HomeMy WebLinkAboutContract 42932 (2)--- fi
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AMBULANCE SERVICE AGREEMENT
T is Ambulance Service Agreement ("Agreement") is entered into as of this ���day of
�_-- ���' ��i'�l�G � 2011 by and between The City of Fort Worth, a Texas municipal
corporatio �("City"), and the Area Metropolitan Ambulance Authority d/b/a MedStar, a
duly created governmental agency ("Authority").
WHEREAS, Authority was created in 1988 as a successor to the Fort Worth Ambulance
Authority, when both City and the City of Haltom City entered into an EMS Interlocal
Cooperative Agreement and adopted a Uniform Emergency Medical Services Ordinance
(Ordinance No. 10094), and Authority began operations on August 1, 1988 with nine
members, providing services through a contract with a private provider;
WHEREAS, pursuant to Section 773.051 of the Texas Health and Safety Code, which
states that municipalities may establish standards for ambulances, and Section 791.001 of
the Texas Government Code, which provides that combinations of local government units
may contract for the provision of governmental services, the City of Fort Worth enacted a
revised uniform EMS ordinance, Ordinance No. 13667 on December 15, 1998
("Ordinance"), said ordinance now being codified in Chapter 5 of the City of Fort Worth
Code of Ordinances;
WHEREAS, through the adoption of the Ordinance and a revised interlocal cooperative
agreement, now lcnown as the Restated EMS Interlocal Cooperative Agreement, dated
December 15, 1998 (City Secretary Contract No. 24507) ("Interlocal Agreement"),
Authority was designated the sole provider of ambulance services in City, and Authority
continued to provide services through a contract with a private provider;
WHEREAS, the Interlocal Agreement was amended on May 30, 2006 (City Secretary
Contract No. 33907) to allow Authority to operate the ambulance service directly or to
award the operation of the ambulance service to a private contractor, and Authority has
chosen to operate the ambulance service directly to date;
WHEREAS, the residents of far north Fort Worth have provided feedback to City and
Authority on the need for shortened ambulance response times in far north Fort Worth;
WHEREAS, Authority utilizes an ambulance deployment methodology based on meeting
predicted call demand (not on covering geography) which results in infrequent
deployment of an ambulance in the far north Fort Worth area because the area accounts
for a low volume of call demand;
WHEREAS, in an attempt to address the issues raised by the residents of far north Fort
Worth, City and Authority have determined to implement a pilot program whereby
Authority will post a dedicated ambulance unit at a specified location in far north Fort
Worth during five peak weekday time segments, and City will cover the cost to the
system, as more particularly set forth in this Agreement;
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AMBULANCE SERVICE AGREEMENT Page 1 of 8
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 hereundel• 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, for the consideration as set forth below, and other good and
valuable consideration, the parties do hereby agree as follows:
1. Services Provided: Authority hereby agrees to post a dedicated ambulance to far
north Fort Worth, in the areas (collectively, the "Service Area") depicted on Exhibit "A"
— Service Area, attached hereto and made a part hereof for all purposes. The ambulance
service provided shall be as specified on Exhibit "B" — Service Plan, attached hereto and
made a part hereof for all purposes. Authority shall perform services hereunder in
compliance with all provisions of the Interlocal Agreement.
2. Effectiveness of Service: Authority shall measure the effectiveness of the
services provided under this Agreement as specified on Exhibit "C" — Project Evaluation,
attached hereto and made apart hereof for all purposes. Authority shall provide monthly
reports of the data collected pursuant to this Section to the Fort Worth Fire Department
and the Authority's Board of Directors.
3. Initial Term: The parties agree that the term of this Agreement shall be four (4)
months ("Initial Term"), commencing on February 27, 2012 and ending on June 26,
2012, with two 4-month extensions, if mutually agreed upon by the parties.
4. Renewal Term: At the conclusion of the Initial Term and the first 4-month
extension, City and Authority shall review the reports of the data collected under Section
2, and shall determine if the services will be continued or modified, or if they will be
terminated. This Section 4 shall survive the termination or expiration of this Agreement.
5. Consideration: City shall pay to Authority SEVENTY-EIGHT THOUSAND
THREE HLTNDRED THIRTY-THREE DOLLARS AND NO/100 ($78,333) for each
term of this Agreement, to be paid at the beginning of the Initial Term and subsequent
extensions, if any, with an amount not to exceed of TWO HLTNDRED THIRTY-FOUR
THOUSAND NINE HLTNDRED NINETY-NINE AND NO/100 ($234,999) for the
Agreement.
AMBULANCE SERVICE AGREEMENT Page 2 of 8
6. Liabilitv:
A UTHORITY SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND
ALL CLAIMS, DEMANDS, LAWSUITS OR OTHER ACTIONS FOR DAMAGES OF
AIVYKIND, INCLUDING, BUT NOT LIMITED TO, PROPERTYLOSS, 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 MISCOND UCT OF
AUTHORITY, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
7. Termination: City may terminate this Agreement at any time and for any reason
by providing Authority with written notice of termination. In the event that this
Agreement is terminated under this Section, Authority shall repay to City the
consideration paid pursuant to Section 5 in a pro-rated amount that corresponds with the
amount of time remaining in the term that was terminated, so that the Authority is not
compensated for services not performed.
