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Contract 44111 (2)
CTTY SECRETARY coif a No, tyr ( INTERLOCAL AGREEMENT FOR AMBUS SERVICES This Interlocal Agreement for AMBUS Services ("Agreement") is entered into as of this 28th day of August, 2012 by and between the City of Fort Worth, a Texas home -rule municipal corporation ("City"), and the Area Metropolitan Ambulance Authority d/b/a MedStar, a duly created governmental agency ("Authority"). WHEREAS, the Authority has entered into an interlocal agreement with the North Central Texas Trauma Regional Advisory Council ("NCTTRAC"), and said agreement is attached hereto and made apart hereof for all purposes as Exhibit "A" — NCTTRAC Agreement (the "NCTTRAC Agreement"); WHEREAS, pursuant to the NCTTRAC Agreement, Authority has the exclusive use and possession of an ambulance bus ("AMBUS"), purchased by NCTTRAC with U. S. Department of Health and Human Services funding, which is to be used for providing multiple patient care and transport capabilities in the event of an emergency or disaster, for training purposes and other purposes as set forth in the NCTTRAC Agreement; WHEREAS, Authority desires to assign to City certain of its obligations under the NCTTRAC Agreement, and City is willing to assume such obligations, and the parties desire to provide for the performance of other obligations relating to the use of AMBUS as set forth herein; WHEREAS, this Agreement is entered into by the parties pursuant to Texas Government Code Section 791.006, which specifically authorizes interlocal agreements for ambulance service; WHEREAS, each party, in performing the functions and services hereunder shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each party finds that the performance of this Agreement is in the common interest of both parties, that the undertaking will benefit the public interest and that the division of costs fairly compensates the performing party for the services or functions under this Agreement. NOW THEREFORE, in consideration of the mutual promises contained herein, and in recognition of the public benefit to be derived from effective use of the AMBUS, the parties do hereby agree as follows: I. CITY DUTIES AND OBLIGATIONS 1. Services Provided by Authority: Authority hereby agrees to perform the services set forth on Exhibit "B" — Authority Services, attached hereto and made apart hereof for all purposes. Additionally, Authority agrees to perform all other obligations of Authority under the NCTTRAC Agreement except for the Assigned Services (as defined below). Authority shall perform services hereunder in compliance with this Agreement and the NCTTRAC Agreement, but in the event of a conflict between this Agreement and the NCTTRAC Agreement, the NCTTRAC Agreement shall control. Interlocal Agreement with MedStar for AMBUS Project 0 1-29--1 3 P12:40 OFFICIAL RECORD CITY SECRETARY FT. WORT??2Z'8 2. Services Provided by City: City hereby agrees to perform the services set forth on Exhibit "C" — City Services, attached hereto and made apart hereof for all purposes. The parties hereby acknowledge and agree that the services to be performed by City as described in Paragraph (B) of Exhibit "C" attached hereto (the `Assigned Services") are services that Authority is required to perform under the NCTTRAC Agreement. Accordingly, Authority hereby assigns to City all of its obligations under the NCTTRAC Agreement relating to the Assigned Services, and City hereby assumes such obligations and agrees to perform such obligations in compliance with terms of the NCTTRAC Agreement. In the event of a conflict between the terms of this Agreement and the NCTTRAC Agreement with respect to the performance by City of the Assigned Services, the NCTTRAC Agreement shall control. 3. Reimbursement to City: Authority shall reimburse City for the compensation paid to its employees who drive the AMBUS in its performance of the Assigned Services, as set forth in Paragraph (B) of Exhibit "C" attached hereto. Reimbursement paid by Authority pursuant to this Section 3 shall be at the actual hourly rate or actual overtime rate paid by City to such employees, and may include backfill overtime to fill for a position vacated by such employees. To request reimbursement, City shall submit an invoice to Authority indicating the hours (or fractions of hours) actually worked by such employees during the invoice period. City shall maintain and provide to Authority if requested, all back-up information related to specific charges within an invoice. Invoices must be submitted to the Authority at 551 E Berry Street, Fort Worth Texas 76110; Attention Matt Zavadsky. Authority will pay City within thirty (30) days following its receipt of the City invoice. 