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HomeMy WebLinkAbout3-13-08-2b - Resolution - 03/13/2008RESOLUTION NO. 3- 13 -08 -2b A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, UPDATING THE INTERLOCAL AGREEMENT TO PROVIDE EMERGENCY MEDICAL AMBULANCE SERVICE TO UNICORPORATED PORTIONS OF BRAZOS COUNTY. WHEREAS, the CityC ouncil of the Cityo f College Station, Texas recognizes it's obligations and desires to protect the health, safety and welfare of its population, which is situated in Brazos County; and WHEREAS,B razos County currently utilizes personnel and equipment from the Cities of College Station and Bryan to provide emergency medical service and emergency medical transport for emergencies in the unincorporated areas of the County; and WHEREAS, this agreement is required to be reviewed and updated as needed on an annual basis; and WHEREAS, the City Council of the City of College Station, Texas wishes to partner and collaborate one mergency medical service and emergency ambulance transport with Brazos County and the City of Bryan, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby approves the InterlocalE mergency Medical Ambulance Service to Brazos County Agreement for the annual fee of $175,000 forF Y 2008. Future fees will be established as outlined in the agreement. PART 2: That the CityC ouncil herebya grees to protect the health, safety and welfare of the general public by collaborating with its partners in the delivery of emergency medical and ambulance services as set forth in said agreement. PART 3: That this resolution shall take effect immediately from and after its passage. :ADOPTED this 13th day of March ,A .D. 2008. TEST: APPROVED: U City Secretary Mayor E- Signed yMary Ann Povt li VERI ticity with A r v City Attorney 20 Resolution No. 3- 13 -08 -2b INTERLOCAL AGREEMENT EMERGENCY MEDICAL AMBULANCE SERVICE THIS INTERLOCAL AGREEMENT is hereby made and entered into by and among the CITY OF BRYAN, TEXAS, a home rule municipal corporation ( "Bryan "), CITY OF COLLEGE STATION, TEXAS, a home rule municipal corporation ( "College Station ") and BRAZOS COUNTY, TEXAS ( "County "), each acting by and through its duly authorized agents; WHEREAS, the respective participating governments (the "Parties ") are authorized by the Interlocal Cooperation Act, Texas Government Code, Chapter 791, to enter into a. joint agreement for the performance of the governmental function of providing Emergency Medical Ambulance Services; and WHEREAS, Bryan, College Station and County are authorized under Chapter 774 of the Texas Health & Safety Code to contract with each other to provide Emergency Medical Ambulance services; and WHEREAS, Bryan and College Station have already been providing Emergency Medical Ambulance services to the County according to the geographic areas as defined as "Automatic Mutual Aid Response Districts" in the Interlocal Agreement Emergency Medical Ambulance Service between Bryan and College Station; NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: SCOPE 1. Bryan and College Station shall provide Emergency Medical Ambulance Services to any person who requests it within their respective Automatic Mutual Aid Response District for which Bryan and College Station are assigned responsibility in the Interlocal Agreement Emergency Medical Ambulance Service between Bryan and College Station. (See Exhibit "A," an attachment map of the Automatic Mutual Aid Response Districts indicating the corporation limits of each city as updated on or after 2005). 2. All requests for services under this Agreement shall be through the 9 -1 -1 Emergency Communications District and the College Station Communication Center, which dispatches police and fire units respectively for Bryan/County and College Station. Interlocal Agreement EMS 0 E � € L f� Page 1 of 6 21 Resolution No. 3- 13 -08 -2b 3. Bryan and College Station reserve the right to refuse to answer any call pursuant to this Agreement if their respective Fire Chief or his or her designee reasonably determines that the health, safety, or welfare of their city would be endangered by dispatching personnel or equipment outside of its corporate limits. 4. Bryan and College Station will maintain emergency medical equipment and licensed personnel in compliance with Subchapter C of Chapter 773 Health & Safety Code and .will perform all activities related to this Agreement in accordance with the regulations promulgated by the Texas Department of State Health Services. Bryan and College Station will provide to the County, notwithstanding any HIPAA restrictions, an electronic copy of each run taken outside the corporation limits of each city, respectively, on a quarterly basis upon request. A "run" is defined as a single medical incident regardless of the number of EMS or other apparatus that respond(s). PAYMENTS 5. County shall pay Bryan and College Station $175,000 each annually for an aggregate of $350,000 for performing Emergency Medical Ambulance Services. Payment will be on a quarterly basis according to the following schedule: FY 2007 -2008 Payment Due Date Quarter for which Payment is made October 1, 2007 October December, 2007 January 2, 2008 January —March, 2008 April 1, 2008 April — June, 2008 July 1, 2008 July — September, 2008 Interlocal Agreement BUS Page 2 of 6 Amount $ 43,750 (Bryan) $ 43,750 (College Station). $ 43,750 (Bryan) $ 43.750 (College Station) $ 43,750 (Bryan) ' $ 43,750 (College Station) $43,750 (Bryan) $43,750 (College Station) 22 Resolution 3- 13 -08 -2b 6. The County must make all payments to Bryan and College Station for these services from current revenues. 