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ORD NO 14-2006 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. 4 -2006 AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT ENTERED INTO WITH SOUTHWEST EMS, INC. AND APPROVING AND RATIFYING THE AGREEMENT. WHEREAS, The Council approved entering into an exclusive franchise with Southwest EMS, Inc. pursuant to Ordinance No. 8 -2006, and authorized the execution of a contract to effect the purposes of the ordinance; and WHEREAS, Section 1 of said contract provided that "'non emergency' service operating at the time of the execution of this agreement shall not be excluded from continuing to operate under the terms of this agreement and WHEREAS, Southwest EMS, Inc. objects to this particular provision because it in effect nullifies the exclusivity of the agreement; and WHEREAS, A new contract has been prepared without the objectionable clause and has been executed by the President of Southwest EMS, Inc. and the Mayor. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1: That the City Council hereby approves the amendment to the original contract previously approved and authorizes and ratifies the execution of the modified contract attached hereto by the Mayor and Southwest EMS, Inc. and makes it a part of this Ordinance as though it were set out word for word herein. SECTION 2: Severabiliiy. In the event any title, section, subsection, subdivision, paragraph, subparagraph, item, sentence, clause, phrase, or word of this ordinance or the contract made a part hereof is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the ordinance. SECTION 3: Emergency and Effective Dale. This ordinance being necessary to ensure continued emergency and non emergency medical care to citizens of this city, this ordinance is necessary to protect the public health, safety and welfare, and therefore, shall be in full force and effect with the passage of same. THIS ORDINANCE APPROVED THIS 1 Z DAY OF DECEMBER, 2006. APPROVED: MA R JOH :GS ATTEST: CITY CLERK/TREASURER ti 0 CONTRACT FOR AMBULANCE SERVICE CITY OF VAN BUREN, ARKANSAS I. PURPOSE The purpose of this contract is to establish an exclusive franchise for emergency medical services and non emergency ambulances for the transportation of persons requiring such services when the transportation of persons requiring such services originates within the City of Van Buren, Arkansas, hereinafter referred to as the City. For purposes of this contract, the terms "emergency medical service" and "non- emergency ambulance service" shall have the meaning set out in Arkansas Code Ann. 14- 266 -103. II. METHOD OF SELECTION. The City Council of the City of Van Buren will award the contract by ordinance based upon the CONTRACTOR'S ability to provide the most reliable and highest quality emergency and non- emergency ambulance service to the residents of Van Buren, Arkansas. III. GENERAL REQUIREMENTS A. Basic Service. The CONTRACTOR shall provide full and complete operations, maintenance and management services to efficiently and effectively provide emergency medical service and non emergency ambulance service within the City on a twenty -four per day, seven days per week basis. The CONTRACTOR shall furnish and supervise all necessary personnel, facilities and equipment for the conduct of such services as hereinafter set forth. The City will not provide any equipment, personnel, or facilities for the services, nor will the City participate in any costs of such services whatsoever. The CONTRACTOR shall never deny emergency service to any emergency patient because of the person's inability to pay. B. Service Area. The service area shall be the corporate limits of the City as such limits now exist or may henceforth become. The service area may be expanded by mutual agreement of the contracting parties. C. Service Level and Units. All service units shall be licensed at the "Paramedic" standard rating as designated and licensed by the Arkansas Department of Health. For purposes of this Agreement a "service unit" means an emergency ambulance and all necessary equipment, supplies and on -board crew personnel. The required paramedic standard equipment, supplies, and certified on -board crew shall be maintained on all in- service units at all times. The CONTRACTOR shall maintain a current copy of the State license(s) and crew certifications on file with the City. D. Service Locations and Units. The Contractor shall maintain at least one service location in the City. Service locations shall be positioned in such a manner as to provide a maximum response time of 8 minutes and 59 seconds 90% of the time to any location within the city limits under normal traffic, weather and routing conditions. In addition, the CONTRACTOR shall provide not less than two (2) paramedic level units on an "in- service" status twenty -four hours per day, seven days per week. "In service" means that a particular service unit is either immediately available for dispatch, is working a call pursuant to this agreement, or is transporting a critically ill or injured individual from a Van Buren