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