HomeMy WebLinkAbout2001-395ORDINANCE NO Os DOl — %s
AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF ARGYLE 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 Argyle, a copy of
which is attached hereto and incorporated by reference herein, and the Mayor, or in her absence
the Mayor Pro Tern, 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 � day of (i�-fk2001
2 At-e�
EULINE BROCK, MAYOR
ATTEST,
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
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INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE
BETWEEN THE CITY OF DENTON AND
THE CITY OF ARGYLE
The City of Denton currently provides emergency medical services to the citizens of Denton
The City of Argyle 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 Argyle 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 Argyle 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 Argyle hereunder will
fairly compensate it for the services performed, NOW, THEREFORE,
WITNESSETH
Agreement
This Agreement is made on the i � —day of �,1(l ( , 2001, between the City of
Denton, Texas ("Denton"), and the City of Argyle ("Argyle")
The parties agree as follows
1 Definitions Emergency Medical Cervices or F. 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 Argyle Denton shall provide emergency medical services
to Argyle 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 Argyle shall
be communicated to Denton in the manner specified by Denton
3 Discretion in Providing E M S Argyle 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 Argyle, 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,
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(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 service
4 Service Fee In consideration for providing emergency medical services to Argyle, Argyle
agrees to pay to Denton the sum of $29,340 00 for fiscal year 2001-2002 based on a population of
2,445 multiplied by $12 00 The population figure used is contained in the latest edition of the North
Central Texas Council of Governments estimate for January 1, 2001 The annual payment shall be paid
to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1 Denton
may, after giving prior notice, suspend service to Argyle during any period of time Argyle is delinquent
in the payment of any undisputed service fee
5, Patient Charges In addition to the service fee paid by Argyle, 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 Argyle 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
1, 2001 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 terminated Argyle 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 Denton
City Manager
City of Denton
215 E McKinney
Denton, Texas 76201
To Argyle
Mayor
City of Argyle
P O Box 609
Argyle, Texas 76226
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
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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 / � — day of 2001
CITY OF DENTON, TEXAS
BY
EULINEBROCK,MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY )41&4.-7
AP OVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
ATTEST
BY It 1uby
SECRETARY
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