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HomeMy WebLinkAboutResolution No. 00-48 ORIGINAL CITY OF THE COLONY, TEXAS RESOLUTION NO. DO- J~ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY AND DENTON COUNTY FOR THE PROVISION OF AMBULANCE SERVICES TO THE RESIDENTS OF DENTON COUNTY; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the Mayor 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 the residents of Denton County as defined in the Agreement. 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 APPROVED by the City Council of the City of The Colony, Texas, this 20th day of November, 2000. '~"William W. Manning, Mayor & ATTEST: ~[ut-h~nn DeWn,'De~t~ty Cit~ Secretary THE STATE OF TEXAS ) ) COUNTY OF DENTON ) INTERLOCAL COOPERATION AGREEMENT AMBULANCE SERVICE THIS AGREEMENT is made and entered into this~.¢~r-~ day of ~dg/.,~./.~../_,~, 2000 by and between Denton County, a political subdivision of the State of Texas, hereinafter referred to as "COUNTY" and the City of The Colony, a municipality located in Denton County, Texas, hereinafter referred to as "CITY." 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, CITY is a municipality engaged in the provision of ambulance service and related services for the benefit of the citizens of Denton County; and WHEREAS, CITY 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 such 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 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 public health and welfare and is of mutual concern to the contracting parties; and WHEREAS, COUNTY and CITY mutually desire to be subject to the provisions of V.T.C.A. Government Code, Chapter 791, the Intedocal Cooperative 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: INTERLOCAL COOPERATION AGREEMENT 1 AMB~CE SERVICES THE COLONY 2000-01 The effective date of this agreement shall be the 1 st day of October, 2000 II. The term of this agreement shall be for the period of October 1, 2000 and through September 30, 2001. Each party may terminate this agreement by giving the other party written notice of intent to terminate sixty (60) days after 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 for immediate action and in which the element of time in 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 of 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 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; 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 limits of all incorporated cities, towns and villages within said COUNTY. C. "Urban area" means any area within said COUNTY, 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 CITY in a situation involving an emergency (as such word is hereinabove INTERLOCAL COOPERATION AGREEMENT 2 AMBULANCE SERVICES THE COLONY 2000-01 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 rendered hereunder by CITY are ambulance services normally rendered by CITY under circumstances of emergency as hereinabove defined to citizens of COUNTY. B. The Colony 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 responsibilities which include the rendering of ambulance services and it shall be the responsibility and within the sole discretion of 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 Judge to act on behalf of COUNTY and to serve as "Liaison Officer" between COUNTY and CITY. The County Judge or his designated substitute shall insure 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 of this agreement and provide supervision of COUNTY's 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 COUNTY and CITY. VI. CITY shall ensure the performance of all duties and obligations of CITY as hereinafter stated, devote sufficient time and attention to the execution of said duties on behalf of CITY in full compliance with the terms and conditions of this agreement and shall provide immediate and INTERLOCAL COOPERATION AGREEMENT 3 AMBULANCE SERVICES THE COLONY 2000-01 direct supervision of the CITY 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 CITY and COUNTY. VII. For the services hereinabove stated, COUNTY agrees to pay to Provider a fee of $19,574.89 based on a funding formula as follows: First, the readiness sum is .6450 per capita based on population, for a maximum of $17,527.23. Second, a sum of $435.00 per ambulance run, for a maximum of $435.00. This sum is based upon the number of runs made by Provider in fiscal year 2000. Third, a fixed sum based on size of covered rural area, for a maximum of $1,612.66. The first and third sums are based upon population and mileage figures obtained from the North Central Texas Council of 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 medical facility. Payment shall not be allowed for instances in which a patient is not transported. Consistent with the reporting procedures described below, the Provider transporting the patient shall receive payment, regardless of the service delivery area in which the 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 facility. It shall be the responsibility of the Provider to fully complete the forms and to provide complete and accurate patient information. Requests for payment shall be submitted timely; 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. mail, 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 said office. INTERLOCAL COOPERATION AGREEMENT 4 AMBULANCE SERVICES THE COLONY 2000-01 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 and accepts full responsibility for the acts, negligence and/or omissions of all CITY's officers, employees and agents. X. 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 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 services 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 rate basis for all services 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 waiver of any claim that may otherwise arise out of this agreement. XII. The fact that COUNTY and CITY accept certain responsibilities relating to the rendering 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 INTERLOCAL COOPERATION AGREEMENT 5 AMBULANCE SERVICES THE COLONY 2000-01 be, and it is hereby, invoked to the extent possible under the law. Neither CITY nor COUNTY waives nor 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. XIII. This agreement represents the entire and integrated agreement between CITY 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 parties. XIV. 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. XV. 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. XVI. 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 extended said authority have been duly passed and are now in full force and effect. INTERLOCAL COOPERATION AGREEMENT 6 AMBULANCE SERVICES THE COLONY 2000-01 EXECUTED in duplicate originals, this the~gr/day of ~ ,2000. COUNTY CITY Denton County, Texas Cit,~ of The Colo~b~ 110 West Hickory .~15 t North Colqn~ Blvd. Denton, Texas 76201 [ / [ )[} '/~ [[] {}"~" ]FhejC/~y, TeXas/75~6~-1219_ _ Kirk Wilson 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 Commissioners Court of The Colony, Texas Denton County, Texas. ATTEST: ATTEST: BY: BY:~ ~ Secr~a~ - ' Cynthia Mitchell Denton County Clerk APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Denton County Fire Marshal Fire Chief APPROVED AS TO FORM: Assistant District Attorney INTERLOCAL COOPERATION AGREEMENT 7 AMBULANCE SERVICES THE COLONY 2000-01