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HomeMy WebLinkAbout129-01 RESOLUTION• RESOLUTION NO. 129-01 A RESOLUTION APPROVING A CONTRACT FOR SERVICES IN THE AMOUNT OF ONE HUNDRED FORTY-FIVE THOUSAND TWO HUNDRED THIRTY-SEVEN DOLLARS ($145,237.00) BETWEEN THE CITY OF FAYETTEVILLE AND CENTRAL EMERGENCY MEDICAL SERVICES, INC. TO DEVELOP, OPERATE, AND MAINTAIN AN EMERGENCY AMBULANCE SERVICE TO SERVE THE RESIDENTS OF FAYETTEVILLE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS• Section 1. That the City Council hereby approves a contract for services in the amount of One Hundred Forty -Five Thousand Two Hundred Thirty -Seven Dollars ($145,237.00) between the City of Fayetteville and Central Emergency Medical Services, Inc. to develop, 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. Section 2. That the City Council authorizes the Mayor or his duly authorized representative to sign said contract for services with Central Emergency Medical Services, Inc. PASSED AND APPROVED this 18th day of September, 2001. C : HATH.Z By: ER WOODRUFF, Cit Clerk APPROVED: By: NAME OF FILE• CROSS REFERENCE: Resolution No. 129-01 • 09/18/01 Resolution No. 129-01 09/18/01 Exhibit "A" (contract for services with Central Emergency Medical Service, CEMS) 05/27/01 Letter from R. C. Voskuil, District Director with the Internal Revenue Service to CEMS 09/10/01 Certificate of Liability Insurance with McNair & Associates 09/06/01 Memo to Fayetteville City Council thru Mayor Coody from Dennis Ledbetter, Interim Fire Chief, regarding Central Emergency Medical Service 09/18/01 Staff Review Form 09/25/01 Memo to Dennis Ledbetter, Fire Department, from Heather Woodruff, City Clerk NOTES: • • EXHIBIT A Cc o CE • 4s . /29 o! 09 CITY OF FAYETTEVILLE CONTRACT FOR SERVICES Loo/ This Agreement is entered into on this /1 day of,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 emergency ambulance service that serves Fayetteville residents and respond to all emergency medical calls for service within the city limits of Fayetteville in conjunction with the Fayetteville Fire Department's emergency response units. 3. CEMS agrees to provide written quarterly and annual reports to the City that describes 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, with the understanding that the parameters for calculating the average response time will be from the time the call is verified at the CEMS medical communication center until arrival at the incident location by the first arriving transporting ambulance. "Time call is verified" shall be the moment the communication 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 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 will be reported for the current quarter, current year-to-date, and prior year-to-date. 4. CEMS agrees to make available all records as required to confirm compliance with this contract for review by the City and City auditors as requested, and to provide the City with Page 1 of 4 X ai • • • Res. /29-0/ 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). 5. 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 Administrator Tony Hickerson or his successor or designee. Communications pertaining to this agreement will be through the respective Project Coordinators for the City and CEMS. 6. Terms of Performance. The term of performance for this agreement will expire December 31, 2001 and may be extended for an additional three years subject to approval of a budget containing funding for the service. 7. CEMS will hold harmless, defend, and indemnify the City, from any and all claims, actions, suits, charges and judgements whatsoever that arise out of the performance or nonperformance of the services or subject matter in this Agreement. 8. Budget. The City agrees to pay and CEMS agrees to accept, as payment for its services under this contract, in 2001, $145,237.00 plus a City provided passenger vehicle or a light duty pickup truck to be used by CEMS for CEMS official business use. CEMS acknowledges that $96,825.00 has been paid through August 31, 2001 of the total amount contracted for in 2001. CEMS agrees to provide insurance coverage for the vehicle provided by the City and to maintain this vehicle to acceptable standards and schedules. The amounts to be paid for services in future budget years are dependent on the amounts appropriated by City Council for each budget year. Nothing in this paragraph shall be construed as prohibiting CEMS from charging and collecting fees for service, or receiving revenues and income from other sources. 9. 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 automobile 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 automobile liability are $1,000,000. For any work sublet, CEMS will require the subcontractor similarly to provide 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. Page 2 of 4 • • Ai. /29-0/ A certificate of insurance addressed to the City listing the above coverages is to be submitted with contract approval. The premiums for all insurance required herein will be paid by CEMS. 10. The City will make the payments in equal monthly installments with the left over amount being paid in December of each year 11. 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, which notice will be effective three (3) days after deposit therein addressed to the following: City of Fayetteville CEMS Dan Coody Tony Hickerson Mayor Administrator 113 West Mountain St. 645 South School Ave Fayetteville, AR 72701 Fayetteville, AR 72701 12. 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. 13. The parties agree and understand that this Agreement is exclusive of any and all other agreements, and that it in no way alters, amends or abridges any rights, obligations or duties of the parties contained in such agreements. 