HomeMy WebLinkAboutContract 61481CSC No. 61481
INTERLOCAL AGREEMENT
BETWEEN
THE METROPOLITAN AREA EMS AUTHORITY AND
THE CITY OF FORT WORTH
REGARDING THE PROVISIONS OF
EMERGENCY MEDICAL SERVICES FOR PRISONERS
This Interlocal Agreement (The "Agreement") is entered into and effective as of October 1, 2023,
between the Metropolitan Area EMS Authority ("MAEMSA") and the City of Fort Worth ("City")
regarding the medical evaluation, treatment, and transportation of persons in custody of the City.
WHEREAS, MAEMSA is a governmental administrative agency created through a Restated
Interlocal Cooperative Agreement (Hereinafter "RICA") between municipalities under the provisions of
Section 773.051 of the Tex. Health & Safety Code and the provisions of Chapter 791 of the Tex.
Government Code, as amended, and
WHEREAS, MAEMSA is the exclusive provider of ambulance response to 9-1-1 calls for
emergency medical service ("EMS") in the jurisdiction of the City; and
WHEREAS, the purpose of this Agreement is to state the terms and conditions under which the
City will reimburse MAEMSA for the Emergency Medical Services (Hereinafter "EMS") of persons
confined in City holding facilities or otherwise in custody of a peace officer or guard of the City, or its
contractors, or under detention, but not including those individuals transferred to the holding facility in
North Richland Hills (collectively, "Prisoners");
NOW THEREFORE, in consideration of the agreements contained herein and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto
agree as follows:
I. PURPOSE
The purpose of this Agreement is to state the understanding of the Parties regarding the provision of EMS
for City Prisoners.
II. SERVICES PROVIDED
A. MAEMSA shall provide medical evaluation, treatment, and transportation for emergency and non -
emergency calls for service (the "Services") to Prisoners. Any ambulances used by MAEMSA in
the delivery of the Services shall be staffed with at least two (2) persons who are licensed or
certified by Texas law to render emergency medical care. MAEMSA shall make the Services
available twenty-four (24) hours per day, seven (7) days per week. The initial determination of
whether a transport is an "emergency" or "non -emergency" shall be made by MAEMSA and may
upgrade or downgrade the response in accordance with established MAEMSA standards and
protocols. To initiate the provision of Services hereunder, the appropriate City representative or
City facility staff shall contact MAEMSA to communicate a request.
III. FEES FOR SERVICES
A. Fees for Services ("Charges") will be determined by the Centers for Medicare and Medicaid
Services ("CMS") fee schedule in effect for the locality at the time Services are rendered. Charges
shall be updated in accordance with updates to the CMS fee schedule.
B. Charges shall also include Services not covered by Medicare or third party payors that are set forth
on Exhibit A, which is incorporated herein by reference.
IV. PAYMENT FOR SERVICES
A. City shall be liable to and shall pay MAEMSA the Charges invoiced by MAEMSA, in accordance
with the CMS fee schedule at the time of service, and any additional fees for service listed on
Exhibit A. MAEMSA shall provide City with a monthly invoice for services rendered which shall
contain the elements within Exhibit B incorporated herein by reference.
B. The above notwithstanding, in no event will the City be liable to MAEMSA for any charges in
excess of $250,000.00 for a single fiscal year without prior authorization from the Fort Worth City
Council. In the event that MAEMSA provides service to the City such that MAEMSA anticipates
invoicing the City for an amount that will cause the total payment from the City to exceed
$250,000.00 in any single fiscal year, MAEMSA will first notify the City, in writing, to allow the
City to obtain proper authorization. If such authorization is not obtained, then any amounts owed
over $250,000.00 will automatically be deferred to the next fiscal year. Any such invoices that are
deferred to the next fiscal year are a liability of that fiscal year and will be treated as if services
had been rendered after October I". Payment for such invoices will be due thirty days after the
start of the fiscal year in which the invoice is deferred.
V. TERMS OF AGREEMENT
A. This Agreement shall become effective on the date first written above and shall continue in effect
for one (1) year with unlimited annual reviews thereafter, unless earlier terminated pursuant to
Paragraph VII below. The Agreement may be renewed on an annual basis after the initial term by
the mutual written agreement of the Parties.
