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