Loading...
HomeMy WebLinkAbout1987-0621624L AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE SERVICES, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council of the City of Denton hereby approves an agreement between the City of Denton and Denton County for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City SECTION II That this ordinance shall become effective immediately upon its passage and approval ,�.�i PASSED AND APPROVED this the q day of 1987 RAY SaPhENS,f MAYOR CICY DENTON, TEXAS ATTEST JEN Fh LTERS ACT G CIIT SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS fT 1624L THE STATE OF TEXAS 5 COUNTY OF DENTON 5 INTERLOCAL AMBULANCE AGREEMENT This Agreement is made and entered by and between Denton County, a political subdivision of the State of Texas, herein- after referred to as "COUNTY", and the City of Denton, a home rule municipal corporation of Denton County, Texas, hereinafter referred to as "CITY" WHEREAS, COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of County Government and related services for the benefit of the citizens of Denton County, and WHEREAS, CITY is a home rule municipal corporation, duly organized and operating under the laws of the State of Texas and is engaged in the provision of ambulance service and related services for the benefit of the citizens of Denton, and WHEREAS, CITY is the owner and operator of certain ambulance vehicles and other equipment designed for the transportation of persons who are sick, infirm, or injured, and has in it employ trained personnel whose duties are related to the use of such vehicles and equipment, and WHEREAS, COUNTY desires to obtain emergency medical services rendered by CITY, as more fully hereinafter described, for the benefit of the residents of Denton County, Texas, and WHEREAS, the provision of emergency medical services is a governmental function that serves the public health and welfare and is of mutual concern to the contracting parties, and WHEREAS, COUNTY and CITY mutually desire to be subject to the provisions of Tex Rev Civ Stat Art 4413 (32c), (Vernon Supp 1985), the Interlocal Cooperation Act and contract pursuant thereto, NOW, THEREFORE, COUNTY and CITY, for the mutual consideration hereinafter stated, agree as follows I The effective date of this agreement shall be the 1st day of October, 1986 II The initial term of this Agreement shall be for the period of October 1, 1986 to and through September 30, 1987 There- after, this agreement shall be renewed for successive additional one year terms commencing on October 1 of each year if the County and the City agree in writing on or before the first day of October, to the amount of consideration to be paid hereunder for each successive term, provided, however, that each party may terminate this agreement by giving the other party written notice of intent to terminate sixty (60) days after such notice III As used herein, the words and phrases hereinafter set forth shall have the meanings as follows A "Emergency" shall mean any circumstances that calls for immediate action and in which the element of time in trans- porting the sick, wounded or injured for medical treatment is essential to health or life of a person or persons, and shall include, but not be limited to, the following 1 The representation by a person requesting ambulance service that an immediate need exists for such ser- vice for the purpose of transporting a person from any location to a place of treatment and emergency medical treatment is thereafter administered, 2 The representation by a person requesting ambulance service that an immediate need exists for such service for the purpose of transporting a person from any location to the closest medical facility B "Rural area" means any area within the boundaries of Denton County, Texas, and without the corporate limits of all incorporated cities, towns and villages within said COUNTY C "Urban area" means any area of an incorporated city, town or other than the City of Denton within the corporate limits village within said COUNTY D "Emergency ambulance call" means a response to a request for ambulance service by the personnel of CITY'S Fire Department in a situation involving an emergency (as such word is hereinabove defined) through the instrumentality of an ambulance vehicle Within the meaning hereof, a single call might involve the transportation of more than one person at a time IV A Services to be referred hereunder by CITY are ambulance services normally rendered by CITY, under circumstances of emergency as hereinabove defined, to citizens of COUNTY PAGE 2 B The CITY'S Fire Department shall respond to requests for ambulance services made within designated rural areas of COUNTY according to Exhibit A attached hereto u The COUNTY shall designate the County Judge to act on behalf of COUNTY and to serve as "Liaison Officer" between COUNTY and CITY The County Judge or his designated substitute shall insure the performance of all duties and obligations of COUNTY herein stated, and, shall devote sufficient time and attention