HomeMy WebLinkAboutContract 54182 CITY SECRETARY
CONTRACT NO.
%SFo9� �p INTERLOCAL AGREEMENT TO PROVIDE TRANSPORTATION SERVICES
This Agreement to Provide Transportation Services ("Agreement") is made and entered
into effective the Effective Date (see Section II.A below) by and between The Metropolitan Area
EISVB Authority doing business as MedStar Mobile Healthcare ("MedStar"), a governmental
agency created through the adoption of the Uniform EMS Ordinance and the Intellocal
Cooperative Agreement between municipalities under the provisions of section 773.051 of the
Texas Health and Safety Code and the provisions of Chapter 791 of the Texas Government Code
and the City of Fort Worth("City"), a Texas home rule municipality.
RECITALS
1. WHEREAS, the United States of America, the State of Texas, Tarrant County, d the
City of Fort Worth have all declared a state of emergency due to the recent coron virus
pandemic ("COVID-19"); and
2. WHEREAS,the Center for Disease Control has issued guidance to help prevent the spread
of COVID-19, including social distancing of at least six feet; and
3. WHEREAS, due to social distancing requirements, emergency shelters do not ha e the
capacity to house people who are experiencing homelessness; and
4. WHEREAS,City is committed to protecting the health, wellbeing, and life safety of City
residents who are homeless during times of emergency, such as the COVID-19 pandemic,
when community-based emergency shelters have reached full capacity or do not have the
ability to isolate or quarantine homeless persons who have or may have COVID-19; and
5. WHEREAS, MedStar is an interlocal governmental authority formed by its member
jurisdictions to further their governmental function of promoting the health and welfare of
the residents of the City and MedStar's other member jurisdictions; and
6. WHEREAS,City has opened an emergency overflow shelter at the Fort Worth Convention
Center and other subsequent location(s) ("Shelter") to increase the number of shelter beds
available to homeless individuals during this emergency and may utilize other facilities for
isolating similar purposes, including for quarantine or isolation of homeless persons who
have or may have COVID-19; and
7. WHEREAS,Due to the COVID-19 outbreak, isolation and quarantine sheltering services
are needed to ensure that homeless individuals who are diagnosed with COVID-19 or who
are suspected of having COVID-19 are separated from the general population at ho eless
shelters; and
8. WHEREAS, Individuals will need to be transported from local medical facilities directly
to the isolation shelter to ensure that the virus is not spread during transport; and
OFFICIAL RECORD
CITY SECRETARY
c °�s� FT. WORTH,T%
9. WHEREAS, MedStar can provide transportation to these individuals while also
minimizing the spread of COVID-19; and
10. WHEREAS, Chapter 791 of the Texas Government Code allows for local governments to
enter into Interlocal Agreements for the provision of governmental functions and both City
and MedStar meet the definition of local government and wish to enter into this agreement
to provide transportation from local medical facilities and temporary and permanent
homeless shelters to isolation and quarantine shelters for homeless individuals in the City
of Fort Worth.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
agree as follows:
I. PURPOSE. The purpose of this Agreement is to provide transportation for homeless
individuals who exhibit symptoms of or who are confirmed to have contracted COVID-19.
The parties wish to protect the health and safety of the individuals living in both the City
and Tarrant County by providing a place for homeless individuals who are either COVID-
19 positive or exhibiting symptoms of COVID-19 to remain until they have recovered or
are no longer suspected of having the virus. To achieve this, an isolation shelter has been
created and additional shelters may be established. However, a critical component to
minimizing the potential spread of the virus, is the transportation of the individuals to and
from medical facilities to the shelters and between shelters as necessary. This will not only
keep the virus from being spread through public transit but will also ensure that the
individuals comply with an order to isolate.
Both parties agree this Agreement serves a public purpose in protecting the health of the
citizens of Fort Worth and Tarrant County, Texas.
II. SERVICES TO BE PERFORMED.
A. CITY will:
• Coordinate with hospitals and other healthcare facilities in Tarrant County
to identify homeless individuals who exhibit symptoms of or who are
confirmed to have contracted COVID-19.
• Notify MedStar's dispatch center when individuals need to be transferred
between shelters.
• Provide MedStar's dispatch center with the names, location, and date of
birth of such individuals.
• Confirm the acceptance of such individuals if they were not referred directly
by the City to MedStar.
• Receive such individuals at the Shelter upon delivery by MedStar.
• City contract administrator is Kevin Gunn and can be reach at 817-392-
2015.
