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HomeMy WebLinkAbout2002-272ORDINANCE NO. ,V 0-,Aq,9 AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM 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 Krum, a copy of which is attached hereto and incorporated by reference herein, and the Mayor, or in her absence the Mayor Pro Tern, is hereby authorized to execute said Agreement on behalf of the City. SECTION 2. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2002. / ZV'/' EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY , ..ATTORNEY BY: < INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM Recitals The City of Denton currently provides emergency medical services to the citizens of Denton. The City of Krum 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 Krum have the authority to perform the services set forth in this Agreement individually and in accordance with Tex. Gov't Code Ann. §791.011(c)(2); and WHEREAS, the City of Krum 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 Krum hereunder will fairly compensate it for the services performed; NOW, THEREFORE, AA r,YlL This Agreement is made on the �— day of V e 2002, between the City of Denton, Texas ("Denton"), and the City of Krum ("Krum"). The parties agree as follows: 1. Definitions. Emergency Medical Services or E.M.S. means personnel and ground transportation vehicles 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 Krum. Denton shall provide emergency medical services to Krum in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Krum shall be communicated to Denton in the manner specified by Denton. 3. Discretion in Providing E.M.S. Krum understands that Denton must also respond to requests for emergency medical 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 in breach of this Agreement and without liability to Krum, to determine: S:�Ur Dxummle\Cnuh W2M bul rc wnbazl8�um.Eo� P (a) Whether or not to respond to a request for medical emergency service; (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergency medical service; and (d) The time in which to respond to a request for emergency medical service. 4. Service Fee. In consideration for providing emergency medical services to Krum, Krim agrees to pay to Denton an annual sum of $32,800.00 for fiscal year 2002-2003 based on a population of 2,050 multiplied by $16.00. The population figure used is contained in the latest edition of the North Central Texas Council of Governments estimate for January 1, 2002. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Krum during any period of time Krum is delinquent in the payment of any undisputed service fee. 5. Patient Charges. In addition to the service fee paid by Krum, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordinance of Denton. 6. Governmental Immunity Not Waived. Neither Denton nor Krum waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one-year increments, beginning on October 1, 2002 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. 8. Termination; Default. Either party may terminate this Agreement at any time without cause by giving 90 days advance notice in writing to the other, specifying the date of ternnation. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default. Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Krum shall be liable to Denton pro rata for the payment of emergency medical services provided up to the date of termination. 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: To Denton: To Krum: City Manager Mayor City of Denton City of Krum 215 E. McKinney P.O. Box 217 Page 2 of 4 5 bm oocumw4�Coutrmv�Onmbvlmw wotlm4kmm.tloc Denton, Texas 76201 Krum, Texas 76249 10. Agreement Not for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other. 12. Venue. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. EXECUTED on the 3 day of �eln �z , 2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY B AP OVE AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: &U '- / 7 CITY OF DENTON, TEXAS BY: IA6k EULINE BROCK, MAYOR CITY OF KRUM BY: —0J WC6 MAYOR Page 3 of 4 r OOSS BY: "tte 'x4 SEC ARY Page 4 of 4