HomeMy WebLinkAbout202-11 RESOLUTIONRESOLUTION NO. 202-11
A RESOLUTION APPROVING AN AMENDMENT TO THE INTERLOCAL
AGREEMENT FOR AMBULANCE 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
an amendment to the Interlocal Agreement for Ambulance Services. A copy of the amendment
is attached to this Resolution as Exhibit "A".
PASSED and APPROVED this 15th day of November, 2011.
APPROVED:
ATTEST:
By:
SONDRA E. SMITH, City derk'Treasurrer
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FIRST AMENDMENT TO INTERLOCAL AGREEMENT FOR
AMBULANCE SERVICES
WHEREAS, the parties entered into an Interlocal Agreement on or about
May 21, 2008; and,
WHEREAS, the parties are desirous of amending such in light of the 2010
census as contemplated in Article 4; and,
WHEREAS, as a result of said census, some of the parties have gained or
lost population but regardless, may now receive a lower percentage of the county -wide
one percent sales tax; and,
WHEREAS, per Article 4, said Agreement renews for an additional five
year period unless the party notifies the Authority in writing of its refusal to participate.
NOW, THEREFORE, IT IS AGREED:
(1) Article 3(b) is hereby amended as follows:
1. All parties shall continue to pay the same dollar amount as each paid in
2010 throughout the second five year term of this renewal.
2000 Census or Subsidy 2009- Subsidy 2012 -
Special 2011 2016
Farmington 3,605 514,420 514,420
Prairie Grove 3,367 $13,468 513,468
Elkins 2,223 $8,892 $8,892
Johnson 3,326 56,652, $6,652
Goshen 752 $3,008 $3,008
Greenland 947 $3,788 $3,788
Lincoln 2,059 58,236 $8,236
Winslow 399 51,596 51,596
West Fork 2,042 58,168 $8,168
Fayetteville 67,158 $270,000 5270,000
County -Rural 37,201 $561,000 $561,000
Total $899,228 $899,228
2. The effective date of this Amended Agreement shall be when approved
and signed by all parties in accordance with law.
3. All other provisions of said Interlocal Agreement remain unchanged and
in effect.
1
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EXHIBIT
First Amendment to Interlocal Agreement for Ambulance Services
/02-_f//,
0 ELD JORE AYETTEVILLE MAYOR DATE
SONORA SMITH, FAYETTEVILL CITY CLERK
First Amendment to Interlocal Agreement for Ambulance Services
ELK! TY CLERK
ATE
ATE
First Amendment to Interlocal Agreement for Ambulance Services
MARILY
ARDS, WASHINGTON COUNTY JUDGE
KAREN COM cr PRITCHARD, COUNTY CLERK
aK
11/23/2011 13:27 FAX 14785217780
SIGNED THIS a DAY OF
CITY OF
GREENLAND, ARKANSAS
Greenland CitY 00002/0002
A11�ST:
BY: (91-c
GREENLAND CITY CLERK - T
9
, 2011.
1271612011 12;48 14798244125
CITY OF LINCOLN PAGE 82!02
First Axtzeiidimmezit to Interlocal Agreement for Ambulance Servios
ROB HUi. E, LINC LN MAYOR DATE
L7NCOLN[c TY CLERK
First Amendment to Interlocal Agreement for Ambulance Services
ERNIE PENN, FARMINGTON MAYOR
10- 10-0 11
DATE
First Amen
oval Agreement for Ambulance Services
wog"
► �' •N, PRAI"OVE MAYOR
CAROL PAIR, PRAIRIE GROVE CITY CLERK
DATE
SIGNED THIS 1 1 DAY OF OCAbber , 2011,
CITY OF
WEST FORK, ARKANSAS
BY: -7,i.2)
FRANCF,S HIME, MAYOR
Ai-1'bST:
WEST FORK CITY LERK
13
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JOE BE ON, GOSHEN MAYOR DAT
HAR
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S BAGGETT, ' ' ORDER/TREASURER
12105/2011 10:58 4796343902
CITY OF WINSLOW PAGE 04/04
First Amendment to InterloCat Agreement for Ambulance Services
3. All other provisions of maid interlocal Agreenie t remain 'unchanged and in
effect.
