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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 Page 2 of 4 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 Page 3 of 4 Page 4 of 4