Agenda Packet TC 05/06/2013Town Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom7:30 PMMonday, May 6, 2013
CALL TO ORDER AND ANNOUNCE A QUORUM
CONVENE INTO REGULAR SESSION - ESTIMATED START TIME - 7:30 P.M.
INVOCATION
PLEDGES
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
CITIZEN PRESENTATIONS
This is an opportunity for citizens to address the Council on any matter whether or not it
is posted on the agenda. The Council is not permitted to take action on or discuss any
presentations made to the Council at this time concerning an item not listed on the
agenda. The Council will hear presentations on specific agenda items prior to the
Council addressing those items. You may speak up to three (3) minutes or the time limit
determined by the Mayor or presiding officer. To speak during this item you must
complete the Speaker's form that includes the topic(s) of your statement. Topics of
presentation should be limited to matters over which the Council has authority.
PRESENTATIONS
2013-260-T Presentation and overview by Public Information Officer April Reiling of the
new Town Website; discussion of same.
2013-277-T Presentation of a Certificate of Recognition to the Byron Nelson Girls Golf
Team.
Cert of Recognition Girls.pdfAttachments:
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council
and will be enacted by one motion. There will not be a separate discussion of these
items. If discussion is desired, that item will be removed from the consent agenda and
will be considered separately.
May 6, 2013Town Council Meeting Agenda
2013-261-T Consider and take appropriate action regarding the Town Council Minutes
dated April 22, 2013.
tcm 4-22-13.pdfAttachments:
2013-262-T Consider and take appropriate action regarding a Proclamation declaring
May 19 - 25, 2013 as Public Works Week.
PublicWksProclamation.pdfAttachments:
2013-263-T Consider and take appropriate action regarding a Proclamation recognizing
May 19-25, 2013 as EMS (Emergency Medical Services) Week.
Proclamation EMS.pdfAttachments:
2013-264-T Consider and take appropriate action regarding a Proclamation declaring
May 12-18, 2013 as National Police Week.
NatlPoliceWeek.pdfAttachments:
2013-266-T Consider and take appropriate action regarding a contract between the
Town and Intermedix Corporation for billing services and the use and
disclosure of Protected Health Information in compliance with state and
federal law.
Staff Report.pdf
ContractIntermedix.pdf
Attachments:
REGULAR SESSION
2013-275-T Presentation of the Town Mid Year Financial Update; discussion of same.
2013-265-T Consider and take appropriate action regarding a Proclamation declaring
the month of June as Speed Awareness Month in Trophy Club.
ProclamationJuneSPeedAwareness.pdfAttachments:
2013-269-T Consider and take appropriate action regarding an interlocal agreement
between the Town and Tarrant County to expand and modify the West Nile
Virus Surveillance and Response Program; and authorizing the Mayor or
her designee to execute all necessary documents.
Staff Report ILA.pdf
ILAContractTarrantCounty.pdf
Attachments:
May 6, 2013Town Council Meeting Agenda
2013-278-T Consider and take appropriate action regarding a Resolution granting the
Town's consent to the provision of retail water and wastewater services by
MUD1 for three (3) separate properties located in Village Center, Planned
Development No. 27; and providing an effective date.
Staff Report.pdf
Resolution 2013-08.pdf
ExhibitA.pdf
Attachments:
2013-270-T Town Manager Slye's update regarding the following; discussion of same.
- Police Department Facility Update
- Feasability and TIF RFQ Update
- Election Update
- Back To Nature Update
- Parks & Recreation Update
2013-271-T Mayor and Council Updates regarding training opportunities, educational
sessions and regional meetings; discussion of same.
- National Day of Prayer
- Emergency Management Summit (Congressman Burgess)
2013-272-T Future Agenda Items
FutureAgendaItemList.pdfAttachments:
EXECUTIVE SESSION
2013-273-T Pursuant to Texas Government Code, Annotated, subchapter 551, Council
will convene into closed executive session as authorized by:
(A) Section 551.071(2) "Consultation with Attorney" for consultation with its
attorney on a matter in which the duty of the attorney to the Governmental
Body under the Disciplinary Rules of Professional Conduct of the State Bar
of Texas clearly conflict with the Open Meetings Act.
(1) Water and wastewater services; terms of interlocal agreement
regarding lease and conveyance of utility system assets and provision of
retail water and wastewater services, approval and parameters of
representation, and related matters.
RECONVENE INTO REGULAR SESSION
2013-274-T To reconvene into Regular Session and take any action necessary as a
result of the Closed Session.
ADJOURN
* The Town Council may convene into executive session to discuss posted items as
allowed by the Texas Open Meeting Act, LGC.551.071
May 6, 2013Town Council Meeting Agenda
CERTIFICATION
I certify that the above notice was posted on the front window of the Svore Municipal
Building, 100 Municipal Drive, Trophy Club, Texas, on May 3, 2013 by 5:00 P.M. in
accordance with Chapter 551, Texas Government Code.
Amy M. Piukana, TRMC
Town Secretary
Town of Trophy Club, TX
If you plan to attend this public meeting and have a disability that requires special
needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in
advance, and reasonable accommodations will be made to assist you.
I certify that the attached notice and agenda of items to be considered by this Board
was removed by me from the front window of the Svore Municipal Building, 100
Municipal Drive, Trophy Club, Texas, on the __________ day of
______________________, 2013.
________________________________, Title: ___________________________
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-260-T Name:
Status:Type:Agenda Item Draft
File created:In control:4/29/2013 Town Council
On agenda:Final action:5/6/2013
Title:Presentation and overview by Public Information Officer April Reiling of the new Town Website;
discussion of same.
Attachments:
Action ByDate Action ResultVer.
Title
Presentation and overview by Public Information Officer April Reiling of the new Town Website;
discussion of same.
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-277-T Name:
Status:Type:Agenda Item Draft
File created:In control:5/1/2013 Town Council
On agenda:Final action:5/6/2013
Title:Presentation of a Certificate of Recognition to the Byron Nelson Girls Golf Team.
Attachments:Cert of Recognition Girls.pdf
Action ByDate Action ResultVer.
Title
Presentation of a Certificate of Recognition to the Byron Nelson Girls Golf Team.
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-261-T Name:
Status:Type:Agenda Item Draft
File created:In control:4/29/2013 Town Council
On agenda:Final action:5/6/2013
Title:Consider and take appropriate action regarding the Town Council Minutes dated April 22, 2013.
Attachments:tcm 4-22-13.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding the Town Council Minutes dated April 22, 2013.
MINUTES FROM REGULAR TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, April 22, 2013 at 6:30 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday,
April 22, 2013. The meeting was held within the boundaries of the Town and was open to the
public.
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN COUNCIL MEMBERS PRESENT:
Glenn Strother Mayor Pro Tem, Place 5
Bill Rose Council Member, Place 1
Jeannette Tiffany Council Member, Place 2
Clint Schroeder Council Member, Place 3
Danny Mayer Council Member, Place 4
TOWN COUNCIL MEMBERS ABSENT:
Connie White Mayor
STAFF MEMBERS PRESENT:
Mike Slye Town Manager
Patricia Adams Town Attorney
Amy Piukana Town Secretary
April Reiling Public Information Officer/Marketing Manager
Michael Aguilera Finance Director
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Mayor Pro Tem Strother announced the date of April 22, 2013, called the Town Council to order
and announced a quorum at 6:32 p.m.
1. Presentation by 2011 Youth Citizen of the Year Megan Rodgers and Friends regarding
the Roanoke Food Pantry; discussion of same.
A presentation was given by Megan Rodgers and Friends regarding fund raising for a walk-
in cooler/freezer for the Roanoke Food Pantry.
2. Recognition of the 2012 Citizen of the Year nominees and announce the recipients;
discussion of the same.
The following 2012 Youth Citizen of the Year Nominees were recognized:
• Rachael Freed
• Jessica Hunter
April 22, 2013 Town Council Minutes Page 2 of 8
• Anna Tappan
• Brandon Michaelis
• Jasmine Yackel
Mayor Pro Tem Strother recognized Peyton Arata as the Youth Citizen of the Year Recipient.
The following 2012 Adult Citizen of the Year Nominees were recognized:
• Rhonda Radder
• Susan Edstrom
• Louis Hocker
Mayor Pro Tem Strother recognized Tom Mills as the 2012 Adult Citizen of the Year recipient.
