Loading...
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