06-12-2001 (City Council) Agenda Packet NOTICE OF MEETING
WYLIE CITY COUNCIL AGENDA
Tuesday, June 12, 2001
6:00 p.m.
Wylie Municipal Complex—Council Chambers/Council Conference Room
2000 State Highway 78 North
Wylie,Texas 75098
Action Taken
Metro Church of Garlandy
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•Discussion of Ambulance Contract.
•Discussion regarding the requested provision of sewer service to a portion of the proposed
Estates of Creekside,located within the City of Parker. Presentation by Mr. Gary DeFrain.
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A. Approval of the Minutes from the May 22,2001 Regular Meeting.
1. Consider and act upon the selection of a Consultant for the preparation of the Park
Master Plan.
Approval of Contract&Interlocal Agreement
2. Consider and act upon approval of the implementation of the Master Contract for
Paramedic Ambulance Services and the Uniform EMS Ordinance between East Texas
Medical Center d/b/a East Texas Medical Center Emergency Medical Service ("ETMC-
EMS") and the City of Wylie, Texas and other Southeast Collin County Coalition
Members including the City of Lavon,Lucas,Murphy,Parker, Sachse,and St. Paul with
the initial term of the Agreement effective on the date of final execution as indicated on
the contract and ending September 30,2003.
3. Consider and act upon entering into an Interlocal Agreement with the City of Parker for
the provision of sewer services to the proposed Estates at Creekside Subdivision.
Board& Commission Appointments
4. Consider and act upon appointments to the Ambulance Board, Construction Code
Board, Library Board, Parks and Recreation Board, Parks and Recreation Facilities
Development Corporation Board, Planning and Zoning Commission, Zoning Board of
Adjustment and the Wylie Economic Development Corporation to fill any vacancies and
for those whose terms expire in July of 2001.
Planning Items
5. Consider and act upon a Final Plat for the Shiloh Baptist Church Addition, located at
840 East Brown Street, east of State Highway 78, being all of a certain tract of land
situated in the Francisco de la Pina Survey, Abstract No. 688, City of Wylie, Collin
County,Texas.
Planning-Public Hearings
6. Hold a public hearing to consider and act upon approval of a request for a change in
zoning from Retail (R) District to Business-1 (B-1) District, for a 4.703 acre tract
generally located south of State Highway 78 and south of West Kirby Street (FM 544),
situated in the E.C. Davidson Survey, Abstract No. 267 and being Lot 1, block 1 of the
Wylie Shopping Village No. 1 Addition, City of Wylie, Collin County, Texas. (Zoning
Case 2001-06)
7. Hold a public hearing to consider and act upon approval of a request for a change in
zoning from Agriculture (A) District to Planned Development (PD) District for Church
Related Activities, for a 15.00 acre tract generally located at the northwest corner of
Country Club Road (FM 1378) and McMillen Road (CR 298), situated in the William
Patterson Survey, Abstract No. 716, City of Wylie, Collin County, Texas. (Zoning Case
2001-07)
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In addition to any specifically identified Executive Sessions, Council may convene into Executive
Session at any point during the open meeting to discuss any item posted on this agenda. The Open
Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to
convene into Executive Session, those exceptions will be specifically identified and announced. Any
subsequent action,as a result of this Executive Session,will be taken and recorded in open session.
I certify that this Notice of Meeting was posted on this day of , 2001 at 5:0
p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that th
appropriate news media contacted. This agenda is also posted to the City of Wylie Website a
vww.ci.wylie.tx.us
City Secretary Date Notice Removed
The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees
must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170.
Page 2 of 2
MINUTES
Wylie City Council
Tuesday, May 22, 2001
Wylie Municipal Complex— Council Chambers
2000 State Highway 78 North
..............................
Council Present:Mayor John Mondy, Councilman Joel Scott, Councilwoman Reta Allen, Councilman Eric Hogue,
Councilman Merrill Young,Councilman J.C. Worley and Councilman Chris Trout.
Staff Present: Mindy Manson, Assistant City Manager; Brady Snellgrove, Finance Director; Claude Thompson,
Planner and Barbara Salinas, City Secretary.
Reverend John Thornton of the Wylie United Methodist Church provided the Invocation and Councilman Hogue
was asked to lead the Pledge of Allegiance.
The Mayor and Mayor Pro Tem recognized the Star Students for their exemplification of the character trait
Accountability. Those students present were as follows: Justin Hollingsworth from Dodd Elementary; Logan
Skipworth from Hartman Elementary and Angela Kim from Birmingham Elementary. Those unable to attend,but
recognized were, Sommer Star from Akin Elementary; T.J. Savant from the Wylie Intermediate School; Dafni
Gifford from the Wylie Junior High;Deena Dunderdale and Trace Dennis from the Wylie High School.
The Mayor then called for a brief recess before adjourning into the posted Work Session.
Presentation to the City Council by Park Master Plan Consultants.
Wallace,Roberts and Todd—Presentation by Ken Howell,Bert Hoffman and Julie Luther.
Assistant City Manager Ms. Mindy Manson provided Council a brief introduction as to the purpose and intent of
the Park Master Plan.
Representatives from the Consulting Firm of Wallace Roberts and Todd made their presentation to the Council
describing in detail Project Organization, Firm Philosophy, Experience and Park Planning Process and
Methodology. They also presented a work history from areas they have assisted with the development of their
Park Master Plans, including Flower Mound, Galveston, Little Rock, Arkansas, Chattanooga, Tennessee and the
Collin County Parks and Open Space Master Plan. They explained the key issues including, growth,preservation,
property values, current lack of parks and open space, connectivity to surrounding communities, integration with
Comprehensive Plan and with the Collin County Parks and Open Space Plan. There was discussion on the
importance of Public Participation as it relates to the development of the plan by conducting stakeholder
interviews, surveys, workshops and community meetings. The time frame was also addressed, with a projected
completion date in December of 2001, if the project were started in July. It was noted that if the public is
involved with input and hearings,the completion date might be extended approximately two months.
They concluded their presentation by emphasizing the project opportunities for Wylie and the strengths of
theWallace Roberts and Todd team,if awarded this project.
Minutes of May 8,2001
Wylie City Council
Page 1
Carter-Burgess—Presentation by Julie McCall
Ms. McCall made her presentation to the Council with emphasis on the firm's experience in the development of
Parks, Recreation and Open Space Master Plans citing nineteen Texas communities as previous projects. It was
noted that their firm is the only firm in the state of Texas which has prepared nine Parks, Recreation and Open
Space Master Plans approved by the Texas Parks and Wildlife Department under their new criteria.
Ms. McCall based her presentation primarily on Grant Funding, listing projects dating from 1990 and providing
Council with detail on the grant funding process including the project scoring system listing balance and wide
variety of opportunities, water related opportunities where feasible, maximize use of funds, opportunities for low
income, minority, elderly and youth at risk citizens, improve cooperative efforts between providers, other entities
and the private sector, promotion of conservation, renovation of obsolete areas and facilities, greenbelt and linear
linkages and encourage appreciation and preservation of resources.
Ms. McCall also provided the local Master Plan standard requirements including proof of adoption,jurisdiction
wide-planning,time period for implementation and details of the plan content.
Ms. McCall detailed the scope of the planning services in two phases. Phase 1 includes Inventory/Market
Analysis and Phase 2 included the Parks, Recreation and Open Space Master Plan. She also discussed the use of
focus groups, public meetings and survey formats as well as the organizational chart to include the City, a Task
Force Advisory Committee, Carter&Burgess and National Service Research. Ms. McCall estimated time frame
for completion is approximately nine to twelve months.
After a brief recess, the Mayor then reconvened into Regular Session at 7:45 p.m.
A. Approval of the Minutes from the May 8,2001 Regular Meeting.
B. Consider and act upon repealing Ordinance No. 93-55 prohibiting smoking in the Municipal Complex
and approving regulations prohibiting smoking and the use of tobacco products in municipal buildings,
facilities and vehicles.
Councilman Scott asked that the minutes stand corrected by reversal of the names for the Invocation and the
Pledge of Allegiance. With no further comment or corrections, Councilman Scott made a motion to approve Items
A and B of the Consent Agenda. Councilman Hogue seconded the motion. A vote was taken and the motion was
approved, 7-0.
1. Consider and act upon the selection of a Consultant for the preparation of the Park Master Plan.
Councilman Scott made a motion to table Item No. 1 until the regular meeting of June 12, 2001. Councilwoman
Allen seconded the motion. A vote was taken and the motion was approved, 7-0.
Councilman Scott made a motion to remove both Items No. 2 and 3 from the Table for discussion and action.
TABLED ITEMS—Public Hearings
2. Hold a public hearing to consider and act upon approval of a request for a change in zoning from
Agriculture (A) District to Planned Development (PD) District for Single Family Residential uses,
generally located west of Country Club Road (FM 1378) and north of McMillen Road (CR 298),
being a 99.814 acre tract of land conveyed by deed from Plano-Wylie Road Limited to Frederick
Veninga, trustee as recorded in Volume 8783, Page 628 of the Collin County Deed Records, and
being situated in the William Patterson Survey, Abstract No. 716, City of Wylie, Collin County,
Texas. (Zoning Case 2001-02)
Minutes of May 8,2001
Wylie City Council
Page 2
Mr. Claude Thompson, Planner, addressed this item providing Council with a brief background on the request.
This item had come before Council at their regular meeting of May 8, 2001 at which time it was tabled until the
May 22, 2001regular meeting.
Mr. Thomson stated that at the April 17 regular meeting of the Planning and Zoning Commission,the Commission
voted 4-1 to approve the zone change request with the stipulation that the lot widths be changed to 73' and the side
yards changed to 8.5'. Mr. Richard Host, Tipton Engineering was present representing the applicant. He stated
that they have been working with the Commission and at Council's request provided a brief description of the
amenity center and facility.
The Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor or opposition of
the zone change request to please come forward, stating their name and address for the record and limiting their
comments to three minutes. With no response the Mayor then closed the public hearing.
Councilman Worley made a motion to approve the request for a change in zoning from Agriculture(A) District to
Planned Development (PD) District for Single Family Residential uses, generally located west of Country Club
Road(FM 1378)and north of McMillen Road(CR 298),being a 99.814 acre tract of land conveyed by deed from
Plano-Wylie Road Limited to Frederick Veninga, trustee as recorded in Volume 8783, Page 628 of the Collin
County Deed Records,and being situated in the William Patterson Survey, Abstract No. 716, City of Wylie, Collin
County, Texas. (Zoning Case 2001-02) with the recommendations of the Planning and Zoning Commission.
Councilman Young seconded the motion. A vote was taken and the motion was approved, 7-0.
3. Hold a public hearing to consider and act upon approval of a request for a Specific Use Permit for
a Commercial Amusement/Indoor, located at 600 North State Highway 78, being a 0.0413 acre
portion of Lots 1A and 2A,Block B of the Railroad Addition, City of Wylie, Collin County, Texas.
(Zoning Case 2001-03)
Claude Thompson, Planner, provided Council with a brief background on the request. This item had come before
Council at their regular meeting of May 8, 2001 at which time it was tabled until the May 22, 200 lregular
meeting.
Mr. Thomson stated that the applicant is requesting for a Specific Use Permit (SUP) for the installation and
operation of a Indoor Commercial Amusement center. He stated that of the fourteen Public Comment forms
mailed to property owners within 200' of the request,eight forms were returned, seven or 50%were in opposition.
He stated that Section 211.006(d) of the Local Government Code requires the affirmative vote of at least three-
fourths of all members of the governing body to approve a proposed change in zoning when such change is
protested by at least 20%of the land owners within the 200 feet notification area. Mr.Thompson stated that at the
April 17, 2001 regular meeting of the Planning and Zoning Commission, they voted 5-0 to deny the SUP due to
insufficient parking.
Mr.Thomson stated that the current parking is not sufficient to serve both the proposed game room and the current
tenants of the retail center. Current parking accommodates 69 spaces, with current tenants requiring 69. The
proposed game room would require an additional 30 spaces. Mr. Thompson stated that the applicant was present
to address any questions of Council.
There was some discussion with regard to the number of access drives to State Highway 78, and the future
possibility of some road closings,although those closing have not been identified.
The applicant, 4400 Walnut, Suite 413, Garland,Texas,75040 was present to address any concerns of the Council.
She provided a brief description of the intent of the amusement center. She stated that they felt the parking issue
would not be problem due to the fact that the donut shop would only require parking during the morning and they
intended to move the dumpster to make additional parking space. She also added that the game room would be
restricted to ages 18 and above.
Minutes of May 8,2001
Wylie City Council
Page 3
The Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor or opposition of
the request for a Specific Use Permit to please come forward, stating their name and address for the record and
limiting their comments to three minutes. With no response the Mayor then closed the public hearing.
Councilman Trout made a motion to deny the request for a Specific Use Permit for a Commercial
Amusement/Indoor,located at 600 North State Highway 78,being a 0.0413 acre portion of Lots 1A and 2A,Block
B of the Railroad Addition, City of Wylie, Collin County, Texas. (Zoning Case 2001-03). Councilman Scott
seconded the motion. A vote was taken and the motion to deny was approved, 7-0.
4. Consider and act upon a Final Plat for the Twin Lakes Phase IV Addition, including a partial
waiver of alleys, generally located south and north of Alanis Drive and east of South Ballard
Avenue (FM 2514), to the east of Twin Lakes Phase I, being all of a certain 32.782 acre tract
situated in the Allen Atterberry Survey,Abstract No. 23,City of Wylie,Collin County,Texas.
Mr. Claude Thompson, Planner, addressed this item providing Council with a brief background on the Final Plat
and Alley waiver request. Mr. Thomson stated that at the May 15, 2001 regular meeting of the Planning and
Zoning commission,the Commission voted 7-0 in favor of the Final Plat,with removal of the alley north of Alanis
and adjoining Phase III.
Councilman Worley made a motion to approve the Final Plat for the Twin Lakes Phase IV Addition, including a
partial waiver of alleys, generally located south and north of Alanis Drive and east of South Ballard Avenue (FM
2514), to the east of Twin Lakes Phase I, being all of a certain 32.782 acre tract situated in the Allen Atterberry
Survey, Abstract No. 23, City of Wylie, Collin County, Texas. Councilwoman Allen seconded the motion. A
vote was taken and the motion was approved, 7-0.
5. Consider and act upon a waiver of alleys and a Final Plat for the Harvest Bend Phase II Addition,
generally located southeast of Parker Road (FM 2514) and north of the Harvest Bend Phase I
Addition, being all of a certain 16.371 acre tract situated in the W.D. Penny Survey, Abstract No.
696,City of Wylie,Collin County,Texas.
Mr. Claude Thompson, Planner provided Council with a brief background on the Final Plat and Alley waiver
request. Mr.Thompson stated that at the May 1,2001 Planning and Zoning Meeting,the Commission voted 6-0 to
approve the Final Plat and alley waiver with the following conditions.
• The perimeter screen note be revised to require that an 8-foot wood board or board fence between masonry
columns, spaced approximately 100-feet on center be installed to the inside of the live screen hedge, and that
the live screen be other than Red Tip Photinia.
• Both fence and hedge to be located on private property and installed by the developer and maintained by the
private property owner.
Mr. Thompson explained that the Final Plat for Phase II of the Harvest Bend Addition includes 16.371 acres and
will create 67 lots. The property is zoned Single-Family Residential— 3 (SF-3), requiring a minimum lot size of
7,200 square feet. The Preliminary Plat for the overall Harvest Bend Addition was approved by the City Council
in October of 1998. A Final Plat for Phase I was approved by the Council and filed with the County in May of
2000, and is currently being developed for Single-Family — 3 Residential (SF-3) lots of a minimum 7,200 square
feet. That 1998 Preliminary Plat did not include alleys and Phase I was accepted and is being developed without
alleys.
Mr. Thompson stated that the development of Phase I of Harvest Bend required a significant amount of off-site
sanitary sewerage, including the construction of an additional pump station, at the expense of the developer,
because the City system was inadequate to support the development at the time. This additional system is, in part,
already installed within the street rights-of-way to be created and dedicated to the City within the subject Phase II.
The pump station is to be dedicated to the City as Lot 19A of Block B of the Phase II.
Minutes of May 8,2001
Wylie City Council
Page 4
Section 2.9 of the Paving Standards states that"Alleys shall be provided in all residential areas and shall be paved
with concrete. The City Council may waive the residential alley requirement upon determination by the Council
that it is in the best interest of the City." The applicant contends that the City Council specifically granted a
waiver of alleys for both Phases. However, neither the City staff nor the applicant has been able to document the
issuance of such an alley waiver. The applicant is requesting a waiver of the alley requirement and approval of the
subject Final Plat of Phase II.
One consideration was that alleys were not anticipated in either the approved overall Preliminary Plat that includes
the subject phase or the accepted and filed Final Plat for Phase I. It is the conclusion of staff, that the addition of
alleys at this stage of review,while required by the code,will be contrary to the spirit and philosophy of the earlier
reviews and approvals and will result in a significant reduction in the number of lots created by this Phase, as well
as the disruption of the water and sanitary sewer facilities already installed, and will thereby create an undue
hardship on the City as well as the applicant.
Mr. Thompson stated that staff is recommending approval of the Final Plat without alleys.
Councilman Scott made a motion to approve the waiver of alleys and Final Plat for the Harvest Bend Phase II
Addition, generally located southeast of Parker Road (FM 2514)and north of the Harvest Bend Phase I Addition,
being all of a certain 16.371 acre tract situated in the W.D. Penny Survey, Abstract No. 696, City of Wylie, Collin
County, Texas, with the stipulations as set forth by the Planning and Zoning Commission. Councilman Worley
seconded the motion. A vote was taken and the motion was approved,7-0.
6. Consider and act upon a waiver of alleys and a Final Plat for the Cimarron Estates Phase I
Addition, including variances to the requirements for alleys and thoroughfare screening, generally
north of Brown Street, east of Kreymer Lane and east of the Wylie Ranch East Phase I Addition,
being all of a certain 54.336 acre tract situated in the Francisco de la Pina Survey, Abstract No.
688,City of Wylie,Collin County,Texas.
Mr. Claude Thompson, Planner provided Council with a brief background on the Final Plat and Alley waiver
request. Mr.Thompson stated that at the May 1, 2001 Planning and Zoning Meeting,the Commission voted 6-0 to
approve the Final Plat.
Mr. Thompson stated that the Final Plat for Phase I of the Cimarron Estates Addition includes 54.336 acres and
will create 165 lots. The property is zoned Single-Family Residential —2 (SF-2), requiring a minimum lot size of
8,500 square feet. The Preliminary Plat for the overall Cimarron Estates Addition was approved by the City
Council in January of 2001. The subject Final Plat substantially conforms to the earlier approved Preliminary Plat.
Mr. Richard Host Tipton Engineering, was present representing the applicant to address any concerns of the
Council.
Mr. Thompson stated that staff is recommending approval of the Final Plat as submitted,including as conditions of
approval the waiver of alleys serving Lots 1 thru 8 of Block K, Lots 35 thru 42 of Block J and Lots 17 thru 42 of
Block F, and the provision by the developer of a wood screen fence along Brown and masonry columns and
wrought iron fencing at the cul-de-sacs abutting Anson.
Councilman Scott made a motion to approve the waiver of alleys and a Final Plat as submitted, for the Cimarron
Estates Phase I Addition, including variances to the requirements for alleys and thoroughfare screening, generally
north of Brown Street, east of Kreymer Lane and east of the Wylie Ranch East Phase I Addition, being all of a
certain 54.336 acre tract situated in the Francisco de la Pina Survey, Abstract No. 688, City of Wylie, Collin
County,Texas, including as conditions of approval the waiver of alleys serving Lots 1 thru 8 of Block K, Lots 35
thru 42 of Block J and Lots 17 thru 42 of Block F, and the provision by the developer of a wood screen fence
along Brown and masonry columns and wrought iron fencing at the cul-de-sacs abutting Anson. Councilman
Worley seconded the motion. A vote was taken and the motion was approved, 7-0.
Minutes of May 8,2001
Wylie City Council
Page 5
Public Hearing
7. Hold a public hearing to consider and act upon approval of a request for a change in zoning from
Agriculture(A) District to Industrial (I) District,generally located north of West Kirby Street(FM
544) and west of Westgate Way, being a 3.66 acre tract situated in the E.C. Davisdon Survey,
Abstract No. 266,City of Wylie,Collin County,Texas.(Zoning Case 2001-04)
Mr. Claude Thompson was present to address this item providing Council with a brief background on the zoning
request. Mr. Thompson stated that at the May 1, 2001 meeting of the Planning and Zoning Commission, the
Commission voted 5-1 to approve the request.
Mr. Thompson stated that the applicant is requesting rezoning of the subject property in order to relocate his
business to the subject site. The applicant has stated that initially he will restore and utilize the existing house for
office uses and the barn for storage of equipment used in his business. He states that he intends ultimately to
construct a new office/warehouse on the property.