4. Deployment of the AMBUS: In the exercise of the rights granted to it under the NCTTRAC Agreement Authority hereby authorizes City's Fire Department, in its sole discretion, to deploy and use the AMBUS as a rehabilitation unit for first responders during a working fire (the "City's Deployment"). City will promptly notify Authority if the AMBUS is deployed for purposes of the City's Deployment. In the event of the City's Deployment City's Fire Department will provide, at City's sole cost and expense, all personnel required to operate and otherwise staff the AMBUS in accordance with the terms of the NCTTRAC Agreement. Except for the City's Deployment the deployment of the AMBUS will, in all circumstances, be determined by Authority in its sole discretion and at its request as provided in the NCTTRAC Agreement. Except for the City's Deployment or as otherwise expressly provided for in this Agreement, Authority shall pay all cost and expense of operating and maintaining the AMBUS as required under the NC 1"1 RAC Agreement. Under any deployment of the AMBUS, the City retains sole responsibility and authority for the safety and operation of the AMBUS while it is in transit. Discretion for the placement maintenance, location and movement of the AMBUS while under deployment rests solely with the ranking City vehicle operator at all times 5. Initial Term: The parties agree that the term of this Agreement shall commence on the Effective Date and shall be concurrent with the term of the NCTTRAC Agreement, but in no event shall continue beyond August 1, 2018 unless extended in writing by the parties 6. Liability: AUTHORITY SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL CLAIMS, DEMANDS, LAWSUITS OR OTHER ACTIONS FOR DAMAGES OF ANY KIND, Interlocal Agreement with MedStar for AMBUS Project Page 2 of 8 INCLUDING, BUT NOT LIMITED TO, PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF AUTHORITY, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. CITY SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL CLAIMS, DEMANDS, LAWSUITS OR OTHER ACTIONS FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CITY, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 7. Termination. Either party may terminate this Agreement at any time and for any reason by providing the other party with six (6) months prior written notice of termination. If the NCTTRAC Agreement expires or terminates for any reason, this Agreement shall terminate simultaneously with the NCTTRAC Agreement. Authority shall notify City as soon as practicable of any termination of the NCTTRAC Agreement. 8. Notice: If a party is required to give notice under this Agreement, that party shall send written notice to the other party either by hand -delivery or by U S Postal Service certified mail postage prepaid, to the other party at the address show below: City of Fort Worth Rudy Jackson, Fire Chief 1000 Throckmorton Fort Worth, Texas 76102 Phone: (817) 392-6805 With a copy to: Leann D. Guzman City Attorney's Office 1000 Throckmorton Fort Worth, Texas 76102 Phone: (817) 392-7600 Authority Douglas R. Hooten, Executive Director 551 E. Berry Street Fort Worth, Texas 76110 Phone: (817) 632-0509 With a copy to: Matthew D. Goetz Murphy Mahon Keffler & Farrier, LLP Tindall Square Building No. 2 505 Pecan Street, Suite 101 Fort Worth, Texas 76102 Telephone: (817) 877-3299 9. Audits: The City shall have, for three (3) years following the termination of this Agreement and upon reasonable advance notice, access to and the right to examine and audit any books, documents, papers, records or other data of Authority that involve transactions relating to this Agreement. Accordingly, Authority shall provide City with access during normal working hours to all of Authority's facilities and with appropriate workspace at Authority's facilities necessary for City to conduct examinations and audits in accordance with this Agreement. Interlocal Agreement with MedStar for AMBUS Project Page 3 of 8 10. Independent Contractor: It is expressly understood and agreed that City shall operate as an independent contractor as to all rights and privileges granted herein, and not as an agent, representative or employee of the Authority. Subject to and in accordance with the conditions and provisions of this Agreement, City shall have the exclusive right to control the details of its operations and activities and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees contractors and subcontractors. City acknowledges that the doctrine of respondent superior shall not apply as between the Authority, its officers, agents, servants and employees, and City, its officers, agents, employees, contractors and subcontractors. City further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between the City and Authority 11. Assignment and Subcontracting: The parties shall not assign or subcontract any of their duties, obligations or rights under this Agreement without the prior written consent of the other party. 12. Non-discrimination: Authority, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Authority's duties and obligations hereunder it shall not discriminate in the treatment or employment of any individual or group of individuals on the basis of race, color, national origin, religion, handicap, sex, sexual orientation, familial status, transgender, gender expression, and gender identity. Authority shall be liable for any claims that arise from an alleged violation of this non-discrimination covenant by Authority, its personal representatives, assigns, subcontractors or successors in interest. 