facility outside of Van Buren when deemed medically necessary by the facility's medical staff. Additional service units and hours of operation may be provided as deemed necessary by the CONTRACTOR to meet the actual needs of the service area. It is understood and agreed that should there be growth in population of 20% or more in any one year, that the parties shall negotiate changes to the terms and conditions of this agreement in good faith, specifically the provision regarding the number of "in service" ambulances in the City. The CONTRACTOR shall regularly maintain ambulances, accessory equipment and medical supplies so as to keep such items in good working order at all times. All service units shall be subject to inspection by any designated City official without notice. The city shall provide the CONTRACTOR with a list of the designated City officials at the commencement of this Agreement and thereafter as changes are made. Should any defect be found in any service unit, such defect shall be corrected within a reasonable period of time given the nature of the correction. Substandard units shall be removed from service until all paramedic level standards are met and the unit is in good working order. In this regard, the CONTRACTOR shall maintain sufficient back -up ambulances, equipment and supplies necessary to assure that the minimum number of in- service units as specified above are in service at all tines. E. Personnel. The CONTRACTOR shall provide all personnel necessary to supervise and operate the service including, but not limited to, paramedic level ambulance crews, supervisors, dispatchers, maintenance persons, administrative, and business office personnel. The CONTRACTOR shall have sole authority in the hiring, counseling, discipline and /or termination of all employees and staff. The CONTRACTOR shall provide a training and continuing education program of sufficient nature to ensure that emergency medical service personnel are adequately trained and certifications maintained for the provision of paramedic level service. The CONTRACTOR shall maintain personnel training and certification records. Such records shall be made available for review at the request of the City. F. Mutual Assistance Agreements. The CONTRACTOR shall enter into or activate mutual assistance agreements with other ADH paramedic level (ground /air) ambulance services for the purpose of ensuring backup service to Van Buren and reciprocating services or communities in the case of calamity or disaster. The City reserves the right to engage in or activate mutual assistance agreements with other governmental entities in the event of a calamity or disaster. The CONTRACTOR shall provide gloves, medical supplies and oxygen cylinders to Fire Department and replenish all supplies to maintain First Responder program. G. Dispatch and Communication. The CONTRACTOR shall provide a continuously staffed twenty -four hour per day emergency medical services ambulance dispatch office within the service area dedicated to the service area. The dispatch office will be staffed by persons other than ambulance crew members. The CONTRACTOR shall provide personnel who are familiar with the City streets and addressing system. The CONTRACTOR must ensure that the dispatch office has and maintains proper 9 -1 -1 emergency response system equipment to receive both voice and data communication from 9 -1 -1 dispatcher. The CONTRACTOR must provide two -way radio communications meeting or exceeding the paramedic standard for all vehicles and the dispatch office. The CONTRACTOR must provide two -way radio communications on all units for direct communications with City Fire Department and Police Department. The CONTRACTOR shall maintain a state of the art communications facility integrated with the City of Van Buren dispatch center located at the Van Buren Police Department. The CONTRACTOR'S communications center shall be a secondary answering point of the 9 -1 -1 System within 90 days from the execution of this Agreement. The CONTRACTOR shall provide the equipment so that the 9 -1 -1 operator by a single button transfer may forward all voice and data information to the CONTRACTOR. H. Vehicle Markings. Each ambulance shall be distinctly marked with the name and unit number of the provider and shall be equipped with emergency warning devices in compliance with Arkansas statutes and must also be marked with emergency 9 -1 -1 telephone number. I. Medical Director. The CONTRACTOR shall appoint a local medical director or medical directors for medical and quality control of patient care. Such director or directors shall be licensed physician(s) with experience in the care of emergency and trauma patients with staff privileges at one or more of the local hospitals. The CONTRACTOR may also provide such other review committees or methodology it deems appropriate to ensure quality control. The CONTRACTOR will also provide the City with a copy of up -to -date medical director approved protocols for Emergency Medical Technicians and First Responders. J. Records. The CONTRACTOR shall maintain all