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Res 90-05 Entering into an Emergency Services Agreement with the Town of Trophy ClubRESOLUTION NO. WHEREAS, the Board of Aldermen of the Town of Westlake believe that it is appropriate to enter into an Emergency Services Agreement with the Town of Trophy Club; and WHEREAS, Trophy Club is willing and capable of providing said services to the service area of the Town of Westlake; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, THAT: The Emergency Services Agreement with the Town of Trophy Club, attached hereto as Exhibit "A", is hereby approved and the Mayor of the Town of Westlake is authorized to execute the same on behalf of the Town. PASSED ADOPTED AND APPROVED on this 9th day of August, 1990. TOWN OF WESTLAKE, TEXAS BY: ATTEST: Gerry White, Town Secretary APPROVED AS TO LEGAL FORM: Paul C. Isham, Town Attorney c:\westtake\12d Dale L. White, Mayor STATE OF TEXAS § EMERGENCY SERVICES AGREEMENT - WESTLAKE 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 the Texas Interlocal Cooperation Act, art. 4432c, Tex. Rev. Civ. Stat. Ann. (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 July, 1990. II. The term of this Agreement shall be from July 1, 1990 through June 30, 1993. 0353] III. Trophy Club shall provide to the residents of the Westlake service area, which area is outlined on the map attached hereto as Exhibit "A" and incorporated herein (the "Service Area") emergency ambulance service in accordance with the following: A. "Emergency" as used in this Agreement shall mean any circumstance that calls for immediate action, including the transportation of a person to a medical facility, and in which the element of time seriously threatens the health or life of a person. B. "Emergency ambulance service" means a response to a request for ambulance service in which normal ambulance services are provided. C. Notwithstanding any other provision of this Agreement, an emergency within the corporate limits of the Town shall have priority over an emergency within the Service Area. IV. 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 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 applicable law, to indemnify, save and defend Trophy Club, its agents, of Lrs and employees against, and hold Trophy Club, its agent: officers and employees harmless 0353] 2 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 or employees performed pursuant to this Agreement, but excluding gross negligence or any willful or wanton act. V. The fact that Trophy Club and Westlake accept certain responsibilities relating to the rendition of ambulance 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. VI. 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: 0353] 3 - To Trophy Club: To Roanoke: 100 Municipal Drive 1480 Dove Road Trophy Club, Texas 76262 Roanoke, Texas 76262 Telephone: (214)430-1865 Telephone: (817) 430-1267 Attn: Mayor, Town of Trophy Club Attn: Mayor, City of Westlake VII. Trophy Club will attempt to bill all patients directly, pursuant to the Town's ordinances regulating ambulance service rates. For the services provided to persons within Westlake, hereunder, Westlake shall pay to Trophy Club for each bill uncollected after ninety (90) days following the date of the provision of the emergency ambulance service the sum of one Hundred Fifty Dollars ($150.00) for each call for ambulance service within the service area. Trophy Club shall bill Westlake at the expiration of the above referenced ninety (90) day period. Westlake shall pay Trophy Club within thirty (30) days of the receipt of each bill. VIII. This Agreement may be terminated at any time by either party giving at least sixty (60) days advance written notice to the other party. In the event of such termination by either party, Trophy Club shall be compensated for all services performed to the date of termination, together with reimbursable expenses then due, if any. IX. This Agreement represents the entire and integrated agreement between Trophy Club and Westlake and supersedes all prior negotiations, representations and/or agreements, either 0353] 4 - written or oral. This Agreement may be amended only by written instrument signed by both Trophy Club and Westlake. X. 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. XI. If any clause, paragraph, section or portion of this Agreement shall be found to be illegal, unlawful, unconstitu- tional 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. XII. The undersigned officers and/or agents of the parties hereto are the duly authorized officials having the power to execute this Agreement. XIII. The undersigned officer 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. 0353] - 5 - Executed in duplicate original at Denton County, Texas on the day and year first written above. TOWN OF TROPHY CLUB, TEXAS By: Mayor James P. Carter ATTEST: By: Donna Welsh Town Administrator 0353] CITY OF WESTLAKE, TEXAS By: Mayor ATTEST: By: - 6 - City Secretary RESOLUTION NO. �5— �p WHEREAS, the Board of Aldermen of the Town of Westlake believe that it is appropriate to enter into an Emergency Services Agreement with the Town of Trophy Club; and WHEREAS, Trophy Club is willing and capable of providing said services to the service area of the Town of Westlake; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, THAT: The Emergency Services Agreement with the Town of Trophy Club, attached hereto as Exhibit "A", is hereby approved and the Mayor of the Town of Westlake is authorized to execute the same on behalf of the Town. PASSED ADOPTED AND APPROVED on this 9th day of August, 1990. TOWN OF WESTLAKE, TEXAS BY: Date L. White, Mayor ATTEST: Ge y Whiife, Town Secretary APPROVED AS TO LEGAL FORM: Paul C. Isham, Town Attorney c:\Nestlake\120 STATE OF TEXAS § S EMERGENCY SERVICES AGREEMENT - WESTLAKE 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 the Texas Interlocal Cooperation Act, art. 4432c, Tex. Rev. Civ. Stat. Ann. (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 July, 1990. II. The term of this Agreement shall be from July 1, 1990 through June 30, 1993. 