RES 1996-21TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 9 6 - 21
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS APPROVING AND
ACCEPTING AN EMERGENCY MEDICAL SERVICES
AGREEMENT BY AND BETWEEN THE TOWN AND THE
CITY OF WESTLAKE, TEXAS; AUTHORIZING THE
MAYOR TO EXECUTE THE CONTRACT; PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS:
Section 1. The Emergency Medical Services Agreement by and between the Town of
Trophy Club, Texas (the "Town") and the City of Westlake, Texas attached hereto as Exhibit
A and incorporated herein is hereby approved and accepted.
Section 2. The Mayor is authorized and empowered to execute the said Contract on
behalf of the Town and to do all acts and take all steps necessary to carry out the terms thereof.
Section 3. This Resolution shall take effect from and after its date of passage.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this the i -7, r day of� = f. 1--M Pj- 199E
ATTEST:
Al
�2 L / , s
Town Secretary,
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
'Tbwn- torney,
Town of Trophy Club, Texas
DOC #: 401090
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STATE OF TEXAS §
§ EMERGENCY MEDICAL SERVICES AGREEMENT
COUNTY OF DENTON §
WHEREAS, the Town of Trophy Club, Texas ("Trophy Club") and the City of
Westlake, Texas ("Westlake") are cities duly incorporated pursuant to the general laws of the
State of Texas; and
WHEREAS, Trophy Club and Westlake are empowered, pursuant to Chapter 791, Texas
Government Code (Vernon) and Section 774.001, Tex. Health and Safety Code (Vernon), to
perform governmental functions and services on behalf of one another, including emergency
medical services; and
WHEREAS, Trophy Club and Westlake desire to enter into this Agreement and agree
that this Agreement is in the best interest of and serves the public health, safety and welfare.
WITNESSETH:
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein made, and benefits flowing to each of the parties hereto, and other good and valuable
consideration, the Town of Trophy Club, Texas and the City of Westlake, Texas do hereby
CONTRACT AND AGREE as follows:
11
The effective date of this Agreement shall be the 1st day of September, 1996.
The term of this Agreement shall be from September 1, 1996 through August 31, 1997.
For each successive year thereafter, unless otherwise terminated by either party hereto, this
Agreement shall automatically renew for a like period of time.
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When used in this Agreement, the following words and phrases shall have the respective
meanings ascribed to them:
"Advanced life support" means emergency prehospital care that uses invasive medical
acts. The provision of advanced life support shall be under the medical supervision and control
of a licensed physician.
"Basic life support" means emergency prehospital care that uses noninvasive medical acts.
The provision of basic life support may be under the medical supervision and control of a
licensed physician.
"Emergency medical services" means services provided by emergency medical services
personnel by means of an emergency medical services vehicle used to respond to an individual's
perceived need for immediate medical care and to prevent death or aggravation of physiological
or psychological illness or injury.
"Emergency medical services personnel" means:
A. emergency care attendants;
B. basic emergency medical technicians;
C. specially skilled emergency medical technicians; or
D. paramedic emergency medical technicians.
"Emergency medical services vehicle" means:
A. a basic life-support emergency medical services vehicle;
B. an advanced life-support emergency medical services vehicle;
C. a mobile intensive -care unit; or
D. a specialized emergency medical services vehicle.
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MA
Trophy Club shall provide emergency medical services to that area which is within the
corporate limits of City of Westlake (as shown on the map attached hereto and incorporated
herein) (the "Service Area"); provided, however, that Trophy Club shall not be required to
provide such emergency medical services unless Trophy Club is able, in Trophy Club's sole
opinion, to provide reasonable protection to persons within Trophy Club while providing
emergency medical services to the Service Area.
Notwithstanding any other provision of this Agreement, an emergency within Trophy
Club shall have priority over an emergency within the Service Area.
V.
It is the intention of the parties hereto and Trophy Club and Westlake do hereby
expressly agree that any and all civil liability related to the furnishing of the services
contemplated by this Agreement to Westlake by Trophy Club shall be the responsibility of
Westlake as the governmental unit which would be responsible for furnishing such services
absent this Agreement. Accordingly, Westlake agrees, to the maximum extent permitted by law,
to indemnify Trophy Club, its agents, officers and employees against, and to hold Trophy Club,
its agents, officers and employees harmless from, any and all claims, actions, causes of action,
lawsuits, judgments, damages, injuries, costs or expenses, including reasonable attorney's fees,
for injury to person or property or death of any person resulting from or based upon, in whole
or in part, any act or omission of Trophy Club, its agents, officers and employees performed
pursuant to this Agreement, but excluding gross negligence or any willful or wanton act. The
obligation stated in this Paragraph V. shall be payable out of the current revenues of the City
of Westlake.
