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2000-381 ORDINANCE NO ~ AN ORDINANCE APPROVING AN 1NTERLOCAL 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 ~ That the City Council of the C~ty of Denton hereby approves an Interlocal Agreement for Ambulance Service between the City of Denton and the City of Argyle, a copy of which is, attached hereto and incorporated by reference herein, and the Mayor, or ~n her absence the Mayor Pro Tern, is hereby authorized to execute smd Agreement on behalf of the City ~ECTION 2 That this or~hnance shall become effective immediately upon its passage and approval PASSED AND APPROVED tlus the t ~ ~ day of ~)0~dgc~o~[- ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER 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 City of Denton currently provides emergency medical services to the citizens of Denton The Cxty of Argyle would like to contract with the City of Denton to receive emergency medical services for 1ts citizens Pursuant to Chapter 774 of the Tex Health and Safety Code (Vernon 1992) and the Interloeal 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 c~ty WHEREAS, both the City of Denton and the C~ty of Argyle have the anthonty to perform the servxees set forth in this Agreement individually and in accordance with Tex Gov't Code Ann §791 011(c)(2), and WHEREAS, the City of Argyle wall make all payments for services out of avmlable current revenues and the City of Denton agrees that the payments made by the C~ty of Argyle hereunder will fturly compensate it for the services performed, NOW, THEREFORE, WITNESSETH This Agreement is made on the/~n~ day of ~t~)~"~'-'., 2000, between the City of Denton, Texas ("Denton"), and the City of Argyle ("Argyle") The parties agree as follows 1 Definitions Emergency Medmal Servmes or E M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for ~mmedtate mechcal care and to prevent death or aggravation of physiological or psychologmal dlness or ~njury 2 Denton to Provide EMS to Argyle Denton shall provide emergency medical services to Argyle in response to requests for emergency medical services m accordance with this Agreement All requests for emergency medical servmes for persons residmg ~n the corporate hmtts &Argyle shall be eommumeated to Denton tn the manner specffied by Denton 3. D~scretion in Providing E M S Argyle understands that Denton must also respond to requests for emergency medmal services for persons m Denton and that Denton has other contracts to provide emergency medical services to other ent~ties Denton shall have the sole right and &scretton, wahout being m breach of th~s Agreement and w~thout habthty to Argyle, 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 medmal service, (c) The order is wbach to respond to a request for emergency mechcal service, and (d) The t~me m whmh to respond to a request for emergency medical service 4. Service Fee In consideration for prowdmg emergency medical serwces to Argyle, Argyle agrees to pay to Denton the sum of $22,500 00 for fiscal year 2000-2001 based on a populatiOn of 2,250 multaphed by $10 00 The population figure used is contamed m the latest edition of the North Central Texas Council of Governments estimate for January 1, 2000 The annual payment shall be pa~d to Denton m equal quarterly payments on or before October 1, January 1, April 1, and July 1 Denton may, after giving prior notice, suspend servme to Argyle during any period of tame Argyle ~s delinquent m the payment of any undisputed service fee 5. Patient Charges In addition to the service fee prod by Argyle, Denton may charge and collect from persons prowded emergency medical services, the patient fees established by ordi- nance of Denton 6. Governmental Immumty Not Wmved Neither Denton nor Argyle wmves, 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 th~s Agreement 7. Term The term of this Agreement shall be m one-year increments, begmmng on October 1, 2000 and continuing to September 30 of the following year and thereafter from year to year until terminated m accordance with this Agreement 8. Termination; Default Either party may terminate th~s Agreement at any time w~thout cause by g~vlng 90 days advance not,ce In wntmg to the other, specifying the date of termination If either party breaches a provision of this Agreement, the other party shall g~ve the defaulting party written notice of the default Should the defaultang party fall to correct the default w~thln thirty days of the date notice of default is sent, the other party may declare the Agreement terrmnated Argyle shall be liable to Denton pm rata for the payment of emergency mechcal services provided up to the date of ternunatlon 9. Notices All notices sent under this Agreement shall be mmled, postage prepmd, to the respectave addresses, as follows To l)~ntan To Argyle C~ty Manager Mayor City of Denton C~ty of Argyle 215 E MeKlnney P O Box 609 Denton, Texas 76201 Argyle, Texas 76226 Page 2 of 4 10 Agreement Not for Benefit of Th]rd Parties Thts Agreement ~s 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. AssLgnment Neither party shall assxgn th~s Agreement except upon the prior written consent of the other 12. Venue. Venue of any stat or cause of action under flus Agreement shall he exclusLvely m Denton County, Texas This Agreement shall be construed m accordance w~th the laws of the State of Texas ., 000 CITY OF DENTON, TEXAS EULINE BROCK, MAYOR ATTEST YENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY CITY OF ARGYLE Page 3 of 4 Page 4 of 4