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HomeMy WebLinkAbout1998-308ORDINANCE NO V� - -'�ae AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF PONDER 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 Ponder, a copy of which is attached hereto and incorporated by reference herein, and the Mayor, or in lus absence the Mayor Pro Tem, is hereby authorized to execute said Agreement on behalf of the City SACTION 11. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of �de� , 19�& JACPILLER, ATTEST; JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY P �hwed\d.,UG{AOw Dac .U\Ordiw.\98\emb.1ma,.,1.pwdw d. INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF PONDER Recitals The City of Denton currently provides emergency medical services to the citizens of Denton The City of Ponder 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 Ponder 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 Ponder 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 Ponder hereunder will fairly compensate it for the services performed, NOW, THEREFORE, WITNESSETH Agreement This Agreement is made on the day of 199p, between the City of Denton, Texas ("Denton"), and the City of Ponder ("Ponder") 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' 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 Ponder. Denton shall provide emergency medical services to Ponder 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 Ponder shall be communicated to Denton in the manner specified by Denton 3. Discretion in Providing E.M.S. Ponder 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 Ponder, to determine (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 Ponder, Ponder agrees to pay to Denton an annual sum during each year of this Agreement determined by multiplying the population in Ponder 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 Ponder during any period of time Ponder is delinquent in the payment of any undisputed service fee 5. Patient Charges In addition to the service fee paid by Ponder, 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 Ponder waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made or ansing 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 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 Ponder shall be liable to Denton pro rats for the payment of emergency medical ser- vices 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 Ponder Mayor City of Ponder P O Box 297 Ponder, Texas 76259 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 tlus 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 lP day of 4�lv de 199 q0 ATTEST JENNIFER WALTERS, CITY SECRETARY BY �f�Q1% " ROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY ATTEST BY Get c ti SECRETARY F mhwvcD LV Ow Umw tq\Cmw \=bulewa"m pwdw dw CITY OF DENTON, TEXAS BY i PAGE