Mr. Thompson stated that the Future Land Use Plan of the Comprehensive Master Plan recommends Business
Center uses for the subject property. The Plan defines this new Business Center as accommodating"professional
office and clean manufacturing/assembly". The applicant intends to use the property for the central office of his
business, the nature of which takes his service to outlying work sites with little or no traffic to or from the office.
All equipment will be stored inside the renovated barn. The proposed use conforms to the recommendations of the
Comprehensive Plan.
Mr. Thompson stated that staff was also recommending approval as the proposal is consistent with the mixed-use
intent of the Business Center category of the Comprehensive Master Plan,as well as the existing industrial uses of
the adjacent properties.
The applicant, Mr. Joe Depsey, 2318 Flood Creek, Garland, Texas was present to address any concerns of the
Council. Mr. Depsey stated that they operate a restoration business and would like to move their national
headquarters to Wylie. He stated that they would like to restore and utilize the existing house and will refurbish
the existing barn for storage purposes. There was considerable discussion with regard to the requested zoning and
future development as well as the possibility of rezoning classification and outside storage uses.
The Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor or opposition of
the zoning request to please come forward, stating their name and address for the record and limiting their
comments to three minutes. With no response the Mayor then closed the public hearing.
Councilman Worley made a motion to approve the request for a change in zoning from Agriculture(A) District to
Industrial (I)District, generally located north of West Kirby Street (FM 544)and west of Westgate Way, being a
3.66 acre tract situated in the E.C. Davisdon Survey, Abstract No. 266, City of Wylie, Collin County, Texas.
(Zoning Case 2001-04). Councilman Scott seconded the motion. A vote was taken and the motion was approved,
4-3. Councilman Young, Councilman Trout and Mayor Mondy voting in opposition. Councilman Worley,
Councilman Scott, Councilwoman Allen and Councilman Hogue voting in favor of the request.
There were no citizens that came forward for participation.
Approved Ordinance Captions Nos. 2001-23,24 and 25 were read into the record by the City Secretary.
With no further business to come before Council,the meeting was adjourned at 8:53 p.m.
Minutes of May 8,2001
Wylie City Council
Page 6
John Mondy,Mayor
ATTEST:
Barbara A Salinas,City Secretary
Planning Items
Minutes of May 8,2001
Wylie City Council
Page 7
WYLIE CITY COUNCIL
AGENDA ITEM NO. I .
June 12, 2001
Issue
Consider and act upon the selection of a Consultant for the preparation of the Park Master Plan.
Background
This item was tabled at the May 22, 2001 Regular Meeting to come back before Council for
consideration at the June 12, 2001 Regular Meeting.
The existing Park Master Plan was adopted by the City Council in January 1996. The Plan has
been actively utilized since that time to determine the future location for park and recreation
facilities in the community. The Master Plan serves as the basis for the decisions regarding the
review of new development to determine if the developer is to provide parkland dedication or to
pay fees in lieu of dedication.
Two consulting firms, Wallace Roberts & Todd and Carter-Burgess, made presentations to the
Council during a Work Session held on May 22, 2001. Major elements of the plan will include
identification of existing inventory, a needs analysis, and recommendations for plan
implementation.
Other Considerations
N/A
Financial Consideration
Funding for the preparation of the Park Master Plan was approved as a mid-year budget
amendment, and is supplied through the 4B 1/2 cent sales tax proceeds.
Board/Commission Recommendations
N/A
Staff Recommendations
N/A
Attachments
N/A
gpY
Pretpared by evi ed by Finance City Ma age pproval
WYLIE CITY COUNCIL
AGENDA ITEM NO. �..
June 12, 2001
Issue
Consider and act upon approval of the implementation of the Master Contract for Paramedic Ambulance
Services and the Uniform EMS Ordinance between East Texas Medical Center d/b/a East Texas Medical
Center Emergency Medical Service("ETMC-EMS") and the City of Wylie, Texas and other Southeast
Collin County Coalition Members including the City of Lavon, Lucas, Murphy, Parker, Sachse, and St.
Paul with the initial term of the Agreement effective on the date of final execution as indicated on the
contract and ending September 30, 2003.
Background
The City of Wylie entered into an interlocal cooperative purchasing agreement for ambulance services
with the cities of Sachse, St. Paul, Murphy, Lucas, Lavon and Parker. This interlocal agreement
established the ad hoc Southeast Collin County EMS Coalition.
The construction of the original contract originated in 1998 and has suited the Coalition; however, due
to the City of Sachse considering withdrawing from the Coalition, it was necessary to renegotiate the
ambulance contract in order to protect Coalition members in the future as well as protecting the
Coalition as a whole.
The City of Sachse began to withdraw from the Coalition in order to begin their own EMS service. The
City of Sachse realized that there was no ambulance service for the citizens of their city and asked the
Coalition to provide ambulance service for three to six months until their EMS system was in place or
a private ambulance service could be negotiated. After several weeks, the City of Sachse approached
the Coalition to reorganize and a renegotiate a new contract they felt was more explicit to their personal
needs. Coalition members agreed to hear their proposition because it was financially beneficial to have
the City of Sachse in the Coalition as well as giving the Coalition a larger area which enhances the
Coalition's bargaining power. After a year of meetings and negotiations, Coalition members including
Sachse, agreed on a new proposed contract which is attached for the Council's consideration.
Changes in the new contract, as compared to the previous contract, include an additional ambulance
donated to the Coalition by East Texas Medical Services, adjusted subsidy numbers based on the 2000
census including Collin County subsidies, Uniform EMS Ordinance, a New Interlocal Agreement, default
clause for Coalition members and East Texas Medical Services, and five transfers per month.
The Interlocal Agreement is the agreement between all members of the Southeast Collin County EMS
Coalition to stand as one regarding ambulance service. This agreement offers a default clause to all
members in the Coalition that protects them from another member of the Coalition withdrawing from
the Coalition.
The Uniform EMS Ordinance purpose is to establish a regulated ambulance service system which can
provide clinical quality of care, with reasonable, response time standards, and with the goal of furnishing
the best possible chance of survival, without disability or preventable complication, to each ambulance
patient. It will also establish a sole-provider ambulance system and performance standards.
Other Considerations
The interlocal agreement for a regional EMS/Ambulance Service and the resulting cooperative
procurement process were accomplished in accordance with the Interlocal Cooperation Act(V.C.T.A.
Government Code Chapter 791). The solicitation of competitive proposals and the recommended
contract award comply with Chapter 252.021 of the Local government Code.
Financial Considerations
City of Wylie's subsidy is $31,650.09 per year the first year and is by per capita amounts for the
following two years. East Texas Medical Services pays $14,400.00 rent to the city and provides medical
control for the Fire Department E.M.S. and first responders which would cost approximately $16,000.00
if it were to be contracted out. The contract also requires them to provide all disposable E.M.S.
supplies.
Board/Commission Recommendations
The Southeast Collin County E.M.S. Coalition has voted to approve this contract and representatives
will be taking the contract back to each of the members cities for approval during the month of June.
Staff Recommendation
Staff recommends that Council execute the new Master Contract for Paramedic Ambulance Services
including the Interlocal Agreement and the Uniform EMS Ordinance between the City of Wylie and
other members of the Southeast Collin County EMS Coalition and East Texas Medical Center d/b/a East
Texas Medical Center Emergency Medical Service ("ETMC-EMS").
Attachments
Original contract including:
Interlocal Agreement
Uniform EMS Ordinance.
•
iLLA latuurLAAA-)
Prepare y 0•f L.. evieled by Finance City Mana r A oval
rw9cLIE
TO: All Coalition Members
FROM: Chief English F
SUBJECT: Subsidy Breakdowns
F rp7
DATE: May 30, 2001 DL
2000 N.Hwy. 78
Wylie,TX 75098
972-442-8110
Per the new Contract for Paramedic Ambulance Services, I have broken the subsidy numbers
down accordingly. I would like you to take a moment and verify the chart listed below.
Should you find a discrepancy, please notify me by June 6, 2001.
City 2000 Population $ Per-capita Subsidy
Lavon 387 2.0916 $809.45
Lucas 2890 2.0916 $6,044.72
Murphy 3099 2.0916 $6,481.87
Parker 1379 2.0916 $2,884.32
Sachse 9751 2.0916 $20,395.19
St. Paul 630 2.0916 $1,317.71
Wylie 15132 . 2.0916 $31,650.09
Totals 33268 $69,583.35
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING A
REGULATED AMBULANCE SERVICE SYSTEM BY IMPLEMENTING
THE MASTER CONTRACT FOR PARAMEDIC AMBULANCE
SERVICES BETWEEN EAST TEXAS MEDICAL CENTER D/B/A EAST
TEXAS MEDICAL CENTER EMERGENCY MEDICAL SERVICE
("ETMC-EMS") AND THE CITY OF WYLIE, TEXAS AND OTHER
SOUTHEAST COLLIN COUNTY COALITION MEMBERS INCLUDING
THE CITY OF LAVON, LUCAS, MURPHY, PARKER, SACHSE, AND ST.
PAUL WITH THE INITIAL TERM OF THE AGREEMENT EFFECTIVE
ON THE DATE OF FINAL EXECUTION AS INDICATED ON THE
CONTRACT AND ENDING SEPTEMBER 30, 2003; PROVIDING FOR A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
ARTICLE 1. PURPOSE AND INTENT
It is the purpose of this Uniform EMS Ordinance to:
1.01 Establish a regulated ambulance service system which can provide clinical quality of care,
with reasonable, reliable response time standards, and with the goal of furnishing the best possible
chance of survival, without disability or preventable complication, to each ambulance patient.
1.02 Establish a sole-provider ambulance system, because it is unreasonable to have unnecessarily
high rates to make needed improvements to ambulance service in the service area, when a more
efficiently designed system can achieve the same results at lower cost. The most efficient design
to achieve the goals of high-quality service, at the lowest cost, consistent with the quality of care
required, is the implementation of the system described herein.
1.03 Provide a method to develop specific performance standards, adequate review, and either
continuation of service or an appropriate procedure to obtain alternate proposals from other
providers.
1.04 To provide more effective medical oversight by recognizing a multi jurisdictional Medical
Control Board of licensed physicians expert in emergency medicine and related specialties as the
entity empowered hereunder to oversee and regulate all clinical aspects of the emergency medical
system which affect patient care within this jurisdiction.
Page 1 of 9
ARTICLE 2. DEFINITIONS
The following words and phrases as used in this article, shall have the following meanings:
2.01 Advanced Life Support Ambulance: Any vehicle which is equipped to provide treatment
of life-threatening emergencies through the use of advanced airway management, intravenous
therapy, and other advanced prehospital care procedures, and which is equipped to transport sick
or injured persons to or from health care facilities.
2.02 Administrator: That unit of local government designated in the Interlocal Agreement
which has accepted responsibility for providing administrative and clerical services necessary to
the orderly issuance, renewal, suspension, revocation, or restriction of licenses, certifications and
permits pursuant to authorization by the Medical Control Board, which licenses, certifications,
and permits shall be accepted as valid throughout the Regulated Service Area, including this
jurisdiction.
2.03 Ambulance: Any privately or publicly owned motor vehicle or helicopter that is specially
designed or constructed and equipped and is intended to be used for and is maintained or operated
for the transportation of patients.
2.04 Ambulance Patient or Patient: Any person being transported in a reclining position within
the Regulated Service Area to or from a health care facility except when the transportation
originates outside the Regulated Service Area.
2.05 Ambulance Service Contractor: That entity which is then currently under contract to
provide all Ambulance and Ambulance Patient services within this jurisdiction and throughout the
Regulated Service Area, except those services specifically exempted by Article 6 of this
ordinance.
2.06 Approved Emergency Room/Department: A health care facility which possesses a Level
4 or higher trauma categorization as defined by the Texas Department of Health.
2.07 Approved User Fee: Those membership fees, mileage charges, subsidy payments, if any,
and total average bill (exclusive of mileage charges) approved for this jurisdiction by the City
Council from the Uniform Schedule of Price/Subsidy Options.
2.08 Base Station Physician: A physician licensed to practice medicine in the State of Texas,
and certified by the Medical Control Board as knowledgeable of the prehospital emergency
medical protocols, EMS radio procedures and the general operating policies of the Ambulance
Service Contractor, and from whom ambulance personnel may take medical direction by radio or
other remote communications device.
2.09 City Council: That group of officials elected to govern the affairs of this City.
Page 2 of 9
2.10 Contract Service Area: The geographic area encompassing the Regulated Service Area
plus unincorporated areas of Collin County and such counties as may choose to contract with the
Ambulance Service Contractor pursuant to a contract incorporating clinical standards required
hereunder, and incorporating financial provisions with those contained in the contract with the
Ambulance Service Contractor.
2.11 Emergency Medical Technician (EMT): An individual who is a "specially skilled
emergency medical technician" under Chapter 773, Texas Health and Safety Code, or its
successor.
2.12 EMS System: That network of individuals, organizations, facilities and equipment
including, but not limited to, East Texas Medical Center Emergency Medical Service, whose
participation is required to generate a clinically-appropriate, pre-planned system-wide response to
each request for prehospital care and/or interfacility transport, so as to provide each patient the
best possible chance of survival without disability, given available financial resources.
2.13 Extraordinary Adjustment: That adjustment justified on the basis of either an increase in
the System Standard of Care whose cost of implementation and ongoing compliance exceeds the
then-remaining balance of the "Upgrade Reserve", or on the basis of an unusual increase in the
cost of a factor of production when such increase in cost is industry wide and the result of causes
beyond the Ambulance Service Contractor's reasonable control.
2.14 First Response, First Responder, First Response Organization: That service and those
units (e.g., fire department, 1st responders) which provide initial stabilization and trained
assistance on-scene and, when required, en route to medical facilities, as well as certain
extrication and rescue services. In accordance with Priority Dispatch Protocols, a 1st response
unit is routinely sent to all presumptively-classified life-threatening calls within the ETMC EMS
service area
2.15 Helicopter Rescue Unit: Any rotary wing aircraft providing basic or advanced life support
services and patient transportation originating from the scene of emergency incidents which occur
within the Contract Service Area.
2.16 Interlocal Agreement: That certain agreement between the Cities of Lavon, Lucas,
Murphy, Parker, Sachse, St. Paul, Wylie and such other cities which shall participate in the
Southeast Collin County EMS Coalition for EMS services, adopted effective , 2001,
pursuant to Section 791.001 et seq. of the Texas Government Code annotated and known as the
Interlocal Cooperation Act and called herein Interlocal Agreement.
2.17 Master Ambulance Service Contract: That ambulance service contract between the
Southeast Collin County EMS Coalition and the Ambulance Service Contractor.
2.18 Medical Audit: An official inquiry into the circumstances involving an ambulance run or
request for ambulance service, conducted by the Medical Director or a licensed physician
designated by the Medical Director, or by the Medical Control Board.
Page 3 of 9
2.19 Medical Control: That direction given ambulance personnel by a base station physician
through direct voice contact, with or without vital sign telemetry, as required by applicable
medical protocols promulgated by the Medical Control Board, and by Chapter 773, Texas Health
and Safety Code, or its successors.
2.20 Medical Control Board or MCB: That board of physicians established and empowered by
this Uniform EMS Ordinance to update from time-to-time the System Standard of Care and to
monitor compliance with that System Standard of Care.
2.21 Medical Director: An emergency physician, expert in the prehospital practice of
Emergency Medicine, appointed by the Ambulance Service Contractor.
2.22 Medical Protocol: Any diagnosis-specific or problem-oriented written statement of standard
procedures, or algorithm, promulgated by the Medical Control Board as the proper standard of
prehospital care for a given clinical condition.
2.23 Member Jurisdiction: The individual corporate limits of the individual cities which are
members of the Southeast Collin County Coalition.
2.24 Mutual Aid Agreement: A written agreement between one or more providers of
ambulance service whereby the signing parties agree to provide backup ambulance service to one
another under conditions and pursuant to terms specified in the agreement.
2.25 Paramedic: A person qualified as a certified "paramedic emergency medical technician: as
defined by Chapter 773, Texas Health and Safety Code, or its successor.
2.26 Person: Any individual, firm, partnership, association, corporation, governmental entity, or
other group or combination acting as a unit.
2.27 Regulated Service Area: The combined corporate limits or legal boundaries of all
jurisdictions which adopt this Uniform EMS Ordinance.
2.28 Senior Paramedic in Charge: That person among the certified personnel assigned to an
ambulance, not the driver, who is a certified paramedic designated by the Ambulance Service
Contractor as the individual in command of the ambulance.
2.29 Special Event: Any public event located within the Regulated Service Area, for which
standby ambulance service is arranged in advance, and for which an Ambulance (or Ambulances)
are hired by the sponsor of the event or other interested party.
2.30 Specialized Mobile Intensive Care Unit: A vehicle which is specially constructed,
equipped, staffed, and employed in the interfacility transport of patients whose requirements for
enroute medical support are likely to exceed the clinical capabilities of a paramedic level
ambulance.
Page 4 of 9
2.31 System Standard of Care: The combined compilation of all priority dispatching protocols,
pre-arrival instruction protocols (i.e., ambulances), protocols for selecting destination hospital,
standards for certification of pre-hospital care personnel (i.e., telephone call takers, ambulance
personnel, and on-line medical control physicians), as well as standards governing requirements
for on-board medical equipment and supplies, and licensure of ambulance services and first
responder agencies. The System Standard of Care shall simultaneously serve as both a regulatory
and contractual standard.
ARTICLE 3. AUTHORITY TO OPERATE-- EXCEPTIONS
3.01 No person shall operate or cause to be operated an Ambulance nor furnish, conduct,
maintain, advertise or otherwise be engaged in the business or service of the transportation of
Ambulance Patients within the Regulated Service Area, or provide Special Events standby
coverage, unless such person is the Ambulance Service Contractor. No person shall knowingly
solicit ambulance services as regulated herein except the Ambulance Service Contractor.
3.02 However, the prohibitions set forth in Paragraph 3.01, above, shall not be applicable to an
Ambulance or Ambulance Service provider:
a. Which is rendering assistance to patients in the case of a major catastrophe or
emergency with which the Contractor's ambulances are insufficient or unable to cope; or
is
b. Transporting a patient who is picked up from a location beyond the Regulated Service
Area and transported to a location within the Regulated Service Area; or is
c. Transporting a patient who is picked up from a location beyond the Regulated Service
Area and transported to a location beyond the limits of the Regulated Service Area and
only incidentally passing through the Regulated Service Area.
3.03 The Ambulance Service Contractor may use another ambulance service provider for non-
emergency transfers to and from the Member Jurisdictions, if the Ambulance Service Contractor
is unable to perform the service due to unavailability or due to exceeding the number of transports
as set forth in Paragraph 3.04, below.
3.04 The Ambulance Service Contractor shall have the option to transport non-emergency
transports to and from the Member Jurisdictions but will limit the number of such transports that
the Ambulance Service Contractor's generally dedicated unit for the Contract Service Area to no
more than five (5) per month.
3.05 All emergency and non-emergency calls and requests for ambulance services originating
within the Member Jurisdictions will be dispatched through or to the Ambulance Service
Contractor's dispatch center.
Page 5 of 9
3.06 Violations of this Article are hereby declared to be public nuisances and shall be prohibited
and abated in actions at law or in equity.
ARTICLE 4. MEDICAL CONTROL BOARD
4.01 System Standard of Care Adopted. The System Standard of Care as defined herein is
hereby adopted as the minimum requirement for compliance with this ordinance, and the Medical
Control Board is hereby recognized as the clinical standards-setting body for this jurisdiction.
4.02 Physician Participation. Any hospital within this jurisdiction which operates an emergency
room or emergency department meeting the requirements of an Approved Emergency
Room/Department shall be eligible to appoint its physician director of said emergency room or
department (or his/her physician designee) to membership on the Medical Control Board, and
such representative shall have full voting rights when the MCB has been notified in writing by an
officer of the hospital.
4.03 Coordination of Activities. The Medical Director appointed by the Ambulance Service
Contractor shall serve as ex-officio, non-voting chair of the Medical Control Board, and shall be
responsible for arranging meetings, creating the agenda, keeping minutes, ensuring compliance
with this ordinance, and developing a process for monitoring compliance with the System
Standard of Care, subject to approval by the Medical Control Board.
