HomeMy WebLinkAboutR90-0212906L
RESOLUTION NO. ~
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE SERVICE; AND
PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City Council of the City of Denton, here-
by 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 au-
thorized to execute sa~d agreement on behalf of the City.
SECTION II. That this resolution shall become efkectlve
mediately upon its passage and approv~al).
PASSED AND APPROVED this the /~day'~ of ~, 1990.
BOB CASTLEBERRY, MAY~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM'
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
ORIGINAL
THE STATE OF TEXAS )(
COUNTY OF DENTON )(
INTERLOCAL COOPERATION AGREEMENT FOR AMBULANCE SERVICE
THIS AGREEMENT Is made and entered by and between Denton County, a pohtlcal
subdivision of the State of Texas, hereinafter referred to as "COUNTY", and the Clt~'
of Benton ,, a~home rule municipal corporation located in Denton County, Texas,
hereinafter referred to as "CITY".
WHEREAS, COUNTY is a duly organmed political subdivision of the State of
Texas engaged m the admlmstratlon of County Government and related services for the
benefit of the citizens of Denton County, and
WHEREAS, CITY is a municipal corporation, duly organized and operating under
the laws of the State of Texas and is engaged m the provision of ambulance service
and related services for the benefit of the c~tlzens of the City of Denton, and
WHEREAS, CITY is an owner and operator of certain ambulance vehicles and
other~ equipment designed for the transportation of persons who are s~ck, infirm, or
n]ured, and has in its employ trained personnel whose duties are related to the use of
such vehicles and eqmpment, 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), the Interlocal Cooperation Act and other
apphcable statutes 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, 1989.
The initial term of this agreement shall be for the period of October 1, 1989 to
and through September 30, 1990. Thereafter, this agreement shall be renewed for
successive additional one year terms commencing on October 1st of each year if the
COUNTY and CITY agree in writing on or before the first day of September, to the
amount of consldeeratlon 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 circumstance that calls for immediate action and
In which the element of time m transporting the sick, wounded or ,n]ured for medical
treatment is essential to health or life of a person or persons. Whether the
aforementioned circumstances in fact exist, is solely up to the discretion of the "CITY".
For dispatch purposes only, "emergency" shall Include, but not limited to
1. 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 a place of treatment and emergency medical treatment is thereafter administered,
2)
2, The representation by a person requesting ambulance servlee 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 C,OUNTY.
C. "Urban area" means any area within the corporate hmlts of an incorporated
city, town or village within said COUNTY.
D. "Emergency ambulance eall" means a response to a request for ambulance
service by the personnel of CITY in a situation involving an emergency (as such word
is herelnabove 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.
A. Serviees to be referred hereunder by CITY are ambu{anee serv,ees normally
rendered by CITY, under circumstances of emergeney as heremabove defined, to eltlzens
of COUNTY.
B. The City of Dentons Fire Department shall respond to requests for ambulance
servlees made within designated rural areas of COUNTY.
C. It is recognized that the officers and employees of CITY have duties and
responsibilities which include the rendition of ambulance services, and it shall be the
responsibility and within the sole dlserehon of the officers and employees of CITY to
determine priorities in the dispatching and use of such equipment and personnel, and
the judgment of any such ofheer or employee as to any such matter shall be In all
things final.
3)
The COUNTY shall designate the County Judge to act on behalf of COUNTY and
to serve as the "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 eomphanee with the terms and eondit~ons
of this agreement, and, shall provide immediate and direct supervision of COUNTY'S
employees, agent, eontraetors, sub-contractors, and or laborers, ~f any, in the furtherance
of the purposes, terms and conditions of thru agreement for the mutual benefit of
COUNTY and CITY.
CITY shall insure the performance of all duties and obligations of CITY as herein
stated, and, shall devote sufficient time and attention to the execution of said duties
on behalf of CITY in full eomphanee with the terms and eond~tions of this agreement,
and, shall provide immediate and direct superv~sion of the CITY employees, agents,
contractors, sub-contractors, and/or laborers, ~f any, in the furtherance of the purposes,
terms and ebnc~tlons of th~s agreement for the mutual benefit of CITY and COUNTY.
VII.
