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
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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
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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
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c
0