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HomeMy WebLinkAboutResolution No. 05-16 RESOLUTION NO. (/) s: / ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND DENTON COUNTY, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A", FOR THE PURPOSE OF PROVIDING AMBULANCE SERVICES TO PERSONS IN THE UNINCORPORATED AREAS OF DENTON COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the parties hereto are political subdivisions of the State of Texas; and WHEREAS, Chapter 791 of the GOVERNMENT CODE, the Interlocal Governmental Cooperation Act provides for contractual agreements between governmental entities; and WHEREAS, the City and County desire to enter into an agreement wherein the City would assist in providing ambulance services to persons in the unincorporated areas of the County; and WHEREAS, the City Council has determined that it would be in the best interest of public health, safety and welfare to enter into the Interlocal Cooperation Agreement with Denton County, pursuant to the provisions of Chapter 791 of the GOVERNMENT CODE and Section 774.003 of the HEALTH AND SAFETY CODE, for the purposes of the City providing ambulance services to persons in the unincorporated areas of Denton County; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the Mayor is hereby authorized to execute an lnterlocal Agreement by and between the City of The Colony and Denton County, Texas for providing ambulance services to persons in the unincorporated areas of Denton County, which is attached hereto and incorporated herein as Exhibit "A". SECTION 2. This Resolution shall become effective immediately from and after its passage, as the law and charter in such cases provide. 1 70583 DULY PASSED and approved by the City Council of the City of The Colony, Texas, on this the 17th day of January, 2005. APPROVED: A TTES~ j' n/)Mj~ LJ~ ~ IE WILSON, CITY SECRETARY OBERT E. HAG R, CITY ATTORNEY ~lbA\.~1/14/05) 2 70583 INTERLOCAL COOPERATION AGREEMENT AMBULANCE SERVICE TIllS AGREEMENT is made and entered into this _ day of 2004, by and between Denton County, a political subdivision of the State of Texas, hereinafter referred to as "COUNTY" and the The City of The Colony, a municipal corporation, 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 municipal corporation, duly organized and operating under the laws of the State of Texas and engaged in the provision of ambulance service and related services for the benefit of the citizens of The City of The Colony; and WHEREAS, AGENCY is an owner and operator of certain ambulance vehicles and other equipment designed for the transportation of persons who are sick, infrrmed, 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 ambulance and related services for the benefit of residents of COUNTY living in unincorporated areas of COUNTY which AGENCY is capable of providing; and WHEREAS, the provision of emergency ambulance and related services is a governmental function that serves the public health and welfare and is of mutual concern to both COUNTY and AGENCY; and WHEREAS, COUNTY and AGENCY mutually desire to be subject to and contract pursuant to the provisions of Government Code, Chapter 791, the Jnterlocal Cooperation Act, and Section 774.003, Health and Safety Code, NOW THEREFORE, COUNTY and AGENCY, in consideration of the mutual promises. covenants, and Agreements stated herein, agree as follows: I. TERM The term of this Agreement shall be for the period of October 1, 2004 to and through September 30, 2005. II. DEFINITIONS 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 an emergency, in fact, exists is solely up to the discretion of the AGENCY. For dispatch purposes only, "emergency" shall include, but not be limited to: 1. The representation by the individual requesting ambulance service that an immediate need exists for the transportation of a person from any location within the agreed operating area of AGENCY to a place where emergency medical treatment may be obtained; or 2. The representation by the individual requesting ambulance service that an immediate need exists for the transportation of a person from any location within the agreed operating area of AGENCY to the closest medical facility; B. "Rural area" means any area within the boundaries of COUNTY but outside the corporate limits of all incorporated cities, towns and villages within COUNTY. C. "Urban area" means any area within the corporate limits of an incorporated AGENCY, town or village within 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 defined above, by an ambulance vehicle. A single response to a call may involve the transportation of more than one person at a time but shall be considered as only one call. III. SERVICES The services to be rendered under this Agreement are the ambulance services normally rendered by AGENCY to citizens of The City of The Colony in circumstances of emergency but which services will now be extended to all citizens of COUNTY residing in the unincorporated areas of COUNTY within the operating territory or jurisdiction of AGENCY as agreed to by AGENCY and COUNTY in this Agreement and as set forth in Exhibit A, attached hereto and incorporated by reference. It is recognized that the officers and employees of AGENCY have the duty and