ORDER NO. 29959 INTERLOCAL AGREEMENT BETWEEN KERR COUNTY AND CITY OF KERRVILLE FOR FIRE FIGHTING Came to be heard this the 25th day of September, 2006, with a motion made by Commissioner Letz, seconded by Commissioner Nicholson. The Court unanimously approved by vote of 4-0-0 to: Approve the Interlocal Agreement for Firefighting Services between the City of Kerrville and Kerr County, as submitted, and bring back to our next Commissioners' Court meeting in October to offer an addendum to the City to make corrections. ~`~ 9S°I - F~ s~.z 1 I ~ COMMISSIONERS' COURT AGENDA REOUEST ~ ~ ~ b U ~ ~ S PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Pat Tinley OFFICE: County Judge MEETING DATE: September 25, 2006 TIME PREFERRED: SUBJECT: Consider, discuss and approve on Interlocal Agreements between Kerr County and the City of Kerrville for Fire Fighting and Emergency Medical Services and authorize the County Judge to execute same. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: County Judge ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. #29959 INTERLOCAL AGREEMENT FOR FIRE FIGHTING SERVICES AGREEMENT This Interlocal Agreement for Fire Fighting Services between the CITY OF KERRVILLE, Texas, ("City") and KERR COUNTY, Texas, shall be effective as of October 1, 2006, for the term stated below. WITNESSED: City agrees to furnish for the use and benefit of the citizens of Kerr County, Texas, outside the City limits of the City of Kerrville maintain and operate the same for a period of twelve (12) months, beginning on the ls` day of October, 'Iex~3, a pumper truck and other fire fighting equipment, together with personnel tG 2306, and terminating on the 30`h day of September 2007, under the following terms and conditions, to-wit: 1. A. Structural Fire If, in the event of a call which involves, or may involve, a structure (other than fences or pens) outside the City, and the volunteer fire department for that jurisdiction has not responded within four minutes, the Sheriff's Department dispatcher may request that the City send a pumper truck. Otherwise, City shall not be obligated to respond unless called for assistance by the fire department in that jurisdiction. The pumper truck shall have three personnel and equipment needed to fight a structure fire. If needed, City's brush truck may respond to assist. For the Kerrville South area, City shall be considered the "first responder" fire department and shall respond with a pumper and three fire personnel. B. Grass Fire City shall not respond to a call or report of a fire that predominately involves grass and other vegetation unless a call for help is made by the fire department located in the area of the fire. In the event City receives a call of this type from someone other than the fire department from that jurisdiction, City shall relay the call to the appropriate fire department in the County. C. Auto Fires and Rescue Calls City shall respond to auto fires, wrecks or any other type of situation other than natural disaster, which shall require rescuing (examples: drowning, searches, fuel spills). City shall respond with a rescue truck or a pumper, as needed. D. Non-Fire Emergencies City shall respond to incidents such as smoke instigated responses (not actual fires); malicious and accidental false alarms, and fire investigations, except that there shall be no charge when an investigation is made as a courtesy to the Sheriffs Department, the Department of Public Safety, or the Texas Rangers in their determination of arson and the causes of fires. 2. For the fire services to be rendered hereunder, County shall pay City the monthly sum of TEN THOUSAND FOUR HUNDRED SIXTEEN DOLLARS AND 66/100 ($10,416.66). The first payment hereunder shall be due and payable on October 15, 2006, for the month of October 2006, and such payments shall continue on the fifteenth day of each successive calendar month for twelve (12) consecutive calendar months, with the last payment hereunder due payable on September 15, 2007. The total yearly amount County will pay City is ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS AND NO/100 ($125,000.00). 3. This Agreement shall remain in effect from year to year, but maybe terminated as of September 30, 2007, or any subsequent year, by either party giving sixty (60) days written notice thereof. 