Council took a brief recess at 6:55 p.m.
Council reconvened at 7:00 p.m.
3. Discussion of agenda items posted for consideration on the Regular Session Council
Agenda for April 22, 2013.
Council Member Mayer advised staff to bring forward a proclamation in May regarding a
Speed Awareness Month in June.
4. Discussion of proposed agenda items for the May 6, 2013 Regular Session.
CONVENE INTO REGULAR SESSION – ESTIMATED START TIME – 7:00 P.M.
Reconvene regular session at 7:02 p.m.
INVOCATION – The invocation was led by Council Member Tiffany.
PLEDGES – Town Manager Mike Slye led the pledge of allegiance and pledge to the Texas
Flag.
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
CITIZEN PRESENTATIONS
This is an opportunity for citizens to address the Council on any matter whether or not it
is posted on the agenda. The Council is not permitted to take action on or discuss any
presentations made to the Council at this time concerning an item not listed on the
agenda. The Council will hear presentations on specific agenda items prior to the
Council addressing those items. You may speak up to three (3) minutes or the time limit
determined by the Mayor or presiding officer. To speak during this item you must
complete the Speaker's form that includes the topic(s) of your statement. Topics of
presentation should be limited to matters over which the Council has authority.
There were no citizens that wished to speak.
April 22, 2013 Town Council Minutes Page 3 of 8
PROCLAMATIONS
The next item discussed was Agenda Item No. 6.
6. Consider and take appropriate action regarding a Proclamation declaring May 2, 2013
as the National Day of Prayer.
Council Member Tiffany read a proclamation declaring May 2, 2013 as National Day of
Prayer.
Ms. Irma Thomas was present to receive the proclamation and announced at noon on
Thursday, May 2, 2013, prayer will be held at the Clock Tower on Trophy Club Drive.
Council Member Rose made a motion to approve the proclamation declaring May 2, 2013
as the National Day of Prayer. Motion seconded by Council Member Schroeder. Motion
approved by vote of 5-0.
Next Item discussed was Agenda Item No.5.
5. Consider and take appropriate action regarding a Proclamation Proclaiming the
month of May as Motorcycle Safety and Awareness Month.
Council Member Rose read a proclamation declaring the month of May as Motorcycle Safety
and Awareness Month in the Town of Trophy Club.
Council Member Rose made a motion to approve the month of May as Motorcycle Safety
and Awareness Month in the Town of Trophy Club. Motion seconded by Council Member
Tiffany. Motion approved by vote of 5-0.
Next item discussed was Agenda Item No. 7.
7. Consider and take appropriate action regarding a Proclamation declaring April 27,
2013 as Arbor Day.
Council Member Schroeder read a proclamation declaring April 27, 2013 as Arbor Day.
Council Member Schroeder made a motion to approve the proclamation declaring April 27,
2013 as Arbor Day, as amended. Motion seconded by Council Member Mayer. Motion
approved by vote of 5-0.
8. Consider and take appropriate action regarding a Proclamation declaring May 6 - May
12, 2013 as National Nurses Week.
Council Member Mayer read a proclamation declaring May 6 – May 12, 2013 as National
Nurses Week. Council Member Mayer made a motion to approve the proclamation
declaring May 6 – May 12, 2013 as National Nurses Week. Motion seconded by Council
Member Rose. Motion approved by vote of 5-0.
Mayor Pro Tem Strother announced that Assistant City Manager Stephen Seidel was out
due to the birth of his son William Harrell Seidel. Mayor Pro Tem Strother expressed best
wishes to the Seidel family on behalf of all the Town Council.
CONSENT AGENDA
April 22, 2013 Town Council Minutes Page 4 of 8
All matters listed as Consent Agenda are considered to be routine by the Town Council
and will be enacted by one motion. There will not be a separate discussion of these
items. If discussion is desired, that item will be removed from the consent agenda and
will be considered separately.
9. Consider and take appropriate action regarding the Minutes dated April 8, 2013.
10. Consider and take appropriate action regarding a Resolution authorizing continued
participation with the Steering Committee of Cities served by Oncor and authorizing
the payment of $0.10 per capita to the Steering Committee to fund regulatory and
related activities related to Oncor Electric Delivery Company, LLC.; and provding an
effective date.
11. Consider and take appropriate action regarding a Resolution authorizing the Town of
Trophy Club's continued participation with Atmos Cities Steering Committee (ACSC);
authorizing the payment of the Town's 2013 assessment to ACSC in the amount of
five ($.05) per capita in order to fund regulatory and other activities related to Oncor
Electric Delivery Company, LLC.; and providing an effective date.
12. Consider and take appropriate action regarding necessary amendments to financial
institution documents naming authorized Town representatives on First Financial
and TexPool signature accounts.
Council Member Rose made a motion to approve Consent Items 9-12. Motion seconded by
Council Member Mayer. Motion approved by vote of 5-0.
REGULAR ITEMS
13. Consider and take appropriate action regarding an Ordinance amending Chapter 10,
"Public Safety" of the Code of Ordinances by adding Article XIV, "Motorized Carts" to
Chapter 10 in order to regulate the use and operation of golf carts upon public
streets within the Town; providing for an amendment to the Town's Code of
Ordinances; providing a penalty; and providing an effective date.
Town Manager Mike Slye briefed Council regarding this item.
The following citizens addressed the Council regarding the proposed Ordinance:
• Fred Allen
• Dena Boudreau – (Read out loud a letter from Joyce Frye, 214 Durango Drive)
• Randy Conn
• Sean Weaver
Council Member Rose made a motion to approve Ordinance 2013-11. Motion seconded by
Council Member Tiffany. Council Member Rose amended his motion to remove the
exemption that required golf carts be transported to the start of the parade (can be driven to
the parade). Motion seconded by Council Member Tiffany. Motion approved by vote of 4-
1, Council Member Schroeder voting against.
April 22, 2013 Town Council Minutes Page 5 of 8
Council Member Mayer made a motion to amend the motion on the floor, to add a section to
the ordinance (under permitting) that we offer two types of permits: a daytime permit and a
24-hour permit. Motion seconded by Council Member Schroeder. Motion approved by vote
of 5-0.
Council Member Rose made a motion to add daytime operation equipment required:
headlamps, taillights, side reflectors, stop lamps, parking break, exterior mirror, windshield,
horn, slow moving emblem plus 24-hour permit requires: all equipment that a daytime permit
requires plus front and rear turn signals. Motion seconded by Council Member Tiffany.
Mot ion approved by vote of 4-1, Council Member Schroeder voting in opposition.
Council Member Rose made a motion to add a definition for daytime permit to comply with
state law - allows golf cart use 30 minutes prior to sunrise and 30 minutes after sunset.
Motion seconded by Council Member Mayer. Motion approved by vote of 5-0.
Council Member Mayer made a motion to define a 24-hour permit to allow day or night
operation. Motion seconded by Council Member Tiffany. Motion approved by vote of 5-0.
Council Member Mayer made a motion to add that the number of occupants in a Motorized
Cart shall be limited to the number of persons for whom seating capacity is provided on the
vehicle. The operator and all occupants shall be seated upon the seat of the vehicle and no
part of the body of the operator or occupant shall extend outside the perimeter of the vehicle
while the vehicle is being operated except while signaling turns or stops. A Driver shall not
permit any occupant of a Cart to ride in the lap of any occupant or stand on the rear of the
vehicle while the vehicle is in motion. Motion seconded by Council Member Tiffany. Motion
approved by vote of 5-0.
Council Member Rose made a motion to add that golf carts may be used for towing to, from
and within parades (i.e. a small trailer).
Resident Jim Parrow spoke expressing safety concerns in regards to using golf carts as a
towing device.
Motion seconded by Council Member Tiffany. Motion failed by a vote of 2-3, Council
Members Schroeder, Strother and Mayer voting against.
Council Member Rose made a motion to add that a permit may be revoked if a permit holder
or a driver (added or a driver) is convicted of three violations within an 18-month period.
Motion seconded by Council Member Mayer. Motion approved by vote of 5-0.
The final vote on the primary motion was approved by vote of 4-1, Council Member
Schroeder voting against.
Council took a brief recess at 8:42 p.m.
Council reconvened at 8:47 p.m.
14. Consider and take appropriate action regarding acceptance of a Hazard Mitigation
Action Plan grant; and authorizing the Town Manager or his designee to execute all
necessary documents.
