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22-2517ORDrNANCE NO. 22-25 1 7 AN ORD[NANCE OF THE CITY OF DENTON APPROVING AND AUTHORIZING THECITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENTBETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCESERVICES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton (“City”) and Denton County (“County”) desires for ambulance services to be provided to unincorporated areas of Denton County, Texas; and WHEREAS, the City has ambulance personnel and equipment that may be utilized to serve unincorporated areas of Denton County; and WHEREAS, the County will reimburse the City for the ambulance services provided; and WHEREAS, the City Council at the City of Denton approves the Interlocal CooperationAgreement as in the interest of public safety; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. The recitals are hereby incorporated as if set out fully herein. SECTION 2. The City Manager or their designee is hereby authorized to execute the Interlocal Cooperation Agreement for Ambulance Services on behalf of the City, which is attachedhereto as Exhibit A. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by 6rtww %k and seconded by BraryhTn (Ma Nch , the ordinance was passed and approved by the following vote N - a Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1 : Brian Beck, District 2: Jesse Davis, District 3 : \/ V/ V‘ t/ VACANT. District 4: Brandon Chase McGee, At Large Place 5 :,// Chris Watts, At Large Place 6:\/ PASSED AND APPROVED this the a day of .JanulWr , 2023 '/:#///GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY a APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY BY ../ Denton County Clerk Memo rc) :Denton Fire DepartmentATTN: L. Garrison 332 E. HickoryDenton TX, 76201 From: Date: R1Per Vianka Romero Corral March 8, 2023 Agreement Enclosed is one original of the above referenced documents approved by DentonCounty Commissioners Court March 7, 2023. Thank you. Vianka Romero Corral Denton County Clerk 1450 East McKinneyDenton, TX 76209 EXHIBIT “A“ § § § § THE COUNTY OF DENTON CITY OF DENTONAMBULANCE SERVICES STATE OF TEXAS IEIEBLQGALeQQBEBAIIQEAGREEMENIAMEULAWL£EBXI£E THIS AGREEMENT, which has an effective date of October 1, 2022, is made and entered into by and between Denton County, Texas ('\he COUNTY”), and the City of Denton, Texas (“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 enter into an exclusive agreement with the AGENCY to provide efficient emergency ambulance service; 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 2022-2023 Interlocal Cooperation Agreement-Ambulance Services/Denton Page 1 of 7 EXHIBIT “A" 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 NOW THEREFORE, the COUNTY and the AGENCY, in consideration of the mutual promises, covenants, and Agreements stated herein, agree as follows: IIERM The term of this Agreement shall be for the period beginning of October 1, 2022, and ending on September 30, 2023. 112EUNllIQHS 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: 1.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 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 outsidethe corporate limits of all incorporated cities, towns and villages within theCOUNTY. 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 2022-2023 Interlocal Cooperation Agreement-Ambulance Services/Denton Page 2 of 7 111.SEBXICES 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 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 and 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 his designated substitute, shall devote sufficient time and attention to ensure 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. IVPERFORMANCE OF $ ERVICES The AGENCY shall devote sufficient time and attention to ensure 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. 2022-2023 Interlocal Cooperation Agreement-Ambulance Services/Denton Page 3 of 7 V CQNEEH£AIIQX COUNTY agrees to pay to the AGENCY an estimated fee of $118,489.00 (amount rounded to the nearest dollar) based on a funding formula as follows: 1. A fixed sum based on a population percentage .4677 per capita; said sum computesto $65,895.80. 2. 3. A fixed sum of $249.7469 per ambulance transport for an estimated maximum amount of $40,708.74. Said sum is based upon 163 transports made by theAGENCY in fiscal year 2022. A fixed sum based on 15.93 rural miles in the agreed operating territory; said sum computes to $11,884.30. 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. Each emergency transport made 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. A list of emergency transports shall be submitted monthly by the AGENCY. Emergency transport forms not timely submitted shall not be considered for payment. Completed emergency transport forms may be submitted by personal delivery, U.S. Mail, facsimile or email 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. VIUXAECiALBECQRns The AGENCY agrees to make its financial records available for audit and/or review by the COUNTY, upon request by the COUNTY. 2022-2023 Interlocal Cooperation Agreement-Ambulance Services/Denton Page 4 of 7 VIIBEEEQXSIBiLiiEQLiaWQUEii 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. VIIIRE£EQX£IEILll)LQLIHLAGEH£X The AGENCY, to the extent permitted by law, shall be responsible for the acts, omission sand negligence of all officers, employees and agents of the AGENCY who are engaged in the performance of this Agreement. IXAEELICABI,LLAIE The COUNTY and the AGENCY understand and agree that liability under this 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 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. XnEMLL= 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. XIIEBMIEAlIQE 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. 2022-2023 Interlocal Cooperation Agreement-Ambulance Services/Denton Page 5 of 7 Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XII£QXEBWENIALIMMUEIIY 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. XIIIEElIBLAakEWEHI 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. XIVLAEQL£QEIBACI 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. XVSWEBAEILIIX 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.AUIHmllx 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. 2022-2023 Interlocal Cooperation Agreement-Ambulance Services/Denton Page 6 of 7 XVII. SERXI£LAREA Acceptance of this Agreement constitutes approval of the service area set out in attached Exhibit “A”. EXECUTED this day of .20 COUNTY:AGENCY: Denton County, Texas City of Denton 332 E. Hickory St.Denton, Texas 76201 By: ATTEST APPROVED AS TO FORM: By:@'Z-/,=1 Denton County Fire Marshal City Attorney AunlIQKWEBllUCAIE (I hereby certify that funds are available in the amount of $ accomplish and pay the obligation of Denton County under this Agr 1 S, qs7,oo “eernent. 0,2We IM Wt 2022-2023 Interlocal Cooperation Agreement-Ambulance Services/Denton Page 7 of 7 WH +0qFIfIfrI \IP O II tO::aiBIIEaB WENElIteDg till I\Aaa /IPI en qb;b\ I+e i Aal miBr aaiI:g :/4 =_ gBmI Ln;g D)ChBC3LL C/)ELLICr)r\Iaa\I >LL aXagO! ! }li DENTON COUNTY Exhibit A – IMS A/,S Pill itPoint ENIS Cel inaENIS Aubrey ENtS Krunt ENIS Prosper ENIS Justin ENIS 1.crvisville---. EbtS Flol\,er fb––--qb Nlound ENIS Ft)rlWI)rIft E:\IS Carrt)lltonENIXTrtrphyClub ENIS \SouthlttlENIS ; E t : ::: :Lbr IP iVrERSTATE a us HIGHWAY 'A' STATE HIGHWAY A:H+Urbn= FARM HARKET AhDR TFDRouGHFAREg'' ' - CEMETERY RAILROADS ame 5351) Lambert Ccnformal Cor,cTexas Nam Central NAn tPPlnr MINOR ROADS & City PopulationDenton > 100,000 T::tInt:&:£o?-J9T#o inch = 1,6 miles Nwember CD 2022 WiDUARK HAP gn dedartoanty OWE-HAIL 99eoerdancaudyw rrIHI