records as may now or henceforth be required by the State of Arkansas for paramedic level emergency medical ambulance services including but not limited to ambulance trip forms and daily dispatcher's log. Patient medical records are the property of the CONTRACTOR and shall remain confidential. Access to patient records can be gained only with permission of the patient or by court order. The CONTRACTOR shall provide a monthly statistical report to the City. 0 K. Rates and Fees. The rates, fees, and charges for service provided shall be provided pursuant to this Agreement and shall not be subject to change within twelve months of this agreement. These rates, fees, and charges shall not be increased except upon approval by Resolution of the City of Van Buren. In reviewing rate requests, the City Council shall consider the service's financial status and current and projected revenue and expenditures. It is the intent of the City and The CONTRACTOR to provide high level of emergency medical ambulance service to the citizens of Van Buren at a reasonable cost. L. Billing and Collection. The CONTRACTOR shall be solely responsible for all service billings and collections for service provided pursuant to this Agreement. The City shall not be responsible for any fees due as a result of 9 -11 or City initiated service calls. No collection efforts for charges for services shall commence against any city employee or official. M. Insurance. The CONTRACTOR shall secure and maintain public liability coverage or evidence of financial responsibility on each service unit. The minimum limits shall be $1,000,000.00 combined single limit, collision, liability and underinsured motorist. The CONTRACTOR shall also provide worker's compensation coverage on all employees as required by law. The CONTRACTOR shall file and keep current certificates of liability coverage or other evidence of' financial responsibility with the City throughout the term of this Agreement. The certificate shall include a provision that the coverage may not be changed without first giving ten (10) days' written notice of such change to the City. N. Governing Rules, Regulations and /Standards. The CONTRACTOR and any subcontractors will comply with all federal, state, and local laws, statutes, ordinances, rules and regulations and the orders and decrees of any court or administrative bodies or tribunals in any nature affecting the performance of this Agreement including, without limitation, workers' compensation laws, minimum and maximum salary, wage statutes and rules and regulations of the Federal government, State of Arkansas, Arkansas Department of Health and the City. When required, the CONTRACTOR shall furnish the City with satisfactory proof of its compliance therewith. In performing and providing services under this Agreement, the CONTRACTOR shall also comply with the standards and provisions set forth in Attachment "A" hereto. O. Hospital Designation. Emergency patients shall be transported to the nearest appropriate hospital, unless the patients condition warrants a specific hospital or the patient specifically dictates otherwise. When the patient specifically expresses a hospital preference he /she shall be transported to the hospital of his /her choice. P. Annual Report. Each January during the term of this Agreement, the CONTRACTOR will submit a detailed report of their services under this Agreement during the preceding year. IV. FRANCHISE PERIOD AND OTHER PROVISIONS (a) The franchise period shall be a period of three years beginning January 1, 2007 and shall continue in full force and effect until December 31, 2009. At the end of year two, if 0 the CONTRACTOR has met all terms and conditions of this Agreement, the City Council may elect to extend this Agreement for a period of one year from the expiration. At the end of year three, if the Council has chosen to grant the first extension and the CONTRACTOR has continued to meet all terms and conditions of this Agreement, the City Council may elect to extend this Agreement for one additional year. In no event shall this contract exceed a period of five years. (b) The CONTRACTOR agrees to pay an annual franchise fee equal to $600.00 per year for every current firefighter holding an Arkansas Emergency Medical Technician certificate. The amount of the franchise fee shall be determined by multiplying the number of firefighters holding an Arkansas Emergency Medical Technician certificate on the first day of the franchise period times $600. Said fee shall be paid in equal one fourth (1/4 installments during each quarter first year beginning three months after the first day of the initial franchise tent and on the same day each quarter thereafter. For subsequent years, the fee shall be determined by using the number of firefighters holding an Arkansas Emergency Medical Technician certificate on the anniversary date of the first day of the franchise period and shall be computed and paid in the same manner. (c) The CONTRACTOR agrees to provide free of charge to the City an Arkansas Department of Health 24 hour basic refresher course