2000-050 ORmNANCENO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE AN INTER-LOCAL 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 I That the City Councd of the City o£ 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 his absence the
Mayor Pro Tern, is hereby authorized to execute smd Agreement on behalf of the City
SECTION II That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the /d~ day of~~__~, 2000
JAC~.JJJLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
AF~OVED AS TO LEGAL FORM
STATE OF TEXAS §
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT
AMBULANCE SERVICE
J/
THIS AGREEMENT is made and entered into tl-ns /Or~ day of X,~J/f~j)~/)~- ,
2000, by and between DENTON COUNTY, a pohtneal subdivision of the State of ll~xas,
heremaft~r referred to as "County" and the CITY OF DENTON, TEXAS, a mumclpalnty located in
Denton County, Texas, hereinafter referred to as "Cnty"
WHEREAS, County is a duly orgamzed poht~cal subdivision of the State of Texas engaged
in the admmastratnon of county government and related services for the benefit of the citizens of
Denton County, and
WHEREAS, City is a mumcnpahty engaged in the prowsmn of ambulance service and
related serwces for the benefit of the cntlzens of the City of Dentun, and
WHEREAS, ttus Contract revolves governmental functions that each par~ individually can
perform, and
WHEREAS, the amount pa~d by County for th~s service is to be made 5om current
revenues avmlable to it and that amount fmrly compensates C1W for the services and functions
performed by nt, and
WHEREAS, CnW is an owner and operator of certmn ambulance vehicles and other
equipment desngned for the transportation of persons who are sick, infirm, or injured and has m its
employ such trained personnel whose duties are related to the use of such vehicles and equipment,
and
WHEREAS, County desires to obtmn emergency methcal services rendered by City, as
more fully herema~er described for the benefit of the residents of Denton County, Texas, and
WHEREAS, the pre~uslon of emergency medical services is a governmental function that
serves the public health and welfare and ns of mutual concern to the contracting parties, and
WHEREAS, County and City mutually desire to be subject to the provisions of V T C A
Government Code, Chapter 791, the Luterlocal Cooperation Act, V T C A Health and Safety Code,
Sectnon 774 003 and other applicable statutes and contracts pursuant thereto,
NOW, THEREFORE, County and C~ty for the mutual consideration heremaf~er stated
agree as follows
1
The effective date oftlus Agreement shall be the 1~' day of October, 1999
2
The term of ttns Agreement shall be for the penod of October 1, 1999 to and through
September 30, 2000 Each party may termmate flus Agreement by gxvxng the other party wntten
notice of mtent to terminate 60 days after receipt of such notice
3
As used herein, the words and phrases hereinafter set forth shall have the meamngs as
follows
A. "Emergency" shall mean any ctrcumstance that calls for ~mmedlate actmn and in
wluch the element of tune m transportmg the sick, wounded, or mjured for medical treatment xs
essentml to the health or hfe of a person or persons Whether the aforementmned circumstances m
fact exist is solely up to the dxseret~on of the C~ty For dispatch purposes only, "emergency" shall
include, but not be limited to
1 The representation by a person requesting ambulance sermce that an
immediate need exists for such servxce for the purpose of transporting a
person from any locatxon to a place of treatment and emergency medical
treatment is thereafter adnumstered, and
2 The representatton by a person requestmg ambulance sermce that an
immediate need crests for such service for the purpose of transportmg a
person from any locatton to the closest medxcal facthty
B "Rural area" means any area w~thm the boundaries of Denton County, Texas and
without the corporate lnmts of all tncorporated cities, towns, and wllages witlun smd County
C '~rban area" means any area w~thm sa~d County and within the corporate hnuts of
an Incorporated city, town, or wllage
D "Emergency ambulance call" means a response to a request for ambulance service
by the personnel of the CRy m a s~tuatmn mvolmg an emergency (as such word is heremabove
defined) through the instrumentality of an ambulance velucle Wltlun the meamng hereof, a single
call maght revolve the transportation of more than one person at a nme
4
A Services to be rendered hereunder by C~ty are ambulance services normally
rendered by City under circumstances of emergency as herelnabove defined to citizens of County
B The City F~re Department shall respond to all requests for ambulance services made
wltlun its designated area of the County, as set out m Exhlbn "A", attached hereto and mcorpomted
by reference herem
PAGE 2
C It is mcograzed that the officers and employees of C~ty have duties and
mspons~blhues wbach mclude the rendering of ambulance servmes and ~t shall be the msponslbthty
and w~thm the sole chseret~on of the officers and employees of the C~ty to detenmne priorities m the
d~spatchmg and use of such eqmpment and personnel and the judgment of any such officer or
employee as to any such matter shall be the final determmatlon
5
The County shall designate the County Judge to act on behalf of the County and to serve as
"Llmson Officer" between County and C~ty The County Judge or bas designated substatute shall
insure the performance of all duUes and obhgatlons of County herem stated, devote sufficient me
