2009-003
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ORDINANCE NO. -
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER 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. 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 City Manager, or his designee, is
hereby authorized to execute this 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 2009.
MARK A. B UG MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: l
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: G%~
THE COUNTY OF DENTON §
§ CITY OF DENTON
§ AMBULANCE SERVICES
STATE OF TEXAS §
INTERLOCAL COOPERATION AGREEMENT
AMBULANCE SERVICE
THIS AGREEMENT is made and entered into this day of 200 ,
by and between Denton County a political subdivision of the State of Texas, hereinafter referred
to as "COUNTY", and the City of Denton, a municipal corporation, 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 municipal corporation, duly organized and operating under
the laws of the State of Texas and engaged in the provision of ambulance service and related
services for the benefit of the citizens of City of Denton; and
WHEREAS, 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, COUNTY desires to obtain emergency ambulance and related services for
the benefit of residents of COUNTY living in unincorporated areas of COUNTY which
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
COUNTY and AGENCY; and
WHEREAS, COUNTY desires to expend County funds to defray the expense of
establishing, operating, and maintaining the emergency ambulance service in the County; and
WHEREAS, COUNTY and AGENCY mutually desire to be subject to and contract
pursuant to the provisions of Government Code, Chapter 791, the Interlocal Cooperation Act,
and Section 774.003, Health and Safety Code,
2008-2009 Inter local Cooperation Agreement-Ambulance Services/Denton - Page I of 7
NOW THEREFORE, COUNTY and 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 of October 1, 2008 to and through
September 30, 2009.
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:
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 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 AGENCY to the closest medical
facility;
B. "Rural area" means any area within the boundaries of COUNTY but outside the
corporate limits of all incorporated cities, towns and villages within COUNTY.
C. "Urban area" means any area within the corporate limits of an incorporated city,
town or village within COUNTY.
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 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 are the ambulance services normally
rendered by AGENCY to citizens of City of Denton in circumstances of emergency but which
services will now be extended to all citizens of COUNTY residing in the unincorporated areas of
2008-2009 Interlocal Cooperation Agreement-Ambulance Services/Denton - Page 2 of 7
COUNTY within the operating territory or jurisdiction of AGENCY as agreed to by AGENCY
and COUNTY in this Agreement and as set forth in Exhibit A, attached hereto and incorporated
by reference.
It is recognized that the officers and employees of AGENCY have the duty and
responsibility of rendering ambulance services to citizens of AGENCY and COUNTY. In the
performance of these duties and responsibilities, it shall be within the sole responsibility and
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 the officer or employee shall be
final.
IV.
PERFORMANCE OF SERVICES
AGENCY shall devote sufficient time and attention to insure the performance of all
duties and obligations of AGENCY under this and shall provide immediate and direct
supervision of the AGENCY employees, agents, contractors, sub-contractors and/or laborers
engaged in the performance of this Agreement for the mutual benefit of AGENCY and
COUNTY.
V.
LIAISON OFFICER
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 her designated
substitute shall devote sufficient time and attention to insure the performance of all duties and
obligations of COUNTY under this Agreement and shall provide for the immediate and direct
supervision of employees, agents, contractors, sub-contractors and/or laborers of COUNTY
engaged in the performance of this Agreement.
VI.
COMPENSATION
COUNTY agrees to pay to AGENCY an estimated fee of $120,798.92 based on a
funding formula as follows:
1. A fixed sum based on a population percentage .6242 per capita; said sum
computes to $69,257.33.
2. A fixed sum of $296.5328 per ambulance transport for an estimated maximum
amount of $37,066.61. Said sum is based upon 125 transports made by
AGENCY in fiscal year 2008.
2008-2009 Interlocal Cooperation Agreement-Ambulance Services/Denton - Page 3 of 7
3. A fixed sum based on 22.40 rural miles in the agreed operating territory; said sum
computes to $14,474.89.
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,
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 COUNTY. It shall be the responsibility of 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 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.
VII.
TERMINATION
This Agreement may be terminated at any time by either AGENCY or COUNTY giving
sixty (60) days advance notice in writing to the other party. In the event of termination by either
party, AGENCY shall be compensated pro rata for all services performed to termination date,
together with reimbursable expenses authorized by this Agreement then due and owed. Should
AGENCY be overcompensated on a pro rata basis for all services performed to the termination
date and/or be overcompensated for reimbursable expenses, 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.
