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Home My WebLink About2001-470S \Our OoewnmuW rtliomsm`AIWmEuleMe,9,mnmt wooly tla ORDINANCE NO P014qa AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE 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 1 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 The Mayor, or in her absence, the Mayor Pro Tem, is hereby authorized to execute this Agreement on behalf of the City SECTION 2 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the /01 ' day of p(SLLmm&lt , 2001 ATTEST JENNIFER WALTERS, CITY SECRETARY BY L/W1 IJA APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY / Q� THE STATE OF TEXAS ) COUNTY OF DENTON ) INTERLOCAL COOPERATION AGREEMENT AMBULANCE SERVICE THIS AGREEMENT is made and entered into this iy - day of 2001, by and between Denton County, a political subdivision of the State of Texas, hereinafter referred to as "COUNTY" and the City of Denton, a mumcipality, located in Denton County, Texas, hereinafter referred to as "AGENCY" 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, AGENCY is a municipality, engaged in the provision of ambulance service and related services for the benefit of the citizens of Denton County, and WHEREAS, AGENCY is an 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 its employ such 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 AGENCY, 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 which each governing body is authorized to perform individually and serves the public health and welfare and is of mutual concern to the contracting parties, and WHEREAS, COUNTY and AGENCY mutually desire to be subject to the provisions of V T C A Government Code, Chapter 791, the Interlocal Cooperative Act, V T C A Health and Safety Code, Section 774 003 and other applicable statutes and contracts pursuant thereto, INTERLOCAL COOPERATION AGREEMENT 1 AMBULANCE SERVICES 01-02 NOW, THEREFORE, COUNTY and AGENCY for the mutual consideration hereinafter stated, agree as follows I The effective date of this agreement shall be the 1 st day of October, 2001 II The term of this agreement shall be for the period of October 1, 2001 to and through September 30, 2002 Each party may terminate this agreement by giving the other party written notice of intent to terminate thirty (30) days after receipt of such notice follows III As used herein, the words and phrases hereinafter set forth shall have the meanings as A "Emergency" shall mean any circumstance that calls for immediate action and in which the element of time in transporting the sick, wounded or injured for medical treatment is essential to the health or life of a person or persons Whether the afore -mentioned circumstances in fact exist is solely up to the discretion of the AGENCY For dispatch purposes only, "emergency" shall include, but not be 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, and 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 within said COUNTY, within the corporate limits of an incorporated AGENCY, town or village INTERLOCAL COOPERATION AGREEMENT 2 AMBULANCE SERVICES 01 02 D "Emergency ambulance call" means a response to a request for ambulance service by the personnel of AGENCY in a situation involving an emergency (as such word is heremabove 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 rendered hereunder by AGENCY are ambulance services normally rendered by AGENCY under circumstances of emergency as heremabove defined to citizens of COUNTY B The Ambulance Department shall respond to the requests for ambulance services made within designated area of COUNTY, as set out in Exhibit "A", attached hereto and incorporated by reference C It is recognized that the officers and employees of AGENCY have duties and responsibilities which include the rendering of ambulance services and it shall be the responsibility and within the sole discretion of the officers and employees of AGENCY to determine priorities in the dispatching and use of such equipment and personnel and the judgment of any such officer or employee as to any such matter shall be the final determination V The COUNTY shall designate the County Judge to act on behalf of COUNTY and to serve as "Liaison Officer" between COUNTY and AGENCY The County Judge or his designated substitute shall insure the performance of all duties and obligations of COUNTY herein stated, 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 provide 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 AGENCY VI INTERLOCAL COOPERATION AGREEMENT 3 AMBULANCE SERVICES 01-02 AGENCY shall ensure the performance of all duties and obligations of AGENCY as hereinafter stated, devote sufficient time and attention to the execution of said duties on behalf of AGENCY in full compliance with the terms and conditions of this