Town Manager Mike Slye briefed Council regarding this item.
April 22, 2013 Town Council Minutes Page 6 of 8
Council Member Mayer made a motion to approve the Hazard Mitigation Action Plan grant;
and authorize the Town Manager or his designee to execute all necessary documents.
Motion seconded by Council Member Tiffany.
Council Member Rose amended his motion to receive clarification regarding TC MUD 1
participation with the plan. Motion seconded by Council Member Mayer. Motion approved
by vote of 5-0.
Resident and TC MUD No. 1 Secretary/Treasurer Kevin Carr spoke regarding this item.
Primary motion approved by vote of 5-0.
15. Consider and take appropriate action regarding the adoption of a new Town Logo.
The Town Manager briefed Council regarding the Town Logo.
Town Manager Mike Slye was present to answer any questions.
The following citizens spoke regarding this item:
• Larry Hoover
• Sean Weaver
• Jim Parrow
• Philip Shoffner – Passed out Byron Nelson High School student sketches of possible
logo options at the dias.
After discussion, Council Member Tiffany made a motion to approve the Town Logo as
presented. Motion seconded by Council Member Rose. Motion failed by vote of 3-2,
Council Members Mayer and Schroeder voting against.
Council Member Schroeder instructed staff to reach out to Byron Nelson High School again
to seek finalized versions of the sketches submitted at the dias.
16. Provide an informational update regarding a master sidewalk plan for Indian
Creek Street rehabilitation project; discussion of same (no action).
Town Engineer Tom Rutledge presented a Power Point presentation to Council regarding a
study of Indian Creek sidewalk connectivity to the intersection of PD-30 and Trophy Club
Drive.
Council took no action on this item. (Informational only)
17. Consider and take appropriate action regarding the award of a contract to Jamail &
Smith Construction, for rehabilitation and construction services for the Police
Department Facility; and authorizing the Town Manager to execute necessary
documents.
Council Member Mayer made a motion to award a contract to Jamail & Smith Construction,
for rehabilitation and construction services for the Police Department Facility; and
authorizing the Town Manager to execute necessary documents. Motion seconded by
Council Member Tiffany. Motion approved by vote of 5-0.
April 22, 2013 Town Council Minutes Page 7 of 8
18. Consider and take appropriate action regarding March 2013 Monthly Financials.
Finance Director Michael Aguilera briefed Council regarding this item.
Council Member Rose made a motion to approve the March 2013 Monthly Financials.
Motion seconded by Council Member Schroeder. Motion approved by vote of 5-0.
19. Town Council Liaison Updates; EDC 4B Meeting; Mayor Pro Tem Strother and
discussion of same.
Mayor Pro Tem Strother updated Council regarding the April 15, 2013 EDC 4B Meeting.
20. Town Manager Slye's update regarding the following, and discussion of
same:
- Feasibility Study RFQ, TIF RFQ
- TML IEBP Meeting April 24th - 26th
Town Manage Mike Slye briefed Council regarding these items.
21. Items for Future Agendas.
Council Member Schroeder advised staff to bring forward a discussion regarding ball park
signage and reminded staff to promote June as Speed Awareness Month.
Council Member Mayer advised staff to research and bring forward a tax incentive or grant
assistance for the recovery and renewal of existing residential properties.
Larry Hoover spoke urging Council to consider a Town Manager contract of (3) three years.
EXECUTIVE SESSION – Council recessed into Executive Session at 10:00 p.m.
22. Pursuant to Texas Government Code, Annotated, Chapter 551, Council
convened into Closed Executive Session as authorized by:
A. Section 551.071 “Consultation with Attorney” for consultation with its attorney on a
matter in which the duty of the attorney to the Governmental Body under the Disciplinary
Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open
Meetings Act (551.071 (2)).
(1) Water and wastewater services; terms of interlocal agreement regarding lease and
conveyance of utility system assets and provision
of retail water and wastewater services, approval and parameters of
representation, and related matters.
B. Section 551.074 to deliberate the appointment, employment evaluation, reassignment,
duties, discipline, or dismissal of a public officer or employee:
(1) Annual evaluation of Town Manager, Mike Slye.
23. To reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
April 22, 2013 Town Council Minutes Page 8 of 8
Council reconvened into Regular Session at 11:38 p.m.
As a result of Executive Session, Council Member Tiffany made a motion to pursue a retail
arrangement with the Trophy Club MUD 1 and directed the Town Attorney to draft a counter
proposal with a goal for delivery of the proposal to the Trophy Club MUD 1 by May 2013.
Motion seconded by Council Member Rose. Motion approved by vote of 5-0.
Council Member Mayer made a motion to approve the Town Manager’s Contract as a result of
Executive Session effective May 16, 2013. Motion seconded by Council Member Schroeder.
Motion approved by vote of 5-0.
ADJOURN
Council Member Mayer made a motion to adjourn the meeting. Motion seconded by Council
Member Schroeder. Motion approved by vote of 5-0.
Meeting adjourned at 11:46 p.m.
Attest: Signed:
___________________________________ ___________________________________
Amy M. Piukana, TRMC, Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-262-T Name:
Status:Type:Agenda Item Draft
File created:In control:4/29/2013 Town Council
On agenda:Final action:5/6/2013
Title:Consider and take appropriate action regarding a Proclamation declaring May 19 - 25, 2013 as Public
Works Week.
Attachments:PublicWksProclamation.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding a Proclamation declaring May 19 - 25, 2013 as Public
Works Week.
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-263-T Name:
Status:Type:Agenda Item Draft
File created:In control:4/29/2013 Town Council
On agenda:Final action:5/6/2013
Title:Consider and take appropriate action regarding a Proclamation recognizing May 19-25, 2013 as EMS
(Emergency Medical Services) Week.
Attachments:Proclamation EMS.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding a Proclamation recognizing May 19-25, 2013 as EMS
(Emergency Medical Services) Week.
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-264-T Name:
Status:Type:Agenda Item Draft
File created:In control:4/29/2013 Town Council
On agenda:Final action:5/6/2013
Title:Consider and take appropriate action regarding a Proclamation declaring May 12-18, 2013 as
National Police Week.
Attachments:NatlPoliceWeek.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding a Proclamation declaring May 12-18, 2013 as National
Police Week.
~(/o/a-?na-?i(/n
In Recognition cif National Police Week 2013 and to honor the service and sacrifice of those law enforcement
cifficers killed in the line cif duty while protecting our communities and safeguarding our democracy.
WHEREAS, there are approximately 900,000 law enforcement officers serving in communities across the United States,
including the dedicated members of Trophy Club Police Department;
WHEREAS, nearly 60,000 assaults against law enforcement officers are reported each year, resulting in approximately
16,000 injuries;
WHEREAS, since the first recorded death in 1791, almost 20,000 law enforcement officers in the United States have
made the ultimate sacrifice and been killed in the line of duty;
WHEREAS, the names of these dedicated public servants are engraved on the walls of the National Law Enforcement
Officers Memorial in Washington, D.C.;
WHEREAS, new names of fallen heroes are being added to the National Law Enforcement Officers Memorial this spring,
including 119 officers killed in 2012 and 201 officers killed in previous years;
WHEREAS, the service and sacrifice of all officers killed in the line of duty will be honored during the National Law
Enforcement Officers Memorial Fund's 25 th Annual Candlelight Vigil, on the evening of May 13,2013;
WHEREAS, the Candlelight Vigil is part of National Police Week, which takes place this year on May 12-18;
WHEREAS, May 15 is designated as Peace Officers Memorial Day, in honor of all fallen officers and their families and
U.S. flags should be flown at half staff;
Now ,Therefore; be it resolved that the Town of Trophy Club Town Council designates May 12-18, 2013, as Police
Week in Trophy Club, and publicly salute the service of law enforcement in our community and across the nation.
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-266-T Name:
Status:Type:Agenda Item Draft
File created:In control:4/29/2013 Town Council
On agenda:Final action:5/6/2013
Title:Consider and take appropriate action regarding a contract between the Town and Intermedix
Corporation for billing services and the use and disclosure of Protected Health Information in
compliance with state and federal law.
Attachments:Staff Report.pdf
ContractIntermedix.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding a contract between the Town and Intermedix Corporation
for billing services and the use and disclosure of Protected Health Information in compliance with state
and federal law.
