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