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2010-010 kXC0DADkDcpanmen1sU.cgan0ur Documcntsl0tdinancesNIMambulaucc agtcement countp.doc ORDINANCE NO. 2010-010 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 2010. It 0? MARK A BU~MOUGHS, MAYOR. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: " 6)0 ~tx APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: THE COUNTY OF DENTON ~ § CITY OF DENTON § AMBULANCE SERVICES STATE GF TE~.AS § INTERLOCAL COOPERATION AGREEMENT AMBULANCE SERVICE THIS AGREEMENT is made and entered by and between Denton County a political subdivision of the State of Texas, hereinafter referred to as "COUNTY", and the City of f ! 1 1 1 li Denton, a mun~c~pal corporation, located ~n Denton County, Texas, hereinafter referred to as "AGENCY," and has an effective date of actober I, X009, WHEREAS, COUNTY is a duly organized political subdivision of the State of Texas i engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and ! 1 r ~ 1 f ~ WHEREAS, AGENCY ~s a mun~c~pal 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 ! 1 1 1 equipment designed far the transpartat~on of persons who are sick, ~nfirmed, or ~n~ured 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 F the benef t of residents of COUNTY living in unincorporated areas of COUNTY which AGENCY is capable of providing; and i WHEREAS, the provision of emergency ambulance and related services is a overnmental function that serves the public health and welfare and is of mutual concern to both g ` COUNTY and AGENCY; and WHEREAS, COUNTY desires to expend County funds to defray the expense of establishin o eratin and maintainin the emergency ambulance service in the County; and g> p g~ g WHEREAS, COUNTY and AGENCY mutually desire to be subject to and contract /1 pursuant to the provxs~ons of Government Code, Chapter 791, the Interlocal Cooperation Act, and Section 7741003, Health and Safety Code, 2009-~Q1Q Interlocal Cooperation Agreement-Ambulance serviceslDentan- Page 1 af7 New THEREFORE, COUNTY and AGENCY, in consideration of the mutual promises, covenants, and Agreements stated herein, agree as follows; TERM The term of this Agreement shall be far the period of Uctober 1, 2009 to and through September 30, 2010, 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 re resentation b the individual requesting ambulance service that an p Y immediate need exists far the transportation of a person from any location within the agreed operating area of AGENCY to the closest medical ~i E 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 an area within the co orate limits of an into orated cit , Y ~ ~ Y , town or village within COUNTY, D, "Emergency ambulance call" means a response to a request far ambulance service b the ersonnel of AGENCY in a situation involvin an emer enc , as defined Y p g g y 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, SER'~ICES 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 209-Z~141nterlocal Cooperation Agreement-Ambulance servieeslDenton ~ Page 2 of 7 COUNTY within the operating territory ar 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 off cers 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, 1V, 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, subcontractors andlor 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 an behalf of COUNTY and to serve as ""Liaison Officer'" between COUNTY and AGENCY, The County Judge or her designated substitute shall devote cuff cient 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, subcontractors andlor laborers of COUNTY engaged in the performance of this Agreement, VI, COMPENSATION ~ COUNTY agrees to pay to AGENCY an estimated fee of $116,022,62 based on a funding formula as follows; 1, A fixed sum based on a population percentage .6009 per capita; said sum cam utes to 66 674.06, ~ p ~ 2, A fixed sum of $257,9365 er ambulance transport far an estimated maximum p amount of $35,337.30, Said sum is based upon 137 transports made by AGENCY in fiscal year 2009, 2409-2014 lnterlocal Cooperation Agreement-Ambulance Service~IDenton - Page 3 of 7 3, A fixed sum based on 21,47 rural miles in the agreed operating