1998-308 O~ANCENO {~--~
AN 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
~LT.J.O.I:~ That the City Council of the City of Denton hereby approves an Interlocal
Agreement for Ambulance Service between the C~ty of Denton and the City of Ponder, a copy of
which m attached hereto and incorporated by reference hereto, and the Mayor, or mtus absence
the Mayor Pro Tern, m hereby anthonzed to execute smd Agreement on behalf of the C~ty
~ That thru ordinance shall become effective ~mmed~ately upon its passage
and approval
PASSED A~ APPROVED th,sthe ~ dayof ~er- ,19 ¢/,
JAC~ILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE
BETWEEN THE CITY OF DENTON AND
THE CITY OF PONDER
Recitals
The City of Denton currently provides emergency medical services to the citizens of
Denton The City of Ponder would hke to contract with thc City of Denton to receive emergency
medical services for its citizens Pursuant to Chapter 774 of the TEX HEALTH AND SAFETY
CODE (Vernon 1992) and the Interlocal Cooperatmn Act, TEX GOV'T CODE ANN §791 001, et
seq, (Vernon 1994), a city may contract to pmwde emergency medical services to the county or
another city
WHEREAS, both the City of Denton and the City of Ponder have the authority to perform
the services set forth m this Agreement individually and m accordance with TEX GOV'T CODE
ANN §791 011(c)(2), and
WHEREAS, the City of Ponder will make all payments for services out of avmlable current
revenues and the City of Denton agrees that the payments made by the City of Ponder hereunder
will fairly compensate it for the services performed, NOW, THEREFORE,
WITNESSETH
Agreement
This Agreement is made on the ~__~-day of ~ff~, 199~,, between the City of Denton,
Texas ("Denton"), and the City of Ponder ("Ponder")
The parties agree as follows
1 Definitions Emergency Medical Services or E M S means personnel and ground
transportation velucles used to respond to an lndlwdual's perceived need for mediate medical
care and to prevent death or aggravation of physiological or psychological illness or injury
2. Denton to Provide EMS to Ponder. Denton shall provide emergency medical
services to Ponder m response to requests for emergency medical services in accordance with ttus
Agreement All requests for emergency rdedlcal services for persons residing m the corporate
limits of Ponder shall be commumcated to Denton m the manner specified by Denton
3. Discretion m Providing E.M.S. Ponder understands that Denton must also
respond to requests for emergency medical sermces for persons m Denton and that Denton has
other contracts to provide emergency medical services to other entitles Denton shall have the sole
right and discretion, without being in breach of this Agreement and without liability to Ponder, to
determine
(a) Whether or not to respond to a request for mechcal emergency service,
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(b) Whether and when personnel or equipment are avtulable to respond to a request
for emergency medical serv, ce,
(c) The order is wluch to respond to a request for emergency medical service, and
(d) The tune m winch to respond to a request for emergency medical service
4 Service Fee In consideration for providing emergency mechcal services to Ponder,
Ponder agrees to pay to Denton an annual sum dunng each year of tins Agreement determined by
multlplymg the population m Ponder 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
Govemment's estmmte for January 1, 1998 The annual payment shall be ptud to Denton m equal
quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term
Denton may, atler giving prior notice, suspend service to Ponder dunng any period of t~me Ponder
is delinquent m the payment of any unchsputed service fee
5. Patient Charges In addition to the service fee prod by Ponder, Denton may charge and
collect from persons provided emergency medical services, the patient fees established by orrh-
nance of Denton
6 Governmental Immunity Not Waived Neither Denton nor Ponder wmves, nor shall
be deemed hereby to wmve, any lmmumty or defense that would otherwise be avmlable to it agmnst
clauns made or arising from any act or omission resulting from ttus Agreement
7. Term The term of tins Agreement shall be in one-year increments, begummg on
October 1, 1998 and continuing to September 30 of the following year and thereailer from year to
year until terminated m accordance w~th this Agreement
8. Termination; Default Either party may terminate this Agreement at any tune without
cause by giving mnety (90) days advance notice in writing to the other, specifying the date of termi-
nation If either party breaches a provision of this Agreement, the other party shall g~ve the
defaulting party written not,ce of the default Should the defaulting party fail to correct the default
within thu'ty days of the date notice of default ~s 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 proxqded up to the date of termination
9 Notices All notmes sent under tins Agreement shall be mmled, postage prepmd, to the
respective addresses, as follows
To Denton To Ponder
City Manager Mayor
City of Denton City of Ponder
215 E McKmney P O Box297
Denton, Texas 76201 Ponder, Texas 76259
10. Agreement Not for Benefit of Third Part~es This 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
third party
11. Assignment Neither party shall assign ttus 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
in Denton County, Texas Tbas Agreement shall be construed in accordance with the laws of the
State of Texas
EXECUTED on the ~ dayof ~e~ ,199.¢~
CITY OF DENTON, TEXAS
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
CITY OF PONDER
ATTESTD
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