4.04 Duties and Responsibilities. Responsibilities of the Medical Control Board shall be as
follows:
a. To set the System Standard of Care and provide periodic revisions. The System
Standard of Care shall address minimum requirements and recommended higher
standards governing the licensure of organizations, the certification of individuals, and
the permitting of vehicles employed within the EMS System, and shall be developed in
accordance with the following table of contents:
(i) Prevention, CPR and other Public Information Programs
(ii) Telephone Access (emergency and routine)
(iii) Control Center Operations
(iv) First Responder Services
(v) Ambulance Services
(vi) On-Line Medical Control
(vii) Quality Improvement and Clinical Research
b. Authorize the issuance, denial, revocation, suspension, or restriction of licenses, permits
and certifications issued pursuant to this ordinance.
c. Licenses, certifications and permits in good standing issued by any jurisdiction within
the Regulated Service Area pursuant to written authorization by the Medical Control
Board shall be recognized and accepted as valid by this jurisdiction.
Page 6 of 9
4.05 Selection of Patient Destination. Medical Protocols approved by the Medical Control
Board shall establish protocols for selection of the destination hospital, which protocols shall be
strictly followed by paramedic personnel and on-line medical control physicians, except when a
departure from protocol is justified on the basis of special considerations of patient care or
practical barriers to implementation (e.g., blocked roads, hospital divert status, etc.). In
developing such "transport protocols," the Medical Control Board shall strictly adhere to the
following priorities of consideration, and shall recognize these priorities in the sequence
presented:
First Consideration: patient care and safety;
Second Consideration: patient/family choice;
Third Consideration: fairness in distribution of patients among hospitals.
In this regard, the following rules shall apply:
(a) Non-Emergencies. All "non-emergency patients" (as defined by
patient-assessment protocols approved by the Medical Control Board) shall be
transported to the destination selected by the patient, the patient's family, or the
patient's personal physician,without exception.
(b) Non-Life-Threatening Emergencies. Patients experiencing a "non-life
threatening emergency" (as defined by patient-assessment protocols approved by
the Medical Control Board) shall be transported to the facility of choice designated
by the patient,the patient's family,or the patient's personal physician, or if no such
preference is stated,to the nearest hospital approved by the Medical Control Board
for receipt of patients experiencing non-life threatening emergencies.
(c) Life-Threatening Emergencies. Patients experiencing life-threatening
emergencies (as defined by patient-assessment protocols approved by the Medical
Control Board) shall, in accordance with transport protocols approved by the
Medical Control Board, be delivered to the "nearest appropriate facility," taking
into consideration the patient's condition and location, the patient's medical
requirements, and the respective capabilities of hospitals within and, for some
types of patients, outside) the "Contract Service Area." Such transport protocols
shall not be inconsistent with then-currently-approved trauma system protocols
(when available).
(d) Enforcement. Inappropriate and unjustified deviations from these
patient-destination protocols by a paramedic without direct authorization by a Base
Station Physician or inappropriate and unjustified instructions regarding such
deviation by a Base Station Physician shall be subject to sanction by the Medical
Control Board provided such sanctions are applied in accordance with due process
procedures approved by the City Attorney. Such sanctions may include reprimand,
suspension of certification, or revocation of certification, depending upon
frequency and severity of error.
Page 7 of 9
4.06 Binding Arbitration Available. In the event any hospital desires to dispute a policy of the
Medical Control Board affecting patient distribution, that hospital may at its option institute
procedures for binding arbitration as follows:
a. The hospital wishing to contest the specified policy shall present its position in
writing to the Medical Control Board, including one or more proposed remedies
acceptable to the hospital.
b. If the Medical Control Board rejects all remedies proposed by the hospital, the
hospital may appoint a physician expert in the medical specialty to which the
contested policy is related to serve as a member of an arbitration team,provided that
such physician shall have no affiliation, direct or indirect, with any hospital or
physician group practicing within the Contract Service Area.
c. The Medical Control Board shall then appoint a physician expert in the medical
specialty to which the contested policy is related to serve as a member of the
arbitration team, provided that such physician shall have no affiliation, direct or
indirect,with any hospital or physician group practicing within the Contract Service
Area.
d. The two appointed members of the arbitration team shall then jointly appoint a third
physician expert in the medical specialty to which the contested policy is related to
serve as the third member of the arbitration team, provided that such physician shall
have no affiliation,direct or indirect,with any hospital or physician group practicing
within the Contract Service Area.
e. The arbitration team shall then review such written documentation related to the
dispute as may be available, and shall conduct such site visit inspections and on-site
interviews as the team deems appropriate, and shall render a decision on the
disputed matter either in favor of the Medical Control Board or in favor of the
hospital initiating the arbitration process, and such decision shall be final. The
arbitration team shall not have authority to impose any resolution which was not
proposed by either the Medical Control Board or the hospital initiating the
proceedings.
f. The actual and reasonable cost of the arbitration process, including consulting fees
and travel reimbursement, shall be paid by the hospital initiating the arbitration
process.
ARTICLE 5. COMPLIANCE WITH LAW
All persons and entities regulated under this ordinance shall comply with the laws of the state and
reference to permits, licenses, minimum equipment and minimum qualifications of operators and
attendants and all state and federal laws and regulations applicable to its ambulance operation.
Page 8 of 9
ARTICLE 6. FAILURE TO PAY SERVICE CHARGES- PROHIBITED
6.01 It shall be unlawful for any person, with intent to defraud, to request or accept the service of
any ambulance within the City, having no intention of paying for such service.
6.02 Failure, by the person requesting or accepting the services of an ambulance, to pay to the
person furnishing such service the customary charge therefor within ninety (90) days after demand
for payment is made, shall be prima facie evidence of intent to defraud and prima facie evidence
that such person had no intention of paying for such services when the same were requested or
accepted.
6.03 Demand for payment, as used in this article, shall be written demand, sent by registered or
certified mail addressed to the person requesting or accepting such services and to the address
given by or on behalf of such person at the time the services were requested or accepted. Intent
to defraud or intention not to pay for such services may be shown by direct evidence.
ARTICLE 7. VIOLATIONS- PENALTIES
Any person who shall violate any provision of this article shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be fined as provided in Section of the municipal
code. Each day such violation shall continue or be permitted to continue, shall be deemed a
separate offense. It shall not be necessary for the complaint to negative any exception contained
in this article concerning any prohibited act, but any such exception made in this article may be
urged as a defense by any person charged by such complaint. Since this ordinance has a penalty
for violation, it shall become effective after its publication in the newspaper on
20
PASSED this day of , A.D. 20_.
John Mondy, Mayor
Attest:
Barbara Salinas, City Secretary
Approved as to form:
Richard Abernathy, City Attorney
Page 9 of 9
STATE OF TEXAS §
COUNTY OF COLLIN §
INTERLOCAL COOPERATION AGREEMENT FOR
EMERGENCY MEDICAL SERVICES COALITION
This Agreement is made and entered into by and among the City of Lavon, Texas
("Lavon"), the City of Lucas, Texas ("Lucas"), the City of Murphy, Texas ("Murphy"), the City
of Parker,Texas("Parker"),the City of Sachse, Texas("Sachse"), the Town of Saint Paul, Texas
("St. Paul"), and the City of Wylie, Texas ("Wylie"), each of said Cities being a municipal
corporation organized and operating under the laws of the State of Texas(collectively referred to
as the "Participating Cities" or singularly as "Participating City") acting by and through their
authorized representatives.
WITNESSETH:
WHEREAS, this Agreement and the activities described herein are authorized by
Interlocal Cooperation Act TEX. GOV'T CODE Chapter 791; and
WHEREAS, the Participating Cities desire to maximize the efficiency and effectiveness
of emergency medical services by entering into an agreement to provide for regional emergency
medical services;and
WHEREAS, the forming of a Coalition for the purposes of obtaining emergency medical
services for all of the Participating Cities will result in more efficient provision of services to
each Participating City;
NOW THEREFORE, in consideration of the foregoing and on the terms and conditions
hereinafter set forth and other valuable consideration the sufficiency and receipt of which are
hereby acknowledged,the parties agree as follows:
ARTICLE I
PURPOSE
1.1 The purpose of this Agreement is to create the Southeast Collin County EMS
• Coalition ("Coalition") by and among the Participating Cities for the purpose of contracting
and/or providing for regional emergency medical services to the Participating Cities.
ARTICLE II
EMERGENCY MEDICAL SERVICES
2.1 The Participating Cities shall each designate a representative for the Coalition.
The Coalition shall negotiate the terms of a contract for the provision of emergency medical
services to all Participating Cities in a manner consistent with this Agreement. The Coalition
INTERLOCAL COOPERATION AGREEMENT FOR
EMERGENCY MEDICAL SERVICES COALITION
T___ 11
may also propose a contract for mutual aid amongst Participating Cities, and compensation for
services performed.
2.2 Any contract negotiated by the Coalition must be adopted and executed by the
governing body of each Participating City prior to becoming effective against any Participating
City.
2.3 No Participating City shall be reimbursed by any other Participating City for costs
incurred pursuant to this Agreement. Personnel who may be assigned, designated, ordered or
dispatched to perform duties pursuant to this Agreement shall receive the same wage, salary,
pension, and all other compensation for the performance of such duties, including injury or death
benefits, and Workmen's Compensation benefits, as though the service had been rendered within
the limits of the Participating City where such person is regularly employed. Moreover, all
medical expenses, wage and disability payments, pension payments, damage to equipment and
clothing, and expenses of travel, food, and lodging shall be paid by the Participating City in
which the employee in question is regularly employed.
2.4 At all times while equipment and personnel of the Participating Cities are
traveling to, from, or within the territorial limits of any of the other Participating Cities in
accordance with the terms of this Agreement, such personnel and equipment shall be deemed to
be employed or used, as the case may be, in the full line and course of duty of the Participating
City which regularly employs such personnel and equipment. Further, such equipment and
personnel shall be deemed to be engaged in a governmental function of such Participating City.
2.5 In the event that any individual employee or representative of any of the
Participating Cities performing duties subject to the Agreement shall be cited as a defendant
party to any state or federal civil lawsuit, or if a claim or demand for damages or liability is
asserted against such individual arising out of this or her official acts while performing duties
pursuant to the terms of this Agreement, such individual shall be entitled to the same benefits
that he or she would be entitled to receive had such civil action arose out of an official act within
the scope of his or her duties as a member of the Participating City where regularly employed.
The benefits described in this paragraph shall be supplied by the Participating Cities where the
individual is regularly employed. However, in situations where any of the other Participating
Cities may be liable, in whole or in part, for the payment of damages, then such other
Participating Cities may intervene in such causes of action to protect its interest.
ARTICLE III
FINANCIAL OBLIGATIONS
3.1 The Participating Cities represent and covenant that their respective financial
obligations and liability arising herein, or as part of the Coalition, shall constitute operating
expenses of the Participating Cities payable from funds annually budgeted and appropriated
therefore.
3.2 Each Participating City shall be responsible for a share of any financial obligation
created by the Coalition and approved by all Participating Cities, in a percentage equal to that
INTERLOCAL COOPERATION AGREEMENT FOR
EMERGENCY MEDICAL SERVICES COALITION
Participating City's population divided the total population of all Participating Cities, as
established by the 2000 U.S. Census.
ARTICLE IV
TERM
4.1 The term of this Agreement shall be for one (1) year commencing on the last date
all of the Participating Cities have executed the Agreement (the "Effective Date"), and shall
automatically renew for successive one (1) year terms on the anniversary date of the Effective
Date thereafter,unless terminated by written agreement of all Participating Cities.
4.2 Any one Participating City may terminate its rights and obligations under this
Agreement by giving one hundred eighty (180) days prior written notice to the other
Participating Cities. Any financial obligation or liability of a Participating City arising from this
Agreement, or any contract executed in connection with this Agreement shall survive
termination of this Agreement.
ARTICLE V
RELEASE AND INDEMNIFICATION
5.1 Each Participating City hereto agrees to waive all claims against, release, and
otherwise hold the other Participating Cities, their officers, agents and employees in both public
and private capacity harmless from any and all liability, claims, suits, demands, losses, damages,
attorneys fees, including all expense of litigation or settlement, or causes of action of any kind
which may arise by reason of injury to or death of any person or for a loss of, damage to, or loss
of use of any property arising out of services provided under this Agreement, including any acts
or omissions of the parties respective officials, officers, agents or employees relating to or arising
out of the performance of this Agreement, except when such claim or demand results from the
intentional tort and/or gross negligence of a party hereto.
5.2 In the event any claim or demand arises out of or results from the intentional tort
and/or gross negligence of a party hereto, then in that event, the party guilty of such intentional
tort and/or gross negligence shall indemnify and hold harmless other Participating Cities
(innocent of any intentional tort or gross negligence) of and from all liability, claims, suits,
demands, losses, damages and attorneys' fees resulting from the intentional tort and/or gross
negligence.
5.3 The parties hereto agree to exercise their best efforts in the performance of the
obligations of each party hereunder. Each party to this Agreement waives all claims against the
other party for any loss, damage, personal injury, or death occurring as a consequence of the
performance of or failure to perform this Agreement. Nothing contained in this Agreement shall
in any way be construed so as to confer any vested right or benefit to any third party not a party
to this contract. Each party shall be solely responsible for any civil liability arising from
furnishing or obtaining the fire protection services contemplated herein as fully as and to the
same extent as that party would have been responsible in the absence of this Agreement, in
accordance with Section 791.006, TEx. GOV'T CODE, as amended.
INTERLOCAL COOPERATION AGREEMENT FOR
EMERGENCY MEDICAL SERVICES COALITION
5.4 It is expressly understood and agreed that, in the execution of this Agreement,
none of the Participating Cities waive, nor shall be deemed hereby to or waive any immunity or
defense that would otherwise be available to or against claims arising in the exercise of
governmental functions relating hereto or otherwise. By entering into this Agreement, the
Participating Cities do not create any obligations express or implied, other than those set forth
herein, and this Agreement shall not create any rights in any parties not signatory hereto. The
remedies of any of the Participating Cities hereto with respect to a claim against any of the other
Participating Cities hereto shall not be impaired by this Agreement when the claim does not arise
from the services provided pursuant to this Agreement.
ARTICLE VI
INSURANCE
6.1 Each Participating City shall maintain in full force and effect during the term of
this Agreement insurance for comprehensive bodily injury, death and property damage insuring
and naming each Participating City as an additional insured against all claims, demands, or
actions relating to the Services with a minimum combined single limit of not less than One
Million Dollars ($1,000,000) per occurrence for injury to persons (including death) and for
property damage or destruction.
ARTICLE VII
DEFAULT
7.1 In the event any of the Participating Cities shall fail to perform any financial
obligation hereunder, any one or more of non-defaulting Participating Cities shall give written
notice of such failure, and if the defaulting Participating City has not cured such failure within
ten (10) days after receipt of such written notice, any one or more of the non-defaulting
Participating Cities shall have the right to cure such failure and recover from the defaulting
Participating City the amount of money paid if any, by the non-defaulting Participating City to
cure such failure,with interest at the highest rate allowed by law.
7.2 In the event that the Coalition enters into an agreement on behalf of the
Participating Cities that exceeds a term of one year, a defaulting Participating City's
responsibility to cure shall remain until full expiration of the agreement entered into by the
Coalition and in such case, the non-defaulting Participating Cities shall have the right to recover
from the defaulting Participating City all amounts necessary to cure the default.
ARTICLE VIII
MISCELLANEOUS
8.1 Governing Law. This Agreement shall be governed by the laws of the State of
Texas; and venue for any action shall be in Collin County,Texas.
INTERLOCAL COOPERATION AGREEMENT FOR
EMERGENCY MEDICAL SERVICES COALITION
__ A
8.2 Notice. Any notice, demand or request required or permitted to be delivered
hereunder shall be deemed received when delivered in person or sent by United States mail,
postage prepaid, certified mail, addressed to the party at the address set forth below:
Lavon: City of Lavon
P.O.Box 340
Lavon,Texas 75166
Attn: City Manager
Lucas: City of Lucas
151 Country Club Road
Lucas,Texas 75002
Attn: City Manager
Murphy: City of Murphy
205 North Murphy Road
Murphy,Texas 75094
Attn: City Manager
Parker: City of Parker
5700 East Parker Road
Parker,Texas 75002
Attn: City Manager
Sachse: City of Sachse
5560 Highway 78
Sachse,Texas 75048
Attn: City Manager
St. Paul: Town of Saint Paul
2505 Butscher Block
Saint Paul,Texas 75098
Attn: City Manager
Wylie: City of Wylie
2000 Highway 78
Wylie,Texas 75098
Attn: City Manager
Any party may, at any time, by written notice to the other Participating Cities, designate different
or additional persons or different addresses for the giving of notices hereunder.
8.3 Entire Agreement. This Agreement is the entire agreement. There is no other
collateral or oral agreement among the parties that in any way relates to the subject matter of this
Agreement.
INTERLOCAL COOPERATION AGREEMENT FOR
EMERGENCY MEDICAL SERVICES COALITION
T_-
8.4 Amendment. This Agreement may be amended by the written agreement of all
parties hereto.
8.5 Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability shall not affect the other provisions, and the
Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never
been contained in this Agreement.
8.6 Assignment. This Agreement may not be assigned by any Participating City
without the express written consent of all Participating Cities.
EXECUTED in multiple originals this day of , 2001.
CITY OF LAVON,TEXAS
By:
MAYOR
ATTEST:
By:
CITY SECRETARY
APPROVED AS TO FORM:
By:
CITY ATTORNEY
EXECUTED in multiple originals this day of , 2001.
CITY OF LUCAS,TEXAS
By:
MAYOR
ATTEST:
By:
CITY SECRETARY
INTERLOCAL COOPERATION AGREEMENT FOR
EMERGENCY MEDICAL SERVICES COALITION
T' /
APPROVED AS TO FORM:
By:
CITY ATTORNEY
EXECUTED in multiple originals this day of , 2001.
CITY OF MURPHY,TEXAS
By:
MAYOR
ATTEST:
By:
CITY SECRETARY
APPROVED AS TO FORM:
By:
CITY ATTORNEY
EXECUTED in multiple originals this day of , 2001.
CITY OF PARKER,TEXAS
By:
MAYOR
ATTEST:
By:
CITY SECRETARY
APPROVED AS TO FORM:
By:
CITY ATTORNEY
INTERLOCAL COOPERATION AGREEMENT FOR
EMERGENCY MEDICAL SERVICES COALITION
EXECUTED in multiple originals this day of , 2001.
CITY OF SACHSE,TEXAS
By:
MAYOR
ATTEST:
By:
CITY SECRETARY
APPROVED AS TO FORM:
By:
CITY ATTORNEY
EXECUTED in multiple originals this day of , 2001.
TOWN OF SAINT PAUL,TEXAS
By:
MAYOR
ATTEST:
By:
TOWN SECRETARY
APPROVED AS TO FORM:
By:
TOWN ATTORNEY
INTERLOCAL COOPERATION AGREEMENT FOR
EMERGENCY MEDICAL SERVICES COALITION
r___ n
EXECUTED in multiple originals this day of , 2001.
