1998-309AN 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 City Council of the City of Denton hereby approves an Interloeal
Agreement for Ambulance Service between the City of Denton and the City of Sanger, a copy of
which is attached hereto and incorporated by reference herein, and the Mayor, or m his absence
the Mayor Pro Tern, is hereby authorized to execute smd Agreement on behalf of the C~ty
~ That this or&nance shall become effective immediately upon ~ts passage
and approval
PASSED AND APPROVED thls the ~ ~ dayof ~t~f~" ,19 ~
ATTEST'
JENNIFER WALTERS, CITY SECRETARY
APiIR. OVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE
BETWEEN THE CITY OF DENTON AND
THE CITY OF SANGER
Recitals
The City of Denton currently prowdes emergency medmal services to the citizens of
Denton The City of Sanger would luke to contract with the 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 Cooperation Act, TEX GOV'T CODE ANN §791 001, et
seq, (Vernon 1994), a city may contract to provide emergency medical services to the county or
another city
WHEREAS, both the City of Denton and the City of Sanger have the authority to perform
the services set forth in tins Agreement individually and m accordance with TEX GOV'T CODE
ANN §791 011(c)(2), and
WHEREAS, the City of Sanger 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 Sanger hereunder
will fairly compensate it for the services performed, NOW, THEREFORE,
WlTNESSETH
Agreement
Tins Agreement is made on the ~Y~/day of/~, 199~, between the City of Denton,
Texas ("Denton"), and the City of Sanger ("Sanger")
The parties agree as follows
1 Definitions Emergency Mechcal Services or E M S means personnel and ground
transportation vehicles used to respond to an individual's perceived need for immediate medical
care and to prevent death or aggravation of physiological or psychological illness or injury
2. Denton to Provide EMS to Sanger Denton shall provide emergency medical
services to Sanger in response to requests for emergency medical services in accordance w~th tins
Agreement All requests for emergency mexhcal services for persons residing in the corporate
hmlts of Sanger shall be commumcated to Denton in the manner specified by Denton
3. Discretion m Providing E M S. Sanger understands that Denton must also
respond to requests for emergency medical services for persons in Denton and that Denton has
other contracts to prowde emergency medical services to other entitles Denton shall have the sole
right and discretion, without being in breach of this Agreement and without hab~hty to Sanger, to
determine
(a) Whether or not to respond to a request for medical emergency service,
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(b) Whether and when personnel or equipment are available to respond to a request
for emergency medmal servme,
(c) The order is wbach to respond to a request for emergency mechcal servme, and
(d) The time m which to respond to a request for emergency medmal service
4. Service Fee In conslderataon for providing emergency medical servmes to Sanger,
Sanger agrees to pay to Denton an annual sum dunng each year of tins Agreement detemuned by
multiplying the population m Sanger by six dollars and fifty cents ($6 50) The population figure
used shall be that contmned m the latest echtion of the North Central Texas Conncll of
Government's estimate 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, aller g~vmg prior notme, suspend service to Sanger dunng any period of time Sanger
is delmquent m the payment of any unrhsputed service fee
5 Patient Charges In addltton to the service fee ptud by Sanger, Denton may charge and
collect from persons prowded emergency medmal services, the patient fees estabhshed by orda-
nance of Denton
6 Governmental Immumty Not Waived Neither Denton nor Sanger wmves, nor shall
be deemed hereby to wtuve, any ~mmumty or defense that would otherwise be avmlable to it against
claims made or arising from any act or omission resulting from ttus Agreement
7 Term The term of this Agreement shall be m one-year increments, beg~umng on
October 1, 1998 and continuing to September 30 of the following year and thereafter from year to
year untd terminated m accordance w~th tins Agreement
8. Termination; Default Either party may terminate th~s Agreement at any time without
cause by g~wng mnety (90) days advance notme in writing to the other, specffymg the date of termi-
nation If e~ther party breaches a provision of tlns Agreement, the other party shall give the
defaulting party written notate of the default Should the defanltmg party frei to correct the default
w~thm tlurty days of the date notme 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 provided up to the date of termmataon
9 Notices All notices sent under tlus Agreement shall be totaled, postage prepaid, to the
respective addresses, as follows
To Denton To Sanger
City Manager
City of Denton
215 E MeKumey
Denton, Texas 76201
10. Agreement Not for Benefit of Third Parties Th~s 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 this Agreement except upon the prior written
consent of the other
1:2 Venue. Venue of any stut or cause of action under this Agreement shall he exclusively
~n Denton County, Texas This Agreement shall be construed m accordance w~th the laws of the
State of Texas
EXECUTED on the ~ ~ day of ~/--~er ,~99 ~'
CITY OF DENTON, TEXAS
JAC~[~LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
//
"
APi~OVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
CITY OF SANGER
M~YOR/
.~,,,,.":( o¢
ATTEST' ~.~/ _1,,\. ?,.
SEC~TARY ~ ~ -.. ....... ..~
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