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1998-055 O ANCENO 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 SECTION I. That the City Counml of the City of Denton hereby approves an Interlocal Agreement for Ambulance Service between the Oty of Denton and the City of Hickory Creek, a copy of winch ,s attached hereto and meorporated by reference herein, and the Mayor, or ,n hm absence the Mayor Pro Tem, m hereby authonzed to execute smd Agreement on behalf of the C~ty ~ That tbas ordinance shall become effective ~mmedlately upon ~ts passage and approval PASSED APPROVED tins the , 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 HICKORY CREEK Reeatals The City of Denton currently provides emergency medical servaces to the catlzens of Denton The City of Haekory Creek would hke to contract with the C~ty of Denton to receave emergency mechcal servaces for ~ts citizens Pursuant to Chapter 774 of the TEX HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperataon Act, TEX GOV'T CODE ANN §791 001, et seq, (Vernon 1994), a city may contract to prowde emergency medacal serrates to the county or another e~ty WHEREAS, both the C~ty of Denton and the C~ty of Hackory Creek have the authority to perform the services set forth m fins Agreement and~vldually and m accordance w~th TEX GOV'T CODE ANN §791 011(c)(2), and WHEREAS, the Caty of Hackory Creek wall make all payments for services out of available current revenues and the Caty of Denton agrees that the payments made by the C~ty of H~ckory Creek hereunder wall fasrly compensate at for the servaces performed, NOW, THEREFORE, WITNESSETH Agreement This Agreement is made on the~ --'~day of/t~, 199~, between the Caty of Denton, Texas ("Denton"), and the City of Hackory Creek ("H~ekory Creek") The partaes agree as follows I Deflmflons Emergency Medical Serwces or E M S means personnel and ground transportation vehicles used to respond to an individual's perceaved need for immediate medscal care and to prevent death or aggravation of physaolog~eal or psychological illness or mju~ 2. Denton to Provide EMS to Haekory Creek. Denton shall provade emergency medacal serwces to Hackory Creek m response to requests for emergency madlCal ser~qces in accor- dance wath thas Agreement All requests for emergency medical services for persons remdlng m the corporate lurers of Hickory Creek shall be commtmlcated to Denton an the manner speeafied by Denton 3 Dlseretmn in Provading E.M.S. Hickory Creek understands that Denton must also respond to requests for emergency medacal services for persons m Denton and that Denton has other contracts to provade emergency mecheal servaces to other entatles Denton shall have the sole right and dlseretlon, without beang m breach of fins Agreement and without liability to Hickory Creek, to determine (a) Whether or not to respond to a request for medacal emergency service, PAGE 1 (b) Whether and when personnel or eqmpment are available to respond to a request for emergency medical service, (c) The order is winch to respond to a request for emergency mechcal semce, and (d) The t~me m wl~ch to respond to a request for emergency medmal service 4. Service Fee In consideration for providing emergency medical services to Hickory Creek, Hickory Creek agrees to pay to Denton an annual sum dunng each year of th~s Agreement determined by multiplying the population m Hickory Creek by five dollars and seventy-five cents (2,000 x $5 75 = $11,500 - current estm~ate) The population figure used shall be that contained m the latest echtlon of the North Central Texas Council of Government's Regnonal Dtrectory The annual payment shall be prod to Denton m equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term Denton may, after glwng prior notice, suspend servme to H~ckory Creek during any period of t~me Hmkory Creek ~s dehnquent in the payment of any umhsputed service fee 5 Patient Charges In addition to the servme fee prod by Hmkory Creek, Denton may charge and collect from persons provided emergency mechcal services, the patient fees established by ordinance of Denton 6, Governmental Immunity Not Waived Neither Denton nor Hmkory Creek wmves, nor shall be deemed hereby to wmve, any munumty or defense that would otherwise be avatlable to ~t against claims made or arising from any act or onusslon resulting from tins Agreement 7 Term The term of tins Agreement shall be ~n one-year ~nerements, begtumng on October 1, 1997 and contmmng to September 30 of the following year and thereafter from year to year until ~ernnnated m accordance w~th tins Agreement 8. Termination; Default Either party may terminate tlus Agreement at any t~me without cause by giving mety (90) days advance notme m writing to the other, specifying the date of term~- nat~on I£ either party breaches a prowslon of tins Agreement, the other party shall g~ve the defaulting party written not,ce of the default Should the defaulting party fml to correct the default w~thln tinrty days of the date not,ce of default ~s sent, the other party may declare the Agreement terminated Hickory Creek shall be hable to Denton pro rata for the payment of emergency mechcal serwces provided up to the date of termination 9. Nofleas All notates sent under flus Agreement shall be mtuled, postage prepmd, to the respective addresses, as follows To Denton To Hickory Creek C~ty Manager City of Denton 215 E Melrdnney Denton, Texas 76201 PAGE 2 10 Agreement Not for Benefit of Thard Parties This Agreement ~s not ~ntended and shall not he construed to be for the benefit of any ~nd~wdual or create any duty on Denton to any third party, 11. Assagnment Neither party shall assl~ this Agreement except upon the pnor written consent of the other 12. Venue. Venue of any stat or cause of acUon under th~s Agreement shall he exclusively in Denton County, Texas This Agreement shall be construed m accordance with the laws of the State of Texas EXECUTED on the .~dayof ,~ff.~---~A ,199 Odp CITY OF DENTON, TEXAS BY JA~ ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY CITY OF HICKORY CREEK ATTESTI PAGE 3