4. Pursuant to Section 791.006(a-1), County hereby accepts, and in so doing releases City from, responsibility for civil liability that arises from the furnishing or obtaining services under this Agreement. To the extent authorized by law, County agrees to indemnify and hold harmless City for any damages or injuries to any person, or the property of such person, which damage or injuries result from answering or performing fire calls outside the City. 5. It is understood and agreed that should City's fire insurance rate be jeopazdized in any manner as a result of answering fire calls outside City's limits, City shall have the right to terminate this Agreement upon giving sixty (60) days written notice hereof. 6. The parties understand and agree that City's primary fire fighfing responsibilities are in the City and at the site of the greatest emergency; therefore, City reserves the reasonable discretion to delay or fail to respond, or to pull away from any call, whether in City or out, in order to respond adequately to an in-City report, or to other emergencies of the greatest degree, as solely determined by City. ~~ EXECUTED this the /C~ - day of yyl ~/ , A.D., 2006. CITY OF I{ERRVILLE, TEXAS 9-is-~o6 Eug e C. Smith, ayor COUNTY OF KERR, TEXAS ey, ounty Judge ATTEST renda G. Craig, 'ity Clerk APPROVED (An' TO FORM ~~~~~ v Michael C. Hayes, ity Attorney ATTEST Pieper, County Clerk ~~~~~,~oo.< ., . ~3l ~ '; f_ .G i9a h:\legal\firaens\wanactlfire for cowty\ineerlocal fire agm~_coumy_3006d00].doc 2006 APPROVED FEE SCHEDULE FEE ADMINISTRATION DEPARTMENT: AMBULANCE LICENSE (per year) 250.00 COPIES OF PUBLIC INFORMATION Standard size paper copy (per page) 0.10 Non-standard size copy: Computer diskettes (each) 1.00 Computer magnetic tape (each) 10.00 VHS video casette (each) 2.50 Audio casette (each) 1.00 Paper copy (per page) 0.50 Other Actual Cost Personnel charge (per hour) 15.00 Overhead charge 20% of Personnel Charge Microfiche or microfilm charge: Paper copy (per page) 0.10 Fiche or film copy Actual Cost Remote document retrieval charge Actual Cost FAX TRANSMISSIONS: Local (per page) 0.10 Long distance, same area code (per page) 0.50 Long distance, different area code (per page) 1.00 Other costs Actual Cost JUNK YARD OPERATION LICENSE 5.00 NATURAL GAS TRANSPORTED THROUGH PIPELINE: 3% of purchase price of gas transported or delivered within the City during the preceding month for consumption or use within the City. PEDDLERS AND SOLICITORS FEE Base Charge (per year) 600.00 For Each Additional Person- Thirty days 10.00 One Year 100.00 Deposit 750.00 Exemptions Temporary special events, sales and festivals sponsored by charitable organizations recognized as such by the United States' Internal Revenue Service. Temporary special events, sales and festivals sponsored by governmental subdivisions, including school districts, Chamber of Commerce and Junior Chamber of Commerce. Texas State Arts and Crafts Fair and other special events such as the Easter Chili Cook-off or Jimmy Rodgers Jubilee, as approved by Council, provided that the organizer/operator of said events provides the information required for an open air market. 2006 APPROVED FEE SCHEDULE Traveling salesman or solicitor calling only upon commercial businesses in the City. Garage sales. A business with a separate business location in the City that furnished proof of payment to the City of all ad valorem and personal property taxes then due. Six or more businesses that are organized in a sales show, convention, or similar sales by an indoor shopping mall, hotel, or similar sponsor. Businesses conducted in an open air market in compliance with all laws and zoning regulations applicable thereto. Sale of fresh produce (fruit, nuts, and vegetables). Sale of firewood. SEXUALLY ORIENTED BUSINESSES FEE -'~ Annual License Fee 500.00 Annual Fee per Employee 50.00 VEHICLE FOR HIRE PERMIT 25.00 TRAVELING SHOW AND EXHIBITION LICENSE (30 days) 100.00 Exceptions- Carnivals, circuses, travel-shows, tent shows, exhibits, menagerie which are actually operated by volunteers of a public school located in Kerr County, or a bona fide charity located in Kerr County, or a service organization located in Kerr County. Date: August 31, 2006 To: Chief Holloway CC: Assistant Chief Beavers From: Eric W. Maloney, EMS Coordinator