1999-389 OUOINANCE SO __q_q- $Oq
AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF HICKORY CREEK FOR
AMBULANCE SERVICES, AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the C~ty Council of the C~ty of Denton hereby approves an Interlocal
Agreement for Ambulance Service between the C~ty of Denton and the C~ty of Htckory Creek, a
copy of wluch is attached hereto and mcorporated by reference herren, and the Mayor, or in his
absence the Mayor Pm Tem, ~s hereby authorized to execute smd Agreement on behalf of the
City
~ That thru ordinance shall become effecttve ~mmedlately upon ~ts passage
and approval
PASSED AND APPROVED tlus the ~]{J dayof /~/~k~/' ,1999
JACK~E'R, MAYOR
ATTEST,
JENNIFER WALTERS, CITY SECRETARY
INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE
BETWEEN THE CITY OF DENTON AND
THE CITY OF HICKORY CREEK
Recitals
The City of Denton currently provides emergency mechcal services to the CltlZ~lS of
Denton The C~ty of H~ckory Creek would hke to contract with the C~ty of Denton to receave
emergency medical services for ~ts c~tazans 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 c~ty may contract to prowde emergency medical services to the county or another
c~ty
WHEREAS, both the C~ty of Denton and the C~ty of H~akory Creek have the anthonty to
perform the services set forth m th~s Agreement individually and ~n accordance w~th Tex Gov't
Code Ann §791 011(c)(2), and
WHEREAS, the City of Hickory Creek will make all payments for services out of avmlable
current revenues and the C~ty of Denton agrees that the payments made by the C~ty of Hackory
Creek hereunder will fairly compensate ~t for the services performed, NOW, THEREFORE,
WITNESSETH
Agreement
Tlus Agreement ~s made on the~~day of/~//gt97~999, between the C~ty of Denton,
Texas ("Denton"), and the C~ty of H~ekory Creek ("Hickory Creek")
The pames agree as follows
1, Deflnffions Emergency Medmal Servmes or E M S means personnel and ground
transportation velucles used to respond to an ~ndawdual's perceaved need for ~mmedmte medacal
care and to prevent death or aggravatton of physiological or psychological illness or ~njury
2. Denton to Provide EMS to H~ekory Creek Denton shall prowde emergency
medical services to H~ckory Creek m response to requests for emergency medmal services ~n actor-
dance wRh flus Agreement All requests for emergency medical services for persons resldang in the
corporate lun~ts of H~ckory Creek shall be communicated to Denton m the manner spemfied by
Denton
3 Discretion m Prowding E.M.S H~ckory Creek understands that Denton must also
respond to requests for emergency medmal sennces for persons ~n Denton and that Denton has
other contracts to prowde emergency medacal serwces to other ent~tles Denton shall have the sole
right anfl d~seretaon, w~thout being in breach of th~s Agreement and w~thout habflaty to H~ckory
Creek, tO determine
(a) Whether or not to respond to a request for medmal emergency service, PAGE 1
(b) Whether and when personnel or equipment are available to respond to a request
for emergency me(heal service,
(c) The order ~s winch to respond to a request for emergency medical service, and
(d) The tnne m winch to respond to a request for emergency medical service
4. Service Fee In consideration for prowd~ng emergency medscal servaces to H~ekury
Creek, Haekory Creek agrees to pay to Denton the sum of $16,400 for fiscal year 1999-2000 based
on a populataun of 2,050 multuphed by $8 00 The populataon figure used ~s contaaned ~n the latest
edmon of the North Central Texas Council of Governments estimate for January 1, 1999 The
annual payment shall be pa~d to Denton m equal quarterly payments on or before October l,
January 1, April 1, and July 1, of each annual term Denton may, after g~wng prior not,ce, suspend
service to t-hckory Creek dunng any period of t~me Hickory Creek ~s dehnquent m the payment of
any undisputed service fee
$ Patient Charges In add~taon to the service fee paid by H~ckory Creek, Denton may
charge and collect from persons provided emergency medical serwces, the pataent fees estabhshed
by ordinance of Denton
6. Governmental Immunity Not Wmved Neither Denton nor H~ckory Creek waives, nor
shall be deemed hereby to waave, any nnmurnty or defense that would otherwise be available to ~t
against clamas made or arising from any act or omission resulting from this Agreement
7 Term The term of flus Agreement shall be m one-year increments, begunmng on
October 1, 1999 and contmtung to September 30 of the following year and thereatter from year to
year until tenmnated m accordance w~th flus Agreement
8 Termination; Default E~ther party may ternnnate flus Agreement at any t~me without
cause by g~wng 90 days advance not~ee m writing to the other, specff3nng the date of termmat~on
If either l~arty breaches a provision of flus Agreement, the other party shall g~ve the defaulting party
written not~ee of the default Should the defaulting party fail to correct the default Wlthan flurry
days of the date nottce of default ~s sent, the other party may declare the Agreement terminated
H~ckory Creek shall be hable to Denton pro rata for the payment of emergency medtcal services
provided up to the date of termmat~un
9. Notices All notaces sent under flus Agreement shall be marled, postage prepaid, to the
respective addresses, as follows
To Denton To H~ckory Creek
C~ty Manager Mayor
Ctty of Denton Town of H~ckory Creek
215 E Mcganney P O Box 453
D~nton, Texas 76201 Lake Dallas, Texas 75065
PAGE 2
10 Agreement Not for Benefit of Third Part~es Tlus Agreement ns not intended and
shall not be construed to be for the benefit of any m&v~dual or create any duty on Denton to any
third party
11 Assignment Neither party shall assign ttus Agreement except upon the prior written
consent of the other
12. Venue. Venue of any stat or cause of action under tlus Agreement shall he exclusively
m Denton County, Texas Th~s Agreement shall be construed m accordance with the laws of the
State of Texas
E×EC rED on the dayof , oo9
CITY OF DENTON, TEXAS
BYJA~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
//
API~OVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
ATTEST -' '
PAGE 3