• City contact for confirmation of acceptance prior to transport to She ter is
Steven Hole and can be reached at 817-392-6145 or
Steven.Hole@fortworthtexas.gov.
B. MEDSTAR will:
• Coordinate with hospitals and other healthcare facilities in Tarrant County
to identify homeless individuals who exhibit symptoms of or who are
confirmed to have contracted COVID-19.
• Contact the City to confirm the acceptance of such individuals if they were
not referred by the City.
• Provide appropriate transportation to the Shelter for such individuals.
• MedStar's contract administrator is Kenneth Simpson, Chief Operating
Officer, and can be reached at (817) 269-7494 or
ksimpson@medstar9l Lorg.
III. MISCELLANEOUS
A. Term and Termination
1. Term. Services under this Agreement began on March 18, 2020 ("Effective Date")
and the Agreement shall expire immediately at the time all emergency overflow
shelters are closed by the City or immediately upon written notice by the City,
whichever is earlier. Execution of this Agreement shall be deemed to be effective as of
the Effective Date and execution after the Effective Date shall have no bearing qn the
enforceability of the Agreement.
2. Termination. City may terminate this Agreement at any time and for any reason by
providing MedStar with written notice of termination. The termination shall be
immediate upon notice or on a date certain, if the City includes a specific date of
termination in its written notice. MedStar may terminate this Agreement at any time
and for any reason by providing City 30 days' written notice of termination.
B. Records. Each party shall maintain their own service records in accordance with their
records policies and any applicable laws or regulations. Any records that must be
shared to effectuate the purpose of this Agreement shall be done only as allowed by
law and in compliance with any applicable regulations.
C. Equipment. Each party shall provide any equipment needed to perform theiruties
and obligation under this Agreement.
D. Immunity. It is expressly understood and agreed that in the execution of this
Agreement, no party waives nor shall be deemed hereby to waive any immunity or
defense that would otherwise be available to it against claims arising in the exercise of
governmental powers and functions.
E. Remedies.No right or remedy granted herein or reserved to the parties is exclusive of
any other right or remedy herein by law or equity provided or permitted; but each shall
be cumulative of every other right or remedy given hereunder. No covenant or
condition of this Agreement may be waived without written consent of the p ies.
Forbearance or indulgence by either party shall not constitute a waiver of any covenant
or condition to be performed pursuant to this Agreement.
F. Amendment. No supplement, modification or amendment of any term, provision, or
condition of this Agreement shall be binding or enforceable on either party hereto
unless in writing signed by both parties.
G. Consideration and Compensation. The Parties acknowledge that as a condition
precedent to signing this Agreement, that there was good and valuable consideration
exchanged between the Parties. The Parties further acknowledge that there is a shared
public mission to stop the spread of COVID-19. City accepts MedStar's provision of
transportation to those individuals who must be housed in the isolation facilities at the
emergency overflow shelters as consideration for its obligations and duties set forth in
this Agreement. MedStar accepts City's provision of isolation and quarantine facilities
for the overflow emergency shelters as consideration for its performance of its duties
and obligations set forth in this Agreement.
No payment shall be made from City to MedStar for any services provided in
connection with or pursuant to this Agreement and the parties stipulate that MedStar's
services under this Agreement are in furtherance of the governmental functions
delegated to it by the City and its other member jurisdictions. As further consideration
to MedStar,the parties agree that MedStar will track all expenses incurred in providing
services and supplies under this Agreement and may submit requests for reimbursement
to the State of Texas and United States Government. City will use its best to efforts to
assist MedStar in obtaining such reimbursement.
H. Assignment. No party to this Agreement may assign its rights under this Agreement
without the prior written consent of the other party.
I. Governing Law; Jurisdiction. The agreement between the parties regarding the
subject matter hereof shall be governed by and interpreted in accordance with they laws
of the state of Texas, without reference to its laws relating to conflicts of law. Any
legal action arising out of or relating to the subject matter hereof shall be brough only
in the state or federal courts located in Tarrant County, Texas, and the p�rties
irrevocably consent to the jurisdiction and venue of such courts.
J. Relationship of the Parties. None of the provisions of this Agreement are intended to
create, and none shall be deemed or construed to create, any relationship between the
parties,other than that of independent contractors. This Agreement shall not create the
relationship of employer-employee,agency,partnership,or j oint venture. Neither party
shall have the right or power in any manner to unilaterally obligate the other to any
third party, whether or not related to the purpose of this Agreement.
