RES 1998-27• t1f, i, Wgwys�
0
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS APPROVING AN
INTERLOCAL COOPERATION AGREEMENT BY AND
BETWEEN THE TOWN AND DENTON COUNTY TO
PROVIDE EMERGENCY AMBULANCE SERVICES FOR
AREAS IN DENTON COUNTY; AUTHORIZING THE
MAYOR TO EXECUTE THE CONTRACT; PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB,TEXAS:
Section 1. The Town Council of the Town of Trophy Club, Texas (the "Town") does
hereby approve, adopt and agree to entered into an Interlocal Cooperation Agreement for the
provision of emergency ambulance services to unincorporated areas of Denton County by and
between the Town and the County of Denton, Texas. A true and correct copy of the said
Agreement is attached hereto and incorporated herein.
Section 2. The Mayor of the Town is hereby authorized, empowered and directed to
execute the said Agreement on behalf of the Town of Trophy Club.
Section 3. This Resolution shall take effect from and after its date of passage.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this 15thday of December
1998.
�ar, Town of Tr, by Club, Texas
ATTES
Town Secretaty,
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
Town Attorney,
Town of Trophy Club, Texas
DOC #: 661439
THE STATE OF TEXAS
COUNTY OF DENTON I -
INTERLOCAL COOPERATION AGREEMENT
AMBULANCE SERVICE
THIS AGREEMENT is made and entered into this 1st day of
October , 199 8, by and between DENTON COUNTY, a political
subdivision of the State of Texas, hereinafter referred to as "County," and the TOWN OF
TROPHY CLUB, a municipality located in Denton County, Texas, hereinafter referred to as
"Town. "
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, Town is a municipality engaged in the provision of ambulance service and
related services for the benefit of the citizens of Denton County; and
WHEREAS, Town 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 Town,
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
INTERLOCAL COOPERATION AGREEMENT
AMBULANCE SERVICE - Page 1
DOC #: 661112
WHEREAS, County and Town mutually desire to be subject to the provisions of
V.T.C.A. Government Code, Chapter 791, the Interlocal 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 Town, for the mutual consideration hereinafter
stated, agree as follows:
L••
I.
The effective date of this agreement shall be the 1st day of
The term of this agreement shall be for the period of
199 8 , to and through
September 30th
October
October 1st
, 199 9 . Each parry may terminate
this agreement by giving the other party written notice of intent to terminate sixty (60) days after
receipt of such notice.
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 Town. 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
INTERLOCAL COOPERATION AGREEMENT
AMBULANCE SERVICE - Page 2
DOC #: 661112
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 limites of all incorporated cities, towns and villages within said County.
C. "Urban area" means any area within said County, within the corporate limites of
an incorporated city, town or village.
D. "Emergency ambulance call" means a response to a request for ambulance service
by the personnel of Town in a situation involving an emergency (as such word is hereinabove
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.
A. Services to be rendered hereunder by Town are ambulance services normally
rendered by Town under circumstances of emergency as hereinabove defined to citizens of
County.
B. THE TROPHY CLUB 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 Town 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 Town to determine
INTERLOCAL COOPERATION AGREEMENT
AMBULANCE SERVICE - Page 3
DOC #: 661112
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.
ky
The County shall designate the County Judge to act on behalf of County and to serve as
"Liaison Officer" between County and Town. The County Judge or his designated substitute
shall ensure 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 Town.
U
Town shall ensure the performance of all duties and obligations of Town as hereinafter
stated, devote sufficient time and attention to the execution of said duties on behalf of Town in
full compliance with the terms and conditions of this agreement and shall provide immediate and
direct supervision of the Town 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 Town and County.
For the services hereinabove stated, County agrees to pay to Provider a fee of $8,656.65
based on a funding formula as follows: First, the readiness sum is .664 per capita based on
population, for a maximum of $3,552.00. Second, a sum of $444.00 per ambulance run, for
a maximum of $740.38. This sum is based upon the number of runs made by Provider in fiscal
year 1998. Third, a fixed sum based on size of covered rural area, for a maximum of
INTERLOCAL COOPERATION AGREEMENT
AMBULANCE SERVICE - Page 4
DOC #: 661112
$1,297.48. 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.
®1
County agrees to and accepts full responsibility for the acts, negligence and/or omissions
of all County's officers, employees and agents.
Q
Town agrees to and accepts full responsibility for the acts, negligence and/or omissions
of all Town's officers, employees and agents.
INTERLOCAL COOPERATION AGREEMENT
AMBULANCE SERVICE - Page 5
DOC #: 661112
KI
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.
M
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, Town 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 Town 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 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.
M
The fact that County and Town 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 it is hereby, invoked to the extent possible under the law. Neither Town nor County
INTERLOCAL COOPERATION AGREEMENT
AMBULANCE SERVICE - Page 6
DOC 1l: 661112
waivers 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.
WIN
This agreement represents the entire and integrated agreement between Town 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.
V
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.
Q
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.
M
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 extending said
authority have been duly passed and are now in full force and effect.
INTERLOCAL COOPERATION AGREEMENT
AMBULANCE SERVICE - Page 7
DOC #: 661112
EXECUTED in duplicate originals, this the
December 1998
COUNTY:
DENTON COUNTY, TEXAS
110 W. HICKORY
DENTON, TX 76201
M
D6nton County Judge
Acting on behalf of an p y the
authority of DENTON UNTY
COMMISSIONERS COURT of
Denton County, Texas
ATTEST:
By:
Denton County Clerk
APPROVED AS TO FORM:
AsSiftant District Attorney
7
APPROVED AS TO CONTENT:
,ton County Fire Marshal
INTERLOCAL COOPERATION AGREEMENT
AMBULANCE SERVICE - Page 8
DOC #: 661112
TOWN:
TOWN OF TROPHY CLUB
100 MUNICIPAL DRIVE
TROPHY CT.TTR TY
Ifl
day of
Acting on behalf of and by the
authority of THE TOWN OF
TROPHY CLUB, Texas
ATTEST:
By:
Town Sectary
APPR D AS TO CONTENT:
Fire Chil9f