Town of Trophy Club
To: Mayor and Town Council
From: Danny Thomas, Fire Chief
CC: Mike Slye, Town Manager
Re: Town Council Meeting May 6, 2013
___________________________________________________________________
Agenda Item:
Consider and take appropriate action regarding a contract with Intermedix
Corporation and the Town of Trophy Club for Protected Health Information
and Business Associate Services.
Explanation:
Both the Town and Intermedix Corporation agree to all State and Federal regulations under this
Business Associate Agreement and maintain the rules of Health Insurance Portability and
Accountability Act (HIPAA) and Protected Health Information (PHI).
Budget Impact:
None
Attachments:
Business Associate Agreement.
Town Council Goals:
Goal #1& # 6: Safe and Secure Community / Healthy and Vibrant
Provide superior Emergency Services
Provide superior customer service
Recommendation: Approve ILA with Intermedix Corp..
BUSINESS ASSOCIATE AGREEMENT
This Business Associate Agreement ("Agreement") is entered into between TOWN OF
TROPHY CLUB ("Covered Entity") and INTERMED IX CORPORA TI ON, a DELA WARE
CORPORATION, on behalf of itself and its subsidiaries and affiliates ("Business Associate"),
effective as of September 23, 2013, or such earlier date as the Agreement is executed by both parties
(the "Effective Date").
WHEREAS, Covered Entity and Business Associate have entered into, or plan to enter into,
an arrangement pursuant to which Business Associate may provide services for Covered Entity that
require Business Associate to access, create and use Protected Health Information ("PHI") that is
confidential under state and/or federal law; and
WHEREAS, Covered Entity and Business Associate intend to protect the privacy and
provide for the security of PHI disclosed by Covered Entity to Business Associate, or collected or
created by Business Associate, in compliance with the Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191 ("HIP AA"), and the regulations promulgated there
under, including, without limitation, the regulations codified at 45 CFR Parts 160 and 164 ("HIPAA
Regulations"); the Health Information Technology for Economic and Clinical Health Act, as
incorporated in the American Recovery and Reinvestment Act of 2009, and its implementing
regulations and guidance issued by the Secretary of the Department of Health and Human Services
(the "Secretary") (the "HITECH Act"); and other applicable state and federal laws, all as amended
from time to time, including as amended by the Final Rule issued by the Secretary on January 17,
2013 titled "Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification
Rules under the Health Information Technology for Economic and Clinical Health Act and the
Genetic Information Nondiscrimination Act; Other Modifications to the HIP AA Rules"; and
WHEREAS, the HIP AA Regulations require Covered Entity to enter into an agreement with
Business Associate meeting certain requirements with respect to the Use and Disclosure of PHI,
which are met by this Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein and the
exchange of infonnation pursuant to this Agreement, the parties agree as follows:
1. Definitions.
Capitalized terms used herein without definition shall have the meanings ascribed to
them in the HIPAA Regulations or the HITECH Act, as applicable unless otherwise defined herein.
2. Obligations of Business Associate.
a. Permitted Uses and Disclosures. Business Associate shall only Use or
Disclose PHI for the purposes of (i) perfolming Business Associate's obligations under Exhibit A of
this Agreement ("Exhibit A") and as permitted by this Agreement; or (ii) as permitted or Required
By Law; or (iii) as otherwise pellnitted by this Agreement. Business Associate shall not Use or
further Disclose PHI other than as permitted or required by this Agreement or as Required By Law.
EMS
Further, Business Associate shall not Use or Disclose PHI in any manner that would constitute a
violation of the HIPAA Regulations or the HITECH Act if so used by Covered Entity, except that
Business Associate may Use PHI (i) for the proper management and administration of Business
Associate; and (ii) to carry out the legal responsibilities of Business Associate. Business Associate
may Disclose PHI for the proper management and administration of Business Associate, to carry out
its legal responsibilities or for payment purposes as specified in 45 CFR § 164.506(c)(l) and (3),
including but not limited to Disclosure to a business associate on behalf of a covered entity or health
care provider for payment purposes of such covered entity or health care provider, with the
expectation that such parties will provide reciprocal assistance to Covered Entity, provided that with
respect to any such Disclosure either: (i) the Disclosure is Required By Law; or (ii) for pennitted
Disclosures when Required By Law, Business Associate shall obtain a written agreement from the
person to whom the PHI is to be Disclosed that such person will hold the PHI in confidence and will
not use and further disclose such PHI except as Required By Law and for the purpose(s) for which it
was Disclosed by Business Associate to such person, and that such person will notify Business
Associate of any instances of which it is aware in which the confidentiality of the PHI has been
breached.
b. Appropriate Safeguards. Business Associate shall implement administrative,
physical and technical safeguards that (i) reasonably and appropriately protect the confidentiality,
integrity and availability of electronic PHI that it creates, receives, maintains or transmits on behalf
of Covered Entity; and (ii) prevent the Use or Disclosure of PHI other than as contemplated by
Exhibit A and this Agreement.
c. Compliance with Security Provisions. Business Associate shall: (i)
implement and maintain administrative safeguards as required by 45 CFR § 164.308, physical
safeguards as required by 45 CFR § 164.310 and technical safeguards as required by 45 CFR
§ 164.312; (ii) implement and document reasonable and appropriate policies and procedures as
required by 45 CFR § 164.316; and (iii) be in compliance with all requirements of the HITECH Act
related to security and applicable as if Business Associate were a "covered entity," as such tenn is
defined in HIP AA.
d. Compliance with Privacy Provisions. Business Associate shall only Use and
Disclose PHI in compliance with each applicable requirement of 45 CFR § 164.504(e). Business
Associate shall comply with all requirements of the HITECH Act related to privacy and applicable as
if Business Associate were a "covered entity," as such term is defined in HIPAA. To the extent
Business Associate is to carry out one or more of Covered Entity's obligation(s) under Subpart E of
45 CFR Part 164, Business Associate shall comply with the requirements of Subpart E that apply to
Covered Entity in the perfonnance of such obligation(s).
e. Duty to Mitigate. Business Associate agrees to mitigate, to the extent
practicable and mandated by law, any harmful effect that is known to Business Associate of a Use or
Disclosure of PHI by Business Associate in violation of the requirements of this Agreement.
f. Encryption. To facilitate Business Associate's compliance with this
Agreement and to assure adequate data security, Covered Entity agrees that all PHI provided or
transmitted to Business Associate pursuant to Exhibit A shall be provided or transmitted in a manner
which renders such PHI unusable, unreadable or indecipherable to unauthorized persons, through the
use of a technology or methodology specified by the Secretary in the guidance issued under section
13402(h)(2) ofthe HITECH Act. Covered Entity acknowledges that failure to do so could contribute
to or permit a Breach requiring patient notification under the HITECH Act and further agrees that
Business Associate shall have no liability for any Breach caused by such failure.
3. Reporting.
a. Security Incidents and/or Unauthorized Use or Disclosure. Business
Associate shall report to Covered Entity a successful Security Incident or any Use and/or Disclosure
of PHI other than as provided for by this Agreement or permitted by applicable law within a
reasonable time of becoming aware of such Security Incident and/or unauthorized Use or Disclosure
(but not later than ten (10) days thereafter), in accordance with the notice provisions set forth herein.
Business Associate shall take (i) prompt action to cure any such deficiencies as reasonably requested
by Covered Entity, and (ii) any action pertaining to such Security Incident and/or unauthorized Use
or Disclosure required by applicable federal and state laws and regulations. If such successful
Security Incident or unauthorized Use or Disclosure results in a Breach as defined in the HITECH
Act, then Covered Entity shall comply with the requirements of Section 3.b below.
b. Breach of Unsecured PHI. The provisions of this Section 3.b are effective
with respect to the Discovery of a Breach of Unsecured PHI occurring on or after September 23,
2009. With respect to any unauthorized acquisition, access, Use or Disclosure of Covered Entity's
PHI by Business Associate, its agents or subcontractors, Business Associate shall (i) investigate such
unauthorized acquisition, access, Use or Disclosure; (ii) determine whether such unauthorized
acquisition, access, Use or Disclosure constitutes a reportable Breach under the HITECH Act; and
(iii) document and retain its findings under clauses (i) and (ii). If Business Associate Discovers that
a reportable Breach has occurred, Business Associate shall notify Covered Entity of such reportable
Breach in writing within thirty (30) days of the date Business Associate Discovers such Breach.
