13-R-71 - EMS Medical Svcs Multiple Govt AgreementRESOLUTION NO. 13-R-71
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING INTERLOCAL AGREEMENTS
WITH MULTIPLE GOVERNMENTAL ENTITIES FOR THE
PROVISION OF EMERGENCY MEDICAL SERVICES, AND OTHER
MATTERS IN CONNECTION THEREWITH
WHEREAS, the Ciry staff of the City of Schertz (the "City") has recommended that the
City renew Interlocal Agreements with surrounding camrnuruties and emergency service districts
relating to the provision of emergency medical services within those jurisdictions by the City;
and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with these surrounding communities and emergency service districts pursuant to the
Interlocal Agreement attached hereto as Exhibit A {the "Agreement").
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY_ OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the Ciry Manager to execute and
deliver the Agreement with each contracting jurisdiction in substantially the same form set forth
on Exhibit A. Future amendments to the Agreement or replacement interlocal agreements with
any jurisdiction that do not change or increase the City's obligations to provide services but that
solely have the effect of increasing the jurisdiction's payments to the City may be executed by
the City Manager without further action by the City Council.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals ace hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section ~. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shaIl nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section b. It is officially found, detei7nined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is sa resolved.
PASSED AND ADAPTED, this 3rd day of September, 2013.
ATTEST:
ecretary, Brenda Dennis
(CITY SEAL}
CITY S
Mayor, Michael R. Carpenter
sosobzzi_i - 2 -
EXHIBIT A
INTERLOCAL AGREEMENT
sasaszzi.i - 3 -
EMERGENCY MEDICAL SERVICES INTERLOCAL AGREEMENT
This Emergency Medical Services Interlocal Agreement, effective as of October 1, 2013
(this "Agreement"), is between the City of Schertz, Texas, a political subdivision of the State of
Texas (the •"City"), and the {insert political subdivision name},apolitical subdivision of the
State of Texas (the "Contracting Jurisdiction").
WHEREAS, the City has an emergency medical services department known as Schertz
EMS {the "Department") which provides certain emergency medical services within the City
and, by interlocal agreement, within other jurisdictions;
WHEREAS, the Contracting Jurisdiction desires to contract with the City for, the
provision of certain emergency medical services within the Contracting Jurisdiction in order to
preserve and protect the health and safety of persons within the Contracting Jurisdiction;
WHEREAS, the City and the Contracting Jurisdiction have determined to enter into this
Agreement relating to the provision of certain emergency medical services within the
Contracting Jurisdiction and to set out the terms, rights, duties, and responsibilities of the City
and the Contracting Jurisdiction with respect thereto;
WHEREAS, the City and the Contracting Jurisdiction have determined that the provision
of certain emergency medical services is a public purpose and within their statutory powers of
government; and
WHEREAS, the City and the Contracting Jurisdiction are political subdivisions of the
State of Texas and are authorized the execute this Agreement pursuant to Texas Government
Code Chapter 791.001, as amended;
NOW, THEREFORE, THE CITY AND THE CONTRACTING J [JRISDICTION,
ACTING BY AND THROUGH THEIR DULY AUTHORIZED OFFICERS, HEREBY
COVENANT AND AGREE AS FOLLOWS:
Section 1, Purpose. (a} The City agrees that during the term of this Agreement the City
shall respond to all calls for emergency medical assistance and emergency medical transport and
advanced life support service with mobile intensive care unit capability (the "Emergency
Medical Services"} within the jurisdiction of the Contracting Jurisdiction (the "Service Area").
The Contracting Jurisdiction understands and agrees that timeliness of response is dependent on
the level of demand throughout the Department's response area and that calls are answered on a
next-available-ambulance basis.
(b} The Contracting Jurisdiction shall arrange for dispatch of requests for assistance
directly to the Department by the Department's radio frequency or via telephone to the
Department's primary dispatch agency (City of Schertz Police Department}. Such dispatch
services shall be initiated on the radio frequency specified and in a manner approved by the
Department.
(c} The Department shall observe and comply with all applicable federal, state,
county, and City laws, rules, ordinances, and regulations which in any manner affect the
provision of the services described in this Agreement and shall perform such services in a
professional manner in accordance with standard emergency medical services practice.
(d) The City agrees to permit the Contracting Jurisdiction to review the Department's
run statistics maintained in the Department's offices. Due to patient privacy considerations,
reports containing specific patient infoiynation shall not be made available to the Contracting
Jurisdiction without the appropriate written consent of the patient or the patient's authorized
representative or without a specific court order.
Section 2. Term and Renewal . This Agreement shall be for a team commencing with
the effective date of this Agreement through and including September 30, 2014 (the "Initial
Term"}. This Agreement shall thereafter shall be automatically renewed for four (4) succeeding
periods of one year (each, a "Renewal Tei7n") unless either party to this Agreement notifes the
other parry in writing that it wishes to terminate this Agreement. Such notice shall be provided
at least one year prior to the desired end of this Agreement.
Section 3. Consideration. (a) In consideration of the City's provision of the Emergency
Medical Services during the Initial Term and each Renewal Teim, the Contracting Jurisdiction
agrees to pay the City $12.96 per citizen based upon the mast recent population estimates as
agreed upon by the Contracting Jurisdiction and the City payable in four equal installments on
the first day of each quarter of the Contracting Jurisdiction's fiscal year. This Initial Term
payment will be {Total Dollar Amt} based upon a population of {Populations people.
{b) Prior to the beginning of each Renewal Term, the Consideration per citizen may
be increased based upon the most recent 12-month Consumer Price Index for All Urban
Consumers (CPI-U) for Medical Care to a maximum of 3%. In addition, population estimates for
the Service Area shall be updated for each Renewal Teim and shall be effective with the
beginning of each Renewal Term.
(c) Any party paying far the performance of governmental functions or services must
make such payments from current revenues available to the paying party.
(d) The Contracting Jurisdiction agrees that, in addition to the fee payable by the
Contracting Jurisdiction to the City pursuant to Section 3{a}, patients shall be billed by the City
for all services rendered to them by the Department. The Contracting Jurisdiction agrees to
assist the City in developing information to permit the City to collect such charges. In no event
shall the City or the Contracting Jurisdiction be responsible for payment of such patient charges.
Section 4. Authorization. This Agreement has been duly authorized by the governing
bodies of the City and the Contracting Jurisdiction.
Section 5. Severability. If any portion of this Agreement shall be declared illegal ox held
unenforceable for any reason, the remaining portions hereof shall continue in full force and
effect.
Section 6. Amendments. This Agreement represents the complete understanding of the
City and the Contracting Jurisdiction with respect to the matters described herein, and this
Agreement may not be amended or altered without the written consent of both parties and the
consent of the City.
Section 7. Govei~ing Law. This Agreement shall be governed by the laws of the State
of Texas.
The re~a7ainder of this page intentionally left blank.]
IN WITNESS WHEREOI ,the undersigned have entered into this Emergency Medical
Services Interlocal Agreement, effective as of the date first above written.
CITY OF SCHERTZ, TEXAS
By
City Manager
(INSERT POLITICAL SUBDIVISION NAME)
By
Title