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2001-396ORDINANCENO ,qqfv AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER 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 Agreement for Ambulance Serwce between the City of Denton and the City of Sanger, a copy of whmh is attached hereto and incorporated by reference hereto, and the Mayor, or m her absence the Mayor Pro Tom, is hereby authorized to execute smd Agreement on behalf of the C~ty SECTION 2 That th~s ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED tlus the /b~l~__ dayof ~~ ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER R~e~tala The City of Denton currently provides emergency medical services to the citizens of Denton The City of Sanger would like to contract with the City of Denton to receive emergency medical services for its citizens 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 Danton and the City of Singer have the authority to perform the services set forth m fins Agreement lndlv~dually and in accordance with Tex Gov't Code Ann §791 011(0)(2), and WHEREAS, thc City of Singer will make all payments for services out of available current revenues and the C~ty of Denton agrees that the payments made by the City of Singer hereunder will foarly compensate it for the services performed, NOW, THEREFORE, WITNESSETH A~reament ^gre ment is made on the / day of City of Denton, Texas ("Denton"), and the City of Sanger ("Sang&') ,2001, between the The parties agree as follows 1. Definitions F, merEene, y Medical ,qerv~ees or g, M.,q. means personnel and ground transportatson velneles 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 Sanger Denton shall provide emergency medical services to Sanger in response to requests for emergency medical services in accordance with flus Agreement All requests for emergency medical services for persons residing m the corporate limits of Sanger shall be communicated to Denton in the manner specified by Denton 3. Discretion in Providing E M.S Sanger 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 right and discretion, without being m breach of this Agreement and without liability to Sanger, to deternune (a) Whether or not to respond to a request for medical emergency servme, (b) Whether and when personnel or eqmpment are available to respond to a request for emergency medical servme, (c) The order ~s which to respond to a request for emergency medical service, and (d) The time ~n which to respond to a request for emergency medtcal servtce 4 Serwce Fee In conslderat~on for providing emergency medical servmes to Sanger, Sanger agrees to pay to Denton the sum of $55,008 00 for fiscal year 2001-2002 based on a population of 4,584 multiplied by $12 00 The populatmn figure used ~s contmned ~n the latest edition of the North Central Texas Council of Governments estimate for January 1, 2001 The annual payment shall be prod to Denton ~n equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term Denton may, after g~wng prior not,ce, suspend servme to Sanger dunng any period of t~me Sanger ~s dehnquent ~n the payment of any undisputed service fee 5. Patient Charges In addltton to the semce fee paid by Sanger, Denton may charge and collect from persons prowded emergency medmal services, the patient fees established by ordi- nance of Denton 6 Governmental Immunity Not Wmved Neither Denton nor Sanger wmves, nor shall be deemed hereby to waive, any ~mmumty or defense that would otherwise be available to ~t agmnst clmms made or ansmg from any act or omission resulting from tins Agreement 7 Term The term of tins Agreement shall be in one-year ~ncrements, beginning on October I, 2001 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with tins Agreement 8. Termination; Default E~ther party may terminate th~s Agreement at any time without cause by glwng 90 days advance notice m writing to the other, speclfy~ng the date of termination If either party broaches a provlston of this Agreement, the other party shall g~ve the defaulting party written not, ce of the default Should the defaulting party fail to correct the default w~tinn tlurty days of the date not, ce of default ~s sent, the other party may declare the Agreement terminated Sanger shall be hable to Denton pm rata for the payment of emergency medical services prowded up to the date of termination 9. Notices All nottces sent under tins Agreement shall be marled, postage prepaid, to the respecttve addresses, as follows To ]~Pntnn Clty Manager City of Denton 215 E Mcganney Tn ~qang~r Mayor C~ty of Sanger P O Box 1729 Page 2 of 4 Denton, Texas 76201 Sanger, Texas 76266 10 Agreement Not for Benefit of Third Part, es Thas Agreement is not intended and shall not be construed to be for the benefit of any md~wdual or create any duty on Denton to any third party 11 Assignment Nmther 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 tbas Agreement shall he excluswely ~n Denton County, Texas TMs Agreement shall be construed an accordance wxth the laws of the State of Texas EXECUTED on the /~ '~dayof ~'-~,(J ,2001 CiTY OF DENTON, TE: S EULINEBROCK, MAYOR ATTEST' IENNIFBR WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY CITY OF SANGER m, / ' Page 3 of 4 ATTEST BY SECRETARY Page 4 of 4