HomeMy WebLinkAboutRes 2014-05-12 ILA with Collin County - Ambulance Services.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2014-05- t
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN INTERLOCAL
AGREEMENT WITH COLLIN COUNTY FOR THE PROVISION OF AMBULANCE
SERVICES.
WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that the City of
Anna Fire Chief, in furtherance of the Department's purpose of preserving and protecting the
public health and safety of the residents of incorporated area of the City of Anna in Collin
County, recommends that the City approve the agreement for The Provision of Ambulance
Services s with Collin County.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval and Authorization of Agreement.
The City Council of the City of Anna, Texas hereby approves the Agreement for the Provision of
Ambulance Services attached hereto as Exhibit 1, and authorizes, ratifies and approves the City
Manager's execution of same. The City Manager is hereby authorized to execute all documents
and to take all other actions necessary to finalize, act under and enforce the Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 13th day of
May 2014.
APPROVED: ATTEST:
Mike Crist, Mayor IL Na a Wilki;
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Res. 2014-05,91 Ambulance Service Agreement PAGE 1 of 1
1
Secretary
05-13-14
INTERLOCAL AGREEMENT FOR THE PROVISION OF AMBULANCE SERVICES
This INTERLOCAL AGREEMENT for the provision of Ambulance Services
("Agreement") by Collin County, Texas a political subdivision of the State of Texas (hereinafter
referred to as "County") and the Cities of Anna, Blue Ridge, Farmersville, Josephine, Lowry
Crossing, Melissa, Nevada, Princeton, and Weston (collectively known as the "Northern and
Eastern Coalition" and individually as "Member") each a local government of the State of Texas.
RECITALS
WHEREAS, Pursuant to the authority granted by V.T.C.A. Government Code, Title 8,
Chapter 271, Subchapter F, Section 271.102 and Title 7, Chapter 791, Subchapter C, Section
791.025; and
WHEREAS, County has entered into an agreement with an ambulance service provider
("Vendor") pursuant to the contract Services, Emergency Medical, RFP No. 2013-016
("Ambulance Contract"); and
WHEREAS, each Member of the Northern and Eastern Coalition desires to participate in
the purchase of the services described in the Ambulance Contract; and
WHEREAS, County and the Northern and Eastern Coalition believe that the cooperative
purchase of the services benefits the citizens of both County and Northern and Eastern Coalition;
and
NOW, THEREFORE, in consideration of the above recitals, the mutual promises that
follow and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties to this Agreement do hereby represent, warrant, covenant and
agree as follows:
I. Term of Agreement
1.1 This Agreement shall become effective on November 1, 2013, ("Effective Date"),
regardless of when this Agreement is executed by the Member authorized representatives.
1.2 The term of this Agreement shall begin on the Effective Date and shall continue in full
force and effect through and including October 31, 2014 with the option to renew for four (4)
additional one (1) year periods.
1.3 A Member or County may terminate this Agreement, with or without cause, before end of
the current term by providing the other Party one hundred and forty (140) days written notice to
the other Party.
II. Relationship of Parties
2.1 County, its agents, employees, volunteer help or any other person operating under this
agreement shall not be considered an agent or employee of any Member, nor shall any Member,
its agents, employees, volunteer help or any other person operating under this agreement be
considered an agent or employee of Collin County.
III. Services
3.1 Vendor will provide services to the County and the Northern and Eastern Coalition in
accordance with the Ambulance Contract.
3.2 Each Member will appoint a representative to the EMS Advisory Board. The EMS
Advisory Board meets quarterly to discuss the Ambulance Contract.
IV. Payment of Services
4.1 Each Member agrees to pay for the Services each year in the amount determined by the
following formula:
Total price for Services for the year DIVIDED BY the total population of the
Coalitions as determined by population estimate models from COUNTY equals
the rate per person for services. The rate per person is MULTIPLIED by the total
population of each Member as determined by the North Central Texas Council of
Governments ("NCTCOG") annual population report for the year for of that
member.
4.2 County agrees to pay for the Services each year in the amount determined by the same
formula:
Total price for Services for the year DIVIDED BY the total population of the
Coalitions as determined by population estimate models from COUNTY equals
the rate per person for services. The rate per person is MULTIPLIED by the total
population of the Unincorporated area as determined by the North Central Texas
Council of Governments ("NCTCOG") annual population report for the year for
of that member.
4.3 County agrees to pay the Vendor the total amount owed for services as required by the
Ambulance Contract, on the condition that each Member reimburses County for amounts each
Member owes pursuant to this Agreement. The County will invoice each Member quarterly in
accordance with Exhibit A.
4.4 See attached for "Exhibit A" which shows the amounts owed, pursuant to section 4.1 and
4.2 by each Member and County for the first year of the Term of this Agreement which begins
on November 1, 2013 and ends on October 31, 2014. This Exhibit "A" is incorporated herein.
4.5 Each Member and County shall make payments hereunder from current revenues
available to each party.