13. Venue: If any action, whether real or asserted at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas - Fort Worth Division. This Agreement shall be construed under, and in accordance with, Texas law. 14. Severability: The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, sections or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by a court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph section or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] Interlocal Agreement with MedStar for AMBUS Project Page 4 of 8 • ► L • • CITY OF FORT WORTH, C . • les Daniels As • r , t City Manager Date: ag• So • ( APPROVED AS TO FORM AND LEf#LITY: ROA /1 //, Assistant City Attorney ATTEST; City Secret M&CNo.: lntcrlocal Agent with MedStar for AMBUS Project AREA METROPOLITAN AMBULANCE AUTHORITY Douglas R. Hooters Executive Director Date: g /50/Iz_.. APPROVED AS TO FORM ONLY: Mattih ,cr` ORT yid' 14* gy gv Ps% le sac SO%oo 0 44tittaastmegcne P. p S • • . • 1 1. • .4..1. ... • . 1 ■ 1 • • • - - - • . 1 r . . ► . . . . . . ■ . . . • / ( .2 4: &hxeyforAuthorityt'.;: • 1 . • • . • . ■ 1 • a a 1 . ©Fh9©AFL ©_! MTV �U a 'C_ U tF G 3 , Page 5 of 8 •• • a CITY OF FORT WORTH AREA METROPOLITAN AMBULANCE AUTHORITY Charles Daniels Assistant City Manager Date: APPROVED AS TO FORM AND LEGALITY Assistant City Attorney ATTEST: City Secretary M&CNo.: Douglas R. Hooten Executive Director Date: g /56//2_ APPROVED AS TO FORM ONLY: oetz, Attorney for Authority Interlocal Agreement with MedStar for AMBUS Project Page 5 of 8 Exhibit "A" — NCTTRAC Agreement Interlocal Agreement with MedStar for AMBUS Project Page 6 of 8 INTERLOCAL COOPERATION CONTRACT AMBUS PROJECT The State of Texas County of Tarrant THIS INTERLOCAL COOPERATION CONTRACT ("CONTRACT"), also known as the AMBUS PROJECT, is entered into pursuant to the Texas Interlace! Cooperation Act, Chapter 7911 Texas Government Code ("ACT") and is by and between the North Central Texas Trauma Regional Advisory Council ("NCTTRAC), a Texas non-profit corporation and Area Metropolitan Ambulance Authority d/b/a MedStar ("Receiving Agency") an administrative agency, (hereinafter collectively the "Parties' and singularly, a "Party") and shall be considered effective the 18th day of July, 2011 ("Effective Date") Accordingly, the Parties agree as follows: I. LEGAL AUTHORITY 1. NCTTRAC represents and warrants that it is a non-profit corporation created under Texas Administrative Code Title 25, Part 1, Chapter 157 and is organized to provide one or more governmental functions and services 2. The Receiving Agency represents and warrants that it is eligible to contract with NCTTRAC under the ACT because it is one of the following. a local government, as defined in the ACT (a county, a municipality, a special district, or other political subdivision of the State of Texas or any other state, or a combination of two or more of those entities), a state agency (an agency of the State of Texas as defined in §771.002 of the Texas Government Code or a similar agency of another state), or a non-profit corporation created and operated to provide one or more governmental functions and services. 3. Each Party represents and warrants that it possesses adequate legal authority to enter into this CONTRACT. 4. The Receiving Agency represents and warrants that, in paying for the performance of governmental functions pursuant to the CONTRACT it shall make payments only from current revenues legally available to it. 5. The governing bodies of each Party believe that this CONTRACT is beneficial to the public and each Party represents and warrants that it has the legal authority to provide the governmental function which is the subject of this CONTRACT. IL STATEMENT OF SERVICES TO BE PERFORMED: The Receiving Agency and the NCTTRAC agree to provide the equipment and services as set forth in the attached 'Schedule (A), AMBUS Project" and "Exhibit (B), Affidavit of Insurance or Other Means of Replacement" which schedules are incorporated herein for all purposes. NCTTRAC represents and warrants that it owns the equipment described on Exhibit "A' attached hereto (the "Equipment"). NCTTRAC hereby conveys, grants transfers and assigns the Equipment to the Receiving Agency for its exclusive use and possession during the term of this Contract, subject to the terms and conditions of this Contract, and state and federal law, at no cost to the Receiving Agency. In lieu of payment for the possession and use of the Equipment, the Receiving Agency shall be responsible for various costs associated with the Equipment as provided for in the attached Schedules. Page 1 of 9 Interlocal Cooperation Contract — Ambulance Bus Proiect, continued III. TERM OF CONTRACT: This CONTRACT is effective as of the "Effective Date." The initial term of the CONTRACT shall be one (1) year from the Effective Date ("Term"). At the end of the Term this CONTRACT shall automatically renew on the anniversary of the Effective Date on a yearly basis for a maximum of five (5) consecutive years, unless earlier terminated by either Party in accordance with the terms set forth in paragraph IV below. IV. TERMINATON: This CONTRACT may be terminated by either the Receiving Agency or NCTTRAC when one of the following occurs: 1. Either Party in its sole discretion requests termination in writing with 30 days prior notice to the other Party. 