Loading...
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.(~::;,:~,.~, ....