VI. PERMITTED USES AND DISCLOSURES
A. City agrees and understands that patient care data maintained by MAEMSA is protected health
information ("PHI") as defined by 45 CFR § 160.103, and MAEMSA shall comply with the Health
Insurance Portability and Accountability Act of 1996 ("HIPAA") federal standards for privacy and
security of identifiable health information, located at 45 CFR § 160 and § 164, Subparts A and E
(the "Privacy Rule") and Part § 164, Subparts A and C (the "Security Rule"); as amended by the
Health Information, Technology for Economic and Clinical Health (HITECH) Act, Title XIII of
Division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009
("ARRA"), and the HIPAA Omnibus Final Rule, 78 Fed. Reg. 5566 (Jan. 25, 2013) (collectively
the "HIPAA Rules").
VII. TERMINATION
A. Either party may terminate this Agreement with or without cause by giving sixty (60) days written
notice to the other party of the effective date of termination. If the City gives notice of termination
within thirty (30) days of receiving notice of a rate increase by MAMESA, only thirty (30) days'
notice shall be required to affect a termination and the existing rates will remain in effect for the
thirty (30) days before termination.
B. Either party may terminate this Agreement in the event of the other parry's material breach hereof,
provided, however, that termination for breach shall not become effective unless and until the party
in breach has been given written notice of such breach describing the nature of the breach with
sufficient specificity to permit its cure, and such party shall have failed to have cured such breach
to the reasonable satisfaction of the other within thirty (30) days following said notice.
C. In the event of nonpayment by the City of any amount due hereunder within sixty (60) days,
MAEMSA may terminate this Agreement on ten (10) days written notice.
D. Termination shall have no effect upon the rights or obligations of the parties arising out of any
transactions occurring prior to the effective date of such termination.
VIII. NOTICES
A. Any notice required to be given pursuant to this Agreement shall be in writing and shall be sent
by certified mail, registered mail, or hand delivery to the parties at the addresses set forth below:
MAEMSA: Metropolitan Area EMS Authority
2900 Alta Mere Drive
Fort Worth, Texas 76116
Attn: General Counsel
Compliance(i�medstar9l Lorg
City: City of Fort Worth
200 Texas St.
Fort Worth, Texas 76102
Attn: City Manager
IX. GOVERNING LAW AND VENUE
A. This Agreement shall be construed under and in accordance with the laws of the State of Texas,
and all obligations of the parties created under this Agreement are performable in Tarrant County,
Texas. The venue of any litigation arising from this Agreement shall be in a court of competent
jurisdiction in Tarrant County, Texas. The venue of any dispute resolution activity shall be in Fort
Worth, Tarrant County, Texas.
X. AMENDMENT
A. This Agreement may only be amended by a written instrument signed by both parties.
XI. RIGHT TO AUDIT
A. MAEMSA agrees that City shall, until the expiration of three (3) years after final payment under
the Agreement, have access to and the right to examine any directly pertinent books, documents,
papers and records of MAEMSA involving transactions relating to the Agreement. MAEMSA
agrees that City shall have access during normal working hours to all necessary MAEMSA
facilities and shall be provided adequate and appropriate workspace in order to conduct audits in
compliance with the provisions of this section. City shall give MAEMSA reasonable advance
notice of intended audits.
Signature Page to Follow
CITY OF FORT WORTH:
By: ValerieWashington (May 31,202408:55CDT)
Name: Valerie Washington
Title: Assistant City Manager
Date: May 31, 2024
METROPOLITAN AREA EMS
AUTHORITY:
By:
Ken 4Simpson (May 20, 202416:32 CDT)
Name: Kenneth J. Simpson
Title: Chief Executive Officer
May 20, 2024
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended:
By.
AL
Robe' Ai ay 31, 2024 08:54 CDT)
Name:
Robert A. Alldredge, Jr.
Title:
Executive Assistant Chief
Approved as to Form and Legality
By:
Name: Taylor C. Paris
Title: Assistant City Attorney II
M&C: 24-0437 5/14/2024
City Secretary:
?"PC -
By:
Name: Jannette S. Goodall
Title: City Secretary
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 and reporting
requirements.
By:
Name: Loraine Coleman
Title: Administrative Services Manager
EXHIBIT A
The Charges for Services not covered by the Medicare Fee Schedule or third -party payors shall be
as follows:
Service Level/Type HCPCS Code Fee
Ambulance Response, Treatment, No Transport A0998 $500.00
EXHIBIT B
MONTHLY INVOICE ELEMENTS
Each monthly invoice will include the following categories of information. If requested by City,
MAEMSA agrees to provide the City with a report of all invoices sent to the City pursuant to this
Agreement and the related categories information included with each invoice, and total amounts invoiced
to City and amounts paid by City to MAEMSA pursuant to this Agreement.