Business Associate shall be deemed to have discovered a Breach as of the first day that the Breach is
either known to Business Associate or any of its employees, officers or agents, other than the person
who committed the Breach, or by exercising reasonable diligence should have been known to
Business Associate or any of its employees, officers or agents, other than the person who committed
the Breach. To the extent the information is available to Business Associate, Business Associate's
written notice shall include the information required by 45 CFR § 164.41 O(c). Business Associate
shall promptly supplement the written report with additional information regarding the Breach as it
obtains such information. Business Associate shalt cooperate with Covered Entity in meeting
Covered Entity's obligations under the HITECH Act with respect to such Breach.
4. Business Associate's Agents. To the extent that Business Associate uses one or more
subcontractors or agents to provide services under Exhibit A, and such subcontractors or agents
receive or have access to PHI, Business Associate shall sign an agreement with such subcontractors
or agents containing substantially the same provisions as this Agreement.
5. Rights ofIndividuals.
a. Access to PHI. Within ten (l0) days of receipt of a request by Covered
Entity, Business Associate shall make PHI maintained in a Designated Record Set available to
Covered Entity or, as directed by Covered Entity, to an Individual to enable Covered Entity to fulfill
its obligations under 45 CFR § 164.524. Subject to Section 5.b below, (i) in the event that any
Individual requests access to PHI directly from Business Associate in connection with a routine
billing inquiry, Business Associate shall directly respond to such request in compliance with 45 CFR
§ 164.524; and (ii) in the event such request appears to be for a purpose other than a routine billing
inquiry, Business Associate shall forward a copy of such request to Covered Entity and shall fully
cooperate with Covered Entity in responding to such request. In either case, a denial of access to
requested PHI shall not be made without the prior written consent of Covered Entity.
b. Access to Electronic Health Records. If Business Associate is deemed to use
or maintain an Electronic Health Record on behalf of Covered Entity with respect to PHI, then, to the
extent an Individual has the right to request a copy of the PHI maintained in such Electronic Health
Record pursuant to 45 CFR § 164.524 and makes such a request to Business Associate, Business
Associate shall provide such Individual with a copy of the information contained in such Electronic
Health Record in an electronic format and, if the Individual so chooses, transmit such copy directly
to an entity or person designated by the Individual. Business Associate may charge a fee to the
Individual for providing a copy of such information, but such fee may not exceed Business
Associate's labor costs in responding to the request for the copy. The provisions of 45 CFR
§ 164.524, including the exceptions to the requirement to provide a copy of PHI, shall otherwise
apply and Business Associate shall comply therewith as if Business Associate were the "covered
entity," as such term is defined in HIP AA. At Covered Entity's request, Business Associate shall
provide Covered Entity with a copy of an Individual's PHI maintained in an Electronic Health
Record in an electronic format and in a time and manner designated by Covered Entity in order for
Covered Entity to comply with 45 CFR § 164.524, as amended by the HITECH Act.
c. Amendment of PHI. Business Associate agrees to make any amendment(s) to
PHI in a Designated Record Set that Covered Entity directs or agrees to pursuant to 45 CFR
§ 164.526 at the request of Covered Entity or an Individual, and in the time and manner designated
by Covered Entity.
d. Accounting Rights. This Section 5.d is subject to Section 5.e below. Business
Associate shall make available to Covered Entity, in response to a request from an Individual,
information required for an accounting of disclosures of PHI with respect to the Individual, in
accordance with 45 CFR § 164.528, incorporating exceptions to such accounting designated under
such regulation. Such accounting is limited to disclosures that were made in the six (6) years prior to
the request and shall not include any disclosures that were made prior to the compliance date of the
HIPAA Regulations. Business Associate shall provide such information as is necessary to provide an
accounting within ten (10) days of Covered Entity's request. Such accounting must be provided
without cost to the Individual or to Covered Entity if it is the first accounting requested by an
Individual within any twelve (12) month period; however, a reasonable, cost-based fee may be
charged for subsequent accountings if Business Associate informs Covered Entity and Covered
Entity informs the Individual in advance of the fee, and the Individual is afforded an opportunity to
withdraw or modify the request. Such accounting obligations shall survive termination of this
Agreement and shall continue as long as Business Associate maintains PHI.
e. Accounting of Disclosures of Electronic Health Records. The provisions of
this Section 5.e shall be effective on the date specified in the HITECH Act. If Business Associate is
deemed to use or maintain an Electronic Health Record on behalf of Covered Entity, then, in addition
to complying with the requirements set forth in Section 5.d above, Business Associate shall maintain
an accounting of any Disclosures made through such Electronic Health Record for Treatment,
Payment and Health Care Operations, as applicable. Such accounting shall comply with the
requirements of the HITECH Act. Upon request by Covered Entity, Business Associate shall
provide such accounting to Covered Entity in the time and manner specified by Covered Entity and
in compliance with the HITECH Act. Altematively, if Covered Entity responds to an Individual's
request for an accounting of Disclosures made through an Electronic Health Record by providing the
requesting Individual with a list of all business associates acting on behalf of Covered Entity, then
Business Associate shall provide such accounting directly to the requesting Individual in the time and
manner specified by the HITECH Act.
f. Agreement to Restrict Disclosure. If Covered Entity is required to comply
with a restriction on the Disclosure of PHI pursuant to Section 13405 of the HITECH Act, then
Covered Entity shall, to the extent necessary to comply with such restriction, provide written notice
to Business Associate of the name of the Individual requesting the restriction and the PHI affected
thereby. Business Associate shall, upon receipt of such notification, not Disclose the identified PHI
to any health plan for the purposes of carrying out Payment or Health Care Operations, except as
otherwise required by law. Covered Entity shall also notify Business Associate of any other
restriction to the Use or Disclosure of PHI that Covered Entity has agreed to in accordance with 45
CFR § 164.522.
6. Remuneration and Marketing.
a. Remuneration for PHI. This Section 6.a shall be effective with respect to
exchanges of PHI occurring six (6) months after the date of the promulgation of final regulations
implementing the provisions of Section 13405( d) of the HITECH Act. On and after such date,
Business Associate agrees that it shall not, directly or indirectly, receive remuneration in exchange
for any PHI of Covered Entity except as otherwise permitted by the HITECH Act.
b. Limitations on Use of PHI for Marketing Purposes. Business Associate shall
not Use or Disclose PHI for the purpose of making a communication about a product or service that
encourages recipients of the communication to purchase or use the product or service, unless such
communication: (I) complies with the requirements of subparagraph 0), (ii) or (iii) of paragraph (1)
of the definition of marketing contained in 45 CFR § 164.501, and (2) complies with the
requirements of subparagraphs (A), (B) or (C) of Section 13406(a)(2) of the HITECH Act, and
implementing regulations or guidance that may be issued or amended from time to time. Covered
Entity agrees to assist Business Associate in determining if the foregoing requirements are met with
respect to any such marketing communication.
7. Governmental Access to Records. Business Associate shall make its internal
practices, books and records relating to the Use and Disclosure of PHI available to the Secretary for
purposes of determining Covered Entity's compliance with the HIPAA Regulations and the HITECH
Act. Except to the extent prohibited by law, Business Associate agrees to notify Covered Entity of
all requests served upon Business Associate for information or documentation by or on behalf of the
Secretary. Business Associate shall provide to Covered Entity a copy of any PHI that Business
Associate provides to the Secretary concurrently with providing such PHI to the Secretary.
8. Minimum Necessary. To the extent required by the HITECH Act, Business
Associate shall limit its Use, Disclosure or request of PHI to the Limited Data Set or, if needed, to
the minimum necessary to accomplish the intended Use, Disclosure or request, respectively.
Effective on the date the Secretary issues guidance on what constitutes "minimum necessary" for
purposes of the HIP AA Regulations, Business Associate shall limit its Use, Disclosure or request of
PHI to only the minimum necessary as set forth in such guidance.
9. State Privacy Laws. Business Associate shall comply with state laws to extent that
such state privacy laws are not preempted by HIPAA or the HITECH Act.
