2002-272AN ORDINANCE APPROVING AN 1NTERLOCAL 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 1. That the City Council of the City of Denton hereby approves an Interlocal
Agreement for Ambulance Service between the City of Denton and the City of Knnn, a copy of
which is attached hereto and incorporated by reference herein, and the Mayor, or in her absence
the Mayor Pro Tern, is hereby authorized to execute said Agreement on behalf of the City.
SECTION 2. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
EULINEBROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED 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 Kmm would like to contract with the City of Denton to receive emergency
medical services for its citizens. Pursuant to Chapter 774 of the Tex. Health and Safety Code
(Vemon 1992) and the Interlocal Cooperation Act, Tex. Gov't Code Ann. §791.001, et. seq.,
(Vernon 1994), a city may contract to provide emergency medical services to the county or another
city.
WHEREAS, both the City of Denton and the City of Kmm have the authority to perform
the services set forth in this Agreement individually and in accordance with Tex. Gov't Code Ann.
§791.011 (c)(2); and
WHEREAS, the City of Khan will make all payments for services out of available current
revenues and the City of Denton agrees that the payments made by the City of Kmm hereunder will
fairly compensate it for the services performed; NOW, THEREFORE,
WlTNESSETH
A~_~eement
This Agreement is made on the ~/c~c, dayof c~Z~/~gf~- , 2002, between the
City of Denton, Texas ("Denton"), and the City ofKmm ("Kn~").
The parties agree as follows:
1. Definitions. Emergency Medical Services or E.M.S. means personnel and ground
transportation vehicles used to respond to an individual's perceived need for immediate medical
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 medical
services to Krum in response to requests for emergency medical services in accordance with this
Agreement. All requests for emergency medical services for persons residing in the corporate
limits of Kmm shall be communicated to Denton in the manner specified by Denton.
3. Discretion in Providing E.M.S. Krum understands that Denton must also respond
to requests for emergency medical services for persons in Denton and that Denton has other
contracts to provide emergency medical services to other entities. Denton shall have the sole right
and discretion, without being in breach of this Agreement and without liability to Kmm, to
determine:
(a) Whether or not to respond to a request for medical emergency service;
(b) Whether and when personnel or equipment are available to respond to a request
for emergency medical service;
(c) Thc order is which to respond to a request for emergency medical service; and
(d) The time in which to respond to a request for emergency medical service.
4. Service Fee. In consideration for providing emergency medical services to Krum, Kmm
agrees to pay to Denton an annual sum of $32,800.00 for fiscal year 2002-2003 based on a
population of 2,050 multiplied by $16.00. The population figure used is contained in the latest
edition of the North Central Texas Council of Governments estimate for January 1, 2002. The
annual payment shall be paid to Denton in 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 Kmm during any period of fnne Krum is delinquent in the payment of any undisputed
service fee.
5. Patient Charges. In addition to the service fee paid by Kmm, Denton may charge and
collect from persons provided emergency medical services, the patient fees established by
ordinance of Denton.
6. Governmental Immunity Not Waived. Neither Denton nor Krum waives, nor shall be
deemed hereby to waive, any immunity or defense that would otherwise be available to it against
claims made or arising from any act or omission resulting from this Agreement.
7. Term. Thc term of this Agreement shall be in one-year increments, beginning on
October 1, 2002 and continuing to September 30 of the following year and thereafter fi:om year to
year until terminated in accordance with this Agreement.
8. Termination; Default. Either party may term'mate this Agreememt at any tune without
cause by giving 90 days advance notice in writing to the other, specifying the date of termination.
If either party breaches a provision of this Agreement, the other party shall give the defaulting party
written notice of the default. Should the defaulting party fail to correct the default within thirty
days of the date notice of default is sent, the other party may declare the Agreement terminated.
Krum shall be liable to Denton pm rata for the payment of emergency medical services provided up
to the date of tormination.
9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the
respective addresses, as follows:
To Denton:
City Manager
City of Denton
215 E. McKinney
To Krum:
Mayor
City of Kmm
P.O. Box 217
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Denton, Texas 76201
Krum, Texas 76249
10. Agreement Not for Benefit of Third Parties. This Agreement is not intended and
shall not be construed to be for the benefit of any individual or create any duty on Denton to any
third party.
ll. Assignment. Neither party shall assign this Agreement except upon the prior written
consent of the other.
12. Venue. Venue of any suit or cause of action under th/s Agreement shall lie exclusively
in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the
State of Texas.
/
EXECUTED on the ,fl~ day of ( ,~5~/7~ b~Zf , 2002.
CITY OF DENTON, TEXAS
EUL1NE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
CITY OF KRUM
MAYOR
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ATTEST:
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