2005-058AN 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:
SECTION 1. That the City Council of the City of Denton hereby approves an Interlocal
Agreement for Ambulance Service between the City of Denton and the City of Ponder, a copy of
which is attached hereto and incorporated by reference heroin, and the Mayor, or in her absence
the Mayor Pro Tem, is hereby authorized to execute said Agreement on behalf of the City.
SECTION 2. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the t..~o~ day of (_~r_~/./~'L~./t.,C~ .2005.
d
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE
BETWEEN THE CITY OF DENTON AND
THE CITY OF PONDER
Reeitala
The City of Denton currently provides emergency medical services to the citizens of
Denton. The City of Ponder would like to contract with the City of Denton to receive emergency
medical services for its citizens. Pursuant t o Chapter 7 74 o f t he T ex. Health a nd Safety C ode
(Vernon 1992) and the Interlocal Cooperation Act, Tex. Gov't Code Ann. §791.001, et seq.,
(Vemon 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 Ponder have the authority to perform
the services set forth in this Agreement individually and in accordance with Tex. Gov't Code Ann.
§791.01 l(e)(2); and
WHEREAS, the City of Ponder will make all payments for services out of available 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,
WlTNESSETH
This Agreement is ,m,,ade on the~ -- day of ~~200~, between the City
of Denton, Texas ("Denton), and the City of Ponder ("Ponder").
The parties agree as follows:
1. Definitions. F. mergeney Medical .qervice~ or E M R. 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 t o Provide EMS to Ponder. Demon shall provide emergency medical
services to Ponder in response to requests for emergency medical services in accordance with this
Agreement. All requests for emergency medical services for persons residing in the corporate
limits of Ponder shall be communicated to Denton in the manner specified by Denton.
3. Discretion in Providing E.M.S. Ponder understands that Denton must also
respond t o requests for emergency medical services for persons i n Denton and that Denton has
other contracts to provide emergency medical services to other entities. Denton shall have the sole
fight 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 medical emergency service;
(b) Whether and when personnel or equipment are available to respond to a request
for emergency medical service;
(c) The order is which to respond to a request for emergency medical service; and
(d) The tune in which to respond to a request for emergency medical service.
4. Service Fee. In consideration for providing emergency medical services to Ponder,
Ponder agrees to pay to Denton the sum of $9,396.00 for fiscal year 2004-2005 based on a
population of 522 multiplied by $18.00. The population figure used is based on the most recent
figure available fi:om the Ponder City Secretary's office. The annual payment shall be paid to
Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each
annual term. Denton may, alter giving prior notice, suspend service to Ponder during any period of
time Ponder is delinquent in the payment of any undisputed service fee.
5. Patient Charges. In addition to the service fee paid by Ponder, Denton may charge and
collect from persons provided emergency medical services, the patient fees established by
ordinance of Denton.
6. Governmental Immunity Not Waived. Neither Denton nor Ponder waives, nor shall
be deemed hereby to waive, any immunity or defense that would otherwise be available to it against
cla'uns made or arising fi:om any act or omission resulting from this Agreement.
7. Term. The term of this Agreement shall be in one-year increments, beginning on
October 1, 2004 and continuing to September 30 of the following year and thereafter fi:om year to
year until terminated in accordance with this Agreement.
8. Termination; Default. Either party may terminate this Agreement at any time without
cause by giving 90 days advance notice in writing to the other, specifying the date of termination. If
either party breaches a provision of this Agreement, the other party shall give the defaulting party
whtten notice of the default. Should the defaulting party fail to correct the default within thirty
days of the date notice of default is sent, the other party may declare the Agreement terminated.
Ponder shall be liable to Denton pro rata for the payment of emergency medical services provided
up to the date of termination.
9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the
respective addresses, as follows:
To l~enton:
City Manager
City of Denton
215 E. McKinney
To Ponder:
Mayor
City of Ponder
P.O. Box 297
Page 2 of 4
Denton, Texas 76201
Ponder, Texas 76259
10. Agreement Not for Benefit of Third Parties. This Agreement is 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 suit or cause of action under this Agreement shall lie exclusively
in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the
State of Texas.
EXECUTED on the ~dday of ~/e~b~.L~/~-- , 2005.~
CITY OF DENTON, TEXAS
EULINEBROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~
Page 3 of 4
CITY OF PONDER
ATTEST:
SECRETARY
MAYOR
Page 4 of 4