10. Termination.
a. Breach by Business Associate. If Covered Entity knows of a pattern of
activity or practice of Business Associate that constitutes a material breach or violation of Business
Associate's obligations under this Agreement, then Covered Entity shall promptly notify Business
Associate. With respect to such breach or violation, Business Associate shall take reasonable steps to
cure such breach or end such violation, if possible. If such steps are either not possible or are
unsuccessful, upon written notice to Business Associate, Covered Entity may terminate its
relationship with Business Associate.
b. Breach by Covered Entity. If Business Associate knows of a pattern of
activity or practice of Covered Entity that constitutes a material breach or violation of Covered
Entity's obligations under this Agreement, then Business Associate shall promptly notify Covered
Entity. With respect to such breach or violation, Covered Entity shall take reasonable steps to cure
such breach or end such violation, if possible. If such steps are either not possible or are
unsuccessful, upon written notice to Covered Entity, Business Entity may terminate its relationship
with Covered Entity.
c. Effect of Termination. Upon termination of this Agreement for any reason,
Business Associate shall either return or destroy all PHI, as requested by Covered Entity, that
Business Associate or its agents or subcontractors still maintain in any form, and shall retain no
copies of such PHI. If Covered Entity requests that Business Associate return PHI, such PHI shall be
returned in a mutually agreed upon format and timeframe. If Business Associate reasonably
determines that return or destruction is not feasible, Business Associate shall continue to extend the
protections of this Agreement to such PHI, and limit further uses and disclosures of such PHI to
those purposes that make the return or destruction of such PHI not feasible. If Business Associate is
asked to destroy the PHI, Business Associate shall destroy PHI in a manner that renders the PHI
unusable, unreadable or indecipherable to unauthorized persons as specified in the HITECH Act.
11. Amendment. The parties acknowledge that state and federal laws relating to data
security and privacy are rapidly evolving and that amendment of this Agreement may be required to
ensure compliance with such developments. The parties specifically agree to take such action as is
necessary to implement any new or modified standards or requirements of HIPAA, the HIPAA
Regulations, the HITECH Act and other applicable laws relating to the security or confidentiality of
PHI. Upon the request of Covered Entity, Business Associate agrees to promptly enter into
negotiation concerning the terms of an amendment to this Agreement incorporating any such
changes.
12. No Third Party Beneficiaries. Nothing express or implied in this Agreement is
intended to confer, nor shall anything herein confer, upon any person other than Covered Entity,
Business Associate and their respective successors or assigns, any rights, remedies, obligations or
liabilities whatsoever.
13. Effect on Underlying AITangement. In the event of any conflict between this
Agreement and any underlying arrangement between Covered Entity and Business Associate, the
terms of this Agreement shall control.
14. Survival. The provIsIOns of this Agreement shall survive the termination or
expiration of any underlying arrangement between Covered Entity and Business Associate.
15. Interpretation. This Agreement shall be interpreted as broadly as necessary to
implement and comply with HIPAA, the HIP AA Regulations and the HITECH Act. The parties
agree that any ambiguity in this Agreement shall be resolved in favor of a meaning that complies and
is consistent with such laws.
16. Governing Law. This Agreement shall be construed in accordance with the laws of
the State of Florida.
17. Notices. All notices required or permitted under this Agreement shall be in writing
and sent to the other paliy as directed below or as otherwise directed by either party, from time to
time, by written notice to the other. All such notices shall be deemed validly given upon receipt of
such notice by certified mail, postage prepaid, facsimile transmission, e-mail or personal or courier
delivery:
If to Covered Entity: Town of Trophy Club
100 Municipal Dr.
Trophy Club, TX 76262
Attn: Town Manager
Telephone no: _______________
Facsimile no: _______________
If to Business Associate: Intennedix Corporation
6451 N. Federal Highway, Suite 1000
Ft. Lauderdale, Fl 33308
Attn: Gregg Bloom, Chief Compliance Officer
Telephone no: 954-308-8702
Facsimile no: 954-308-8725
IN WITNESS WHEREOF, the parties hereto have duly executed this as of the Effective
Date.
COVERED ENTITY INTERMEDIX CORPORATION, a
DELA WARE CORPORATION, on behalf of
itself']subsidiaries ~d affiliates
By: _____________
Name:____________ ~~~e: GredMooin~
Title:____________ Title: Chief Compliance Officer
Date:____________ Date: April 23, 2013
EXHIBIT A
The following services to be performed by Business Associate require Business Associate to
access, create and use PHI on behalf of Covered Entity in accordance with the Agreement:
)0> Prepare and submit initial claims and bills for Covered Entity promptly upon receipt thereof,
and prepare and submit secondary claims and bills promptly after identification of the need to
submit a secondary claim.
Assist Covered Entity in identifying necessary documentation in order to process and bill the
accounts.
Direct payments to a lockbox or bank account designated by Covered Entity, to which
Covered Entity alone will have signature authority.
Pursue appeals of denials, partial denials and rejections when deemed appropriate by
Business Associate.
)0> Respond to and follow up with payors and respond to messages or inquiries from a payor.
)0> Provide appropriate storage and data back-up for records pertaining to Covered Entity's bills
and collections, accessible to Covered Entity at reasonable times.
)0> Maintain records of services performed and financial transactions.
)0> Meet, as needed, with representatives of Covered Entity to discuss results, problems· and
recommendations.
Provide any Covered Entity-designated collection agency with the data necessary
collection services to be performed when an account is refelTed to such agency.
for
Support the provider in filing and maintaining required documentation and agreements with
commonly-used payors (e.g., Medicare, Medicaid, Champus, etc.).
Provide reasonably necessary training periodically, as requested by Covered Entity, to
Covered Entity's emergency medical personnel regarding the gathering of the necessary
information and proper completion of run reports.
Utilize up-to-date knowledge and information with regard to coding requirements and
standards, to comply with applicable federal, state and local regulations.
Provide a designated liaison for Covered Entity, patient and other payor concems.
Provide a toll free telephone number for patients and other payors to be answered as
designated by Covered Entity.
Facilitate proper security of confidential information and proper shredding of disposed
materials containing such information.
Establish arrangements with hospitals to obtain/verify patient Insurance and contact
information.
Respond to any Covered Entity, payor or patient inquiry or questions promptly.
Maintain appropriate accounting procedures for reconciling deposits, receivables, billings,
patient accounts, adjustments and refunds.
Provide reasonable access to Covered Entity for requested information in order for Covered
Entity to perform appropriate and periodic audits.
Provide timely reports facilitating required aspects of monitoring, evaluating, auditing and
managing the services provided.
Process refund requests and provide Covered Entity with documentation substantiating each
refund requested.
Assign billing to patient account numbers providing cross-reference to Covered Entity's
assigned transport numbers.
Maintain responsibility for obtain.ing missing or incomplete insurance information.
» Provide accurate coding of medical claims based on information provided by Covered Entity.
» Negotiate and arrange modified payment schedules for individuals unable to pay full amount
when billed.
Retain accounts for a minimum of twelve (12) months (unless otherwise specified by mutual
agreement) and after twelve (12) months turn over accounts for which no collection has been
made (unless insurance payment is pending) to an agency designated by Covered Entity.
Permit real-time read only electronic look-up access by Covered Entity to Business
Associate's billing system and SaaS Service, if applicable, to obtain patient data and billing
information.
Maintain records in an electronic format that is readily accessible by Covered Entity's
personnel and that meets federal and state requirements for maintaining patient medical
records.
If Covered Entity has purchased Business Associate's TripTix® product, Business Associate
shall provide TripTix® based reporting extract of data required by state or local regulatory
authorities connectivity/interface in a format reasonably required by such authorities.
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-275-T Name:
Status:Type:Agenda Item Draft
File created:In control:4/30/2013 Town Council
On agenda:Final action:5/6/2013
Title:Presentation of the Town Mid Year Financial Update; discussion of same.
Attachments:
Action ByDate Action ResultVer.
Title
Presentation of the Town Mid Year Financial Update; discussion of same.
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-265-T Name:
Status:Type:Agenda Item Draft
File created:In control:4/29/2013 Town Council
On agenda:Final action:5/6/2013
Title:Consider and take appropriate action regarding a Proclamation declaring the month of June as Speed
Awareness Month in Trophy Club.
Attachments:ProclamationJuneSPeedAwareness.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding a Proclamation declaring the month of June as Speed
Awareness Month in Trophy Club.
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-269-T Name:
Status:Type:Agenda Item Draft
File created:In control:4/29/2013 Town Council
On agenda:Final action:5/6/2013
Title:Consider and take appropriate action regarding an interlocal agreement between the Town and
Tarrant County to expand and modify the West Nile Virus Surveillance and Response Program; and
authorizing the Mayor or her designee to execute all necessary documents.
