HomeMy WebLinkAboutResolution No. 2019-34 RESOLUTION NO. R2019-34
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FRIENDSWOOD, TEXAS, APPROVING A
CONTRACTUAL AGREEMENT FOR DISPATCHING
SERVICES BETWEEN WINDSOR EMS, INC. AND
CITY OF FRIENDSWOOD; AUTHORIZING THE
MAYOR TO EXECUTE, AND THE CITY SECRETARY
TO ATTEST, THE AGREEMENT.
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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 Windsor EMS, Inc. and
City of Friendswood, and compensation for such services in an amount equal to $18,000 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 Windsor
EMS, Inc. 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 4th day of November,2019.
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Mike For an
Mayor
ATTEST:
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Melinda Welsh, TRMC
City Secretary �
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R2019-34
Exhibit A
EMERGENCY MEDICAL SERVICES DISPATCHING AGREEMENT
BETWEEN WINDSOR EMS,INC.,
AND THE CITY OF FRIENDSWOOD
Introduction:
This Emergency Medical Services Dispatching Agreement dated as of this 1 st day of
October, 2019, is between the City of Friendswood, a home rule municipality, and Windsor
EMS, Inc., a for-profit organization incorporated in the State of Texas.
Recitals:
WHEREAS, emergency medical services are a public necessity for the citizens of Harris
County Municipal Utilities District 55 (MUD 55);
WHEREAS, the City of Friendswood (CITY) has facilities and personnel for emergency
dispatch operations that Windsor EMS (EMS) does not;
WHEREAS, Windsor EMS (EMS) desires to contract with the City of Friendswood
(CITY),to provide emergency dispatching services for citizens within MUD 55; and
WHEREAS, The City of Friendswood(CITY)has agreed to provide such services.
NOW, THEREFORE, in consideration of the mutual promises, covenants, obligations
and benefits of this Agreement,the CITY and WINDSOR EMS (jointly known as Parties)contract
and 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 Windsor
EMS (EMS), and for the dispatching of EMS personnel and equipment, either by oral
communication, radio, telephone or other electronic means, within the geographic area served by
Windsor EMS (EMS).
II.
Payment by Windsor EMS for Emergency Dispatch Services
In consideration of the performance of the Services described herein, WINDSOR EMS
shall pay CITY a monthly contract value of$1,500.00 in monthly payments due on the 15th of
each month.
If laws and ordinances (e.g., labor, benefits, insurance, training, certifications) are enacted
that increase the CITY costs to supply Services, the actual direct and indirect financial impact of
said laws shall be added to the monthly fee.
III.
Responsibilities of WINDSOR EMS
Windsor EMS (EMS)will utilize standard industry radio communications at all times. All
units must be equipped with a current approved radio capable of communicating directly with the
CITY Police Department and Dispatch. Personnel and equipment must be equipped with an
appropriately programmed radio. Radios must be programmed with an approved template
provided by the City of Friendswood(CITY)to provide inter-operative communications.
Windsor EMS and City Dispatch will agree to protocols and procedures required for
Services pursuant to this Agreement, including the following:
The Friendswood Police Department will be responsible for the original notification and
continued communication of information that it receives into the Telecommunications Center.The
dissemination of that information will be in the following protocol:
1. The primary form of incident notification(the alerts for a call for service) and incident
data for service for Windsor EMS (EMS)will be through radio communications and/or
the use of radio tones. This notification will be sent out by the Police Department's
Telecommunications Center via the Police Department's radio communications
equipment to 700/800 MHz Motorola Apex radios and Motorola Minitor VHF
(151.445/159.225 frequency) pagers. These radio and pager systems are intrinsically
reliable and provide the responding EMS personnel with the most essential first
responder information.
2. The secondary form of incident data information will be through the Police
Department's CAD system. The CITY will provide access to CAD for all Windsor
EMS call-for-service information and EMS billing requirements.
3. The additional method of incident notification and incident data information will be
through WINDSOR EMS sponsored third-party applications, where members can
subscribe to e-vendors for EMS call information and notifications on their personnel
mobile devices. It will be at the discretion of WINDSOR EMS leadership what
applications are utilized and in what manner. The application needs to be approved by
the League City Consortium and any change in vendors needs to be communicated with
the CITY. The use of these applications must be reviewed/audited at least quarterly to
ensure functionality, membership status, and the accuracy of contact information
within the application.
4. A data transfer interface will be provided to allow CAD call information to be
populated into incident reporting systems including those used for EMS Billing and
patient care reports.
IV.
Responsibilities of the City of Friendswood
CITY shall provide the following to WINDSOR EMS:
9-1-1 dis atch services in MUD 55 the Friendswood Police De artment
(a.) p by p
Communications Division.
V.
Contract Default
The monthly fee set forth in Paragraph II of this Agreement is payable upon execution of
this Agreement, and on the 15th of each month thereafter. If Windsor EMS has not paid any of the
compensation described in Paragraph II within the time allowed by this Paragraph it shall be
considered in default. In the event of default by Windsor EMS, 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 Windsor EMS. 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 Windsor EMS 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 Windsor EMS for being in default as per the terms of this Agreement.
V.
Governing Laws
The obligations of the City of Friendswood and Windsor EMS 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 Galveston
County, Texas.
VI.
Entire Agreement and Severability
This Agreement and any amendments thereto, contain the entire agreement between the
City of Friendswood and Windsor EMS for emergency dispatch services. No variations,
modifications or changes shall be binding unless in writing. The phrases, clauses, sentences,
paragraphs or sections of this agreement are severable and, if any phrase, clause, sentence
paragraph, or section of this 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.
VII.
Indemnification and Insurance
Windsor EMS (EMS) agrees to indemnify, defend, and hold harmless the City of
Friendswood (CITY), its officers, officials, agents, and employees from and against any and all
claims, loss, damages, suits, causes of action, or liability of every kind, including all expenses of
litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to
any property, arising out of, or in conjunction with the work done by or caused by, or any acts or
omissions of Windsor EMS (EMS), its officers, employees, agents or subcontractors, relating to
any of the EMS duties, obligations, or its performance under this Agreement.
Insurance Requirements:
Windsor EMS (EMS) agrees to keep the following Insurance in full force and effective
during the term of this Agreement and name the City of Friendswood (CITY) 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.
Windsor EMS (EMS) 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.
Term
The initial term of this Agreement shall begin on October 1, 2019 (Effective Date) and
shall be in force and effect for three (3) years, ending on September 30, 2022. The Agreement
may be extended for two (2) intervals of one (1) year each, upon mutual agreement of the
governing body of Parties.
VIIII.
Termination
This Agreement may be terminated in the following ways:
(a.) After the initial term or agreed extensions of this Agreement has expired, CITY or
WINDSOR EMS may terminate this Agreement by giving the other party at least one
hundred eighty (180) days prior written notice of the termination. CITY must continue to
provide service to WINDSOR EMS (EMS) during this time; or
(b.) This Agreement may be terminated upon written, mutual agreement.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in multiple copies,
each of which shall be deemed to be an original, as of the date and year first written on this
Agreement.
CITY I F FRIENDSWOOD,TEXAS
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BY:
Mike 'oreman, 1 ayor
ATTEST: w_ .w,0*4.
e•cil , R I EA/0*..
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BY: _ - / ii iW
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Melinda Welsh, City Secretary:* ei, A :
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WIND S O MS,.INC.
BY:
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Ryan Lynn, Chief Operating Officer