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1998-057AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS FOR AMBULANCE SERVICES, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the C~ty Council of the C~ty of Denton hereby approves an Interlocal Agreement for Ambulance Serwce between the Cxty of Denton and the Cay of Lake Dallas, a copy of which ~s attached hereto and incorporated by reference here~n, and the Mayor, or ~n hm absence the Mayor Pro Tern, ~s hereby authorized to execute smd Agreement on behalf of the C~ty SECTION II. That tlus ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED this the ~t~ day of /~'~'~ ., 19~ ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY ! INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS Recitals The City of Denton currently provides emergency medical sermces to the citizens of Denton The City of Lake Dallas would like to contract vath the City of Denton to receive emergency medaeal sermees for ars cltazens 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 ~eq, (Vernon 1994), a mty may contract to provide emergency medical services to the county or another city WHEREAS, both the City of Denton and the City of Lake Dallas have the authority to perform the services set forth m flus Agreement mdavldually and m accordance with TEX GOV'T CODE ANN §791 011(c)(2), and WHEREAS, the City of Lake Dallas will make all payments for serwces out of available current revenues and the City of Denton agrees that the payments made by the City of Lake Dallas hereunder vail fmrly compensate it for the services performed, NOW, THEREFORE, WITNESSETH Agreement This Agreement is made on theo'~'~dfly of ]~'/~, 199o°, between the City of Denton, Texas ("Denton"), and the City of Lake Dallas (''Lake Dallas') The parties agree as follows 1 Definitions Emergency Mechcal Services or E M S means personnel and ground transportatton velucles used to respond to an individual's perceived need for immediate mechcal care and to prevent death or aggravation of physiological or psychological illness or injury 2 Denton to Provide EMS to Lake Dallas. Denton shall prowde emergency medical services to Lake Dallas m response to requests for emergency medmal services m accordance vath tlus Agreement All requests for emergency merhcal services for persons residing in the corporate hmlts of Lake Dallas shall be commumcated to Denton in the manner specffied by Denton 3. Discretion in Providing E.M.S. Lake Dallas understands that Denton must also respond to requests for emergency medacal services for persons m Denton and that Denton has other contracts to pmmde emergency medmal services to other entlt~es Denton shall have the sole right and chseret~on, without being m breach of this Agreement and without habfllty to Lake Dallas, to determme (a) Whether or not to respond to a request for medical emergency service, PAGE 1 (b) Whether and when personnel or eqmpment are available to respond to a request for emergency mechcal serwce, (c) The order ~s which to respond to a request for emergency methcal serwce, and (d) The time m wbach to respond to a request for emergency medical service 4. Service Fee In cons~deratmn for provxdxng emergency medical services to Lake Dallas, Lake Dallas agrees to pay to Denton an annual sum during each year of thxs Agreement determined by multiplying the population m Lake Dallas by five dollars and seventy-five cents (4,650 x $5 75 = $26,737 50 - current esUmate) The population figure used shall be that contained In the latest edxtxon of the North Central Texas Council of Government's Regional D~rectory The annual payment shall be prod to Denton m equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term Denton may, al[er gavlng prior notxce, suspend service to Lake Dallas dunng any period of tnne Lake Dallas xs dehnquent m the payment of any undmputed service fee 5 Patient Charges In adchtxon to the servxce fee prod by Lake Dallas, Denton may charge and collect from persons prowded emergency mechcal services, the patient fees estabhshed by ordi- nance of Denton 6 Governmental Immumty Not Wmved Neither Denton nor Lake Dallas waives, nor shall be deemed hereby to wmve, any ~mmumty or defense that would otherwxse be available to ~t against clmms made or anmng from any act or omasslon resulting from thxs Agreement 7. Term The term of fins Agreement shall be in one-year increments, begum~ng on October 1, 1997 and contmuang to September 30 of the following year and thereai~er from year to year tmtfl terminated ~n accordance w~th tl~s Agreement 8. Termination; Default E~ther party may terminate th~s Agreement at any tmae w~thout cause by g~vmg mnety (90) days advance hOrace m wntang to the other, spec~fymng the date of terma- nat~on If e~ther party breaches a prowslon of flus Agreement, the other party shall give the defaulting party written notice of the default Should the defaulting party fail to correct the default within thfl'ty days of the date not,ce of default ~s sent, the other party may declare the Agreement terminated Lake Dallas shall be hable to Denton pro rata for the payment of emergency medical services provaded up to the date of ternunaUon 9. Notices All not~ees sent under tbas Agreement shall be mailed, postage prepmd, to the respective addresses, as follows To Denton To Lake Dallas City Manager City Manager CKyofDenton Cxty of Lake Dallas 215 E MeKumey P O Box 368 Denton, Texas 76201 Lake Dallas, TX 75065 PAGE 2 shall not be construed to be for the benefit of any lndlvlflual or create any duty on Denton to any flurd party ll. Assignment Neither party shall assign th~s Agreement except upon the prior wratten consent of the other 12 Venue. Venue of any suat or cause of acnon under flus Agreement shall he exclusavely in Denton County, Texas Tins Agreement shall be construed in accordance with the laws of the State of Texas EXECUTED on the .~a(day of/~ ,199 g CITY OF DENTON, TEXAS JACK I~ER, MAYOR ATTEST ~ENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTOI~NBY CITY OF LAKE DALLAS BY ~- ATTEST: ~ SECRETARY ~ , ~ PAGE 3