2. The Contract will be terminated immediately upon the termination of the prime award granted by the Texas Department of State Health Services (DSHS) to NCTTRAC. 3. NCTTRAC is no longer the DSHS Hospital Preparedness Program (HPP) contractor. Upon the termination of this Contract, for any reason, title to any remaining equipment and supplies purchased for this project under HPP funds, reverts to DSHS. At the discretion of DSHS, the title may be transferred to a third party or it may be retained by the Receiving Agency. V. VENUE This CONTRACT and all of the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. The provisions and obligations of this CONTRACT are performable in Tarrant County Texas. Exclusive venue for any action ansing out of this CONTRACT shall be in Tarrant County, Texas. VI. GENERAL PROVISIONS: 1. This CONTRACT is entered into by the duly authorized officials of each respective party 2. Any notice required pursuant to this CONTRACT must be in writing and is properly given if hand delivered, or sent by certified or registered mail, or overnight courier service, to the Parties either at the address below for or at such other address as the Parties from time to time specify by written notice pursuant to this Section. Any such notice is considered delivered on the date of delivery if hand delivered, or upon confirmation if sent by certified or registered mail or an overnight courier service. If to NCTTRAC: NCTTRAC 600 Six Flags Drive Suite 160 Arlington, Texas 76011 If to Receiving Agency: Area Metropolitan Ambulance Authority 551 East Berry Street Fort Worth Texas 76110 Attn: Doug Hooten, Executive Director 3. To the extent authorized by the laws and constitution of the State of Texas, NCTTRAC and the Receiving Agency shall not be liable for any lost profits, special, incidental, consequential or punitive damages, whether for breach of any express or implied warranties or otherwise NCTTRAC and the Receiving Agency do not warrant that services shall be without defect, interruption, or suited for particular Page 2 of 9 Interlocal Cooperation Contract - Ambulance Bus Proiect. continued purposes. The Receiving Agency agrees to work cooperatively with NCTTRAC to maintain services to the best of both Parties' abilities. 4. During the term of this CONTRACT and any extensions thereto, the Receiving Agency, to the extent permitted by law, assumes all liability arising from the use e mployment, deployment, redeployment, and reconstitution of the AMBUS and supporting equipment in accordance with the provisions of law and regulations which govern its activities, unless otherwise provided pursuant to the terms of this Contract. 5. In case any other provision hereof should be held to be illegal, invalid or u nenforceable in any respect, such illegality invalidity or unenforceability shall not affect any other provision of this CONTRACT and this CONTRACT shall be construed as if such invalid, illegal or unenforceable provision had never been included in this CONTRACT. 6. It is understood by both Parties that each will fulfill its responsibilities under this CONTRACT in accordance with the provisions of law and regulations which govern their activities Nothing in this CONTRACT is intended to negate or otherwise render ineffective any such provisions or operating procedures. If at any time either party is u nable to perform its functions under this CONTRACT consistent with such party's statutory and regulatory mandates, the affected party shall immediately provide written notice to the other to establish a date for mutual resolution of the conflict up to, and including forfeiture of the use and return to NCTTRAC of those assets described in the attached schedules. and exhibit(s). 7. This CONTRACT constitutes the entire contract hereto with respect to the subject matter hereof, and supersedes any prior understanding or written or oral contracts between the Parties with respect to the subject matter of this CONTRACT No amendment, modification, or alteration of the terms of the CONTRACT shall be binding on either party unless the same is in writing, dated subsequent to the date hereof, and is duly executed by the party against whom enforcement is sought. 8. Each person signing this CONTRACT on behalf of a party hereby confirms for the benefit of the other party to this CONTRACT that any requisite approvals from the governing body of such party have been obtained, and all prerequisites to the execution, delivery, and performance hereof have been obtained by or on behalf of that party. 