1998-305AN 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 Council of the City of Denton hereby approves an Interlocal
Agreement for Ambulance Service between the City of Denton and the City of Hickory Creek, a
copy of wbach is attached hereto and incorporated by reference herein, and the Mayor, or m his
absence the Mayor Pro Tern, is hereby authorized to execute said Agreement on behalf of the
City
SECTION H That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED thls the ~'~ dayof 0~/-ff/~e/~- ,19q~
JAC~,f~LLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
API:~OVED AS-- TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY ~~//~-
INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE
BETWEEN THE CITY OF DENTON AND
THE CITY OF HICKORY CREEK
Recitals
The City of Denton currently provides emergency medical serwces to the citizens of
Denton The City of Hickory Creek would like to contract with the City of Denton to receive
emergency mecheal services for its cltazens 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 city
WHEREAS, both the City of Denton and the City of Hackory Creek have the authority to
perform the services set forth m flus Agreement individually and in accordance with TEX GOV'T
CODE ANN §791 011(c)(2), and
WHEREAS, the Caty of Hickory Creek will make all payments for services out of available
current revenues and the City of Denton agrees that the payments made by the City of Hickory
Creek hereunder will fa~fly compensate it for the services performed, NOW, THEREFORE,
V~TNESSETH
Agreement
This Agreement as made on the ~_~day of ~, 199~_, between the City of Denton,
Texas ("Denton"), and the City of Hickory Creek ("Hickory Creek")
The parties agree as follows
1. Definitions Emergency Medical Services or E M S means personnel and ground
transportation vetucles used to respond to an lndavldual's perceived need for immediate mechcal
care and to prevent death or aggravation of physiological or psychological illness or injury
2. Denton to Prowde EMS to Hickory Creek. Denton shall provide emergency
medical services to Hickory Creek in response to requests for emergency medical services in accor-
dance with flus Agreement All requests for emergency merhcal services for persons resldang in the
corporate hrmts of Hickory Creek shall be communicated to Denton m the manner specified by
Denton
3. Discretion in Providing E.M S. Hickory Creek understands that Denton must also
respond to requests for emergency mechcal services for persons in Denton and that Denton has
other contracts to provide emergency medical services to other entities Denton shall have the sole
right and discretion, without being m breach of this Agreement and without liability to Hickory
Creek, to determine
(a) Whether or not to respond to a request for medical emergency service, PAGE 1
(b) Whether and when personnel or eqmpment are avmlable to respond to a request
for emergency merhcal service,
(c) The order ~s which to respond to a request for emergency medical service, and
(d) The time m which to respond to a request for emergency medical service
4. Service Fee In consideration for providing emergency medical services to H~ckory
Creek, Hickory Creek agrees to pay to Denton an annual sum dunng each year of this Agreement
determined by mult~plymg the population m Hickory Creek by six dollars and fifty cents ($6 50)
The population figure used shall be the North Central Texas Council of Government's estimate for
January 1, 1998 The annual payment shall be ptud 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 giving
prior notme, suspend service to Hickory Creek dunng any penod of time Hmkory Creek
delinquent m the payment of any undisputed service fee
$ Patient Charges In addition to the service fee prod by Hickory Creek, Denton may
charge and collect fi:om persons prowded emergency medmal services, the patient fees established
by ordanance of Denton
6. Governmental Immunity Not Waived Neither Denton nor Hickory Creek waives, nor
shall be deemed hereby to waive, any lmmumty or defense that would otherwise be avmlable to it
agmnst clanus made or arising from any act or omission resulting fi:om tins Agreement
7. Term The term of this Agreement shall be in one-year mcmments, beglnmng on
October 1, 1998 and contmumg to September 30 of the following year and thereafter from year to
year until terrmnated m accordance with tlus Agreement
8. Termination; Default Either party may ternunate tlus Agreement at any time w~thout
cause by gtwng mnety (90) days advance not,ce in writing to the other, spemfy~ng the date of term~-
nanon If e~ther party breaches a provlmon of tlus Agreement, the other party shall give the
defaulting party written nottce of the default Should the defaulting party fat to correct the default
w~tban tturty days of the date notme of default is sent, the other party may declare the Agreement
terminated Htckory Creek shall be hable to Denton pro rata for the payment of emergencY medical
services provided up to the date of termlnaUon
9 Notieas All notices sent under ttns Agreement shall be marled, postage prepaid, to the
respective addresses, as follows
To Denton To Hickory Creek
City Manager
Oty of Denton
215 E McKnmey
Denton, Texas 76201
PAGE 2
10 Agreement Not for Benefit of Third Parties Tbas 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
t~rd party
11. Assignment Neither party shall assign th~s Agreement except upon the prior written
consent of the other
12 Venue. Venue of any stut or cause of action under ttus Agreement shall lie exclusively
m Denton County, Texas Tbas Agreement shall be construed m accordance w~th the laws of the
State of Texas
E C EDonthe ,lO
CITY OF DENTON, TEXAS
BY ~
JACI~LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
ED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
CITY OF HICKORY CREEK
sgcl~T AR~ ~ '
PAGE 3