territory; said sum computes to $14,D11,26, 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 far purposes of this Ag~~eement, 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 C~]UNTY, 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 far 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, TERMINATIGN This Agreement may be terminated at any time by either AGENCY or CCIUNTY giving sixt 6o da s advance notice in writing to the other party, In the event of termination by either y~ 7 y art AGENCY shall be com ensated ro rata far all services erformed to termination date, p y~ p p p 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 term~nat~on ~ r f date andf 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, r VIII. FINANCIAL RECORDS 4 AGENCY agrees to make its financial records available for audit andlor review by k COUNTY upon request by COUNTY, ~0~9-~01 D Interlocal Cooperation Agreement-Ambulance services{Denton - Page 4 of 7 l~~ RESPONSIBILITY OF COUNTY COUNTY, to the extent allowed bylaw, shall be responsible for the acts and negligence of all officers, employees and agents of CGUNTY engaged in the performance of this Agreement, X, RESPONSIBILITY OF AGENCY AGENCY, to the extent allowed bylaw, shall be responsible for the acts and negligence of all ofd cers, employees and agents of AGENCY engaged in the performance of this Agreement, I3EF`AULT ~n 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, x~~. 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 rovidin rotection for the ublic health makes it imperative that the performance of these vital p gP p 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 andlor Agreements, either written or oral; This Agreement may be amended only by written instrument signed by both parties, 20Q9-2~ 1 ~ Interlocal Cooperation Agreement-Ambulance Se~•viceslQenton - 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 o~ 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, XV~~, AUTHORITY The undersigned officer andlor agents of are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of AGENCY and COUNTY; EXECUTED in triplicate originals on the dates set forth below, COUNTY; AGENCY; Denton County, Texas City of Denton 11o'~est Hi or 33~ E, Hickory Street Denton, T as X201 Denton, Texas 7b2o By. ~y~ Mar Horn Name ~ , ~ ~ y Denton Cou y Judge Title Acting on behalf of and by Acting an behalf of and by the the authorit of Denton County authority of the City of Denton Y Commissioners Court of Denton, Texas DATED; ~ ~ DATED .~q,~,, ~~~~h r . , x fit. ~ y fil,,, S ,;z , ATTES ~ z~ , ` ` ~ ~ ' - APPROVED AS CONTENT: 1 a , i LJ ~ } . ~ ~ r~ ~ i a enton Cou Fire rshal ~ D unty Clerk°~.~ ~ . ~ ~ y r4~~~~ ~ 1`~~~~, °A~y~~ APPROV AS F R1VI;~~~~$~~~~~~~~~~~~~~'y~ BY: A4~~~~~V~.~ AS T~ ~nR~~R n District Attorne CITY ATE*~~N~Y r. A sxsta t Y CITY ~~NT~N T3~AS 2a~9-200 Interlocal Cooperation Agreement~A~nbulance ServiceslDenton - ~ , ~ ~a _ r  o ~ . ~ _ ~ . AUDITOR'S CERTIFICATE I hereby certify that funds are mailable in the amount of $ ~ to accom lish and a the obli anon of Denton Count u Eder this ContractlAgreement, ~ pY ~ Y Jam e s, enton o n editor i i i I 20Q9-20I0 Interlocal Cooperation Agreement-Ambulance ~ervieeslDenton - Page's of 7 z W }r <O xx W ~ s +J ~ 1 ` ~ _ I ~ ~ lrF,f, sc ~ o'I ~ I •4.~ ~ , k~!':r~?#~~~'~,t PJ7~>zi',13~'~ `i~' M € }r.r UiJ 1,3c"•"a' 4R ~ ~1 I i ~ Ipr~Jy{I ` ~ ~ { P~ fi ~ : i~p,' P~r'L~~'~~..~,~x "~;Y+~~^ ~t,f~t~ , ~q~ y ~7~j C ~ {1l f 11 t `"lr ~ ~ ~ ` v r r `•"y \-.-y- \4 zt III A~ t , '~t~ LI y ~ i l 1 ~1 c~..~ l~jF•r.: ~ ~~1 ~ d pl - (},~~a :liil•l'~~ I r~~ S 'j~.l fg~~f~J~w'As rr~~p~r !I, ~ i UiJ i't:J~ Vtd ~ r, ~ 1H`I~I .._LE ` a~ I ~ x ~k y _ ~ - 'E71Vt 9~ rJ~.l`Jm' t I ~ ~,~t 53 , ~ lr'~. ~ ~ ~ EiT'r~7~r~}~Y ~ 7 3~ v I~r~ l ! ~ ~ 1 ~ 1 : Hiyp llil ~l I I _n ~ F ~ t~,h*~`K17 I~~~~z r ~l ~ ix# ~sy~~~~rN%'" 1 r[ El Ir1?'; '[rTTCF'• ~ ~ ti k~1~i;1 r ~ ~ F~~~~,~ ~ ~ ~ a ~ ~ .1 ~E~~ `l~ \ r ""7 ~ ri r"` s 1~n g ~r , s a r a ~ r ~r h~~ I x EA ~ ~ 4J ~'rA r 2 a."5 ~^~h ~ t n~ Y 7 "~Y kYY ~*/`C j - D lCi LJ CJd ~ J P.1~ 1 j • v , J `j~"• •~~r} ~ ,r ry ~r ~3,~~ } a . 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