Loading...
1998-056AN 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 I. That the C~ty Courted of the C~ty of Denton hereby approves an Interlocal Agreement for Ambulance Service between the C~ty of Denton and the C~ty of Krum, a copy of which ~s attached hereto and meorporated by reference hereto, and the Mayor, or m hxs absence the Mayor Pro Tem, is hereby authorized to execute sa~d Agreement on behalf of the C~ty ~ That tbas ordinance shall become effective ~mmed~ately upon ~ts passage and approval JAC~IILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM Recitals The C~ty of Denton currently provides emergency meihcal services to the c~tlzens of Denton The City of Knun would hke to contract w~th the C~ty of Denton to receive emergency me(hcal serwces for ~ts mt~zens 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 c~ty may contract to provide emergency me(heal serwces to the county or another c~ty WHEREAS, both the C~ty of Denton and the City of Krum have the authority to perform the servmes set forth m this Agreement m(hvadually and ~n accordance vnth TEX GOV'T CODE ANN §791 011(c)(2), and WHEREAS, the C~ty of Krum will make all payments for servmes out of available current revenues and the C~ty of Denton agrees that the payments made by the C~ty of Krum hereunder will fmrly compensate ~t for the services performed, NOW, THEREFORE, WlTNESSETH Agreement Tins Agreement is made on the ] Cday of(_.l//,/4.. , 199~, between the C~ty of Denton, Texas ("Denton"), and the C~ty ofKnnn ("Knun") The parties agree as follows 1. Deflnitaons Emergency Methcal Serwces or E M S means personnel and ground transportation veluelas used to respond to an individual's perceived need for ~mme(hate me(heal 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 mechcal services to Krum m response to requests for emergency me(heal servmes in accordance with flus AgreemeCt All requests for emergency me(heal services for persons res~(hng m the corporate hnnts of Krum shall be commumcated to Denton m the manner specified by Denton 3. Discretion in Prowdmg E.M.S. Kmm understands that Denton must also respond to requests for emergency medical serwces for persons m Denton and that Denton has other contracts fo provide emergency methcal services to other entitles Denton shall have the sole right and dlscretton, without being m breach of ttus Agreement and w~thout hab~hty 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 equipment are available to respond to a request for emergency mechcal service, (c) The order ~s winch to respond to a request for emergency medacal service, and (d) The tame m winch to respond to a request for emergency medical service 4. Sermee Fee In consideration for providing emergency medmal serwces to Krum, Krum agrees to pay to Denton an annual sum dunng each year of flus Agreement determined by multa- plying the,populataon m Kmm by five dollars and seventy-five cents (1,750 x $5 75 = $10,062 50 - current estimate) The populataon figure used shall be that contained m the latest eflu~on of the North Central Texas Courted of Government's Regional Dtrectory The annual payment shall be paid to Denton m equal quarterly payments on or before October l, January 1, April 1, and July l, of each annual term Denton may, at, er g~vmg prior nottce, suspend service to Kmm dunng any period of trine Khan ~s dehnquent m the payment of any undasputed service fee 5. Patient Charges In addflmn to the service fee paid by Kmm, Denton may charge and collect from persons prowded emergency medical servmes, the patient fees estabhshed by ordi- nance of Denton 6. Governmental Immunity Not Waived Neither Denton nor Krum waives, nor shall be deemed hereby to waive, any munumty or defense that would otherwise be available to ~t against clanns made or arising from any act or omass~on resulting from tins Agreement 7 Term The term of flus Agreement shall be an one-year increments, begmmng on October 1, 1997 and eontmumg to September 30 of the following year and thereatter from year to year until terminated m accordance w~th tlus Agreement 8 ,Termination; Default Eather party may tenmnate ttus Agreement at any tune w~thout cause by glwng mnety (90) days advance notme m wntmg to the other, specifying the date of tenm- nat~on If erther party breaches a prowsmn of flus Agreement, the other party shall g~ve the defaultang party written no*ace of the default Should the defaulting party fall to correct the default w~tinn tinrty days of the date notaee of default ~s sent, the other party may declare the Agreement termmated Krum shall be hable to Denton pm rata for the payment of emergency medical serwees prowded up to the date of termination 9. Notices All not~ees sent under flus Agreement shall be mailed, postage prepaid, to the respective addresses, as follows To Denton To ICmm C~ty Manager C~ty of Denton 215 E McKauney Denton, Texas 76201 10. Agreement Not for Benefit of Third Parties This Agreement is not mtended and PAGE 2 shall not be construed to be for the benefit of any individual or create any duty on Denton to any tlurd party 11 Assignment Neither party shall assign tins Agreement except upon the prior written consent of the other 12. Venue. Venue of any stat or cause of action under tins Agreement shall he exclusively ~n Denton County, Texas Tbas Agreement shall be construed in accordance w~th the laws of the State of Texas EXECUTED on the ufl~day of ~t~'~ ,199 ~0 CITY OF DENTON, TEXAS BY JACK~ ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY CITY OF KRUM MAYOi~ PAGE 3