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1999-360 O INANCENO 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 ~ That the City Council of the City of Denton hereby approves an Interlocal Agreement for Ambulance Serwce between the City of Denton and the City of Argyle, a copy of which ~s attached hereto and incorporated by reference herem, and the Mayor, or in his absence the Mayor Pro Tern, is hereby authorized to execute smd Agreement on behalf of the City ~ That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED thls the --~--~-~ dayof ~/~ ,1999 JA~I.t'LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROU~Y INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF ARGYLE Recitals The C~ty of Denton currently prowdcs emergency medmal services to the c~t~zens of Denton The City of Argyle would hke to contract with the C~ty of Denton to recewe emergency mechcal serwces for ~ts emzens Pursuant to Chapter 774 of the Tex Health and Safety Code (Vernon 1992) and the Interlocal Cooperatmn Act, Tex Gov't Code Ann §791 001, et seq, (Vernon 1994), a mty may contract to provide emergency mechcal servmes to the county or another mty WHEREAS, both the C~ty of Denton and the C~ty of Argyle have the anthonty to perform the services set forth m tins 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 avmlable current revenues and the C~ty of Denton agrees that the payments made by the City of Argyle hereunder will fairly compensate ~t for the se~wces performed, NOW, THEREFORE, WITNESSETH Agreement Thru Agreement ~s made on the~_.-.~-~-~ day of ~/~,, 1999, between the C~ty of Denton, Texas ("Denton"), and the C~ty of Argyle ("Argyle") The parties agree as follows 1 Definitions Emergency Mechcal Services or E M S means personnel and ground transportation vetucles used to respond to an mdlwdual's perceived need for lmmedmte medical care and to prevent death or aggravatmn of phys~ologmal or psychologmal illness or injury 2 Denton to Prowde EMS to Argyle. Denton shall provide emergency medmal services to Argyle m response to requests for emergency medmal services ~n accordance w~th tlus Agreement All requests for emergency medical servmes for persons residing ~n the corporate hnnts of Argyle shall be commumcated to Denton m the manner specffied by Denton 3 Discretion m Prowding 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 pmwde emergency medical sermces to other entlt~es Denton shall have the sole right and chacret~on, without being m breach of thts Agreement and w~thout habthty to Argyle, to determine (a) Whether or not to respond to a request for medmal emergency serwce, PAGE 1 (b) Whether and when personnel or equipment are avmlable to respond to a request for emergency medical sermee, (c) The order is wbach to respond to a request for emergency medacal service, and (d) The time m wluch to respond to a request for emergency medmal service 4. Service Fee In conslderataon for provadlng emergency mechcal services to Argyle, Argyle agrees to pay to Denton the sum of $17,200 00 for fiscal year 1999-2000 based on a population of 2,150 multiplied by $8 00 The population figure used is contmned m the latest edmon of the North Central Texas Council of Governments estimate for January l, 1999 The annual payment shall be pa~d to Denton m equal quarterly payments on or before October 1, January 1, April l, and July 1 Denton may, after giving prior notice, suspend service to Argyle dunng any period of ttme Argyle is delinquent in the payment of any undisputed service fee 5. Patient Charges In addmon 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 Immumty Not Waived Neither Denton nor Argyle wmves, nor shall be deemed hereby to wmve, any tmmumty or defense that would otherwise be avmlable to it against clmms made or arising from any act or omission resulting from rims Agreement 7 Term The term of this Agreement shall be in one-year increments, begmmng on October l, 1999 and contmmng to September 30 of the following year and thereafter from year to year until tenmnated an accordance with flus Agreement 8. Termination, Default Either party may termmate this Agreement at any t~me without cause by giving 90 days advance notice m writing to the other, specifymg the date of termmation If either party breaches a provision of tins Agreement, the other party shall give the defaulting party written notme of the default Should the defaulting party fall to correct the default within tlurty days of the date nottce 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 Not,ecs All notices sent under this Agreement shall be mailed, postage prepmd, to the respective addresses, as follows To Denton To Argyle City Manager Mayor City of Denton City of Argyle 215 E McKlnney P 0 Box 1035 Der~ton, Texas 76201 Argyle, Texas 76226 10 Agreement Not for Benefit of Third Part~es Tlus 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 PAGE 2 thlrd party 11. Assignment Neither party shall asmgn th~s Agreement except upon the prior written consent of the other 12. Venue. Venue of any stat or cause of actmn under tlus Agreement shall he exclumvely m Denton County, Texas Thru Agreement shall be construed ~n accordance w~th the laws of the State of Texas ~x~o~on~ ~ a~yof £~~ ,~9~ CITY OF DENTON, TEXAS BY ~ JACked. ER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPI~VED AS TO LEGAL FORM CITY OF ARGYLE By~//~.~ ATTEST PAGE 3