/ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND ONE (1) COPY OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: H.A. "Buster" Baldwin OFFICE: County Commissioner MEETING DATE: May 10, 2010 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action on request from the Bandera County EMS Director to have Kerr County enter into an EMS contract with Bandera County for EMS services rendered to a portion of southeastern Kerr County. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Comm. Baldwin/Eric Maloney 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: 5:00 PM previous Tuesday THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: @ .M. 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. Row City of Kerrville EMS Coordinator 87 Coronado, Ste 200 Kerrville, Texas 78028 830.257.5333 (0) ericwmaloney @kerrvilletx.gov MEMORANDUM TO: Pat Tinley, County Judge Bill Williams, County Commissioner, Precinct 2 VIA: Robert Ojeda, Fire Chief 4 Mark Beavers, Assistant` Fire Chief CC: Todd Parton, City Manager FROM: Eric Maloney, EMS Coordinator" DATE: April 6, 2010 SUBJECT: Bandera County EMS Cindy Martin, EMS Director for Bandera County EMS is requesting that Kerr County enter into an EMS contract for a section of southeastern Kerr County. This section of Kerr County is accessed through downtown Bandera on Hwy 16 at Pipe Creek and consists of the following roads: Bear Creek Road, Oil Well Road, Snake Road, Hunter Lane and Kerr Road. (see attached maps) Since the PSAP is sent to Bandera County Dispatch, their EMS has always responded to these addresses in Kerr County without a formal contract. In order for Bandera County EMS to continue to respond as the primary EMS agency, Cindy Martin believes it is in the best interest for Bandera County to enter into a formal contract with Kerr County that will include stipends. If Kerr County does not enter into a contract, Ms. Martin indicated all 911 calls originating in Kerr County will be forwarded to Kerrville Dispatch. At that point, Bandera County EMS will only respond after Kerrville EMS requests mutual aid assistance, which is contingent upon their availability and creates unnecessary delays in providing emergency medical services. For example, an EMS call at Bear Creek Road would require Kerrville EMS to respond from Station 3 and drive 33.5 miles, approximately forty-two (42) minutes, driving past the Bandera County EMS station located in Bandera, traveling through downtown Bandera, and turning onto Bear Creek just two (2) miles before their second EMS Station located west of Pipe Creek. Conversely, their 24/7 staffed EMS ambulance stationed at Pipe Creek would have to drive 7.0 miles, approximately six (6) minutes, to provide emergency medical services to the residents of southeastern Kerr County. The Kerr County section of Bear Creek Road is approximately 1.8 miles long with twelve (12) driveway accesses. If it is necessary to pursue a contract, there are additional areas with a number of roads located in both counties that should be addressed, some of which the Kerrville EMS currently responds to inside Bandera County. The Kerrville EMS has the responsibility to serve the residents of Kerr County as outlined in the Interlocal Agreement for Emergency Medical Services with Kerr County. In a best case scenario, Kerr County residents would have to wait an additional thirty -six (36) minutes for Kerrville EMS to arrive on scene from Station 3. These response times should be of concern to the residents that have come to expect a level of service that includes reasonable response times from Bandera County EMS. Kerr County currently has a contract with Kendall County for EMS coverage at The Reserve at Falling Water and Falling Water subdivisions on Hwy 87 dated 11/29/2007. The residents of Failing Waters initiated the contract by talking to Kerr County Commissioner Letz. Commissioner Letz worked with the Kendall County Commissioner Rusch and both dispatch agencies to adopt an agreement for EMS coverage. Kerr County pays a $3,000 per year stipend to Kendall County as outlined in the Interlocal agreement. It appears this is the type on contract Bandera County wants to enact with Kerr County. Commissioner Williams and potentially Commissioner Baldwin should be involved since it is Kerr County's responsibility to enter into an EMS contract with Bandera County. Kerrville EMS will respond to the "Service Area" as referenced in the Interlocal Agreement for Emergency Medical Services with Kerr County. It is my understanding, Cindy Martin is the primary point of contact and has authorization from the Bandera County Commissioner's Court to discuss and enter into an agreement with Kerr County. 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WHEREAS: The Medina County Emergency Services, District No. 1 (DISTRICT), a political subdivision of the State of Texas organized pursuant to ArtiOIe III, Section 48-e, Texas Constitution and Section 776, Texas Health and SSafety Code was duly and legally formed on May 10, 1993. 