7. Bryan and College Station will bill the patients for Emergency Medical Ambulance Services for the services rendered in the County. The amounts billed or collected do not alter the amounts set forth in this Agreement. However, Bryan and College Station will provide copies to the County of all EMS billings sent to County residents for EMS services provided outside the corporation limits of Bryan or College Station on. a quarterly basis upon request. Additionally, sixty days prior to any action taken by Bryan or College Station to write off uncollected bills, Bryan -and College Station will provide to the County a list of all invoices and/or billings within the scope of this Agreement that are contemplated, determined or scheduled to be written off: TERM AND TERMINATION 8. This Agreement term shall be from October 1, 2007, and terminate at midnight on September 30, 2008. Either party to this Agreement shall have the right to terminate this Agreement, without cause, upon thirty (30) days' written notice of such termination. Further, should the Agreement be terminated the rights and obligations of the Parties hereunder shall terminate, except those rights and obligations that have accrued under this Agreement prior to the date of termination shall survive. 9. This Agreement may be renewed for two (2) one year terms on the anniversary date hereof. Such Renewal Terns shall be on the identical terms and conditions set forth herein, except the annual payment amount provided in Paragraph 5 of this Agreement may be modified as agreed to by the parties. NOTICES 10. All notices issued between parties to this agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. mail to the following parties: Bryan: City of Bryan P.O. BOX 1000 Bryan, Texas. 77805 Attn: Michael S. Donoho, Fire Chief Interlocal Agreement EMS Page 3 of 6 23 i ' Resolution 3- 13- 08--2b College Station: City of College Station P.O. Box 9960 300 Krenek Tap Road College Station, Texas. 77842 Attn: R.B. Alley III, Fire Chief County: Brazos County 300 E 26 Street, Suite 114 Bryan, Texas 77803 Attn: County Judge Randy Sims DEFENSE OYCLAIMS 11. Subject to the limitations as to damages and liability under the Texas Tort Claims Act, and without waiving its governmental immunity, each party to this Agreement agrees to hold harmless each other, its governing board, officers, agents and employees for any liability, loss, damages, claims or causes of action caused, or asserted to be caused, directly or indirectly by any party to this Agreement, or any of its officers, agents or employees as a result of its performance under this agreement. If any party to this contract is sued by a third party for any acts or omissions arising from the performance of this Agreement, the parties agree that the governmental unit that would have been responsible for furnishing the services in the absence of the Agreement is responsible for any civil Iiability that arises from the furnishings of those services except for personal injury, personnel and/or retirement benefits of the personnel of the responding city, and/or damage to or resulting from use of any equipment of the responding city. MISCELLANEOUS 12. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 13. All parties to this Agreement agree that payment for the performance recited herein will be payable from current revenues available to such paying Party. Interlocal Agreement EMS Page 4 of 6 24 i ll Resolution No. 3- 13 -08 -2b . I 14. This Agreement is the entire agreement among Bryan, College Station and the County relating to the provision of Emergency Medical Ambulance Services and supercedes any and all prior agreements, arrangements, or understandings, whether written or oral. 15. This Agreement is for the benefit of the parties to this Agreement, and does not confer any rights on any third parties. 16. No amendment to this Agreement shall be effective or binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 17. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. The venue of any lawsuits arising out of this Agreement shall be in Brazos County, Texas.. 18. Failure of any party to enforce a provision of this Agreement shall not constitute a waiver of that provision nor in any way affect the validity of this Agreement or the right of any party to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the parties) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 19. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. Interlocal Agreement EMS Page 5 of 6 25 Resolution No. 3- 13 -08 -2b NOW THEREFORE, this Agreement is made and entered into this day of , 2008, by and between Bryan, College Station and Brazos County. This Agreement shall be effective when signed by the last party signing makes the Agreement fully executed. City of Bryan . Mark Conlee, Mayor City of College Station Randy %ms, County Judge v ATTEST: ary a Stratta City Secretary Janice Hampton City Attorney City of Bryan, Texas Ben White, Mayor ATTEST: Connie Hooks City Secretary ATTEST: G le McQueen County Clerk APPROVED AS TO FORM: City Attorney College Station, 'Texas Interlocal Agreement EMS Page 6 of 6 Tina L. nellin y Magness Assistant County Attorney Brazos County, Texas 26 Resolution No. 3-13-08-2b EXHIBIT "A" N w E S 1.280,000 Automatic Aid Response Districts College Station Response District Bryan Response District Bryan College Station - s, C) 0 BRAZOS COUNTY Date Published: 21 December 2007 Created By: Doug O'Brien Road and Bridge Department Notes: Fo use only.