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2001-470 O IN^NCE NO AN 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 DECLARING 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 Tern, 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 APPROVED th,s the /~--"/~ dayof ~~ ,2001 'EULINE BROCI~IAy~.- ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY THE STATE OF TEXAS ) ) COUNTY OF DENTON ) COOPE ,TION ^O M NT THIS AGREEMENT is made and entered Into this J_~-~day of /~,L , 2001, by and between Denton County, a poht~cal subdivision of the State of Texas, hereinafter referred to as "COUNTY" and the City of Denton, a mumclpahty, located in Denton County, Texas, hereinafter referred to as "AGENCY". WHEREAS, COUNTY is a duly orgamzed 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 mumopallty, engaged in the provision of ambulance service and related services for the benefit of the citizens of Denton County, and WHEREAS, AGENCY is an owner and operator of certain ambulance vehicles and other eqmpment designed for the transportation of persons who are sick, infirm, or injured and has in Its employ such trained personnel whose duties are related to the use of such vehicles and eqmpmen~, and WHEREAS, COUNTY desires to obtmn emergency medical services rendered by AGENCY, as more fully hereinafter described for the benefit of the residents of Denton County, Texas, and WHEREAS, the provision of emergency medical services is a governmental function which each governing body is anthonzed to perform individually and serves the public health and welfare and is of mutual concern to the contracting parties, and WHEREAS, COUNTY and AGENCY mutually desire to be subject to the provisions of V T C A Government Code, Chapter 791, the Interlocal Cooperative Act, V T C A Health and Safety Code, Section 774 003 and other applicable statutes and contracts pursuant thereto, AMBULANCE SERVICES 0 ! .,02 NOW, THEREFORE, COUNTY and AGENCY for the mutual consideration hereinafter stated, agree as follows I The effective date of this agreement shall be the 1st day of October, 2001 II The term of tbas agreement shall be for the period of October 1, 2001 to and through September 30, 2002 Each party may terminate this agreement by giving the other party written notice of intent to terminate thirty (30) days after receipt of such notice III As used hereto, 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 ~njured for medical treatment is essential to the health or life of a person or persons Whether the afore-mentioned circumstances m fact exist 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 a person requesting ambulance service that an ~mmedlate need exists for such service for the purpose of t~ansport~ng a person from any location to a place of treatment and emergency medical treatment ~s thereafter admimstered, and 2 The representation by a person requesting ambulance service that an immediate need exists for such service for the purpose of transporting a person from any location to the closest medical faclhty, B "Rural area" means any area within the boundaries of Denton County, Texas, and w~thout the corporate hmlts of all incorporated cities, towns and villages w~thin said COUNTY C "Urban area" means any area within smd COUNTY, within the corporate limits of an incorporated AGENCY, town or village INTERLOCAL COOPERATION A6REEMENT 2 AMBULANCE SERVICES 0102 D "Emergency ambulance call" means a response to a request for ambulance service by the personnel of AGENCY in a situation revolving an emergency (as such word is herelnabove defined) through the mstmmentahty of an ambulance vehicle Within the meaning hereof, a single call might involve the transportation of more than one person at a time IV A Services to be rendered hereunder by AGENCY are ambulance services normally rendered by AGENCY under circumstances of emergency as herelnabove defined to citizens of COUNTY B The Ambulance Department shall respond to the requests for ambulance services made wltban designated area of COUNTY, as set out in Exhibit "A", attached hereto and incorporated by reference C It is recognized that the officers and employees of AGENCY have duties and responslblhtles wluch include the rendenng of ambulance services and it shall be the responslblhty and wltlun the sole 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 any such officer or employee as to any such matter shall be the final determination V The COUNTY shall designate the County Judge to act on behalf of COUNTY and to serve as "Llmson Officer" between COUNTY and AGENCY The County Judge or his designated substitute shall insure the performance of all duties and obligations of COUNTY herein stated, devote sufficient time and attention to the execution of smd duties on behalf of COUNTY in full compliance with the terms and conditions of this agreement and provide supervision of COUNTY's employees, agents, contractors, sub-contractors and/or laborers, if any, m the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of' COUNTY and AGENCY VI AGENCY shall ensure the performance of all duties and obligations of AGENCY as hereinafter stated, devote sufficient time and attention to the execution of said duties on behalf of AGENCY in full comphanee with the terms and conditions of this agreement and shall provide immediate and direct supervision of the AGENCY employees, agents, contractors, sub- contractors and/or laborers, if any, m the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of