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 .
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; 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
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Page 4 of 4
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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
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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
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