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
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