CITY OF WYLIE,TEXAS
By:
MAYOR
ATTEST:
By:
CITY SECRETARY
APPROVED AS TO FORM:
By:
CITY ATTORNEY
INTERLOCAL COOPERATION AGREEMENT FOR
EMERGENCY MEDICAL SERVICES COALITION
T�_- A
CONTRACT
FOR
PARAMEDIC AMBULANCE SERVICES
SOUTHEAST COLLIN COUNTY EMS COALITION
CONSISTING OF THE CITIES OF
LAVON, LUCAS, MURPHY, PARKER, SACHSE, ST. PAUL AND WYLIE
EAST TEXAS MEDICAL CENTER d/b/a
EAST TEXAS MEDICAL CENTER EMERGENCY MEDICAL SERVICE
A36\6203\22\198996-5/17/01
TABLE OF CONTENTS
Page
ARTICLE I-DEFINITIONS 1
ARTICLE II-MUTUAL RESPONSIBILITIES AND UNDERSTANDINGS 4
2.01 FRANCHISE MODEL SYSTEM 4
2.02 ALL MICU,FULL-SERVICE SYSTEM 4
2.03 "FIXED-PRICE TERM AGREEMENT FOR REQUIREMENTS" 4
2.04 EQUIPMENT AND FACILITIES 4
2.05 SUBSCRIPTION AMBULANCE MEMBERSHIP 4
2.06 FINANCIAL INCENTIVE PROVISIONS 5
2.07 USE OWN EXPERTISE AND JUDGMENT 7
2.08 EXCLUSIVITY 7
2.09 SELECTION OF PATIENT DESTINATION 7
ARTICLE III-SCOPE AND QUALITY OF SERVICES 9
3.01 AMBULANCE SERVICES TO COALITION 9
3.02 RESPONSE TIME RELIABILITY 9
3.03 CUSTOMER SERVICE AND MEMBERSHIP PROGRAM 10
3.04 DISASTER ASSISTANCE 11
3.05 NO AMBULANCE DEPLOYMENT RESTRICTIONS 11
3.06 GRANDFATHER CLAUSE 11
3.07 SACHSE AMBULANCE AND DEPLOYMENT 11
3.08 WYLIE AMBULANCE AND DEPLOYMENT 11
3.09 DONATED AMBULANCE 12
3.10 USE OF NON-COALITION OR NON-ETMC-EMS AMBULANCE 12
3.11 CLEAN TICKET PROVISION 13
3.12 CLINICAL STANDARDS AND QUALITY IMPROVEMENT 13
ARTICLE IV-CONSIDERATION 14
4.01 AUTHORIZATION OF USER-FEE CHARGES 14
4.02 UNIFORM SCHEDULE OF SUBSIDY PRICE OPTIONS 14
4.03 ANNUAL INFLATION ADJUSTMENTS 14
4.04 ADJUSTMENT FOR EXCESS BILLINGS 14
4.05 EXTRAORDINARY ADJUSTMENTS FOR EXTERNALLY IMPOSED UPGRADES 14
4.06 EXTRAORDINARY ADJUSTMENTS FOR UNUSUAL COST INCREASES 14
4.07 ANNUAL SUBSIDY 15
4.08 ETMC-EMS 16
4.09 COUNTY FUNDS 16
4.10 ADDITIONAL UNITS 16
ARTICLE V-INSURANCE AND INDEMNIFICATION 17
5.01 INSURANCE REQUIREMENTS 17
5.02 INDEMNIFICATION 18
ARTICLE VI-MAJOR DEFAULT AND REPLACEMENT PROVISIONS 19
6.01 MAJOR DEFAULT DEFINED 19
6.02 DECLARATION OF MAJOR DEFAULT AND TRANSFER OF SERVICE 19
6.03 MAJOR DEFAULT 20
6.04 DEFAULT NOT DANGEROUS TO PUBLIC HEALTH AND SAFETY 20
6.05 "LAME DUCK"PROVISIONS 20
6.06 PERFORMANCE PENALTY 20
ARTICLE VII-TERM AND RENEWAL 21
7.01 TERM OF AGREEMENT 21
7.02 RENEWAL TERMS 21
ARTICLE VIII-REPORTS 22
8.01 VERIFICATION OF USER-FEE CHARGES 22
8.02 RESPONSE TIME COMPLIANCE 22
ARTICLE IX-GENERAL PROVISIONS 24
9.01 CHARACTER AND COMPETENCE OF PERSONNEL 24
9.02 PERMITS AND LICENSES 24
9.03 ASSIGNMENT 24
9.04 RIGHTS AND REMEDIES NOT WAIVED 24
9.05 ATTORNEY FEES 24
9.06 NON-DISCRIMINATION 24
9.07 COMPLIANCE WITH LAWS 25
9.08 SEVERABILITY 25
9.09 HEADINGS 25
9.10 CHOICE OF LAW 25
9.11 ENTIRE AGREEMENT 25
9.12 AMENDMENT 25
9.13 NO WAIVER 25
9.14 INCORPORATION OF SCHEDULES 26
9.15 CORRESPONDENCE 26
9.16 INDEPENDENT CONTRACTOR 26
9.17 FORCE MAJEURE 26
9.18 ACCESS TO RECORDS 27
9.19 ENTIRE AGREEMENT;MODIFICATION 27
9.20 CHANGE IN LAW 27
9.21 CONSENTS,APPROVALS AND EXERCISE OF DISCRETION 27
9.22 THIRD PARTIES 28
ii
9.23 PAID IN-SERVICE TRAINING 28
9.24 PARAMEDIC SKILL LEVELS 28
9.25 TERMINATION CONTRACTS 28
9.26 COUNTERPARTS 28
SCHEDULE A EMS ORDINANCE
SCHEDULE B COMMITMENT TO 1ST RESPONDER SUPPORT AND QUALITY
CARE
SCHEDULE C QUALITY IMPROVEMENT PROGRAM
iii
CONTRACT
FOR
PARAMEDIC AMBULANCE SERVICES
This Contract for Paramedic Ambulance Services (hereinafter referred to as "Contract" of
"Agreement") is entered into by and between the Southeast Collin County EMS Coalition,
consisting of the following Texas cities: Parker, Sachse, Wylie, St. Paul, Murphy, Lucas
and Lavon (hereinafter referred to as "Coalition") and East Texas Medical Center d/b/a East
Texas Medical Center Emergency Medical Service, a Texas not-for-profit corporation
(hereinafter referred to as "ETMC-EMS"). Coalition and ETMC-EMS are collectively referred
to as the "Parties."
NOW, THEREFORE, for and in consideration of the premises and agreements herein
contained and other good and valuable consideration, including the award of exclusive market
rights, the receipt and adequacy of which are hereby forever acknowledged and confessed, the
Parties agree as follows.
ARTICLE I
DEFINITIONS
The following definitions shall apply to terms as used throughout this Agreement:
Agreement means this Contract.
Ambulance Patient means any person being transported to or from a health care facility
in a reclining position from any point within the"Regulated Service Area."
Ambulance Service Contract means an agreement between ETMC-EMS and any local
governing unit incorporating clinical standards and financial provisions consistent with
those set forth in this Agreement.
Ambulance Service Contractor means East Texas Medical Center Emergency Medical
Service (ETMC-EMS).
ANI/ALI means Automatic Number Identifier/Automatic Location Identifier and is one
of the enhancement features of 911 system that aids in identification of incoming calls.
CAD means Computer Assisted Dispatch including but not limited to primary dispatch
data entry and automated time-stamping, 911 data interface, demand pattern analysis,
system status management, automated patient locator aids, response time reporting and
documentation, and (when installed) automated vehicle tracking.
Contract Service Area means the geographic area encompassing the Regulated Service
Area plus unincorporated areas of Collin County and such other counties as may choose
to contract with ETMC-EMS pursuant to a contract incorporating clinical standards and
financial provisions consistent with those contained in this Contract.
A36\6203\22\198996-5/17/01 1
CPR and 1st Response Support Program Fund means that certain bank account
established by ETMC-EMS pursuant to this Contract, into which account late-run penalty
payments are deposited on a monthly basis as provided for herein. Expenditures of such
funds shall be limited to funding direct, out-of-pocket costs of citizen Cardiopulmonary
Resuscitation and rotated training and 1st Response support program costs. None of these
funds shall be used to fund wages or salaries of personnel employed by ETMC-EMS, or
to fund ETMC-EMS's administrative or overhead costs.
EMS System means that network of individuals, organizations, facilities and equipment,
including but not limited to ETMC-EMS, whose participation is required to generate a
clinically- appropriate,pre-planned system-wide response to each request for pre-hospital
care and/or interfacility transport, so as to provide each patient the best possible chance
of survival without disability and given available financial resources.
Extraordinary Adjustment is an adjustment justified on the basis of either: (1) an
increase in the System Standard of Care whose cost of implementation and on-going
compliance exceeds the then-remaining balance of the "Upgrade Reserve"; or, (2) an
unusual increase in the cost of a factor of production when such increase in cost is
industry wide and the result of causes beyond ETMC-EMS' reasonable control.
1st Response, 1st Responder, 1st Response Organization refers to that service and
those units (e.g., fire department 1st responders) which provide initial stabilization and
trained assistance on-scene and, when required, en route to medical facilities, as well as
certain extrication and rescue services. In accordance with Priority Dispatch Protocols, a
1st Response unit is routinely sent to all presumptively-classified life-threatening calls
within the ETMC-EMS service area.
Contract (aka Contract for Ambulance Services; aka the "Agreement"; aka the
"Contract") is this Contract document labeled Contract For Paramedic Ambulance
Services and is an agreement between the Coalition and East Texas Medical Center
Emergency Medical Service.
Medical Control Board means that board of physicians established and empowered by
the Uniform EMS Ordinance to update from time-to-time the System Standard of Care,
and to monitor compliance with that System Standard of Care.
Medical Director means that Medical Director which shall be an emergency physician,
expert in the pre-hospital practice of Emergency Medicine, appointed by ETMC-EMS.
Member Jurisdiction means the individual Coalition member's corporate limits.
MICU means Mobile Intensive Care Unit as defined in the Texas Health and Safety
Code.
A36\6203\22\198996-5/17/01 2
Mutual Aid means the paramedic ambulance service provided within the Contract
Service Area by neighboring providers other than ETMC-EMS at the request of ETMC-
EMS, pursuant to an agreement governing the exchange of service assistance when
requested. Such a unit shall be judged by ETMC-EMS to have acceptably trained
personnel and equipment, and approved by the Medical Control Board.
PSAP means Public Service Answering Point and is an auxiliary service in the 911
system.
Regulated Service Area means the combined corporate limits of all Member
Jurisdictions that adopt the Uniform EMS Ordinance.
Response Area of the Southeast Collin County EMS Coalition means the corporate
limits of the Member Jurisdictions of the Southeast Collin County EMS Coalition.
Southeast Collin County EMS Coalition means an interlocal cooperative group
consisting of the participating city governments of Lavon, Lucas, Murphy, Parker, Sachse
St. Paul and Wylie, currently representing a combined population of approximately
33,464 residents.
Subscription Ambulance Membership Plan means an optional plan by which citizens
in the Member Jurisdictions can contract with ETMC-EMS for prepaid, medically
necessary, ambulance transport services.
System Standard of Care means the combined compilation of all priority-dispatching
protocols, pre-arrival instruction protocols (i.e., ambulances), protocols for selecting
destination hospital, standards for certification of pre-hospital care personnel (i.e.,
telephone call-takers, ambulance personnel and on-line medical control physicians), as
well as standards governing requirements for on-board medical equipment and supplies,
and licensure of ambulance services established by the Uniform EMS Ordinance. The
System Standard of Care shall simultaneously serve as both a regulatory and contractual
standard.
Uniform EMS Ordinance means that Ordinance set forth in Schedule A.
(BALANCE OF PAGE INTENTIONALLY LEFT BLANK)
A36\6203\22\198996-5/17/01 3
ARTICLE II
MUTUAL RESPONSIBILITIES AND UNDERSTANDINGS
2.01 FRANCHISE MODEL SYSTEM
a. ETMC-EMS shall provide services under this Contract through a franchise model
system and shall furnish its own facilities, vehicles, on-board equipment, radio
systems and computer-aided dispatch hardware and software as provided in this
Contract. Except as otherwise set forth herein, ETMC-EMS shall serve as the
retail provider of 911 ambulance services, routine transport services and related
ambulance services, financed primarily or exclusively on a fee-for-service basis,
with or without subsidy according to the agreement of each member jurisdiction
and participating jurisdiction.
b. ETMC-EMS may charge user fees for services rendered under this contract that
are consistent with the provisions of this Contract.
c. Except for subsidies paid to ETMC-EMS under the Subsidy/Price Agreement
with each jurisdiction, ETMC-EMS shall look for compensation for its services
under this Contract solely through the following sources:
(i) Third party payors;
(ii) Persons or entities who use ambulance services or other persons
responsible for such ambulance services; and
(iii) Contract purchasers of ambulance services.
2.02 ALL MICU, FULL-SERVICE SYSTEM. All ambulances rendering services pursuant
to this Contract shall be an MICU and shall be staffed and equipped to render paramedic-
level care.
2.03 "FIXED-PRICE TERM AGREEMENT FOR REQUIREMENTS." This Contract is
a"fixed-price term agreement for requirements," with provisions for inflation adjustment
and adjustment for externally-imposed upgrades to the System Standard of Care. At such
time that ETMC-EMS assumes full responsibility for dispatch, the Coalition guarantees
that every medical request including but not limited to 911 cases originating within the
Member Jurisdictions, except 911 calls originating from an area within the County which
has contracted for 911 ambulance services with a provider other than ETMC-EMS, shall
be transferred to ETMC-EMS (along with ANI/ALI data as available) for telephone
interrogation, pre-arrival instructions (if appropriate) and the dispatch and delivery of
ambulance service.
2.04 EQUIPMENT AND FACILITIES. All equipment, facilities and medical supplies
acquired or supplied for the performance of the work that is the subject of this Contract
shall be furnished by ETMC-EMS at ETMC-EMS's own expense.
2.05 SUBSCRIPTION AMBULANCE MEMBERSHIP PLAN.
a. Basic Objects of Program. ETMC-EMS shall offer for sale to residents of all
member jurisdictions and participating jurisdictions under this Contract, a
A36\6203\22\198996-5/17/01 4
subscription ambulance membership plan which fee for the first year of coverage
under the plan will not exceed forty-eight ($48) dollars per household. The fee
for the subscription ambulance membership plan is subject to an annual inflation
adjustment equal to 100% of the percentage increase in the CPI over the most
recent 12-month period for which published figures are then available as
approved by the Board of Directors of ETMC-EMS. Additionally, ETMC-EMS
may offer discounts for renewal of subscription ambulance membership plans.
b. Legal Obligations. The subscription ambulance membership plan offered to
residents of the member jurisdictions and participating jurisdictions under this
Contract shall comply with federal and state law relating to subscription
ambulance membership programs.
c. Medicaid Recipients. Persons whose medical expenses are covered under
Medicaid are not eligible to participate under the subscription ambulance
membership plan.
d. Additional Benefits. ETMC-EMS may, at its option, offer to persons who
purchase subscription ambulance membership plans under this subsection,
additional benefits.
e. Periodic Membership Drives. ETMC-EMS shall hold an open enrollment
period during each calendar year for the subscription ambulance membership
program and residents in the member jurisdictions and participating jurisdictions
shall be entitled to apply for participation in the subscription ambulance
membership program during that period.
f. Beneficial Extension of Service. Each person requiring or requesting ambulance
service shall receive the quality of care and transportation required under the
System Standard of Care, without regard to membership status in the subscription
ambulance membership program.
g. Financial Assistance for Plan Purchase. A member jurisdiction or participating
jurisdiction may purchase or may assist its residents in purchasing and paying for
subscription ambulance membership plans in accordance with a written
agreement between the member jurisdiction or participating jurisdiction and
ETMC-EMS.
2.06 FINANCIAL INCENTIVE PROVISIONS. The following incentives for achieving
response time reliability above the minimum requirements set forth in Section 3.02 shall
apply:
a. CPR and 1st Response Support Program Fund. ETMC-EMS shall establish a
CPR and 1st Response Support Program Fund. Expenditures from the fund will
be used as set forth in Schedule B. ETMC-EMS shall develop and periodically
update a CPR and 1st Response Support Program plan, a current copy of which
shall be submitted to the Coalition as a matter of public record. Furthermore,
ETMC-EMS shall submit to the Coalition on a quarterly basis a detailed
accounting of deposits to and expenditures from the CPR and 1st Response
A36\6203\22\198996-5/17/O1 5
Support Program Fund. In this regard, the Coalition shall have reasonable access
to ETMC-EMS's records as necessary to verify that deposits to the CPR and 1st
Response Support Program Fund are kept current at all times, and that
expenditures from the CPR and 1st Response Support Program Fund are in
accordance with requirements of this Paragraph.
b. Late-Run Penalties. For each whole minute an ambulance response time extends
beyond the applicable time-frame specified in Section 3.02 hereof, ETMC-EMS
shall pay into the CPR and 1st Response Support Program Fund late-run penalty
fees in the amounts shown below to be calculated for each transport,not to exceed
$150 per incident.
Presumptively-Classified Life-Threatening Calls $10/min.
Presumptively-Classified Non Life-Threatening Calls $ 5/min.
Presumptively-Classified Routine Transports $ 2/min.
Scheduled Routine Transports .. $ 2/min.
Representatives of the Medical Control Board shall periodically verify (by
sampling technique) the accuracy of ETMC-EMS's response time reporting.
ETMC-EMS's requests for application of exemptions to response time
requirements and late-run penalties shall be subject to review and approval by the
Medical Control Board or a designated standing committee appointed for that
purpose.
c. Exemptions. No requests for ambulance service shall be exempt from response
time compliance and calculations or from late-run penalties, except as follows:
(i) Requests not resulting in a patient transport;
(ii) Requests during a period of unusually severe weather conditions, such that
response time compliance is either impossible or could be achieved only at
a greater risk to the public than would result from delayed response;
(iii) Late runs resulting as a consequence of inaccurate or incomplete
information obtained by 911 control center personnel during telephone
interrogation of a caller;
(iv) Late runs resulting from errors in a 911 control center conveyance of
information to the ETMC-EMS control center, either orally or by way of
data transmission, provided, however, that this exemption shall not be
applicable to any late run in which the caller was directly interrogated by
ETMC-EMS's control center personnel and the caller gave accurate and
complete information;
(v) Requests during a declared disaster, locally or in a neighboring non-
participating jurisdiction, in which ETMC-EMS is rendering assistance.
During such periods, ETMC-EMS shall use best-efforts to simultaneously
maintain coverage within Member Jurisdictions as well as provide disaster
assistance;
A36\6203\22\198996-5/17/01 6
(vi) In cases where multiple paramedic-capable units are dispatched to a single
incident, the first-arriving paramedic unit shall "stop the clock", and
response times of later-arriving units shall be excluded from response time
statistics and late-run penalties; or
(vii) During periods of unusual system overload, which shall mean that at least
two (2) emergency responses are occurring simultaneously within the
service area, responses in excess of the first emergency request shall not be
included in response time calculations or be subject to late-run deductions.
No other causes of late response (e.g., equipment failure, vehicular accident
regardless of origin, or other causes within ETMC-EMS's reasonable control)
shall serve to justify exemption from response time requirements; and
2.07 USE OWN EXPERTISE AND JUDGMENT. ETMC-EMS is specifically advised to
use its own best judgment in deciding upon the methods to be employed to achieve and
maintain the levels of performance required hereunder. Such "methods" include
compensation programs, shift schedules, personnel policies, supervisory structures,
vehicle deployment techniques, and other internal matters which, taken together,
comprise ETMC-EMS's own strategies and tactics for performing its obligations under
this Agreement.
2.08 EXCLUSIVITY. ETMC-EMS is awarded exclusive rights and responsibilities for
provision of all emergency and non-emergency ambulance services, including special
events coverage, originating within the Member Jurisdictions, regardless of the manner in
which the request for service is conveyed. Notwithstanding the foregoing, in the event
that the Required MICU (as defined in Section 3.01) is on a transfer or otherwise
unavailable, ETMC-EMS may use another EMS service provider for non-emergency
transfers to and from the Member Jurisdictions, if ETMC-EMS is unable to perform the
service due to unavailability or due to exceeding the number of transports as set forth in
the next sentence. ETMC-EMS shall have the option to transport non-emergency
transports to and from the Member Jurisdictions but will limit the number of such
transports that ETMC-EMS's Required MICU will transport to no more than five (5) per
month. Such non-emergency transports by the Required MICU will only be transported
when other Coalition Members' ambulances are available.
All emergency and non-emergency calls and requests for ambulance services originating
within the Member Jurisdictions will be dispatched through or to ETMC-EMS' dispatch
center.
2.09 SELECTION OF PATIENT DESTINATION. Medical Protocols approved by the
Medical Control Board shall establish protocols for selection of the destination hospital,
which protocols shall be strictly followed by paramedic personnel and on-line medical
control physicians, except when a departure from protocol is justified on the basis of
special considerations of patient care or practical barriers to implementation (e.g.,
blocked roads, hospital divert status, etc.). This Contract is entered into by both parties
pursuant to a mutual assumption that transport protocols approved by the Medical
A36\6203\22\198996-5/17/01 7
Control Board shall strictly adhere to the following priorities of consideration, and shall
recognize these priorities in the sequence presented:
a. First Consideration: patient care and safety;
b. Second Consideration: patient/family choice; and
c. Third Consideration: fairness in distribution of patients among hospitals. In
this regard, the following rules shall apply:
(i) Non-Emergencies. All "non-emergency patients" (as defined by patient-
assessment protocols approved by the Medical Control Board) shall be
transported to the destination selected by the patient, the patient's family,
or the patient's personal physician, without exception.
(ii) Non Life-Threatening Emergencies. Patients experiencing a "non life-
threatening emergency" (as defined by patient-assessment protocols
approved by the Medical Control Board) shall be transported to the facility
of choice designated by the patient, the patient's family, or the patient's
personal physician, or if no such preference is stated, to the nearest
hospital approved by the Medical Control Board for receipt of patients
experiencing non-life-threatening emergencies.
(iii) Life-Threatening Emergencies. Patients experiencing life-threatening
emergencies (as defined by patient-assessment protocols approved by the
Medical Control Board) shall, in accordance with transport protocols
approved by the Medical Control Board, be delivered to the "nearest
appropriate facility", taking into consideration the patient's condition and
location, the patient's medical requirements and the respective capabilities
of hospitals within and, for some types of patients, outside the "Contract
Service Area." Such transport protocols shall not be inconsistent with
then-currently-approved trauma system protocols (when available).
