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1999-167 O A CENO AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTnORIZn O THE MAYOR AG~E~NT BBT~EN THE CITY OF DENTON ~D DENTON CO~TY FOR ~B~CE SERVICES, ~ DBCL~G AN EFFECTIVE DATE THE CO~CIL OF THE CITY OF DENTON HE.BY O~A~S ~ That ~e C~ty Co~cfl of the C~ty of Denton hereby approves ~ Agreement b~twem the C~W of Denton ~d Denton Co~ty for mbul~ce seduces, a copy of wNch ~s attached hereto ~d mco~orated by reference hereto The Mayor, or m h~s absence the Mayor Pro Tern, ~s hereby authorized to execute smd A~eement on behalf of the C~ty ~ That thru or&n~ce shall become effective ~mme&ately upon ~ts passage ~d approval PASSED A~ ~PROVED ~s the ~ day of ~ ,1999 JAILER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY THE STATE OF TEXAS ) ) COUNTY OF DENTON ) INTERLOCAL COOPERATION AGREEMENT AMBULANCE SERVICE of THIS AGREEMENT IS made and entered into this ~?_day z~/~¢.~ , 1 999, by and between DENTON COUNTY, a political subdivision of the State of Texas, here~ndter refe~ed to as "Co~ty" m~d the "CITY OF DENTON", a mumcipahty located ~n Denton County, Texas, hereln~er referred to as "C~ty" WHEREAS, County is a dhly organized pohtlcal sub&vision Gl the Stme of Texas engaged m the administration of county govermem ~d related servmes for the benefit of the c~tlzens of Denton Co~ty, and WHE~AS, City ~s a mumclp~ty engaged ~n the prowslon of mbulance serwce and related se~mes for the benefit of the cttlzens of Denton County, ~d ~E~AS, this contract involves governmental f~ctlons that each p~y ln&wdually c~ perform, and WHEREAS, the amo~t paid by the Co~ty for th~s se~lce ~s to be made from c~ent revenues available to ~t and that mount fmrly compensates the City for the se~mes and functions perfo~ed by tt, m~d WHE~AS, City ~s an owner and opermor of certain mbul~ce vehicles ~d other eqmpment designed for the transportation of persons who are sick, ~nfirm, or ~njured and has ~n its employ such ~mned personnel whose duties are ~elated to the use Gl such vehmles ~d eqmpment, and WHEREAS, Comity desires to obtain emergency medical se~mes rendered by City, as more fully hereinafter described for the benefit of the residents of Denton Co~ty, Texas, ~d WHE~AS, the prows~on of emergency medical services ~s a governmental ~nctlon that se~es the pubhc health ~d welfare and ~s of mutual concern to the contracting p~es, ~d INTERLOCAL (~OOPERATION AGREEMENT FOR AMBUI AN( L I 1 ~ERVICES D[~NTON 1998 O0 WHEREAS, County and City 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 mutual consideration hereinafter stated, agree as follows l The effective date of this agleement shall be the I st day of October, 1998 11 The term of this agreement shall be for the period of October 1, 1998 to and through September 30, 1999 Each party may terminate this agreement by giving the other party written notice of intent to terminate sixty (60) days alter receipt of such notice III As used herein, the words and phrases hereinafter set forth shall have the meanings as follows A "Emergency" shall mean any circumstance that calls ior immediate action and in which the element of time ~n transporting the sick, wounded or injured for medical treatment is essential to the health or life of a person or persons Whether the aforementioned circumstances in fact exist is solely up to the discretion oi the City For dispatch purposes only, "emergency" shall include, but not be limited to 1 The representation by a person requesting ambulance service that an lnmaedlate need exists for such service for the purpose ot transporting 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 within the boundaries of Denton County, Texas, and without the corporate hm~ts of all incorporated cities, towns and villages within said County C "Urban area" means any area within said County, within the corporate hmlts of an incorporated city, town or village D "Emergency ambulance call" means a response to a request for ambulance service by the personnel of City in a situation involving an emergency (as such word is hereinabove defined) through the instrumentahty of an ambulance vehicle Within the meaning hereof, a single call might involve tile transportation o$ more than one person at a time IV A Services to be rendered hereunder by City are ambulance serwces normally rendered by City under circumstances of emergency as hereInabove defined to citizens of County B The DENTON Ambulance Department shall respond to the requests for ambulance services made within its designated area of the County, as set out in exhibit "A", attached hereto and incorporated by reference C It is recognized that the officers and employees of City have duties and responsiblhtles which include the rendering ol ambulance services and it shall be the responsibility and within the sole discretion oi the officers and employees of City 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 ludge to act on behalf of County and to serve as "Liaison Officer" between County and City l'he County Judge or his designated substitute shall ~nsure the performance of all duties and obligations of County herein stated, devote sufficient time and attention to the execution of said duties on behalf of County in full compliance with the terms and conditIons oi this agreement and plovide supervision of County's employees, agents, contractors, sub-contractors and/or laborers, ii any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit ot County and City VI C~ty shall ensure the performance ot all duties and obhgat~ons of City as hereinafter stated, devote suffiment time and attention to the execution of said duties on behalf of C~ty ~n full compliance w~th the terms and conditions oi this agreement and shall provide immediate and direct supcrvts~on of the City employees, agents, contractors, sub-contractors and/or laborers, ff any, in the furtherance of the purposes, terms and con&txons of this agreement for the mutual benefit of C~ty