1999-362 ORDIN CE NO c?-J A
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
~ That the C~ty Council of the Cay of Denton hereby approves an Interlocal
Agreement for Ambulance Service between the C~ty of Denton and the C~ty of Ponder, a copy of
which ~s attached hereto and incorporated by reference herem, and the Mayor, or m hm absence
the Mayor Pro Tem, ~s hereby authorized to execute smd Agreement on behalf of the C~ty
~ That th~s ordinance shall become effective mm~edmtely upon its passage
and approval
PASSED AND APPROVED th~s the ff-'~-~g day of~, 1999
JA~I~IILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APP~V~'; ~S TO LE;~L FORM
INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE
BETWEEN THE CITY OF DENTON AND
THE CITY OF PONDER
Recitals
The City of Denton currently pmvades emergency mechcal services to the c~t~zens of
Denton The C~ty of Ponder would hke to contract w~th the City of Denton to reeeave emergency
medical services for ~ts e~t~zens 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 e~ty may contract to prowde emergency medical services to the county or another
c~ty
WHEREAS, both the C~ty of Denton and the C~ty of Ponder have the authority to perform
the services set forth m flus Agreement mchwdually and m accordance w~th Tex Gov't Code Ann
§791 011(¢)(2), and
WHEREAS, the C~ty of Ponder will make all payments for serv~cas out of available current
revenues and the C~ty of Denton agrees that the payments made by the C~ty of Ponder hereunder
will fairly compensate ~t for the servaces performed, NOW, THEREFORE,
WITNESSETH
Agreement
Tlus Agreement ~s made on the IC~day of ~L~, 1999, between the C~ty of Denton,
Texas ("Denton"), and the C~ty of Ponder ("Ponder") '~
The parties agree as follows
1. Definitions Emergency Medical Services or E M S means personnel and ground
transportatmn vebacles used to respond to an and~wdual's perceived need for Immediate mecheal
care and to prevent death or aggravatton of physiological or psychological illness or injury
2 Denton to Provide EMS to Ponder Denton shall provide emergency medical
services to Ponder m response to requests for emergency medical services ~n accordance w~th th~s
Agreement All requests for emergency medical sennces for persons resadmg m the corporate
hnnts of Ponder shall be commumcated to Denton m 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 m Denton and that Denton has
other contracts to prowde emergency mechcal services to other ent~t~es Denton shall have the sole
right and d~scret~on, without being m breach of tins Agreement and w~thout hablhty to Ponder, to
detenmne
(a) Whether or not to respond to a request for medical emergency service,
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(b) Whether and when personnel or eqtupment are available to respond to a request
for emergency mechcal sennce,
(c) The order as wbach to respond to a request for emergency medaeal serwce, and
(d) The tame m wlueh to respond to a request for emergency mechcal service
4. Service Fee In eonsaderataon for provadang emergency medical services to Ponder,
Ponder agrees to pay to Denton the sum of $3,936 for fiscal year 1999-2000 based on a populataon
of 492 multaphed by $8 00 The populatmn figure used as based on a 6 63% increase for Denton
County coatamed m the latest echtmn of the North Central Texas Council of Governments estimate
for January 1, 1999 The annual payment shall be paid to Denton m equal quarterly payments on or
before October 1, January l, April 1, and July 1, of each annual term Denton may, afier glwng
prior notice, suspend serwce to Ponder dunng any period of t~me Ponder as delinquent m the
payment of any uuchsputed serwce fee
5. Patient Charges In adcht~on 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 Danton
6. Governmental Immunity Not Waived Neither Denton nor Ponder waives, nor shall
be deemed,hereby to waive, any mnnunlty or defense that would otherwise be avafl0ble to ~t against
claims made or arising from any act or om~sslon resultmg from tins Agreement
7. Term The term of fins Agreement shall be in one-year increments, beginning on
October 1, 1999 and continuing to September 30 of the following year and thereatter from year to
year until terminated m accordance with fins Agreement
8. Terralnation; Default E~ther party may terminate thas Agreement at any tame w~thout
cause by giwng 90 days advance not~ee in writing to the other, speeafy~ng the date of terminataon
If e~ther party breaches a provisaon of fins Agreement, the other party shall g~ve the defaulting party
written notace of the default Should the defaulting party fail to correct the default Wlfinn thirty
days of the date notaee of default ~s sent, the other party may declare the Agreement terminated
Ponder shall be liable to Denton pro rata for the payment of emergency medical services provaded
up to the date of termmaUon
9. Notices All notaees sent under this Agreement shall be mmled, postage prepmd, to the
respective addresses, as follows
To Denton To Ponder
C~ty Manager Mayor
C~ty of Denton C~ty of Ponder
215 E McKanney P O Box 297
Denton, Texas 76201 Ponder, Texas 76259
10 Agreement Not for Benefit of Third Parties This Agreement as not ~ntended and
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shall not be construed to be for the benefit of any mchvldual or create any duty on Denton to any
third party
11. Assignment Neither party shall assign ttus Agreement except upon the prior written
consent of the other
12. Venue. Venue of any stat or cause ofaetmn under flus Agreement shall lie exclusively
in Denton County, Texas Ttus Agreement shall be construed in accordance with the laws of the
State of Texas
EXECUTED on the ~ dayof ~_/~./~ ,1999
CITY OF DENTON, TEXAS
BY JA~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
CITY OF PONDER
ATTEST
SECRi~.TARY
F 'sharecM~XLGL~Our Doe~a~ts~Contraeux99~mlml~nee contract-ponder doe
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