25-R-120 Interlocal Agreement for EMS Billing-Alamo HeightsRESOLUTION 25-R-120
A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN INTERLOCAL
AGREEMENT FOR EMS BILLING SERVICES WITH THE
CITY OF ALAMO HEIGHTS, AND OTHER MATTERS IN
CONNECTION THEREWITH.
WHEREAS, Section 791.001 et seq. of the Texas Government Code authorizes
municipalities to enter into interlocal agreements for the performance of governmental functions
and services, and it is the desire of the named cities to enter into such an agreement; and
WHEREAS, Alamo Heights and Schertz each perform EMS services; and
WHEREAS, Alamo Heights desires to engage Schertz to perform EMS billing services
for Alamo Heights, and Schertz desires to accept such engagement upon the terms and
conditions contained herein; and
WHEREAS, the city staff of the City of Schertz has recommended that the City enter
into an interlocal agreement to provide EMS billing services for the City of Alamo Heights, a
political subdivision of the State of Texas; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with Alamo Heights pursuant to the Interlocal Agreement for EMS billing services
attached hereto in Exhibit A.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and deliver
the agreement with Alamo Heights in Substantially the form set forth in Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are 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provision of this Resolution are hereby repealed to the extent of such conflict, and the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 4. 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 shall nevertheless be
valid, and the City Council hereby declares that this Resolution would have been enacted
without such invalid provision.
Section 6. It is officially found, determined, 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 so resolved.
PASSED AND APPROVED on the w day of . Ibll/L� , 2025.
CITY OF LEI��I, TEXAS
040'1�e _
Ral uti rr z, Mayor
ATT
Shei a Edmondso , City Secretary
Exhibit A - ILA
INTERLOCAL AGREEMENT FOR EMS BILLING
STATE OF TEXAS §
COUNTY OF BEXAR §
This lnterlocal Agreement for EMS Billing (the "Agreement") is entered into as of the date of the
last signature (the "Effective Date") by and between the CITY OF ALAMO HEIGHTS, TEXAS
("Alamo Heights") and the CITY OF SCHERTZ, TEXAS ("Schertz", and collectively with
Alamo Heights, the "Parties" and each a "Party").
WHEREAS, Section 791.001 et seq. of the Texas Government Code authorizes
municipalities to enter into interlocal agreements for the performance of governmental functions
and services, and it is the desire of the named cities to enter into such an agreement; and
WHEREAS, Alamo Heights and Schertz each perform EMS services; and
WHEREAS, Alamo Heights desires to engage Schertz to perform EMS billing services
for Alamo Heights, and Schertz desires to accept such engagement upon the terms and conditions
contained herein.
NOW THEREFORE, for the covenants and conditions set forth herein and for other good and
valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties
agree as follows:
I. TERM
1. Alamo Heights hereby engages Schertz to perform EMS billing services for Alamo Heights
commencing on October 1, 2025 and continuing through September 30, 2026 ("Term").
2. This Agreement shall automatically renew on October 1, 2026 and each October 1st after
that until September 30, 2028 (each a "Renewal Period") unless either Party furnishes at
least ninety (90) days written notice to the other Party of its intention to terminate this
Agreement.
II. RESPONSIBILITIES OF SCHERTZ
1. During the term of this Agreement, Schertz agrees to provide EMS billing services to
Alamo Heights for all ambulance responses that Alamo Heights has charges for.
2. Schertz agrees to process claims as soon as all necessary information is received from
Alamo Heights and from the customer or the customer's agent who received the EMS
service. This information included, but is not limited to, the completed electronic Patient
Care Report, insurance information, hospital face sheet and traffic accident reports.
3. Schertz will work with Alamo Height's electronic charting vendor to make sure that all
charts are received as soon as possible after they are completed. Schertz agrees to use
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commercially reasonable efforts to work with the charting vendor to arrange for the
completed electronic charts to be sent to Schertz no later than two (2) business days after
the chart is completed by Alamo Heights.
4. Schertz will work with Alamo Heights to establish a dispatch protocol system agreed to by
the Alamo Heights Fire Chief and/or his designee in conjunction with the Alamo Heights
Police Chief and/or his designee that is necessary for properly establishing correct billing
levels.
5. Schertz agrees to utilize the services of a mutually agreed upon electronic data exchange
clearinghouse to the extent possible to electronically process all insurance claims including
those of governmental providers.
6. Schertz shall use generally acceptable medical billing practices in the processing of all
Alamo Heights claims. This includes following the recommendations on ambulance billing
from the American Ambulance Association and utilizing certified Ambulance Coders on
each claim.
7. Schertz will randomly audit claims to governmental payers for medical necessity and
appropriate coding based upon such necessity and the care provided. Audit Claims Reports
will be provided to the Alamo Heights Fire Chief within ten (10) days of the audit.