K. Notices. Notices pursuant to this Agreement must be in writing to be effective. Notices
shall be delivered as follows:
For MEDSTAR:
Metropolitan Area EMS Authority dba MedStar
2900 Alta Mere Drive
Fort Worth, Texas 76116
Attn: General Counsel
With copy to Compliance o medstar911.org
For City: City of Fort Worth
Attn: Valerie Washington, Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's Office at same address
L. Severability. Should any part, term, or provision of this Agreement be declared to be
invalid, void, or unenforceable, all remaining parts, terms, and provisions hereof shall
remain in full force and effect, and shall in no way be invalidated, impaired,or affected
thereby.
M. Entire Agreement. This Agreement contains the entire agreement between the parties
relating to the rights herein granted and the obligations herein assumed, and supersedes
all prior written or oral agreements or communications between the parties.
J. Electronic Signatures; Facsimile and Scanned Copies; Duplicate Originals;
Counterparts; Admissibility of Copies. Each Party agrees that: (i) any electronic
signature (if any), whether digital or encrypted, to this Agreement made by any Party
is intended to authenticate this Agreement and shall have the same force and effect as
an original manual signature; and (ii) any signature to this Agreement by any Party
transmitted by facsimile or by electronic mail shall be valid and effective to bind that
Party so signing with the same force and effect as an original manual signature.
Delivery of a copy of this Agreement or any other document contemplated hereby
bearing an original or electronic signature by facsimile transmission (whether directly
from one facsimile device to another by means of a dial-up connection or whether
mediated by the worldwide web),by electronic mail in portable document format(.pdf)
form, or by any other electronic means intended to preserve the original graphic and
pictorial appearance of a document, will have the same effect as physical delivery of
the paper document bearing an original or electronic signature. This Agreement may
be executed in multiple duplicate originals and all such duplicate originals shall be
deemed to constitute one and the same instrument. This Agreement may be executed
in counterparts,each of which shall be deemed to be an original,but all of which,taken
together, shall be deemed to constitute a single instrument. The Parties warrant and
represent that a true and correct copy of the original of this Agreement shall be
admissible in a court of law in lieu of the original Agreement for all purposes of
enforcement hereof.
K. Binding Agreement. The parties hereto warrant and represent that upon execution
hereof,this Agreement shall be a legal, valid and binding obligation on them and shall
be enforceable against them in accordance with its terms. The individuals signing this
Agreement warrant and represent that they are duly authorized to sign this Agreement
on behalf of the parties hereto.
L. Budgetary Limitations. The parties acknowledge and agree that both parties are
governmental entities and, as such, are subject to an annual budgetary processes and
the limitations and restrictions of fiscal funding. Notwithstanding any other provision
herein, if and to the extent the obligations of this Agreement should continue over into
MedStar's or City's subsequent fiscal years following that fiscal year when this
Agreement was executed and funds are not appropriated or budgeted for this
Agreement and completion of the Term in question, MedStar or City may terminate
this Agreement. Each Party shall pay for its own performance in connection with this
Agreement out of its own available current revenues.
M. Right to Audit. MedStar agrees that City shall, until the expiration of three (3) ears
after termination or expiration of this Agreement, have access to and the right to
examine any directly pertinent books, documents, papers and records of MedStar
involving monetary transactions relating to the Agreement. The Parties acknowledge
and agree that no money is being exchanged under this Agreement.
N. Liability. Each Party shall be solely responsible for its own actions or inaction and
the actions or failure to act of its respective employees, agents, officers, officials, and
contractors. Neither Party shall be responsible for the actions, errors, omissions,
negligence, misfeasance, or malfeasance of the other Party or any employee, agent,
ffi ocer, official or contractor of the other Party. 7
[Signature page follows]
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Consented to and Agreed as of the Effective Date.
MedStar:
By-
Name:Dou as R.Hooten
Title: Chief Executive Officer
Date: G-f Zesd
CITY:
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract,including ensuring all performance
By: and reporting requirements.
Name:
r
Title: Assistant City Manager
Date: (1122pe By:
Name: 4V/'/ 6-U",V /
Approval Recomm nded: Title:
Approved as to Form and Legality:
By: _ �
Name: ��F
Title: �• ° By: "
f. � 7
Name: CP- rl ( G E i q/ v
Attest: Title: - ity Attorney
Contract Authorization:
FORE C:
By: dl
Name: Mary J.Kay oel
Title: City Secretary '� '�J►
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