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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