agreement and shall provide immediate and direct supervision of the AGENCY 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 AGENCY and COUNTY VII For the services hereinabove stated, COUNTY agrees to pay to Provider a fee of $301,881 67 based on a funding formula as follows First, the readiness sum is 5561 per capita based on population, for a maximum of $63,427 47 Second, a sum of $385 80 per ambulance run, for a maximum of $121,913 58 This sum is based upon the number of runs made by Provider to fiscal year 2001 Third, a fixed sum based on size of covered rural area, for a maximum of $116,54062 The first and third sums are based upon population and mileage figures obtained from the North Central Texas Council of Governments The second sum is based upon the definition of an ambulance call for purposes of this agreement An ambulance call is defined as treatment and transport of a patient to a medical facility Payment shall not be allowed for instances in which a patient is not transported Consistent with the reporting procedures described below, the Provider transporting the patient shall receive payment, regardless of the service delivery area in which the call originated Requests for payment shall be submitted on the standardized ambulance transportation reporting form approved and provided by the COUNTY, accompanied by copies of patient admission/registration forms as provided by a hospital or medical facility It shall be the responsibility of the Provider to fully complete the forms and to provide complete and accurate patient information Requests for payment shall be submitted timely, that is, within five (5) days of the performance of service by the Provider Requests not timely submitted shall not be considered for payment Requests for payment may be submitted by personal delivery, U S INTERLOCAL COOPERATION AGREEMENT 4 AMBULANCE SERVICES 01.02 mail, facsimile, or computer telephone link to the office of the Denton County Fire Marshal The date of submission shall be the date the fully documented request is received in said office The payments by COUNTY shall be made from current revenues available to the COUNTY and are in an amount that fairly compensates the AGENCY for the services provided VIII COUNTY agrees to and accepts full responsibility for the acts, negligence and/or omissions of all COUNTY's officers, employees and agents IX AGENCY agrees to and accepts full responsibility for the acts, negligence and/or omissions of all AGENCY's officers, employees and agents KI In the event of any default in any of the covenants herein contained, this agreement may be forfeited and terminated at either party's discretion if such default 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 as aforesaid, this agreement shall terminate as if that were the day originally fixed herein for the expiration of the agreement ►, 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, AGENCY 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 AGENCY be overcompensated on a pro rate basis for all services performed to termination date and/or be overcompensated reimbursable expenses as authorized by this agreement, then COUNTY shall be reimbursed pro rata for all such overcompensation Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this agreement XII INTERLOCAL COOPERATION AGREEMENT 5 AMBULANCE $ERVICES 01 02 The fact that COUNTY and AGENCY accept certain responsibilities relating to the rendering 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 AGENCY nor COUNTY waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims ansmg from the exercise of governmental powers and functions M. 61 This agreement represents the entire and integrated agreement between AGENCY 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 parties 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 extended said authority have been duly passed and are now in full force and effect INTERLOCAL COOPERATION AGREEMENT 6 AMBULANCE SERVICES 01 02 EXECUTED in duplicate originals, this the 1e day of 2001 COUNTY Denton County, Texas 110 West Hickory Denton, Texas 76201 By Scott Arme Denton County Judge f-/S -02 Acting on behalf of and by the authority of Denton County Commissioners Court of Denton, Texas ATTEST 0 BY Cynthia Mitchell Denton County Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM go// Attorneyct . INTERLOCAL COOPERATION AGREEMENT AMBULANCE SERVICES 01 02 AGENCY City of Denton 212 W Sycamore Denton, Texas 76201 Name INE Title O. Acting on behalf of and by the authority of the City of Denton ATTEST By ifer alters, City Secretary APPROVED AS TO CONTENT Fire Chief APPROVES AS TO FORM HERBERT L PROUTY, CITY ATTORNEY BY 7 Ul W O Z N O W N 7 � O ® O ay dJ 0 0 0 m Ch 3 z 0004 � A°tSO �/� O /Y�/ CC~ O E O y� �g ur �. Ei y+ •� ,.........,.� K _ _ s c YY