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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 Page 2 of 3 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 Page 3 of 3