1998-307 O IN CENO q -zqo'/
AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS FOR
AMBULANCE SERVICES, AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ 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 C~ty of Lake Dallas, a
copy of which ~s attached hereto and incorporated by reference hereto, and the Mayor, or ~n h~s
absence the Mayor Pro Tem, ~s hereby authorized to execute sa~d Agreement on behalf of the
Cay
~ That th~s ordinance shall become effective ~mme&ately upon ~ts passage
and approval
,/
PASSED AND APPROVED tlus the ~ ~ dayof O~b~/~'--., 19 q~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
/7'
· !
APll~OVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
//
INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE
BETWEEN THE CITY OF DENTON AND
THE CITY OF LAKE DALLAS
Recitals
The Clty of Denton currently provides emergency medical serwces to the citizens of
Denton The City of Lake Dallas would like to contract with the City of Denton to receive
emergency medical sermces for its mtazens 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 prowde emergency medical services to the
county or another city
WHEREAS, both the City of Denton and the City of Lake Dallas have the authority to
perform the services set forth m th~s Agreement mdavldually and ~n accordance with TEX GOV'T
CODE ANN §791 011(c)(2), and
WHEREAS, the City of Lake Dallas will make all payments for services out of avmlable
current revenues and the City of Denton agrees that the payments made by the C~ty of Lake Dallas
hereunder will fmfly compensate it for the services performed, NOW, THEREFORE,
WlTNESSETH
Agreement
This Agreement is made on the ~_~day of ~ 199.~, between the City of Deuton,
Texas ("Denton"), and the City of Lake Dallas ("Lake Dallas")
The partaes agree as follows
1 Deflmtions Emergency Medical Services or E M S means personnel and ground
transportation vehicles used to respond to an individual's perceived need for lmmechate mechcal
care and to prevent death or aggravation of physiological or psychological illness or injury
2. Denton to Provide EMS to Lake Dallas. Denton shall provide emergency medical
services to Lake Dallas m response to requests for emergency medical services m accordance with
this Agreement All requests for emergency medmal services for persons reslchng m the corporate
hm~ts of Lake Dallas shall be commumcated to Denton in the manner specified by Denton
3. Discretion m Providing E.M.S. Lake Dallas understands that Denton must also
respond to requests for emergency medmal services for persons an Denton and that Denton has
other contracts to provide emergency mechcal services to other entities Denton shall have the sole
right and discretion, without bemg m breach of ttus Agreement and without habihty to Lake Dallas,
to detenmne
(a) Whether or not to respond to a request for medical emergency servme,
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(b) Whether and when personnel or equipment are avmlable to respond to a request
for emergency medical service,
(c) The order is winch to respond to a request for emergency medical service, and
(d) The time m which to respond to a request for emergency medical service
4. Service Fee In consideration for provl&ng emergency medical services to Lake Dallas,
Lake Dallas agrees to pay to Denton an annual sum dunng each year of tins Agreement determined
by multaplymg the populatson m Lake Dallas by six dollars and fifty cents ($6 50) The population
figure used shall be that contained m the latest edition of the North Central Texas Council of
Government's estmaate for January 1, 1998 The annual payment shall be prod to Denton ~n equal
quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term
Denton may, after givmg prior notme, suspend service to Lake Dallas during any period of time
Lake Dallas is delinquent m the payment of any undisputed service fee
$ Patient Charges In ad&tlon to the sermce fee paid by Lake Dallas, Denton may charge
and collect from persons provided emergency medrcal services, the patient fees estabhshed by or&-
nance of Denton
6 Governmental Immunity Not Waived Neither Denton nor Lake Dallas wmves, nor
shall be deemed hereby to wmve, any lmmumty or defense that would otherwise be avmlable to ~t
agmnst clatms made or arising from any act or omission resultang from tins Agreement
7 Term The term of tins Agreement shall be in one-year increments, beg~umng on
October 1, 1998 and continuing to September 30 of the following year and thereafter from year to
year nnt~l ternnnated m accordance w~th this Agreement
8 Termination; Default Either party may terminate tins Agreement at any time w~thout
cause by baying ninety (90) days advance notice in writing to the other, spec~f3qng the date of termi-
nation If either party breaches a provision of tins Agreement, the other party shall give the
defaulting party written notice of the default Should the defaulting party ftul to correct the default
w~thln tinrty days of the date notme of default is sent, the other party may declare the Agreement
termmated Lake Dallas shall be liable to Denton pro rata for the payment of emergency medical
services prowded up to the date of termination
9 Notices All notices sent under this Agreement shall be mmled, postage prepaad, to the
respective addresses, as follows
To Denton To Lake Dallas
City Manager
City of Denton
215 E McI~nney
Denton, Texas 76201
10. Agreement Not for Benefit of Third Parties Tins Agreement is not intended and
PAGE 2
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 th~s Agreement except upon the prior written
consent of the other
12. Venue. Venue of any stat or cause of action under this Agreement shall lie exclusively
~n Denton County, Texas This Agreement shall be construed in accordance with the laws of the
State of Texas
EX C rED on the dayof
CITY OF DENTON, TEXAS
BY
JAC~I~ILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
/
CITY OF LAKE DALLAS
MAYll}R PRO
ATTEST g~
BY ~ ~ SEClrad~TARy /
F ~a h ar eclklephLGl~Our Doe. urn ea~Cont i a~ 8~mbulanc~ contract lake dalla~ de~
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