communications services to be provided by the City of Friendswood under this agreement may be suspended ninety (90) days after written notice of default is given to Forest Bend. The default may be cured by full payment of all past due fees and collection charges within thirty (30) days after suspension of service, where upon emergency communications services shall be restored. If Forest Bend is in default two or more times after the inception of this Agreement, it is subject to forfeiture of all rights under this Agreement and to permanent loss of all rights to receive emergency communications services from the City of Friendswood. Under no circumstances shall the City of Friendswood accept liability for providing or failure to provide emergency communication services to Forest Bend for being in default as per the terms of this Agreement. The provision of emergency dispatch services is a governmental function. V. GOVERNING LAWS The obligations of the City of Friendswood and Forest Bend shall be construed and enforced in accordance with the laws of the State of Texas. Venue for any dispute arising out of the performance of this Agreement shall lie in court of competent jurisdiction in Harris County, Texas. VI. ENTIRE AGREEMENT AND SEVERABILITY This Agreement and any amendments thereto, contain the entire agreement between the City of Friendswood and Forest Bend for emergency communication services. No variations, modifications or changes shall be binding unless in writing. The phrases, clauses, sentences, paragraphs or sections of this license to use agreement are severable and, if any phrase, clause, sentence paragraph, ar section of this license to use agreement should be declared invalid by the final decree or judgment of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Agreement. VIL INDEMNIFICATION AND INSURANCE Forest Bend agrees to indemnify, defend, and hold harmless the City of Friendswood from and against any and all suits, actions, or claims brought or made for or on account of any injuries or damages received or sustained by any person, persons, or property arising out of, or occasioned by, the acts or omissions of Forest Bend or its officers or employees, relating to any of the duties, obligations, or its performance under this Agreement. 2 1NSURANCE REQUIREMENTS: Forest Bend agrees to keep the following Insurance in full force and effective during the term of this Agreement and name the City of Friendswood as an additional insured: Comprehensive General Liability: occurrence type insurance: 1. Bodily injury $500,000 single limit per occurrence or $500,000 each person/$500,000 per occurrence. 2. Property Damage $100,000 per occurrence. 3. Minimum aggregate policy year limit $1,000,000. Forest Bend will notify City at least thirty (30) days in advance of cancellation, non-renewal or adverse change to the required insurance. New certificates of insurance are to be provided to City at least ten (10) days following coverage renewals or changes. VIII. AUTHORITY This instrument forms an Agreement only when executed in writing by duly authorized representatives of City and Forest Bend. By their signatures on this document, the signatories represent that they have actual authority to enter this Agreement for the respective parties. IX. NOTICES All notices and communications under this Agreement shall be mailed by certified mail, return receipt requested,to Forest Bend Fire Department at the following address: Forest Bend Fire Department 2507 W. Bay Area Blvd#1509 Webster, Texas 77598 Contact Person: Sam Scott, Fire Chief Phone: 281-332-3� � �a��l All notices and communications under this Agreement shall be mailed by certified mail return receipt requested, to the City at the following address: City Manager City of Friendswood 910 S. Friendswood Drive Friendswood, TX 77546 Phone: 281-996-3250 3 IN WITNESS WHEREOF, the parties put their hands to this agreement on the dates indicated. This agreement is effective upon date of execution by the City of Friendswood and Forest Bend. Forest Bend Fire Department City of Friendswood , Scott Wenger id J. . ith President Mayor ATTEST: ATTEST: � �--> �-9-' `� S m Scott Melinda Welsh, TRMC Fire Chief City Secretary �o� FR�EIyOs ATTEST• � p � v * * s�,�T� OF ��Py Abe i'�r�L.y Secretary 4