1998-053AN 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 Service between the City of Denton and the City of Argyle, a copy of
which xs attached hereto and incorporated by reference herein, and the Mayor, or xn lus absence
the Mayor Pro Tern, is hereby authorized to execute smd Agreement on behalf of the City
SECTION II. That this ordinance shall become effecUve immediately upon ~ts passage
and approval
^SSEDm, AP ROVED h sthe. -' -
ATTEST
JENNIFER WALTERS, CITY SECRETARY
INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE
BETWEEN THE CITY OF DENTON AND
THE CITY OF ARGYLE
Recitals
The City of Denton currently prowdes emergency medical services to the mt~zens of
Denton The C~ty of Argyle would l~ke to contract with the C~ty of Denton to receive emergency
medmal services for ~ts ctt~zens 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 prowde emergency medmal services to the county or
another c~ty
WHEREAS, both the C~ty of Denton and the C~ty of Argyle have the authonty to perform
the services set forth m tins Agreement mchwdually and in accordance wath TEX GOV'T CODE
ANN §791 011(c)(2), and
WHEREAS, the C~ty of Argyle will make all payments for servmes out of avmlable current
revenues and the City of Denton agrees that the payments made by the C~ty of Argyle hereunder
w~ll fairly compensate ~t for the services performed, NOW, THEREFORE,
WlTNESSETH
Agreement
Ttus Agreement ~s made on the/~q~day of<_~Ig, ~99£ between the c ty of ~)enton,
Texas ("Denton"), and the C~ty of Argyle ("Argyle")
The parties agree as follows
1 Definitions Emergency Methcal Services or E M S means personnel and ground
transportaUon vetucles used to respond to an individual's perceived need for ~mmethate medmal
care and to prevent death or aggravation of physiological or psychologmal illness or injury
2. Denton to Provide EMS to Argyle. Denton shall prowde emergency medical
services to Argyle m response to requests for emergency mechcal servmes m accordance w~th thas
Agreement All requests for emergency medical services for persons residing ~n the corporate
ltrmts of Argyle shall be commumcated to Denton m the manner spemfied by Denton
3. Discretion m Providing E.M.S Argyle understands that Denton must also
respond to requests for emergency mechcal services for persons in Denton and that Denton has
other contracts to prowde emergency rnedlcal sermces to other entat~es Denton shall have the sole
right and d~acretaon, w~thout being m breach of ti'ns Agreement and without hablhty to Argyle, to
determme
(a) Whether or not to respond to a request for medical emergency serwce,
PAGE I
(b) Whether and when personnel or eqmpment are available to respond to a request
for emergency medical sermce,
(c) The order is which to respond to a request for emergency medical se~vme, and
(d) The t~me m which to respond to a request for emergency medical service
4 Sermce Fee In conslderatton for pmvldmg emergency medical services to Argyle,
Argyle agrees to pay to Denton an annual sum during each year of this Agreement determined by
multiplying the population in Argyle by five dollars and seventy-five cents (2,000 x $5 75 =
$11,500 - current estimate) The populatton figure used shall be that contained m the latest edmon
of the North Central Texas Council of Government's Regzonal D~rectory The annual payment
shall be pa~d to Denton m equal quarterly payments on or before October 1, January 1, April I, and
July 1, of each annual term Denton may, after giving prior notice, suspend service to Argyle
dunng any period of tune Argyle is delmquent m the payment of any undisputed sermce 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 immumty or defense that would otherwise be avmlable to it against
clmms made or arising from any act or onusslon resulting from this Agreement
7 Term The term of tins Agreement shall be in one-year increments, beglnmng on
October 1, 1997 and continuing to September 30 of the following year and thereafter from year to
year until ~ermmated in accordance with this Agreement
8 Termination; Default Either party may terminate this Agreement at any tane without
cause by g~vmg ninety (90) days advance notice m writing to the other, specifying the date of termi-
nation If either party breaches a promslon of this Agreement, the other party shall give the
defaulting party written not, ce of the default Should the defaulting party fml to correct the default
wit/un thirty days of the date nonce 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 ser-
vices provided up to the date of terrmnatton
9 Notices All notmes sent under this Agreement shall be mailed, postage prepaid, to the
respective addresses, as follows
To Denton To Argyle
City Manager Mayor
City of Denton City of Argyle
215 E McKmney P O Box 1035
Denton, Texas 76201 Argyle, Texas 76226
10 Agreement Not for Benefit of Third Parties TI'us Agreement is not intended and
PAGE 2
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 stat or cause of actmn under tins Agreement shall he exclusively
m Denton County, Texas This Agreement shall be construed m accordance with the laws of the
State of Texas
EXECUTED on the ~Z~ day of f/~r~ ,199 ~'
CITY OF DENTON, TEXAS
BY j~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
CITY OF ARGYLE
ATTEST
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