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1998-058AN 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 City Council of the CRy of Denton hereby approves an Interlocal Agreement for Ambulance Service between the C~ty of Denton and the CRy of Ponder, a copy of which is attached hereto and incorporated by reference herein, and the Mayor, or m h~s absence the Mayor Pro Tem, ~s hereby authorized to execute smd Agreement on behalf of the C~ty S]~CTION II. That this ordinance shall become effectlve ~mmechately upon ~ts passage and approval PASSED ~'~ APPROVED th~s the ,~ -~ day of JAC~ ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF PONDER Recitals The City of Denton currently pmvldas emergency medmal services to the CltlZerls of Denton The City of Ponder would like to contract with the City of Denton to receive emergency medmal services for its citizens 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 c~ty may contract to provide emergency merhcal services to the county or another WHEREAS, both the City of Denton and the City of Ponder have the anthonty to perform the services set forth m tins Agreement md~xadually and ~n accordance w~th TEX GOV'T CODE ANN §791 011(c)(2), and WHEREAS, the City of Ponder will make all payments for services out of available current revenues and the City of Denton agrees that the payments made by the City of Ponder hereunder will fmrly~compensate it for the services performed, NOW, THEREFORE, WlTNESSETH Agreement Texas ("Denton"), and the City of Ponder (''Ponder'') The parties agree as follows 1. Definitions Emergency Medacal Services or E M S means personnel and ground transportatton vehicles used to respond to an md~vldual's perceived need for immediate mechcal care and to prevent death or aggravatmn of physiological or psychological illness or injury 2. Denton to Provide EMS to Ponder. Denton shall provide emergency me{heal sermees to Ponder m response to requests for emergency medical services m accordance vnth flus Agreement All requests for emergency mechcal services for persons residing in the corporate limits of Ponder shall be commumcated to Denton in 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 provide emergency medical services to other ent~t~es Denton shall have the sole right and Ichseretlon, without being in breach of flus Agreement and w~thout hablhty to Ponder, to determme (a) Whether or not to respond to a request for mechcal emergency servme, PAOE 1 (b) Whether and when personnel or eqmpment are av~ulable to respond to a request for emergency medical serwce, (c) The order is which to respond to a request for emergency medical service, and (d) The t~me m which to respond to a request for emergency medical service 4. Service Fee In eons~deratton for provachng emergency medical services to Ponder, Ponder agrees to pay to Denton an annual sum during each year of tins Agreement determined by multiplying the populalaon m Ponder by five dollars and seventy-five cents (432 x $5 75 = $2,484 00 - current esUmate) The population figure used shall be that contained in the latest edl- t~onofthelNorthCentralTexasCouneflofGovemment'sReg~onalDtrectory The anunal payment shall be paid 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~vlng prior not, ce, suspend service to Ponder dunng any period of tune Ponder is delinquent in the payment of any undleputed service fee 5 Patient Charges In ad&tmn to the service fee paid by Ponder, Denton may charge and eolleet fi:om persons provided emergency me&cal services, the patient fees established by orch- nance of Denton 6 Governmental Immunity Not Waived Neither Denton nor Ponder waives, nor shall be deemed hereby to waive, any lmmumty or defense that would otherwise be available to it against claims made or arising fi:om any act or ounsalon resulting from tins Agreement 7. Term The term of this Agreement shall be m one-year merements, begumlng on October 1, 1997 and conUnmng to September 30 of the following year and thereafter fi:om year to year until terminated in accordance w~th this Agreement 8. Termination; Default E~ther party may terminate this Agreement at any t~me w~thout cause by gnvmg ninety (90) days advance notice m wnt~ng to the other, specifying the date of tenm- nat~on If either party breaches a provision of this Agreement, the other party shall g~ve the defaultmg party written notice of the default Should the defaulting party fall to correct the default within thirty days of the date not,ce of default is sent, the other party may declare the Agreement terminated Ponder shall be liable to Denton pro rata for the payment of emergency medical ser- vices provided up to the date of termination 9 Notices All notices sent under flus Agreement shall be mailed, postage prepmd, to the respective addresses, as follows To Denton To Ponder City Manager Mayor City of Denton City of Ponder 215 E McKumey P O Box 297 Denton, Texas 76201 Ponder, Texas 76259 10. Agreement Not for Benefit of Third Paraes This Agreement is not intended and PAGE 2 shall not be construed to be for the benefit of any mdlwdual or create any duty on Denton to any third party 11 Assignment Neither party shall assign flus Agreement except upon the prior wntten consent of the other 12. Venue. Venue of any suit or cause of action under tins Agreement shall lie exclusively tn Denton County, Texas Ttus Agreement shall be construed in accordance w~th the laws of the State of Texas EXECUTED on the ~ ~dayof ~ ,199 ~ CITY OF DENTON, TEXAS , BY JAC ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY CITY OF PONDER ATTEST,~ PAGE 3