First Amendment to Interlocal Agreement for Ambulance Services
-'7
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RANDY JARNAGAN, WINSLOW MAYOR DATE
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MAR OMLEY, rtOW CITY CLERK
First Amendment to Interlocal Agreement for Ambulance Services
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BUDDY CUR ; JOHNSON M',�+R ATE
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R/TREASURER
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David Dayringer
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
November 15, 2011
City Council Meeting Date
Agenda Items Only
Fire
Division
Action Required:
Fire
Department
A resolution approving an amendment to Article 3{b) of the Interlocal Agreement for Ambulance Services by and with
the City of Fayetteville, Washington County, Elkins, Farmington, Goshen, Greenland, Lincoln, Prairie Grove, West
Fork, Winslow, and Johnson for emergency and non -emergency ambulance services as approved by City Council with
Res. No. 68-08 on March 18, 2008.
None
Cost of this request
Account Number
Project Number
Budgeted Item
Category / Project Budget
Program Category / Project Name
Funds Used to Date Program / Project Category Name
Remaining Balance Fund Name
Budget Adjustment Attached
(k.
Finance and Internal Services Director
dfvt,
Chief of Staff
/®-,J -/)
Date
/z
Date
r6 -3j-2.011
Date
Mayor
Date
Dte
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City
Clerk's Office
10-23-11 A11:07 R C V D
Comments:
Revised January 15, 2009
ave evi le
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
www.accessfayet to vi Ile. o r
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
From: David Dayringer, Fire Chie
Date: November 15, 2011
Subject: A resolution approving an amendment to Article 3(b) of the interlocal agreement for ambulance
services by and with the City of Fayetteville, Washington County, Elkins, Farmington, Goshen, Greenland,
Lincoln. Prairie Grove. West Fork. Wjrnjow. and Johnson.
PROPOSAL:
City Council approved Res. 68-08 on March 18, 2008, approving an Interlocal Agreement for Ambulance
Services with the City of Fayetteville, Washington County, Elkins, Farmington, Goshen, Greenland, Lincoln,
Prairie Grove, West Fork, Winslow, and Johnson and to establish the Ambulance Authority and Central
Emergency Medical Services as the exclusive emergency and non -emergency ambulance service within the
cities.
RECOMMENDATION:
Staff recommends approving the attached amendment to Article 3(b) of the original Interlocal Agreement for
Ambulance Services. This amendment provides for all parties to continue to pay the same dollar amount as
each paid in 2010 throughout the second five year term of the renewal. It removes the use of the federal census
to establish the per capita fee for each city and county unincorporated population.
BUDGET IMPACT:
Approval of the proposed amendment to the Interlocal Agreement for Ambulance Services will result in a fixed
$270,000.00 annual subsidy and prevent any rate increase or decrease throughout the second five year term of
renewal (2012-2016). Funds for ambulance services are included each year in the Annual Budget and Work
Program.
RESOLUTION NO.
A RESOLUTION APPROVING AN AMENDMENT TO THE INTERLOCAL
AGREEMENT FOR AMBULANCE 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
an amendment to the Interlocal Agreement for Ambulance Services. A copy of the amendment
is attached to this Resolution as Exhibit "A".
PASSED and APPROVED this 15th day of November, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
•
RESOLUTION NO. 68-08
A RESOLUTION TO APPROVE AN INTERLOCAL AGREEMENT
FOR AMBULANCE SERVICE BY AND WITH THE CITY OF
FAME 1"3EVILLE, WASHINGTON COUNTY, ELKINS,
FARMINGTON, GOSHEN, GREENLAND, LINCOLN, PRAIRIE
GROVE, WEST FORK, WINSLOW AND JOHNSON, AND TO
ESTABLISH THE AMBULANCE AUTHORITY AND CENTRAL
EMERGENCY MEDICAL SERVICES AS THE EXCLUSIVE
EMERGENCY AND NON -EMERGENCY AMBULANCE SERVICE
WITHIN THE CT1i1 S
WHEREAS, A.C.A. § 14-14-910, and § 14-266-102 and § 25-20-101 authorize cities and
counties to enter into interlocal contracts_ to provide services such as emergency and non -emergency
ambulance services; and
WHEREAS, the above cities and Washington County have determined that the continued
provision of ambulance service is necessary for the health,' safety and welfare of the residents of said
cities and Washington County; and
WHEREAS, Washington County, the City of Fayetteville and all other cities listed in the
Resolution's title agree that the creation of an Ambulance Authority or similar entity as provided for in
A.C.A. § 14-266-100 et seq. is in the best interests of alt parties and their citizens; and
WHEREAS, the Ambulance Authority should be established pursuant to the Agreement For
Ambulance Services interlocal agreement attached as Exhibit A to this Resolution; and
WHEREAS, in order to save taxpayer money and to reduce the need for taxpayer revenue to
subsidize the furnishing. of emergency ambulance service to our citizens, the Ambulance Authority and
CEMS should be designated the exclusive provider of emergency and non -emergency ambulance service
within all cities that are parties to this agreement.
