1999-391 ORDINANCE No qq- Sq/
AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER FOR AMBULANCE
SERVICES, AND DECLARING AN EFFECTWE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the C~ty Council of the C~ty of Denton hereby approves an Interlocal
Agreement for Ambulance Service between the C~ty of Denton and the C~ty of Sanger, a copy of
which ~s attached hereto and ~ncorporated by reference herren, and the Mayor, or m hm absence
the Mayor Pro Tern, m hereby authorized to execute smd Agreement on behalf of the C~ty
~ That th~s orchnance shall become effective ~mmedmtely upon ~ts passage
and approval
PASSED AND APPROVED this the ~/~ /~
-- day of b/~[ff~Y , 1999
JACK ]~ER, t~AYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
AP~V~ED ~S TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
/
INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE
BETWEEN THE CITY OF DENTON AND
THE CITY OF SANGER
Recitals
The City of Denton currently prowdes emergency medtcal services to the citizens of
Denton The City of Sanger would like to contract w~th the C~ty of Denton to receive emergency
mechcal scrmces for ~ts c~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 mty may contract to provide emergency medical services to the county or another
city
WHEREAS, both the City of Denton and the Cay of Sanger have the authority to perform
the services set forth ~n this Agreement ~nd~vldually and ~n accordance w~th Tex Gov't Code Ann
§791 011(c)(2), and
WHEREAS, the City of Sanger will make all payments for services out of avmlable current
revenues and the City of Denton agrees that the payments made by the City of Sanger hereunder
will fairly compensate it for the services performed, NOW, THEREFORE,
WlTNESSETH
Agreement
Tlus Agreement rs made on the~ -~/day of [l///)//~ff//~ff, 1999, between the Cxty of Denton,
Texas ("Denton"), and the City of Sanger ("Sanger")
The partxes agree as follows
I Deflmt~ons Emergency Medical Servmes or E M S means personnel and ground
transportatmn velucles used to respond to an ~ndawdual's perceived need for lmmedmte merhcal
care and to prevent death or aggravatmn of physmlogxcal or psychological illness or InJury
2 Denton to Provide EMS to Sanger. Denton shall provide emergency medical
serwces to Sanger m response to requests for emergency medmal services m accordance with this
Agreement All requests for emergency medical services for persons ms~dmg in the corporate
limits of Sanger shall be commumcated to Denton m the manner specified by Denton
3. Dlscretlon m Providing E M S. Sanger understands that Denton must also
respond to requests for emergency medmal serwces for persons in Denton and that Denton has
other contracts to provide emergency medical services to other ent~tles Denton shall have the sole
right and d~scretton, w~thout bemg m breach of th~s Agreement and without llablhty to Sanger, to
determine
(a) Whether or not to respond to a request for mechcal emergency service,
PAGE 1
(b) Whether and when personnel or eqmpment are avadable to respond to a request
for emergency medical service,
(c) The order is wluch to respond to a request for emergency medical service, and
(d) The tune in wluch to respond to a request for emergency medical service
4 Service Fee In cons~deratlon for providing emergency medical services to Sanger,
Sanger agrees to pay to Denton the sum of $41,600 for fiscal year 1999-2000 based on a population
of 5,200 multlphed by $8 00 The population figure used ~s contmned in the latest edition of the
North Central Texas Council of Governments estunate for January 1, 1999 The annual payment
shall be prod to Denton in equal quarterly payments on or before October 1, January 1, Apnl 1, and
July 1, of each annual term Denton may, after giving prior notice, suspend service to Sanger
dunng any period of time Sanger ~s dehnquent ~n the payment of any tmd~sputed service fee
5 Patient Charges In adcht~on to the service fee prod by Sanger, Denton may charge and
collect from persons prowded emergency medical services, the patient fees estabhshed by orda-
nance of Denton
6 Governmental Immumty Not Wmved Neither Denton nor Sanger waives, nor shall
be deemed hereby to wmve, any ~rrunnn~ty or defense that would otherwise be avmlable to it agatnst
clmms made or arising from any act or omission resulting from this Agreement
7 Term The term of this Agreement shall be ~n one-year increments, beg~umng on
October 1, 1999 and continuing to September 30 of the following year and thereafter from year to
year untal terminated m accordance w~th tins Agreement
8. Termination; Default Either party may terminate tins Agreement at any time without
cause by g~vlng 90 days advance notice m writing to the other, specifying the date of termination
If either party breaches a provm~on of this Agreement, the other party shall give the defaulting party
written not,ce of the default Should the defaulting party fall to correct the default w~thln thirty
days of the date notice of default is sent, the other party may declare the Agreement terminated
Sanger shall be hable to Denton pro rata for the payment of emergency medical services prowded
up to the date of termination
9. Notates All notmes sent under this Agreement shall be mmled, postage prepatd, to the
respective addresses, as follows
To Denton To Sanger
City Manager Mayor
C~ty of Denton City of Sanger
215 E McI~nney P O Box 578
Denton, Texas 76201 Sanger, Texas 76266
10. Agreement Not for Benefit of Third Parties Tbas Agreement is 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 Nmth~r party shall assign th~s Agreement except upon the prior written
consent of the other
12 Venue. Venue of any stat or cause of act;on under tNs Agreement shall he exclusively
m Denton County, Texas Tbas Agreement shall be construed ~n accordance wxth the laws of the
State of Texas
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
CITY OF SANGER