to the execution of said duties on behalf of COUNTY in full compliance with the terms and conditions of this agreement, and, shall provide immediate and direct supervision of COUNTY'S employees, agents, contractors, sub -contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of COUNTY and CITY VI CITY shall insure the performance of all duties and obliga- tions of CITY as herein stated, and, shall devote sufficient time and attention to the execution of said duties on behalf of CITY in full compliance with the terms and conditions of this agreement, and, shall provide immediate and direct supervision of the CITY employees, agents, contractors, sub -contractors, and/or laborers, if any, 1n the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of CITY and COUNTY VII For the services hereinabove stated, COUNTY agrees to pay to CITY for the full performance of this agreement, the one-time lump sum of Two Hundred Twenty-two Thousand Eight Hundred Thirty-eight and No/100 ($222,838 00) Dollars to be paid in equal quarterly payments of Fifty-five Thousand Seven Hundred and 50/100 ($55,700 50) Dollars commencing on October 1, 1986 The remaining payments shall be made on or before January 1, 1987, April 1, 1987, and July 1, 1987 VIII COUNTY agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all COUNTY'S employees, and agents, COUNTY'S subcontractors, and/or contract laborers, and for those of all other persons doing work under a contract or agreement with said COUNTY PAGE 3 IX CITY agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of CITY'S employees, and agents, CITY'S subcontractors, and/or contract laborers doing work under a contract or agreement with CITY in performance of this agreement with said CITY It is further agreed that if claim or liability shall arise from the joint or concurring negligence of both parties hereto, it shall be borne by them comparatively in accordance with the laws of the State of Texas This paragraph shall not be construed as a waiver by either party of any defenses available to it under the laws of the State of Texas It is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be for the benefit of the parties hereto X In the event of any default in any of the covenants herein contained, this agreement may be forfeited and terminated at CITY'S discretion if such default continues for a period of ten (10) days after CITY notifies COUNTY in writing of such default and its intention to declare this agreement terminated Unless the default is cured aforesaid, this agreement shall terminate and come to an end as if that were the day originally fixed herein for the expiration of the agreement XI This agreement may be terminated at any time, by either party giving sixty (60) day advance written notice to the other party In the event of such termination by either party, CITY shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses then due and as authorized by this agreement In the event of such termination, should CITY be over compensated on a pro rata basis for all services performed to termination date, and/or be over compensated for reimbursable expenses as authorized by this agreement, then COUNTY shall be reimbursed pro rata for all such overcompensation Acceptance of said reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement XII The fact that COUNTY and CITY accept certain responsibilities relating to the rendition of ambulance services under this agree- ment as a part of their responsibility for providing protection PAGE 4 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 CITY nor COUNTY 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 XIII This agreement represents the entire and integrated agreement between CITY and COUNTY and supersedes all prior negotiations, representations and/or agreements, either written or oral This agreement may be amended only by written instrument signed by both CITY and COUNTY XIV This agreement and 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 XV In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible XVI 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 COUN BY Executed in duplicate originals this the 13 day of CITY OF DENTON M.VM iW I y bfiL.. `W 64. PAGE 5 ATTEST ATTEST p APPROVED AS TO LEGAL FORM APPROVED AS TO LEGAL FORM ATTORNEY FOR DENTON COUNTY DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY � BY BY em PAGE 6 ti f x M �-, I � ., Y � �-N..G2� e V"`^" �"' 0�.1-¢2�clJ-rL i .[l' � � _„�L COUNTY AUDITOR DENTON COUNTY DENTON, TEXAS T9201 April 14, 1987 CO City of Denton Jennifer Walters, City Sec 215 E McKinney St Denton, Texas 76202 Dear Ms Walters Enclosed please find three original Interlocal Cooperation Agreements for ambulance service which have been signed by the Denton County Judge and other appropriate parties If everything is in agreement with you, please sign and return two fully executed contracts back to me at Denton County Auditor, P 0 Box 2055, Denton, Texas 76202 If you have any questions, please do not hesitate to call me Sincerely, `-S�Shirley uegeer^fli Admn Asst