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2000-384 ORDINANCE NO ~ AN ORDINANCE APPROVING AN 1NTERLOCAL 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 City Council of the City of Denton hereby approves an Interlocal Agreement for Ambulance Service between the City of Denton and the City of Sanger, a copy of which ts attached hereto and incorporated by reference herein, and the Mayor, or in her absence the Mayor Pro Tem, ts hereby anthonzed to execute said Agreement on behalf of the City ~ That this orthnance shall become effective immediately upon its passage and approval PASSED AND APPROVED thls the /fl~x dayof_ O~O6~.r ,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 SANGER 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 Denton and the City of Sanger have the anthonty to perform the services set forth ua flus Agreement ~nd~v~dually and in accordance with Tex Gov't Code Ann §791 01 l(c)(2), and WHEREAS, the City of Sanger will make all payments for serwces out of available current revenues and the City of Denton agrees that the payments made by the C~ty of Sanger hereunder will fairly compensate it for the services performed, NOW, THEREFORE, WITNESSETH Th~s Agreement is made on the /~7~_ day of ~., 2000, between the City of Denton, Texas ("Denton"), and the City of Sanger ("Sanger") The par~les agree as follows 1. Deflmtions Erect?ney Medical ,qerv~ees or E.M.,% means personnel and ground transportatton velueles 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 meA~cal services to Sanger m response to requests for emergency mechcal services m accordance with th~s Agreement All requests for emergency medical serwces for persons residing ua the corporate hnnts of Sanger shall be commumcated to Denton m the manner specified by Denton 3. Discretion in Providuag E M S Sanger understands that Denton must also respond to requests for euaergency medical services for persons in Denton and that Denton has other contracts to provide emergency medteal services to other ent~tles Denton shall have the sole right and chscret~on, without being m breach of this Agreement and without habfl~ty to Sanger, to determine (a) Whether or not to respond to a request for medical emergency service, (b) Whether and when personnel or equipment are avadable to respond to a request for emergency medical service, (c) The order is which to respond to a request for emergency methcal service, and (d) The t~me m wluch to respond to a request for emergency medical service 4. Service Fee In consideration for provlchng emergency medical services to Sanger, Sanger agrees to pay to Denton the sum of $53,000 for fiscal year 2000-2001 based on a population of 5,300 multiplied by $10 00 The population figure used ~s contmned in the latest edition of the North Central Texas Cotmcd of Governments estimate for January 1, 2000 The annual payment shall be prod to Denton in equal quarterly payments on or before October 1, January 1, Apnl 1, and July 1, of each annual term Denton may, after giving prior notice, suspend serrate to Sanger dunng any period of ttme Sanger is delmquent ~n the payment of any undisputed service fee 5. Patient Charges In addmon to the servme fee pa~d by Sanger, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordi- nance of Denton 6. Governmental Immunity Not Waived Neither Denton nor Sanger waives, nor shall be de~ed hereby to wmve, any immunity or defense that would othe~vise be avmlable to it agmnst claims made or ansmg from any act or omlss~on resulting from this Agreement 7. Term The term of ttus Agreement shall be in one-year increments, begmmng on October 1, 2000 and continuing to S~tcmaber 30 of the following year and thereafter from year to year until terminated m accordance with ttus Agreement 8. TermlnaUon; Default Either party may terminate this Agreement at any time w~thout cause bY g~vmg 90 days advance not, ce m wntmg to the other, specifying the date of termination If either party breaches a pmmslon of this Agreement, the other party shall give the defaulting party written notice of the default Should the defaulting party fall to correct the default within tturty days of the date nottce of default ~s sent, the other party may declare the Agreement terminated Sanger shall be hable to Denton pro rata for the payment of emergency mechcal services promded up to the date of termmatlon 9. Notices All notxces sent under this Agreement shall be mmled, postage prepmd, to the respective addresses, as follows To l~nton C~ty Manager C~ty of Denton 215 E MeKdnney Denton, Texas 76201 Tn ganger Mayor C~ty of Sanger P O Box 1729 Sanger, Texas 76266 Page 2 of 4 10. Agreement Not for Benefit of Third Part,es This Agreement is not intended and shall not ~e construed to be for the benefit of any individual or create any duty on Denton to any third part~ 11. Assignment Neither party shall asslgtl this Agreement except upon the prior written consent of the other 12. Venue. Venue of any stat or cause of action under th~s Agreement shall he exclusively m Denton County, Texas This Agreement shall be construed in accordance with the laws of the State of Texas EXECUTED on the [q~/~ day of (~F_A.~ ,2000 CITY OF DENTON, TEXAS EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY CITY OF SANGER BY Page 3 of 4 ATTEST' SECRETARY Page 4 of 4