RES 1997-28TOWN OF TROPHY CLUB, TEXAS
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS APPROVING AND
ACCEPTING AN INTERLOCAL COOPERATION
AGREEMENT FOR AMBULANCE SERVICE BY AND
BETWEEN THE TOWN AND DENTON COUNTY;
AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT; PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS:
Section 1. The Interlocal Cooperation Agreement for Ambulance Service by and between
the Town of Trophy Club, Texas (the "Town") and Denton County attached hereto and
incorporated herein is hereby approved and accepted.
Section 2. The Mayor is authorized and empowered to execute the said Agreement on
behalf of the Town and to do all acts and take all steps necessary to carry out the terms thereof.
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 the day of ort -ober , 1997.
ATTEST:
Town Secretary,
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
i
own rney,
Town of Trophy Club, Texas
DOC H: 540356
THE STATE OF TEXAS
CO=Y OF DENTON
INTERLOCAL COOPERATION AGREEMENT
AMBULANCE SERVICE
THIS AGREEMENT is made and entered into this first day of
October 1997, 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
"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
INTERLOCAL COOPERATION AGREEMENT
AMBULANCE- TROPHY CLUB 1997-98
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
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 City for the mutual consideration
hereinafter stated, agree as follows:
W
The effective date of this agreement shall be the 1st day of
October, 1997.
The term of this agreement shall be for the period of October
1, 1997 to and through September 30, 1998. 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
INTERLOCAL COOPERATION AGREEMENT 2
AMBULANCE - TROPHY CLUB 1997-99
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 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.
INTERLOCAL COOPERATION AGREEMENT 3
AMBULANCE - TROPHY CLUB 1997-98
B. THE TROPHY CLUB Ambulance Department shall respond to the
requests for ambulance services made within designated area 14 of
County, as set out in exhibit "All 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
INTERLOCAL COOPERATION AGREEMENT 4
AMBULANCE -TROPHY CLUB 1997-98
full compliance with the terms and conditions of this agreement
and shall provide immediate and 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 $4,715.32 based on a funding formula as follows:
First, the readiness sum is .7055 per capita based on population,
for a maximum of $3,633.33. Second, a sum of $370.19 per ambulance
run, for a maximum of $740.38. This sum is based upon the number
of runs made by Provider in fiscal year 1997. Third, a fixed sum
based on size of covered rural area, for a maximum of $341.61. 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
INTERLOCAL COOPERATION AGREEMENT 5
AMBULANCE - TROPHY CLUB 1997-98
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.
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.
INTERLOCAL COOPERATION AGREEMENT 6
AMBULANCE - TROPHY CLUB 1997-98
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.
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 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.
INTERLOCAL COOPERATION AGREEMENT 7
AMBULANCE - TROPHY CLUB 1997-98
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.
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 8
AMBULANCE -TROPHY CLUB 1997-98
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IIBIT "A"
EXECUTED in duplicate originals, this the –2 -1 -s -t— day of
October 1997.
COUNTY CITY
DENTON COUNTY, TEXAS TOWN OF TROPHY CLUB
110 WEST HICKORY 100 MUNCLUB
CIPAL DRIVE
DENTON, TEXAS 76201 TROBW, 79� 7�j2
sleley
County Judge
ActinWon behalf of and Vy
the authority of DENTON COUNTY
Commissioners Court of
Denton County, Texas.
_-7— Iritle
a es P. Carter
Vvayor
Acting on behalf of and by
the authority of the Town of
TROPHY CLUB, Texas
ATTES ATTEST:
4L BY: Z' 2j "-Z
BY:� Tim Ho'dges City Secretary
Denton CounClerk Karen Sadri
APPROVED AS TO FORM: APPR7ED AS TONTENT:
Assistant District Attorn
- Fire Ch- - of
Lou
Lou Opipare
APPROVED AS TO CONTENT:
Denton-4eounty Fire Marshal
INTERLOCAL COOPERATION AGREEMENT 9
AMBULANCE -TROPHY CLUB 1997-98