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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