2004-043AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AMBULANCE
AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR
AMBULANCE SERVICES; AND DECLARR~G AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That 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 Mayor, or in her absence, the Mayor
Pro Tem, is hereby authorized to execute this Agreement on behalf of the City.
SECTION 2. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND AP?ROVED this the /r~.~ dayof J~ ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPR( ~VED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
INTER.LOCAL COOPERATION AGRRF. MENT
AMBULANCE SERVICE
by and between Denton County, a political subdivision of the State of Texas, hereinal'ter referred
to as "COUNTY" and the City of Denton, a municipality, 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 connty government and related services for the benefit of the
citizens of Denton County; and
WHEREAS, AGENCY is a municipality, 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 the district; and
WHEREAS, this Contract involves governmental functions that each party individually
can perform; and
WHEREAS, the amount paid by County for this service is to be made from current
revenues available to it and that mount fairly compensates Agency for the services and
functions performed by it; and
WI-I~REAS, 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 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
CONTRACT 2003-04 1
WHEREAS, the provision of emergency ambulance and related services is a
governmental fimction that serves the public health and welfare and is of mutual concern to both
COUNTY and AGENCY; 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,
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, 2003 to and through
September 30, 2004.
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;
FIRE CONTRACT 2003-04 2
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
municipality, 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 the district in circumstances of emergency but which
services will now be extended to all citizens of COUNTY residing in the unincorporated areas of
COUNTY within the operating ten-itory 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.
PERFORMANCE OF SERVICES
AGENCY shall devote sufficient time and attention to insure the performance of all
duties and obligations of AGENCY under this Agreement and shall provide immediate and
FIRE CONTRACT 2003-04
3
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.
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 $249,671.01 based on a
fund'mg formula as follows:
1. A fixed readiness sum based on population based on .5110 per capita of
$55,778.79.
2. The sum of $351.12 per ambulance nm for an estimated maximum amount Of
$96,558.99. This sum is based upon the number of runs made by AGENCY
in fiscal year 2003.
3. A fixed sum based on 214.83 rural m/les in the agreed operating territory of
$97,333.22.
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,
FIRE CONTRACT 20O3-04 4
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 overcompensafion. 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, relevant to this contract~ available for
audit and/or review by COUNTY upon request by COUNTY.
IX.
RESPONSIBILITY OF COUNTY
FIRE CONTRACT 2OO3-04 5
COUNTY 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 shall be responsible for the acts and negligence of all officers, employees and
agents of AGENCY engaged in the performance of this Agreement.
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
often (10) days at~er 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.
XII.
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
imm~mity 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.
I*IRE CONTRACT 2003-04 6
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.
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 behalf of AGENCY and COUNTY.
By the signature of its duly authorized official hereto, the COUNTY assures the
AGENCY that the County Auditor has certified that sufficient funds are available within the
current County budget to make all payments and meet all the financial obligations of this
Contract and these funds are available to pay the obligation when due in accordance with Section
111.093(c) of the Local Government Code V.T.CA
EXECUTED in duplicate originals, this the /7f:fWay of ~ .j~r 2004.
COUNTY:
AGENCY:
By:
City of Denton
215 E. McKinney
Denton, Texas 76201 A
By: C:t(/#-~ elL
Euline Brac
Mayor
Denton County, Texas
II 0 West Hickory
Denton, Tex 7
Mary Horn
Denton County J dge
FIRE CONTRACT 2003-ll4
7
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Acting on behalf of and by ~"'t~'U.~o~..?!. ;//(1111,;
the authority of Denton ~l<'.,. ",.,1t./~
!::<C(-... '..O~
Commissioners Court oJ,! !ii l . ~ 'it S
Denton County, Texas. a 52 g 5 g S
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By~:j:
De on County Clerk
Cynthia Mitchell
FIRE CONTRACT 2003-ll4
Acting on behalf of and by the
authority ofthe City of Denton
ATTEST:
BY: ()1J(lI1; lw ~)lUh).AJ
~ters
City Secretary
APPROVED AS TO FORM:
BY:
~ 11d-::
Herbert L. Prouty
City Attorney
f--
8
EXHIBIT "A"