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