AGENCY and COUNTY VII For the services heremabove stated, COUNTY agrees to pay to Provider a fee of $301,881 67 based on a funding formula as follows First, the readiness sum is 5561 per capita based on populatmn, for a maximum of $63,427 47 Second, a sum of $385 80 per ambulance run, for a maximum of $121,913 58 This sum is based upon the number of rtms made by Provider in fiscal year 2001 Tbard, a fixed sum based on size of covered rural area, for a maximum of $116,54062 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 defimtlon of an ambulance call for purposes of this agreement An ambulance call is defined as treatment and transport ora patient to a medical facility Payment shall not be allowed for instances in which a patient is not transported Consistent with the reporting procedures described below, the Provider transporting the patient shall receive payment, 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 the COUNTY, accompamed by copies of patient admission/registration forms as provided by a hospital or medical facility It shall be the responslblhty of the Provider to fully complete the forms and to provide complete and accurate patient information Requests for payment shall be submitted timely, that is, wltban five (5) days of the performance of service by the Provider Requests not timely submitted shall not be considered for payment Requests for payment may be submitted by personal delivery, U S mall, facsimile, or computer telephone hnk to the office of the Denton County Fire Marshal The date of submlsalon shall be the date the fully documented request is received m said office The payments by COUNTY shall be made from current revenues available to the COUNTY and are m an amount that fairly compensates the AGENCY for the services prowded VIII COUNTY agrees to and accepts full respons~bd~ty for the acts, neghgence and/or omissions of all COUNTY's officers, employees and agents IX AGENCY agrees to and accepts full responsibility for the acts, neghgence and/or ormsslons of all AGENCY's officers, employees and agents X In the event of any default ~n any of the covenants hereto contained, th~s agreement may be forfeited and terminated at either party's discretion if such default continues for a period of ten (10) days after not,ce to the other party ~n writing of such default and mtent~on to declare ttus agreement terminated Unless the default ~s cured as aforesaid, th~s agreement shall terminate as if that were the day originally fixed herein for the expiration of the agreement XI Th~s agreement may be tenmnated at any t~me by either party giving s~xty (60) days advance notme to the other party In the event of such termination by either party, AGENCY shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses then due and as authorized by this agreement In the event of such termination, should AGENCY be overcompensated on a pro rate bas~s for all servmes performed to termination date and/or be overcompensated reimbursable expenses as authorized by this agreement, then COUNTY shall be reimbursed pro rata for all such overcompensatlon Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this agreement XII The fact that COUNTY and AGENCY accept certmn responmbfilt~es relating to the rendenng of ambulance services under th~s agreement as a part of their respons~bd~ty for prowdlng protection for the pubhe health makes ~t ~mperat~ve that the performance of these wtal services be reeogmzed as a governmental function and that the docmne of governmental immunity shall be, and xt ~s hereby, invoked to the extent posmble under the law Neither AGENCY nor COUNTY waives nor shall be deemed hereby to wmve any immunity or defense that would otherwise be avmlable to ~t against elmms arts~ng from the exercise of governmental powers and functions XIII Tlus agreement represents the entire and integrated agreement between AGENCY and COUNTY and supersedes all prior negotiations, representations and/or agreements, e~ther written or oral Th~s agreement may be amended only by written instrument s~gned by both part~es XIV Th~s agreement and any or,ts terms or prowslons, as well as the rtghts and duties of the part,es hereto, shall be governed by the laws of the State of Texas XV In the event that any portion of tlus agreement shall be found to be contrary to law, ~t ~s the intent of the part,es hereto that the remmnmg portions shall remain valid and in full force and effect to the extent possible XVI The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute th~s agreement on behalf of the part, es hereto and each party hereby certifies to the other that any necessary resolutions extended smd authority have been duly passed and are now ~n full force and effect EXECUTED m duphcate originals, this the ~ day of ~~.~ 2001 COUNTY AGENCY Denton County, Texas City of Denton 110 West Hickory 212 W Sycamore Denton, Texas 76201 Denton, Texas 76201 By 4~~~ .~-~/ By Scott Armey" J/ Name EULIN~ Bl~k Denton County Judge t T~tle MAYOR Acting on behalf of and by Acting on behalf of and by the the authority of Denton County authority of the City of Denton Commlssmners Court of Denton, Texas ATTEST ATTEST BY ~l~P~_J._~Tf~,_['O,/~'~./~ By~fff / C~thm Mitchell / / ~ffer ~ter~ Clt~ec~t~ Denton Coun~ Clerk APPROVED AS TO CONTENT APPROVED AS TO CONTENT Dean Coun'ty Fr F~re Chief APPROVED AS TO FORM APPROVES AS TO FORM HERBERT L PROUTY, CITY ATTORNEY Assff~nt Dmtn~-Attomey INTERLOCAL COOPERATION AGREEMENT 7 AMBULANCE $1]RVICES 01 02