NOW, THEREFORE, 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 the
Interlocal Agreement For Ambulance Services attached as Exhibit A, authorizes Mayor Coody to sign
this agreement, and designates, the Ambulance Authority created by this agreement to operate Central
Emergency Medical Services as the exclusive emergency _ and non -emergency ambulance services
provider throughout Fayetteville and every other city which is a party to this agreement as broadly as
authorized in A.C.A. § 14-266-102 and 105.��tnIIIrr:„r
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PASSED and APPROVED this the 18th day of March, 2008.
DAN COODY, Mayor
ATTEST:
By:
• JERRY HUNTON
County Judge
May 27, 2008
WASHINGTON CO , ARKANSAS
County Courthouse
Mayor Dan Coody
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Dear Mayor:
280 North College, Suite 500
Fayetteville, AR 72701
RECEIVED
MAY 3 0 2008
CITY OF FAYyTrEVILLE
MAYORS OFFICE
RE: Ambulance Service — interlocal Agreement
RECEIVED
JUN 0 2008
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Please find enclosed for your records a signed copy of the interlocal agreement
between Washington County and other cities in the County regarding ambulance
service.
Thank you for your help in this matter.
Sincerely,
Karen Beeks, Secretary
County Judge's Office
/kb
Encl.
cc w/encl: Kit Williams, City Attorney
Telephone: 479 /444-1700 • FAX: 479 / 444-1889
K,arenlE 2Revixd.Inferlocaltgreement.doc 03/19108
Adopted by Gummi Court 03/20/08 --Ordinance No. 2008-12
AGREEMENT
FOR AMBULANCE SERVICES
THIS INTERLOCAL AGREEMENT FOR AMBULANCE SERVICES
("Agreement") is made and entered into by and between WASHINGTON COUNTY,
ARKANSAS, ("County") and the cities of ELKINS, FARMINGTON, FAYETTEVILLE,
GOSHEN, GREENLAND, LINCOLN, PRAIRIE GROVE, WEST FORK, WINSLOW and
JOHNSON ("Cities").
WHEREAS, A.C.A. §14-14-9i0, A.C.A. §25-20-101, and A.C.A. §14-266-102
authorize cities and counties to enter into contracts to co-operate or join with each other to
provide emergency and non -emergency medical services and to specify the responsibilities of all
parties; and,
WHEREAS, all parties acknowledge that the continued provision of ambulance service
is crucial for the continued health and safety of the residents of the named Cities and the County;
and,
WHEREAS, the County and Cities mutually agree that the creation of an Ambulance
Authority or similar entity as provided for in A.C.A. §14-14-910, A.C.A. §25-20-101 and A.C.A.
§14-266-101 et. seq is in the best long-term interests of the parties; and,
WHEREAS, said Authority should consist of representatives of the above named Cities
and the County; and,
WHEREAS, all parties acknowledge that the formation of such apt A. uSttorie will
demand close and continued cooperation of all parties
NOW, THEREFORE, IT IS AGREED:- nx
ate:
ARTICLE 1. AUTHORITY ORGANIZATION.
(a) One individual selected by each entity shall represent said entity one Bird of
Directors of the Authority to be known as the Washington County Regional Ambulance
Authority.
(1) Each Board member shall serve a term of three (3) years and be
eligible to serve two (2) consecutive terms.
(2). The initial term of each Board member shall be determined by the
drawing of lots or similar method so as to provide staggered terms.
(b) The Board shall meet on no less than on a quarterly basis to transact all business
associated with the powers and responsibilities conferred upon it. However, the Board shall
reserve to itself the right to meet on whatever basis it determines is appropriate.
system.
(c) The Board shall employ an executive director to
(d) In order to ensure maximum efficiency and effectiveness of the operation, an
executive committee shall be formed to be charged with the oversight of the day-to-day
operation of the system. The members of said executive committee shall be as follows:
(1)
The County board appointee who shall reside in the unincorporated
service area.
(2) The Fayetteville City Council appointee;
(3) A second Fayetteville appointee (Both City Council appointees shall
serve at the pleasure . of the City Council and can be removad and
replaced by different representatives by City Council Resolution.);
(4) A small city appointee to be chosen by the aforestated cities, excluding
the City of Fayetteville;
(5)
A Nursing Home or medical profession representative who shall reside
in the City of Fayetteville to be chosen by the County appointee; the
Fayetteville appointees, and the small city appointee.
