HomeMy WebLinkAboutResolution No. 90-09 or COLON . TEx^$
R SOLUT ON NO.. / 9Z2
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS
INTERLOCAL COOPERATION AGREEMENT BETWEEN THE
CITY AND DENTON COUNTY FOR THE PROVISION OF
AMBULANCE SERVICES TO CERTAIN RESIDENTS OF
DENTON COUNTY; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF TttE COLONY, TEXAS:
Section 1. That the City Manager of the City of The
Colony, Texas is hereby authorized and empowered to execute an
Interlocal Cooperation Agreement with Denton County for the
provision of ambulance services to certain residents of Denton
County as defined in the Agreement. s.
Section 2. That a true and correct copy of the
Interlocal Cooperation Agreement is attached hereto and
incorporated herein.
Section 3. That this resolution shall take effect
immediately from and after its passage.
PASSED AND APPROV~;. by the City Gouncil of the City of The
Golony, Texas this ¢_~day of -~~ , 990.
Don Ami~Ck~,' Ma~--o~ '
ATTEST:
Patti A. Hicks, Gity Secretary
ORIGINAL
THE STATE ?r ~TEXAS )(
COUNTY OF.DENTON )(
INTERLOCAL COOPERATION AGREEMENT FOR AMBULANCE SERVICE
THIS AGREEMENT is made and entered by and between Denton County, a political
subdivision of the State of Texas, hereinafter referred to as "COUNTY", and The Colony
Fire Department, a municipal Volunteer Fire Department located in Denton County,
Texas, hereinafter referred to as "AGENCY".
WHEREAS, COUNTY is a duly organized political subdivision of the State of
Texas engaged in the administration of County Government and related services for the
benefit of the citizens of Denton County; and
WHEREAS, AGENCY is a public service organization, duly organized and operating
under the laws of the State of Texas and is engaged in the provision of ambulance
service and related services for the benefit of the citizens of Denton County; and
WHEREAS, AGENCY is an owner and operator of certain ambulance vehicles and
other equipment designed for the transportation of persons who are sick, infirm, or
injured, and has in its employ trained personnel whose duties are related to the use of
such vehicles and equipment; and
WHEREAS, COUNTY desires to obtain emergency medical services rendered by
AGENCY, 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 public health and welfare and is of mutual concern to the contracting
parties; and
(l)
WHEREAS, COUNTY and AGENCY mutually desire to be subject to the provisions
of Tex. Rev. Civ. Stat. Art. 4413 (32c), the Interloca! Cooperation Act and other
applicable statutes and contract pursuant thereto; NOW, THEREFORE, COUNTY and
AGENCY, for the mutual consideration hereinafter stated, agree as follows:
I.
The effective date of this agreement shah be the 1st day of October, 1989.
II.
The initia| term of this agreement sha]~ be for the period of October 1, 1989 to
and through September 30, 1990. Thereafter, this agreement shah be renewed for
successive additional one year terms commencing on October 1 of each year if the
COUNTY and AGENCY agree in writing on or before the first day of September, to
the amount of consideeration to be paid hereunder for each successive term; provided,
however, that each party may terminate this agreement by giving the other party written
notice of intent to terminate sixty (60) days after such notice.
III.
As used herein, the words and phrases hereinafter set forth sha]! have the
meanings as fo!lows:
A. "Emergency" shall mean any circumstance that ca|Is for immediate action and
in which the element of time in transporting the sick, wounded or injured for medical
treatment is essential to health or life of a person or persons. Whether the
aforementioned circumstances in fact exist, is sole|y up to the discretion of the
"AGENCY". For dispatch purposes only, "emergency" shal! include, but not !imited to:
1. The representation by a person requesting ambulance servi~e that an immediate
need exists for such service for the purpose of transporting a person from any location
to a place of treatment and emergency medical treatment is thereafter administered;
(2)
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 limits of all incorporated cities, towns and villages within
said COUNTY.
C. "Urban area" means any area within the corporate limits of an incorporated
city, town or village within said COUNTY.
D. "Emergency ambulance call" means a response to a request for ambulance
service by the personnel of AGENCY in a situation involving an emergency (as such
word is hereinabq~ue defined) through the instrumentality of an ambulance vehicle. Within
the meaning 'hereof, a single call might involve the transportation of more than one
person at a time.
IV.
A. Services to be referred hereunder by AGENCY are ambulance services
normally rendered by AG ENCY, under circumstances of emergency as hereinabove defined,
to citizens of COUNTY.
B. The Colony Fire Department shall respond to requests for ambulance services
made within designated rura} areas of COUNTY according to Exhibit A attached hereto.
C. It is recognized that the officers and employees of AGENCY have duties
and responsibilities which include the rendition of ambulance services, and it shall be
the responsibility and within the sole discretion of the officers and employees of
AGENCY to determine priorities in the dispatching and use of Such equipment and
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personnel, and the judgment of any such officer or employee as to any such matter shall
be in ail things final.
(3)
V.
