HomeMy WebLinkAboutRes 06-08 Authorizing an Agreement with Denton CountyTOWN OF WESTLAKE
RESOLUTION NO. 06-08
A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE,
TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN
INTERLOCAL COOPERATION AGREEMENT FOR AMBULANCE SERVICE WITH
THE COUNTY OF DENTON, TEXAS.
WHEREAS, The Town of Westlake currently is a municipal corporation that operates a
mobile intensive care unit (ambulance) and the County of Denton, Texas desires to enter into an
interlocal cooperation agreement for said services, and
WHEREAS, The County of Denton, Texas agrees to benefit the residents of the County
living in unincorporated areas of the County by entering into interlocal cooperation agreements
with those municipal corporations located partial or wholly within the County for these services,
and
WHEREAS, It is agreeable that the signatory municipal corporations and the County are
mutually benefited by this agreement and enter into it freely under the terms of the agreement.
NOW, THBEFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1: The Board of Aldermen of the Town of Westlake hereby authorizes the
Town Manager to enter into an Interlocal Cooperation Agreement with the County of Denton,
Texas, attached as Exhibit A.
SECTION 2: This Resolution shall become effective upon the date of its passage.
PASSED AND APPROVED ON THIS 27TH DAY OF FEBRUARY 2006.
ATTEST:
Wean Dwinnell, TRMC, CMC, Town Secretary
APPROV F RM:
L. Stanton Lo , T ttorney
Scott Bradley, Mayor
Trent O. Petty, T anager
EXHIBIT A
INTERLOCAL COOPERATION AGREEMENT
AMBULANCE SERVICE
THIS AGREEMENT is made and entered into this 0 day of 2005,
by and between Denton County, a political subdivision of the State of Texas, hereinafter referred
to as "COUNTY" and the Town of Westlake, 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 Westlake; and
WHEREAS, AGENCY is an owner and operator of certain ambulance vehicles and other
equipment designed for the transportation of persons who are sick, infirmed, or injured and has
in its employ trained personnel whose duties are related to the treatment of said individuals and
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
INTERLOCAL COOPERATION AGREEMENT 1
AMBuLANCE SERvzcEs 05-06
WHEREAS, COUN'T'Y and AGENCY mutually desire to be subject to and contract
pursuant to the provisions of Government Code, Chapter 791, the Interlocal 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.
MORSTI
The term of this Agreement shall be for the period of October 1, 2005 to and through
September 30, 2006.
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;
INTERLOCAL COOPERATION AGREEMENT 2
AMBULANCE SERVICES 05-06
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 city, 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.
SERVICES
The services to be rendered under this Agreement are the ambulance services normally
rendered by AGENCY to citizens of Westlake 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. 11-i 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.
INTERLOCAL COOPERATION AGREEMENT 3
AMHuLANcE SEavices 05-06
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, subcontractors and/or laborers
engaged in the performance of this Agreement for the mutual benefit of AGENCY and
COUNTY.
V.
LIAISON 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 $197.97 based on a funding
formula as follows:
1. A fixed readiness sum based on population based on .4736 per capita of
$197.97.
2. The sum of $376.6469 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 2005.
INTERLOCAL COOPERATION AGREEMENT 4
AN.BULANCE SERVICES OS -06
3. A fixed sum based on 0 rural miles in the agreed operating territory of $0.00.
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
INTERLOCAL COOPERATION AGREEMENT 5
AMBULANCE SERVICES 05-06
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.
M
RESPONSIBILITY OF COUNTY
COUNTY, to the extent allowed by law, shall be responsible for the acts and negligence
of all officers, employees and agents of COUNTY engaged in the performance of this
Agreement.
94
RESPONSIBILITY OF AGENCY
AGENCY, to the extent allowed by law, shall be responsible for the acts and negligence
of all officers, employees and agents of AGENCY engaged in the performance of this
Agreement.
W
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.
INTERLOCAL COOPERATION AGREEMENT 6
AMBULANCE SERVICES 05-06
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.
out
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
INTERLOCAL COOPERATION AGREEMENT
AMBULANCE SERVICES 05-06
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 1(ti k 2005.
COUNTY:
Denton County, Texas
110 West Hickory
Denton, Te 0ige By:
Mary Born
Denton Coun
Acting on behalf of and by
the authority of Denton County
Commissioners Court of Denton, Texas
ATTEST;
BY::—
Cynthia Mitchell
Denton County Clerk
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
AGENCY:
Town of Westlake
2650 J.T. Ottinger Road
Westlake, TX 76262
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Name r
Title =6 Wi et'
Acting on behalf of and by the
authority of the Town of Westlake
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INTERLOCAL COOPERATION AGREEMENT
AMSUZaNCE SERVICES 05-06
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.
INTERLOCAL COOPERATION AGREEMENT
AMBULANCE SERVICES 05-06
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Memo
To: Jean Dwinnell
Town of Westlake
2650 JT Ottinger Road
Westlake, TX 76262
From: Erin McCorkle
Date: April 24, 2006
Re: ICA — Ambulance Service
Enclosed is one executed original Agreement approved by Denton County
Commissioners Court April 11, 2006.
Thank you, and please contact me with any questions.
940-349-2027 or Erin.McCorkleD_ jentoncounty com
Erin McCorkle, Administrator to Denton County Commissioners Court
Denton County Clerk —Administration
450 East McKinney
Denton, TX 76209
CC: Theresa Rogers, Cls, Records Management