(6) A Hospital representative who shall reside in the City of Fayetteville to
be chosen by the County appointee; the Fayetteville appointees, and the
small city appointee.
(7)
A representative of the financial community residing in the service area
to be chosen by the County appointee, the Fayetteville appointees and
the small city appointee.
ARTICLE 2. PURPOSES. POWERS, RIGHTS, OBLIGATIONS AND
RESPONSIBILITIES OF THE CREATED ENTITY.
(a) All parties acknowledge that the need to create an entity to own, operate and
manage an ambulance service is necessary and appropriate.
(b) The Authority created herein shall have the following powers:
(1) To provide advanced life support emergency ambulance service in the
designated area;
(2) To provide emergency medical dispatch including pre -arrival
instructions in accordance with approved dispatch protocols;
(3) To set ambulance user fees;
(4) To own system revenues;
(5) To provide exclusive emergency and non -emergency (within the cities
only) ambulance service;
2
(6) To enter into mutual aid and automatic aid agreements with
neighboring ambulance services for emergency services;
(7) Comprehensive regulatory powers over the ambulance system
performance;
(8) Ownership of or access to key components of the system infrastructure;
(9) Centralize medical direction and clinical oversight of the ambulance
system to the extent deemed necessary;
(10) To promulgate rules and regulations to further effectuate the purposes
of this agreement;
(11) To own and dispose of real and personal property;
(12) To adopt and oversee comprehensive system performance on an annual
basis to include periodic revisions to comply with emerging
technologies and changes in clinical and operational standards.
(c) Washington County Regional Ambulance Authority's Specific Duties.
The Authority created herein shall have the following specific duties and
responsibilities in addition to the statutory and administrative requirements of § 14-266-109, the
Arkansas Medical Practices Act, and any other government or professional standards.
(1)
Minimum Standards Continue. The Authority shall continue to meet all
existing minimum performance standards within Fayetteville as stated
in the current City of Fayetteville Contract For Emergency Medical
Transport Services with CEMS except as to quarterly reports to the City
of Fayetteville. (A copy of this contract is attached as Exhibit A.)
(2) Reporting Requirements.
(A) Fayetteville. On the third Tuesday of July each year, the
Washington County Regional Ambulance Authority by the two
Fayetteville representatives on the Executive Committee shall
appear before the Fayetteville City Council to present:
(i) The written annual, audited report of the previous year's
financial and response data reports;
(ii) A written report of the financial and response data for the
first half of the current year;
(iii) Plans and projections to replace or enlarge capital property
and equipment within the next 18 months;
3
(B)
(iv) Plans and justifications for any personnel increases within
the next 18 months; and
(v) Revenue/expense projections for the next 18 months.
Any Other Member Of This Authority. Upon written request by
any other member of this Authority, the Board Member
representing that entity gall provide the full written and oral
report referred to in (A) to that City or to the County during its
regular July or August meeting.
ARTICLE 3. FINANCING: TRAINING: COMPLIANCE WITH A.C.A. 420-
13-301 ET. SE4.
(a) All parties acknowledge that the need for a guaranteed revenue source independent
of and in addition to fees for service is necessary in order to ensure the continued viability of said
service.
(b) The annual regional ambulance service -funding source for all parties of this
Agreement shall be based upon the most recent Federal Census including any special Census.
(1) All Cities shall pay $4.00 per capita except that only those citizens of
Johnson within CEMS's territory shall be counted for the per capita
fees. The City of Fayetteville shall maintain at least its minimum
annual contribution of $270,000.00 through the end of 2011.
(2) Washington County shall pay $15.50 per capital for the unincorporated
population served by CEMS with at least a minimum annual
contribution of $550,000.00 through the end of 2011.
(c) The Authority shall continue to seek a sustainable funding source with the goal of
reducing subsidies proportionately across the board.
(d) Except as stated above, no party to this Agreement may be financially obligated
without the approval of its governing body.
(e) All governing bodies party to this agreement must approve any increases in subsidy.
(f) A percentage of these funds shall be set aside for replacement of capital items.
(g) The ambulance service owned or under contract with the Authority shall be
required to provide, at no additional charge, the Arkansas Department of Health 24
hour basic refresher course to all EMT certified firefighters that act as first
responders with said ambulance service.