The COUNTY shall designate the County Judge to act on behalf of COUNTY and
to serve as the "Liaison Officer" between COUNTY and AGENCY. The County Judge
or his designated substitute shall insure the performance of all duties and obligations
of COUNTY {~er~n stated; and, shah devote sufficient time and attention to the execution
of said duties on behalf of COUNTY in full compliance with the terms and conditions
of this agreement; and, shall provide immediate and direct supervision of COUNTY'S
employees, agent, contractors, sub-contractors, and or laborers, if any, in the furtherance
of the purposes, terms and conditions of this agreement for the mutual benefit of
COUNTY and AGENCY.
VI.
AGENCY shall insure the performance of all duties and obligations of AGENCY
as herein stated; and, shall devote sufficient time and attention to the execution of
said duties on behalf of AGENCY in full compliance with the terms and conditions of
this agreement; and, shall provide immediate and direct supervision of the AGENCY
employees, agents, contractors, sub-contractors, and/or laborers, if any, in the
furtherance of the purposes, terms and conditions of this agreement for the mutual
benefit of AGENCY and COUNTY.
VII.
For the Services hereinabove stated, COUNTY agrees to pay to AGENCY for the
full performance of this agreement, the sum of FIFTY ONE THOUSAND SEVEN HUNDRED
SIXTY NINE AND NO/100 ($51,769.00) DOLLARS to be paid in equal quarterly payments
of TWELVE THOUSAND NINE HUNDRED FORTY-TWO AND 25/100 ($'12,942.25) DOLLARS
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commencing on October 1, 1989. AGENCY understands and agrees that payment by
(4)
COUNTY to the AGENCY shall be made in accordance with the norma! and customary
processes and business procedures of COUNTY, and in conformance with applicable state
law.
VIII.
COUNTY agrees to and accepts ful! responsib|Iity for the acts, negligence, and/or
omissions of all COUNTY'S officers, employees, and agents.
IX.
In the event of any default in any of the covenants herein contained, this
agreement may be forfeited and terminated at either party's discretion if such default
continues for a period of ten (10) days after notice to the other party in writing of
such default and intention to dec!are this agreement terminated. Unless the default is
cured aforesaid, this agreement shall terminate and come to an end as if that were the
day originally fixed herein for the expiration of the agreement.
X.
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,~AGENCY shah be compensated pro rata for ail services performed to termination
date, together with reimbursable expenses then due and as authorized by this agreement.
In the event of such termination, should AGENCY be overcompensated on a pro rata
basis for all services performed to termination date, and/or be overcompensated
reimbursable expenses as authorized by this agreement, then COUNTY shah be reimbursed
pro rata for "all ~uch overcompensation. Acceptance of such reimbursement shall not
constitute a waiver of any claim that may otherwise arise out of this agreement.
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XI.
The fact that COUNTY and AGENCY accept certain responsibilities relating to
(5)
the rendition of ambulance services under this agreement as a part of their responsibility
for providing protection for the public health makes it imperative that the performance
of these vital services be recognized as a governmental function and that the doctrine
of governmental immunity shall be, and it is hereby invoked to the extent possible under
the law. Neither AGENCY nor COUNTY waives or shall be deemed hereby to waive,
any immunity or defense that would otherwise be available to it against claims arising
from the exercise of governmental powers and functions.
XII.
This agreement represents the entire and integrated agreement between AGENCY
and COUNTY and supersedes all prior negotiations, representations and/or agreements,
either written or oral. This agreement may be amended only by written instrument
signed by both AGENCY and COUNTY.
XIII.
This agreement and any of its terms or provisions, as well as the rights and
duties of the parties hereto, shall be governed by the laws of the State of Texas.
XIV.
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.
XV.
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 t,he other that any
necessary resolutions extending said authority have been duly pa~sed and are now in
full force and effect.
(6)
Executed?_~_~ ~-~in duplieate~/ , 19~J7. ~F o°riginals this, the ,-~ ~ ~ day of
COUNTY OF DENTON ~ ~"¥ y ~ ~ '---]- ~ ~. ~------.-O t.- t~ ~./
ATTEST: ATTEST:
DEPUTY, COUNTY CLERK '"~ ~.~Un
"AGENCY"
APPROVED AS TO FORM AND CONTENT:
Rob Morris
ATTORNEY FOR DENTON COUNTY
(7)
STATE OF TEXAS )(
COUNTY OF DENTON )(
BEFORE ME, the undersigned authority, on this day personally appeared the
Honorable Vic Burgess, Denton County Judge, known to me to be the person whose name
is subscribed to the foregoing instrument and acknowledged to me that he executed the
foregoing Interlocal Cooperation Agreement for the purposes and consideration therein
expressed, in the capacity stated, and as the act and deed of said County.
GIVEN under my hand and seal of office this the ~ day of ,1989.
Notary Public in and for the State of Texas.
My Commission expires:
(Notary's Printed Name)
SEAL
THE STATE OF TEXAS )(
COUNTY OF DENTON )(
BEFORE ME, the undersigned authority, on this day personally appeared,
t~.~. I-~/ql.L- , known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the foregoing Interlocal
Cooperation Agreement for the purposes and consideration therein expressed, and in
the capacity stated, and as the act and deed of said AGEN,~.
GIVEN under my hand and seal of office this thec~/~-day of ..~_~_~,
{~ Notary Public in and for ,the State of Texas·
~ ~f,~,~ No+ary Publ{c ~ My Commission expires: ~-~,,.~-?~)
,
(Notary's Printed Name)
SEAL