VIII.
FINANCIAL RECORDS
AGENCY agrees to make its financial records available for audit and/or review by
COUNTY upon request by COUNTY.
2008-2009 Interlocal Cooperation Agreement-Ambulance Services/Denton - Page 4 of 7
IX.
RESPONSIBILITY OF COUNTY
COUNTY, to the extent allowed by law, shall be responsible for the acts and negligence
of all officers, employees and agents of COUNTY engaged in the performance of this
Agreement.
X.
RESPONSIBILITY OF AGENCY
AGENCY, to the extent allowed by law, shall be responsible for the acts and negligence
of all officers, employees and agents of AGENCY engaged in the performance of this
Agreement.
XI.
DEFAULT
In the event of any default in 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 in writing to the defaulting party of such default and the intention to
declare this Agreement terminated. Unless the default is cured, this Agreement shall terminate.
X11.
GOVERNMENTAL IMMUNITY
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 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 arising from the exercise of governmental
powers and functions.
XIV.
ENTIRE AGREEMENT
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.
2008-2009 Interlocal Cooperation Agreement-Ambulance Services/Denton - Page 5 of 7
XV.
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 of any dispute or
matter arising under this Agreement shall lie in Denton County.
XVI.
SEVERABILITY
In the event that any portion of this Agreement shall be found to be contrary to law, it is
the intent AGENCY and COUNTY that the remaining portions shall remain valid and in full
force and effect to the extent possible.
XVII.
AUTHORITY
The undersigned officer and/or agents of are the properly authorized officials and have
the necessary authority to execute this Agreement on beh if of AGENCY and COUNTY.
EXECUTED in triplicate originals, this the w day of 200A8
ff I/
COUNTY: AGENCY:
Denton County, Texas City of Denton
110 West Hickory 332 E. Hickory Street
Denton, Te s 201 Denton, Texas 76201
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By: By: OSr
Mary Horn Name orr u.f J(
Denton County Vudge ""'rrlii11 Title
L~,o~~cj CO Uq j.Q.,%
Acting on behalf of and by cting on behalf of and by the
the authority of Denton Coin: thority of the City of Denton
Commissioners Court of DelftM,.Tex- = -
o
ATTEST: p) PPROVED AST ONTENT:
BY: ~~~~i BY
Ala
Denton County Jerk Denton County Fire Marshal
APPROVE AS ORM:
BY:
sistant District Attorney APPROVED AS TO FORM:
CITY ATTORNEY
CITY OF DENTON, TEXAS
2008-2009 Interlocal Cooperation Agreement-Ambulance Services/Denton - Page 6 of 7
AUDITOR'S CERTIFICATE
I hereby certify that funds are available in the I amount of to
accomplish and pay the obligation of Denton Coun y u er this contract.
H 1,k"
Ja es ells, Denton County Audito
2008-2009 Interlocal Cooperation Agreement-Ambulance Services/Denton - Page 7 of 7
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Denton County
Commissioners Court
Jan A 2009
Date
Court Order Number
The Order:
Approval of the Ambulance Service Agreements between Denton County, Texas and (1) the City of
Denton. (2) the City of Lewisville and (3 the City of Roanoke, as recommended by the Director of
Emergency Services, and any appropriate action
Motion by Seconded b
County Judge Yes
Mary Horn Abstain
No
Absent
Commissioner Pct No 1 Yes f Commissioner Pct No 2 Yes
Hugh Coleman Abstain Ron Marchant Abstain
No No
Absent Absent
Commissioner Pct No 3 Yes Commissioner Pct No 4 Yes
Bobbie J. Mitchell Abstain Andy Eads Abstain
No No
Absent Absent
Motion Carried
Other Action: Pulled from Consent No Action Postponed
BY ORDER OF THE COMMISSIONERS COURT: ATTEST:
Cynthia Mitchell, County Clerk
and Ex-Officio Clerk of the
residing Officer Commissioners Court of
IDenton County, Texas
APPROVED O FORM:
Y:
ZSeputy Coun er
As distant District Attorney : C:)
0 . : Z z
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Jan 22, 2009 1:36 PM Denton County p. 336 of 510