9. Force Majeure - Either party may be excused from performance under this CONTRACT for any period that such party is prevented from performing its obligations in whole or in part as a result of any act of God, war, civil disturbance, epidemic, court order, or other event outside the control of such party, provided the party seeking to be excused has prudently and promptly acted to take any and all reasonable corrective measures that are within such party's control. 10. Neither party has authority for or on behalf of the other except as provided in this CONTRACT. No other authority power partnership use, or rights are granted or implied except as provided by Texas and or Federal laws and regulations, and as defined in Schedule (A) to this CONTRACT. 11. Neither party may incur any debt, obligation, expense, or liability of any kind on behalf of the other party without the other party's express written approval. 12. The Parties are each independent contractors and no partnership, joint venture, principal -agent or employer -employee relationship exists between them A Party shall not hold itself out directly or indirectly, as an agent for the other. 13. Notwithstanding anything contained herein to the contrary, NCTTRAC acknowledges and agrees that the Receiving Agency may assign certain of its right, duties and obligations under this CONTRACT to the City of Fort Worth, Texas without the prior approval of, but with notice to, NCTTRAC. Page 3 of 9 Interlocal Cooperation Contract � Ambulance Bus Project, continued, CONTRACT SIGNATURES: The UNDERSIGNED PARTIES bind themselves to the faithful performance of this CONTRACT. It is mutually understood that this CONTRACT shall be effective if signed by a person authorized to do so according to the normal operating procedures of said party. If the governing body of a party is required to approve this CONTRACT, it shall not become effective until approved by the governing body of that party. In that event, this CONTRACT shall be executed by the duly authorized official(s) of the party as expressed in an approving resolution or order of the governing body of said party, a copy of which shall be attached to this CONTRACT. RECEIVING AGENCY AREA METROPOLITAN AMBULANCE AUTHORITY DIBIA MEDSTAR APPROVED AS TO FORM AND LEGALITY: ATTEST:��j/��� Matthew D Goetz, Attorney Date of Signature ouglas Hooten, Exe utive Director Date of Signature NCTTRAC NORTH CENTRAL TEXAS TRAUMA REGIONAL ADVISORY COUNCIL APPROVED AS TO FORM AND LEGALITY: ATTEST: ( t yf l .S®ivt-. Date of Signature • Page 4 of 9 Hendrik J, Antonisse, Executive Director • Date of Signature • Interlocal Cooperation Contract — Ambulance Bus Project, continued, CONTRACT SIGNATURES: The UNDERSIGNED PARTIES bind themselves to the faithful performance of this CONTRACT. It is mutually understood that this CONTRACT shall be effective if signed by a person authorized to do so according to the normal operating procedures of said party. If the governing body of a party is required to approve this CONTRACT, it shall not become effective until approved by the governing body of that party. In that event, this CONTRACT shall be executed by the duly authorized official(s) of the party as expressed in an approving resolution or order of the governing body of said party, a copy of which shall be attached to this CONTRACT. RECEIVING AGENCY AREA METROPOLITAN AMBULANCE AUTHORITY D/B/A MEDSTAR APPROVED AS TO FORM AND LEGALITY: ATTEST: Matthew D. Goetz, Attorney Douglas ". Hooten, Exedutive Director Date of Signature Date of Signature NCTTRAC NORTH CENTRAL TEXAS TRAUMA REGIONAL ADVISORY COUNCIL APPROVED AS TO FORM AND LEGALITY: ATTEST: Attorney Hendri J. Antonisse, Executive Director Date of Signature �,., Date 6f Signature Page 4 of 9 Interlocal Cooperation Contract — Ambulance Bus Proiect Schedule (A) SCHEDULE (A) AMBUS PROJECT I. Purpose of CONTRACT It is the purpose of this CONTRACT is to establish a cooperative and mutually beneficial relationship between the Parties and to set forth the relative responsibilities of the Parties as they relate to the utilization of an ambulance bus (AMBUS) purchased by NCTTRAC with U. S. Department of Health and Human Services Hospital Preparedness Program (HPP) funding. II. Project Description The AMBUS is one component of the Texas Emergency Medical Task Force (EMTF) Project. The EMTF Project was developed by the Texas Department of State Health Services (DSHS) to create a network of rapidly deployable, regionally based emergency medical assets across Texas. NCTTRAC is contracted by DSHS to administer the EMTF Project within Trauma Service Areas (TSA) C, D, and E. The AMBUS may be deployed outside the Receiving Agency's service area on a DSHS mission assignment. On a DSHS mission, the Receiving Agency s operational costs will be reimbursed per separate agreement(s) by NCTTRAC. Other federal, state, and local provisions may also apply to the deployment of the AMBUS outside the Receiving Agency's service area. The Receiving Agency maintains authority for daily use of the AMBUS. If other jurisdictions issue a mutual aid request