responsibility of rendering ambulance services to citizens of AGENCY and COUNTY. In the performance of these duties and responsibilities, it shall be within the sole responsibility and discretion of the officers and employees of AGENCY to determine priorities in the dispatching and use of such equipment and personnel and the judgment of the officer or employee shall be final. IV. PERFORMANCE OF SERVICES AGENCY shall devote sufficient time and attention to insure the performance of all duties and obligations of AGENCY under this and shall provide immediate and direct supervision of the AGENCY employees, agents, contractors, sub-contractors and/or laborers engaged in the performance of this Agreement for the mutual benefit of AGENCY and COUNTY. V. LWSON OFFICER COUNTY shall designate the County Judge to act on behalf of COUNTY and to serve as "Liaison Officer" between COUNTY and AGENCY. The County Judge or her designated substitute shall devote sufficient time and attention to insure the performance of all duties and obligations of COUNTY under this Agreement and shall provide for the immediate and direct supervision of employees, agents, contractors, sub-contractors and/or laborers of COUNTY engaged in the performance of this Agreement. VI. COMPENSATION COUNTY agrees to pay to AGENCY an estimated fee of $17,595.78 based on a funding formula as follows: 1. A fixed readiness sum based on population based on .484751233 per capita of $16,990.53. 2. The sum of $399.5615764 per ambulance run for an estimated maximum amount of $0.00. This sum is based upon the number of runs made by AGENCY in fiscal year 2004. 3. A fixed sum based on 1.37 rural miles in the agreed operating territory of $605.25. 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. Payment shall not be allowed for any instance in which a patient is not transported. Consistent with the reporting procedures described below, AGENCY shall receive payment for transporting the patient 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 COUNTY. It shall be the responsibility of AGENCY to fully complete the forms and to provide complete and accurate patient information. Requests for payment shall be submitted within five (5) days of the performance of service by AGENCY. 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. VII. TERMINATION This Agreement may be terminated at any time by either AGENCY or COUNTY giving sixty (60) days advance notice in writing to the other party. In the event of termination by either party, AGENCY shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses authorized by this Agreement then due and owed. Should AGENCY be overcompensated on a pro rata basis for all services performed to the termination date and/or be overcompensated for reimbursable expenses, 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. VIII. FINANCIAL RECORDS AGENCY agrees to make its financial records available for audit and/or review by COUNTY upon request by COUNTY. IX. RESPONSffiILITY OF COUNTY COUNTY shall be responsible for the acts and negligence of all officers, employees and agents of COUNTY engaged in the performance of this Agreement. X. RESPONSIBILITY OF AGENCY AGENCY shall be responsible for the acts and negligence of all officers, employees and agents of AGENCY engaged in the performance of this Agreement. XI. DEFAULT In the event of any default in any of the covenants herein contained, this Agreement may be terminated at the discretion of the non-defaulting party if such default continues for a period of ten (10) days after notice in writing to the defaulting party of such default and the intention to declare this Agreement terminated. Unless the default is cured, this Agreement shall terminate. XII. GOVERNMENTAL IMMUNITY The fact that COUNTY and AGENCY 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 be, and is hereby, invoked to the extent possible under the law. Neither AGENCY 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. XIV. ENTIRE AGREEMENT 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 parties. xv. LAW OF CONTRACT 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. XVI. SEVERABILITY In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent AGENCY and COUNTY that the remaining portions shall remain valid and in full force and effect to the extent possible. XVII. AUTHORITY The undersigned officer and/or agents of are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of AGENCY and COUNTY. EXECUTED in duplicate originals, this the _ day of 2004. COUNTY: AGENCY: Denton County, Texas 110 West Hickory Denton, Texas 76201 City of The Colony 4900 Blair Oaks The Colony, Texas 75056 By: Mary Horn Denton County Judge By: Name Title Acting on behalf of and by the~thorityofDemonCounty Commissioners Court of Denton, Texas Acting on behalf of and by the authority of the City of The Colony ATTEST: BY: Cynthia Mitchell Denton County Clerk APPROVED AS TO CONTENT: Denton County Fire Marshal APPROVED AS TO FORM: Assistant District Attorney AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of $ to accomplish and pay the obligation of Denton County under this contract. James Wells, Denton County Auditor , ,i i B Uh !~!Ij ill ill li~ .. ili! 'Ill II! 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