HomeMy WebLinkAbout1998-307ORDINANCE NO 7 ® —'-fo
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 I. 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 II That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the day of � 06�� 1990
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ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
AP OVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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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 §791 011(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
This Agreement is made on the �7day of 199_0, between the City of Denton,
Texas ("Denton"), and the City of Lake Dallas ("Lake Dallas")
The 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
2. 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 Lake 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 contracts to provide emergency medical services to other entities Denton shall have the sole
right and discretion, without being in breach of this Agreement and without liability to Lake Dallas,
to deternnne
(a) 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 In consideration for providing emergency medical services to Lake Dallas,
Lake Dallas agrees to pay to Denton an annual sum during each year of this Agreement determined
by multiplying the population in Lake Dallas by six dollars and fifty cents ($6 50) The population
figure used shall be that contained in the latest edition of the North Central Texas Council of
Government's estimate for January 1, 1998 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 arising from any act or omission resulting from taus Agreement
7 Term The term of this Agreement shall be in one-year increments, beginning on
October 1, 1998 and continuing to September 30 of the following year and thereafter from year to
year until terminated in accordance with this Agreement
8 Termination; Default Either party may terminate this Agreement at any time without
cause by giving ninety (90) days advance notice in writing to the other, specifying the date of termi-
nation 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 up 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
City Manager
City of Denton
215 E McKinney
Denton, Texas 76201
To Lake Dallas
10. Agreement Not for Benefit of Third Parties This Agreement is not intended and
PAGE 2
shall not be construed to be for the benefit of any individual or create any duty on Denton to any
third party
11. Assignment Neither party shall assign this Agreement except upon the prior wntten
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 0 aber- , 199 0
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APP V,ED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY ✓�'
ATT
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CITY OF DENTON, TEXAS
BY'
JAC ILLER, MAYOR
CITY OF LAKE DALLAS
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