2013-002Z:\Ordinances\131ambulance agreement county.docx
ORDINANCE NO. 2013-��2
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION
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. The City Council of the City of Denton hereby approves an Interlocal
Cooperation 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 City Manager, or
his designee, is hereby authorized to execute this Interlocal Cooperation Agreement on behalf of
the City.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the �_ day of �l , 2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPR�VED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
r
BY:
THE COUNTY OF DENTON
STATE OF TEXAS
§
§ CITY OF DENTON
§ AMBULANCE SERVICES
§
INTERLOCAL COOPERATION AGREEMENT
AMBULANCE SERVICE
THIS AGREEMENT, which has an effective date of October 1, 2012, is made and
entered into by and between Denton County a political subdivision of the State of Texas,
hereinafter referred to as "the COiTNTY," and the City of Denton, a municipal corporation,
located in Denton County, Texas, hereinafter referred to as "the AGENCY".
WHEREAS, the COiTNTY 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, the AGENCY is a municipal corporation, duly organized and operating
under the laws of the State of Texas and engaged in the provision of ambulance services and
related services for the benefit of the citizens of the City of Denton; and
WHEREAS, the AGENCY is an owner and operator of certain ambulance vehicles and
other equipment designed for the transportation of persons who are sick, infirmed or injured and
has in its employ trained personnel whose duties are related to the treatment of said individuals
and the use of such vehicles and equipment; and
WHEREAS, the COUNTY desires to obtain emergency ambulance and related services
for the benefit of residents of the COITNTY living in unincorporated areas of the COUNTY
which the AGENCY is capable of providing; and
WHEREAS, the provision of emergency ambulance and related services is a
governmental function that serves the public health and welfare and is of muival concern to both
the COUNTY and the AGENCY; and
WHEREAS, the COUNTY desires to expend County funds to defray the expense of
establishing, operating and maintaining emergency ambulance services in the County; and
ViTI�REAS, the COiTNTY and the AGENCY mutually desire to be subject to and
contract pursuant to the provisions of Texas Government Code, Chapter 791 and Texas Health
and Safety Code, Section 774.003, and
2012-2013 Interlocal Cooperation Agreement-Ambulance Services/Denton - Page 1 of 8
NOW THEREFORE, the COITNTY and the AGENCY, in consideration of the mutual
promises, covenants, and Agreements stated herein, agree as follows:
I.
TERM
The term of this Agreement shall be for the period beginning of October 1, 2012, and
ending on September 30, 2013.
II.
DEFINITIONS
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 in transporting the sick, wounded or injured for
medical treatment is essential to the health or life of a person or persons. Whether
an emergency, in fact, exists is solely up to the discretion of the AGENCY. For
dispatch purposes only, "emergency" shall include, but not be limited to:
The representation by the individual requesting ambulance service that an
immediate need exists for the transportation of a person from any location
within the agreed operating area of the AGENCY to a place where
emergency medical treatment may be obtained; or
2. The representation by the individual requesting ambulance service that an
imrnediate need exists for the transportation of a person from any location
within the agreed operating area of the AGENCY to the closest medical
facility.
B. "Rural area" means any area within the boundaries of the COITNTY, but outside
the corporate limits of all incorporated cities, towns and villages within the
COUNTY.
C. "Urban area" means any area within the corporate limits of an incorporated city,
town or village within the COUNTY.
D. "Emergency ambulance call" means a response to a request for ambulance service
by the personnel of the AGENCY in a situation involving an emergency, as
defined above, by an ambulance vehicle. A single response to a call may involve
the transportation of more than one person at a time, but shall be considered as
only one call.
III.
SERVICES
The services to be rendered under this Agreement by the AGENCY are the ambulance
services normally rendered by the AGENCY to citizens of City of Denton in circumstances of
emergency, but which services will now be extended to a11 citizens of the COiJNTY residing in
2012-2013 Interlocal Cooperation Agreement-Ambulance Services/Denton - Page 2 of 8
the unincorporated areas of the COiTNTY within the operating territory or jurisdiction of the
AGENCY, as agreed to by the AGENCY and the COUNTY in this Agreement and as set forth
in "E�ibit A," attached hereto and incorporated herein by reference.
It is recognized that the officers and employees of the AGENCY have the duty and
responsibility of rendering ambulance services to citizens of the AGENCY and the COiJNTY.
In the performance of these duties and responsibilities, it shall be within the sole responsibility
and discretion of the officers and employees of the AGENCY to deterxnine priorities in the
dispatching and use of such equipment and personnel and the judgment of the officer or
employee shall be final.
The COUNTY sha11 designate the County Judge to act on behalf of the COiTNTY and to
serve as "Liaison Officer" between the COUNTY and the AGENCY. The County Judge, or her
designated substitute, shall devote sufficient time and attention to insure the performance of all
duties and obligations of the COiTNTY under this Agreement and shall provide for the
immediate and direct supervision of employees, agents, contractors, sub-contractors and/or
laborers of the COiJNTY engaged in the performance of this Agreement.
IV.
PERFORMANCE OF SERVICES
The AGENCY shall devote sufficient time and attention to insure the performance of all
duties and obligations of the AGENCY under this Agreement and shall provide immediate and
direct supervision of the AGENCY's employees, agents, contractors, sub-contractors and/or
laborers engaged in the performance of this Agreement for the mutual benefit of the AGENCY
and the COi7NTY.
V.
COMPENSATION
COiJNTY agrees to pay to the AGENCY an estimated fee of $116,187.00 (rounded to
the nearest dollar) based on a funding formula as follows:
1. A fixed sum based on a population percentage .5085 per capita; said sum
computes to $60,318.65.
