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2000-431O INANCE / 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 C~ty 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 ~s attached hereto and incorporated by reference here~n The Mayor, or in her absence, the Mayor Pro Tern, is hereby authorized to execute th~s Agreement on behalf of the City SECTION 2 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the ~ day of ~, 2000 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY /1/ APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT AMBULANCE SERVICE THIS AGREEMENT is made and entered into thls~ day of~~il~, 2000, by and between DENTON COUNTY, a political subchvlslon of the State of Texas, hereinafter referred to as "County" and the CITY OF DENTON, TEXAS, a mumclpahty located in Denton County, Texas, hereinafter referred to as "City" WHEREAS, County is a duly orgamzed pohtlcal subdivision of the State of Texas engaged in the admlmstratlon of county government and related services for the benefit of the c~t~zens of Denton County, and WHEREAS, City is a mumc~pallty engaged in the provision of ambulance service and related services for the benefit of the citizens of the City of Denton, and WHEREAS, tins Contract involves governmental functions that each party mthvldually can perform, and WHEREAS, the amount paxd by County for ttus service is to be made fi:om current revenues avmlable to ~t and that amount fmrly compensates City for the services and functions performed by ~t, and WHEREAS, City lS an owner and operator of certain ambulance vetucles and other equipment designed for the transportation of persons who are sick, infirm, or ~njured and has m ~ts employ such trained personnel whose duties are related to the use of such v¢lucles and eqmpment, and WHEREAS, County desires to obtmn emergency me(hcal serrates rendered by City, 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 that serves the pubhc health and welfare and is of mutual concern to the contracting pames, and WHEREAS, County and C~ty mutually desire to be subject to the provisions of V T C A Government Code, Chapter 791, the Interlocal Cooperation Act, V T C A Health and Safety Code, Section 774 003 and other applicable statutes and contracts pursuant thereto, NOW, THEREFORE, County and City for the mumm consideration hereinafter stated agree as follows The effective date oftfus Agreement shall be the 1st day of October, 2000 2 The term of tlus Agreement shall be for the period of October 1, 2000 to and through September 30, 2001 Each party may ternnnate tl~s Agreement by giving the other party wntten notice of intent to tenmnate 60 days after receipt of such notice 3 As used herein, the words and phrases hereinafter set forth shall have the meanings as follows A "Emergency" shall mean any clmumstance that calls for immediate action and in which the element of tnne m transporting the sick, wounded, or injured for medical treatment is essential to the health or hfe of a person or persons Whether the aforementioned mmumstances in fact exist m solely up to the d~scretlon of the City For dispatch purposes only, "emergency" shall ~nclude, but not be limited to 1 The representation by a person requesting ambulance service that an immediate need exists for such service for the purpose of transpo~ng a person from any location to a place of treatment and emergency medical treatment is thereafter administered, 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 facility B "Rural area" means any area w~tlnn the boundaries of Denton County, Texas and without the corporate limits of all incorporated reties, towns, and villages within smd County C "Urban area" means any area wlttun smd County and within the corporate limits of an incorporated city, town, or village D "Emergency ambulance call" means a response to a request for ambulance service by the personnel of the City m a situation involving an emergency (as such word is herelnabove defined) through the lnsmunentahty of an ambulance vehicle Within the meamng hereof, a single call might involve the transportation of more than one person at a time 4 A Services to be rendered hereunder by City are ambulance services normally rendered by City under circumstances of emergency as herelnabove defined to citizens of County B The City Fire Department shall respond to all requests for ambulance services made within its designated area of the County, as set out m Exlnblt "A", attached hereto and incorporated by reference herein Page 2 of 6 C It is recogmzed that the officers and employees of City have duties and msponslbahtaes wbach ~nclude the rendenng of ambulance services and ~t shall be the respons~bahty and wltban the sole chscretlon of the officers and employees of the City to determine priorities m the dlspatcbang 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 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 substitute shall insure the,performance of all duties and obligations of County herein stated, devote sufficient t~me and attention to the execution of smd dutms on behalf of County ~n full comphance with the terms and conditions of tins Agreement, and provide supervision of County's employees, agents, contractors, sub-contractors, and/or laborers, ~f any, ~n the furtherance of the purposes, terms, and conchtions oftbas Agreement for the mutual benefit of County and C~ty C~ty shall ensure the performance of all duties and obhgat~ons of C~ty as hereinafter stated, devote sufficient time and attention to the execution of smd duties on behalf of City m full comphanee w~th the terms and concht~ons of this Agreement, and shall provide ~mmedlate and d~rect superwmon of City's employees, agents, contractors, sub-contractors, and/or laborers, if any, m the