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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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