2002-076O INANCE NO. OOc?-
AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF NORTHLAKE FOR
AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA1NS:
SECTION 1. 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 Northlake, a copy
of which is attached hereto and incorporated by reference herein, and the Mayor, or in her
absence the Mayor Pro Tern, is hereby authorized to execute said Agreement on behalf of the
City.
SECTION 2. That this ordinance shall become effective immediately upon its passage
and approval.
P ASSEDAND APPROVED thisthe d~dayof ~kfl~d~ ,2001.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
API~OVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE
BETWEEN THE CITY OF DENTON AND
THE CITY OF NORTHLAKE
The City of Denton currently provides emergency medical services to the citizens of
Denton. The City of Northlake would like to contract with the City of Denton to receive
emergency medical services for its citizens in the area of Northlake serviced by the Argyle
Volunteer Fire Department. 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 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 Northlake have the authority to
perform the services set forth in this Agreement individually and in accordance with Tex. Gov't
Code Ann. §791.011(c)(2); and
WHEREAS, the City of Nmthlake will make all payments for services out of available
current revenues and the City of Denton agrees that the payments made by the City of Northlake
hereunder will fairly compensate it for the services performed; NOW, THEREFORE,
WlTNESSETH
This Agreement is made on the ].~ day of ._~~., 2001, between the City
of Denton, Texas ("Denton"), and the City ofNorthlake, "Northlake").
The parties agree as follows:
1. Definitions. Emergency Medical ,qervices or E.M.,q. means personnel and ground
transportation vehicles used to respond to an individual's perceived need for immediate medical
care and to prevent death or aggravation of physiological or psychological illness or injury.
2. Denton to Provide EMS to a portion of Northlake. Denton shall provide emer-
gency medical services to the area of Northiake that the Argyle Volunteer Fire Department agreed
to provide services to in response to requests for emergency medical services in accordance with
this Agreement. All requests for emergency medical services for persons residing in the areas of
the corporate limits of Northlake that receive services fi.om the Argyle Volunteer Fire Department
shall be communicated to Denton in the manner specified by Denton.
3. Discretion in Providing E.M.S. Northlake understands that Denton must also
respond to requests for emergency medical services for persons in Denton and that Denton has
other contracts to provide emergency medical services to other entities. Denton shall have the sole
fight and discretion, without being in breach of this Agreement and without liability to Northlake,
to determine:
(a) Whether or not to respond to a request for medical emergency service;
(b) Whether and when personnel or equipment are available to respond to a request
for emergency medical service;
(c) The order is which to respond to a request for emergency medical service; and
(d) The time in which to respond to a request for emergency medical service.
4. Service Fee. In consideration for providing emergency medical services to Northlake,
Northlake agrees to pay to Denton the sum of $4,500.00 for fiscal year 2001-2002. The annual
payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1,
April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to
Northlake during any period of time Northlake is delinquent in the payment of any undisputed
service fee.
5. Patient Charges. In addition to the service fee paid by Northlake, Denton may charge
and collect fi:om persons provided emergency medical services, the patient fees established by ordi-
nance of Denton.
6. Governmental Immunity Not Waived. Neither Denton nor Northlake waives, nor
shall be deemed hereby to waive, any immunity or defense that would other, vise be available to it
against claims made or arising from any act or omission resulting from this Agreement.
7. Term. The term of this Agreement shall be in one-year increments, beginning on
October 1, 2001 and continuing to September 30 of the following year and therea~er from year to
year until terminated in accordance with this Agreement.
8. Termination; Default. Either party may terminate this Agreement at any time without
cause by giving 90 days advance notice in writing to the other, specifying the date of termination.
If either party breaches a provision of this Agreement, the other party shall give the defaulting party
written notice of the default. Should the default'rog party fail to correct the default within thirty
days of the date notice of default is sent, the other party may declare the Agreement terminated.
Northlake shall be liable to Denton pro rata for the payment of emergency medical services
provided up to the date of termination.
9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the
respective addresses, as follows:
City Manager
City of Denton
215 E. McKinney
Denton, Texas 76201
Mayor
City of Northlake
P.O. Box 729
Northlake, Texas 76247
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10. Agreement Not for Benefit of Third Parties. This 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
third party.
11. Assignment. Neither party shall assign this Agreement except upon the prior written
consent of the other.
12. Venue. Venue of any suit or cause of action under this Agreement shall lie exclusively
in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the
State of Texas.
EX C ED on the dayof ,2OOl.
CITY OF DENTON, TEXAS
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
CITY OF NORTHLAKE
M YOR
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