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