2001-398AN 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 Demon hereby approves an Imerloeal
Agreement for Ambulance Service between the City of Denton and the C~ty of Ponder, a copy of
whtch ~s attached hereto and incorporated by reference hereto, and the Mayor, or m her absence
the Mayor Pro Tem, ~s hereby authorized to execute said Agreement on behalf of the City
SECTION 2 That th~s ordinance shall become effective ~mmed~ately upon its passage
and approval
/L
P^SSED ~ ~PROVED th~sthe /~ ~ dayof /;~~ ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFI~R WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE
BETWEEN THE CITY OF DENTON AND
THE CITY OF PONDER
Remtal~
The City of Denton currently provides emergency medLcal services to the ctt]zens of
Denton The Ctty of Ponder would hke to contract with the City of Denton to recetve emergency
medtcal servtces for its citizens Pursuant to Chapter 774 of the Tex Health and Safety Code
(Vernon 1992) and the Interloeal Cooperation Act, Tex Gov't Code Ann §791 001, et seq,
(Vernon 1994), a mty may contract to provtde emergency medtcal servmes to the county or another
WHEREAS, both the City of Denton and the City of Ponder have the authority to perform
the services set forth m this Agreement mdwtdually and m accordance with Tex Gov't Code Ann
§791 011(c)(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,
WITNESSETH
Agreement
This Agreement is made on the /~¢ day of gg-~2f~{j
of Denton, Texas ("Denton"), and the City of Ponder ("Ponder")
,2001, between the City
The parties agree as follows
1. Definitions F. mergeney Medmal ,qervmes or EMS. means personnel and ground
transportation velncles used to respond to an individual's perceived need for lmme&ate medical
care and to prevent death or aggravation of phymologmal or psychological illness or ~njury
2 Denton to Provide EMS to Ponder Denton shall provide emergency medical
services to Ponder m response to requests for emergency medical services In accordance with flus
Agreement All requests for emergency medical services for persons residing in the corporate
limits of Ponder shall be commumcated to Denton in the manner specffied by Denton
3. Discretion In Providing E.M S. Ponder understands that Denton must also
respond to requests for emergency medmal services for persons in Denton and that Denton has
other contracts to pmvxde emergency medical services to other entities Denton shall have the sole
right and discretion, w~thout being in breach of fi'ns Agreement and without liability to Ponder, to
determme
(a) Whether or not to respond to a request for medical emergency service,
(b) Whether and when personnel or equipment are avmlable to respond to a request
for emergency medical service,
(c) The order is wl-ach to respond to a request for emergency medical service, and
(d) The time tn winch 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 $6,084 00 for fiscal year 2001-2002 based on a
population of 507 mult~phed by $12 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 prod 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 pnor notice, suspend service to Ponder dunng any penod of
time Ponder is delinquent m the paymant of any undisputed service fee
5 Patient Charges In addition to the service fee paid by Ponder, Denton may charge and
collect fi:om persons provided emergency merhcal services, the patient fees established by ordi-
nance of Denton
6. Governmental Immunity Not Waived Neither Denton nor Ponder wmves, nor shall
be deemed hereby to wmve, any lmmumty or defense that would otherwise be avmlable to it agmnst
clmms made or arising fi:om any act or omission resulting from tins Agreement
7 Term The term of tins Agreement shall be in one-year increments, beglumng on
October 1, 2001 and contlnmng to September 30 of the following year and thereafter fi:om year to
year until terminated m accordance with flus Agreement
8. Termination, Default Either party may terminate tins Agreement at any time without
cause by giving 90 days advance notme in writing to the other, specifying the date of termination
If either party breaches a provision of tins Agreement, the other party shall give the defaulting party
written notice of the default Should the defaulting party fall to correct the default wltinn tinrty
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 notmes sent under this Agreement shall be ma~led, postage prepmd, to the
respective addresses, as follows
Tn 11entnn
City Manager
City of Dentnn
215 E McKmney
Denton, Texas 76201
Tn Pnnder
Mayor
City of Ponder
P O Box 297
Ponder, Texas 76259
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10 Agreement Not for Benefit of Third Part~es Tlus Agreement ~s not intended and
shall not be construed to be for the benefit of any lnchvldual or create any duty on Denton to any
tturd party
11 Assignment Neither party shall assign ti'ns A~eement 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 Thls Agreement shall be construed ~n accordance with the laws of the
State of Texas
EXECUTED on the /~9¢ dayof (~P~ ,2001
CITY OF DENTON, TEXAS
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
ATTEST
CITY OF PONDER
BY
~'~ ~PkO T~M'~ '-' CAlf CRIDER
Paee 3 of 4
SECREI~ARY
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