furtherance of the purposes, terms, and conditions of th~s Agreement for the mutual benefit of County and City 7 For the services herelnabove stated, County agrees to pay the City a fee of $270,370 94 based on a funding formula as follows First, the reachness sum is 6450 per capita based on population, for a maximum of $52,962 10 Second, a sum of $435 00 per ambulance mn, for a maximum of $100,920 00 Tbas sum is based upon the number of runs made by C~ty ~n fiscal year 2000 Third, a fixed sum based on size of covered rural area, for a maximum of $116,488 84 The first and tbard sums are based upon population and mileage figures obtmned from the North Central Texas Council of Governments The second sum ~s based upon the defimt~on of an ambulance call for purposes oftbas Agreement An ambulance call is defined as treatment and transport ora patient to a mechcal facility Payment shall not be allowed for Instances ~n wbach a patient ~s not transported Consistent with the reporting procedures described below, City shall receive payment, regardless of the servme delivery area in wbach the call onglnated Requests for payment shall be submitted on the standard~zed ambulance transportation reporting form approved and provided by the County, accompanied by cop~es of patient admlsslon/regmtrat~on forms as prowded by a hospital or medical famhty It shall be the responslballty of the C~ty to fully complete the forms and to provide complete and accurate patient ~nformatl0n Requests for payment shall be submitted ttmely, that ~s, w~thln five (5) days of the performance of service by the C~ty Requests not timely submitted shall not be considered for payment Requests for payment may be submitted by personal dehvery, U S mall, 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 smd office Page 3 of 6 By the s~gnature of its duly authorized official hereto, the County assures thc City that the County Auditor has ce~fied that sufficient funds are avmlable w~thln the current County budget to make all payments and meet all the financial obhgat~ons of this Contract and these funds are available to pay the obhgatmn when due m accordance with Section 111 093(c) of the Local Government Code V T C A 8 County agrees to and accepts full responslblhty for the acts, negligence, and or omlss~ons of all County's officers, employees, and agents City agrees to and accepts full responslb~hty for the acts, negligence, and or omissions of all City's officers, employees, and agents 10 In the event of any default in any of the covenants herein contained, this Agreement may be forfeited and terminated at e~ther party's discretion of such default continues for a period of ten (10) days after notice to the other party ~n writing of such default and ~ntentlon to declare this Agreement terminated Unless the default ~s cured as aforesmd, th~s Agreement shall terminate as if that were the day orlgtnally fixed here~n for the expiration of the Agreement 11 Tfus Agreement may be terminated at any time by either party g~vlng 60 days advance notme to the other party In the event of such termination by either party, C~ty shall be compensated pro rata for all servmes performed to terminate date, together with reimbursable expenses then due and as authorized by th~s Agreement In the event of such tenmnatlon, should City be overcompensated on a pro rata basis for all serviced 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 overcompensation Acceptance of such reimbursement shall not constitute a wmver of any clmm that may otherwise arise out of this Agreement 12 The fact that County and C~ty accept certain responslblht~es relating to the rendering of ambulance services under this Agreement as a part of their responsibility for providing protection for the public health makes ~t imperative that the performance of these vital serwces be recognized as a governmental function and that the doctnne of governmental ~mmunlty shall be, and it ~s hereby, revoked to the extent possible under the law Neither C~ty nor County wmves nor shall be deemed hereby to wmve any ~mmunlty or defense that would otherwise be avmlable to it against claims anslng from the exercise of governmental powers and functtons Page 4 of 6 13 This Agreement represents the entire and integrated agreement between Cl~y and County and supersedes all pnor negotiations, representations, and/or agreements, either written or oral This Agreement may be amended only by written instrument signed by both parties 14 This Agreement and any of its terms or promslons, as well as the nghts and duties of the parties hereto, shall be governed by the laws of the State of Texas 15 In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible 16 The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary resolutions or ordinances extending smd authonty have been duly passed and are now in full force and effect EXECUTED in duplicate originals, this the~ ~ day of ~~-, 2000 COUNTY CITY DENTON COUNTY, TEXAS 110 WEST HICKORY DENTON, TEXAS 76201 Denton CountyJ. g // Acting on behalf of and by The authority of DENTON COUNTY Commlsmoners Court of Denton County, Texas CITY OF DENTON, TEXAS 215 EAST MCK1NNEY DENTON, TEXAS 76201 Euhne Brock Mayor Acting on behalf of and by the authority of the CITY OF DENTON, TEXAS Page 5 of 6 ATTEST ATTEST (~y~tua M~tchell ~ -- ~/ ?~ani£er V~ters Denton County Clerk X2~ty Secretary AS TO FORM .¢"~'~ ..~I~.ROVED~ AS TO FORM APPROVED BY Asmstant D~slnct Attomey "-..;~~~.;~rI~rbert L erouty '%~'~n ~ ~(~X~'' C~ty Attorney APPROVED AS ,T~ CONTE~ BY <~(~ ~~~, APPROVED AS TO CONTENT Page 6 of 6 AUDITOR'S CERTIFICATE I hereby certify that funds are avaslable m the amoun~ accomplish and pay the obligation of Denton County, Texas James W~ der this contra/ct ~nt~n County Au&tor / - I'l'l Illl