(iv) Enforcement. Inappropriate and unjustified deviations from these
patient-destination protocols by a paramedic without direct authorization
by a Base Station Physician or inappropriate and unjustified instructions
regarding such deviation by a Base Station Physician shall be subject to
sanction by the Medical Control Board provided such sanctions are
applied in accordance with due process procedures approved by the
Coalition's attorney. Such sanctions may include reprimand, suspension
of certification, or revocation of certification, depending upon frequency
and severity of error.
(BALANCE OF PAGE INTENTIONALLY LEFT BLANK)
A36\6203\22\198996-5/17/01 8
ARTICLE III
SCOPE AND QUALITY OF SERVICES
3.01 AMBULANCE SERVICES TO COALITION. ETMC-EMS shall provide emergency
and non-emergency ambulance service to the entire Response Area of the Coalition, and
shall provide staff and MICUs as set forth in this Contract, including but not limited to at
least one fully staffed MICU dedicated solely for response to the entire Response Area of
the Coalition (the "Required MICU"). ETMC-EMS shall only use the Required MICU
for non-emergency transfers to and from the Coalition.
Baylor Garland North Central Medical
Baylor Richardson Presbyterian Allen
Columbia Medical Center Plano Presbyterian Plano
Garland Community Sunbridge NH Wylie
Lake Pointe Medical Center Medical Center Plano
In the event that no ambulance provided for in this Contract is available for service, or
additional ambulances are needed, each member of the Coalition will be required to rely
upon mutual aid plans for their city.
3.02 RESPONSE TIME RELIABILITY. ETMC-EMS will maintain a response time on all
transports ETMC-EMS provides under this Agreement as set forth below:
Within the Response Area of the Southeast Collin County EMS Coalition:
a. Life-Threatening Emergency Calls will have a response time 90% or better of 8
minutes and 59 seconds.
b. Non Life-Threatening Emergency Calls will have a response time 90% or better
of 12 minutes and 59 seconds.
These commitments shall be calculated on a per one-hundred transport basis, and shall be
calculated annually at the end of ETMC-EMS fiscal year. The response time
commitments set forth above shall constitute contractually binding performance
requirements under this Contract. In this regard, the following definitions and protocols
shall be employed for purposes of response time measurement, compliance reporting, and
late run penalty assessment-.
a. Definition. Response time is herein defined as the elapsed time between the
moment a request for ambulance service is received at ETMC-EMS's ambulance
control center (i.e., the moment callback number and location are acquired, either
by voice or by ANI/ALI 911 data transmission and confirmed) and the moment a
first-arriving, fully-equipped and staffed ETMC-EMS paramedic ambulance,
paramedic-level Mutual Aid unit, paramedic-level 1st Response team, or
advanced life support capable medical helicopter arrives at the scene; provided
that in order to "stop the clock" such first-arriving unit shall be operated by
ETMC-EMS or by a Mutual Aid unit or 1st Response Organization approved by
the Medical Control Board and operating under subcontract to ETMC-EMS. For
A36\6203\22\198996-5/17/01 9
scheduled patient transfers, "time call received" shall be the agreed-upon
appointment time of patient pickup.
b. Use of Mutual Aid Providers. Subject to a finding by the Medical Control
Board that the clinical quality of care provided by a proposed MICU staffed
Mutual Aid provider, helicopter ambulance service, or 1st Response organization
participating in ETMC-EMS's 1st Response Support Program and operating at the
paramedic level, is deemed substantially equivalent to the quality of care required
under this Contract, such paramedic units operated by Mutual Aid providers, 1st
Response organization, and helicopter ambulance services responding at ETMC-
EMS's request to locations within the Contract Service Area shall be deemed to
"stop the clock"on behalf of ETMC-EMS.
c. Method of Measurement. Response time standards shall be established and
response time performance shall be measured in terms of"fractile distributions"--
not average response time measurements.
d. Call Classification. For purposes of response time measurement, the applicable
standard shall be based on each request's presumptive run code classification (i.e.,
life-threatening emergency, non life-threatening emergency, unscheduled routine
transport and scheduled routine transport) as established at the time the call is
dispatched by a person trained in the use of and correctly employing Medical
Priority Dispatch Protocols proposed by the Medical Director and approved by
the Medical Control Board. (Retrospective classification of priority code shall not
affect measurement of response time compliance.)
e. En route Upgrades and Downgrades. If a presumptive run code classification
is upgraded to a higher priority while the ambulance is en route (as a result of
information provided by a physician or law enforcement officer at the scene), the
applicable run code designation shall be the upgrade priority and response time
shall be measured from the moment of upgrade. If a presumptive run code
classification is downgraded to a lower priority while the ambulance is en route
(as a result of information provided by a physician), the applicable run code
designation shall be the downgraded priority and response time shall be measured
from the original time of call receipt.
f. 911 Interface Requirements. Upon ETMC-EMS assuming full responsibility
for dispatch, ETMC-EMS shall be free to employ, at its own expense, such CAD
hardware and software and 911 system interface arrangements as ETMC-EMS
deems most conducive to efficient operation and response time reliability. The
Coalition shall cooperate fully with ETMC-EMS's reasonable requests to
establish telephone call-transfer linkages and, where appropriate, 911 computer
system interface arrangements (e.g., with ETMC-EMS functioning as a secondary
PSAP), as requested by ETMC-EMS. 911 personnel shall transfer medical calls
and callers to the ETMC-EMS Control Center as per protocols approved by the
Medical Control Board.
3.03 CUSTOMER SERVICE AND MEMBERSHIP PROGRAM. Except for changes
adopted by the Board of Directors of ETMC-EMS, ETMC-EMS shall comply with
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customer-service and accounts receivable management practices as provided in this
Contract.
3.04 DISASTER ASSISTANCE. During a declared disaster, locally or in a neighboring
jurisdiction, the normal course of business under this Contract shall be interrupted from
the moment the disaster occurs. Immediately upon such notification, ETMC-EMS shall
commit such resources as are necessary and appropriate, given the nature of the disaster,
and shall assist in accordance with disaster plans and protocols applicable in the locality
where the disaster occurred. The disaster-related provisions of this Contract are:
a. During such periods, ETMC-EMS shall be released from response time
performance requirements, including late run penalties, until notified by the
Coalition that disaster assistance may be terminated. At the scene of such
disasters, ETMC-EMS personnel shall perform in accordance with local disaster
protocols established by that community.
b. When disaster assistance has been terminated, ETMC-EMS shall resume normal
operations as rapidly as is practical considering exhaustion of personnel, need for
restocking and other relevant considerations.
c. During the course of the disaster, ETMC-EMS shall use best efforts to provide
emergency coverage throughout the "Contract Service Area" and shall suspend
non-emergency transport work as necessary, informing persons requesting such
non-emergency service of the reason for the temporary suspension.
3.05 NO AMBULANCE DEPLOYMENT RESTRICTIONS. Every member jurisdiction
and participating jurisdiction shall have access to the resources of the EMS System, as
dictated by fluctuations in consumer demand for service, weather conditions and disaster
events. To ensure such flexibility in responding to shifting needs, ETMC-EMS will
refrain from contractually committing any of its ambulances to the exclusive benefit of
any jurisdiction.
3.06 GRANDFATHER CLAUSE. Nothing in this Contract shall be construed as preventing
ETMC-EMS from honoring and fulfilling contractual commitments in effect as of the
commencement date of this Contract, even if provisions of such contracts are in conflict
with provisions set forth immediately above, provided, however, that no such existing
contract containing provisions in conflict with the provisions of this Contract shall be
extended or renewed unless amended to remove the conflicting provisions.
3.07 SACHSE AMBULANCE AND DEPLOYMENT. In addition to the required ETMC-
EMS ambulance for the Response Area, the City of Sachse will staff an ambulance (with
MICU capabilities) donated by ETMC-EMS to provide primary ambulance service and
response for the City of Sachse ("Sachse Ambulance"). When the Sachse Ambulance is
deployed and/or unavailable to the City of Sachse, the first back-up ambulance will be
requested through ETMC-EMS which will be ETMC-EMS Required MICU when
available. The next back-up ambulance shall be within the Coalition when available.
3.08 WYLIE AMBULANCE AND DEPLOYMENT. The City of Wylie is currently
staffing an ambulance (with MICU capabilities) donated by ETMC-EMS ("Wylie
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Ambulance") and will continue to do so. Such Wylie Ambulance shall be used to
provide back-up ambulance service to the Coalition. ETMC-EMS shall pay a one
hundred ($100.00) dollar stipend, per transport, to the Coalition member city (but
specifically excluding the City of Sachse, unless the City of Sachse unit is backing up
either ETMC-EMS Required MICU or the Wylie Ambulance and such transport is
initiated from outside the City of Sachse's corporate limits) who provided the transport
but only when ETMC-EMS calls for back-up in the event ETMC-EMS's unit is out of
service, subject to Section 3.11, below.
3.09 DONATED AMBULANCES. With regard to both the Sachse and Wylie Ambulances
(collectively, the "Donated Ambulances"), as set forth in Sections 3.07 and 3.08 above:
a. Sachse and Wylie shall retain ownership of the Donated Ambulances, with
ownership surviving this Contract.
b. ETMC-EMS shall provide reimbursement for professional liability insurance at a
combined cost not to exceed a total of$1,500 per year and normal and customary
equipment necessary for the operation of such Donated Ambulances.
c. ETMC-EMS shall provide all EMS supplies for the operation of the Donated
Ambulances (as described in 3.07 and 3.08, above).
d. Selected cities of the Coalition will staff and operate the Donated Ambulances.
e. The Coalition operating the Donated Ambulances shall provide for automobile
liability insurance coverage.
f. ETMC-EMS shall be responsible for any maintenance or repair to the drive train
of the Donated Ambulances, unless such repairs are showing to be caused by the
unreasonable neglect and/or abuse of the Donated Ambulances by the Member
Jurisdictions.
g. ETMC-EMS shall provide the Coalition with another ambulance unit during any
time that the Donated Ambulances are out of service. ETMC-EMS will provide
such replacement ambulance for a period of up to ten (10) days, but no longer.
After ten (10) days, ETMC-EMS will negotiate a mutually acceptable short term
lease for such replacement ambulance with lease payments not to exceed ten
dollars ($10)per month.
h. If the Coalition requests additional resources from ETMC-EMS, the Parties agree
to renegotiate in good faith the annual total subsidy to be paid ETMC-EMS in
order to provide sufficient resources for the services described in such Contract.
If the Parties are unable to reach such a mutual agreement, the current provisions
shall remain in effect.
3.10 USE OF NON-COALITION OR NON-ETMC-EMS AMBULANCES. In the event a
Coalition Member utilizes an ambulance of an entity that is not a Coalition Member nor
an ETMC-EMS unit, and a Coalition ambulance or an ETMC-EMS ambulance was
A36\6203\22\198996-5/17/01 12
available, then such Coalition Member shall reimburse ETMC-EMS for ETMC-EMS's
loss of revenue for such trip, excluding transfer.
3.11 CLEAN TICKET PROVISION. The One Hundred ($100) Dollar stipend as set forth
in 3.08(b) above, is expressly conditioned upon the Coalition Members fully and
accurately completing the trip ticket and related paper work in accordance with the
policies and procedures that ETMC-EMS requires of its own personnel in the completion
of such trip ticket ("Clean Ticket"). ETMC-EMS will provide adequate
training/education to personnel filling out trip tickets.
3.12 CLINICAL STANDARDS AND QUALITY IMPROVEMENT. The initial standards
of clinical quality, as well as the clinical upgrade schedules to occur on or before listed
deadlines throughout the term of this Contract shall constitute contractually binding
performance requirements under this Agreement.
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A36\6203\22\198996-5/17/01 13
ARTICLE IV
CONSIDERATION
Consideration for this Contract is an award of exclusive market rights subject to exemptions set
forth in Schedule A to this Contract for the term of the Contract.
4.01 AUTHORIZATION OF USER-FEE CHARGES. ETMC-EMS shall charge user fees
for services originating within each Coalition Member Jurisdiction. Each Coalition
Member may assist its residents in purchasing and paying for membership rights by
incorporating voluntary provisions for billing and payment in conjunction with residential
water bills.
4.02 USER-FEE AUTHORIZATION. ETMC-EMS is hereby authorized to charge for
ground ambulance services user-fees as follows:
The maximum total average of all bills generated for ambulance service originating with
the Coalition(exclusive of mileage charges), shall not exceed$643.54.
4.03 ANNUAL INFLATION ADJUSTMENTS. The Coalition shall annually permit
adjustment of the ETMC-EMS Maximum Total Average Bill (as discussed in 4.02), the
first such adjustment being authorized on October 31, 2001. Any increase made to the
Maximum Total Average Bill in such adjustment shall not exceed the percentage change
in the Consumer Price Index on a nationwide basis over the most recent twelve (12)
month period for which published figures are available. ETMC-EMS has the discretion
to accept all or a portion of the maximum allowable inflation adjustment and may apply
those amounts in the manner determined by ETMC-EMS provided that such adjustment
does not exceed the maximum allowable adjustment under this Contract.
4.04 ADJUSTMENT FOR EXCESS BILLINGS. In the event ETMC-EMS's actual total
average bill (exclusive of mileage charges) for services rendered in a Member
Jurisdiction or Participating Jurisdiction during the preceding contract period is found to
be inadvertently in excess of the level permitted by the then-applicable "Subsidy/Price
Agreement", the Coalition shall delay the effective date of the inflation adjustment
increase in that jurisdiction by a number of days sufficient to fully offset the amount of
overpayment, as proposed by the Coalition and approved by the Board of Directors of the
Coalition.
4.05 EXTRAORDINARY ADJUSTMENTS FOR EXTERNALLY IMPOSED
UPGRADES. ETMC-EMS may periodically apply for extraordinary rate adjustments to
offset the actual and reasonable marginal costs of implementing and maintaining clinical
upgrades required by the Medical Control Board and approved by the Coalition.
Adjustment shall be subject to optional review and confirmation or denial by the
Coalition.
4.06 EXTRAORDINARY ADJUSTMENTS FOR UNUSUAL COST INCREASES. As
may be justified by circumstances beyond ETMC-EMS's reasonable control (e.g.,
industry wide insurance cost increases of major magnitude, restoration of OPEC's pricing
powers, etc.), ETMC-EMS shall be eligible for temporary but renewable (as justified and
approved by the Coalition) "extraordinary rate adjustments" when the governing body of
A36\6203\22\198996-5/17/01 14
the Coalition finds that the cause of such extraordinary increase in the cost of one or more
factors of production necessary to produce quality pre-hospital care is due to an unusually
large, rapid increase in the cost to ETMC-EMS of that factor of production, in which this
increase is industry wide, not the result of poor purchasing practices and not the result of
increased consumption of the factor of production. Provided, however, all such
approvals of Extraordinary Adjustment shall be subject to optional review and
confirmation or denial by the Coalition.
4.07 ANNUAL SUBSIDY. The Coalition agrees to pay ETMC-EMS an annual subsidy for
services described herein,the total of such subsidies for Years 1 —3 being as follows:
Year 1 69,585.00
Year 2 75,516.00
Year 3 86,604.00
Such subsidy payments shall be made on a quarterly basis with twenty-five (25%)
percent of the annual subsidy being due at the beginning of each quarter. As such, the
quarterly payments are due on October 1, January 1, April 1, and July 1 of each contract
year. Any payments which are due and owing as of the execution of this Agreement shall
be paid within thirty (30) days of the execution by ETMC-EMS of this Agreement.
The share of the subsidies to be paid by each Coalition member shall be as agreed to by
the Coalition.
In the event the Initial Term of this Agreement is continued into one or more renewal
terms, the Parties agree to negotiate in good faith relative to subsidy amounts for the
renewal term(s), if any. If the Parties cannot mutually agree on such subsidy amounts for
any renewal term, ETMC-EMS may terminate this Agreement upon sixty (60) days prior
written notice,without penalty.
The amounts set forth above represent the amounts due ETMC-EMS assuming the
Coalition members remain the same as of the effective date of the Contract. The
Coalition further agrees to reimburse ETMC-EMS for any ETMC-EMS loss in revenue
due to any current Coalition member no longer participating in this Agreement. EACH
COALITION MEMBER WHO WITHDRAWS FROM THE COALITION,
CEASES TO PARTICIPATE OR CONTRACTS WITH ANOTHER EMS
PROVIDER, AGREES TO MAKE ETMC-EMS WHOLE FOR SUCH LOSS OF
REVENUE FOR THE DURATION OF THE CONTRACT (WHICH INCLUDES
SUBSIDY AND PATIENT TRANSPORT REVENUE RELATED TO SUCH
COALITION MEMBER) TO ETMC-EMS. Such Coalition member agrees that its
termination or withdrawal from the Coalition irreparably harms ETMC-EMS and
knowingly and specifically agrees that its agreement to make ETMC-EMS whole as the
result of such termination or withdrawal is an essential provision in this Agreement. The
Coalition agrees to the maximum extent permitted by law to hold harmless ETMC-EMS
from such loss of revenue and loss of subsidy. In the event such Coalition member
refuses to reimburse ETMC-EMS for such loss of revenue or loss of subsidy, ETMC-
EMS shall have all rights allowed by law to pursue money damages, including its
attorneys' fees in seeking to collect such loss of revenue and subsidy from the Coalition
Member. Additionally, the failure to pay such monies to ETMC-EMS is a material
A36\6203\22\198996-5/17/01 15
breach of this Agreement and notwithstanding any other provisions to the contrary,
ETMC-EMS may terminate this Agreement upon sixty (60) days prior written notice,
without penalty.
4.08 ETMC-EMS shall have the exclusive right to bill and collect any third party payor or
individual for services rendered by ETMC-EMS, and for any transports rendered by the
Coalition.
4.09 COUNTY FUNDS. Any funds received from Collin County shall be in addition to the
amounts received by ETMC-EMS as set forth in Section 4.07, above.
4.10 ADDITIONAL UNITS. The Parties acknowledge that the Member Jurisdictions are
growing rapidly and the need for future EMS services may arise in the future. ETMC-
EMS will periodically evaluate the services rendered and determine ETMC-EMS's
capability and performance. As the result of such evaluation, ETMC-EMS may consider
such information in evaluating the need to donate additional units or other alternatives to
the Coalition as sound business practices would dictate, and as the Parties mutually agree.
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A36\6203\22\198996-5/17/01 16
ARTICLE V
INSURANCE AND INDEMNIFICATION
5.01 INSURANCE REQUIREMENTS. At all times during the term of this Contract and
throughout any extension periods thereof, ETMC-EMS shall obtain and pay all premiums
for ETMC-EMS's owned and operated ambulances. For liability arising solely from the
actions or inactions of ETMC-EMS or ETMC-EMS's personnel, all such policies shall
name the Coalition and the Medical Control Board as "additional insureds". ETMC-
EMS shall furnish the Coalition with an Accord Certificate of Insurance indicating that
the types and amounts of insurance required hereunder are in full force and effect and
that the insurance carrier shall give the Coalition thirty (30) days' written advance notice
of any cancellation, change, termination, failure to renew or renewal, or any change in
coverage of any such policy or policies reflected on said certificate. Nothing in this
Article V shall be deemed to prohibit the use of a program of insurance being "self-
insurance" as that term is normally used as being a formally organized system of
covering risks or to be a limitation upon the insured as to the deduction it may cause to be
provided in connection with any of its respective insurance policies. ETMC-EMS's
Insurance coverage shall meet the following minimum requirements:
a. WORKER'S COMPENSATION. Worker's Compensation Insurance as
permitted by the laws of the State of Texas.
b. COMMERCIAL GENERAL LIABILITY. Commercial general liability
insurance in an amount not less than one million dollars ($1,000,000) per
occurrence combined single limits (CSL) for all claims resulting from bodily
injury (including death) and/or property damage arising out of the operations of
the ambulance service authorized hereunder.
c. AUTOMOBILE LIABILITY. The following coverage is required:
(i) Uninsured Motorist. Uninsured/underinsured motorist coverage,
covering all automobiles and including all owned,hired, or leased vehicles
in an amount equal to or greater than the minimum liability limits required
by law.
(ii) Employer's Non-owned Auto Coverage. Employer's non-owned
liability in an amount equal to the liability limits set forth in Subsection b.,
immediately above.
d. AMBULANCE LIABILITY. A policy covering the liability created by
ambulance operation to a limit called for in Subsection b. hereof. It is further
understood that, due to the nature of this risk, it is presently necessary to obtain
this coverage through the Assigned Risk Pool and that policy form must be
accepted as offered.
e. MALPRACTICE. Malpractice insurance in an amount not less than one million
dollars($1,000,000) for each claim.
