HomeMy WebLinkAbout2000-382ORDINANCENO aoN'3�5�
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 Tem, 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 )7 �YN day of CX.dt)& 2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HFR13ERT L PROUTY, CITY ATTORNEY
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INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE
BETWEEN THE CITY OF DENTON AND
THE CITY OF KRUM
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 §791001, 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,
WITNESSETH
Agreement
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This Agreement is made on the day of 2000, between the
City of Denton, Texas ("Denton"), and the City of Krum ("Krum")
The parties agree as follows
1 Definitions Emergency h4edicat 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
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(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 Kann, Krum
agrees to pay to Denton an annual sum of $20,000 for fiscal year 2000-2001 based on a population
of 2,000 multiplied by $10 00 The population figure used is contained in the latest edition of the
North Central Texas Council of Governments estimate for January 1, 2000 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 ordi-
nance 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, 2000 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 termination
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 fall 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 Den nn
City Manager
City of Denton
215 E McKinney
Denton, Texas 76201
To Krum
Mayor
City of Krum
P O Box 217
Krum, Texas 76249
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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 p
EXECUTED on the'. day of �r 2000
ATTEST
JENNIFER WALTERS, CITY SECRETARY
EM
APPk6VED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
EULINE BROCK, MAYOR
CIT)
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ATTEST,
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