1999-361 ORDINANCE NO qq- .~:v /
AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR AMBULANCE
SERVICES, AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the City Council of the C~ty of Denton hereby approves an Interlocal
Agreement for Ambulance Service between the City of Denton and the City of Connth, a copy
of which is attached hereto and mcorporated by reference herein, and the Mayor, or ~n his
absence the Mayor Pro Tem, is hereby authorized to execute smd Agreement on behalf of the
C~ty
SECTION 2. That this ordinance shall become effective immediately upon Its passage
and approval
PASSED AND APPROVED this the ~--L~/t day of yff~J , 1999
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY ~/~ ....
APp~;; ~S TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE
BETWEEN THE CITY OF DENTON AND
THE CITY OF CORINTH
Recatals
The Clty of Denton currently provides emergency medical services to the Catlzens of
Denton The Caty of Connth would hke to contract with the C~ty of Denton to receive emergency
medical services for ars c~tlzens Pursuant to Chapter 774 of the Tex Health and Safety Code
(Vernon 1992) and the Interloeal Cooperation Act, Tex Gov't Code Ann §791 001, et seq,
(Vernon 1994), a city may contract to prowde emergency medical services to the county or another
city
WHEREAS, both the City of Denton and the City of Connth have the anthonty to perform
the services set forth m this Agreement mdlwdually and m accordance with Tex Gov't Code Ann
§791 011(e)(2), and
WHEREAS, the City of Connth will make all payments for services out of available current
revenues and the C~ty of Denton agrees that the payments made by the Caty o£ Connth hereunder
will fairly compensate it for the serwees performed, NOW, THEREFORE,
WITNESSETH
Agreement
Tbas Agreement ~s made on the~day of ~ 1999, between the Caty of Denton,
Texas ("Denton"), and the C~ty of Corinth ("Connth")
The parties agree as follows
1. Definitions Emergency Medical Serwces or E M S means personnel and ground
transportation vetucles used to respond to an mdlvldual's perceived need for ammediate medical
care and to prevent death or aggravatton of physiological or psychological illness or ~njury
2. Denton to Prowde EMS to Corinth Denton shall provade emergency medical
serwces to Connth m response to requests for emergency medical services m accordance w~th this
Agreement All requests for emergency medical services for persons residing m the corporate
hmlts of Connth shall be commumcated to Denton in the manner specified by Denton
3 Diseretaon in Providing E.M.S. Cormth understands that Denton must also
respond to requests for emergency medical servaees for persons in Denton and that Denton has
other contracts to provade emergency medical serwees to other entrees Denton shall have the sole
right and chscretlon, w~thout being in breach of th~s Agreement and without habthty to Corinth, to
determine
(a) Whether or not to respond to a request for medical emergency service,
PAGE 1
(b) Whether and when personnel or equipment are avmlable to respond to a request
for emergency medacal service,
(c) The order is wbach to respond to a request for emergency medmal service, and
(d) The t~me m whmh to respond to a request for emergency medical service
4. Service Fee In consaderat~on for providing emergency medical services to Connth,
Connth agrees to pay to Denton $73,200 00 for fiscal year 1999-2000 based on a populataon of
9,150 mul~aplled by $8 00 The populatmn figure used is contained in the latest edmon of the North
Central Texas Council of Governments esnmate for January 1, 1999 The annual payment shall be
paid to Denton in equal quarterly payments on or before October 1, January 1, April l, and July l,
of each armual term Denton may, after g~vlng prior notice, suspend service to Corinth dunng any
period of time Corinth is delinquent m the payment of any undasputed service fee
5 Patient Charges In addmon to the servace fee paid by Connth, Denton may charge and
collect fi:om persons provaded emergency medical services, the patient fees established by ordi-
nance of Denton
6. Governmental Immunity Not Waived Neither Denton nor Connth waives, nor shall
be deemed hereby to wmve, any lmmumty or defense that would otherwise be avmlable to it against
elmms made or arising from any act or omission resulnng from this Agreement
7 Term The term of this Agreement shall be in one-year increments, beginning on
October 1, 1999 and contlnuang to September 30 of the following year and thereafter from year to
year until terminated m accordance with tins Agreement
8 Termination; Default Either party may terminate this Agreement at any time wathout
cause by gtvmg 90 days advance nonce ~n writing to the other, specifying the date of termination
If either p~ty breaches a prows~on of tlus Agreement, the other party shall g~ve the defaulting party
written notice of the default Should the defaulting party fall to correct the default within tlurty
days of the date nonce of default ~s sent, the other party may declare the Agreement terminated
Corinth shall be liable to Denton pro rata for the payment of emergency medical services prowded
up to the date of tenmnatlon
9 Notaees All nonces sent under this Agreement shall be mmled, postage prepmd, to the
respective addresses, as follows
To Denton To Connth
City Manager Mayor
City of Denton City of Connth
215 E McKanney 2003 S Connth Street
Denton, Texas 76201 Connth, Texas 76205
10, Agreement Not for Benefit of Tinrd Parties Tlus Agreement as not intended and
shall not be construed to be for the benefit of any individual or create any duty on Denton to any
PAGE 2
third party
11. Assignment Neither party shall asmgn th~s Agreement except upon the prior written
consent of the other
12 Venue. Venue of any stat or cause of action under tins Agreement shall he exclumvely
~n Denton .County, Texas Thru Agreement shall be construed ~n accordance w~th the laws of the
State of Texas
CITY OF DENTON, TEXAS
BY JA~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
/
,,".' i~ COb;'",,,
.,'~ '" ...... :76 "- CITY OF CORINTH
_
-. · . = ~AYOR--
~ : .g
ATTEST %, r~'Xt~$ ,,,,'"'
SECRETARY
PAGE 3