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f. EXCESS LIABILITY INSURANCE UMBRELLA. Excess liability insurance
umbrella policy providing two million dollars ($2,000,000) coverage per
occurrence and four million dollars ($4,000,000) annual aggregate coverage in
excess of all other liability policies prescribed herein.
g. SUBMISSION OF POLICIES. Said insurance policies required hereunder may
be submitted to the Coalition. Satisfactory evidence that such insurance is at all
times in full force and effect shall be furnished to the Coalition.
h. EFFECT OF CANCELLATION OR TERMINATION. The cancellation or
other termination of any policy of insurance required hereunder shall give the
Coalition the right to revoke and terminate this Contract for ambulance service
granted hereunder, unless another insurance policy complying with the provisions
of this section shall be provided and be in full force and effect at the time of such
cancellation or other termination.
i. "OCCURRENCE" FORM REQUIRED. All coverage furnished hereunder
shall be written on an "occurrence" basis, not a "claims made" basis, provided,
however, a combination of "claims made" coverage and "extended reporting
endorsement" ("tail coverage") for an indefinite period following expiration of
this Contract shall be considered equivalent to "occurrence" coverage.
Furthermore, nothing in this provision shall be construed as prohibiting partial
self-funding of defined aspects of coverage, provided self-funding financial
arrangements and risk-management aspects are approved by the Coalition, which
approval shall not be unreasonably withheld.
5.02 INDEMNIFICATION. ETMC-EMS covenants and agrees that it will indemnify and
hold harmless the Coalition, and each Member Jurisdiction and their officers and
employees, from any claim, loss, damage, cost, charge or expense arising out of any act,
action, neglect or omission by ETMC-EMS during the performance of this Contract,
except that neither ETMC-EMS, East Texas Medical Center Regional Healthcare System,
nor any of their subcontractors, or assignees, will be liable under this section for damages
arising out of injury or damage to persons or property directly caused or resulting from
the negligence of the Coalition, or any Member Jurisdiction or any of their officers,
agents, representatives or employees.
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ARTICLE VI
MAJOR DEFAULT& REPLACEMENT PROVISIONS
6.01 MAJOR DEFAULT DEFINED. Conditions and circumstances that shall constitute a
major default by ETMC-EMS shall include but not be limited to the following:
a. Supplying to the Coalition during the contracting process, false information or
information so incomplete as to effectively mislead;
b. Willful falsification of data supplied to the Coalition or to the Medical Control
Board during the course of operations, including by way of example but not by
way of exclusion, dispatch data, patient report data, response time data, financial
data, or willful downgrading of presumptive run code designations or deliberate
omission of any other data required under this Contract;
c. Deliberate and unauthorized scaling down of operations to the detriment of
performance during a"lame duck"period;
d. Failure to maintain equipment in accordance with generally accepted maintenance
practices;
e. Willful attempts by ETMC-EMS to intimidate or otherwise punish non-
management employees who desire to interview with or to sign contingent
employment agreements with successful bidders following a subsequent bid
cycle;
f. Chronic and persistent failure of ETMC-EMS's employees to conduct themselves
in a professional and courteous manner and to present a professional appearance;
g. Failure by ETMC-EMS to cooperate with and assist the Coalition in its transfer of
ETMC-EMS's operations after a major default has been declared by the Coalition,
as provided for in 6.02, next, even if it is later determined that such default never
occurred or that the cause of such default was beyond ETMC-EMS's reasonable
control;
h. Failure to substantially and consistently meet or exceed the various clinical and
response time standards required hereunder;
i. Intentional over billing in violation of provisions of this Contract.
6.02 DECLARATION OF MAJOR DEFAULT AND TRANSFER OF SERVICE. In the
event the Coalition determines that a major default has occurred, and if the nature of the
default is, in the opinion of the Coalition, such that public health and safety are
endangered, ETMC-EMS shall be given written notice specifying the particular
complaints and identifying them as appropriate by date, place, etc. with a reasonable
opportunity (defined as 72 hours for deficiencies dangerous to public health and safety
and thirty (30) days for any other deficiencies) to correct said deficiency. In the event
ETMC-EMS fails to correct said deficiency within the time as set forth above, ETMC-
EMS may thereafter be found to be in default (as set forth in Section 6.03). In such
A36\6203\22\1989965/17/01 19
event, ETMC-EMS shall cooperate with the Coalition to effect a prompt and orderly
transfer to the Coalition of ETMC-EMS's and the Coalition's responsibilities as set forth
in Section 6.03.
6.03 MAJOR DEFAULT. In the event of a major default and the failure to cure same as set
forth in Section 6.02, ETMC-EMS shall transfer its responsibilities within seventy-two
(72) hours thereafter upon such finding of a major default by the Coalition.
Notwithstanding the foregoing, ETMC-EMS does not waive its rights to challenge such
declaration and may dispute such issue in a court of law and, if successful, recover all its
damages as allowed by law.
6.04 DEFAULT NOT DANGEROUS TO PUBLIC HEALTH AND SAFETY. If the
Coalition declares ETMC-EMS to be in major default on grounds other than performance
deficiencies dangerous to public health and safety, ETMC-EMS may dispute and legally
resolve the Coalition's claim of major default prior to transfer of ETMC-EMS's
operations by the Coalition.
6.05 "LAME DUCK" PROVISIONS. Should ETMC-EMS fail to prevail in a future
procurement cycle, the Coalition shall obviously depend upon ETMC-EMS to continue
provision of all services required under this Contract until the new contractor assumes
service responsibilities. Under these circumstances, ETMC-EMS would, for a period of
several months, serve as a "lame duck" contractor. To ensure continued performance
fully consistent with the requirements of this Contract throughout any such "lame duck"
period,the following"lame duck"provisions shall apply:
a. Throughout such "lame duck" period, ETMC-EMS shall continue all operations
and support services at substantially the same levels of effort and performance as
were in effect prior to the award of the subsequent contract to a competing firm;
b. ETMC-EMS shall make no changes in methods of operation that could
reasonably be considered to be aimed at cutting ETMC-EMS's service and
operating costs to maximize profits during the final stages of this Contract; and,
c. The Coalition recognized that, if a competing firm prevails in a future
procurement cycle, ETMC-EMS may reasonably begin to prepare for transition of
service to the new contractor during the "lame duck" period, and the Coalition
shall not unreasonably withhold its approval of ETMC-EMS's requests to begin
an orderly transition process, including reasonable plans to relocate staff, scale
down certain inventory items, etc., so long as such transition activities do not
impair ETMC-EMS's performance during the "lame duck" period and so long as
such transition activities are prior-approved by the Coalition.
6.06 PERFORMANCE PENALTY. To provide protection to the Coalition, a Seventy-Five
Thousand Dollar ($75,000) performance penalty will be assessed ETMC-EMS, pursuant
to the provisions for declaration of major default set forth herein.
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ARTICLE VII
TERM AND RENEWAL
7.01 TERM OF AGREEMENT. The initial term of this Agreement shall commence on the
date of final execution, indicated herein, and end on September 30, 2003 ("Initial Term").
7.02 RENEWAL TERMS. This Agreement shall automatically continue in force from the
end of the Initial Term for one (1) year renewal terms (each renewal term referred to as
"Renewal Term") unless either of the parties shall give written notice to the other of its
desire that this Agreement not pass into a succeeding Renewal Term but shall terminate
at the end of the then current term. Such notice of termination shall be received one
hundred eighty (180) days prior to the end of the current term. There will be no limit to
the number of extensions.
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ARTICLE VIII
REPORTS
8.01 VERIFICATION OF USER-FEE CHARGES. By May 1 of each contract year,
ETMC-EMS shall furnish to each Member Jurisdiction and Participating Jurisdiction an
annual audited financial report documenting the following information for the previous
contract year:
a. Gross revenues (exclusive of mileage charges) generated for the transport of
patients by ETMC-EMS ground ambulance service originating with that
jurisdiction;
b. Total number of individual patients transported (one-way) by ETMC-EMS
ground ambulance service originating within that jurisdiction;
c. Certification that charges for loaded mileage and membership fees have or have
not been billed at or below the amounts then authorized by the uniform schedule
of charges for mileage and membership fees (verification by sampling data shall
be acceptable);
d. Subsidy payments received from that jurisdiction;
e. An accounting of late-run penalty payments to and expenditures for the "CPR and
1st Response Support Program Fund". Such statement shall certify that
expenditures of such funds have been used solely to fund direct, out-of-pocket
costs of citizen CPR and related training and ETMC-EMS's 1st Response support
program costs, and that none has been used to fund wages or salaries of personnel
employed by ETMC-EMS or to fund ETMC-EMS's administrative overhead
costs.
8.02 RESPONSE TIME COMPLIANCE. Within ten (10) days after the close of each
calendar month, ETMC-EMS shall provide to each Member Jurisdiction and
Participating Jurisdiction and to the Medical Control Board, an accounting of response
time performance relative to every transport for ambulance service originating within
that jurisdiction,presented in the following format:
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A36\6203\22\198996-5/17/01 22
Life-Threatening Non Life-Threatening Unscheduled Routine Scheduled Routine
Response Time Emergencies Emergencies Transfers Transfers*
# % Cum% # % Cum% # % Cum % # % Cum%
0 - <_ 1m59s
1 - 5 2m59s
2 - <_ 3m59s
3 -<_4m59s
4 - <_ 5m59s
Etc. Etc. Etc. Etc. Etc.
S 120 min.
* i.e., scheduled 24 hours or more in advance of requested time of pickup.
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ARTICLE IX
GENERAL PROVISIONS
9.01 CHARACTER AND COMPETENCE OF PERSONNEL. All persons employed by
ETMC-EMS in the performance of work under this Contract shall be competent and
holders of appropriate permits in their respective trades or professions. The Coalition
may demand the removal of any person employed by ETMC-EMS who chronically
misconducts himself or is chronically incompetent or negligent in the due and proper
performance of his duties, and such person shall not be reassigned by ETMC-EMS for
production of services under this Contract without the written consent of the Coalition,
provided, however, that the Coalition shall not be arbitrary or capricious in exercising its
rights under this provision, and shall be required to document in writing the specific
reasons for exercising rights relative to any given employee, and shall also give that
employee an opportunity to defend himself in the presence of ETMC-EMS's chief
executive officer and Medical Director and the Directors of the Coalition's governing
board prior to removal.
9.02 PERMITS & LICENSES. ETMC-EMS shall be responsible for obtaining all necessary
permits and licenses required for initiation and completion of its work under this
Contract.
9.03 ASSIGNMENT. ETMC-EMS will have the right to assign this Agreement to any
related or affiliated entity of the East Texas Medical Center Regional Healthcare System
without any party's prior consent. Otherwise, this Agreement shall not be assigned or
transferred without the expressed written consent of the Coalition. Such written consent
shall not be unreasonably withheld.
9.04 RIGHTS AND REMEDIES NOT WAIVED. ETMC-EMS agrees that the work
specified in this Contract shall be completed without further consideration of the market
rights provided for herein and that the acceptance of work and the payment of user fees
and subsidy amounts (if any) shall not be held to prevent maintenance of an action for
failure to perform such work in accordance with this Agreement. In no event shall
payment by a Member Jurisdiction (if any such payments are made) hereunder constitute
or be construed to be a waiver by the Coalition of any default or covenant or any default
which may then exist on the part of ETMC-EMS, and the making of such payment while
any such default exists shall in no way impair or prejudice any right or remedy available
to the Coalition with respect to such default.
9.05 ATTORNEY FEES. If either the Coalition or ETMC-EMS institutes litigation against
the other party to secure its rights pursuant to this Contract, the prevailing party shall be
entitled to the actual and reasonable costs of litigation and reasonable attorney's fees in
addition to any other relief to which such party may be entitled.
9.06 NON-DISCRIMINATION. ETMC-EMS agrees as follows:
a. ETMC-EMS will not discriminate against any employee or applicant for
employment because of race, religion, color, national origin, disability, sex or age,
ETMC-EMS will take affirmative action to ensure that applicants are employed
and that employees are treated during employment without regard to their race,
A36\6203\22\198996-5/17/01 24
religion, color, national origin, disability, sex or age. Such action shall include,
but not be limited to the following: (i) employment, upgrading, demotion or
transfer; (ii) recruitment or recruitment advertising; (iii) layoff or termination; (iv)
rates of pay or other forms of compensation; and (v) selection for training,
including apprenticeship. ETMC-EMS agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided
setting forth the provisions of this non-discrimination clause.
b. ETMC-EMS will, in all solicitations or advertisements for employees placed by
or on behalf of ETMC-EMS, state that all qualified applicants will receive
consideration for employment without regard to race, religion, color, national
origin, disability, sex or age.
9.07 COMPLIANCE WITH LAWS. The services furnished by ETMC-EMS under this
Contract shall be rendered in substantially full compliance with applicable federal, state
and local laws, rules and regulations. It shall be ETMC-EMS's responsibility to
determine which laws, rules and regulations apply to the services rendered under this
Contract and to maintain compliance with those applicable standards at all times.
9.08 SEVERABILITY. In the event any provision hereunder is determined to be illegal,
invalid or unenforceable under applicable law, said provision shall be deemed deleted
from this Agreement as if never contained herein and the remainder of this Agreement
shall remain enforceable.
9.09 HEADINGS. The Paragraph headings, articles, sections and captions contained in this
Contract are solely for the convenience of the Parties and shall in no manner be construed
as part of this Agreement.
9.10 CHOICE OF LAW. This Agreement shall be governed by the laws of the State of
Texas, and, in the event of litigation with respect to this Agreement or any of its terms,
venue shall rest in Collin County, Texas.
9.11 ENTIRE AGREEMENT. This Agreement supersedes any and all other agreements,
whether oral or in writing, between the Parties hereto with respect to the subject matter
hereof, and no other agreement, statement or promise relating to the subject matter of this
Agreement that is not contained herein shall be valid or binding unless in writing signed
by all Parties.
9.12 AMENDMENT. This Agreement may be amended by a writing upon the agreement of
both Parties so as to conform to the law or any changes in the law and/or regulations
applicable to the terms of this Agreement. If the Coalition refuses to amend the
Agreement in accordance with this Section, such action shall be considered a breach of
this Agreement and the Agreement may be terminated by ETMC-EMS.
9.13 NO WAIVER. The failure of either party to insist at any time upon the strict observance
of performance of any provision of this Agreement or to exercise any right or remedy as
provided in this Agreement shall not impair any right or remedy of such party or be
construed as a waiver or relinquishment thereof with respect to subsequent defaults or
breaches. Every right and remedy given by this Agreement to the Parties hereto may be
A36\6203\22\198996-5/17/01 25
exercised from time to time and as often as may be deemed expedient by the appropriate
party.
9.14 INCORPORATION OF SCHEDULES. Schedule A, Uniform EMS Ordinance and
Schedule B, Commitment to 1st Responder Support and Quality Care, Schedule C,
Quality Improvement Program are expressly incorporated within this Contract as though
written and contained directly within the text of this Contract.
9.15 CORRESPONDENCE. All notices hereunder by either Party to the other shall be in
writing, delivered personally, by certified or registered mail (postage prepaid), return
receipt requested or by overnight courier services (charges prepaid) and shall be deemed
to have been duly given when delivered personally, when deposited in the United States
mail or delivered to the overnight courier, addressed as follows:
If to ETMC-EMS:
Anthony Myers,Vice President
East Texas Medical Center Emergency Medical Service
P. 0. Box 387
Tyler, Texas 75710
If to Coalition:
Attention:
or to such other persons or places as either Party may, from time to time, designate by
written notice to the other.
9.16 INDEPENDENT CONTRACTOR. In performing this Contract, ETMC-EMS is acting
as an independent contractor with respect to the Coalition and neither ETMC-EMS nor
any ETMC-EMS staff shall be considered employees of the Coalition. It is agreed and
acknowledged by the Parties that, as an independent contractor, ETMC-EMS retains the
right to contract with and provide EMS services to entities and individuals other than the
Coalition, and nothing in this Agreement shall be interpreted as limiting or restricting in
any way ETMC-EMS's right to do so. In no event shall this Agreement be construed as
establishing a partnership or joint venture or similar relationship between the Parties
hereto, and nothing herein shall authorize either Party to act as agent for the other, except
to the extent herein provided. The Coalition shall be liable for its own debts, obligations,
acts and omissions, including the payment of all required withholding, social security and
other taxes and benefits with respect to all Coalition personnel. Neither ETMC-EMS nor
any ETMC-EMS staff shall be subject to any Coalition policies solely applicable to the
Coalition's employees or be eligible for any employee benefit plan offered by the
Coalition.
9.17 FORCE MAJEURE. Neither Party shall be liable or deemed to be in default for any
delay or failure in performance under this Agreement or other interruption of service
deemed to result, directly or indirectly, from the acts of God, civil or military authority,
A36\6203\22\198996-5/17/01 26
acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, failure of
transportation, strikes or other work interruptions by either Party's employees, or any
other similar cause beyond the reasonable control of either Party.
9.18 ACCESS TO RECORDS. As an independent contractor of the Coalition, ETMC-EMS
shall, in accordance with 42 U.S.C., §1395x (v)(I)(I) (Social Security Act §1861 (v)(I)(I)
and 42 C.F.R., Part 420, Subpart D, §420.300, et seg., until the expiration of four (4)
years after the furnishing of Medicare reimbursable Services pursuant to this Contract,
upon proper written request, allow the Comptroller General of the United States, the
Department of Health and Human Services and their duly authorized representatives
access to this Agreement and to ETMC-EMS's books, documents and records (as such
terms are defined in 42 C.F.R., §420.301) necessary to verify the nature and extent of
costs of Medicare reimbursable Services provided under this Contract. In accordance
with such laws and regulations, if Medicare or Medicaid reimbursable services provided
by ETMC-EMS under this Contract are carried out by the means of a subcontract with an
organization related to ETMC-EMS, and such related organization provides the services
at a value or cost of $10,000 or more over a twelve (12) month period, then the
subcontract between ETMC-EMS and the related organization shall contain a clause
comparable to the clause specified in the preceding sentence. No attorney-client,
accountant-client or other legal privilege shall be deemed to have been waived by
ETMC-EMS or the Coalition by virtue of this Contract.
9.19 ENTIRE AGREEMENT; MODIFICATION. This Contract contains the entire
understanding of the Parties with respect to the subject matter hereof and supersedes all
prior agreements, oral or written, and all other communications between the Parties
relating to such subject matter. This Contract may not be amended or modified except by
mutual written agreement.
9.20 CHANGE IN LAW. Notwithstanding any other provision of this Agreement, if the
governmental agencies (or their representatives) which administer Medicare, any other
payor or any other federal, state or local government or agency passes, issues or
promulgates any law, rules, regulation, standard or interpretation, or any court of
competent jurisdiction renders any decision or issues any order, at any time while this
Agreement is in effect, which prohibits, restricts, limits or in any way substantially
changes the method or amount of reimbursement or payment for Services rendered under
this Agreement, or which otherwise significantly affects either Party's rights or
obligations hereunder, either Party may give the other notice of intent to amend this
Agreement to the satisfaction of both Parties, to compensate for such prohibition,
restriction, limitation or change. If this Agreement is not so amended in writing within
ten (10) days after said notice was given, this Agreement shall terminate as of midnight
on the tenth(10th)day after said notice was given.
9.21 CONSENTS, APPROVALS AND EXERCISE OF DISCRETION. Except as may be
herein specifically provided to the contrary, whenever this Agreement requires any
consent or approval to be given by either Party, or either Party must or may exercise
discretion, the Parties agree that such consent or approval shall not be unreasonably
withheld or delayed, and such discretion shall be reasonably exercised in good faith.
A36\6203\22\198996-5/17/01 27
9.22 THIRD PARTIES. None of the provisions of this Agreement shall be for the benefit of
third parties or enforceable by any third party. Except as provided above, any agreement
to pay an amount and any assumption of a liability herein contained, expressed or
implied, shall only be for the benefit of the Parties hereto and such agreement or
assumption shall not inure to the benefit of any third party, including an obligee.
9.23 PAID IN-SERVICE TRAINING. ETMC-EMS will provide each ETMC-EMS EMT
and Paramedic with sixty(60)paid hours for continuing education each year.
9.24 PARAMEDIC SKILL LEVELS. Effective , 200 , ETMC-
EMS Paramedic skill levels will be implemented as follows:
a. Texas State EMS-P Certification
b. Basic Trauma Life Support
c. Driver Training
d. Advanced Cardiac Life Support
e. Advanced Pediatric Emergency Care
9.25 TERMINATION OF CONTRACTS. In the event any of the Member Jurisdictions
signing below as a principal of this Contract have individual contracts with East Texas
Medical Center Emergency Medical Service for ambulance service as of the
Commencement Date of this Agreement, such contractual arrangements and agreements
shall terminate contemporaneously with the execution of this Agreement.
9.26 COUNTERPARTS. This Contract may be executed in multiple counterparts, and is
effective on the last date of execution indicated below.