and attention to the execution of saxd duttes on behalf of County In full compliance w~th the terms
and concht~ons of tbas 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
conchUons oftbas Agreement for the mutual benefit of County and C~ty
6
C~ty shall ensure the performance of all duties and obhgat~ons of City as here~nafier stated,
devote suffiment tune and attentton to the execution of smd duties on behalf of C~ty m full
comphance w~th the terms and eondtt~ons of tbas Agreement, and shall provide ~mmed~ate and
d~reet supermsmn of City's employees, agents, contractors, sub-contractors, and/or laborers, ~f any,
m the furtherance of the purposes, terms, and cond~tmns oftbas Agreement for the mutual benefit of
County and C~ty
7
For the senaces heremabove stated, County agrees to pay the C~ty a fee of $279,479 00 based
on a funding formula as follows First, the readmass sum is 664 per capita based on population,
for a maxtmum of $75,606 00 Second, a sum of $444 00 per ambulance nm, for a maximum of
$89,635 00 Tbas sum is based upon the number of runs made by City m fiscal year 1999 Tbard, a
fixed sum, based on slze of covered rural area, for a maximum of $114,238 00 The first and tbard
sums are based upon populaUon and rmleage figures obtained fi.om the North Central Texas
Couneal of Governments The second sum is based upon the defnutmn of an ambulance call for
purposes oftlus Agreement An ambulance call as defined as treatment and transport of a patient to
a medteal faethty Payment shall not be allowed for mstances m wbaeh a panent ~s not transported
Consisted wath the reporting procedures described below, City shall receive payment, regardless of
the service dehvery area m wbach the call onganated
Requests for payment shall be submitted on the standardized ambulance transportatton
reporting form approved and prowded by the County, accompamed by copies of patient
admassmn/reg~stratlon form~ as prowded by a hospital or medical facthty It shall be the
responsib~hty of the C~ty to fully complete the forms and to prowde complete and accurate patxent
xnformatlon Requests for payment shall be subrmtted timely, that ~s, wltlun five days of the
performance of sermce by the Cxty Requests not umely submxtted shall not be considered for
payment Requests for payment may be submxtted by personal delivery, U S marl, facsimile, or
computer telephone link to the office of the Denton County Fire Marshal The date of submxssxon
PAGE 3
shall be the date the fully documented request is received m smd office
By the signature of its duly authorized official hereto, the County assures the City that the
County Auditor has cerafied that sufficient funds are avmlable witlun the current County budget to
make alllpayments and meet all the financial obligations of this Contract and these funds are
avmlable, to pay the obhgat~on when due m accordance wxth Sectxon 111 093(c) of the Local
Government Code V T C A
8
County agrees to and accepts full respons~bihty for the acts, neghgence, and or ormsslons of
all County's officers, employees, and agents
9
C~ty agrees to and accepts full responsibility for the acts, neghgence, and or omissions of
all City's ~officers, employees, and agents
In the event of any default m any of the covenants hereto contained, thxs Agreement may
be forfextOd and termmated at either party's &seretxon of such default contmues for a period of
ten days ~.fter notice to the other party m writing of such default and mtent~on to declare thas
Agreemeat terminated Unless the default ~s cured as aforesmd, th~s Agreement shall terminate
as ~f that were the day originally fixed herein for the exp~ratmn of the Agreement
Tlu$ Agreement may be termmatod at any t~me by e~ther party giving 60 days advance
notme to the other party In the ovent of such termination by e~ther party, C~ty shall be
compensate~ pro rata for all servmes performed to terminate date, together with rennbursable
expenses then due and as anthonzed by this Agreement In the event of such termination, should
City be overcompensated on a pro rata bas~s for all servtced performed to termmaUon date and/or
be overcompensated reimbursable expenses as authorized by this Agreement, then County shall
be re~mbarsed pro rata for all such overeompensat~on Acceptance of such reimbursement shall
not constitute a watver of any elmm that may other~VlSe arise out of th~s Agreement
12
Thel fact that County and City accept certain responsibilities relating to the rendenng of
ambulant, ~ services under th~s Agreement as a part of their reeponsIbflny for prowdmg protectmn
for the p abllc health makes a imperative that the performance of these vital services be
recogmze~ t as a governmental function and that the doctnne of governmental ~mmumty shall be,
and a is t ereby, invoked to the extent possible under the law Neither Cay nor County wmves
nor shall I,e deemed hereby to waive any immumty or defense that would otherwme be available
to n again ~t clmms arising from the exercme of governmental powers and funetmns
PAGE 4
Denton County Judge Mayor ~
Acting on behalf of and by Acting on behalf of and by
The authority of DENTON COUNTY the authority of the CITY OF DENTON,
Commissioners Court of Denton TEXAS
County, Texas
PAGE 5
ATTEST ATTEST
Cyntlna Mxtehell J~tn fer ~a~rs
Denton County Clerk (L~5' Secretary
APPROVED AS TO FORM APPROVED AS TO FORM
Assistant Dlsmct Attorney / cHlet[yb~oLmPe~ uty /,-
APPR~ ~D ~ APPRO~CONTENT
BY BY ~ ~
Den~ ~ Fire Marshal F~re Cluef
PAGE 6
, . ~ ~ ~ [ -,~,~: a l.(~::;,:~,.~,
....