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HomeMy WebLinkAboutOrdinance 4676 ORDINANCE NO. ,. 4676 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A CONTRACT FOR SERVICES IN THE AMOUNT OF $250,000.00 BETWEEN THE CITY OF FAYETTEVILLE AND CENTRAL EMERGENCY MEDICAL SERVICES, INC. TO OPERATE AND MAINTAIN AN EMERGENCY AMBULANCE SERVICE TO SERVE THE RESIDENTS OF FAYETTEVILLE WHEREAS, providing high-quality, reliable emergency ambulance service to the citizens of our community is of great importance to the City of Fayetteville, and; WHEREAS, Central Emergency Medical Services, Inc. is the only provider of emergency ambulance services in reasonable proximity to the City of Fayetteville, and; WHEREAS, were it not for the services offered by the Central Emergency Medical Services, Inc., the City of Fayetteville would be required to assume the duty of providing emergency ambulance service to its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby finds that such circumstances constitute an exceptional situation where competitive bidding is not feasible or practical, and waives the requirements of formal competitive bidding and approves a contract for services in the amount of $250,000.00 between the City of Fayetteville and Central Emergency Medical Services, Inc. to operate and maintain an emergency ambulance service to serve the residents of Fayetteville. A copy of the agreement is attached hereto marked Exhibit "A" and made a part hereof. PASSED and APPROVED this 151h day of February 2005 . TR k0 ;Eyk E9SG. •G\SY �pjp47�1� 00c.� pc S APPROV ; FAYETiEVILLE4.; SPPoo By: p D COODY, Mayor ATTEST: ��.;;;GTON J%% � By 14� &I.[ `- SONDRA SMITH, City Clerk CITY OF FAYETTEVILLE CONTRACT FOR EMERGENCY MEDICAL TRANSPORT SERVICES This Agreement is entered into on this 1st day of, February 2005 between the City of Fayetteville, hereinafter known as the "City" and Central Emergency Medical Service, hereinafter known as "CEMS, "an Arkansas not-for-profit corporation. WHEREAS the City has determined that a public need exists for an emergency ambulance service that operates within the city limits of Fayetteville to serve Fayetteville residents, WHEREAS CEMS has developed an emergency ambulance service that operates within the City limits and serves Fayetteville residents. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and CEMS agree as follows: 1 . This Agreement will begin on the date first written above. 2. CEMS agrees to develop, operate, and maintain an Advanced Life Support (ALS) Emergency Ambulance Service that serves Fayetteville residents and responds to all emergency medical calls for service within the city limits of Fayetteville, Arkansas. This ALS service will be provided in conjunction with the Fayetteville Fire Department's emergency response units with the Fayetteville Fire Department agreeing to provide Basic Life Support (BLS) Non- Transport Emergency Response Service. The Fire Department shall maintain control over the use of Fire Apparatus as First Response Units and CEMS shall maintain control over the use of Ambulances. 3. The Fayetteville Fire Department agrees to operate according to the established patient treatment protocols, as identified by the CEMS' Medical Director, from the time patient contact is made until the time the patient is removed from the incident scene and transported, via ALS Ambulance, to a recognized medical treatment facility or hospital, or until CEMS personnel determine the call is a no-transport. 4. CEMS agrees to provide written quarterly and annual reports to the City's Project Coordinator, describing the activities undertaken during the preceding period and also to report on the following performance measures: Number of calls responded to, average response time for these calls, type of patient service provided for each response. (Whether the patient accepted or declined care). The parameters for calculating the average response time will be from the time the call is verified at the CEMS medical communications center until arrival at the incident location by the first arriving transporting Ambulance. "Time call is verified," shall be the moment the communications center personnel receive both sufficient location information to know where a response is required and sufficient information to determine the presumptive run priority designation. "Arrival at incident location," means the Page 1 of 4 moment an ambulance crew notifies the medical communication center that it is fully stopped at the location where the ambulance shall be parked while the crew exits to approach the patient. In situations where the ambulance has responded to a location other than the scene (e.g. staging areas for hazardous material/violent crime incidents or non-secured scenes), arrival at the scene shall be the time the ambulance arrives at the designated staging location. The quarterly reports are to be submitted to the Project Coordinator by April 10, July 10, October 10, and January 10 for the preceding calendar quarter. The data used to compile these reports will include only those calls for service within the corporate city limits of the City of Fayetteville, Arkansas and will be reported for the current quarter, current year- to-date, and prior year-to-date. 5 . CEMS commits to maintaining an average response time not to exceed (8) minutes within the City of Fayetteville' s corporate limits for the duration of this contract. 