for use of the AMBUS and the AMBUS is available as determined by the Receiving Agency in its sole discretion, the Receiving Agency will provide priority support to jurisdictions within Emergency Medical Task Force Region 2, with follow-on consideration to support requests from other regions, the state, and the federal government, provided that the need for the AMBUS in the Receiving Agency s jurisdiction does not outweigh the need elsewhere Requests for an AMBUS deployment outside the Receiving Agency's jurisdiction will be routed to the Receiving Agency in compliance with Texas Emergency Management Act, Chapter 418, Texas Government Code, and the Texas Disaster Act of 1975. The deployment of the AMBUS will, in all circumstances, be determined by the Receiving Agency in its sole discretion. An Equipment List is attached as Exhibit (A) to this CONTRACT. 111. Purpose of AMBUS Project The AMBUS Project supports state, regional, and local preparedness by providing multiple patient care and transport capabilities for use in, but not limited to, hospital evacuations, mass casualty incidents, onsite medical rehabilitation, and command capabilities. IV. Responsibilities of the Parties under Contract In consideration of the mutual aims, desires and promises of the Parties to this CONTRACT, and, in recognition of the public benefit to be derived from effective implementation of the programs involved, the Parties agree that their responsibilities under this CONTRACT shall be as follows: A. The Receiving Agency shall: 1) Sign the Texas Department of State Health Services Non -Expendable Personal Property Report Form (Form GC-11) and Property Transfer Record when the AMBUS is acquired from NCTTRAC. Page 5 of 9 Interlocal Cooperation Contract — Ambulance Bus Proiect Schedule (Al 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) 20) 21) 22) License the vehicle as a DSHS ambulance. P articipate as part of the Texas Emergency Medical Task Force (EMTF) Project by utilizing the currently DSHS licensed AMBUS, as provided for by NCTTRAC and providing personnel on a 24/7/365 basis for Texas Department of State Health Services mission assignments. P articipate as a mutual aid partner to cooperative agencies by providing the AMBUS and personnel on a 24/7/365 basis for up to twenty-four (24) hours. Participate as an active member of EMTF-2 workgroups and the Regional Emergency Preparedness Committee of NCTTRAC. Register and maintain AMBUS status in NCTTRAC's crisis applications, including the TSA-E Tracking of Resources, Assets, and Capabilities System (E*TRACS), WebEOC and EMResource. Register and maintain contact data for Receiving Agency administrative personnel responsible for AMBUS operations in E*TRACS. Register the AMBUS in the Texas Regional Response Network (TRRN). Maintain the AMBUS in a ready state for emergency responses. Participate in state and regional training and exercises. Train personnel to operate and maintain the AMBUS and associated equipment. Using standard HPP-specific inventory forms and processes, conduct an annual or special inventory of the AMBUS and ancillary equipment upon request by N CTTRAC. NCTTRAC will provide technical and/or staff support to Receiving Agency during the inventory process as requested and available. Notify NCTTRAC if replacement of damaged or non-functional equipment is required. Notify NCTTRAC if the AMBUS is taken out of service for a period of time greater than four (4) hours. N otify NCTTRAC, for consideration, of any needed upgrades regarding the AMBUS. Vehicle alterations must be approved by NCTTRAC to ensure regional and state consistency Notify NCTTRAC for consideration by EMTF stakeholders, of any recommended changes to AMBUS-related medical response capabilities Prepare and submit to NCTTRAC an annual estimate of costs and scope for planned, preventive and corrective maintenance for inclusion in NCTTRAC's annual Hospital Preparedness Program grant application. This document must be received by April 30th annually to be included in the budget proposals. Other, unplanned requests for funding may be placed in an unobligated category and may not be fulfilled P rovide minor equipage as needed for use within the AMBUS for purposes such as administrative support and cleaning. Maintain insurance or other means of replacing the AMBUS and issued ancillary equipment as provided under HPP funding. The Receiving Agency will complete and return to NCTTRAC Exhibit (B), Affidavit of Insurance or Other Means of Replacement. If insurance is provided by a third party policy, Receiving Agency will provide to NCTTRAC a copy of the Certificate of Insurance. Be responsible for repair / replacement of equipment that is broken, damaged, or missing due to misuse, negligence, theft or outside of normal lifespan expectations. Perform and document the completion of planned, preventive, and corrective maintenance and repairs to the AMBUS and ancillary equipment as indicated in the manufacturers' operations and maintenance manuals. Follow manufacturer warranty procedures to complete repairs as may fall under the warranty and as directed in the manufacturers' operations and maintenance manuals. B. NCTTRAC shall: Page 6 of 9 Interlocal Cooperation Contract — Ambulance Bus Project Schedule (A) 1) Allow the AMBUS to remain in the possession of the Receiving Agency for the Term of the CONTRACT with the understanding that the Receiving Agency will commit to its responsibilities as outlined in this CONTRACT. 