City of Lavon, Texas East Texas Medical Center
d/b/a East Texas Medical Center
Emergency Medical Service
Mayor (date) Anthony Myers, President (date)
Printed Name:
City Manager (date)
Printed Name:
A36\6203\22\198996-5/17/01 28
City of Lucas,Texas City of Murphy,Texas
Mayor (date) Mayor (date)
Printed Name: Printed Name:
City Manager (date) City Manager (date)
Printed Name: Printed Name:
City of Sachse,Texas City of St. Paul,Texas
Mayor (date) Mayor (date)
Printed Name: Printed Name:
City Manager (date) City Manager (date)
Printed Name: Printed Name:
City of Wylie,Texas City of Parker, Texas
Mayor (date) Mayor (date)
Printed Name: Printed Name:
City Manager (date) City Manager (date)
Printed Name: Printed Name:
A36\6203\22\198996-5/17/01 29
SCHEDULE B
COMMITMENT TO 1ST RESPONDER SUPPORT AND QUALITY CARE
ETMC-EMS' commitment to quality care extends to its 1st Responder agencies and personnel
with whom we work through the Contract Service Area. Texas State EMS regulations require
formal affiliation between every 1st Response organization and a licensed EMS provider.
ETMC-EMS will coordinate and financially support the development of a formalized 1st
Response Network by providing:
a. State mandated affiliation for 1st Responders.
b. Entry-level and in-service training programs (e.g., ECA, EMT, Special Skills,
Paramedic and BTLS for 1st Responders).
c. Paramedic-assist training and assistance with purchasing the manual and
automatic defibrillator. The automatic defibrillator or AED unit will significantly
improve the survivability of heart attack victims in rural areas. Participating
volunteer 1st Responders with AEDs can provide cardiac patients with direct
intervention that could significantly enhance chances for survival. ETMC-EMS
will provide the following assistance:
(i) Automated External Defibrillation certification.
(ii) Integrated quality improvement program.
(iii) On-scene medical equipment exchange program.
(iv) Prompt return to station of 1st Responders accompanying crew during
transport.
(v) Assistance with fund-raising and purchasing automated defibrillators.
(vi) Sponsorship of at-cost system-wide group purchasing of medical supplies.
This Network is funded by way of the 1st Responder Support Fund as set forth in this Master
Contract.
(BALANCE OF PAGE INTENTIONALLY LEFT BLANK)
SCHEDULE C
QUALITY IMPROVEMENT PROGRAM
The Quality Improvement Program of ETMC-EMS is designed to provide review and evaluation
of clinical care delivered by ETMC-EMS, with emphasis upon constructive feedback to
strengthen performance of ETMC-EMS as a whole (e.g., through targeted in-service programs,
modified standards for recruitment and protocol modification) and to identify and correct
isolated performance deficiencies.
Clinical standards will be set by the Medical Director and it will be the responsibility of the QI
Manager and assigned Field Training Officers to assist ETMC-EMS in meeting and exceeding
these standards through tracking and measuring compliance criteria as they pertain to established
medical protocol and clinical standards. Basic features of the Quality Improvement Program
include:
1. In addition to requirements for State certification, prospective employees shall be subject
to skills testing, written testing, background check, drug testing and psychological
evaluation prior to employment.
2. Upon initial employment, new employees shall complete a standardized EMS orientation
program consisting of a minimum of forty (40) hours of classroom instruction in
protocols and practices unique to the ETMC-EMS system, hazmat training and a Driver
Training Program.
3. Upon completion of initial orientation, new employees shall acquire not less than forty
(40)hours experience and observation as a"3rd rider".
4. Upon completion of "ride-along" requirements, new employees shall be paired for not
less than three (3) months observation and on-going orientation with a Field Training
Officer having not less than three (3) years EMS field experience and approved for such
responsibility by the Medical Director, except in the case of those new employees who
have demonstrated previous experience at their level of certification and may, at the
discretion of the Medical Program Director, have such probation time shortened.
5. Upon successful completion of the three (3) month probationary period under the direct
observation of a Field Training Officer and subject to confirmation by the Medical
Director and the Medical Control Board, the new employee is certified to serve as a
member of the ETMC-EMS team.
6. Patient care rendered by employees will be the subject of a focused review and field
observation at least once each year.
7. All charts documenting advanced life support measures will be subject to 100% chart
audit. Every 10th sample of all other charts will also be subject to routine chart audit.
8. The QI program will work with the education department to track continuing education
of employees and to set up remedial training as needed for employees.
9. To identify and correct possible systemic deficiencies relative to specific presenting
problems, chief complaints or presumptive diagnoses, an extensive review of the most
recent 50 to 100 cases of a specific type (e.g., chest pain) shall be conducted on a
monthly basis and adjustments made to training.
(BALANCE OF PAGE INTENTIONALLY LEFT BLANK)
WYLIE CITY COUNCIL
AGENDA ITEM NO. 3,
June 12, 2001
Issue
Consider and act upon entering into an Interlocal Agreement with the City of Parker for the
provision of sewer services to the proposed Estates at Creekside Subdivision.
Background
Planned Development District zoning has been approved within the City of Wylie for both
Creekside Estates, at the northeast corner of McCreary and McMillen Road, and the Estates of
Creekside, located on Parker Road. A portion of the overall Estates of Creekside subdivision is
located in the City of Parker, between the two Wylie subdivisions.
The developer of the subdivision has requested that the Council consider the provision of sewer
service to a portion of the subdivision which falls within the City of Parker city limits. A draft
Interlocal Agreement was prepared by the City Attorney for previous discussions with the Town
of St. Paul. This draft is not a result of negotiations between Wylie and any community or
developer. It simply represents the conditions required by the City of Wylie to provide services.
If approved by Council, this draft will serve as the basis for an agreement with the City of Parker.
Other Considerations
Local Government Code Chapter 402, Municipal Utilities states:
A municipality may extend the lines of its utility systems outside the municipal boundaries and may sell
water, sewer, gas, or electric service to any person outside its boundaries. The municipality may contract
with persons outside its boundaries to permit them to connect with those utility systems on terms the
municipality considers to be in its best interest.
Financial Consideration
Per Code, utilities outside the City limits are subject to a 15% surcharge in addition to the regular
sewer rate. As set out in the draft agreement all pertinent development fees, including a charge
equal to Wylie's sewer Impact Fee, would be assessed and collected.
Board/Commission Recommendations
N/A
Staff Recommendations
Staff recommends denial unless sufficient information is received to support this request.
Attachments
Draft Agreement
j6LA,K-LUANI/LAA tAA-)
Prep ed by Rwed by Finance City M na pproval
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AFTER RECORDING.RETURN TO:
City SeemLary
City of Wylie,Texas
2000 State Highway 78 North
Wylie,Texas 75098
INTERLOCAI. AGREEMENT FOR INSTALLATION OF SEWER LINES
This Agreement(the"Agreement") is entered into as of the day of
1999 by and between THE CITY OF WYLIE,TEXAS,a home rule municipal corporation
("Wylie"), and THE CITY OF ST. PAUL,TEXAS,a general law municipal corporation
("St. Paul").
WHEREAS,
WHEREAS,
WHEREAS,
NOW,THEREFORE,
1. Land Subject to Agreement.
The land that is the subject of this Agreement is located in the Aaron West
Survey,Abstract No. 972, the William Spurgeon Survey,Abstract No. 808 and the D. Yeoman
Survey,Abstract No. 1042,situated in the City of St.Paul,Collin County,Texas and containing
165 acres, more or less, and more particularly described in Exhibit'`A",which Exhibit is
attached hereto and incorporated herein for all purposes(collectively called the"Property").
St. Paul represents that the Property is within its city limits.
2. Extension of Sewer Lines Into St. Paul.
a. At its sole cost and expense,St. Paul represents that
will construct, install and, upon completion of construction and acceptance by Wylie,dedicate to
Wylie the sewer improvements described on Exhibit"B",attached hereto and incorporated
herein for all purposes,said construction to begin on or before. , 1999 and said
dedication to Wylie to occur on or before , 1999("the Sewer Improvements").
b. The Sewer improvements will be approved by Wylie before construction
begins. Inspections will be performed by Wylie.
c. Certificates of occupancy on the Property will not be issued by St. Paul
until the Wylie accepts the Sewer Improvements. Wylie agrees to accept the Sewer
AGREEMENT FOK INSTALLATION OF SEWER LINES
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•
Improvements within a reasonable time following the completion of construction so long as such
improvements have been completed in accordance with plans and specifications approved and
accepted by Wylie.
d. Upon acceptance by Wylie,the Sewer Improvements will be maintained
by Wylie.
3. Inspection Fees.
St.Paul agrees to pay all inspection fees imposed by Wylie for the Sewer
Improvements prior to their acceptance by Wylie.
4. Impact Fees+
Upon final plat approval of any portion of the Property,St.Paul will pay
to Wylie a sum of money equal to the amount of impact fees charged by Wylie that would be
due if that portion of the Property receiving final plat approval were in Wylie.
5. charges for Sewer.
All customers accessing sewer services within the Property will pay to St.Paul a
monthly fee equal to the sewer fees charged by Wylie for that customer plus fifteen percent 15%.
St.Paul will remit to Wylie all collections for sewer charges within days of receipt.
6. Application to Texas National Resource Conservation Commission
(TNRCC)to Provide Sewage Service to Property.
a. Upon execution of this Agreement,Wylie will file an application with the
TNRCC to amend CCN No. to reflect that Wylie will provide sewer service to the
Property. St.Paul will support the application and will not object or otherwise attempt to
defeat Wylie's application for a Certificate of Convenience and Necessity to the Property.
b. Wylie and St.Paul agree not to initiate legal action under 7 U.S.C.
Section 1926(b) for any matter related to this Agreement.
7. Default.
In the event any party fails to comply with the terms of this Agreement,the other
party has the right to enforce the terms of this Agreement by specific performance or by any
other remedies available to the other party. The prevailing party to any dispute arising out of the
enforcement of this Agreement shall be entitled to recover from the losing party reasonable
attomey's fees,expenses and costs.
AGREEMENT FOR INSTALLATION OF SEWER LIKES
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8. Miscellaneous.
a. Except as herein provided,the parties acknowledge that the owner of the
Property owned by each,their successors and assigns,shall be subject to all other ordinances of
St. Paul,whether now existing or in the future arising.
b. All dedications and other conveyances required by this Agreement
(1) will be conveyed to Wylie;and,
(2)will be in a form acceptable to Wylie;and,
(3)will be free and clear of any and all encumbrances and liens.
.c. All construction will be in accordance with applicable rules,regulations
and ordinances of Wylie.
d. This Agreement may not be assigned by any party without the written
consent of the other parties.
e. This Agreement contains the entire agreement of the parties with respect
to the matters contained herein and may not be modified or terminated except upon the
provisions hereof or by the mutual written agreement of the parties hereto.
f. This Agreement shall be construed in accordance with the laws of the
State of Texas and shall be performable in Collin County,Texas.
g. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective successors and assigns.
h. The individuals executing this Agreement on behalf of the respective
parties below represent to each other and to others that all appropriate and necessary action has
been taken to authorize the individual who is executing this Agreement to do so for and on behalf
of the party for which his or her signature appears,that there are no other parties or entities
required to execute this Agreement in order for the same to be an authorized and binding
agreement on the party for whom the individual is signing this Agreement and that each
individual affixing his or her signature hereto is authorized to do so,and such authorization is
valid and effective on the date hereof.
i. This Agreement is executed by the parties hereto without coercion or
duress and for substantial consideration,the sufficiency of which is forever confessed.
j. Any notice provided for under the terms of this Agreement by either party
to the other shall be in writing and may be effected by registered or certified mail,return receipt
AGREEMENT FOR INSTALLATION OF SEWER LIN}S
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requested. Notice to Wylie shall be sufficient if made or addressed to City Manager,2000 State
Highway 78 North,Wylie,Texas, 75098. Notice to St.Paul shall be sufficient if made or
addressed to . Each party may change the address to which notice
may be sent to that party by giving notice of such change to the other parties in accordance with
the provisions of this Agreement.
k. This Agreement may be executed in a number of identical counterparts,
each of which shall be deemed an original for all purposes.
1. In case any one or more of the provisions contained in this Agreement
shall for any reason be held to be invalid,illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision thereof, and this Agreement
shall be construed as if such invalid,illegal or unenforceable provision had never been contained
herein.
m. Each signatory represents this Agreement has been read by the party for
which this Agreement is executed and that such party has had an opportunity to confer with its
counsel.
n. This Agreement shall be deemed drafted equally by all parties hereto. The
language of all parts of this Agreement shall be construed as a whole according to its fair
meaning, and any presumption or principle that the language herein is to be construed against
any party shall not apply. Headings in this Agreement are for the convenience of the parties and
arc not intended to be used in construing this document.
o. Time is of the essence in this Agreement.
IN WITNESS WHEREOF,the parties have executed this Agreement and caused this
Agreement to be effective on the latest date as reflected by the signatures below.
THE CITY OF WYLIE,TEXAS,
a home rule municipal corporation
By: Date:
Its:
THE CITY OF ST.PAUL,
a general law municipal corporation
By: Date:
its:
AGREEMENT FOR INSTALLATION OF SEWER LINFS
Psgs 4
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STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME,the undersigned authority, on this day personally appeared
,known to me to be one of the persons whose names are
subscribed to the foregoing instrument; be/she acknowledged to me he/she is the duly authorized
representative for THE CITY WYLIE, TEXAS, and he/she executed said instrument for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1999.
Notary Public in and for the
State of Texas
My Commission Expires:
STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME,the undersigned authority, on this day personally appeared
,known to me to be one of the persons whose names are
subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duty authorized
representative for THE CITY OF ST.PAUL,TEXAS, and be/she executed said instrument for
the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1999.
Notary Public in and for the
State of Texas
My Commission Expires:
AGREEMENT FOR DISTALLATUON OF SEWER LINES
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WYLIE CITY COUNCIL
AGENDA ITEM NO. 4.
June 12, 2001
Issue
Consider and act upon appointments to the Ambulance Advisory Board, Construction Code Board,
Library Board,Parks and Recreation Board,Parks and Recreation,Facilities Development Corporation
Board, Planning and Zoning Commission, Zoning Board of Adjustments and the Wylie Economic
Development Corporation for those whose terms expire in July of 2001
Background
Article 8, Section 1A of the City Charter authorizes the City Council to appoint members to serve on
boards, commissions and committees to help carry out the functions and obligations of the City. The
City Council has prescribed the purpose, composition, function, duties, accountability and the tenure of
each board, commission and committee.
The City Secretary's Office began an active campaign to solicit for Board and Commission applications
by utilizing the Wylie News, Citizen's Newsletter, all municipal facilities and current board and
commission members. We also utilized the City's Website by offering application submittal on-line. This
year, we received a total of six applications submitted through the City's Website.
An invitation was extended to the community through advertisement with the Wylie News and the
Website to our annual Board and Commission Applicants Reception at the Municipal Complex.
Prospective board and commission members were invited to attend and meet with city staff and council
regarding the functions of city boards/commissions. Invitations were mailed to all current members
encouraging them to bring prospective members. As a result, a total of 36 applications were received,
including those members reapplying for another term.
For the fifth year an interview panel, consisting of three council members, was formed and applicants
were personally contacted to schedule an informal meeting with the Council Interview Panel. Current
members were also given an opportunity to visit with Council through the interview process. Council
members Eric Hogue, Reta Allen and Chris Trout volunteered to serve on the interview panel and
conducted approximately 27 interviews at the conclusion of the process.
The Panel met with applicants on Tuesday, May 15, Monday, May 21, and concluded the interviews on
Tuesday, May 29, 2001. Applicants were asked a series of questions developed to understand the
applicant's philosophy about the Community as well as why they wished appointment to a City Board
or Commission. The Council feels that this process is helpful to them in making appointments and
offered an opportunity to understand some of the visions the applicants have for the community.
Financial Consideration
The board, commission and committee members are not compensated by the city as stated in the City
Charter under Article 8, Section 3 C.
Other Consideration
Under Article 8 of the City Charter, the City Council has the right to create, establish or appoint boards,
commissions and committees as it deems necessary to carry out the functions and obligations of the city.
Board/Commission Recommendation
N/A
Staff Recommendation
The Council Interview Panel will make their recommendations to Council based on the interviews that
were conducted May 15, 21, and 29, 2001.
Attachments
Advertisement for Board & Commission Applicants Reception 2001.
Application Form & Questionnaire
Summary of Board & Commission Expiring Terms& Applicants.
!'� 0 /-
"area •y evie�dved by Finance City Manager /royal
s
The City of Wylie
would like to extend a personal invitation to
the members of the Wylie Community
to attend our annual
Boards 8 Commission Applicant's Reception
Tuesday, May 8, 2001 + 4: O p.m. - 6:00 p.m.
Municipal Complex + 2000 State Highway 78 North
Our annual Applicant's Reception is an excellent opportunity for Wylie citizens to visit informally with City Staff and
Council about the functions of our various boards 8 commissions. If you would like to become an active part of the
future of our community,join us on May 8th and learn how your gift as a volunteer can make a difference!
Application forms will be available to those interested in applying. The Wylie City Council will be making formal
appointments in June to the following Boards 8 Commissions.
Ambulance Board ♦Construction (ode Board +Planning c loning Commission
Parks 8 Recreation Board +library Board +loning Board of Adjustments
The Wylie Economic Development(orporation
for additional information on the City of Wylie Board 8 Commission appointment process,
call the City Secretary's Office at q7Z-44z-8loo or visit our webpage at www.ci.wyIie.tx.us
Boards 8 Commission Application
Spring zoos
......... ......... ......... ......... ......... .............
Name:
Please indicate,your first,second and third preference below.
Planning and Zoning Commission Construction Code Board
Zoning Board of Adjustment Parks&Recreation Board
Library Board Wylie Economic Development Corporation Board
Ambulance Advisory Board
❑ Yes, I would lie interested in serving on Subcommittees that may be formed.
Persona Information Occupational Information
Home Address: Business Owner? ❑ Yes ❑ No
Telephone: Fax: Business
E-mail: Name:
I have been a Wylie Resident for years Occupation:
Registered voter? ❑Yes ❑ No Business:
Address:
Telephone: Fax:
Please indicate briefly why;you would like to be appointed to a Board or Commission:
How did you hear about volunteering for a city of Wylie Board or Commission?
•
I am:aware of the meeting dates and times of the hoard/commission I have applied and if appointed,I agree to serve o
the Board/mission which I have applied,or would consider an alternate appointment to a second or third servi
preference.
Signature Date
OFFICE USE ONLY
Date Application Received
❑ New Applicant? Previous service on board/commission.
❑ Attended May 2000 Applicant's Reception? yes/no
❑ Applicant Interview scheduled: •
❑ Appointment made to: Term Expires:
❑ Statement&Oath Complete
0 No Appointment made at this time. Retain application until May 2002.
CITY OF WYLIE
BOARD AND COMMISSION APPLICANT QUESTIONNAIRE
Name: Address
Have you served on a City of Wylie Board or Commission previous to this application? If so,
please list the board/commission and when you served.
What other civic involvement do you currently have in Wylie or may have had in previous
communities?
How long have you been a resident of the City of Wylie and what was it about Wylie that
influenced your decision to make Wylie your home?
What is your idea of a balanced community?
What type of community do you envision when you think about Wylie 10 years from today?
What type of commitments do you currently have with your job, travel and/or family that might
cause limitations of your time?
Do you have your family's support in this endeavor?
What contributions do you hope to make by serving on a board/commission?
WYLIE CITY COUNCIL
AGENDA ITEM NO. 5.
June 12, 2001
Issue
Consider and act upon a Final Plat for the Shiloh Baptist Church Addition, located at 840 East
Brown Street, east of State Highway 78, being all of a certain tract of land situated in the Francisco
de la Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas.
Background
The subject 2.001 acre tract is occupied by the church buildings for church uses only. Believing the
property to be located within unincorporated Collin County rather than the City of Wylie, the church
moved two one-story frame buildings onto the property without a City permit. Their intent is to
renovate the structures for church uses.
In addition to renovation of the two vacant buildings moved onto the property, certain other
improvements will be required for the property and facilities to comply fully with City of Wylie
development codes. These include a paved parking surface and connection to City utilities when
feasible.
The property is currently occupied by the church and is unplatted, and zoned SF-2 (Single-Family)
residential uses.
Property must be platted to create a"lot of record" before a building permit for the renovation can
be issued. A Preliminary Plat of the subject property was approved by the Planning & Zoning
Commission and the City Council in November of 2000.
Financial Considerations
Plat application fees—Paid
The applicant is aware that development and impact fees must be paid before a Final Plat can be filed
with Collin County.
Other Considerations
1. Section 212.005 of the Texas Local Government Code states that "the municipal authority
responsible for approving plats must approve a plat that satisfies all applicable regulations".
Section 212.009(a) states that"the municipal authority responsible for approving plats shall act
upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the
municipal unless it is disapproved within that time period".