14. 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. 15. 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. 16. 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. 17. Interpretation. This agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. 18. Tax Exempt Status: Attached hereto and made part hereof is a copy of the correspondence from the Internal Revenue Service dated 05-27-1983 confirming the 501(c)(3) tax exempt status of the Central Emergency Medical Service. Page 3 of 4 Rt5. /29 0/ IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above. Central Emergengy Medical Services, Inc. City of Fayetteville Tony Dickerson, Administrator Attested By: Dan Coody, Mayor Attested By: Page 4 of 4 • • CITY OF FAYETTEVILLE CONTRACT FOR SERVICES This Agreement is entered into on this day of, 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 emergency ambulance service that serves Fayetteville residents and respond to all emergency medical calls for service within the city limits of Fayetteville in conjunction with the Fayetteville Fire Department's emergency response units. 3. CEMS agrees to provide written quarterly and annual reports to the City that describes 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, with the understanding that the parameters for calculating the average response time will be from the time the call is verified at the CEMS medical communication center until arrival at the incident location by the first arriving transporting ambulance. "Time call is verified" shall be the moment the communication 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 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 will be reported for the current quarter, current year-to-date, and prior year-to-date. 4. CEMS agrees to make available all records as required to confirm compliance with this contract for review by the City and City auditors as requested, and to provide the City with Page 1 of 3 • • 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). 5. 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 Administrator Tony Hickerson or his successor or designee. Communications pertaining to this agreement will be through the respective Project Coordinators for the City and CEMS. 6. Terms of Performance. The term of performance for this agreement will expire December 31, 2001 and may be extended for an additional three years subject to approval of a budget containing funding for the service. 7. CEMS will hold harmless, defend, and indemnify the City, from any and all claims, actions, suits, charges and judgements whatsoever that arise out of the performance or nonperformance of the services or subject matter in this Agreement. 8. Budget. The City agrees to pay and CEMS agrees to accept, as payment for its services under this contract, in 2001, $145,237.00 plus a City provided passenger vehicle or a light duty pickup truck to be used by CEMS for CEMS official business use. CEMS acknowledges that $96,825.00 has been paid through August 31, 2001 of the total amount contracted for in 2001. CEMS agrees to provide insurance coverage for the vehicle provided by the City and to maintain this vehicle to acceptable standards and schedules. Theamounts to be paid for services in future budget years are dependent on the amounts appropriated by City Council for each budget year. Nothing in this paragraph shall be construed as prohibiting CEMS from charging and collecting fees for service, or receiving revenues and income from other sources. 9. 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 automobile 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 automobile liability are $1,000,000. For any work sublet, CEMS will require the subcontractor similarly to provide 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. Page 2 of 3 • • A certificate of insurance addressed to the City listing the above coverages is to be submitted with contract approval. The premiums for all insurance required herein will be paid by CEMS. 10. The City will make the payments in equal monthly installments with the left over amount being paid in December of each year. 11. 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, which notice will be effective three (3) days after deposit therein addressed to the following: City of Fayetteville CEMS Dan Coody Tony Hickerson Mayor Administrator 113 West Mountain St. 645 S School Ave Fayetteville, AR 72701 Fayetteville, AR 72701 12. Tax Exempt Status: Attached hereto and made part hereof is a copy of the correspondence from the Internal Revenue Service dated 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 Emergency Medical Services, Inc. City of Fayetteville Tony Hickerson, Administrator Dan Coody, Mayor Attested By: Attested By: Page 3 of 3 Internal Revenue Service' :District Director • Inpartment 9f the Treasury Date: May 27, 1983 Person to Contact EO Technical Assistor Contact Telephone Number, Central Emergency Medical Service, Inc. 614 North College Ave. Fayetteville, AR 72701 • Dear Applicant: c2141 767-2728 E0:7215:WHJ Based on the information you recently submitted, we have classified your organization as one that isnot a private foundation within the meaning of section 509(a) of the Internal Revenue Code becauseyou are an organization described in section 502(a)(21. Your exempt status under section .501(c)(3) of the Code is still in effect. This.olassification is based..on:the assumption.that'"your operations.will • continue as you have stated. If your sources of support, or your, purposes, character, or method of operation change, please let us know so'we can consider the effect of the change on your exempt status and foundation status. Because this letter could help resolve any questions about your foundation status, you should keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown above. 