6. CEMS agrees to make both financial and response data records available for review by the Project Coordinator and the City' s Internal Auditors as requested, and to provide the City with an annual audit performed by a certified public accountant licensed by the State of Arkansas. CEMS agrees to comply with the Arkansas Freedom of Information Act as applicable. Requests for records shall follow compliance requirements of the Health Insurance Portability and Accountability Act (HIPAA) 7. For the purposes of this Agreement, the Project Coordinator for the City will be the City Fire Chief or his/her designee. The Project Coordinator for CEMS will be CEMS Director Tony Hickerson or his successor or designee. Communications pertaining to this agreement will be through the respective Project Coordinators for the City and CEMS. 8. Terms of Performance. The term of performance for this agreement will expire December 31 , 2005 and may be extended for an additional three years subject to approval of a budget containing funding for the service.*CEMS will hold harmless, defend, and indemnify the City, from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the performance or nonperformance of the services or subject matter in this Agreement. 9. Budget. The City agrees to pay and CEMS agrees to accept, as payment in full for its services, during 2005 the amount of $250,000.00. The amounts to be paid for services in future budget years are dependent on the amounts appropriated by City Council for each budget year. 10. CEMS must provide and maintain in force, at all times during the term of the contract, insurance for worker's compensation as provided by state statute, commercial general liability, and vehicle liability. Such policies will be issued by companies authorized to do business in the State of Arkansas. Minimum amounts required for commercial general liability and vehicle liability are $ 1 ,000,000. Page 2 of 4 11 . For any work sublet, CEMS will require the subcontractor to provide similar worker' s compensation insurance. In case any employee engaged in work on the project under this contract is not protected under workers' compensation insurance, CEMS will provide and will cause each subcontractor to provide adequate employers' liability insurance for the protection of such of his employees as are not otherwise protected. A certificate of insurance addressed to the City listing the above coverage's is to be submitted with contract approval. The premiums for all insurance required herein will be paid by CEMS . *Emergency Medical Services Workgroup. CEMS and the City agree to establish a standing Emergency Medical Service (EMS) Workgroup. This EMS Committee shall consist of three (3) representative from CEMS, three (3) representatives from the Fire Department and two (2) representatives from the Police Department' s Central Dispatching Office. This group will meet to discuss the coordination of services, facilitate the exchange ideas to enhance the quality of service being provided and develop a problem solving mechanism for issues that may arise. This Committee will meet as requested by a member of the workgroup, least once every quarter during the calendar year. 12. The City agrees to compensate CEMS in the form of equal monthly installments with any remaining balances, for the calendar year, to be paid in December of the respective year. 13 . Notices. All notices required or permitted under this agreement will be submitted in writing to the other party in this agreement by certified mail, return receipt requested, with the notice becoming effective no less than three (3) days after deposit therein addressed to the following: City of Fayetteville Fayetteville Fire Dept. CEMS Dan Coody Chris Bosch Tony Hickerson Mayor Fire Chief, Director 113 West Mountain St. 303 W. Center St. 645 S School Ave Fayetteville, AR 72701 Fayetteville, AR 72701 Fayetteville, AR 72701 14. Neither party may assign any of its rights or obligations under this agreement, without the express written consent of the other party. Nor shall this agreement be construed to bestow any rights or benefits upon anyone other than CEMS and the City. 15 . A waiver by either party of any terms or conditions herein shall be limited to that particular instance, and shall not be construed as a general waiver of any other breaches by either party. 16. Agreement constitutes the entire understanding of the parties, and no modification or variation of the terms of this agreement shall be valid unless made in writing and signed by the duly authorized agents of the City and CEMS . Page 3 of 4 17. Severability. Each paragraph of this agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs will remain in full force and effect. 18. Interpretation. This agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. 19. Tax Exempt Status: Attached hereto and made part hereof is a copy of the correspondence from the Internal Revenue Service dated 5- 2783 confirming the 501 (c)(3) tax exempt status of the Central Emergency Medical Service. IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above. Central Emer e y Medical Services, Inc. City of F teville Ton ickerson, Director Dan C000dy, M/ ayor S )vo�v— �w t Attested By: Attested By: ``8� '.'