Attachments:Staff Report ILA.pdf
ILAContractTarrantCounty.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding an interlocal agreement between the Town and Tarrant
County to expand and modify the West Nile Virus Surveillance and Response Program; and authorizing
the Mayor or her designee to execute all necessary documents.
Town of Trophy Club
To: Mayor and Town Council
From: Danny Thomas, Fire Chief
CC: Mike Slye, Town Manager
Re: Town Council Meeting May 6, 2013
___________________________________________________________________
Agenda Item:
Consider and take appropriate action regarding an interlocal agreement
with Tarrant County to expand and modify the West Nile Virus Surveillance
and Response Program.
Explanation:
The Town and Tarrant County are teaming together to create a West Nile Virus Mosquito
Surveillance and Response Program. Tarrant County will provide the trapping equipment and test
results. Trophy Club will be responsible for monitoring the traps and delivering to the labs.
Budget Impact:
None
Attachments:
West Nile Virus Mosquito Surveillance and Response Program Agreement.
Town Council Goals:
Goal #1& # 6: Safe and Secure Community / Healthy and Vibrant
Provide superior Emergency Services
Provide superior customer service
Recommendation:
Approve West Nile Virus Mosquito Surveillance and Response Program
1
INTERLOCAL COOPERATION AGREEMENT
_______________________________________________________________________
This INTERLOCAL COOPERATION AGREEMENT (“Agreement”) is entered into by
and between the CITY OF TROPHY CLUB (“City”), a home rule municipal corporation
organized under the laws of the State of Texas, and the COUNTY OF TARRANT
(“County”), a county organized under the laws of the State of Texas for the purpose of
implementing a West Nile Virus Mosquito Surveillance and Response Program.
FINDINGS
The City and County make the following findings in support of entering into this
Agreement:
A. The County has consulted with representatives from the Centers for Disease
Control, Texas A&M University, Mosquito Control Districts, the State of Texas and local
municipalities to create a West Nile Virus Mosquito Surveillance and Response Program;
B. West Nile Virus infections represent a serious public health threat to the
citizens of the County and the City;
C. Mosquitoes spread disease without regard to city or county boundaries;
D. The performance of this Agreement by both the City and County will be in the
common interest of both parties and will benefit the general public;
E. County and City are making payment, if applicable, from current revenues
available to the paying party;
F. Any payment required by this Agreement is in an amount that fairly
compensates the performing party for the services or functions performed under this
Agreement; and
G. The governing bodies of County and City have each authorized this
Agreement.
2
The City and the County agree as follows:
AGREEMENT
1. WEST NILE VIRUS MOSQUITO SURVEILLANCE AND RESPONSE PROGRAM.
County and City are teaming together to create a West Nile Virus Mosquito
Surveillance and Response Program. This program will include the provision of
numerous mosquito traps, monitoring the traps, and testing the mosquitoes trapped.
2. TERM.
The term of this Agreement commences on the date of complete execution of
this Agreement (the “Effective Date”) and will expire on September 30, 2013.
However, this Agreement will automatically renew for successive terms of 1 year each
commencing October 1 of a given year and expiring September 30 of the following year.
Either party may terminate this Agreement on 60 days written notice prior to the
beginning of any term of this Agreement.
3. DESCRIPTION OF PROGRAM.
3.1. Surveillance Equipment.
The County will provide the City with (i) 1 Gravid Mosquito Trap with electrical
batteries, (ii) a battery charger, (iii) an aspirator and (iv) sufficient transport
containers. Equipment will be returned to the County if the City no longer uses
the equipment as part of this program.
3.2. Surveillance Services
The County will provide the City with (i) a schedule for sample submissions, (ii)
processing and testing of the mosquitoes for the presence of West Nile Virus and
St. Louis Encephalitis virus, (iii) reports of the test results, (iv) analysis of
regional data, and (v) recommendations for response options.
3.3. Trap Operation
City will operate the provided traps in a manner and number in accordance with
the plan specified by the county. Trapped mosquito samples will be submitted to
the County according to the schedule issued by the County with the information
required.
3.4. Education
The County will provide City with (i) education regarding the placement and
operation of mosquito traps and (ii) education in Integrated Pest Management
methods of mosquito control (iii) a response plan model and assist with adapting
the response plan to the City’s needs.
3
3.5. Communication
Each party will provide at least two points of contact for the exchange of
information.
3.6. Cooperative Purchasing
Contracts initiated by the County for services related to the surveillance or
control of disease carrying mosquitoes will include provision for cooperative
purchasing.
3.7 Cost Sharing
A cost sharing model will be developed wherein the City would be responsible for
the cost associated with response activities i.e., adulticiding, within their
jurisdiction.
4. INDEPENDENT CONTRACTOR.
Nothing contained in this Agreement is intended by the parties to create a
partnership or joint venture between the parties, and any implication to the contrary is
hereby expressly disavowed. It is understood and agreed that this Agreement does not
create a joint enterprise, nor does it appoint any party as an agent of any other party,
for any purpose whatsoever.
5. LIABILITY.
Nothing in the performance of this Agreement may impose any liability for claims
against the City or the County other than claims for which liability may be imposed by
the Texas Tort Claims Act.
6. NOTICES.
All written notices called for or required by this Agreement must be addressed to
the following, or other party or address as either party designates in writing, by certified
mail, postage prepaid, or by hand delivery:
City: County:
Attn: ____________________ Attn: County Administrator
_______________________ Tarrant County Administration Building
_______________________ 100 E. Weatherford Street
_______________________ Fort Worth, TX 76196
4
7. COMPLIANCE WITH LAWS. ORDINANCES. RULES AND REGULATIONS.
This Agreement will be subject to all applicable federal, state and local laws,
ordinances, rules and regulations, including, but not limited to, all provisions of the City’s
Charter and ordinances, as amended.
8. NO WAIVER.
The failure of either party to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted hereunder will not
constitute a waiver of that party’s right to insist upon appropriate performance or to
assert any such right on any future occasion.
9. VENUE AND JURISDICTION.
If any action, whether real or asserted, at law or in equity, arises on the basis of
any provision of this Agreement venue for such action will lie in state district courts
located in Tarrant County, Texas. This Agreement must be construed in accordance with
the laws of the State of Texas.
10. NO THIRD PARTY RIGHTS.
The provisions and conditions of this Agreement are solely for the benefit of the
City and County and are not intended to create any rights, contractual or otherwise, to
any other person or entity.
11. INTERPRETATION.
In the event of any dispute over the meaning or application of any provision, of
this Agreement this Agreement will be interpreted fairly and reasonably, and neither
more strongly for or against any patty, regardless of the actual drafter of this
Agreement.
12. CAPTIONS.
Captions and headings used in this Agreement are for reference purposes only
and may not be deemed a part of this Agreement.
13. ENTIRETY OF AGREEMENT.
This Agreement, including any exhibits attached hereto and any documents
incorporated herein by reference, contains the entire understanding and agreement
5
between the City and County as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the
extent in conflict with any provision of this Agreement.
14. COUNTERPARTS.
This Agreement may be executed in multiple counterparts, each of which will be
considered an original, but all of which will constitute one instrument.
EXECUTED as of the last date indicated below:
CITY OF TROPHY CLUB: COUNTY OF TARRANT:
By: ___________________ By:____________________
B. Glen Whitley
City Manager County Judge
Date:____________________ Date:________________
APPROVED AS TO FORM/LEGALITY: APPROVED AS TO FORM:
By: ____________________________ By: ____________________
City Attorney Assistant District Attorney*
*By law, the District Attorney’s Office may only advise or approve contracts or legal documents
on behalf of its clients. It may not advise or approve a contract or legal document on behalf of
other parties. Our view of this document was conducted solely from the legal perspective of our
client. Our approval of this document was offered solely for the benefit of our client. Other
parties should not rely on this approval and should seek review and approval by their own
respective attorney (s).
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-278-T Name:
Status:Type:Agenda Item Draft
File created:In control:5/1/2013 Town Council
On agenda:Final action:5/6/2013
Title:Consider and take appropriate action regarding a Resolution granting the Town's consent to the
provision of retail water and wastewater services by MUD1 for three (3) separate properties located in
Village Center, Planned Development No. 27; and providing an effective date.
