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Home My WebLink About38-06 RESOLUTIONRESOLUTION NO. 38-06 A RESOLUTION APPROVING RENEWAL OF THE CONTRACT FOR EMERGENCY MEDICAL TRANSPORT SERVICES WITH CENTRAL EMERGENCY MEDICAL SERVICES (CEMS) IN THE ANNUAL AMOUNT OF $250,000.00 THROUGH DECEMBER 31, 2008 OR UNTIL THE EFFECTIVE DATE OF THE PUBLIC UTILITY MODEL IF ADOPTED SOONER. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS' Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves renewal of the Contract for Emergency Medical Transport Services with Central Emergency Medical Services (CEMS) in the annual amount of $250,000.00 through December 31, 2008. A copy of the Contract, marked Exhibit "A" is attached hereto, and made a part hereof. Section 2. That if the Public Utility Model is accepted and instituted for this service, this contract will automatically terminate upon the effective date of the Public Utility Model. PASSED and APPROVED this 7th day of March, 2006. APPROVED: By: DAN COODY, May ATTEST: By: �`�"R1VT R%.h • =`�-aG.'(,\l. Ot •.-p •11 -k- : -..c_): s c :FAYETTEVILLE: ;s.3 .............. 1,"%%‘• , •' SONDRA SMITH, City Clerk mjet • CITY OF FAYETTEVILLE CONTRACT FOR EMERGENCY MEDICAL TRANSPORT SERVICES This Agreement is entered into on this WA 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 LEMS 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 respond to all emergency medical calls for service within the city limits of Fayetteville. 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 Fayetteville 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 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 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 15, July 15,.October 15, and January 15 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 eight (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 Auditor 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 I the Arkansas Freedom of Information Act as applicable. Requests for records shall follow compliance requirements of the Health Insuratice 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 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. 8. The term of performance for this agreement will expire December 31, 2008, subject to approval of an annual City budget containing funding for the service. The City agrees to pay and CEMS agrees to accept, as payment in full for its services, the annual amount of $250,000.00 in twelve (12) monthly installments of $20,833.00. The amounts to be paid for services in future budget years are dependent on the amounts appropriated by City Council for each budget year. If the Public Utility Model is accepted and instituted for this service, this contract will automatically terminate upon the effective date of the Public .Utility Model. 9. 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. 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 automobile liability are $1,000,000. 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 amounts is to be submitted with contract approval. The premiums for all insurance required herein will be paid by CEMS. 12. CEMS and the City agree to establish a standing Emergency Medical Services (EMS) Workgroup. This EMS Workgroup shall consist of three (3) representatives from CEMS; three (3) representatives from the Fayetteville Fire Department; and two (2) representatives from the Fayetteville Police Department's Central Dispatching Office. This Workgroup will meet to discuss the coordination of services, facilitate the exchange of ideas to enhance the quality of service being provided and develop a problem -solving mechanism. This Workgroup shall meet as requested by any member of the Workgroup, but not less than once per quarter during the calendar year. 13. 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 Dan Coody, Mayor 113 West Mountain St. Fayetteville, AR 72701 Fayetteville Fire Dept. Tony Johnson, Fire Chief 303 W. Center St. Fayetteville, AR 72701 CEMS Tony Hickerson, Administrator 645 S School Ave Fayetteville, AR 72701 16. Neither party may assign any of its rights or obligations under this agreement, without the express written consent of the other. Nor shall this agreement be construed to bestow any rights or benefits upon anyone other than the City and CEMS. 17. It is•agreed and understood that the failure of either party to invoke any of the available remedies under this contract or under law in the event of one or more breaches or defaults by the other shall not be construed as 2 a waiver of such provisions and conditions and shall not prevent the parties from invoking such remedies in the event of any future breach or default. • 18. This contract contains the entire agreement of both parties hereto, and no other oral or written agreement shall be binding on the parties hereto. No modification or variation of the terms of this contract shall be valid unless made in writing and signed by the duly authorized agents of the City and CEMS. This contract supersedes all prior agreements, contracts and understandings of any kind between the parties relating to the subject matter hereof. This contract may be executed in all or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 19. Each paragraph of this contract 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 shall remain in full force and effect. 20. This contract shall be interpreted according to and enforced under the laws of the State of Arkansas. The parties further agree that any litigation arising from this contractual relationship shall be commenced in either the Circuit Court of Washington County, Arkansas; or the United States District Court for the Western District of Arkansas, Fayetteville Division. The parties hereby submit to the personal jurisdiction of said courts, and waive any objections to venue in said courts. 21. 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. By TONY Administrator 3 City of Fayetteville, Arkansas Tony Johnson Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 3/7/2006 City Council Meeting Date Fire Operations/Emergency Medical Fire Division Action Required: l/U6 g -o(4 ettAfra Cif f' 1i"t ` Cat gor c.1-5 Department Approval of Resolution for the City's contract with Central Emergency Medical Service (CEMS) an Arkansas not-for- profit corporation; to develop, operate, and maintain an advance life support ambulance service that serves the City of Fayetteville in conjunction with the Fayetteville Fire Department's basic life support (non transport) assistance. $250,000/year Cost of this request 1010.6600.5705.00 Account Number Project Number Budgeted Item X $300,000 Category / Project Budget $0 Funds Used to Date Misc. Program Category / Project Name Transfer to CEMS Program / Project Category Name 300,000.00 General Fund Remaining Balance Budget Adjustment Attached Fund Name Tony Johnson Department Director Previous Ordinance or Resolution # 4676 #=eb. 16, 200E Date Original Contract Date: Original Contract Number: C A 74 6 - City City Attorney Date Finance and Internal Service Director Mayor Date V. [2,( 6 Date Feb. 15, 2005 Received in City t'rk s Office Received in Mayor's Office Comments: RESOLUTION NO. A RESOLUTION APPROVING RENEWAL OF THE CONTRACT FOR EMERGENCY MEDICAL TRANSPORT SERVICES WITH CENTRAL EMERGENCY MEDICAL SERVICES (CEMS) IN THE ANNUAL AMOUNT OF $250,000.00 THROUGH DECEMBER 31, 2008 OR UNTIL THE EFFECTIVE DATE OF THE PUBLIC UTILITY MODEL IF ADOPTED SOONER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves renewal of the Contract for Emergency Medical Transport Services with Central Emergency Medical Services (CEMS) in the annual amount of $250,000.00 through December 31, 2008. A copy of the Contract, marked Exhibit "A" is attached hereto, and made a part hereof. Section 2. That if the Public Utility Model is accepted and institutor this service, this contract will automatically terminate upon the effectiveftlatalf the Public Utility Model. PASSED and APPROVED this 7th day of M ODDY, Mayor ONDRAfSMf H ity Clerk rClarice Pearman - Res. 38-06 �-- Page 1 From: Clarice Pearman To: Johnson, Tony Date: 3.10.06 5:14PM Subject: Res. 38-06 Chief, Attached is a copy of the resolution passed by City Council, March 7, 2006 regarding emergency services with CEMS. I will forward to you via interoffice mail one of two original agreements. If anything else is need please let me know. Thanks. Clarice CC: Bell, Peggy; Deaton, Vicki