1999-390 O CENO qq-
AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF K_RUM FOR AMBULANCE
SERVICES, AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the City Council of the City of Denton hereby approves an Interloeal
Agreement for Ambulance Servme 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 an his absence
the Mayor Pro Tern, is hereby authorized to execute said Agreement on behalf of the City
~ That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the c~ ,od day of.~'~//~/T]/~gf ,. 1999
ATTEST
JENNIFER WALTERS, CITY SECRETARY
AP~;V~Zs TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
INTERLOCA~. AGREEMENT FOR AMBULANCE SERVICE
BETWEEN THE CITY OF DENTON AND
THE CITY OF KRUM
Recitals
The C~ty of Denton currently prowdes emergency mcdmal servmes to the c~t~zens of
Denton The C~ty of Krum would hke to contract w~th the C~ty of Denton to receive emergency
medical services for ~ts c~t~zens Pursuant to Chapter 774 of the Tex Health and Safety Code
(Vemon 1992) and the Interlocal Cooperatmn Act, Tex Gov't Code Ann §791 001, et seq,
(Vernon 1994), a c~ty may contract to provide emergency medmal servmes to the county or another
c~ty
WHEREAS, both the Ctty of Denton and the C~ty of Krum have the authority to perform
the serwces set forth ~n this Agreement md~wdually and ~n accordance w~th Tex Gov't Code Ann
§791 011(c)(2), and
WHEREAS, the C~ty of Krum will make all payments for serwces out of available current
revenues and the C~ty of Denton agrees that the payments made by the C~ty of Krum hereunder w~ll
fmrly compensate ~t for the services performed, NOW, THEREFORE,
WITNESSETH
Agreement
This Agreement ~s made on the~_~day of/t~//g/~b~,, 1999, bettween the C~ty of Denton,
Texas ("Denton'), and the C~ty of Krum ("Krum")
The part,es agree as follows
1 Defimtions _Emergency Medical Services or E M S means personnel and ground
transportatmn vehicles used to respond to an ~nd~v~dual's perceived need for ~mmedmte medical
care and to prevent death or aggravation ofphys~ologmal or psychological ~llness or ~njury
2 Denton to Prowde EMS to Krum Denton shall prowde emergency medical
services to Krum m response to requests for emergency medical services in accordance w~th this
Agreement All requests for emergency medical services for persons res~dtng ~n the corporate
hm~ts of Krum shall be commumcated to Denton ~n the manner specffied by Denton
3 Discretion ~n Prowthng E M S Krum understands that Denton must also respond
to requests for emergency medmal services for persons ~n Denton and that Denton has other
contracts to prowde emergency medical servmes to other ent~t~es Denton shall have the sole right
and d~scretton, w~thout being ~n breach of this Agreement and w~thout hahihty to Krum, 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 available to respond to a request
for emergency medical serwce,
(c) The order is which to respond to a request for emergency medical service, and
(d) The t~me ~n which to respond to a request for emergency medical service
4 Service Fee In consideration for prowdlng emergency medical services to Krum, Krum
agrees to pay to Denton an annual sum of $15,200 for fiscal year 1999-2000 based on a population
of 1,900 multiplied by $8 00 The population figure used is contained in the latest edition of the
North Central Texas Council of Governments estimate for lanuary 1, 1999 The annual payment
shall be paid to Denton tn 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 dunng
any period of time Krum is delinquent m the payment of any undisputed service fee
5 Patient Charges In addition to the service fee pad 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 lmmumty or defense that would otherwise be available to it agamst
claims made or arising from any act or omission resulting fi'om this Agreement
7 Term The term of this Agreement shall be in one-year ~ncrements, beglnmng on
October 1, 1999 and continuing to September 30 of the following year and thereafter from year to
year until termmated ~n accordance with this Agreement
8 Termination, Default E~ther party may terminate th~s Agreement at any t~me without
cause by g~vlng 90 days advance notice m writing to the other, specifying the date of ternnnatlon
If either party breaches a provision of tbs Agreement, the other party shall give the defaulting party
written notme of the default~ Should the defaulting party fall to correct the default w~thln tturty
days of the date notice of default ~s sent, the other party may declare the Agreement terminated
Krum shall be hable to Denton pro rata for the payment of emergency medical services prowded up
to the date oftermmation
9 Notlees 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 C~ty of Krum
215 E Mclrdnney PO Box217
Denton, Texas 76201 Krum, Texas 76249
10 Agreement Not for Benefit of Third Parties This Agreement ts not ~ntended and
shall not be construed to be for the benefit of any individual or create any duty on Denton to any
PAGE 2
third party
11 Assignment Neither party shall assign th~s Agreement except upon the prior written
consent of the other
12 Venue Venue of any stat or cause of action under th~s Agreement shall lie exclusively
~n Denton County, Texas Thru Agreement shall be construed in accordance w~th the laws of the
State of Texas
EXECUTED on the ~ ,/2/]
CITY OF DENTON, TEXAS
BY JAC~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
API~OVED AS TO LEGAL FORM
CITY OF KRUM
BY
SECRETARY ~ ¥.., .v
PAGE 3