2. A fixed sum of $240.8809 per ambulance transport for an estimated maximum
amount of $42,154.16. Said sum is based upon 175 transports made by the
AGENCY in fiscal year 2012.
3. A fixed sum based on 20.32 rural miles in the agreed operating territory; said sum
computes to $13,714.33.
2012-2013 Interlocal Cooperafion Agreement-Ambulance Services/Denton - Page 3 of 8
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. Payment shall not be allowed for any instance
in which a patient is not transported. Consistent with the reporting procedures described below,
the AGENCY shall receive payment for transporting the patient 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 COiJNTY. It shall be the responsibility of the
AGENCY to fully complete the forms and to provide complete and accurate patient information.
Requests for payment shall be submitted within five (5) days of the performance of service by
the AGENCY. Requests not timely submitted shall not be considered for payment. Requests
for payment may be submitted by personal delivery, U.S. Mail, facsimile or computer telephone
link to the office of the Denton County Fire Marshal. The date of submission shall be the date
the fu11y documented request is received in said office.
VI.
FINANCIAL RECORDS
The AGENCY. agrees to make its financial records available for audit and/or review by
the COi7NTY, upon request by the COUNTY.
VII.
RESPONSIBILITY OF THE COUNTY
The COUNTY, to the extent permitted by law, sha11 be responsible for the acts,
omissions and negligence of all officers, employees and agents of the COiTNTY who are
engaged in the performance of this Agreement.
VIII.
RESPONSIBILITY OF THE AGENCY
The AGENCY, to the extent permitted by law, sha11 be responsible for the acts,
omissionsand negligence of all officers, employees and agents of the AGENCY who are
engaged in the performance of this Agreement.
IX.
APPLICABLE LAW
The COLTNTY and the AGENCY understand and agree that liability under tlus contract
is governed by Texas Government Code, Chapter 791 and Texas Health and Safety Code,
Section 774.003. This Agreement is made in contemplation of the applicability of these laws to
2012-2013 Interlocal Cooperation Agreement-Ambulance Services/Denton - Page 4 of 8
the Agreement. Insofar as legally possible the COUNTY and the AGENCY agree to be bound
by the above mentioned statutes as they exist as of the date of this Agreement.
X.
DEFAULT
In the event of default of any of the covenants herein contained, this Agreement may be
terminated at the discretion of the non-defaulting party if such default continues for a period of
ten (10) days after notice to the other party in writing of such default and the intent to terminate
this Agreement due to the default. Unless the default is cured, this Agreement shall terminate.
XI.
TERMINATION
This Agreement may be terminated at any time by either the COUNTY or the AGENCY
by giving sixty (60) days advance written notice to the other party. In the event of termination
by either party, the AGENCY shall be compensated pro rata for a11 services performed to
termination date together with reimbursable expenses then due as authorized by this Agreement.
In the event of such termination, should the AGENCY be overcompensated on a pro rata basis
for all services performed to the termination date and/or be overcompensated for reimbursable
expenses, the COiJNTY 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.
GOVERNMENTAL IMMUNITY
The fact that the COiTNTY and the 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 governrnental
immunity shall be, and is hereby, invoked to the extent permitted under the law. Neither the
AGENCY, nor the COUNTY waive, nor shall be deemed to have hereby waived any irrununity
or defense that would otherwise be available to it against claims arising from the exercise of
governrnental powers and functions.
2012-2013 Interlocal Cooperation Agreement-Ambulance Services/Denton - Page 5 of 8
XIII.
ENTIRE AGREEMENT
This Agreement represents the entire Agreement between the COUNTY and the
AGENCY and supersedes all prior negotiations, representations and Agreements, either written
or oral. This Agreement may be amended only by written instrument signed by both parties.
XIV.
LAW OF CONTRACT
This Agreement and any of its terms ox provisions, as well as the rights and duties of the
parties hereto, shall be governed by the laws of the State of Texas. The venue for any dispute, or
matter, arising under tlus Agreement shall lie in Denton County, Texas.
XV.
SEVERABILITY
In the event that any portion of this Agreernent shall be found to be contrary to law, it is
the intent of the parties hereto that the remaining portions of this Agreement shall remain valid
and in full force and effect to the fullest extent possible.
XVI.
AUTHORITY
The undersigned officer or agents of the parties are the properly authorized officials and
have the necessary authority to execute this Agreement on behalf of the Parties.
XVII.
SERVICE AREA
Acceptance of this Agreement constitutes approval of the service area set out in attached
Exhibit "A".
EXECUTED in triplicate originals on the dates set forth below.
COUNTY:
Denton County, Texas
110 West Hickory Street, 2nd Floor
Denton, Te�as �6201 ,
:
Mary Horn
Denton Coun y Judge
AGENCY:
City of Denton
332 E. Hickory St.
Denton, Texas 76201
By �—�
Narne � 0 G4� • i� L
Title
2012-2013 Interlocal Cooperation Agreement-Ambulance Services/Denton - Page 6 of 8
Acting on behalf of and by
the authority of Denton County
Commissioners Court of
Denton County, Texas.
DATED: '�:_1� ' �����iuo�irr ���
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APPROVED AS TO,�CONTEN'�.
:
APPROVED AS TO FORM:—
BY:
Assist s ' Attorney
AUDITOR'S
Acting on behalf of and by the
authority of the City of Denton
DATED: �� `'�rD I,�
ATTEST:
BY:
City cretary
APPROVED AS TO FORM:
�.
I hereby certify that funds are available in the
accomplish and pay the obligation of Denton County
James
City
of $
Auditor
to
2012-2013 Interlocal Cooperation Agreement-Ambulance Services/Denton - Page 7 of 8
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