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2015-036s:\legal\our documents\ordinances\15\ambulance agreement county.docx oxDnvaNCE No. 2015-036 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN 1NTERLOCAL 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 "'�° � �., � 2015. ._... �'� ��,.�,, � � � ��°�� ,��, � � � �.�� 0 ( ��°�� '�""v�A'TTS��MA��R �._�.. rv.. ATTEST: JENNIFER WALTERS, CITY SECRETARY : APPRO��:'�"�� AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY .�,��. �� "�� . � • ,�� .�� "�" �'� �w w � � � ..�.�. � d THE COUNTY OF DENTON § § CITY OF DENTON § AMBULANCE SERVICES STATE OF TEXAS § . INTERLOCAL COOPERATION AGREEMENT AMBULANCE SERVICE THIS AGREEMENT, which has an effective date of October 1, 2014, is made and entered into by and between Denton County a political subdivision of the State of Texas, hereinafter referred to as "the COUNTY," and the City of Denton, a municipal corporation, located in Denton County, Texas, hereinafter referred to as "the AGENCY". WHEREAS, the 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, 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 COUNTY 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 mutual 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 WHEREAS, the COUNTY 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 2014-2015 lnterlocal Cooperation Agreement-Ambulance Services/Denton - Page 1 of 7 NOW THEREFORE, the COUNTY 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, 2014, and ending on September 30, 2015. 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 rec�uesting 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 immediate 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 COUNTY, 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 all citizens of the COUNTY residing in 2014-2015 Interlocal Cooperation Agreement-Ambulance Services/Den(on - Page 2 of 7 the unincorporated areas of the COUNTY 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 "Exhibit A," attached hereto and incorporated herein by reference. It is recognized that the officers and employees of the AGENCY have the duty ancl responsibility of rendering ambulance services to citizens of the AGENCY and the COUNTY. 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 determine priorities in the dispatching and use of such equipment and personnel and the judgment of the officer or employee shall be final. The COUNTY shall designate the County Judge to act on behalf of the COUNTY 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 COUNTY under this Agreement and shall provide for the immediate and direct supervision of employees, agents, contractors, sub-contractors and/or laborers of the COUNTY 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 COUNTY. V. COMPENSATION COUNTY agrees to pay to the AGENCY an estimated fee of $113,577.00 (amount rounded to the nearest dollar) based on a funding formula as follows: 1. A fixed sum based on a population percentage .5046 per capita; said sum computes to $59,857.35. 2. A fixed sum of $248.9627 per ambulance transport for an estimated maximum amount of $40,829.88. Said sum is based upon 164 transports made by the AGENCY in fiscal year 2014. 3. A fixed sum based on 18.74 rural miles in the agreed operating territory; said sum computes to $12,889.95. 2Q14-2d15 Interiocal �ooperataorz Agreeinent-P�mbulance ServiceslDenton - d�age 3 of 7 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 COUNTY. 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 fully 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 COUNTY, upon request by the COUNTY. V II. RESPONSIBILITY OF THE COUNTY The COUNTY, to the extent permitted by law, shall be responsible for the acts, omissions and negligence of all officers, employees and agents of the COUNTY who are engaged in the performance of this Agreement. VIII. RESPONSIBILITY OF THE AGENCY The AGENCY, to the extent permitted by law, shall 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 COUNTY and the AGENCY understand and agree that liability under this contract is governed by Texas Government Code, Chapter 79 ] and Texas Health and Safety Code, Section 774.003. This Agreement is made in contemplation of the applicability of these laws to 2014-2015 Interlacal Caoperation Agreetnent-Arnbirlance Serv�ces/Denton - Page 4 of 7 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 all 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 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. GOVERNMENTAL IMMUNITY The fact that the COUNTY 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 governmental 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 immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. 2014-2015 7nterfocal Caoperation AgreemenY-Atnbulance Services(Denton _ 4'age 5 oF7 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 or 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 this Agreement shall lie in Denton County, Texas. XV. SEVERABILITY 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 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 Cor.�� Texas 110 West ��I u� �� t�°��1�, 2"a Floo-r Denton, T ;° • y�'"��1 BY ,.�.. ..� � ��w...,_ �� -..�.� ...��. Mary Horn Denton ��r��R :Nudge AGENCY: City of Denton 332 E. Hickory St. Denton, Texas 76201 �� ,�° � � �� By ..�� °� .�� Name `��.�",��_ .._�W�'� .� ��:��.— Title _ ��"�"....�°'_��'��_�I ��..� .... ...... 2014-2015 Interlocal Cooperation Agreement-Ambulance Services/Denton - Page 6 of 7 Actin� on behalf of and by the authority of Denton County Commissioners Court of Denton County, Texas. Acting on behalf of and by the authority of the City of Denton DATED _ . . , m� _ �. . w - ..., <,<, DATED ��"��`r � �,�„ %�"��:.... . �!. � 1111 C �, ATTEST: ��' � �;� �.TTEST: u�^�` �� ?n. �� r � ,� �� , � � � ��r �, ;' � � � � � � � � � ��'� �.� B�»„-- � ._ .. . •, � � � r�� , ��-� 11��,'�ll�'�.. m _., . I�c��t� � �7�& �1�r1� r� �'� ..�' �, ��,� � , -� , � ,.'�. � APPROVED AS �"� .`'��"�I°�"�� : � � � �� "� � :;�� BY. �� °� , �� s�Ccrrr ��ca��ra� ��`wr�c� ��ax•�l �...�__ � �m�.�„,� APPROVED AS TO FORM: APPROVED AS TO FORM: y , BY: ..�._.. ��.„��"� �. �� '.�:�.� B � ,� � � �t{ aa� Dist �m __._. � ...._. �'� �, ��.mm _ .....— ,�ict Attorn.e..�_ . �� , �. y �� . y �� i�� t1�aa°�� ., ��.��`T"��1�.�5 ��'��1G+�[:�",��`I� , �� I hereby certify that funds are available in the �� of �_„ �,�,� ��.,.,...... �,� to aceomplish and pay the obligation of Denton County �� t��i� �,.�,��,�,��i�a� J��.�� Auditor 2014-2015 Interlocal Cooperation Agreemcnt-Ambulance Serviccs/Denton - PAge 7 of 7 1'.. ry y �r;' " I� ,� �. ;:::..�...:...�.,�� (''i, .u°. � ,w � .-� I � � �� /. � C° �'„p �'MM �X�� ,�� ,� ,� � �,�, .�;� r"� ��s,� I`' n �� a �, ,;"��.� ;. w. ,,�, a —�:— � r . ' µ.� �n � a