1998-059 O V ANCENO
AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER FOR AMBULANCE
SERVICES, AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. 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 City of Sanger, a copy of
which ~s attached hereto and incorporated by reference hereto, and the Mayor, or m h~s absence
the Mayor Pro Tem, ~s hereby authorized to execute saad Agreement on behalf of the C~ty
~ That th~s orchnance shall become effecUve immediately upon ~ts passage
and approval
PASSED APPROVED the dayof .,19¢;
JACK~ER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS~O L~GAL FORlVl
HERBERT L PROUTY, CITY ATTORNEY
INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE
BETWEEN THE CITY OF DENTON AND
THE CITY OF SANGER
Recitals
The C~ty of Denton currently promdes emergency medical services to the c~t~zens of
Denton The C~ty of Senger would ltke to contract with the C~ty of Denton to receive emergency
medmal s~'mees for its mt~zens Pursuant to Chapter 774 of the TEX HEALTH AND SAFETY
CODE (Vernon 1992) and the Interloeal Cooperatmn Act, TEX GOV'T CODE ANN §791 001, et
seq, (Vernon 1994), a c~ty may contract to prowde emergency medmal servmes to the county or
another c~ty
WHEREAS, both the C~ty of Denton and the City of Sanger have the authority to perform
the serwccs set forth ~n th~s Agreement individually and ~n accordance w~th TEX GOV'T CODE
ANN §791 011¢)(2), and
WHEREAS, the C~ty of Sanger will make all payments for services out of avmlable current
revenues and the C~ty of Denton agrees that the payments made by the C~ty of Sanger hereunder
will fmrly compensate ~t for the services performed, NOW, THEREFORE,
WITNESSETH
Agreement
This Agreement is made on the,..g~day of//~_~ 199._~, between the City of Denton,
Texas ("Denton"), and the City of Sanger ("Sanger")
The parties agree as follows
1 Deflmt~ons Emergency Medmal Servmes or E M S means personnel and ground
transportation vehicles used to respond to an md~wdual's perceived need for lmmed~ate me(heal
care and to prevent death or aggravation ofphyslologmal or psychologmal dlness or injury
2 Denton to Prowde EMS to Sanger Denton shall pmwde emergency medical
servmes to Sanger m response to requests for emergency medical services m accordance voth th~s
Agreement All requests for emergency merheal servmes for persons residing m the corporate
hnuts of Sanger shall be eommumcated to Denton m the manner specffied by Denton
3 Discretion m Providing E.M S Sanger understands that Denton must also
respond to requests for emergency medmal services for persons ~n Denton and that Denton has
other contracts to prowde emergency medical serwces to other ent~tms Denton shall have the sole
right and,dtseretaon, w~thout being m breach of thru Agreement and w~thout habthty to Sanger, to
determme
(a) Whether or not to respond to a request for mechcal emergency sermce,
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(b) Whether and when personnel or equipment are available to respond to a request
for emergency medical serwce,
(c) The order as winch to respond to a request for emergency mechcal service, and
(d) The t~me m winch to respond to a request for emergency mechcal service
4. Service Fee In eOnslderataon for prowdmg emergency mechcal serwees to Sanger,
Sanger agrees to pay to Denton an annual sum during each year of flus Agreement detenmned by
multiplying the populataon m Sanger by five dollars and seventy-five cents (4,150 x $5 75 =
$23,862 50 - current estimate) The population figure used shall be that contmned m the latest edl-
tlonoftheNorthCentralTexasCouncflofGovemment'sReg~onaID~rectory The annual payment
shall be prod to Denton m equal quarterly payments on or before October 1, January 1, Apnl l, and
July 1, of each annual term Denton may, after g~vmg prior not,ce, suspend service to Sanger
dunng any period of time Sanger is dehnquent m the payment of any undisputed serwce fee
5. Patient Charges In addition to the service fee paid by Sanger, Denton may charge and
collect from persons provided emergency medical services, the patient fees established by ordi-
nance of Danton
6. Governmental Immumty Not Waived Neither Denton nor Sanger waives, nor shall
be deemed hereby to waive, any lmmumty or defense that would otherwise be available to a against
clauns made or arising fitom any act or onuss~on resulUng from flus Agreement
7. Term The term of flus Agreement shall be m one-year increments, begmmng on
October 1, 1997 and continuing to September 30 of the following year and thereafter from year to
year until terminated m accordance with tins Agreement
8. Termination; Default Either party may terminate flus Agreement at any time without
cause by giving ninety (90) days advance not~ee m wntmg to the other, specifying the date of termi-
nat~on If either party breaches a prowslon of flus Agreement, the other party shall give the
defaulting party written notice of the default Should the defaulting party fail to correct the default
wiflun thn~ days of the date notice of default is sent, the other party may declare the Agreement
terminated Sanger shall be liable to Denton pro rata for the payment of emergency medical ser-
vices prowded up to the date of termination
9. Notices All notices sent under flus Agreement shall be marled, postage prepaid, to the
respect~v~ addresses, as follows
To Denton To Sanger
City Manager
City of Denton
215 E McKmney
Denton, Texas 76201
10 Agreement Not for Benefit of Third Part, es Tins Agreement is not intended and
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shall not be construed to be for the benefit of any individual or create any duty on Denton to any
tinrd party
11. Assignment Neither party shall assign tins 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
m Denton County, Texas Tins Agreement shall be construed in accordance w~th the laws of the
State of Texas
EXECUTED onthe .~ -- dayof /~,~(f~ , 199 g
CITY OF DENTON, TEXAS
BY JA~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPRO~D ~S g LE;AL FORM
HERBERT L PROUTY, CITY ATTORNEY
CITY OF SANGER
ATTEST ~~~:~
SECRETARY "%
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