0353] III. Trophy Club shall provide to the residents of the Westlake service area, which area is outlined on the map attached hereto as Exhibit "A" and incorporated herein (the "Service Area") emergency ambulance service in accordance with the following: A. "Emergency" as used in this Agreement shall mean any circumstance that calls for immediate action, including the transportation of a person to a medical facility, and in which the element of time seriously threatens the health or life of a person. B. "Emergency ambulance service" means a response to a request for ambulance service in which normal ambulance services are provided. C. Notwithstanding any other provision of this Agreement, an emergency within the corporate limits of the Towne,--P6PP)/ ac 00 shall have priority over an emergency within the Service Area. IV. 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 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 applicable law, to indemnify, save and defend Trophy Club, its agents, officers and employees against, and hold Trophy Club, its agents, officers and employees harmless 0353] 2 - 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 or employees performed pursuant to this Agreement, but excluding gross negligence or any willful or wanton act. V. The fact that Trophy Club and Westlake accept certain responsibilities relating to the rendition of ambulance 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. VI. 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; 0353] 3 _ W",oesT, 4 t,e,r- To Trophy Club: To e: 100 Municipal Drive 1480 Dove Road Trophy Club, Texas 76262 Roanoke, Texas 76262 Telephone: (214)430-1865 Telephone: (817) 430-1267 Attn: Mayor, Town of Trophy Club Attn: Mayor, City of Westlake VII. Trophy Club will attempt to bill all patients directly, pursuant to, and at the rates specified in, the Town's ordinances regulating ambulance service rates. Westlake shall pay and reimburse to Trophy Club the amount of each such bill which remains uncollected ninety (90) days after the date of the provision of the emergency ambulance service to which each such bill relates. Trophy Club shall invoice Westlake at the expiration of the above referenced ninety (90) day period for the amounts owing under this Section VII, and Westlake shall pay Trophy Club within thirty (30) days of the receipt of each such invoice. VIII. This Agreement may be terminated at any time by either party giving at least sixty (60) days advance written notice to the other party. In the event of such termination by either party, Trophy Club shall be compensated for all services performed to the date of termination, together with reimbursable expenses then due, if any. IX. This Agreement represents the entire and integrated agreement between Trophy Club and Westlake and supersedes all prior negotiations, representations and/or agreements, either 0353j - 4 - written or oral. This Agreement may be amended only by written instrument signed by both Trophy Club and Westlake. X. 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. XI. If any clause, paragraph, section or portion of this Agreement shall be found to be illegal, unlawful, unconstitu- tional 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. XII. The undersigned officers and/or agents of the parties hereto are the duly authorized officials having the power to execute this Agreement. XIII. The undersigned officer 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. 0353] 5 Executed in duplicate original at Denton County, Texas on the day and year first written above. TOWN OF TROPHY CLUB, TEXAS CITY OF WESTLAKE, TEXAS "J By: By: Mayor James P. Carter Mayor ATTEST: ATTEST: Y By. By. Donna Welsh Town Administrator C ty Secretary r a353j 6 - TOWN OF TROPHY CLUB 100 Municipal Drive Trophy Club, Texas 762162 Attn:D. WELCH, City Secretary Dear Donna, TROPHY CLUB FIRE DEPARTMENT 100 Municipal Drive Trophy Club, Texas 76262 (817) 491-3520 or (817) 430-1911 Per conversations with Roger UNGER and yourself, in regards to the new ordinance concerning fees for Emergency Ambulance and Paramedic Services, please find listed below the new ambulance rates: Base Rate/BLS $150.00 Cardiac Monitor NC Base Rate/ALS 250.00 Cardiac Pace/Defib/Cardio $40.00 Mileage (per mile) 3.00 Medication itemize Oxygen 25.00 CPR/Assist Ventilation NC Disposable Supplies 20.00 Cervical Collar/Backboard INC IV Therapy 20.00 K.E.D. NC E.O.A./Intubation ''VC OB Kit/Delivery NC Suction NC Traction Splint NC M.A.S.T. Trousers NC Nitros Oxide 25.00 I will continue to monitor these fees in relation to the surrounding communities, and our collections with Cindy KELLY. If you have any questions, please give me a call. Sincerely, TROPHY CLUB FIRE DEPARTMENT and E14ERGENCY MEDICAL SERVICES James Rex NELSON, RN/EMT-P EMS Captain cc:R. UNGER ,C . KELLY TCFDO024.WPS Page - 1