to all EMT certified Van Buren firefighters. V. RESPONSIBILITY OF THE CONTRACTOR The CONTRACTOR shall defend, indemnify, and hold harmless the City and its respective officers, agents, and employees from and against all damages, claims, losses, demands, suits, judgments, and costs, including reasonable attorney's fees and expenses, arising out of or resulting from the performance of the work described, provided that any such damages, claims, loss, demand, suit, judgment, cost, or expense: (1) Is attributable to bodily injury, sickness, disease, or death or injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom; and (2) Is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by anyone of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the CONTRACTOR under this paragraph shall not extend to the liability for loss resulting from the sole negligence of the City, it officers or employees. VI. CANCELLATION This Agreement can be cancelled upon 30 days written notice at any time by the Van Buren City Council, in the event the services performed by the CONTRACTOR are unsatisfactory to the City. Unsatisfactory service may be defined as, but not limited to: 1. The CONTRACTOR'S inability to provide professional emergency service, 2. The CONTRACTOR'S inability to maintain sufficient number of trained staff holding proper certificates and driver's licenses, 3. The CONTRACTOR'S inability to maintain two (2) ADH Paramedic level "in- service units" in the City to be in compliance to the response time of 8 minutes and 59 seconds for emergency calls, 4. The CONTRACTOR'S inability to maintain proper radio and phone communication, 5. The CONTRACTOR'S refusal to transport patients due to their inability to pay, 6. The CONTRACTOR'S refusal to submit to audit or failure to provide monthly reports to the City, proof of insurance, required licenses, personnel certifications, and financial documentation as required by this Agreement, 7. The CONTRACTOR'S inability to maintain a financial stable company, 8. The CONTRACTOR'S failure to meet any and all provisions of this Agreement by receiving three (3) formal citations in a calendar year beginning with the first citation. This Agreement can be cancelled upon six (6) months written notice at any time by the CONTRACTOR should the CONTRACTOR, in good faith, believe that level of "in service" provided for in this Contract are greater than the actual need of the City. Alternatively, the parties may negotiate, in good faith, the number of "in service" ambulances in the City. VII. SUCCESSORS, ASSIGNS AND TRANSFERS No party to this agreement shall assign this Agreement or any interest therein without the written consent of all the parties. This agreement shall be binding upon the parties and upon their successors, heirs, personal representatives and assigns. In the event majority ownership of the CONTRACTOR is changed, granted, assigned, sold or transferred by whatever means, the City Council shall have the right to terminate this agreement immediately. If majority ownership of the CONTRACTOR is changed, granted, assigned, sold or transferred, CONTRACTOR shall notify the City within three business days of such change, grant, assign, sale or transfer. VIII. RECORDS AND AUDITS The CONTRACTOR shall permit the authorized representatives to the City to inspect and audit all data and records of the CONTRACTOR relating to performance under this Agreement. The CONTRACTOR shall be notified in advance of the identity of the authorized representatives. The periods of access and examination described above for records which related to (1) appeals of disputes of this Agreement; or (2) litigation of the settlement of claims arising out of this Agreement, shall continue until such appeals, litigation, claims, or exceptions have been disposed of. IX. SERVICE DELAYS OR INTERRUPTION The CONTRACTOR shall not be liable to the City for any failure, delay or interruption of the service nor for any failure or delay in the performance of any obligation under this Agreement due to strikes, acts of God, natural disasters, catastrophes, governmental restrictions, enemy action, civil commotion, unavoidable equipment failure not attributable to negligence of the CONTRACTOR or similar acts or conditions beyond the CONTRACTOR'S control. X. CHANGE IN LAWS If there is in a change in any law, regulation or rule, state or federal, which affects the Agreement or the activities of the CONTRACTOR under this Agreement, or any change in the judicial or administrative interpretation of any such law, regulation or rule, which the CONTRACTOR reasonably believes in good faith will have a substantial adverse effect on the CONTRACTOR'S business operations or their rights or obligations under this Agreement, then the CONTRACTOR may, upon written notice, require the City to enter into good faith negotiations to negotiate the terms of this Agreement. XI. CONTROL OF SERVICE The CONTRACTOR may operate its business in such a manner as it may desire, subject to the provisions of this Agreement and shall retain complete authority and control of the service and