Subject: Fee Schedule Analysis & Surrounding County General Contribution Report I reviewed an EMS fee schedule increase for all patients and compared Kendall County's fee schedule as the recommended increase. This would increase the patient's average bill approximately 109% from $393 to $822. If the fee schedule increase were adopted for all patients, the Net revenue would increase approximately $100,000 per year. There are some concerns about these figures. First, this figure increases the bad ""` debt by 13% from 22.3% currently to 35% overall, based on best estimation. The bad debt estimation could be low considering that the fee schedule is increasing by 109%. Second, we also transport approximately 77% CMS (Medicare) patients that pay the bill according to CMS allowables and not the original billed amount. Therefore, the patient is responsible for only 20% of the CMS allowable and not the actual billing amount e.g. ii we charge $855 for an ALS-emergency call and CMS allows $343; CMS pays (80%) $274 and the patient is responsible for (20%) $68 and not the difference of $855 minus $274. I contacted the surrounding counties in regards to FY 05/06 and FY 06/07 general contributions for EMS. These general contributions are necessary to maintain a zero budget balance. Fredericksburg EMS was provided general contributions of $339,000 for FY 05/07 and requested $290,000 for FY 06/07. Fredericksburg splits the general contribution 50/50 with the City and County. Bandera County EMS was provided general contributions of $49,000 for FY 05/06 and requested $579,000 for FY 06/07. Kendall County EMS was provided general contributions of $450,000 for FY 05/06 and requested $455,000 for FY 06/07. Kendall County supports the general contribution from the County's general fund. Per Jeff Finke, Kendall County EMS Director, Kendall County does not charge County residents anything over what insurance does not cover. If we say yes to a rate increase based on Kendall County, we can assume we will add some revenue. Our rates are currently low, but so is the general contribution. This is a good deal compared to what other area jurisdictions are contributing in the region. Comparing our rates to a jurisdiction such as Kendall County is not meaningful, as " ' Kendall County residents don't pay anything over and above what is covered by insurance. Confidential Page 1 9/22/2006 FRIJM ~: ty c~(~ Kerr~~ille iLegdl Dept. PHONE hL. 83© 79c SBO4 a k p s x w Sep. c" 201db U5: ~:SRM P1 /* ~ ~ ~ ~ uua~ _.~ ~ ~ ,.:. ,.. ~:. -.,i'/ ,... FROM : Oitu of Kerrville 'Legal Dept. PHONE N0. ~0 ?92 5804 Sep. 25 2006 ~8:2SRM P1 FIRST AMENDMENT OF CITY/COUNTY FIRE FIGHTING AGREEMENT This FIRST AMENDMENT, by and between the CITY OF KERRVILLE, TEXAS, herein called "City", and COUNTY OF KERR, TEXAS, herein called "County", which amends certain Fire Fighting Agreement Between the Ciry of Kerrville and Kerr County, dated September 12, 2006, (hereafter referred to as '`the Agreement"), is entered into and is effective as of October 1, 2007, for and in consideration of the following: Section 2 of the Agreement is amended in its entirety to read as follows: For the fire services to be rendered hereunder, County shall pay City the monthly sum of FOURTEEN THOUSAND FIVE HUNDRED EIGHTY-THREE DOLLARS AND 33/100 ($14,583.33). The first payment hereunder shall be due and payable on October 15, 2007, for the month of October 2007, and such payments shall continue on the fifteenth day of each successive calendar month for twelve (12) consecutive calendar months, with the last payment hereunder due payable on September 15, 2008. The total yearly amount County will pay City is ONE HUNDRED SEVENTY-FNE THOUSAND DOLLARS AND NO/100 ($175,000.00). 2. City and County agree that except as amended herein, the provisions and conditions of the Agreement are hereby ratified and affirmed and remain in full force and effect. EXECUTED this the ~~~~ day of , A.D., 2007. CITY OF KERRVILLE, TEXAS COUNTY OF KERR, TEXAS Euge C. Smith, ayor _. inley, County Judge ~~ ATTEST Brenda G. Craig, Cit Jerk APPROVED AS TO FORM ~~~ ~ v Michael C. Hayes, ity Attorney h. ~IegaP.fire-ems`,contraa\fire for county\mterlocal fire agmt_county 1st amend 081007 doc ATTEST n C~~ ,~.~ Ja ett Pie r, County C erk approved by Ctty Cou~ctf late: Vdt~me_____~~-~--