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HomeMy WebLinkAbout95-02 RESOLUTIONRESOLUTION NO. 95-02 A RESOLUTION APPROVING RENEWAL OF THE 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 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 renewal of the 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 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 June, 2002. ATTEST: By H ATHER OODRUFF ity Clerk APPROVED: • NAME OF FILE: CROSS REFERENCE: Resolution No. 95-02 06/18/02 Resolution No. 95-02 06/18/02 Renewal of Contract operate and maintain residents of Fayetteville. with Central Emergency Medical an emergency ambulance service Services, Inc. to to serve the 05/27/83 Letter to Central Emergency Medical Service, Inc. from R. C. Voskuil, District Director, Internal Revenue Service, Department of the Treasury 05/21/02 Certificate of Liability Insurance 06/18/02 Staff Review Form 06/19/02 Memo to Chris Bosch, Fire Chief, from Heather Woodruff, City Clerk NOTES: • CITY OF FAYETTEVILLE • ORIGINAL CONTRACT FOR EMERGENCY MEDICAL TRANSPORT SERVICES oth This Agreement is entered into on this /a day of, hereinafter known as the "City" and Central Emerge "CEMS, "an Arkansas not-for-profit corporation. between the City of Fayetteville, Medical Service, hereinafter known as 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 • • 155.95- at 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. 5. CEMS agrees to make available records for review by the City and City 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). 6. 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. 7. Terms of Performance. The term of performance for this agreement will expire December 31, 2002 and may be extended for an additional three years subject to approval of a budget containing funding for the service. 8. 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. Budget. The City agrees to pay and CEMS agrees to accept, as payment in full for its services, in 2002, $145,237.00. 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. 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 Page 2 of 4 • • As .9S-04 addressed to the City listing the above coverage's is to be submitted with contract approval. The premiums for all insurance required herein wil)'be paid by CEMS. 11. Emergency Medical Services Committee. CEM and the City agree to establish a standing Emergency Medical Service (EMS) -Oversight Committee. 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 no Tess than twelve (12) times in a 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 m 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 Dan Coody Mayor 113 West Mountain St. Fayetteville, AR 72701 Fayetteville Fire Dept. Chris Bosch Fire Chief, 303 W. Center St. Fayetteville, AR 72701 CEMS Tony Hickerson Director 645 S School Ave 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. 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. Page 3 of 4 • • RES. 9S -oz 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 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 Eme Medical Services, Inc. Ton 'ckerson, Director Attested By: Page 4 of 4 Attested By: . • • : • ,QEs. fIe a , Internal Revenue Service Department 9f the Treasury :District Director 1 E Date: May 27, 1983 Person to Contact E0 Technical Assistor Contact Telephone Number: (2141 767-2728 E0:7215:WHJ D° Central Emergency Medical Service, Inc. 614 North College Ave. .Fayetteville, AR 72701 • Dear Applicant: Based on the information you recently submitted, we have classified your organization as one that is not a private foundation within the meaning of section 509(a) of the Internal Revenue Code becauseyou are an organization described in section 502(a)C21. Your exempt status under section .501(0)(3) of the Code is still in effect. This.olassifioation is based..on the assumption that'your operat.ions;.will ,. continue as you have stated. If your 'sources of'sup'port: 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 11 Sinoorely yours; R. C. Voskull District Director Letter 1078(1)0) (6-77) • • Internal Revenue Service :District Director Date: May 27, 1983 • ° Central Emergency Medical Service, Inc. 614 North College Ave. Fayetteville, AR 72701 • Dear Applicant: • SEs 9S - Department 9f the Treasury • lemon to Contact EO Technical Assistor Contact Telephone Number. 