1998-303 O INANCE NO qF'
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
SECTION I. That the C~ty Council of the C~ty of Denton hereby approves an Interlocal
Agreement for Ambulance Servme between the C~ty of Denton and the C~ty of Argyle, a copy of
whmh ~s attached hereto and ~ncorporated by reference hereto, and the Mayor, or m his absence
the Mayor Pro Tem, ~s hereby authorized to execute smd Agreement on behalf of the C~ty
SECTION II That ti'ns ordinance shall become effective ~mmedmtely upon ~ts passage
and approval
PASSED AND APPROVED thls the ~ ¢ dayof ~¢/~ ,19 ~
JAC~ILLER, MAYOR
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
Jovs; TO LEG2' / m
HERBERT L PROUTY, CITY ATTORNEY
INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE
BETWEEN THE CITY OF DENTON AND
THE CITY OF ARGYLE
Recitals
The City of Denton currently provides emergency medical services to the citizens of
Denton The City of Argyle would like to contract with the City of Denton to receive emergency
medical services for as citizens Pursuant to Chapter 774 of the TEX HEALTH AND SAFETY
CODE (Vernon 1992) and the Interloeal Cooperation Act, TEX GOV'T CODE ANN §791 001, et
seq, (Vernon 1994), a city may contract to provide emergency medical services to the county or
another city
WHEREAS, both the City of Denton and the City of Argyle have the authonty to perform
the services set forth m this Agreement individually and in accordance with TEX GOV'T CODE
ANN §791 011(¢)(2), and
WHEREAS, the City of Argyle will make all payments for services out of avmlable current
revenues and the City of Denton agrees that the payments made by the City of Argyle hereunder
will fmrly compensate it for the services performed, NOW, THEREFORE,
WITNESSETH
Agreement
TlUs Agreement is made on the~~day of ~/~, 199~, between the City of Denton,
Texas ("Denton"), and the City of Argyle ("Argyle")
The parties agree as follows
1. Definitions Emergency Medical Services or E M S means personnel and ground
transportation vebacles used to respond to an individual's perceived need for immediate medical
care and to prevent death or aggravatlnn of physiological or psychological illness or injury
2. Denton to Provide EMS to Argyle. Denton shall provide emergency medical
services to Argyle m response to requests for emergency medical services m accordance with this
Agreement All requests for emergency medical services for persons residing in the corporate
limits of Argyle shall be commumcated to Denton in the manner specified by Denton
3 Discreiaun in Providing 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 prowde 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 Argyle, to
determine
(a) Whether or not to respond to a request for medical emergency service,
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(b) Whether and when personnel or eqmpment are avmlable to respond to a request
for emergency mechcal sennce,
(c) The order is winch to respond to a request for emergency medical servme, and
(d) The tune m wluch to respond to a request for emergency mechcal service
4. Service Fee In consideration for prov~hng emergency medical services to Argyle,
Argyle agrees to pay to Denton an annual sum dunng each year of ttus Agreement detenmned by
multlplymg the populatxon m Argyle by s~x dollars and fifty cents ($6 50) The populatmn figure
used shall be the North Central Texas Council of Government's estimate for January 1, 1998 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, after g~vmg prior notme, suspend
servme to Argyle dunng any period of t~me Argyle ~s delinquent ~n the payment of any undisputed
service fee
5 Patient Charges In addition to the sermce fee prod by Argyle, Denton may charge and
collect from persons proxaded emergency merhcal services, the patient fees estabhshed by ordi-
nance of Denton
6 Governmental Immumty Not Waived Neither Denton nor Argyle wmves, nor shall
be deemed hereby to watve, any lmmumty or defense that would otherwise be available to it agmnst
clauns made or arising from any act or omission resulting from tins Agreement
7. Term The term of tlus Agreement shall be ~n one-year ~ncrements, begmmng on
October 1, 1998 and continuing to S~ptember 30 of the following year and thereafter from year to
year until terminated m accordance w~th ttus Agreement
8 Termination; Default E~ther party may terminate th~s Agreement at any t~me without
cause by g~wng ninety (90) days advance not, ce m writing to the other, spemfy~ng the date of term~-
nat~on If either party breaches a prowslon of tl~s Agreement, the other party shall g~ve the
defaulting party written not,ce of the default Should the defaulting party fad to correct the default
w~tinn tinrty days of the date not,ce of default ~s sent, the other party may declare the Agreement
terminated Argyle shall be hable to Denton pro rata for the payment of emergency medical ser-
vices prowded up to the date of termination
9. Notices All notices sent under thru Agreement shall be mmled, postage prepmd, to the
respectave addresses, as follows
To Denton To Argyle
City Manager Mayor
City of Denton City of Argyle
215 E MclCdnney P O Box 1035
Denton, Texas 76201 Argyle, Texas 76226
10. Agreement Not for Benefit of Third Part,es This Agreement ~s not intended and
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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 asmgn th~s Agreement except upon the prior written
consent of the other
12. Venue. Venue of any stat or cause of action under fins Agreement shall lie exclusively
m Denton County, Texas Thus Agreement shall be construed m accordance w~th the laws of the
State of Texas
,1.
CITY OF DENTON, TEXAS
BY JA~
ATTEST
JENNIFER WALTERS, ~I7 SECRETARY
APP~VED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
[
CITY OF ARGYLE
B - ~O'-
ATTEST , g~40 . ~i~
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