1999-392AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF SHADY SHORES FOR
AMBULANCE SERVICES, AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the C~ty Council of the C~ty of Denton hereby approves an Imerlocal
Agreement for Ambulance Service between the C~ty of Denton and the C~ty of Shady Shores, a
copy of wluch ~s attached hereto and incorporated by reference herein, and the Mayor, or ~n h~s
absence the Mayor Pro Tem, ~s hereby authorized to execute smd Agreement on behalf of the
C~ty
~ That th~s ordinance shall become effecUve ~mme&ately upon ~ts passage
and approval
PASSED PROVED Us
-- day of /,/~r'~/~ , 1999
JACI~ER, MAYOR
ATTEST
JENNIFI~R WALTERS, CITY SECRETARY
APP VED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE
BETWEEN THE CITY OF DENTON AND
THE CITY OF SHADY SHORES
Recitals
The City of Denton currently prowdes emergency medical services to the citizens of
Denton The C~ty of Shady Shores would like to contract with the City of Denton to receive
emergency medical services for ~ts citizens 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
WHEKEAS, both the C~ty of Denton and the City of Shady Shores have the authonty to
perform the serwces set forth m tins Agreauent mdlvldually and m accordance with Tex Gov't
Code Ann §791 011(0(2), and
WHEREAS, the C~ty of Shady Shores will make all payments for services out of available
current revenues and the City of Denton a~rees that the payments made by the City of Shady
Shores hereunder will fairly compensate it for the services performed, NOW, THEREFOKE,
WITNESSETH
Agreement
Tins Agreement ns made on the '~ day of ~/:~ 1999, between the C~ty of Denton,
Texas ("Denton"), and the City of Shady Shores ("Shady Shores")
The part~es agree as follows
1 Definitmns Emergency Mechcal Services or E M S means personnel and ground
transportation velucles 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 mjury
2. Denton to Provide EMS to Shady Shores. Denton shall prowde emergency
medical services to Shady Shores m response to requests for emergency medical services m accor-
dance with flus Agreement All requests for emergency medical services for persons residing m the
corporate limits of Shady Shores shall be communtcated to Denton in the manner specified by
Denton
3. D~seret~on m Providmg E.M S. Shady Shores understands that Denton must also
respond to requests for emergency mexhcal services for persons ~n Denton and that Denton has
other contracts to provide emergency medical serwces to other entlt~es Denton shall have the sole
right and chscretlon, without being m breach of this Agreement and without habthty to Shady
Shores, 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 equipment are avmlable to respond to a request
for emergency medical service,
(c) The order ~s winch to respond to a request for emergency medical service, and
(d) The tune m winch to respond to a request for emergency medical service
4 Service Fee In consideration for prowding emergency medical servmes to Shady
Shores, Shady Shores agrees to pay to Denton the sum of $13,200 for fiscal year 1999-2000 based
on a population of 1,650 multlphed by $8 00 The population figure used is contained in the latest
edition of the North Central Texas Council of Governments estimate for January 1, 1999 The
annual payment shall be prod to Denton m equal quarterly payments on or before October 1,
January 1, April 1, and July 1, of each annual term Denton may, after g~wng prior not,ce, suspend
service to Shady Shores dunng any period of time Shady Shores is dehnquent in the payment of
any undisputed service fee
5 Patient Charges In adrhtaon to the serwce fee paid by Shady Shores, Denton may
charge and collect fi.om persons provided emergency medical services, the patient fees estabhshed
by ordinance of Denton
6. Governmental Immumty Not Wmved Neither Denton nor Shady Shores waives, nor
shall be deemed hereby to waive, any immunity or defense that would otherwise be avmlable to it
against claims made or arising from any act or omission resulting fi.om flus Agreement
7. Term The term of this Agreement shall be m one-year increments, beglnmng on
October 1, 1999 and continuing to September 30 of the following year and thereafter fi.om year to
year until terminated m accordance with tins Agreement
8 Termination; Default E~ther party may terminate this Agreement at any nme without
cause by giving 90 days advance notice in wnt~ng to the other, specifying the date of termination
If either party breaches a prowslon of this Agreement, the other party shall give the defaulting party
written not, ce of the default Should the defaulting party fail to correct the default w~than tinrty
days of the date notice of default is sent, the other party may declare the Agreement terminated
Shady Shores shall be hable to Denton pro rata for the payment of emergency medmal services
provided up to the date of termination
9. Notices All notices sent under th~s Agreement shall be mailed, postage prepmd, to the
respective addresses, as follows
To Denton To Shady Shores
C~ty Manager Mayor
City of Denton City of Shady Shores
215 E McKanney P O Box 362
Denton, Texas 76201 Lake Dallas, Texas 75065
PAGE 2
10. Agreement Not for Benefit of Third Parties Th~s Agreement ~s not intended and
shall not be construed to be for the benefit of any md~vtdual or create an), duty on Denton to any
third party
11 Assignment Neither party shall asmgn thts Agreement except upon the prior written
consent of the other
12. Venue. Venue of any stat or cause of action under flus Agreement shall he exclumvely
m Denton County, Texas Th~s Agreement shall be construed ~n accordance wgh the laws of the
State of Texas
EXECUTED on the ~-'r/~f dayof //f~/,/~/~g/f" ,1999
CITY OF DENTON, TEXAS
BY JAC~
ATTEST'
JENNIFER WALTERS, CITY SECRETARY
/
CITY OF SHADY SHORES
MAYOR
ATTEST
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