RES 1993-14TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS APPROVING AND ADOPTING A
CONTRACT BETWEEN THE TOWN AND THE CITY OF
WESTLAKE, TEXAS FOR THE PROVISION OF EMERGENCY
MEDICAL SERVICES BY THE TOWN TO THE CITY OF
WESTLAKE; PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,
TEXAS:
Section 1. That the Town Council of the Town of Trophy Club,
Texas does hereby approve, adopt and agree to enter into the
Emergency Medical Services Agreement, a true and correct copy of
which is attached hereto and incorporated herein, by and between
the Town and the City of Westlake, Texas.
Section 2. The Mayor of the Town is hereby authorized,
empowered and directed to execute the said Agreement on behalf of
the Town of Trophy Club.
Section 3. That 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 17th day of AuQush , 1993.
ell—
Ma or, Town rophy Club, Texas
ATTEST:
;Z 'a �f
Town Secretary,
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
Town t rney,
Town of Trophy Club, Texas
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 agree with one another to
perform governmental functions and services, 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.
W I T N E S S E T H:
NOW, THEREFORE, for and in consideration of the mutual
promises and covenants herein made, the 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:
I.
The effective date of this Agreement shall be the 1st day of
III hC-2r _, 1993.
II.
The term of this Agreement shall be from cppj-pmh- ,r 1, 1993 -
through _ b� J � ' , 199 .
5C
III.
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.
CM
IV.
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
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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.
up
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 recoqnized 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 TroDhv 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
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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"). 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.
IX.
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.
X.
This Agreement represents the entire and integrated agreement
between Trophy Club and Westlake and supersedes all prior
negotiations, representations and/or agreements, either written or
oral. This Agreement may be amended only by written instrument
signed by both Trophy Club and Westlake.
XI.
The validity of this Agreement and of any of its terms or
provisions, as well as the rights and duties of the parties hereto,
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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.
XII.
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 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.
XIII.
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 party 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
By M or James Carter
ATTEST:
By.
Karen Sadri,
Town Secretary
0 M.
CITY OF Westlake, TEXAS
By:
Mayor Dale White
ATTEST:
By: 2
City Secretary
RESOLUTION NO. 7`51
A RESOLUTION OF THE
BOARD OF
ALDERMEN OF
THE
TOWN OF WESTLAKE,
TEXAS,
APPROVING
AND
ADOPTING A 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;
PROVIDING
AN
EFFECTIVE DATE.
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 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 said Agreement on behalf of
the Town of Westlake.
Section 3. That this Resolution shall take effect from and
after its date of passage.
PASSED AND APPROVED by the% Board of Aldermen of the Town of
Westlake, Texas, this the day of October, 1993.
Ma r, Town of West a e, Texas
ATTEST:
ToW Se etary,
Town of Westlake, Texas
[SEAL]
APPROVED AS TO FORM:
Town Attorney,
Town of Westlake, Texas