1998-310 ORDINANCE NO
AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF SHADY SHORES 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 Interlocal
Agreement for Ambulance Service between the City of Denton and the C~ty of Shady Shores, a
copy of which is attached hereto and incorporated by reference here~n, and the Mayor, or ~n his
absence the Mayor Pro Tem, ~s hereby authonzed to execute smd Agreement on behalf of the
City
SECTION II. That this ordinance shall become effective ~mmedlately upon its passage
and approval
PASSED AND APPROVED thls the day of/~.~O~.~~c~v~v~'~ , 19~:~)~,~
JAC~'I~LLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBEKT L PROUTY, CITY ATTORNEY
INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE
BETWEEN THE CITY OF DENTON AND
THE CITY OF SHADY SHORES
Recitals
The Caty of Denton currently prowdes emergency medacal servaces to the citizens of
Denton The Caty of Shady Shores would hke to contract with the Caty of Denton to receive
emergency medical serwees for its cltazens Pursuant to Chapter 774 &the TEX HEALTH AND
SAFETY CODE (Vernon 1992) and the Interlocal Cooperataon 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 eaty
WHEREAS, both the City of Denton and the City of Shady Shores have the authority to
perform the services set forth m th~s Agreement md~vldually and an accordance with TEX GOV'T
CODE ANN §791 0Il(e)(2), and
WHEREAS, the City of Shady Shores wall make all payments for services out of available
current revenues and the City of Denton agrees that the payments made by the City of Shady
Shores hereunder will fairly compensate it for the services performed, NOW, THEREFORE,
WITNESSETH
Agreement
Tbas Agreement as made on the .~ day o~, 199 ~between the C~ty of Denton,
Texas ("Denton"), and the Caty of Shady Shores ("Sl~ady Shores") --
The parties agree as follows
1. Definit~ons Emergency Medical Services or E M S means personnel and ground
transportataon vebacles used to respond to an individual's perceived need for lmmedmte medical
care and to prevent death or aggravation ofphysaologlcal or psychological illness or injury
2. Denton to Provide EMS to Shady Shores Denton shall provide emergency
medical serwces to Shady Shores in response to requests for emergency me&cal services in accor-
dance with flus Agreement All requests for emergency medical services for persons residing in the
corporate hrmts of Shady Shores shall be commumcated to Denton in the manner specified by
Denton
3. Discretion in Providing E M S. Shady Shores understands that Denton must also
respond to requests for emergency mecheal serwces for persons in Denton and that Denton has
other contracts to provide emergency medical services to other entities Denton shall have the sole
right and chseretmn, wathout being in breach of this Agreement and without liability to Shady
Shores, to determme
(a) Whether or not to respond to a request for medical emergency service, PAGE 1
(b) Whether and when personnel or equipment are avmlable to respond to a request
for emergency medical serwce,
(c) The order ~s winch to respond to a request for emergency medmal setmce, and
(d) The tame m winch to respond to a request for emergency medmal servace
4. Service Fee In consideration for prov~dang emergency medacal services to Shady
Shores, Shady Shores agrees to pay to Denton an annual sum dunng each year of tins Agreement
determined by multaplymg the population m Shady Shores by s~x dollars and fifty cents ($6 50)
The population figure used shall be that contained m the latest ed~taon of the North Central Texas
Council of Government's estunate 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 glwng prior notate, suspend service to Shady Shores dunng any
period of time Shady Shores as dehnquent ~n the payment of any undisputed servace fee
5 Patient Charges In addat~on to the service fee prod by Shady Shores, Denton may
charge and collect from persons promded emergency mexhcal servmes, the pataant fees estabhshed
by ordinance of Denton
6. Governmental Immunity Not Waived Neither Denton nor Shady Shores wmves, nor
shall be deemed hereby to wmve, any ~mmunlty or defense that would otherwise be avtulable to it
agmnst claims made or arising from any act or omission resulting from tins Agreement
7. Term The term of this Agreement shall be in one-year ~ncrements, beg~nmng on
October 1, 1998 and contmmng to September 30 of the following year and thereafter from year to
year until ternunated m accordance w~th this Agreement
8 Termination; Default Eather party may terminate tins Agreement at any t~me w~thout
cause by g~wng mnety (90) days advance not~ee in writing to the other, specifying the date of term~-
naUon If e~ther party breaches a prowsaon of this Agreement, the other party shall gave the
defanltmg party written notice of the default Should the defaultang party fail to correct the default
wltinn tinrty days of the date nonce of default is sent, the other party may declare the Agreement
termanated Shady Shores shall be liable to Denton pro rata for the payment of emergency medical
services provaded up to the date of termmatmn
9. Notices All nonces sent under tins Agreement shall be mailed, postage prepaid, to the
respective addresses, as follows
To Denton To Shady Shores ~
C~ty Manager c~-~t ~/
C ,ofDenton
215 E McI~nney O~~ ~-~, [~.5~ 7b-'~ ~ 5'~
Denton, Texas 76201
PAGE 2
10. Agreement Not for Benefit of Third Parties Th~s Agreement ~s not intended and
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
12 Venue. Venue of any stat or cause of acUon under tl~s Agreement shall lie exclusively
m Denton County, Texas This Agreement shall be construed ~n accordance w~th the laws of the
State of Texas
EX C ED on the dayof ,i09
CITY OF DENTON, TEXAS
BY ~
JAC~iLLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
CITY OF SHADY SHORES
ATTEST
BY
SECRETARY
PAGE 3