2001-397O O A CENO
AN 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
~ That the City Council of the C~ty of Denton hereby approves an Interlocal
Agreement for Ambulance Serwce between the City of Denton and the C~ty of Krum, a copy of
which is attached hereto and incorporated by reference herein, and the Mayor, or m her absence
the Mayor Pro Tern, ~s hereby authorized to execute smd Agreement on behalf of the C~ty
~ That this ordinance shall become effective lmmedmtely upon its passage
and approval
dayo, , 001
EULINE BROCK, 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
The C~ty of Denton currently provides emergency methcal servmes to the mtlzens of
Denton The C~ty of Kmm would hke to contract w~th the City of Denton to receive emergency
methcal services for 1ts c~tlzens Pursuant to Chapter 774 of the Tex Health and Safety Code
(Vernon 1992) and the Interlocal Cooperatmn Act, Tex Gov't Code Ann {}791 001, et seq,
(Vernon 1994), a mty may contract to prowde emergency methcal servmes to the county or another
c~ty
WHEREAS, both the Oty of Denton and the Oty of Krum have the authority to perform
the sermces set forth m ti'us Agreement individually and ~n accordance w~th Tex Gov't Code Ann
§791 011(c)(2), and
WHEREAS, the C~ty of Kmm will make all payments for servmes out of avmlable 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 servxces performed, NOW, THEREFORE,
WITNESSETH
Agr~t~ment
^greement made on the/ day of
C~ty of Denton, Texas ("Denton"), and the C~ty ofKrum ("Kmm")
,2001, between the
The part,es agree as follows
1. Definitions F. rnero'eney MerlmM ,qervmes or ~ M ,q means personnel and ground
transportation velucles used to respond to an ~nthwdual% perceived need for ~mmethate medmal
care and to prevent death or aggravation of physiological or psychologmal illness or ~njury
2. Denton to Provide EMS to Krum. Denton shall prowde emergency methcal
services to Krum m response to requests for emergency medical servmes in accordance w~th flus
Agreement All requests for emergency methcal servmes for persons residing m the corporate
limits of Krum shall be communicated to Denton ~n the manner specified by Denton
3. Discretion m Prowding E M S. Krum understands that Denton must also respond
to reqtlests for emergency medtcal serv~cas for persons m Denton and that Denton has other
contracts to prowde emergency medtcal servtees to other ent~t~es Denton shall have the sole nght
and thscretmn, w~thout being ~n breach of th~s Agreement and w~thout habfl~ty to Krum, to
determine
(a) Whether or not to respond to a request for medical emergency service,
(b) Whether and when personnel or equipment are avmlable to respond to a request
for emergency medical service,
(c) The 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 Servzce Fee In consideration for providing emergency medical services to Krum, Krum
agrees to pay to Denton an annual sum of $24,720 00 for fiscal year 2001-2002 based on a
population of 2,060 multiplied by $12 00 The population figure used is contanned in the latest
edition of the North Central Texas Council of Governments estimate for January 1, 2001 The
annual payment shall be prod 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 g~vlng 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 service fee paid by Kmm, Denton may charge and
collect from persons provided emergency medical services, the patient fees established by ordl-
nance of Denton
6. Governmental Immunity Not Waived Neither Denton nor Knun wmves, nor shall be
deemed hereby to wmve, any lmmumty or defense that would otherwise be avmlable to it against
clmms made or arising from any act or onnsslon resulting from ttus Agreement
7 Term The term of flus Agreement shall be in one-year increments, beginmng on
October 1, 2001 and continuing to September 30 of the following year and thereafter from year to
year until terminated m accordance with this Agreement
8 Termination; Default Either party may terminate this Agreement at any time without
cause by g~vlng 90 days advance notice in writing to the other, specifying the date of terrmnatlon
If either party breaches a provision of ttus Agreement, the other party shall give the defaulting party
written notice of the default Should the defaulting party fall to correct the default wltlun thn'ty
days of the date notice of default is sent, the other party may declare the Agreement terminated
Krum shall be hable to Denton pro rata for the payment of emergency medical services provided up
to the date of termination
9. Notices All notices sent under this Agreement shall be totaled, postage prepaid, to the
respecuve addresses, as follows
Tn l)antnn
City Manager
City of Denton
215 E McKmney
Tn Krum
Mayor
City of ~Lmm
P 0 ]Box 217
Page 2 of 4
Denton, Texas 76201 Kmm, Texas 76249
10. Agreement Not for Benefit of Third Part]es Th~s Agreement ~s not ~ntended and
shall not be construed to be for the benefit of any ~nd~v~dual or create any duty on Denton to any
third party
11. Assignment Neither party shall assign tbas Agreement except upon the prior written
consent of the other
12. Venue. Venue of any suit or cause of actmn under this Agreement shall he exclusively
in Denton County, Texas Th~s Agreement shall be construed ~n accordance w~th the laws of the
State of Texas
EXECUTED on the
/b'~- day of
,2001
CITY OF DENTON, TEXAS
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
CITY OF KRUM
MAxtOR
Page 3 of 4
ATTEST'
Page 4 of 4