(h) The financing provided by the parties hereto shall be from general revenues;
furthermore, the financing and this agreement are contingent upon compliance with
A.C.A. §20-13-301 et. seq. by the County and all the parties will cooperate to the
4
extent necessary in complying with such. The parties shall receive credit for
payments already made to CEMS in 2008 for this year's annual subsidy
commitment.
ARTICLE 4. TERM.
This initial term of this agreement shall be from the date that all parties have agreed to
this interlocal agreement through December 31, 2011. This agreement shall be automatically
renewed with possible changes to Article -3 Financing for an additional five-year term unless
any party notifies the Authority in writing of its refusal to participate in the Authority and this
Agreement by September 1, 2011. All parties agree to consider the effects of the 2010
Decennial Federal Census upon the division of the County Sales Tax between the County and the
Cities and the proportional changes of the populations of the Cities and the unincorporated
portions of Washington County and make any adjustment or amendments advisable and
necessary to Article 3 to ensure financial viability of the Authority and fairness for all parties. A
second automatic renewal shall occur on December 31, 2016 unless any party notifies the
Authority in writing of its refusal to participate in the Authority and this Agreement by
September 1, 2016. A substantial review of the financial status of the Authority and all parties
should occur in 2021 after the 2020 Federal Decennial Census and prior to further renewals of
this Agreement.
Not withstanding the above terms, all parties to this Agreement may withdraw from this
agreement upon six months' written notice to the Authority and shall only be responsible to pay
its per capita fee for that portion of the year.
ARTICLE 5. TRANSFER OF OWNERSHIP OF EOUIPMENT TO
WASHINGTON COUNTY REGIONAL AMBULANCE AUTHORITY.
Property currently owned by any party that is transferred to the Washington County
Regional Ambulance Authority shall be returned to that party or purchased from that party at its
fair market value if such party terminates its membership from the Authority and withdraws from.
this Agreement by July 1, 2011, after giving its six month notice. All property and resources of
the Washington County Regional Ambulance Authority purchased during its existence or owned
by it on July 2, 2011, or thereafter shall remain the Authority's exclusive property throughout the
Authority's existence.
ARTICLE 6. SEVERABILITY.
The provisions of this Agreement are declared to be severable. If any provision hereof
shall be held to be invalid or to be inapplicable to any person or circumstance, such holdings
shall not affect the ability or the applicability of the remainder hereof.
ARTICLE 7, EFFECTIVE DATE.
This Agreement shall not be effective until approved and signed by all parties in
accordance with the law.
5
APPENDIX TO AGREEMENT
APPENDIX DEFINIUON OF TERMS WHEN AND IF USED.
Ambulance Authority: Quasi -governmental entity created to oversee and deliver ambulance
service in a specified geographical service area.
Ambulance Service: Means emergency and non -emergency transport services offered by the
Authority, including management, supervision, mass gathering and community events.
Exclusivity: Sole provider emergency and non -emergency ambulance rights granted by
ordinance or resolution by each party to the extent allowed by State Law.
Per Capita: Funding structure set forth by this Agreement based on population. Cities
contribute at $4.00 per capita due to the increased number of calls generated within their city
limits. The County contributes at $15.50 per capita due to the increased coverage area and
decreased density of call volume in the unincorporated areas of the County. No reduction of any
entity's gross subsidy shall occur during first term of this agreement.
Subsidy: Government funds requested by the Authority to provide ambulance service.
User Fees: Fees charged to patients treated or transported by the ambulance service, or fees
charged to an individual or an organization for ambulance standby coverage.
6
First Amendment to Interlocal Agreement for Ambulance Services
BRUCE LEDFORD, ELKINS MAYOR DATE
ELKINS CITY CLERK
First Amendment to Interlocal Agreement for Ambulance Services
MARILYN EDWARDS, WASHINGTON COUNTY JUDGE DATE
KAREN BEEKS, QUORUM COURT COORDINATOR/REPORTER
First Amendment to Interlocal Agreement for Ambulance Services
BILL GROOM, GREENLAND MAYOR DATE
RECORDER/TREASURER
First Amendment to Interlocal Agreement for Ambulance Services
ROB HULSE, LINCOLN MAYOR DATE
LINCOLN CITY CLERK
First Amendment to Interlocal Agreement for Ambulance Services
ERNIE PENN, FARMINGTON MAYOR DATE
FARMINGTON CITY CLERK
First Amendment to Interlocal Agreement for Ambulance Services
SONNY HUDSON, PRAIRIE GROVE MAYOR DATE
CAROL PAIR, PRAIRIE GROVE CITY CLERK