Attachments:Staff Report.pdf
Resolution 2013-08.pdf
ExhibitA.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding a Resolution granting the Town's consent to the provision
of retail water and wastewater services by MUD1 for three (3) separate properties located in Village
Center, Planned Development No. 27; and providing an effective date.
Town of Trophy Club
To: Mayor and Town Council
From: Mike Slye, Town Manager
Re: Town Council Meeting May 6, 2013
___________________________________________________________________
Agenda Item:
Consider and take appropriate action regarding a Resolution granting the Town’s
consent to the provision of retail water and wastewater services by MUD1 to properties
within the town, but outside the MUD1 district boundaries and the PID boundaries: and
providing an effective date.
Explanation:
According to MUD1 (excerpt from Section 49.215(a) of the Texas Water Code below),
the town must grant authority for all properties outside the MUD1 district boundaries for
the MUD1 to provide water/wastewater services. There are 3 properties that are neither
located within the PID or the MUD1district boundaries. This resolution would grant that
authority for all three of those properties.
Section 49.215(a) Water Code: A district may purchase, construct, acquire, own,
operate, repair, improve, or extend all works, improvements, facilities, plants,
equipment, and appliances necessary to provide any services or facilities authorized to
be provided by the district to areas contiguous to or in the vicinity of the district provided
the district does not duplicate a service or facility of another public entity. A district
providing potable water and sewer utility services to household users shall not provide
services or facilities to serve areas outside the district that are also within the corporate
limits of a city without securing a resolution or ordinance of the city granting consent for
the district to serve the area within the city.
Attachments:
Resolution 2013-08
Town Council Goals:
Goal #5: Financial and Operational Stewardship
Hire, develop, and retain quality staff
Implement strong financial management standards
Improve effectiveness and efficiency of operational processes
Maintain / Improve infrastructure and assets
Provide cost-effective services
Deliver responsible customer service
Recommendation:
Town Staff recommends Town Council approve Resolution 2013-08, as presented.
TOWN OF TROPHY CLUB
RESOLUTION NO. 2013-08
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB TEXAS GRANTING CONSENT TO TROPHY CLUB
MUNICIPAL UTILITY DISTRICT NO. 1 TO PROVIDE RETAIL WATER
AND WASTEWATER SERVICES TO THREE (3) SEPARATE
PROPERTIES LOCATED WITHIN THE TOWN, BUT OUTSIDE THE
MUNICIPAL UTILITY DISTRICT NO. 1 BOUNDARY AND THE PID
BOUNDARIES, AS MORE SPECIFICALLY DESCRIBED IN EXHIBIT
“A”, ATTACHED HERETO; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 49.215(a) of the Texas Water Code provides that a water
district that provides potable water and sewer utility services to household users shall
not provide services or facilities to serve areas outside the district that are also within
the corporate limits of a city without securing a resolution or ordinance of the city
granting consent for the district to serve the area within the city; and
WHEREAS, Trophy Club Municipal Utility District No. 1 (the “District”) has
received a request from a property owner(s) that it provide retail water and wastewater
services to that certain real property located in the Village Center, Planned
Development No. 27, known as Lot 1, Block 1 of Trophy Club Drive Church Addition,
being approximately 6.3702 acres; Tract 1, of the J. Henry Survey, A0529A, consisting
of approximately 2.532 acres; and Tract 2, of the J. Henry Survey A0529A, consisting of
approximately 4.5161 acres as more particularly described in Exhibit “A” attached
hereto and incorporated herein (the “Property”), which Property is located outside the
boundaries of the District and within the corporate limits of the Town of the Trophy Club,
Texas (the “Town”); and
WHEREAS, the Town desires to grant its consent to the provision of retail water
and wastewater services by the District to customers within the Property.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the Town of Trophy Club, Texas hereby consents to the
provision of retail water and wastewater services by Trophy Club Municipal Utility
District No. 1 to and within that certain real Property more particularly described in
Exhibit “A” attached hereto.
Section 2. That this Resolution shall become effective from and after its date
of passage in accordance with law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this 6th day of May, 2013.
Town of Trophy Club
___________________________
Connie White, Mayor
Attest:
________________________
Amy M. Piukana, TRMC
Town Secretary
Approved as to Form:
Patricia A. Adams, Town Attorney
Exhibit “A”
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-270-T Name:
Status:Type:Agenda Item Draft
File created:In control:4/29/2013 Town Council
On agenda:Final action:5/6/2013
Title:Town Manager Slye's update regarding the following; discussion of same.
- Police Department Facility Update
- Feasability and TIF RFQ Update
- Election Update
- Back To Nature Update
- Parks & Recreation Update
Attachments:
Action ByDate Action ResultVer.
Title
Town Manager Slye's update regarding the following; discussion of same.
- Police Department Facility Update
- Feasability and TIF RFQ Update
- Election Update
- Back To Nature Update
- Parks & Recreation Update
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-271-T Name:
Status:Type:Agenda Item Draft
File created:In control:4/29/2013 Town Council
On agenda:Final action:5/6/2013
Title:Mayor and Council Updates regarding training opportunities, educational sessions and regional
meetings; discussion of same.
- National Day of Prayer
- Emergency Management Summit (Congressman Burgess)
Attachments:
Action ByDate Action ResultVer.
Title
Mayor and Council Updates regarding training opportunities, educational sessions and regional meetings;
discussion of same.
- National Day of Prayer
- Emergency Management Summit (Congressman Burgess)
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-272-T Name:
Status:Type:Agenda Item Draft
File created:In control:4/29/2013 Town Council
On agenda:Final action:5/6/2013
Title:Future Agenda Items
Attachments:FutureAgendaItemList.pdf
Action ByDate Action ResultVer.
Title
Future Agenda Items
Town of Trophy Club Town Council Future Agenda Items List
1. Consider and take appropriate action regarding procurement policies and their
alignment with State statutes. (Rose, 2/1/10)
2. Consider and take appropriate action regarding noise regulations for Oil and Gas
Well Drilling and Production (Rose, 4/26/10)
3. Consider and take appropriate action regarding the creation of a “Going Green”
initiative throughout the Town. (White, 2/24/2011)
4. Consider and take appropriate action regarding updates to the Sign Ordinance
(retail windows and political signs) (White and Cantrell, 5/2/2011)
5. Consider and take appropriate action regarding ball park signage. (Cantrell,
6/6/2011)
6. Consider and take appropriate action regarding Food Prep Carts for sporting
events and special events and to review/update Park Policies (Cantrell, 5/7/2012)
7. Review of #10 of Chapter 8 “Nuisances”, Article I “Noise Nuisances”, Section 1.01
“Nuisances Defined” (Schroeder, 6/21/2012)
8. Consider and take appropriate action regarding the creation of a Youth Council
within Trophy Club (White and Schroeder, 8/20/2012)
9. Consider and take appropriate action regarding reviewing the Ethics Ordinance
(White, 1/21/2013)
10. Residential Property Renewal for tax incentives and grants for the recovery and
renewal of existing residential properties (Mayer 4/22/13)
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-273-T Name:
Status:Type:Agenda Item Draft
File created:In control:4/29/2013 Town Council
On agenda:Final action:5/6/2013
Title:Pursuant to Texas Government Code, Annotated, subchapter 551, Council will convene into closed
executive session as authorized by:
(A) Section 551.071(2) "Consultation with Attorney" for consultation with its attorney on a matter in
which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act.
(1) Water and wastewater services; terms of interlocal agreement regarding lease and
conveyance of utility system assets and provision of retail water and wastewater services, approval
and parameters of representation, and related matters.
Attachments:
Action ByDate Action ResultVer.
Title
Pursuant to Texas Government Code, Annotated, subchapter 551, Council will convene into closed
executive session as authorized by:
(A) Section 551.071(2) "Consultation with Attorney" for consultation with its attorney on a matter in which
the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct
of the State Bar of Texas clearly conflict with the Open Meetings Act.
(1) Water and wastewater services; terms of interlocal agreement regarding lease and conveyance
of utility system assets and provision of retail water and wastewater services, approval and parameters of
representation, and related matters.
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-274-T Name:
Status:Type:Agenda Item Draft
File created:In control:4/29/2013 Town Council
On agenda:Final action:5/6/2013
Title:To reconvene into Regular Session and take any action necessary as a result of the Closed Session.
Attachments:
Action ByDate Action ResultVer.
Title
To reconvene into Regular Session and take any action necessary as a result of the Closed Session.