4.6 In the event a Member terminates its participation in this Agreement, (the "Withdrawing
Member"), the remaining Members hereby acknowledge and agree that the amount that would
have been paid by the Withdrawing Member shall be paid by the remaining Members and
County collectively on a per capita basis.
4.7 In the event the Vendor of the Ambulance Contract is assessed damages, Member will
receive a discount based upon the population percentage (calculated on Attachment A) on their
next quarterly payment.
V. Notice
5.1 Any notice required by this Agreement to County shall be sent to the following address:
Collin County
Purchasing Department
2300 Bloomdale, Suite 3160
McKinney, TX 75071
5.2 Any notice required by this Agreement to a Member shall be sent to the address stated in
each Member's signature.
VI. Miscellaneous
6.1 Entire Agreement; Severability. This Agreement contains the entire agreement between
the Parties and this Agreement supersedes any prior oral or written understandings and
agreements. This Agreement shall not be modified or amended except in writing signed by the
Parties. The invalidity, in whole or in part, of any paragraph of this Agreement shall not affect
the validity of the remainder of the Agreement or paragraph.
6.2 Government Law. This Agreement shall be governed by the laws of Texas. Any
litigation in any way relating to this Agreement shall be brought in State court in Collin County,
Texas.
6.3 Non Waiver. Any failure by a Party to insist upon strict performance by another Party of
any material provision of this Agreement shall not be deemed a waiver thereof, and the Party
shall have the right at any time thereafter to insist upon strict performance of any and all
provisions of this Agreement. No provision of this Agreement may be waived except by writing
signed by the Party waiving such provision. Any waiver shall be limited to the specific purposes
for which it is given. No waiver by any Party of any term or condition of this Agreement shall
be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the
same term or condition.
6.4 Counterparts. This Agreement may be executed in a number of counterparts, each of
which shall be deemed an original and constitute one and the same instrument.
6.5 Authority. The undersigned officers of the Parties by executing said document
acknowledge that they and/or their respective government bodies have reviewed and approved
this Agreement in full compliance with their respective bylaws, policies and the laws of the State
of Texas. The persons executing this Agreement represent and warrant they possess the requisite
authority to do so on behalf of the persons and entities set forth below.
6.6 Indemnification. To the extent allowed by law, each party agrees to release, defend,
indemnify, and hold harmless the other (and its officials, officers, agents, and employees) from
and against all claims or causes of action for injuries (including death), property damages
(including loss of use), and any other losses, demands, suits, judgments and costs, including
reasonable attorneys' fees and expenses, in any way arising out of, related to, or resulting from
its performance under this Agreement, or caused by its negligent acts or omissions (or those of
its respective officials, officers, agents, employees, or any other third parties for whom it is
legally responsible) in connection with performing this Agreement.
6.7 Amendment. This Agreement shall not be amended or modified other than by written
agreement signed by the parties.
In WITNESS WHEREOF, the Parties hereto have executed this Agreement in multiple
counterparts.
AGENCY
Collin County
By:
Name:
Title:
Date:
AGENCY
City of Anna
Name: Philip S
Title:
Date: 4;
Contact Inforrnation fdr N
Address:
111 N. Powell Pkwy
City:
Anna, Texas
Zip Code:
75409
Contact Person:
Timothy Gothard
Phone Number:
Email:
tgothard@annatexas.gov
AGENCY
City of Blue Ridge
By:
Name:
Title:
Date:
Contact Information for Notifications
Address:
City:
Zip Code:
Contact Person:
Phone Number:
Email:
AGENCY
City of Farmersville
By:
Name:
Title:
Date:
Contact Information for Notifications
Address:
City:
Zip Code:
Contact Person:
Phone Number:
Email:
AGENCY
City of Josephine
By:
Name:
Title:
Date:
Contac
Inform
ation
for
Notific
ations
Address:
City:
Zip Code:
Contact Person:
Phone Number:
Email:
AGENCY
City of Lowry Crossing
By:
Name:
Title:
Date:
Contact Information for Notifications
Address:
City:
Zip Code:
Contact Person:
Phone Number:
Email:
AGENCY
Contac
City of Melissa
t
Zip Code:
Inform
By:
ation
Phone Number:
for
Name:
Notific
ations
Title:
Date:
Address:
City:
Zip Code:
Contact Person:
Phone Number:
Email:
AGENCY
City of Princeton
By:
Name:
Title:
Date:
Contact Information for Notifications
Address:
City:
Zip Code:
Contact Person:
Phone Number:
Email:
AGENCY
City of Weston
By:
Name:
Title:
Date:
Contact Information for Notifications
Address:
City:
Zip Code:
Contact Person:
Phone Number:
Email:
AGENCY
Contac
City of Nevada
t
Zip Code:
Inform
By:
ation
Phone Number:
for
Name:
Notific
ations
Title:
Date:
Address:
City:
Zip Code:
Contact Person:
Phone Number:
Email: