1998-304AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR AMBULANCE
SERVICES, AND DECLARING AN EFFECTWE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. That the City Council of the C~ty of Denton hereby approves an Interlocal
Agreeme~lt for Ambulance Service between the C~ty of Denton and the City of Connth, a copy
of which ~s attached hereto and incorporated by reference here~n, and the Mayor, or ~n hm
absence the Mayor Pro Tern, ~s hereby authorized to execute smd Agreement on behalf of the
Cay
SECTION II. That th~s ordinance shall become effective ~mmedmtely upon ~ts passage
and approval
PASSED AND APPROVED thm the ~)~ dayof ~-~" ,19 ~}~
JACK~LLER, MAYOR
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 City of Denton currently prowdes emergency medmal services to the mt~zens of
Denton The Oty of Corinth would like to contract w~th the Oty of Denton to receive emergency
medical scycvlees for ~ts c~t~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 city may contract to prowde emergency medical services to the county or
~other
WHEREAS, both the City of Denton and the Oty of Connth have the authority to perform
the services set forth m tins Agreement ~nchwdually and in accordance with TEX GOV'T CODE
ANN §791 011(c)(2), and
WHEREAS, the City of Corinth will make all payments for services out of avmlable current
revenues and the Cxty of Denton agrees that the payments made by the City of Connth hereunder
wall fmrly compensate ~t for the services performed, NOW, THEREFORE,
WlTNESSETH
Agreement
it'
Tins Agreement ~s made on the ~ --'Jtflday of~g', 199~, between the Oty of Denton,
Texas ("Denton"), and the C~ty of Connth ("Corinth")
The parties agree as follows
1. Definitions Emergency Mechcal Services or E M S means personnel and ground
transportataon veincles used to respond to an lnd~wdual's perceived need for ~mmedaate medical
care and to prevent death or aggravation ofphys~ologmal or psychological illness or injury
2. Denton to Provide EMS to Corinth Denton shall provide emergency medical
servmes to Connth m response to requests for emergency mechcal servmes m accordance with tins
Agreement All requests for emergency medical services for persons residing m the corporate
hnuts of Connth shall be eommumcated to Denton in the manner specified by Denton
3 Discretion In Providing E.M.S, Connth understands that Denton must also
respond to requests for emergency medical services for persons m Denton and that Denton has
other contracts to prowde emergency medical services to other entrees Denton shall have the sole
right and dlseretmn, w~thout being in breach of tins Agreement and w~thout habd~ty to Connth, to
determine
(a) Whether or not to respond to a request for medical emergency se~vme,
PAGE 1
(b) Whether and when personnel or eqmpment are available to respond to a request
for emergency medical servaee,
(c) The order is winch to respond to a request for emergency medical service, and
(d) The t~me m winch to respond to a request for emergency methcal servace
4. 8ermee Fee In conslderataon for providing emergency medical services to Connth,
Corinth agrees to pay to Denton an annual sum dunng each year of thas Agreement detenmned by
multaplymg the population an Connth by SlX dollars and fifty cents ($6 50) The population figure
used shall be the North Central Texas Council of Government's estamate for January 1, 1998 The
annual payment shall be pard 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 gawng prior notice, suspend
servme to Connth during any period of time Connth is delinquent an the payment of any nnthsputed
service fee
5. Patient Charges In addatmn to the servace fee paid by Connth, Denton may charge and
collect from persons provided emergency methcal servaces, the patient fees established by ordi-
nance of Denton
6 Governmental Immunity Not Waived Neither Denton nor Connth waives, nor shall
be deemed hereby to wmve, any ammumty or defense that would otherwise be avmlable to it agmnst
claims made or arising from any act or omasslon resulting from thas Agreement
7. Term The term of thts Agreement shall be m one-year anerements, beglnnang on
October 1, 1998 and continuing to September 30 of the following year and thereafter from year to
year until terminated an accordance with fins Agreement
8 Ternunaflon; Default Either party may ternnnate th~s Agreement at any time without
cause by giving mnety (90) days advance notice in writing to the other, specafyang the date of termi-
nation If either party breaches a provision of fins Agreement, the other party shall give the
defaulting party written notme of the default Should the defaultang party fad to correct the default
wltfinn thirty days of the date notice of default is sent, the other party may declare the Agreement
termmated Connth shall be hable to Denton pro rata for the payment of emergency medmal ser-
vines provided up to the date of termination
9 Notices All notices sent under this Agreement shall be mtuled, postage prepmd, to the
mspecUve addresses, as follows
To Denton To Connth
City Manager
City of Denton
215 E McI4hnney
De,ton, Texas 76201
10. Agreement Not for Benefit of Third Parties This Agreement as not intended and
PAGE 2
shall not be construed to be for the benefit of any m&vldual or create any duty on Denton to any
third party,
11. Assignment Neither party shall assign this Agreement except upon the prior written
consent o~the other
12. Venue. Venue of any suit or cause of acUon under this Agreement shall he exclumvely
in Denton County, Texas Tlus Agreement shall be construed m accordance with the laws of the
State of Texas
CITY OF DENTON, TEXAS
JACI,~I~LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBER~T L PROUTY, CITY ATTORNEY
'%'"'"'"' / MAYOR
sECRETARY
PAOE 3