2002-273NO. XP<,g
AN ORDINANCE APPROVING AN 1NTERLOCAL 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 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 Sanger, a copy of
which is attached hereto and incorporated by reference herein, 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 d~'/~ day of (Jq~,zg/L~/~ff-~//'~ ,2002.
EUL1NE 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 SANGER
Recitals
The City of Denton currently provides emergency medical services to the citizens of
Denton. The City of Sanger would like 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 this Agreement individually and in accordance with Tex. Gov't Code Ann.
§791.011(c)(2); and
WI-IEREAS, the City of Sanger 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 Sanger hereunder
will fairly compensate it for the services performed; NOW, THEREFORE,
WlTNESSETH
Agreement
This Agreement is made on the ~ day of (.~9~5~f/7,/~fff-, 2002, between the
Cify of Denton, Texas ("Denton"), and the City ofSanger ("S~nger").
The parties agree as follows:
1. Definitions. Emergency Medical 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 with this
Agreement. All requests for emergency medical services for persons residing in the corporate
limits of Sanger shall be communicated to Denton in the manner specified by Denton.
3. Discretion in 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 provide emergency medical services to other entities. Denton shall have the sole
right and discretion, without being in breach of this Agreement and without liability to Sanger, 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 time in which to respond to a request for emergency medical serrate.
4. Service Fee. In consideration for providing emergency medical services to Sanger,
Sanger agrees to pay to Denton the sum of $75,200.00 for fiscal yea~ 2002-2003 based on a
population of 4,700 multiplied by $16.00. The population figure uied is contained in the latest
edition of the North Central Texas Council of Governments estimate for January 1, 2002. 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, after giving prior notice, suspend
service to Sanger during any period of time Sanger is delinquent in the payment of any undisputed
service fee.
5. Patient Charges. In addition to the service fee paid by Sanger, Denton may charge and
collect from persons provided emergency medical services, the patient fees estabhshed by
ordinance of Denton.
6. Governmental Immunity Not Waived. Neither Denton nor Sanger waives, nor shall
be deemed hereby to waive, any immunity or defense that would otherwise be available to it against
claims made or arising from any act or omission resulting from this Agreement.
7. Term. The term of this Agreement shall be in one-year increments, beginning on
October I, 2002 and continuing to September 30 of the following year and thereafter from 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
written 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 temtinated.
Sanger shall be liable to Denton pm rata for the payment of emergency medical sen, ices 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 Denton:
City Manager
City of Denton
215 E. McKinney
To Sanger:
Mayor
City of Sanger
P.O. Box 1729
Page 2 of 4
Denton, Texas 76201
Sanger, Texas 76266
10. Agreement Not for Benefit of Third Parties. Tiffs 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 ~onstmed in accordance with the laws of the
State of Texas.
/
EXECUTED onthe d~ day of (.Yd/Srfe//gt~/'- , 2002.
CITY OF DENTON, TEXAS
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
CITY OF SANGER
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ATTEST:
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