1100 Commerce St., Dallas, Texas 75242 EB Sincerely yours; R C. Voskull District Director Letter 1078(D0) (6-77) L to 0' COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR CERTIFICAT I7 DATE (MWDDNY) POLICY EXPIRATION/Y DATE (MM/DD/YYI PRODUCER (501)521-7800 McNair & Associates P.O. Box 819 201 N. East Ave. Fayetteville, S2OFILIABILITY AR 72702-0819 GENERAL LIABILITY CL00013955/000 THIS TNISURCATE IS DASEMATTER OF INFO 09/101/2001 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Central Emergency Medical Service Inc 645 S School Fayetteville, AR 72701 I INSURER A: American Alternative $ 1,000,000 Ins Corp INSURER B: Travelers Insurance Company INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION/Y DATE (MM/DD/YYI OMITS A GENERAL LIABILITY CL00013955/000 AUTHORIZED REPRESENTATIVE 07/01/2001 07/01/2002 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) S 1,000,000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $ _ 5,000 CLAIMS MADE X OCCUR PERSONAL BADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: POLICY JEo n LOC A AUTOMOBILE LIABILITY CM10011655/000 07/01/2001 07/01/2002 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) S HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESSLIAOIUTY CU50050803/000 07/01/2001 07/01/2002 EACH OCCURRENCE $ 1,000,000 OCCUR CLAIMS MADE AGGREGATE $ GENERAL AGG s 2,000,000 $ DEDUCTIBLE S RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY XUB779D389501 01/01/2001 01/01/2002 TORY WCSTAMITS TH ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEES 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION 5S (7/97 ®ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Fayetteville BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 113 W Mountain OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Fayetteville, AR 72701 AUTHORIZED REPRESENTATIVE 1� n�0 Mark McNair/MARK I 1 1'JL11�l 1 'Q70 - 5S (7/97 ®ACORD CORPORATION 1988 • • IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25-S (7/97) To: Thru: From: Date: City of Fayetteville Fire Department 303 W Center St Fayetteville, Alt 72701 Fayetteville City Council Dan Coody, Mayor Dennis Ledbetter, Interim Fire Chief Fd-- September d'September 6, 2001 RE: Central Emergency Medical Service Central Emergency Medical Services (C.E M.S.) provides emergency medical care for the citizens of Fayetteville at a paramedic service level. They are known throughout the state region as a professional organization with very high standards of patient care. They also provide a non- emergency transport service for the citizens of Fayetteville and have a standby unit at all major events (football games, high school activities, city functions, etc.) and fire and police emergencies. The Fayetteville Fire Department works on a daily basis with (C.E.M.S.) them on their calls and other projects. Our engine companies respond on all injury related motor vehicle accidents and major medical calls. They also assist us by providing E.M.T. refresher courses for all of our personnel. The relationship between the City of Fayetteville and C. E.M.S. has worked for several years and this relationship provides an excellent service for the citizens of our community. The Fayetteville Fire Department and C.E.M.S. is submitting this contract (attachment) for your review and approval. This contract is required for all non-profit organizations that receive funds from the city. I am asking for your support of this contract so that we may continue this professional service for our citizens. Thank you and if you should have any further questions please call me at Ext. 365. DL/ca attachment M Fr be • • STAFF REVIEW FORM XX AGENDA REQUEST XX CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of September 18, 2001 FROM: Dennis Ledbetter Fire Name Division Department ACTION REQUIRED: Approval of a contract for services with Central Emergency Medical Services, Inc. COST TO CITY: $48,412.00 (cost remaining as of 9/1/01 145 237.00 Cost of this Request 1010-6600-5705.00 Account Number Project Number Category/Project Budget Category/Project Name 96,825.00 Miscellaneous Funds Used To Date Program Name 48,412.00 General Remaining Balance Fund BUDGET REVIEW: XX Budgeted Item Budget Adjustment Attached Bugea t anager Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: Accounting Manager C."1 tu torney Purchasing Officer GRANTING AGENCY: 7o Clc—al.fCl+ h o Date In ernal.0 rtor Date ADA Coordinator Date Grant Coordinator Date STAFF RECOMMENDATION: Approval of contract. Division Head Dep- ment D'r-ctor Admin'c���- I Ma ector Date Date V7/t1V/ Date Cross Reference New Item: Yes No Prev Ord/Res k: Orig Contract Date: Orig Contract Number: H:\BUDGE RIssucbud\Not For Profit Agencies\contract for services cems agenda request.wpd s R F • • STAFF REVIEW FORM - Page 2 Description Meeting Date Comments: Reference Comments: Budget Manager Accounting Manager City4r444.444, Atttofrrne/y� r7 Purchasing Officer ADA Coordinator Internal Auditor Grants Coordinator H:\6UDGETMssuebud\Not For Profit Agencies\contract for services cems agenda request.wpd FAYETTEVA.LE THE CITY OF FAYETTEVIIIE. ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Dennis Ledbetter, Fire Department From: Heather Woodruff, City Clerk Date: September 25, 2001 Attached is a copy of Resolution No. 129-01 approving a contract for services with Central Emergency Medical Services, Inc. to develop, operate and maintain an emergency ambulance service. I ani returning one contract to you. The original will be microfilmed and filed with the City Clerk. M Ci cc: Nancy Smith, Internal Audit