02141 767-2728 • E0.7215:WHJ Based on the information you recently submitted, we have classified your organization as one that is 'not a private foundation within the meaning of section .509(a) of the Internal Revenue Code because you are an organization described in section 502(a)(21. - • Your exempt status under section .501(c)(5) of the Code is still in effect. This .glassifiCation is•based..on the assumption that your operationsLyill >. continue as yogi have stated.'It your soitr`oes of support; or yenr 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. • 11411 r`a.........Y ea. f\..._- r_--__ xaaa • Sincerely yours; R C. Voskuil District Director 1 au.. 1 r17enan..t.7T Interni Revenue Service :District Director Data May 27, 1983 D Central Emergency Medical Service, Inc. 614 North College Ave. Fayetteville, AR 72701 • --- Dear Applicant: 4s 9S-4? Department 9f the Treasury • Person to Contact: • Eo Technical Assistor Contact Telephone Number (2141 767-2728 E0:7215:WHJ t Based on the information you recently submitted, we have olassified your organization as one that is not a private foundation within the meaning of section 509(a) of the Internal Revenue Code because.you are an organization described in section 502(a)Q1. • Your exempt status under section 501(0)(3) of the Code'is still in effect. This.olassifioation is based. on the assumption that'your operations;,will continue as you have stated. IP. your sources of support. or' your'purposes,- ' character, or method of operation change. please let us know soils 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. • 11fin r ...---- 0. tiu-- Y_____ «.w •w Sincerely yours; R. C. Voskull District Director 1 alms tfl7oinn% IC -77% 9�c-o ACORDSCERTIFICA INSR TYPE OF INSURANCE 01 FLIABILITY NSUR CEMATTER R DATE (MWDO/YY) 0 MarkRMcNaiRESENFATIVE Mark PRD McNair & P.O. Box 201 N. East •Fayetteville, Associates 819 21 Ave. AR 72702-0819 1 7 THIS ISTIFICATE OF INFORMA21/2 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 645 S Fayetteville, I Emergency Medical Service Inc School AR 72701 INSURER A: American Alternative Ins Corp INSURER B: Liberty Mutual X COMMERCIAL GENERAL LIABILITY INSURERC: INSURER D: INSURER E: VERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERMOR 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 TYPE OF INSURANCE POLICY NUMBER DATE (MMDDIVYYY) PDATE IMMDIEXPIRATION MarkRMcNaiRESENFATIVE Mark LIMITS A GENERAL LIABILITY CL00013954/000 07/01/2001 07/01/2002 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any ane lire) $ 1,000,000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $ 5,000 CLAIMS MADE X OCCUR PERSONALBADV INJURY $ 1,000,000 1 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 GEM AGGREGATE LIMIT APPLIES PER: POLICY n JEOT I I LOC A AUTOMOBILE LIABILITY CM10011654/000 07/01/2001 07/01/2002 COMBINED SINGLE LIMIT (Ea accident) $ X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident $ — HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ - GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ A EXCESS LWRUTV CU50050802/000 07/01/2001 07/01/2002 EACHOCCURRENCE $ 1,000,000 AGGREGATE $ OCCUR CLAIMS MADE GENERAL AGG s 2,000,000 $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC735S330860-012 01/01/2002 01/01/2003 IroRvi rtM s 1°R E.L EACH ACCIDENT' $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 3 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION City of Fayetteville 113 W Mountain Fayetteville, AR 72701 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES 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, BUT OF FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR LIAR ANY KIND UPON THECOM Y, ITS AGENTS ORREPRES TATWES. •• MarkRMcNaiRESENFATIVE Mark Ni, --)e,„ j, 6 Y � k 1 ; —1 Li G McNair ACORD 25-S (7/97) ®ACORD CORPORATION 1988 C L Ir • • • 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) X AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of • STAFF REVIEW FORM TTIA�J9. f8 Z.00Z FROM: CHRIS BOSCH, FIRE CHIEF Name OPERATIONS FIRE Division Department ACTION REQUIRED: A RESOLUTION TO RENEW THE CONTRACT WITH CENTRAL EMERGENCY MEDICAL SERVICES, INC. COST TO CITY: $ 145,237.00 Cost of this Request 1010-6600-5705.00 Account Number Project Number ) 237 TRANSFER TO CEMS Category/Project Budget Category/Project Name $ 24,207.00 Funds Used to Date Program Name $ 121,030.00 1010 Remaining Balance Fund BUDGET ' EVIEW: Budgeted Item oat Budget Manager Budget Adjustment Attached Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: 61714Si s/ z,Joa Acccuuntthg Manager Date internal Auditor Date C--DY/ ' -p LUAg ABomey Da / ADA Coordinator Date 5 a ba— Purchasing Officer Date STAFF RECOMMENDATION: 5—TA-Fr R£.c.oMAACk.)ps 4,019126t It or This 2£sot onoro . Division Head Date CrossReference Neww Item: em: Yes No nt Dbector Date Prev Ord/Res p: RESOLUTION 129-01 �dmQ3tor ,��a7/i%Z Orig Contract Date: SEPT. 18, 2001 dmnfnistratfve Services Director Date Mayor Orig Contract Number. s F 0 FAYETTEVA.LE THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Chris Bosch, Fire Chief From: Heather Woodruff, City Clerk Date: June 19, 2002 Please find attached a copy of Resolution No. 95-02 approving renewal of the contract for services 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. The original will be microfilmed and filed with the City Clerk. I am returning two (2) contracts to you. cc: Nancy Smith, Internal Audit Note: Res. 129-01 09/18/01 • • c 0