1998-054AN 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
SI~CTION I. That the City Council of the City 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 incorporated by reference herein, and the Mayor, or in his
absence the Mayor Pro Tem, is hereby authonzed to execute said Agreement on behalf of the
City
SECTION II. That this ordinance shall become effective lmmethately upon its passage
and approval
PASSED AND APPROVED this the ,~--~ day of ~'~ , 19dig
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE
BETWEEN THE CITY OF DENTON AND
THE CITY OF CORINTH
Recitals
The C~ty of Denton currently pmmdes emergency mechcal serwces to the citizens of
Denton The C~ty of Connth would hke to contract with the C~ty of Denton to recelve emergency
medmal s~rwces for ~ts mt~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 city may contract to proxade emergency mechcal services to the county or
another o~ty
WHEREAS, both the C~ty of D~ton and the C~ty of Connth have the authority to perform
the services set forth m ti'ns Agreement mchmdually and m accordance w~th TEX GOV'T CODE
ANN {}791 011(c)(2), and
WHEREAS, the C~ty 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 City of Connth hereunder
will fmrly compensate ~t for the services performed, NOW, THEREFORE,
WlTNESSETH
Agreement
This Agreement is made on the~--day of ~a~_, 199~, between the City of Denton,
Texas ("Denton"), and the C~ty of Corinth ("Corinth")
The pames agree as follows
1 Defimtmns Emergency Medical Services or E M S means personnel and ground
transportation vehicles used to respond to an mdawdual's perceived need for ~mmedmte medical
care and to prevent death or aggravatton of physiological or psychologmal dlness or injury
2 Denton to Provide EMS to Corinth Denton shall prowde emergency medical
servmes to Connth m response to requests for emergency medical services m accordance w~th flus
Agreement All requests for emergency medical services for persons residing m the corporate
hm~ts of Connth shall be commumcated to Denton m the manner specffied by Denton
3 Discretion m Providing E M.S. Connth understands that Denton must also
respond to requests for emergency medmal services for persons in Denton and that Denton has
other contracts to prowde emergency medmal services to other ent~t~es Denton shall have the sole
right and rhscretmn, w~thout being m breach of thts Agreement and w~thout habthty to Connth, to
determine
(a) Whether or not to respond to a request for mechcal emergency sermce,
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(b) Whether end when personnel or eqmpment are available to respond to a request
for emergency medical service,
(c) The order is which to respond to a request for emergency mecheal service, end
(d) The t~me m which to respond to a request for emergency medical servace
4. Service Fee In ennslderat~on for prowdmg emergency medacal services to Corinth,
Cormth agrees to pay to Denton an annual sum during each year of this Agreement detenmned by
multiplying the populatmn m Corinth by five dollars and seventy-five cents (5,300 x $5 75 =
$30,475 -icurrent estnnate) The populataon figure used shall be that contained m the latest edltmn
of the North Central Texas Council of Government's Regtonal D~rectory The annual payment
shall be p~d to Denton an equal quarterly payments on or before October 1, Jenuary 1, April 1, end
July 1, or, each annual term Denton may, after giving prior notice, suspend service to Connth
during any period of tame Corinth ~s delmquent m the payment of any undisputed service fee
5. Patient Charges In addaUon to the serwce fee paid by Cormth, Denton may charge end
collect from persons provided emergency medxcal services, the patient fees estabhshed by ordi-
nance of Denton
6 Governmental Immunity Not Wmved Neither Denton nor Cormth waives, nor shall
be daeme~ hereby to waive, eny tmmumty or defense that would otherwise be available to it against
claims made or arising from eny act or omassion resultmg from fins Agreement
7 Term The term of this Agreement shall be m one-year increments, beginning on
October 1, 1997 end eontmtnng to September 30 of the followmg year end thereafter from year to
year unttl ~e~i~matad an aecordence w~th t/us Agreement
8. Termination; Default E~ther party may terminate this Agreement at any t~me without
cause by gawng mnety (90) days advence not~ee m writing to the other, specifying the date of teml~-
nat~on If e~ther party breaches a prows~on of tins Agreement, the other party shall give the
defaulting party written notice of the default Should the defaulting party fall to correct the default
w~thin thirty days of the date notxee of default is sent, the other party may declare the Agreement
termmate~l Corinth shall be liable to Denton pm rata for the payment of emergency mechcal ser-
wces pm~hded up to the date oftermmatmn
9. I Notices All notices sent under this Agreement shall be mailed, postage prepaid, to the
respect~v~ addresses, as follows
To Denton To Connth
City Menager
City of Denton
215 E McKanney
Denton, Texas 76201
10. Agreement Not for Benefit of Third Partaes This Agreement ~s not intended end
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shall not be construed to be for the benefit of any individual or create any duty on Denton to any
third party
11. Assignment Neither party shall assign flus Agreement except upon the prior written
consent of the other
12. Venue. Venue of any suit or cause of acUon under this Agreement shall he exclusively
in Denton County, Texas TI-ns Agreement shall be consU'ued in accordance w~th the laws of the
State of Texas
EXECUTED on the ,,~day of ,~,,~ ,199 ~
CITY OF DENTON, TEXAS
BY ~~' ~.
JA
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPR&D AS ~ LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
~,,_'~' '1~ 00,6['% CITY OF CORINTH
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