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Home My WebLink About1999-424ORDINANCE NO 4 q AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS FOR AMBULANCE SERVICES, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Council of the City of Denton hereby approves an Interlocal Agreement for Ambulance Service between the City of Denton and the City of Lake Dallas, a copy of which is attached hereto and incorporated by reference herein, and the Mayor, or in his absence the Mayor Pro Tem, is hereby authorized to execute said Agreement on behalf of the City SECTION 2• That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of AW&eikA211999 rW __.. r4 O. ATTEST; JENNIFER WALTERS, CITY SECRETARY M-A ED AS'TO LEGAL FORM T L PROUTY, CITY ATT eM P \ekarWd pt LGL\0ur Document\Ordmencee\99\ambulance -I'- lake dallae doc INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS Recitals The City of Denton currently provides emergency medical services to the citizens of Denton The City of Lake Dallas would like to contract with the City of Denton to receive emergency medical services for its citizens Pursuant to Chapter 774 of the Tex Health and Safety Code (Vernon 1992) and the Interlocal Cooperation Act, Tex Gov't Code Ann §791 001, et seq , (Vernon 1994), a city may contract to provide emergency medical services to the county or another city WHEREAS, both the City of Denton and the City of Lake Dallas have the authority to perform the services set forth in this Agreement individually and in accordance with Tex Gov't Code Ann §791011 (c)(2), and WHEREAS, the City of Lake Dallas will make all payments for services out of available current revenues and the City of Denton agrees that the payments made by the City of Lake Dallas hereunder, will fairly compensate it for the services performed, NOW, THEREFORE, WITNESSETH Agreement „ �� T s Agreement is made on the day ofAgL� 1999, between the City of Denton, Texas (" enton"), and the City of Lake Dallas ("Lake Dallas') e parties agree as follows 1 Definitions Emergency Medical Services or E M S means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to prevent death or aggravation of physiological or psychological illness or injury 21 Denton to Provide EMS to Lake Dallas Denton shall provide emergency medical services to Lake Dallas in response to requests for emergency medical services in accordance with this Agreement All requests for emergency medical services for persons residing in the corporate limits of bake Dallas shall be communicated to Denton in the manner specified by Denton 3. Discretion in Providing E M.S Lake Dallas understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other co tracts to provide emergency medical services to other entities Denton shall have the sole right an:discretion, without being in breach of this Agreement and without liability to Lake Dallas, to dete me (a) I Whether or not to respond to a request for medical emergency service, '- - - - - - - - (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service, (c) The order is which to respond to a request for emergency medical service, and (d) The time in which to respond to a request for emergency medical service 4. Service Fee Inconsideration for providing emergency medical services to Lake Dallas, Lake Dallas agrees to pay to Denton an annual sum of $47,200 for fiscal year 1999-2000 based on a population of 5,900 multiplied by $8 00 The population figure used is contained in the latest edi- tion of the North Central Texas Council of Governments estimate for January 1, 1999 The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term Denton may, after giving prior notice, suspend service to Lake Dallas during any period of time Lake Dallas is delinquent in the payment of any undisputed service fee 5 Patient Charges In addition to the service fee paid by Lake Dallas, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordi- nance of Denton 6 Governmental Immunity Not Waived Neither Denton nor Lake Dallas waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made or ansmg from any act or omission resulting from this Agreement 7. Term The term of this Agreement shall be in one-year increments, beginning on October , 1999 and continuing to September 30 of the following year and thereafter from year to year until, terminated in accordance with this Agreement 8 I Termination; Default Either party may terminate this Agreement at any time without cause by giving 90 days advance notice in writing to the other, specifying the date of termination If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated Lake Dallas shall be liable to Denton pro rata for the payment of emergency medical services provided to the date of termination 9. Notices All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows To Denton To Lake Dallas City Manager Mayor Ci of Denton City of Lake Dallas 21 E McKinney P O Box 368 D7ton, Texas 76201 Lake Dallas, Texas 75065 10, Agreement Not for Benefit of Third Parties This Agreement is not intended and PAGE shall not be construed to be for the benefit of any individual or create any duty on Denton to any Hurd party il. Assignment Neither party shall assign this Agreement except upon the prior written consent of the other 12. Venue. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas This Agreement shall be construed in accordance with the laws of the State of Texas EXECUTED on the day of �� 1999 ATTEST, JENNIFER WALTERS, CITY SECRETARY IA ATTEST I� ) AS TO LEGAL FORM L PROUTY, CITY AT_'I ,`.�`(t�nl vn�� -U 4( CITY OF DENTON, TEXAS CITY OF LAKE DALLAS BY ._ A R DoninwnMConaacte\99W nbulence <rntrw7 lake Aillm doc PAGE