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HomeMy WebLinkAbout2000-384ORDINANCE NO oZCX O' g �i AN ORDINANCE APPROVING AN INTERLOCAL 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 I That the City Council of the City of Denton hereby approves an Interlocal and the City of Sanger, a copy of by reference herein, and he Mayor, or n her the1MayortPro Temeis hereby authonzeddto execute said Agreement ton behalf of the Ctyabsenc Agreement for Ambulance Service between the City of Denton e SECTION 2 That this ordinance shall become effective immediately upon is passage and approval PASSED AND APPROVED this the / % W�, day of U6 r 2000 EULINE BROCK, MAY ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY s Wm UooummuW�Nnencet�W�cmbuluwe mrvme eoN<e arc 3 win �umwu3Coo4aoY\OP�unbulwoa wnvaza+aWae tla INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER 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) (Vernon994), a city may contract top provide emergency medical servicesd the Interlocal Cooperation Act, Tex Gov't Code 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 WHEREAS, the City of Sanger will make all payments for bse services Ciout of of SangerblereTrent revenues and the City of Denton agrees that the paymentsY h nder will fairly compensate it for the services performed, NOW, THEREFORE, WITNESSETH This Agreement is made on the t!2�_ day of /iY' 2000, between the City of Denton, Texas ("Denton"), and the City of Sanger ("Sanger") The parties agree as follows 1. Definitions Fr-__""' `"i'"'i Carvines or E M. 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 S Wm uacumeo4�Gnbecu�oNwbuluue coWxN.o9a Eac (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 Sanger, Sanger agrees to pay to Denton the sum of $53,000 for fiscal year 2000-2001 based on a population of 5,300 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 1, and July 1, of each nod of tal term ime Sanger is ton may, ar iving prir notice, suspend service to delinquent m thepayme toof any Sanger undisputed d service fee during any p 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 established by ordi- nance 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 ansmg 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 Sanger 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 Sanger Mayor City of Sanger P O Box 1729 Sanger, Texas 76266 Page 2 of 4 S roue Oo<ummle�ConOxle\WYnibulw<. <onuaz�eaig<r Eu< 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 tlus 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 construed in accordance with the laws of the State of Texas EXECUTED on the /- day of %j� &ec— , 2000 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTYI CITY m ATTORNEY CITY OF DENTON, TEXAS BY EULINE BROCK, MAYOR CITY OF SANGER BY MAYOR Page 3 of 4 $\0Yr�0[YOIOIIY\COYaiEWWrlY1M1�9YL0 [OIN9ct gfl ao[ ATTEST, BY Lk�—) SECRETARY Page 4 of 4