2000-383 ORDINANCE NO ~
AN 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
~ That the C~ty Council of the C~ty of Denton hereby approves an Interlocal
Agreemont for Ambulance Service between the C~ty of Denton and the City of Ponder, a copy of
which is attached hereto and incorporated by reference herein, and the Mayor, or m her absence
the Mayor Pro Tern, ~s hereby authorized to execute smd Agreement on behalf of the City
SECTION 2 That this ordinance shall become effective ~mmed~ately upon its passage
and approval
PASSED AND APPROVED th~s the /? ~1 day of ~)~(- ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE
BETWEEN THE CITY OF DENTON AND
TIlE CITY OF PONDER
The City of Denton currently provides emergency medical services to the citizens of
Denton The CItyof Ponder w°uld hke t° c°ntract with the City °f Dent°n t° receive emergency
mechcal servmes for its citizens Pursuant to Chapter 774 of the Tex Health and Safety Code
(Vemun 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 Ponder 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
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
ment is made on the t~/ day of .~~, 2000, between the City
Tl~s Agree -- ,~ -
of Denton, Texas ("Denton"), and the City of Ponder ( Pond& )
The parties agree as follows
1 DefiniUons F, rvergenc, y Medmal ,qermces or E M.S. means personnel and ground
transportation vehicles used to respond to an individual's perceived need for immedmte medical
care and to prevent death or aggravation &physiological or psychological illness or injury
2 Denton to Provide EMS to Ponder Denton shall provide emergency medical
services to Ponder in response to requests for emergency medical services in accordance wah 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 specified by Denton
3. Discretion in Providing E M S Ponder 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 chscret~on, without being in breach of this Agreement and without habihty to Ponder, to
determine
(a) Whether or not to respond to a request for medacal emergency servace,
(b) Whether and when personnel or equapment are avmlable to respond to a request
for emergency medacal serrate,
(c) The order xs wbach to respond to a request for emergency medacal servaee, and
(d) The time in whach to respond to a request for emergency medacal servace
4. Service Fee In considerat~on for provldang emergency medacal services to Ponder,
Ponder agrees to pay to Denton the sum of $5,220 00 for fiscal year 2000-2001 based on a
population of 522 multaphed by $10 00 The population figure used is based on a 5% anerease for
Denton County contained an the latest edition of the North Central Texas Council of Governments
estimate for January 1, 2000 The annual payment shall be prod to Denton m equal quarterly
payments on or before October 1, January 1, Apnl 1, and July 1, of each annual term Denton may,
after giving prior not~ee, suspend service to Ponder during any period of time Ponder is delinquent
m the payment of any nndmputed service fee
5 Paaent Charges In addition to the service fee paid by Ponder, Denton may charge and
collect firom persons provided emergency medical services, the patient fees estabhshed by ordi-
nance of Denton
6. Governmental Immumty Not Weaved Neither Denton nor Ponder waives, nor shall
be deemed hereby to wmve, any immunity or defense that would otherwise be available to it against
clmms made or ansmg from any act or om~ss~on resulting from th~s Agreement
7. Term The term of tbas Agreement shall be in one-year increments, begmmng on
October 1, 2000 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 g~wng 90 days advance not~ce in wntlng to the other, specifying the date of termlnataon
If either party breaches a provision of th~s Agreement, the other party shall gave the defaulting party
written not.ce of the default Should the defaultang party fml to correct the default wlflun thirty
days of the date notice of default is sent, the other party may declare the Agreement terminated
Ponder shall be hable to Denton pro rata for the payment of emergency mechcal services provided
up to the date of termination
9. Nomes All notices sent under rials Agreement shall be marled, postage prepmd, to the
respective addresses, as follows
Tn Ponder
Ta Denton
City Manager Mayor
City of Ponder
C~ty of Denton P O Box 297
215 E MeI~nney
Denton, Texas 76201 Ponder, Texas 76259
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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 ln&wdual or create any duty on Denton to any
third party
11. Assignment Neither party shall assign tbas Agreement except upon the prior written
consent of the other
12, Venue. Venue of any stat or cause of action under this Agreement shall lie exclusively
m Denton County, Texas This Agreement shall be construed in accordance with the laws of the
State of Texas
EXECUTED on the. q _ day of _. l~~F~ ., 2000
CITY OF DENTON, TEXAS
~4~KK ~YOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
CITY OF PONDER
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ATTEST
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