all its operations. It is expressly understood between the parties hereto that the CONTRACTOR shall be considered an `Independent Contractor" in the performance of this Agreement and the City will not be liable for the negligent acts of the CONTRACTOR or the CONTRACTOR'S agents, servants, or employees. XII. TIME IS OF THE ESSENCE Time is of the essence in this Agreement. XIII. INVALID PROVISIONS If any of the provisions of this Agreement shall contravene or be invalid under the laws of the State of Arkansas, such contravention or invalidity shall not invalidate the entire Agreement, but it shall be construed as if not containing the particular provision or provisions held to be invalid, and the rights and obligations of the parties shall be construed and enforced accordingly. XIV. NOTICES 0 Any correspondence, notice or other written communication shall be made to the parties as follows: 0 XIV. NOTICES Any correspondence, notice or other written communication shall be made to the parties as follows: City of Van Buren Southwest EMS, Inc. Mayor's Office 1311C Hwy. 71 North 1003 Broadway Mena, AR 71953 Van Buren, AR 72956 XV. WAIVER The waiving of any one or more of the covenants on the part of any party herein contained shall be limited to the particular instance and shall not be deemed a waiver of any other breaches or covenants. XVI. CHOICE OF LAW This agreement is drawn to be effective in and shall be construed in accordance with the laws of the State of Arkansas. WITNESS OUR HANDS AND SEALS THIS I g DAY OF b e(','011 2006. ROBERT HINES, PRESIDENT SOUTHWEST EMS, INC. MAYOR JOHN GS CITY OF VAN BUREN THIS AGREEMENT APPROVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN PURSUANT TO BESelElatal NO. DA— r /OGG, ON THE DAY OF lbecemblo e 2006. og WASI Ce ATTEST: fit Ltit,Q.l4 0 C CITY CLERK BARBIE CURTIS 6 0 ATTACHMENT "A" AMBULANCE UNIT STANDARDS EQUIPMENT Each ADH Paramedic level unit shall be fully staffed and equipped to at least meet all minimum national /state standards for ALS personnel and equipment. Additionally, each unit shall be fully equipped with adequate radio communication equipment which will at all times be available for contact with emergency rooms of local hospitals. All units shall at all times be kept and maintained in a first -class operating condition both as to the unit and to equipment contained herein. The CONTRACTOR shall provide adequate back -up unit(s), equipped in the same manner as the primary unit, available for replacement of a unit which may be out of service for maintenance, repair or other reason, and when in service, such back -up unit(s) shall be staffed in the same manner as the primary unit. Each unit must have the minimum equipment required by State Health Department Division of Emergency Medical Service. AMBULANCE UNIT STANDARDS OPERATIONS (a) The CONTRACTOR'S units shall have an average response time equal to or better than the national average, and documentation of this shall be maintained by the CONTRACTOR subject to review upon request from the City. (b) The CONTRACTOR shall have a designated medical director for the establishment of treatment protocols and to establish quality review and education of personnel. The medical director shall be a board certified emergency physician or ACES certified. On- line medical control shall be provide by an emergency department physician on duty at the receiving hospital. (c) The CONTRACTOR shall coordinate with City Fire Department to engage in initial and continuing training and education in the Incident Command System including IS- 700, 100, 200, ICS -300 and Hazardous Materials Operations Level II for field personnel and ICS -400 for Administrative personnel. (d) The CONTRACTOR shall have a continuing plan for educating the community in the use of 9 -1 -1, CPR, safety and pre arrival first aid and shall operate such in connection with other appropriate entities in the service area. 0 PERSONNEL STANDARDS AMBULANCE UNITS (a) All staff paramedics shall be registered as Arkansas Emergency Medical Technician Paramedic. (b) All staff paramedics shall be certified in ACLS and CPR. (c All EMT's must have Arkansas certification in Emergency Medical Technician ambulance training as well as AHA -CPR or equivalent. (d) It is encouraged for CONTRACTOR to offer and give consideration to employment for our local Paramedics and EMT's. DISPATCH STANDARDS- OPERATION (a) CONTRACTOR'S local dispatch shall be capable of providing pre arrival medical instruction. (b) CONTRACTOR'S local dispatch shall have a disaster preparedness plan which will be correlated with all other emergency agencies. (c CONTRACTOR'S local dispatch shall contain records adequate to provide reports to the City which shall at least include; response time in the City, statistics on call volume and destination on emergency calls, and reports on dispatching efficiency. (d) CONTRACTOR'S radio equipment shall be compatible with public service agencies such as Van Buren Fire Department, Van Buren Police Department, Crawford County Sheriff, Arkansas State Police and other appropriate organizations.