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2000-382AN 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 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 Kmm, 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 smd Agreement on behalf of the City ~ That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED ttus the [r~ ~X day of~ 2000 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 City of Denton currently provides emergency medical services to the c~tlzens of Demon The Caty of Krum would like to contract with the City of Demon to receive emergency me&cai serxaees for its citizens 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 city may contract to provide emergency medical services to the county or another city WHEREAS, both the City of Demon and the City of Krum have the authority to perform the services set forth in this Agreement m&wdually and In accordance with Tex Gov't Code Ann §791 011(0)(2), and WHEREAS, the City of Krum will make all payments for services out of avmlable current revenues and the City of Denton agrees that the payments made by the City of Krum hereunder w~ll fmrly eompansate it for the services performed, NOW, THEREFORE, WITNESSETH This Agreement is made on the _~___~day of ~ _, 2000, between the City of Danton, Texas ("Demon"), and the City ofKrum ("Krum") The part, es agree as follows 1 Definitions l~xnergenacv Medtaal ,qervmes or E.M.,q- means personnel and ground transportataun vehicles used to respon~ to an ln&vldual's perceived need for lmme&ate 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 ~ m response to requests for emergency me&cai services m accordance with this Agreement All requests for emergency me&cai services for persons residing m the corporate limits of Knwa shall be communicated to Demon m the manner specified by Denton 3. D~scretion in 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 me&cai services to other entities Denton shall have the sole right and d~scret~on, without being m breach of this Agreement and w~thout habthty to Krum, to determine (a) Whether or not to respond to a request for medtcal emergency servtce, (b) Whether and when personnel or eqmpment are avmlable to respond to a request for emergency medtcal servtce, (c) The order ts which to respond to a request for emergency medical servtce, and (d) The ttme m whtch to respond to a request for emergency medtcal servtce 4 Service Fee In constderation for provtdtng emergency medtcal servtces to Krum, Krum agrees to pay to Denton an annual sum of $20,000 for fiscal year 2000-2001 based on a populatton of 2,000 mult~phed by $10 00 The populatton figure used ts contmned tn the latest edttton of the North Central Texas Counml of Governments estimate for January 1, 2000 The annual payment shall be pa~d to Denton m equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term Denton may, after gtvlng prior nottce, suspend servme to Krum during any period of tame Krum ~s dehnquent tn the payment of any undisputed servtce fee 5. Patient Charges In addttton to the servme fee prod by Krum, Denton may charge and collect from persons provtded emergency medical servtces, the patient fees estabhshed by ordt- nance of D*nton 6. Governmental Immumty Not Waived Neither Denton nor Krum wmves, nor shall be deemed hereby to wmve, any lmmumty or defense that would otherwtse be avmlable to a agmnst clmms made or arising from any act or omission resulttng from thts Agreement 7. Term The term of ttus Agreement shall be tn one-year tncrements, begtumng on October 1, 2000 and cont~nmng to September 30 of the followtng year and thereafter from year to year nnt~l termmated m accordance w~th ttus Agreement 8 Termination, Default Either party may termtnate thts Agreement at any ttme wtthout cause by g~vmg 90 days advance nottce m writing to the other, spectfymg the date of termtnatton If etther party breaches a pmvts~on of th~s Agreement, the other party shall gtve the defaultang party written nottce of the default Should the defaulttng party fiul to correct the default wttlun tlurty days of the date nottce of default ts sent, the other party may declare the Agreement tenmnated Krum shall be hable to Denton pro rata for the payment of emergency medical servmes provtded up to the date of term~natlon 9 Notices All notmes sent under thts Agreement shall be mmled, postage prepmd, to the respective addresses, as follows To l~entnn City Manager Mayor Ctty of Denton C~ty of Krum 215 E Mcganney P O Box 217 Denton, Texas 76201 Krum, Texas 76249 Page 2 of 4 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 11. 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 Tbas Agreement shall be construed in accordance with the laws of the State of Texas EXECUTED on the /'~dayof (f)~ ,2000 CITY OF DENTON, TEXAS EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY CITY OF KRUM ~,,~ Page 3 of 4 ATTEST' SECI~TARY Page 4 of 4