8. Schertz will maintain any and all Alamo Heights patient records in electronic format only.
These records will be available to Alamo Heights at any time during normal business hours.
9. Schertz will annually perform EMS Continuing Education Training for Alamo Heights
EMS personnel that includes medical necessity, proper documentation, HIPAA and patient
privacy, and Patient Care Report completeness. Training schedules will be established to
prohibit overtime/compensation time for Alamo Heights Fire personnel.
10. Schertz will, to the extent possible, close out all Alamo Heights billing activities for a
calendar month by the loth of each following month. Upon this closing, Schertz will
electronically deliver a set of closing reports that includes listing of charges, credits and
claims outstanding.
11. Schertz agrees to follow all Alamo Heights billing and collection policies. When questions
or concerns arise with these policies, Schertz will consult with the Alamo Heights Fire
Chief, or his designee, to resolve these questions. Schertz reserves the right to not follow
any policy that Schertz believes is non -compliant with Federal or State laws, regulations
or guidelines.
12. Schertz agrees to rigorously protect the privacy and confidentiality of all medical records
and information contained in the billing records furnished to Schertz by Alamo Heights for
the services to be provided hereunder. Schertz shall comply with all federal and state laws
and regulations applicable to medical records and information.
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13. Schertz agrees, to the extent permitted by law, to indemnify Alamo Heights for the actions
of its employees, but only to the extent directly related to this Agreement.
III. RESPONSIBILITIES OF ALAMO HEIGHTS
1. Alamo Heights agrees to provide all patient care records and billing information to Schertz
as soon as possible after the service is provided. Alamo Heights will work with Schertz to
develop processes for the delivery of non -electronic records to include hospital face sheets,
insurance cards, and law enforcement accident reports.
2. Alamo Heights agrees to provide a charge list to Schertz for all services and supplies for
which Alamo Heights desires billing to be provided. Alamo Heights will provide any
changes to these charges to Schertz with a minimum of thirty (30) days' notice before they
become effective.
3. Alamo Heights agrees to utilize "close call rules" as defined by S.T.R.A.C, and patient care
report quality assurance processes to make their patient care reports as complete as
possible. This includes proper addresses, social security information, insurance
information, workers compensation information, patient signatures authorizing billing of
their insurance, and completion of certain interventions that affect the level of service that
can be billed.
4. Alamo Heights agrees to notify Schertz of all funds received directly to Alamo Heights as
a result of the billing activities of Schertz for proper accounting of these payments. Alamo
Heights also agrees to designate a person or people at Alamo Heights that will take
payments from customers in person. Schertz will train these individuals on how to account
for these payments with Schertz.
5. Alamo Heights agrees that it maintains full and final authority on compliance in billing
practices in regards to its Centers for Medicaid and Medicare Services (CMS) National
Provider Identification Number, Medicare provider number and Medicaid provider
number. Alamo Heights will have full access to all of its records maintained by Schertz to
accomplish this compliance.
6. Alamo Heights will designate both a Privacy Officer for all HIPAA related issues and
Custodian of Records for all EMS and Billing Records.
7. Alamo Heights agrees to work with Schertz to establish processes for the receipt of law
enforcement traffic accident reports.
8. On or before the last day of a month, Alamo Heights will report to Schertz the number of
EMS responses and patient care records that should have been received that month. If
patient care records are missing, Alamo Heights will work with Schertz to locate these
reports and get them completed as soon as possible.
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9. Alamo Heights will receive monthly reports to include charges processed, credits received,
contractual allowables, and all outstanding accounts receivables. Alamo Heights can
request additional reports. If the requested reports are available in the Schertz billing
system, they will be provided by the next business day at the latest. If it is a custom report
that is not available, Alamo Heights agrees to pay the cost of having this report built. If the
report will be beneficial to both Alamo Heights and Schertz and Schertz approves the
charge, this cost will be split between the two Parties.
10. Alamo Heights agrees, to the extent permitted by law, to indemnify Schertz for actions
taken by Schertz when following the policies, procedures and duly communicated
directives of Alamo Heights.
IV. CONSIDERATION
For its performance of such billing services, Alamo Heights shall pay to Schertz ten percent (10%)
of the total collections received. Said collection fee shall be deducted by Schertz from its monthly
payment to Alamo Heights of any funds collected by Schertz. If the amount collected by Schertz
for Alamo Heights does not exceed the monthly fee, Schertz will invoice Alamo Heights for the
balance of the fee. Schertz shall remit its collections for Alamo Heights EMS monthly within five
(5) days after the end of each calendar month. Alamo Heights will pay any invoices within twenty
(20) days of receipt.