.'.C'/Ty���,' .� . a 71 :5A :ZEN �0 9s F ' 004;,411Y 0'''1uuunn0' "�. Page 4 of 4 Olt 4d ra ( 601-er cy City Council Meeting of F ruary 92005 CITY COUNCIL AGENDA MEMO To: Mayor and City Council From: Chris Bosch, Fire Chief Date: January 10, 2005 Subject: Resolution approving a contract for ALS/Transport Ambulance Service with CEMS in the amount of $250,000. RECOMMENDATION The Fire Department recommends approval of a Resolution awarding the annual contract for Advanced Life Support Ambulance Transport service to Central Emergency Medical Service, Inc. (CEMS) in the amount of $250,000. BACKGROUND This agreement involves an annual contract for Advanced Life Support Ambulance Transport service between the City of Fayetteville and CEMS. DISCUSSION As you know, for the past several years the City of Fayetteville has contracted with CEMS to provide advanced life support transport ambulance service on behalf of the citizens of Fayetteville. Currently the Fire Department maintains a strong and effective relationship with CEMS and both agencies working toward providing the most efficient and effective emergency medical service in the region. Both agencies collaborate to maintain a tiered emergency response system with the Fire Department providing Basic Life Support in conjunction with CEMS' providing Advanced Life Support and transport ambulance service. This tiered system of service ensures that the Citizens of Fayetteville receive care as quickly as possible. During 2004 the City of Fayetteville conducted a research project focused on finding methods of improving the emergency medical system in Fayetteville. This study resulted in a joint recommendation from the City Research Team and representatives from Washington County to share the expense of contracting with a consultant in an effort to begin developing an improved EMS response system for the City of Fayetteville and Washington County. It is anticipated this study will begin after the first of the year with the selection of a consultant who will develop and present his/her recommendations once completed. BUDGETIMPACT This is a budgeted item with an overall annual cost of $250,000. This cost is paid out in twelve ( 12) equal installments with CEMS submitting monthly bills for service. ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A CONTRACT FOR SERVICES IN THE AMOUNT OF $250,000.00 BETWEEN THE CITY OF FAYETTEVILLE AND CENTRAL EMERGENCY MEDICAL SERVICES, INC. TO OPERATE AND MAINTAIN AN EMERGENCY AMBULANCE SERVICE TO SERVE THE RESIDENTS OF FAYETTEVILLE. WHEREAS, providing high-quality, reliable emergency ambulance service to the citizens of our community is of great importance to the City of Fayetteville, and; WHEREAS, Central Emergency Medical Services, Inc. is the only provider of emergency ambulance services in reasonable proximity to the City of Fayetteville, and; WHEREAS, were it not for the services offered by the Central Emergency Medical Services, Inc., the City of Fayetteville would be required to assume the duty of providing emergency ambulance service to its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby finds that such circumstances constitute an exceptional situation where competitive" - bidding is not feasible or practical, and waives the requirements of" _fo" dl' 1 competitive bidding and approves a contract for services in the T'16un�of $250,000.00 between the City of Fayetteville and Central Em�' gently Medical Services, Inc. to operate and maintain an emergency ambulan serviudo sereI the residents of Fayetteville. A copy of the agreement is attache1d reto,marked E ibit "A" and made a part hereof. PASSED and APPROVED-this 15t day,l P eruary 2005. EPR VED: By./ DAN COODY, Mayor ATTEST By: SMDRA/S ITH,City Clerk STAFF VIEW FORM - FINANCIAL OBLIGATI AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council Meeting of : February1 , 2005 FROM : Chris Bosch Fire Administration nn DFiirre}� Name ,4 5,,4 ,-Division L!/Gil ✓ pro or �Ti !'YY/ T1 a /,in nt rr/G� i r ACTION REQUIRED : A-reaolut on approving us cLoontract0 with Central Emergency Medical Servcies , Inc . for 2005 in the amount of $250 , 000 for emergency ambulance transport service in the City of Fayetteville . COST TO CITY : $250 , 000 . 00 $ 250 , 000 . 00 Transfer to CEMS Cost of this request Category/ Project Budget Program Category / Project Name 1010- 6600- 5705 . 00 $ - Emergency Medical Contract Account Number Funds Used to Date Program / Project Category Name $ 250 , 000 . 00 Sales Tax General Project Number Remaining Balance Fund Name BUDGET REVIEW : X Budgeted Item Budget Adjustment Attached Budget Manager Date CONTRACT/GRANT/LEASE REVIEW : Accounting Manager Date Internal Auditor Date City AttJ6rney Date Purchasing Manager Date STAFF RECOMMENDATION : �/ Received in Mayor ' s Office � Q l Z>S Division Headd� Date Date ( _,Oj55� QJP-a.�fG— /// /() Cross Reference : Department Direct Date Previous Ord/Res # : �.7 - / el, 05 Financef& Internal Services Dir . Date Orig . Contract Date : Orig . Contract Number : ChistAative Officer - ate New Item : Yes No ayor11te