1999-424AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS 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 Interlocal
Agreement for Ambulance Service between the C~ty of Denton and the C~ty of Lake Dallas, a
copy of which ~s attached hereto and incorporated by reference here~n, and the Mayor, or m h~s
absence the Mayor Pro Tern, is hereby authorized to execute smd Agreement on behalf of the
C~ty
~ That th~s ordinance shall become effective ~mmedmtely upon ~ts passage
and approval
PASSED AND APPROVED thlsthe /~5~ day of~~.~, 1999
JAC M~ER, MXYoR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE
BETWEEN THE CITY OF DENTON AND
THE CITY OF LAKE DALLAS
Recitals
The City of Denton currently provides emergency medical services to the citizens of
Denton The City of Lake Dallas would like to contract w~th the City of Denton to receive
emergency methcal services for its c~tlzens 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 pro,nde emergency medical services to the county or another
c~ty
WHEREAS, both the C~ty of Denton and the City of Lake Dallas have the authority to
perform the services set forth m this Agreement mdlvldually and in accordance w~th Tex Gov't
Code Ann §791 011(c)(2), and
WHEREAS, the C~ty of Lake Dallas will make all payments for services out of available
current re][enues and the City of Denton agrees that the payments made by the City of Lake Dallas
hereunder, will fairly compensate it for the services performed, NOW, THEREFORE,
WlTNESSETH
Agreement
~ ~ ....... 1999,
Tins Agreement ~s made on the -day of~x between the City of Denton,
Texas ("l~enton"), and the C~ty of Lake Dallas ("Lalde Dallas ) The pames agree as follows
1 ~ Deflnitmns Emergency Me&cai Servmes or E M S means personnel and ground
transportation vehicles used to respond to an lnd~wdual's perceived need for ~mme&ate medical
care and to prevent death or aggravation of physlologmal or psychological illness or mjury
2.1 Denton to Prowde EMS to Lake Dallas Denton shall provide emergency medical
services to Lake Dallas m response to requests for emergency medical services in accordance with
tins Agreement All requests for emergency merhcal services for persons reslthng in the corporate
hnnts of Lake Dallas shall be commumcated to Denton m the manner specified by Denton
3. D~seretion m Prowding E M.S Lake Dallas understands that Denton must also
respond Io requests for emergency medical sermces for persons ~n Denton and that Denton has
other cor~tracts to provide emergency medical services to other entitles Denton shall have the sole
right and dascretmn, vathout bemg m breach of this Agreement and wnthout habthty to Lake Dallas,
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 available to respond to a request
for emergency medical service,
(c) The order is winch to respond to a request for emergency medical serwce, and
(d) The tune in winch to respond to a request for emergency medical service
4. Service Fee In consideration for providing emergency me&cai services to Lake Dallas,
Lake Dallas agrees to pay to Denton an annual sum of $47,200 for fiscal year 1999-2000 based on a
population of 5,900 multiplied by $8 00 The population figure used is contained in the latest edi-
tion of the North Central Texas Council of Governments estimate for January 1, 1999 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 g~vmg prior notice, suspend servme to
Lake Dallas dunng any period of tmae Lake Dallas is delinquent in the payment of any undisputed
service fee
5 Patient Charges In adchtlon to the service fee pad by Lake Dallas, Denton may charge
and collect from persons provided emergency medical services, the patient fees established by ordi-
nance of Denton
6 Governmental Immumty Not Waived Neither Denton nor Lake Dallas waives, nor
shall be deemed hereby to wmve, any immunity or defense that would otherwise be avmlable to it
agmnst claims made or arising from any act or omission resulting fi:om tins Agreement
7. I Term The term of flus Agreement shall be m one-year increments, beginning on
October I' 1999 and continuing to September 30 of the following year and thereafter from year to
year nntl~termlnated m accordance with this Agreement
8 i Termmaflon; Default Either party may terminate tins Agreement at any time without
cause by giving 90 days advance notice in writing to the other, specifying the date of termination
If either party breaches a prowsion of ttus Agreement, the other party shall give the defaulting party
written notice of the default Should the defaulting party fail to correct the default wltinn tinrty
days of the date notice of default is sent, the other party may declare the Agreement terminated
Lake Da~tas shall be liable to Denton pro rata for the payment of emergency medical services
provlded~ti~ to the date of termination
9. Notices All notices sent under tins Agreement shall be mmled, postage prepaid, to the
respective addresses, as follows
To Denton
To Lake Dallas
City Manager
City of Denton
21~E McKmney
Dlnton, Texas 76201
10~
Mayor
City of Lake Dallas
P O Box 368
Lake Dallas, Texas 75065
Agreement Not for Benefit of Third Parties Tins Agreement IS not intended and
PAGE 2
shall not be construed to be for the benefit of any ~nthwdual or create any duty on Denton to any
third party
11. Assignment Neither party shall assign th~s Agreement except up6n the prior written
consent of the other
12. Venue. Venue of any suit or cause ofactmn under th~s Agreement shall he exclusively
m Denton County, Texas Tlus Agreement shall be construed m accordance wtth the laws of the
State of Texas
EXEC ED on the / 4h dayof , 999
CITY OF DENTON, TEXAS
BY
JACK~
ATTEST,
JENNIFER WALTERS, CITY SECRETARY
nPf o /
yED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
ATTESr
BY 9
SE(
PAGE 3
CITY OF LAKE DALLAS