2001-395OP, OINANCE NO
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 1 That the C~ty Council of the C~ty of Denton hereby approves an Interlocal
Agreemem for Ambulance Servtee between the C~ty of Denton and the C~ty of Argyle, a copy of
whach is attached hereto and mCOlporated by reference herein, and the Mayor, or m her absence
the Mayor Pro Tem, ~s hereby authorized to execute smd Agreement on behalf of the C~ty
SECTION 2 That th~s ordinance shall become effective ~mmedmtely upon 1ts passage
and approval
PASSED ANDAPPROVEDth,sthe /~'~ dayof ~~ .2001
EULINE BROCK, MAYOR
ATTEST.
JENNIFI~R WALTERS. CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE
BETWEEN THE CITY OF DENTON AND
THE CITY OF ARGYLE
The CaW of Denton currently provides emergency medxcal sermces to the citizens of Denton
The CaW of Argyle would hke to contract w~th the City of Denton to receive emergency medmal
servmes for tis mtazens 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 mty
may contract to promde emergency medical servmes to the county or another mty
WHEREAS, both the Caty of Denton and the C~ty of Argyle have the anthonty to perform the
servmes set forth m th~s Agreement mdlwdualIy and m accordance w~th Tex Gov't Code Ann
§791 011(c)(2), and
WHEREAS, the C~ty of Argyle will make all payments for services out of avadable current
revenues and the C~ty of Denton agrees that the payments made by the C~ty of Argyle hereunder will
fmrly compensate ~t for the services performed, NOW, THEREFORE,
WITNESSETH
Agreement
This Agreement is made on the /~'~L day of /f~/q.~7~)-~
Denton, Texas ("Denton"), and the City of Argyle ("Argyle")
,2001, between the Caty of
The part, es agree as follows
1 Definitions Rraer_oenay M~dmal g~rmc, e,~ or R M g. means personnel and ground
transportatmn vehicles used to respond to an mdav~dual's perceived need for ~mmedmte medmal care
and to prevent death or aggravatmn ofphysmlogmal or psychological illness or mjury
2 Denton to Prowde EMS to Argyle Denton shall prowde emergency medmal services
to Argyle m response to requests for emergency medical services in accordance with th~s Agreement
All requests for emergency medical services for persons residing m the corporate hm~ts of Argyle shalI
be eommumeated to Denton m the manner spemfied by Denton
3 Discretion in Providing E M S Argyle understands that Denton must also respond to
requests for emergency medina1 services for persons m Denton and that Denton has other contracts to
prowde emergency medical servmes to other entrees Denton shall have the sole right and d~scret~on,
w~thout being an breach of th~s Agreement and w~thout habfl~W to Argyle, to determine
(a) Whether or not to respond to a request for medacal emergency service,
(b) Whether and when personnel or eqmpment 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 servme
4 Service Fee In consideration for providing emergency medical serrates to Argyle, Argyle
agrees to pay to Denton the sum of $29,340 00 for fiscal year 2001-2002 based on a population of
2,445 multlphed by $12 00 The population figure used is contained in the latest edition of the North
Central Texas Council of Governments esOmate for January 1, 2001 The annual payment shall be prod
to Denton in equal quarterly payments on or before October I, January 1, April 1, and July 1 Denton
may, after giving prior notice, suspend servme to Argyle during any period of time Argyle is dehnquent
m the payment of any undisputed service 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 ordinance of
Denton
6 Governmental Immunity Not Waived Neither Denton nor Argyle waives, nor shall be
deemed hereby to waive, any lmmumty or defense that would otherwise 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 thereafter from year to year untd
terminated in accordance w~th 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 notme of the default Should the defaulting party fall to correct the default within thirty days of
the date notice 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 serwces provided up to the date of
termination
9 Notices All notices sent under thxs Agreement shall be mailed, postage prepaid, to the
respective addresses, as follows
To Denton
Clty Manager
City of Denton
215 E McKmney
Denton, Texas 76201
Tn Argyle
Mayor
City of Argyle
P O Box 609
Argyle, Texas 76226
I0, 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 assxgn th~s Agreement except upon the prior written
consent of the other
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12 Venue Venue of any stat or cause of actton under th~s Agreement shall he exclusively ~n
Denton County, Texas This Agreement shall be construed m accordance with the laws of the State of
Texas
EXECUTED on the /~¢dayof /~~' ,2001
CITY OF DENTON, TEXAS
EUL1NE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
BY
E
ATTEST
SECRETARY
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