and County VII For the services hereinabove stated, County agrees to pay to Provider a fee of $280,170 31 based on a funding formula as follows First, the readiness sum is 664 per capita based on population, for a maximum of $69,289 47 Second, a sum of $444 00 per ambulance run, for a maximum of $93,240 This stun ~s based upon the number of runs made by Provider in fiscal year 1998 Third, a fixed sum based on s~ze of covered rural area, for a maximum of $117,640 84 The first and thtrd stuns are based upon populatmn and m~leage figures obtmned from the North Central Texas Council ot Governments The second sum is based upon the definition of an ambulance call for purposes of this agreement An ambulance call is defined as treatment and transport of a patient to a medmal lamhty Payment shall not be allowed for instances m which a patient ~s not transported Consistent with the reporting procedures described below, the Prowder transporting the patient shall receive payment, regardless of the service delivery area m which tbe call originated Requests for payment shall be submitted on the standardized ambulance transportation reporting form approved and provided by the County, accompanied by copies of patient admission/registration forms as provided by a hospital or medical facdlty It shall be the responsibility of the Provider to fully complete the forms and to provide complete and accurate patient mformat~on Requests for payment shall be submitted tamely, that is, within 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, facslrnde, 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 said office By the signature if its duly authorized official hereto, the County assures the City that the County Auditor has certified that sufficient funds are available within the current County budget to make all payments and meet all the financial obligations of this contract and these funds are avmlable to pay the obligation when due in accordance with Section 111 093(e) of the Local Government Code V T C A VIII County agrees to and accepts full responsibility for the acts, negligence and/or omissions of all County's officers, employees and agents IX City agrees to mad accepts full tesponslblhty for the acts, negligence and/or omissions of all City's officers, employees and agents X In the event of any deiault in may of the covenants herein contained, this agreement may be forfeited and terminated at either party's discretmn if such default continues for a period often (10) days after notice to the othel party in wimng of such default and ~ntentlon to declare this agreement terminated Unless the default is cured as aforesaid, this agreement shall terminate as if that were the day originally fixed herein for the expiration of the agreement XI This agreement may be terminated at any time by either party giving sixty (60) days advance notice to the other party In the event of such termination by either party, City shall be compensated pro rata for all selvlces performed to termination date, together with reimbursable expenses then due and as authorized by this agreement In the event of such termination, should City be overcompensated on a pro rata basis roi all services performed to termination date and/or be overcompensated reimbursable expenses as authorized by this agreement, then County shall INTERLOCAL COOPERATION AGREEMENT FO]t. AMBULAN( [ *J -J SERVICES DENTON 1998 09 be reimbursed pro rata for all such overcompensatlon Acceptance of such reimbursement shall not constitute a waiver of any clmm that may otherwise arise ont of this agreement XII The fact that County and C~ty accept certain responslbd~tles relating to the rendering of ambulance services under th~s ag~ eement as a part of thmr responsibility for providing protection for the public health makes it m~perauve that the performance of these vital services be recognized as a governmental functton and that the doctrine of governmental immunity shall be, and it is hereby, ~nvoked to the extent possible under the law Neither C~ty nor County waives nor shall be deemed hereby to wmve any u~mumty or defense that would otherwise be avmlable to ~t against clmms arising from the exercise of governmental powers and functions ×III This agreement represents the entire and integrated agreement between City and County and supersedes all prior negotiations, lepresentatlons and/or agreements, either written or oral Th~s agreement may be amended only by written msuument s~gned by both part,es XIV This agreement and any of ~ts terms m prows~ons, as well as the rights and duties of the parties hereto, shall be governed by the laws ot the State of Texas XV In the event that any portion of th~s agreement shall be found to be contrary to law, ~t is the intent of the parties hereto that the remmmng 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 necessmy authority to execute th~s agreement on behalf of the part~es hereto and each party hereby certifies to the othe~ that any necessary resolutions extended smd authority have been duly passed and are now in full force and effect iNTERLOCALCOOPERATIONAGREEMENTYORAMBULANCE 6 6 S£RVICES DENTONI99800 EXECUTED in duplicate ongtnals, this the/~-~day of ~ 1999 COUNTY CITY DENTON COUNTY, TEXAS CITY OF DENTON 110 WEST HICKORY 215 EAST MCKINNEY DENTO~T~A~.~ DENTON(..T~ ;6201 By ~ By ~3&'/~~'~ ~'t'L~ Kzrk wil~on Title MaWr/ Denton County Judge ~ Acting on behalf of and by Acting on behalf of and by the authority of DENTON COUNTY the authority of the City of Comm~sstoners Court of DENTON, TEXAS Denton County, Texas AFTE~d~, ~ ~, ~ ~ ATTEST~fl~ BY %.../I/'VI_ ~...4n.n~,'x_~ BY ~~; t thxa, ~tchell ~ty Secretmy on Co~ty Clerk APPROVED AS TO ~ORM APPROVED AS TO FORM / Asmst~t D~stnct Att y ~ A( ~ AS T~ONTENT ~AS TO C~ 7 , D~ ~ty F~re~shal F~re Chief IN I LRLOCA[ COOPEIL~TION AGREEMENT FOE AMBUI AN( I 7 7 qERVICES DENTON 1098 90 Exhibit A County EMS Obligation EMS District ~ County EMS Obligation City ~ Major Road ~ City Limit