HomeMy WebLinkAbout46-07 RESOLUTIONRESOLUTION NO. 46-07
A RESOLUTION APPROVING CONTRACT AMENDMENT #1 TO THE
CONTRACT WITH CENTRAL EMERGENCY MEDICAL SERVICES,
INC. (CEMS) FOR EMERGENCY MEDICAL TRANSPORT SERVICES.
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 Amendment #1 to the contract with Central Emergency Medical Services, Inc.
(CEMS) for emergency medical transport services. A copy of Amendment #1, marked
Exhibit "A" is attached hereto and made a part hereof.
PASSED and APPROVED this 20th day of March, 2007.
APPROVED:
By:
ATTEST:
DAN COODY, Mayor
By:
SONDRA E. SMITH, City Clerk/Treasurer
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EXHIBIT "A"
AMENDMENT #1
TO THE
CONTRACT FOR EMERGENCY MEDICAL TRANSPORT SERVICES
BE IT KNOWN TO ALL:
•
That the City of Fayetteville, Arkansas and Central Emergency Medical Services
(CEMS), on this )frick day of March, 2007, hereby agree that the Contract of March 7, 2006,
shall be amended by striking Paragraph 8 and inserting the following in its stead:
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 $270,000.00 in twelve (12) monthly installments of $22,500.00.
The amounts to be paid for services in future budget years are dependent on the
amounts appropriated by the City Council for each budget year. If the Public Utility
Model is accepted and instituted for service, this contract will automatically
terminate upon the effective date of the Public Utility Model.
IN WITNESS WHEREOF, the parties hereto have caused their signatures to be set by their
authorized representative effective the date set for herein above.
Central Emergency Medical Services, Inc.
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dministrator
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City Of Fayetteville, Arkansas
Dan Coody, Mayor
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Sondra Smith, City Clerk/Treasuittiiiiiiin %%%%
Tony Johnson
City of Fayetteville
Staff Review Form
City Council Agenda Items
Or
Contracts
March 20, 2007
City Council Meeting Date
Fire
Submitted By Division
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Fire
Department
A resolution approving a eheri•ge-ordec in the amount of $20,000 for the increase in fees charged by CEMS for 2007
ambulance services for the City of Fayetteville.
20,000.00
Cost of this request
1010.6600.5705.00
Account Number
270,000.00
Category / Project Budget
Funds Used to Date
Transfers to CEMS
Program Category / Project Name
Program / Project Category Name
270,000.00 General Fund
Project Number Remaining Balance
Budgeted Item
X
Budget Adjustment Attached
Fund Name
Department Director
Date
Finance and Internal Service Director
3 -4-o7
Date
Previous Ordinance or Resolution # 38-06
Original Contract Date:
Original Contract Number:
Received in Mayor's Office
M yor (la26/47 367
Date
Comments The increase h been reviewed during the not for profit funding requests in the 2007 budget process.
City of Fayetteville Fire Department
303 W. Center St. Fayetteville, AR. 72701
Phone (479) 575-8365 Fax (479) 575-0471
Fire Chief's Memorandum
,To: Mayor Coody
Fayetteville City Council
From: Fire Chief Tony Johnson •
•
Subject: Request to Amend Resolution No. 38-06 (City of Fayetteville Contract for
Emergency Medical Transport Service
Date: February 26, 2007
At the December 19, 2006, City Council Meeting, the Council approved an increase m
the level of funding for Central Emergency Medical Service (CEMS) from $250,000 to
$270,000 annually. I am requesting the following amendment to be maid to paragraph #8
of the aforementioned Resolution in order to make the disbursements to 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 $270,000 in twelve 02) monthly
installments of S20,833.00 $22,500.00. The amount to be paid for services in
future budget years are dependent on the amount of appropriated by the City
Council for each budget year. If the Public Utility Model is accepted and
instituted for service, this contract will automatically terminate upon the effective
date of the Public Utility Model.
Thanking you in advance for your consideration and passage of this request.
RESOLUTION NO.
A RESOLUTION APPROVING CONTRACT AMENDMENT #1
TO THE CONTRACT WITH CENTRAL EMERGENCY MEDICAL
SERVICES, INC. (CEMS) FOR EMERGENCY MEDIGA
TRANSPORT SERVICES.