For the Services heremabove stated, COUNTY agrees to pay to CITY for the
full performance of this agreement, the sum of TWO HUNDI/EO SIXTY SIX THOUSAND
FOUR HUNDRED THIRTEEN AND NO/100 ($266,413.00) DOLLARS to be paid in equal
quarterly payments of SIXTY SIX THOUSAND SIX tiUNDRED THREE AND 25/100
66,603.25) DOLLARS eommenelng on October 1, 1989 The remaining payments shall
be made respectively on or before January 1, 1990, April 1, 1990 and July 1, 1990.
4)
e VIII.
COUNTY agrees to and accepts full responsibility for the acts, neghgenee, and/or
omissions of all COUNTY'S officers, employees, and agents.
IX.
In the event of any default in any of the covenants herein contained, this
agreement may be forfeited and terminated at e,ther party's discretion if such defautt
continues for a period of ten (10) days after notice to the other party in writing of
such default and 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
X.
This agreement may be terminated at any time, by either party giving sixty (60)
days advance notice to the other party. In the event of such termination by either
party, CITY shall be oompensated pro rata for all services performed to termination
date, together with reimbursable expenses then due and as authorized by thru agreement.
In the event of such termination, should CITY be overcompensated on a pro rata basis
for all services performed to termination date, and/or be overcompensated reimbursable
expenses as authorized by this agreement, then COUNTY shall be rmmbursed pro rata
for all such overeompensatlon. Acceptance of such reimbursement shall not constitute
a waiver of any claim that may otherwise arise out of this agreement.
XI.
The fact that COUNTY and CITY accept certain responsibilities relating to
5)
the rendition of ambulance services under this agreement as a part of their responsibility
for providing protection for the public hca{th makes It imperative that the performance
of these vital servlees be recognized as a governmental function and that the doetrine
of governmental immunity shall be, and it is hereby invoked to the extent possible under
the {~aw. Neither CITY nor COUNTY waives or shall be deemed hereby to waive, any
mmunlty or defense that would otherwise be available to it against claims arising from
the exercise of governmental powers and functions.
XII.
This agreement represents the entire and integrated agreement between CITY
and COUNTY and supersedes all prior negotlatlor~s, representations and/or agreements,
either written or oral. This agreement may be amended only by written instrument
signed by both CITY and COUNTY.
XIII.
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.
XIV.
In the event that any[portion of this agreement shall be found to be contrary
to law, it is the intent of th}e parties hereto that the remaining portions shall remain
valid and in full force and effect to the extent possible.
XV.
The undersigned officer and/or agents of the parties hereto are the properly
authorized officials and have the necessary authority to exeeute 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.
6)
Executed in duplicate originals this, the /~' day of
COUNTY OF DENTON
ATTEST
DE JTY~OUNTY CLERK
CITY"
APPROVED AS TO FORM AND CONTENT
Rob' Morris
ATTORNEY FOR DENTON COUNTY
STATE OF TEXAS X
COUNTY OF DENTON ~ fj.J~/_.t/-~'~/2-.~ )(
BEFORE ME,/~he_ ttnde~rslgned authority, on th~s day personally appeared the
Honorable ~, Oe~unty Judge, known to me to be the person whose name
s su~er~bed to the foregoing instrument and acknowledged to me that he executed the
foregoing Interloeal Cooperation Agreement for the purposes and consideration there~n
expressed, m the eapamty stated, and ~ the act and deed of sa~d County.
GIVEN under my hand and seal of office this the ~ day of ~,~ ,~
Notary' Publl~ and for the State of Texas.
Notary'%~nt ed Name)
SEAL
THE STATE OF TEXAS X
COUNTY OF DENTON )(
nEFORE ME, the undersigned authority, on this day personally appeared,
known to me to be the person whose name ~s subscribed to the
t and acknowledged to me that he executed the foregoing Interlocal
ent for the purposes and conslderat~lon there,n_expre~sed, and in
the capacity stated, and as the act and deed of said t~ ._~L/~,.~_ ~ .
GIVEN under my hand and seal of off,ce th,s the ~ of ~,~
No~ Pfibli~-m ~d' for the State of Tex~
Notaw~s P~fited Nhme) '
SEAL