2) Monitor the performance of the Receiving Agency in regards to performance under this CONTRACT and advise the Receiving Agency of any and all concerns regarding performance. 3) Conduct an annual inventory of all Equipment, as identified in Exhibit "A," and provide results to DSHS or as required by special audit. NCTTRAC will provide technical and/or staff support to Receiving Agency during the inventory process as requested and available 4) Provide copies of manufacturers' manuals and warranty statements upon the execution of this CONTRACT. 5) Support appropriate planned costs of operation of the AMBUS for HPP-sanctioned activities conducted inside and outside the Receiving Agency's jurisdiction and within the geographic boundaries of Trauma Service Area E, when allowed under DSHS HPP contract and as mutually agreed by both the Receiving Agency and NCTTRAC. 6) NCTTRAC will pay the Receiving Agency for all operational costs incurred by the Receiving Agency in any deployment of the AMBUS requested by NCTTRAC that is outside the Receiving Agency's service area when such deployment is ordered by the State of Texas. V. AMBUS Training The AMBUS manufacturer is contracted to provide staff support at no cost, including travel accommodations, to the Receiving Agency for one (1) training session at a location determined by the Receiving Agency. The Receiving Agency is expected to take advantage of this free session to improve local capacity to operate and maintain the AMBUS and may permit other TSA-E jurisdictions to participate so that additional regional support teams may be developed End of Schedule A Page 7 of 9 Equipment List - Exhibit A EXHIBIT A EQUIPMENT LIST AMBUS PROJECT 1. Sartin Services, Inc., ambulance bus, including a. Eight H-cylinder oxygen cylinders with twenty flow meters b. Nine D-cylinder oxygen cylinders with regulators c. Two powered rolling gurney — type stretchers d. Eighteen adjustable headrest type non -folding stretchers e. Five 12vDC suction units 2. One 12-lead cardiac monitor system with ancillary equipment 3. Five 3-lead EKG, NIBP, SpO2 wireless monitoring units 4. One VHF / UHF dual amateur band two-way mobile radio and ancillary equipment 5. One 700 - 800 / VHF commercial dual band mobile radio and ancillary equipment 6. One 700 - 800 / UHF commercial dual band mobile radio and ancillary equipment 7. One UHF commercial band mobile radio and ancillary equipment 8. Six portable VHF radios with ancillary equipment Total acquisition value of above items for insurance purposes is: $433,440.00 Page 8 of 9 Interlocal Cooperation Contract —Ambulance Bus Proiect Exhibit B EXHIBIT B AFFIDAVIT OF INSURANCE OR OTHER MEANS OF REPLACEMENT AMBUS PROJECT Receiving Agency: Area Metropolitan Ambulance Authority d/b/a MedStar Address: 505 East Berry Street City, State, Zip code Fort Worth, Texas 76110 In accordance with Section IV, paragraph A. (19), of Schedule (A) to the AMBUS Project Interlocal Cooperation Contract, I, Doug Hooten, hereby swear or affirm that Area Metropolitan Ambulance Authority d/b/a MedStar holds the required amount of insurance, or other means of replacement, for the total value of the AMBUS and issued equipment. r Check box if insurance is provided by a third party Check box if Receiving Agency is self -insured ATTEST: < Insert Signature Above> _e---s, ON -A-•-• 'ft, e. Douglas R. Hooten Executive Director <Insert Date of Signature Above> Third Party insurance certificate is attached Return form(s) to: NCTTRAC 600 Six Flags Drive, Suite 160 Arlington, TX 76011 End of Exhibit (B) Page 9 of 9 Exhibit "B" — Authority Services A. Provide technical assistance to the AMBUS builder regarding build specifications. B. Provide the medical staffing required under the NCTTRAC Agreement, including supervision, for the AMBUS in the event of any deployment of the AMBUS requested by Authority C. Provide up to $5,000 to City for the installation of a "shore line" at the storage facility for the AMBUS provided by City. D. Provide insurance for the AMBUS and AMBUS operators as required in the NCCTRAC Agreement. E. Provide, at Authority's sole cost and expense, the medical equipment that is required under the terms of the NCTTRAC Agreement, including but not limited to: a. Spinal immobilization equipment; b. Consumable medical supplies; c. Medical gasses; and d. Pharmaceuticals. Interlocal Agreement with MedStar for AMBUS Project Page 7 of 8 Exhibit "C" — City Services A. Provide, at City's sole cost and expense, for storage of the AMBUS at a suitable facility, acceptable to Authority. When AMBUS is stored in such facility, City will provide Authority with access to