8. Notice: If either party wants to extend or terminate 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:
Citv of Fort Worth
Rudy Jackson, Fire Chief
1000 Throckmorton
Fort Worth, Texas 76102
Phone: (817) 392-6805
Fax: (817) 392-8940
With a copy to:
Leann D. Guzman
City Attorney's Office
1000 Throckmorton
Fort Worth, Texas 76102
Phone: (817) 392-7600
Fax: (817) 392-8359
MedStar
Jack Eades
Executive Director
Fort Worth, Texas
Phone: (817) 923-3700 ext 109
Fax: (817)
Matthew D. Goetz
Murphy Mahon Keffler & Farrier, LLP
505 Pecan Street, Suite 101
Fort Worth, Texas 76102
Phone: (817) 877-3299
Fax: (817) 632-9660
9. Audits: 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.
AMBULANCE SERVICE AGREEMENT Page 3 of 8
10. Independent Contractor: It is expressly understood and agreed that Authority
shall operate as an independent contractor as to all rights and privileges granted herein,
and not as an agent, representative or employee of City. Subject to and in accordance
with the conditions and provisions of this Agreement, Authority 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 ofiicers, agents, servants, employees, contractors and
subcontractors. Authority acknowledges that the doctrine of respondent superior shall
not apply as between City, its officers, agents, servants and employees, and Authority, its
officers, agents, employees, contractors and subcontractors. Authority further agrees that
nothing herein shall be construed as the creation of a partnership or joint enterprise
between City and Authority.
11. Assi�nment and Subcontracting_ Authority shall not assign or subcontract any
of its duties, obligations or rights under this Agreement.
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. If any claim arises
from an alleged violation of this non-discrimination covenant by Authority, its personal
representatives, assigns, subcontractors or successors in interest, Authority agrees to
assume such liability and to indemnify and defend City and hold City harmless from such
claim.
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. Severabilitv: 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.
AMBULANCE SERVICE AGREEMENT Page 4 of 8
CITY OF FORT WORTH
les Daniels
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Date:
t City Manager
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APPROVED AS TO FORM AND
LEGALITY:
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AMBULANCE AUTHORITY
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Executive Director
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APPROVED AS TO FORM ONLY:
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AMBULANCE SERVICE AGREEMENT Page 5 of 8
Exhibit "A" — Service Area
MAP S C O grids 4, 5, 6, 7, 8, 9, 19, 20, 21, 22, 641, 642, 643 and 644
AMBULANCE SERVICE AGREEMENT Page 6 of 8
Exhibit "B" — Service Plan
Authority will post a dedicated ambulance staffed with one paramedic
and one EMT at MAPSCO grid 7U during the following five 12-hour
increments of each calendar week during the term of the Agreement
(collectively, the "Coverage Periods"):
o Mondays 08:00 — 20:00
o Tuesdays 05:00 — 17:00
o Wednesdays 07:00 — 19:00
o Thursdays 08:00 — 20:00
o Fridays 10:00 — 22:00
This ambulance will be dedicated to serve only the Service Area during
the Coverage Periods.
When the dedicated ambulance has been dispatched on a call, it will be
backfilled in accordance with Authority's usual deployment plan.
AMBULANCE SERVICE AGREEMENT Page 7 of 8
Exhibit "C" — Proiect Evaluation
Starting with the first full month after project initiation, Authority will
report to the Fort Worth Fire Department and the Authority's Board the
average and fractile response times for all Priority 1, 2 and 3 calls
during the Coverage Periods in the Service Area.
To determine the effectiveness of the pilot project, this data will be
compared to two benchmark metrics:
o The average and fractile response times for all Priority 1, 2,
and 3 calls for the time segments during the Pilot Project when
the dedicated unit is not posted in the Service Area.
o The average and fractile response times for all Priority 1, 2
and 3 calls for the 90 day period prior to the Pilot Project
initiation in the Service Area.
AMBULANCE SERVICE AGREEMENT
�
CITY COUNCIL AGENDA
Official site of the City of Fort Worth, Texas
FORT �'ORTH
-��-
. � • �.. . -. . �
DATE:
CODE
2/21 /2012
C�]
REFERENCE
NO..
TYPE:
**C-25448 LOG NAME:
CONSENT PUBLIC
HEARING:
36MEDSTARPILOTPROG
NO
SUBJECT: Authorize Execution of a Contract with the Area Metropolitan Ambulance Authority d/b/a
MedStar, for a Pilot Program in Far North Fort Worth for Dedicated Ambulance Service in
the Amount of $235,000.00 (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council authorize execution of a contract with the Area Metropolitan
Ambulance Authority d/b/a MedStar, for a pilot program in Far North Fort Worth for dedicated
ambulance service in the amount of $235,000.00.
DISCUSSION:
In the Fiscal Year 2012 budget, $300,000.00 was included for funding a pilot program for the
provision of dedicated ambulance services to certain areas of Far North Fort Worth. Area
Metropolitan Ambulance Authority d/b/a MedStar (MedStar) has proposed a service plan that will staff
a dedicated ambulance unit posted in a specific Mapsco grid. The unit will be posted Monday through
Friday for 12-hour increments and will respond to surrounding Mapsco grids. When the dedicated unit
is dispatched, MedStar's normal deployment plan will backfill the unit.
The effectiveness of the program will be determined by a comparison of response time data from the
pilot area during times a dedicated unit is deployed versus times when a dedicated unit is not posted.
Prior to the end of the first four month pilot period, the City of Fort Worth and MedStar will review the
operational data and make a determination to continue or modify the program or allow the program to
expire.
The terms of the contract provide for an initial four month pilot program with two four month
extensions available upon mutual agreement by both parties. MedStar will be paid $78,333.00 for
each four month service period.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations, funds will be available in the current budget, as appropriated, in the General Fund.
TO Fund/Account/Centers
FROM Fund/Account/Centers
GG01 539120 0905600 $235,000.00
Submitted for City Manager's Office bv:
Originatinq Department Head:
Additional Information Contact:
Charles Daniels (6199)
Rudy Jackson (6801)
Rudy Jackson (6801)
ATTACHMENTS