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VI.
The fact that the Trophy Club and Westlake accept certain responsibilities relating to the
rendition of emergency medical services under this Agreement as a part of their responsibility
for providing protection for the public health makes it imperative that the performance of these
vital services be recognized as a governmental function and that the doctrine of governmental
immunity shall be, and it is hereby, invoked to the extent possible under the law. Neither
Trophy Club nor Westlake waives or shall be deemed hereby to waive any immunity or defense
that would otherwise be available to it against claims arising from the exercise of governmental
powers and functions.
VII.
Where the terms of this Agreement require that notice in writing be provided, such notice
shall be deemed delivered three (3) days following the deposit of the notice in the United States
mail, postage prepaid, and sent by certified mail, return receipt requested and properly addressed
as follows:
To Trophy Club:
100 Municipal Drive
Trophy Club, Texas 76262
Telephone: (817) 430-1865
Attn: Mayor, Town of Trophy Club
VIII.
To Westlake:
1480 Dove Road
Roanoke, Texas 76262
Telephone: (817) 430-1267
Attn: Mayor, City of Westlake
For the purpose of obtaining payment of the costs for emergency medical services
provided pursuant to this Agreement, Trophy Club will attempt to bill all persons receiving such
services (each such person being hereinafter referred to as a "patient") directly pursuant to and
at the rates specified in Trophy Club's ordinances and other regulations relating to rates for
emergency medical services (such costs being hereinafter referred to as the "cost of service").
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In the event that Trophy Club is unable to collect all or part of the cost of service from a patient
within ninety (90) days following the date emergency medical services are provided, Trophy
Club shall provide written notice to Westlake of such inability to collect and Westlake shall, not
more than thirty (30) days following the receipt of such notice, pay to Trophy Club the
uncollected cost of service.
This Agreement may be terminated at any time by either party hereto giving at least sixty
(60) days written notice to the other party of such termination. In the event of such termination,
Trophy Club shall be compensated by Westlake for all services performed to the date of
termination.
KM
This Agreement represents the entire and integrated agreement between Trophy Club and
Westlake and supersedes all prior negotiations, representations and/or agreement, either written
or oral. This Agreement may be amended only by written instrument signed by both Trophy
Club and Westlake.
PM
The validity of this Agreement and of any of its terms or provisions, as well as the rights
and duties of the parties hereto, shall be governed by the laws of the State of Texas. This
Agreement shall be performable and all compensation payable in Denton County, Texas. Venue
under this Agreement lies in Denton County, Texas.
KM
If any clause, paragraph, section or portion of this Agreement shall be found to be
illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall
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DOC #: 401030
remain in full force and effect and the parties shall be deemed to have contracted as if said
clause, section, paragraph or portion had not been in the Agreement initially.
EM
The undersigned officers and/or agents of the parties hereto are the properly authorized
officials and have the necessary authority to execute this Agreement on behalf of the parties
hereto, and each parry hereby certifies to the other that any necessary resolutions extending said
authority have been duly passed and are now in full force and effect.
Executed in duplicate original at Denton County, Texas on the day and year first written
above.
TOWN OF TROPHY CLUB, TEXAS
ATTEST:
By:
Karen Sadri, Town Secretary
0
DOC #: 401030
CITY OF WESTLAKE, TEXAS
MINIM: .f
ATTEST:
By: /" � --.. - - r, , d
ity Se tart' �—
TOWN OF WESTLAKE
RESOLUTION 96-14
A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS, APPROVING AND ADOPTING AN AMENDED AND
RESTATED CONTRACT BETWEEN THE TOWN AND THE TOWN OF
TROPHY CLUB, TEXAS, FOR THE PROVISION OF EMERGENCY MEDICAL
SERVICES TO THE TOWN BY THE TOWN OF TROPHY CLUB; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, 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, Texas, does
hereby approve, adopt and agree to enter into the Amended and Restated Emergency
Medical Services Agreement, a true and correct copy of which is attached hereto and
incorporated herein, by and between the Town and the Town of Trophy Club, Texas.
SECTION 2: The Mayor of the Town is hereby authorized, empowered and
directed to execute the Agreement on behalf of the Town of Westlake.
SECTION 3: That this Resolution shall become effective upon its passage and
approval.
PASSED AND APPROVED by the Board of Aldermen of the Town of Westlake,
Texas this 14"' day of October, 1996.
i
ATTEST:
/� - - CA=4� .4P"t�
Inger bosswy,
Town Secreta
APPROVED AS TO FORM:
Paul C. Isham, Town Attorney