1 WHEREAS: Pursuant to Section 776.031 (7)(B), Texas Health and Safety Code, DISTRICT has the authority to enter into contracts for service with COUNTY for the operation of services in a specific area of Medina County WHEREAS: COUNTY and DISTRICT wish to negotiate an interlocal contract Sr the purpose of providing emergency medical care and ambulance services to a specific area of DISTRICT (the region), to the extent COUNTY its BCEMS is able to provide services while still providing reasonable protection to persons within COUNrrs jurisdiction. THEREFORE:'! In consideration of the mutual promises herein contained, the parties tjereto agree as follows: PURPOSE OF CONTRACT The purpose of this Agreement is to state the terms and conditions under which BCEMS will furnish emergency medical care and emergency ambulance services to DISTRICT in the region determined by the or plat marked as Exhibit "A" attached hereto and incorporated by reference into this contract. BCEMS Contract - Misc /03 -19 -06 1 11. SERVICES PROVIDED COUNTY, through its BCEMS, shall furnish to DISTRICT emergency medical care and emergency ambulance services to the extent that COUNTY is still able to provide reasonable protection to persons within COUNTY's jurisdiction while providing services for the DISTRICT as follows: A. BCEMS will provide emergency medical care services (hereinafter referred to as "services") to persons located within the boundaries the region as defined in Exhibit "A ". B. BCEMS will provide such services continuously, twenty -four (24) hours per day, seven (7) days per week, fifty -two (52) weeks per year. C. BCEMS will provide personnel trained and certified by the Texas Department of State Health Services (DSHS), in accordance with State law and Ifexas DSHS regulations with the exception of licensed emergency vehicle drivers described under "E" hereinafter. D. BCEMS, in performing the services under this contract, shall provide all equipment, supplies and vehicles necessary to provide for such services, under normal conditions, except for equipment and/or vehicles provided for BCEMS' use by the DISTRICT. E. BCEMS shall provide, in the performance of services, licensed drivers trained in emergency vehicle operation. III. COUNTY'S BCEMS PERSONNEL It is agreed and understood by the parties hereto that any services performed by Y P Y COUNTY be as independent contractor. All personnel utilized by COUNTY in performing the services set forth in this agreement will, at all times, be subject to the direct and sole supervision and control of COUNTY. Under no circumstances shall either party to this contract be deemed an employee or personnel of the other, nor shall either party act as an agent for the other party. Any and all joint venture or partnership status is hereby expressly denied and the parties herein expressly state that they have not formed, either expressly or impliedly, a joint venture or partnership. • BCEMS Contract - Misc /03 -19 -08 2 b. IV. COMPLIANCE WITH ALL APPLICABLE STATUTES, ORDINANCES AND REGULATIONS A. COUNTY hereby represents and warrants that it is currently in compliance with the applicable provision of Section 773, Texas Health and Safety Code and all other applicable federal, state or local laws to which it is subject B. It is understood and agreed by the parties hereto and COUNTY further represents and warrants that is performing the services required of it under this contract that it shall comply with the provisions of Section 773, Texas Health and Safety Code as amended or as may be amended in the futtlire and any and all other applicable statutes, regulations and ordinances. V. TERM OF THIS CONTRACT The Initial Term of this Contract shall commence on January 1, 2006, and shall continue in full force and effect unless terminated with thirty (30) days written notice frpm either party in accordance with the terms of this contract. This Contract shall automatic4lly renew on October 1, 2006 and October 1 of each subsequent year on a year -to -year basis unless terminated by either party with thirty (30) days written notice. VI. TERMINATION OF CONTRACT Either party to this contract shall be entitled to terminate this contract by giving the non - terminating party thirty (30) days written notice of its intent to do so. In such an event, the obligations of the parties pursuant to the terms of this agreement shall terminte on the 30 day after such written notice is received by the non - terminating party. VII. COMPENSATION For the services herein agreed to be performed by COUNTY during the initial term of this contract, DISTRICT shall pay to COUNTY FIVE THOUSAND, FOUR HUNDRED AND NO /100 DOLLARS ($5,400.00) each year. For the Initial Term Period, payment shall be made on upon execution of contract. For services performed in subsequent years, DISTRICT shall pay COUNTY $5,400.00 plus the percentage increase in the DISTRIC is tax levy for the area served by the County, payable on January 30 of each year. Nothing herein shall prevent COUNTY from continuing to bill or collect from clients directly for services rendered. All funds collected by COUNTY shall benefit BCEMS. BCEMS Contract- Misc/03 -19 -06 3