V. TERMINATION
1. If Alamo Heights or Schertz determines it no longer wants to maintain this Agreement at
the end of the initial Term or any subsequent Renewal Period, the Party wishing to
terminate this Agreement shall provide written notice of the intent to terminate this
Agreement not less than ninety (90) days from the end of the applicable Term or Renewal
Period.
2. If at any time during this Agreement, either Party determines that the other Party is
operating in a non -compliant manner, the concerned Party shall give written notice of the
issue(s) of concern. The other Party shall have up to thirty (30) days to either correct this
concern or to provide written justification and authority to be operating in the manner that
is concerning. If this resolution does not abate the concerns of the first Party, that Party
may terminate this Agreement by providing at least ten (10) business days' written notice.
3. If and when this Agreement is terminated for any reason, Schertz agrees to provide all
Alamo Heights billing records in its possession to Alamo Heights electronically within ten
(10) business days of the termination date.
4. If this Agreement is terminated upon the end of the Term or a Renewal Period, Schertz will
complete all billing processes in progress as of the last day of this Agreement. This work
will be continued for up to thirty (30) days after this Agreement is over. Alamo Heights
agrees to compensate Schertz for this activity in accordance with Section IV of this
Agreement.
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VI. BINDING EFFECT, BENEFITING PARTIES
1. This Agreement shall bind and benefit the respective Parties and their legal successors, but
shall not otherwise be assignable, in whole or in part, by either Party without first obtaining
the written consent of the other Party.
2. This Agreement inures to the benefit of and obligates only the Parties. No term or provision
of this Agreement shall benefit or obligate any person or entity not a Party to the
Agreement. The Parties shall cooperate fully in opposing any attempt by any third person
or entity to claim any benefit, protection, release, or other consideration under this
Agreement.
VIL GOVERNMENTAL FUNCTIONS; LIABILITY, NO WAIVER OF IMMUNITY
OR DEFENSES
1. Notwithstanding any provision to the contrary herein, this Agreement is a contract for and
with respect to the performance of governmental functions by governmental entities.
2. The services provided for herein are governmental functions, and Schertz and Alamo
Heights shall be engaged in the conduct of a governmental function while providing and/or
performing any service pursuant to this Agreement.
3. The relationship of Alamo Heights and Schertz shall, with respect to that part of any service
or function undertaken as a result of or pursuant to this Agreement, be that of independent
contractors.
4. Nothing contained herein shall be deemed or construed by the Parties, or by any third parry,
as creating the relationship of principal and agent, partners, joint venturers, or any other
similar such relationship between the Parties.
5. Each Party reserves and does not waive any defense available to it at law or in equity as to
any claim or cause of action whatsoever that may arise or result from or in connection with
this Agreement. This Agreement shall not be interpreted nor construed to give to any third
party the right to any claim or cause of action, and neither Schertz nor Alamo Heights shall
be held legally liable for any claim or cause of action arising pursuant to or in connection
with this Agreement except as specifically provided herein or by law.
6. Neither Party waives or relinquishes any immunity or defense on behalf of itself, its
trustees, councilmembers, officers, employees, and agents as a result of the execution of
this Agreement and the performance of the covenants and agreements contained herein.
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VIII. NOTICES
All correspondence and communications concerning this Agreement shall be directed to:
City of Schertz
1400 Schertz Parkway
Schertz, Texas 78154
Attention: City Manager
City of Alamo Heights
6116 Broadway
Alamo Heights, Texas 78209
Attention: City Manager
Notices required hereunder shall be hand -delivered or sent by prepaid certified mail, return receipt
requested.
IX. AUTHORIZATION
Each Party represents to the other Party that this Agreement has been duly authorized by that
Party's governing body.
X. SEVERABILITY
If any portion of this Agreement shall be declared illegal or held unenforceable for any reason, the
remaining portions hereof shall continue in full force and effect to the extent that it does not destroy
the benefit of the bargain.
XI. ENTIRE AGREEMENT, AMENDMENTS
This Agreement represents the complete understanding of Alamo Heights and Schertz with respect
to the matters described herein and supersedes any prior understanding or written or oral agreement
regarding the subject matter hereof, and this Agreement may not be amended or altered without
the written consent of both the Parties.
XII. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Texas without regard to choice of
law principles that would require the application of the law of another jurisdiction, and venue for
any legal proceedings hereunder shall be in the state courts of Bexar County, Texas.
[Signatures on the following page]
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SIGNATURE PAGE TO INTERLOCAL AGREEMENT FOR EMS BILLING
In witness whereof, the undersigned Parties have executed this Agreement on the date specified to
be effective as of the Effective Date.
CITY OF SCHERTZ
LIN
Name:
CITY OF ALAMO HEIGHTS
Name:
Title: City Manager Title: City Manager
Date:
Date:
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