1998-306AN 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 Council of the C~ty of Denton hereby approves an Interlocal
Agreement for Ambulance Service between the City of Denton and the C~ty of Krum, a copy of
which ~s attached hereto and incorporated by reference herein, and the Mayor, or m h~s absence
the Mayor Pro Tern, is hereby authorized to execute smd Agreement on behalf of the C~ty
~ That th~s ordinance shall become effective ~mmedlately upon ~ts passage
and approval
PASSED AND APPROVED tlus the ~ dayof ~i~.~"' ,19~
ATTEST~
JENNIFER WALTERS, CITY SECRETARY
APP~R/OVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE
BETWEEN THE CITY OF DENTON AND
THE CITY OF KRUM
Recitals
The City of Denton currently provides emergency medical services to the citizens of
Denton The City of Krum would hke to contract with the C~ty of Denton to receive emergency
medical s~wces for its c~t~zens Pursuant to Chapter 774 of the TEX HEALTH AND SAFETY
CODE (Vernon 1992) and the Intcrlocal Cooperation Act, TEX GOV'T CODE ANN §791 001, et
seq, (Vernon 1994), a city may contract to provide emergency medical services to thc county or
another city
WHEREAS, both the C~ty of Denton and thc C~ty of Krum have thc authority to perform
the services set forth m this Agreement individually and m 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 thc C~ty of Krum hereunder will
fairly compensate it for the services performed, NOW, THEREFORE,
WITNESSETH
Agreement
This Agreement is made on the ~ -day of 0~i~, 199~,, between the C~ty of Denton,
Texas ("Denton"), and the C~ty of Khan CKrum'')
The parties agree as follows
1. Definitions Emergency Mechcal Services or E M S means personnel and ground
transportation vetucles used to respond to an ~ndawdual's perceived need for ~manedlate medical
care and to prevent death or aggravation of physiological or psychological illness or injury
2 Denton to Provide EMS to Krum. Denton shall prowde emergency medical
services to Krum m response to requests for emergency medical services m accordance with th~s
Agreement All requests for emergency medical services for persons residing m the corporate
hm~ts of Krum shall be communicated to Denton m the manner specified by Denton
3. Discretion m Providing E.M.S. Krum understands that Denton must also respond
to requests for emergency medical services for persons m Denton and that Denton has other
contracts to provide emergency mecheal serwees to other entities Denton shall have the sole right
and chscretlon, without being m breach of tbas Agreement and without hablhty to Krum, to
deterrmne
(a) Whether or not to respond to a request for medical emergency service,
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(b) Whether and when personnel or equipment are avmlable to respond to a request
for emergency medical serwce,
(c) The order is winch to respond to a request for emergency medical service, and
(d) The tame m winch to respond to a request for emergency medical service
4. Service Fee In considerataon for providing emergency mechcal services to Krum, Krum
agrees to pay to Denton an annual sum dunng each year of this Agreement determined by multa-
plying the population m Krum by six dollars and fifty cents ($6 50) The population figure used
shall be that contained m the latest edmon of the North Central Texas Council of Government's
estamate for January 1, 1998 The annual payment shall be paid to Denton m equal quarterly pay-
ments on or before October 1, January 1, April l, and July l, of each annual term Denton may,
after givmg prior notice, suspend service to Krum dunng any period of time Krum is delinquent in
the payment of any undisputed service fee
5. ,Patient Charges In addition to the serwce fee pard by Krum, Denton may charge and
collect from persons prowded emergency medacal services, the pataent 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 lmmumty or defense that would otherwise be avadable to ~t against
chums made or ansmg from any act or omission resulting from tbas Agreement
7. 'Term The term of fi'ns Agreement shall be m one-year increments, beganmng on
October 1, 1998 and cont~nnmg to September 30 of the following year and thereafter from year to
year unUl terminated in accordance w~th tins Agreement
8 Termination; Default Either party may terminate flus Agreement at any time without
cause by giving mnety (90) days advance notaee m writing to the other, specifying the date of terml-
nataon If either party breaches a provision of tins Agreement, the other party shall give the
defaulting party written notate of the default Should the defaulting party fail to correct the default
wlttun tlurty days of the date notice of default ~s sent, the other party may declare the Agreement
terminated Krum shall be liable to Denton pro rata for the payment of emergency medical sevaces
provided up to the date of termination
9 Notices All notices sent under this Agreement shall be marled, postage prep0ad, to the
respeetave addresses, as follows
To Denton To Krum
City Manager
City of Denton
215 E MeKmney
Denton, Texas 76201
10. Agreement Not for Benefit of Third Parties Tbas Agreement is not intended and
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shall not be construed to be for the benefit of any lndl¥1dual or create any duty on Denton to any
thard 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 flus Agreement shall he exclusively
~n Denton County, Texas Tbas Agreement shall be construed ~n accordance w~th the laws of the
State of Texas
EXECUTED on the ~ ~ day of ~~ ,199 ~
CITY OF DENTON, TEXAS
BY JA~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
API~OVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
CITY OF KRUM
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