2. Staff has reviewed the proposed Plat for the Shiloh Baptist Church Addition and found it to
conform to the approved Preliminary Plat and to be in technical compliance with all applicable
State subdivision regulations. The plat also complies with all Subdivision regulations and other
pertinent ordinances of the City of Wylie.
Board/Commission Recommendations
At the May 15, 2001 Planning and Zoning Commission meeting, the Commission voted 7-0 to
approve the Final Plat.
Staff Recommendations
Approval. The Departments of Development Services, Public Works and Fire concur with this
recommendation.
Attachments
Final Plat
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WYLIE CITY COUNCIL
AGENDA ITEM NO. to
June 12, 2001
Issue
Hold a public hearing to consider and act upon approval of a request for a change in zoning from
Retail (R)District to Business-1 (B-1)District, for a 4.703 acre tract generally located south of State
Highway 78 and south of West Kirby Street (FM 544), situated in the E.C. Davidson Survey,
Abstract No. 267 and being Lot 1, block 1 of the Wylie Shopping Village No. 1 Addition, City of
—`Wylie, Collin County, Texas. (Zoning Case 2001-06)
Background
The applicant is requesting rezoning of the subject property in order to develop a gasoline service
station on a portion of the property. Specifically, a 144 square feet kiosk/building and 4 self-serve
gas pumps, covered by a 2,200 square foot canopy, will be added to the front portion of the property.
The total size of the subject property and request is 4.768 acres, and the gas station will
accommodate approximately 13,050 square feet along the front of the property. The property fronts
244.04 feet along S.H. 78. The property is currently zoned Retail (R)District and is occupied by the
Brookshire's Grocery Store and parking. It is platted as Lot 1, Block 1 of the Wylie Shopping
Village No. 1 Addition.
The adjacent properties to the northeast are zoned Business-1 (B-2) and developed with such
business uses (Exxon gas station and Eckerd Drug Store). The property to the south is zoned for
Retail (R) and developed with the hospital and professional office uses. The property to the north,
across S.H. 78 and the railroad corridor, is zoned for Industrial (I) uses and is undeveloped.
Public Comment Forms were mailed to twenty-three (23) property owners within 200 feet of this
request. Three Public Comment Forms have been returned, two in favor of the request and one
opposed.
Financial Considerations
Rezoning application fee - Paid
Other Considerations
• Gas service stations are not currently permitted within the Retail (R) District. Gas stations are
permitted in the Business-1 (B-1) and Business-2 (B-2) Districts. The requested change to
Business-1 (B-1) is compatible to the current zoning of the adjacent commercial properties.
• The Comprehensive Plan recommends Commercial uses for the subject property. The Plan
defines the Commercial category as "establishments that range from retail, office and/or related
mixed uses". The request conforms to this definition.
• The gas station will replace 42 existing parking spaces. The existing parking provided exceeds
the required parking and will exceed the required parking with the addition of the gas station. No
access/egress drives or internal circulation will be adversely effected by the addition.
• The applicant is aware that approval of a Site Plan by the Planning and Zoning Commission is
required prior to the issuance of any building permits.
Board/Commission Recommendations
At the May 15, 2001 Planning and Zoning Commission meeting, the Commission voted 7-0 to
approve B-1 zone change, rather than the B-2 originally requested.
Staff Recommendations
Approval of the rezoning. The proposal is consistent with the mixed-use intent of the Business
Center category of the Comprehensive Master Plan as well as the existing industrial uses of the
adjacent properties.
The Departments of Development Services, Public Works, and Fire concur with this
recommendation.
Attachments
Location Map
Property Owner Notification List & Map
Ordinance
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ZONING CASE #2001 -06
NOTIFICATION REPORT
APPLICANT: Brockette, Davis &Drake APPLICATION FILE #2001-06
4144 N. Central Expwy. Dallas,Tx. 75204
# BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS
Applicant 4144 N.Central Expwy.
1 Brockette, Davis &Drake Dallas,Tx. 75204
Martinez Addn. I 2121 Quail Run Road
2 A Lot 1 R-2591-00A-0010-1 Henry Martinez Wylie,Texas 75098
Martinez Addn. I (Improvements) P.O. Box 469004
3 A Lot 1 R-2591-00A-0011-1 Eckerd #2957 Garland,Texas 75046-9004
Martinez Addn. II 2121 Quail Run Road
4 A Lot 2 &3B R-2570-00A-0020-1 _ Henry Martinez Wylie,Texas 75098
Martinez Addn. II (Improvements) P.O. Box 220
5 A Lot 2 R-2570-00A-0021-1 McCraw Oil Co. Bonham, Texas 75418-0220
Martinez Addn. II 205 El Paseo Street
6 A Lot 3A R-2570-00A-0030-1 Mark Kerr Denton,Texas 76205-8563
Martinez Addn. II 2121 Quail Run Road
7 A Lot 4A R-2570-00A-0040-1 Henry Martinez Wylie, Texas 75098
Martinez Addn. II 907 E.Stone Road
8 A Lot 4B R-2570-00A-004E-1 Charles Harrison Wylie,Texas 75098
Martinez Addn. II 2121 Quail Run Road
9 A Lot 5 R-2570-00A-0050-1 Henry Martinez Wylie,Texas 75098
Wylie Shopping Village P.O. Box 1411
10 1 Lot 1 R-2446-001-0010-1 Brookshire Grocery Co. Tyler, Texas 75710-1411
Holiday Terrace 900 Mardi Gras Lane
11 1 Lot 7 R-1163-001-0070-1 Frances Simmons Wylie, Texas 75098
Holiday Terrace P.O. Box 747
12 1 Lot 8 _ R-1163-001-0080-1 Lois Leopard Wylie,Texas 75098
Holiday Terrace Homer Lamb 1502 S. Ballard Avenue
13 1 Lot 9 R-1163-001-0090-1 c/o James Blakey Wylie, Texas 75098
Holiday Terrace 906 Mardi Gras Lane
14 1 Lot 10 R-1163-001-0100-1 Dorothy May Wylie, Texas 75098
Holiday Terrace 121 Brockway Drive
15 1 Lot 11 R-1163-001-0110-1 Hal Portman Rockwall,Texas 75032
Holiday Terrace 910 Mardi Gras Lane
16 1 Lot 12 R-1163-001-0120-1 D.W.Ward Wylie, Texas 75098
Holiday Terrace 1000 Mardi Gras Lane
17 1 Lot 13 R-1163-001-0130-1 Atha Wigington Wylie,Texas 75098
Holiday Terrace 1002 Mardi Gras Lane
18 1 Lot 14 R-1163-001-0140-1 Pedro Estrada Wylie,Texas 75098
Holiday Terrace P.O.Box 217
19 1 Lot 15 R-1163-001-0150-1 Sarah Bartholomew Wylie,Texas 75098
Holiday Terrace P.O. Box 1194
20 1 Lot 16 R-1163-001-0160-1 James Hughes Wylie,Texas 75098
P.O. Box 454
21 Abst 267 Tract 6 R-6267-000-0060-1 Bariatric Care Center of Texas Ann Arbor, Michigan 48106-0454
P.O.Box 369
22 Abst 267 Tract 26 R-6267-000-0260-1 Ross Bagwell Claude,Texas 79019-0369
P.O.Box 66016
23 Abst 267 Tract 34 R-6267-000-0340-1 DART Railway Dallas, Tx. 75266
507 Thomas Street
24 Abst 267 Tract 41 R-6267-000-0410-1 Trimble Family Investments, Ltd. Wylie,Texas 75098
P.O. Box 454
25 Abst 267 Tract 44 R-6267-000-0440-1 Bariatric Care Center of Texas Ann Arbor, Michigan 48106-0454
P.O. Box 454
26 Abst 267 Tract 45 R-6267-000-0450-1 Bariatric Care Center of Texas Ann Arbor, Michigan 48106-0454
Bill Lovil, P.E. P.O. Box 90
27 S.H. 78 Texas Dept. of Transportation McKinney,Texas 75069
Collin County 210 S. McDonald Street
28 FM 544 Commissioner's Court McKinney,Texas 75069
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF WYLIE, AS HERETOFORE AMENDED,
SO AS TO CHANGE THE ZONING ON THE HEREINAFTER
DESCRIBED PROPERTY,ZONING CASE NUMBER 2001-06,
TO B-1, BUSINESS DISTRICT CLASSIFICATION;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the City of
Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of
the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise,
and after holding due hearings and affording a full and fair hearing to all property owners generally
and to owners of the affected property, the governing body of the City is of the opinion and finds that
the Comprehensive Zoning Ordinance and Map should be amended;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1.
That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is
hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described
property within the City of Wylie a zoning classification of B-1, Business District Classification, said
property being described in Exhibit "A" attached hereto and made a part hereof for all purposes.
SECTION 2.
That all ordinances of the City in conflict with the provisions of this ordinance be, and the
same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of
this ordinance shall remain in full force and effect.
SECTION 3.
That the above described property shall be used only in the manner and for the purposes
provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting
of this zoning classification.
SECTION 4.
Any person, firm or corporation violating any of the provisions of this ordinance or the
Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject
to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or
is hereafter amended.
SECTION 5.
Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this
ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid,
illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance
as a whole.
SECTION 6.
This ordinance shall be in full force and effect from and after its adoption by the City Council
and publication of its caption as the law and the City Charter provide in such cases.
SECTION 7.
The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not
be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall
it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue,
nor as effecting any rights of the municipality under any section or provisions of any ordinances at
the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie,
Texas, this day of , 2001.
By
John Mondy, Mayor
ATTEST:
Barbara Salinas, City Secretary
EXHIBIT "A"
SITUATED in the State of Texas, County of Collin and City of Wylie, being part of the E.C.
Davidson Survey, Abstract No. 267, being Lot 1, Block 1 of the Wylie Shopping Village No. 1, an
addition to the City of Wylie as recorded in Cabinet G, Page 542 of the Map Records of Collin
County, Texas;
BEGINNING at a 1/2-inch iron rod found marking the most westerly northwest corner of said
addition, said corner being in the southeast right-of-way line of State Highway No. 78;
THENCE with a northeast line of said addition, South 32 deg, 32 min. 07 sec. East, 559.09 feet to
a '/2-inch iron rod set for corner;
THENCE with a north line of said addition, South 88 deg. 28 min. 00 sec. East, 117.67 feet to a '/2-
inch iron rod set for corner;
THENCE with the east line of said addition, South 01 deg. 32 min. 00 sec. West, 130.00 feet to a
1/2-inch iron rod set for corner;
THENCE with a south line of said addition, North 88 deg. 28 min. 00 sec. West, 171.23 feet to a '/2-
inch iron rod set for corner;
THENCE with a southeast line of said addition, South 57 deg. 27 min. 53 sec. West, 194.07 feet to
a '/2-inch iron rod set marking the most southerly corner of said addition;
THENCE with the southwest line of said addition, North 32 deg. 32 min. 07 sec. West, 600.00 feet
to a 1/2-inch iron rod found in the southeast right-of-way line of State Highway No. 78 and marking
the northwest corner of said addition;
THENCE with the southeast right-of-way line of said roadway as follows:
North 45 deg. 33 min. 53 sec. East, 69.75 feet to an "X" for corner in a concrete driveway
turn-in; North 52 deg. 12 min. 00 sec. East, 244.04 feet to the place of beginning and
containing 207,690 gross square feet or 4.768 gross acres of land , of which 2,850 square feet
or 0.065 acres of land were dedicated for road R.O.W. per plat leaving 204,840 net square
feet or 4.703 net acres.
WYLIE CITY COUNCIL
AGENDA ITEM NO. ri
June 12, 2001
Issue
Hold a public hearing to consider and act upon approval of a request for a change in zoning from
Agriculture (A)District to Planned Development (PD) District for Church Related Activities, for a
15.00 acre tract generally located at the northwest corner of Country club road (FM 1378) and
McMillen road (CR 298), situated in the William Patterson Survey, Abstract No. 716, City of Wylie,
Collin County, Texas. (Zoning Case 2001-07)
Background
The applicant is requesting rezoning of the subject property in order to develop a multi-building
complex for church-related uses. The development will be constructed in several phases, with the
multi-purpose building being the initial phase, followed by the education center.
The total size of the subject property is 15 acres. The property fronts 1,021 feet along Country Club
Road (FM 1378) and 639 feet along McMillen Road (CR 298). The property is currently zoned
Agriculture (A) District and is not platted.
The properties to the west and north are zoned for Agriculture(A) uses and are undeveloped except
for limited agricultural uses, telecommunications towers and a Bed-and-Breakfast operation. The
properties to the east, across Country Club, are zoned Retail (R) and Business-1 (B-1) and are
undeveloped. The property to the south, across McMillen, is zoned for Single Family-1 (SF-1)
Residential uses and developed with such low-density residential uses.
Public Comment Forms were mailed to ten (10) property owners within 200 feet of this request.
Four Public Comment Forms have been returned, all against the request.
Financial Considerations
Rezoning application fee - Paid
Other Considerations
• Churches and Houses of Worship are permitted within the Agriculture (A) District as well as all
Residential Districts. However, the structure must conform to all of the Development Standards
required for the zoning district in which it is located. Nor more than a single main building may
be erected on a single lot of record, and the church anticipates several major structures. The
height limitation within the Agriculture District as well as within most Residential Districts is
thirty-six(36) feet, and the church anticipates structures which may require a height of sixty feet.
The Planned Development District classification allows the flexibility in the use and design of
land and buildings to achieve these varied plans while complying with the intent of the Zoning
Ordinance and conforming to neighboring land uses.
• The Comprehensive Plan recommends Suburban Residential uses for the property. The Plan
defines the Suburban Residential category as single-family detached residential lots ranging in size
from 1/5 acre to one acre with urban streets and amenities. The requested Planned Development
District establishes a base zoning of Single Family-l0 Residential (SF-10) District, which is
consistent with the recommendations of the Comprehensive Plan.
• The property must be platted prior to the issuance of any building permits.
Board/Commission Recommendations
At the May 15, 2001 Planning and Zoning Commission meeting, the Commission voted 7-0 to
approve the zone change request.
Staff Recommendations
Approval. The proposed zoning and land uses are consistent with the Comprehensive Plan and
compatible with the surrounding existing development and zoning.
The Departments of Development Services, Public Works, and Fire concur with this
recommendation.
Attachments
Location Map
Property Owner Notification List and Map
Ordinance
Conditions of the Planned development District and detailed Site Plan
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ZONING CASE #2001 -07
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NOTIFICATION REPORT
APPLICANT: Wylie United Methodist Church APPLICATION FILE #2001-07
203 N.Jackson Street Wylie,Texas 75098
# BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS
Applicant 203 N.Jackson Street
1 Abst 716-2 Part of Tract 27 -- R-6716-002-0270-1 Wylie United Methodist Church Wylie,Texas 75098
Engineer 803 East Main
2 RLK Engineering Allen,Texas
McMillen Estates 1740 McMillen Road
3 --- Lot 1-5 R-3251-000-0015-1 Gary Weberg Wylie,Texas 75098
McMillen Estates P.O. Box 1044
4 --- 1-6 R-3251-000-0016-1 Patrick Jojola Wylie,Texas 75098
McMillen Estates 1720 McMillen Road
5 --- 1-7 R-3251-000-0017-1 Mario Aguilar Wylie,Texas 75098
McMillen Estates 1710 McMillen Road
6 --- 1-8 R-3251-000-0018-1 Robert Washburn Wylie, Texas 75098
McMillen Estates 1355 FM 1378
7 --- 1-9 R-3251-000-0019-1 Tommy Langston Wylie, Texas 75098
4835 W. Lawther Drive#706
8 Abst. 716-2 Tract 27 R-6716-002-0270-1 Mrs.A.J. Daugherty Dallas,Texas 75214-1843
6606 Mapleshade Lane#16E
9 Abst 629 Tract 9 R-6629-000-0090-1 Birmingham Land Ltd. Dallas,Texas 75252-8558
6606 Mapleshade Lane#16E
10 Abst 22 Tract 1 R-6022-000-0010-1 Birmingham Land Ltd. Dallas,Texas 75252-8558
Bill Lovil, P.E. P.O.Box 90
11 FM 1378 Texas Dept. of Transportation McKinney,Texas 75069
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF WYLIE, AS HERETOFORE AMENDED,
SO AS TO CHANGE THE ZONING ON THE HEREINAFTER
DESCRIBED PROPERTY,ZONING CASE NUMBER 2001-07,
TO PD, PLANNED DEVELOPMENT DISTRICT
CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the City of
Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of
the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise,
and after holding due hearings and affording a full and fair hearing to all property owners generally
and to owners of the affected property, the governing body of the City is of the opinion and finds that
the Comprehensive Zoning Ordinance and Map should be amended;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1.
That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is
hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described
property a new zoning classification of PD, Planned Development District Classification, said
property being described in Exhibit "A and B" attached hereto and made a part hereof for all
purposes.
SECTION 2.
That all ordinances of the City in conflict with the provisions of this ordinance be, and the
same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of
this ordinance shall remain in full force and effect.
SECTION 3.
That the above described property shall be used only in the manner and for the purposes
provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting
of this zoning classification.
SECTION 4.
Any person, firm or corporation violating any of the provisions of this ordinance or the
Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject
to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or
is hereafter amended.
SECTION 5.
Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this
ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid,
illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance
as a whole.
SECTION 6.
This ordinance shall be in full force and effect from and after its adoption by the City Council
and publication of its caption as the law and the City Charter provide in such cases.
SECTION 7.
The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not
be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall
it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue,
nor as effecting any rights of the municipality under any section or provisions of any ordinances at
the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie,
Texas, this day of , 2001.
By
John Mondy, Mayor
ATTEST:
Barbara Salinas, City Secretary
EXHIBIT "A"
BEING a tract of land in the William Patterson Survey, Abstract No. 716, situated in Collin County,
Texas and being a part of that certain 199.22 acre tract of land conveyed to A.J. Daugherty and wife,
Johnnie M. Daugherty by deed recorded in Volume 555, Page 68 of the Real Property Records of
Collin County, Texas, and being more particularly described as follows:
BEGINNING at a point of the West right-of-way line of F.M. Road No. 1378 (90.0 feet wide), said
point being South 01 degree 41 minutes 41 seconds West, 260.0 feet from the Southeast corner of
that certain 10.0 acre tract of land conveyed to Matthew M. Butschek by deed recorded in County
Clerk Document No. 97-0001744 of the Real Property Records of Collin County, Texas;
THENCE, along said West right-of-way line of F.M. Road No. 1378 as follows:
South 01 degree 41 minutes 41 seconds West, 176.87 feet to an angle point;
South 01 degree 15 minutes 52 seconds West, 844.50 feet to the Southeast corner of said
199.22 acre tract, said point being in the centerline of County Road No. 298;
THENCE, North 89 degrees 23 minutes 44 seconds West, along said centerline of County Road No.
298 and the South line of said 199.22 acre tract, 639.36 feet;
THENCE, North 01 degree 15 minutes 52 seconds East, 1022.33 feet;
THENCE, South 89 degrees 18 minutes 30 seconds East, 640.68 feet to the PLACE OF
BEGINNING, and CONTAINING 15.00 acres of land, more or less.
EXHIBIT "B"
CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT
Wylie United Methodist Church
Country Club Road (FM 1378) at McMillen Road (CR 298)
GENERAL CONDITIONS
1. This Planned Development district shall not affect any regulation found within the Code of Ordinances,
except as specifically provided herein.
2. All regulations of SF-10 District set forth in Article 3, Section 3.2, C.3 of the Comprehensive Zoning
Ordinance(adopted as of July 25,2000) are included by reference and shall apply except as provided
herein.
SPECIAL CONDITIONS
1. Height of structures shall be limited to 60'.
2. Exterior walls which face directly or within 45 degrees of a property line shall be composed of a
minimum of 25%primary masonry product, a maximum of 75%secondary masonry product,and no
more than 20%other non-masonry materials,excluding doors,windows and window walls. Primary
masonry shall mean brick,stone,form-decorated tilt concrete wall,form-decorated concrete block or
veneer simulations of these materials. Secondary masonry shall mean exterior insulation finish systems
of natural aggregates and synthetic binders having a minimum applied thickness of %inch,or glass
block. The Building Official may approve a masonry alternate when such material has a masonry
appearance and is demonstrated to be as durable as exterior unit masonry materials.
3. Three monument signs may be permitted. One at the corner of FM 1378 and McMillen, and one at each
entry to the property from FM 1378 and from McMillen.
4. Minimal roof slope shall be 3:12.
5. Only the following uses shall be permitted:
A. Church related activities to include,but not limited to:
Worship
Christian Education
Youth and Children's programs
Day Care
Church Recreation
Church Administration
Pre-School
Christian School
B. Meetings and activities of non-profit community oriented groups as approved by church trustees.