the AMBUS within one (1) hour of Authority's request for such access. B. At the request of Authority, provide properly licensed personnel to drive the AMBUS. C. At the request of Authority provide scheduled maintenance, as required by the vehicle manufacturer recommendations, or unscheduled maintenance, as may be required, of the AMBUS If such maintenance is requested by Authority, Authority shall reimburse City for the actual cost and expense it incurs in providing such maintenance. D. Provide, at City's sole cost and expense, a secure location for Authority personnel to park their vehicles during the deployment of the AMBUS, provided, however, that City is not liable for any loss, damage or injury of any kind to any person or property of any kind arising from the use of the provided location for vehicle parking. E Conduct periodic inspections and start-ups of the AMBUS to assure vehicle reliability. F:\AMAA\AMBUS\FW Agreement\Interlocal Agreement with FW (rev #3).doc Interlocal Agreement with MedStar for AMBUS Project Page 8 of 8 M&C Review DATE: CODE: SUBJECT: rrrrr COUNCIL ACTION: Approved on 9/25/2012 0 'dial site o Page 1 of 2 he. City of Fort Worth, Texas FORT WORT II 9/25/2012 N®FERENCE **C-25875 NAIL E, 36AMBUSSERVICESINTERLOCALAGREEMENT C TYPE' CONSENT PUBLIC NO HEARING: Ratify Interlocal Agreement for AMBUS Services Between the Area Metropolitan Ambulance Authority d/b/a Medstar and the City of Fort Worth (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council ratify the execution of an Interlocal Agreement between the Area Metropolitan Ambulance Authority d/b/a Medstar and the City of Fort Worth. DISCUSSION: The Area Metropolitan Ambulance Authority d/b/a Medstar (Medstar) has entered into an Interlocal Agreement with the North Central Texas Trauma Regional Advisory Council (NCTTRAC) for the exclusive use and possession of an ambulance bus (AMBUS) which was purchased by NCTTRAC with funding by the U.S. Department of Health and Human Services. The AMBUS is capable of providing multiple patient care and transport capabilities in the event of an emergency or disaster, including training for such events. Medstar and Staff had agreed to the terms of an Interlocal Agreement whereby Medstar would assign certain obligations under their Agreement with NCTTRAC to the City of Fort Worth (City). The Interlocal Agreement was fully negotiated when NCTTRAC requested that the AMBUS be prepared for deployment for use in the response to Hurncane Issac. In preparation for that event Medstar and the City executed the Interlocal Agreement which Staff now requests that the City Council ratify. The terms of the Agreement between Medstar and the City are as follows. Medstar will: 1. Provide technical assistance to the AMBUS builder regarding build specifications; 2. Provide the medical staffing required under the NCTTRAC Agreement, including supervision, for the AMBUS in the event of any deployment of the AMBUS requested by Medstar; 3. Provide up to the amount of $5,000.00 to the City for the installation of a "shore line" at the storage facility for the AMBUS provided by the City; 4. Provide insurance for the AMBUS and AMBUS operators as required in the NCTTRAC Agreement; and 5. Provide, at Medstar's sole cost and expense, the medical equipment that is required under the terms of the NCTTRAC Agreement, including but not limited to: a. Spinal immobilization equipment; http://apps.cfwnet.org/council_packet/mc review.asp?ID=17399&councildate=9/25/2012 1/29/2013 M&C Review b. Consumable medical supplies; c. Medical gasses; and d. Pharmaceuticals. Page 2 of 2 The City, through the Fort Worth Fire Department, will: 1. Provide, at City's sole cost and expense, for storage of the AMBUS at a suitable facility, acceptable to Medstar, and provide Medstar with unrestricted access to the AMBUS, at all times, when it is stored in such facility; 2. Provide properly licensed personnel to drive the AMBUS (and Medstar will reimburse for the City's costs associated with the drivers); 3. Provide scheduled or unscheduled maintenance of the AMBUS. If such maintenance is requested by Medstar, Medstar shall reimburse City for the actual cost and expense it incurs in providing such maintenance; 4. Provide, at City's sole cost and expense, a secure location for Medstar personnel to park their vehicles during the deployment of the AMBUS, provided, however, that City is not liable for any loss, damage, or injury of any kind to any person or property of any kind arising from the use of the provided location for vehicle parking; and 5. Conduct periodic inspections and start-ups of the AMBUS to assure vehicle reliability. All costs other than expenses reimbursed by Medstar will be absorbed by the Fire Department General Fund. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for Citv Manager's Office bv: Charles Daniels (6199) Oriainatina Department Head: Rudy Jackson (6801) Additional Information Contact: Rudy Jackson (6801) ATTACHMENTS http://apps.cfwnet.org/council_packet/mc review.asp?ID=17399&councildate=9/25/2012 1/29/2013