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
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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,~
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