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BE IT RESOLVED BY THE CITY COU IL O,F
FAYETTEVILLE, ARKANSAS:
OF
Section 1. That the City Counc the City otanteville, Arkansas
hereby approves Amendthat #1 to ;IT c ntract Lip Central $,Erner ency
Medical Services, Inc. (CrEtMor emerigyncy edical tnnsport servierA copy
4
of Amendment #1, m rked Exhibit ' •A" ached hereto and made a part
hereo
A
PASSE Pand A P OVED thi
_20th day of March, 2007
PROVED:
ATTEST:
By:
DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer
EXHIBIT "A"
AMENDMENT #1
TO THE
CONTRACT FOR EMERGENCY MEDICAL TRANSPORT SERVICES
BE IT KNOWN TO ALL:
That the City of Fayetteville, Arkansas and Central Emergency Medical Services
(CEMS), on this day of March, 2007, hereby agree that the Contract of March 7, 2006,
shall be amended by striking Paragraph 8 and inserting the following in its stead:
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 $270,000.00 in twelve (12) monthly installments of $22,500.00.
The amounts to be paid for services in future budget year are dependent on the
amounts appropriated by the City Council for each budget year. If the Public Utility
Model is accepted and instituted for service, this contract will automatically
terminate upon the effective date of the Public Utility Model.
IN WITNESS WHEREOF, the parties hereto have caused their signatures to be set by their
authorized representative effective the date set for herein above.
Central Emergency Medical Services, Inc. City Of Fayetteville, Arkansas
Tony Hickerson, Administrator Dan Coody, Mayor
WITNESS: ATTEST:
•
Sondra Smith, City Clerk/Treasurer
RESOLUTION 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 7'h day of March, 2006. -?-‘• C.> -cc;
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APPROVED:
By:
ATTEST:
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By: elca) ,,,
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SONDRA SMITH, City Clerk ,,, ....
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CITY OF FA'YETTEVILLE
CONTRACT FOR EMERGENCY MEDICAL TRANSPORT SERVICES
This Agreement is entered into on this VI day oat/a/A geween the City of Fayetteville, hereinafter known
as the "City' and Cental Emergency Medical Service, hereinafter 'mown 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 FayettevilleXesidents,
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 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
Departments 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
rnaintain 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 niedical
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 hnardous 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 quartet. 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
1
•
•
the Arkansas Freedom of Information Act as applicable. Requeits 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 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 fiiture 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 JUtility
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 fixture breach or default.
& 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 bythe duly authorized agents of the City and (EMS. 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 patt 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, Arkansas
By:
TONY RSON, Administrator
3
ATTEST:
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By:POuald/ CCIM:-/X)
S MIRA SMITH, City Cle.trktcc".c.ii‘1111/Ty
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FAYETTEVILLE: 3
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• 9:anie •
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:
5
3 gift*
effittict(
IT
Obv• ct-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 Departments basic life support (non transport) assistance.
$250,0001year
Cost of this request
1010.6600.5705.00
Account Number
Project Number
$300,000
Category / Project Budget
$0
Misc.
Program Category/ Project Name
Transfer to CEMS
Funds Used to Date Program !Project Category Name
300,000.00 General Fund
Remaining Balance Fund Name
Budgeted Item X Budget Adjustment Attached
Tony Johnson
Department Director
Previous Ordinance or Resolution # 4676
reb. 16, 200E
Date Original Contract Date:
lic Z 7 A -
City Attorney Date
Finance and Internal Service Director
Mayor
Cod
Date
"3_1-2,( Cl•
Date
Original Contract Number
Feb. 15,2005
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 EliliECTIVE DATE OF THE PUBLIC
• UTILITY MODEL IF AD01-71..bD 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 insti
this service, this contract will automatically terminate upon the ef-
the Public Utility Model.
PASSED and APPROVED this 7th day of M
City Clerk
DY, Mayor
L(3.27.07) Clarice Pearman - Res. 46-07
Pagel
From:
To:
Date:
Subject:
Attachments:
Clarice Pearrnan
Johnson, Tony
3.27.07 1:02 PM
Res. 46-07
46-07 CEMS 2007.pdf
CC: Audit
Chief:
Attached is a copy of the above resolution passed by City Council, March 20, 2007 regarding CEMS. I will forward to you
one of two original Amendment #1 to the agreement via interoffice mail. If anything else is needed please let me know or
call our office.
Have a good afternoon.
Thanks.
Clarice
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearman@ci.fayetteville.ar.us