1. Date of Service
2. Invoice Number
3. Run Number
4. Incident Number
5. Inmate Name
6. Date of Birth
7. Gross Charges
8. Call Type- Priority
9. Patient Complaint
10. Loaded Miles
11. Pickup Facility
12. Pickup Address
13. Pickup City
14. Pickup State
15. Pickup Zip
16. Destination Facility
17. Destination Address
18. Destination City
19. Destination State
20. Destination Zip
21. City of Fort Worth Contract No.
Monthly Invoices shall be emailed to: Loraine. Coleman(a,fortworthtexas.gov and FWPD-
Invoicing(a,fortworthtexas.gov
M&C Review Page 1 of 2
Official site of the City of Fort Worth, Texas
A CITY COUNCIL AGEND FoRT� WORTH
Create New From This M&C
REFERENCE **M&C 24- 35MEDSTAR EMS FOR
DATE: 5/14/2024 NO.: 0437 LOG NAME: INDIVIDUALS IN POLICE
CUSTODY
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Execution of an Interlocal Agreement with the Metropolitan Area
Emergency Medical Services Authority, d/b/a Medstar, to Provide for City Reimbursement
to Medstar for Costs Associated with Emergency Medical Services Provided to Individuals
in Fort Worth Police Department Custody, in an Amount Up to $250,000.00 Per Fiscal
Year, with Options to Renew
RECOMMENDATION:
It is recommended that City Council authorize the execution of an Interlocal Agreement with the
Metropolitan Area Emergency Medical Services Authority, d/b/a Medstar, to provide for the City to
reimburse Medstar for costs associated with Emergency Medical Services provided to individuals in
Fort Worth Police Department custody, in an amount up to $250,000.00 per Fiscal Year, with options
to renew.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize execution of an
Interlocal Agreement with the Metropolitan Area Emergency Medical Services (EMS) Authority, d/b/a
Medstar (Medstar), for reimbursement of the costs of EMS provided by Medstar to individuals in Fort
Worth Police Department (Police) custody.
Arrested individuals are taken to the City of Fort Worth holding facility at 350 West Belknap and
detained until a Magistrate determines whether probable cause exists. If probable cause for the arrest
is found to exist, then the arrested individual is transferred to the Tarrant County Sherriff's
Department's custody (the County). Once the arrested individual is in the custody of the County, the
person's care becomes the County's responsibility.
If this M&C is approved by City Council the agreement would be executed to have an effective date of
October 1, 2023. Under the agreement Medstar will provide medical evaluation, treatment, and
transportation for emergency and non -emergency calls for service to persons confined in City holding
facilities or otherwise in the custody of Police or its contractors, and the City will reimburse costs at an
agreed rate. The agreement will require Medstar to staff any ambulance providing this service with at
least two individuals licensed or certified to render emergency medical care. Medstar will also make
the initial determination whether a transport is an emergency or non -emergency situation.
The City will contact Medstar to request EMS; Medstar will charge the City fees as determined by the
Centers for Medicare and Medicaid Services fee schedule in effect for the locality at the time services
are provided. Medstar will provide the City with a monthly invoice to include detailed information such
as the date of service, relevant locations, miles traveled, costs, and the information concerning the
individual who required EMS.
Funding is budgeted in the General Oper & Maint category Crime Control & Prev Distr Fund for
the Police Department.
BUSINESS EQUITY: A business equity goal is not assigned when purchasing from an approved
purchasing cooperative or public entity.
AGREEMENT TERM: Upon City Council's approval and execution of the Agreement by the Assistant
http://apps.cfwnet.org/council_packet/mc review.asp?ID=32143&councildate=5/14/2024 5/20/2024
M&C Review
Page 2 of 2
City Manager, the initial term will expire September 30, 2024, with options to renew.
RENEWAL OPTIONS: The Agreement will be reviewed annually. After the initial term, the agreement
may be renewed on an annual basis by mutual written agreement of Medstar and the City, for
unlimited renewal terms.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies funds are available in the current operating budget, as previously
appropriated, in the Crime Control & Prev Distr Fund to support the approval of the above
recommendation and execution of the agreement. Prior to an expenditure being incurred, the Police
Department has the responsibility to validate the availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID I Year (Chartfield 2)
Submitted for Citv Manaqer's Office bv: Valerie Washington (6192)
Originating Department Head: Neil Noakes (4212)
Additional Information Contact: Robert A Alldredge (4131)
ATTACHMENTS
35MEDSTAR EMS FOR INDIVIDUALS IN POLICE CUSTODY.docx (CFW Internal)
FID Table Medstar 4-9-2024.XLSX (CFW Internal)
IR 24-1811 - Interlocal Agreement for EMS Care and Transport.pdf (Public)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=32143&councildate=5/14/2024 5/20/2024