HomeMy WebLinkAbout2000-381ORDINANCE NO CZ� -38
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 _ j` _ day of Oc''�ck)g.0 2000
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 Arm
§791 011(c)(2), and
WHEREAS, the City of Argyle will make all payments f services
City of available current
Argyle hereunder
revenues and the City of Denton agrees that the payments
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will fairly compensate it for the services performed, NOW, THEREFORE,
WITNESSETH
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This Agreement is made on the Li!ftday of ----- . , 2000, between the City
of Denton, Texas ("Denton"), and the City of Argyle ("Argyle")
The parties agree as follows
1 Definitions Fmergen4 medical Cervices or E M.S. means personnel and ground
transportation vehicles used to respond to an rndrvrdual'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 thesole
right and discretion, without being in breach of this Agreement and without liability to Argyle
determine
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(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 service
4. Service Fee In consideration for providing emergency medical services to Argyle,
Argyle agrees to pay to Denton the sum of $22,500 00 for fiscal year 2000-2001 based on a
population of 2,250 multiplied by $10 00 The population figure used is contained in the latest
edition of the North Central Texas Council of Governments estimate for January 1, 2000 The
annual payment shall be paid to Denton in equal quarterly payments on or before October 1,
January 1, April i, 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 ordi-
nance 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 ansing 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, 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 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 marled, postage prepaid, to the
respective addresses, as follows
To Denton
City Manager
City of Denton
215 E McKinney
Denton, Texas 76201
To Argyll
Mayor
City of Argyle
P O Box 609
Argyle, Texas 76226
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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 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 tlus Agreement shall he exclusively
in Denton County, Texas This Agreement shall be construed in accordance with the laws of the
State of Texas fit,
EXECUTED on the � day of 2000
ATTEST
JENNIFER WALTERS, CITY SECRETARY
�OVED AS TO LEGAL FORM
BERT L PROUTY, CITY ATTORNEY
M.
CITY OF DENTON, TEXAS
BY QU A�
EULINE BROCK, MAYOR
CITY OF ARGYLE
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