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HomeMy WebLinkAboutRes1996-090 , , , Sponsored by: Garzini CITY OF SEWARD, ALASKA RESOLUTION NO. 96-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING AN AGREEMENT BETWEEN THE CITY AND THE SEWARD VOLUNTEER AMBULANCE CORPS FOR THE PROVISION AND SUPPORT OF EMERGENCY MEDICAL SERVICES RESPONSE WITHIN THE CITY OF SEWARD WHEREAS, the City has had a long-standing agreement with the Seward Volunteer Ambulance Corps (SV AC) and Seward General Hospital for the provision of emergency medical response services; and WHEREAS, Providence Alaska Medical Center (Providence~ has assumed operational control over hospital services in Seward resulting in the demise of Seward General Hospital as a corporate entity; and WHEREAS, this change in management of City hospital and other medical facilities necessitates a revision of the City/Hospital agreement with SV AC; and WHEREAS, it is anticipated that Providence will negotiate a separate agreement with SV AC; and WHEREAS, the City wishes to continue its traditional support of SV AC through the provision of insurance coverage, vehicle maintenance and lease arrangements for ambulances; and WHEREAS, funds were included in the approved FY 1997 budget to cover all costs associated with this agreement; NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Sectior.l. The agreement between the City of Seward and the Seward Volunteer Ambulance Corps, a copy' of which is attached and incorporated herein by reference, for the provision of emergency medical response services within the City is hereby approved and the City Manager is authorized and directed to execute the agreement on behalf of the City of Seward. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 22nd day ofJuly, 1996. CITY OF SEWARD, ALASKA RESOLUTION NO. 96-090 THE CITY OF SEWARD, ALASKA AYES: NOES: ABSENT: ABSTAIN: Anderson, Bencardino, Crane, Keil, King, Sieminski None Deeter None ATTEST: (City Seal) ",UII"", """,,~ O~.~~~y;###.... " ~ .'~..' ."" '. .~..., ~ (j .",<)\,f .....'{" .... '',oJ -e. -- .....,.'^ ""~'~'" f# 1CIt . ~.,; .'\~~ . >II" .: l.....; ,k..-:, l<1I . i"<..~. ~.. =.i ~ :t;::: _ . k)' '.. " . : .. ; ". _r :: VI' I. c/, .,f1,.," -. IS,,'..'!A;I: 1 \r:: ;....;r $' ~ ~..~~:.....1.'" t>t....i\...... ~~'" I...; OF f'\..\"" 1"'1111"'" , , , MEMORANDUM OF AGREEMENT This MEMORANDUM OF AGREEMENT by and between the City of Seward, Alaska (hereinafter called "CITY") and the Seward Volunteer Ambulance Corps, Inc. (hereinafter called "CORPS"), is entered into this day of , 1996 for the purpose of providing emergency medical services within the CORP'S response and service areas.. A. The CORPS agrees as follows: 1. The CORPS shall furnish emergency medical services at a minimum level of EMT-1. All emergency medical service requirements of the State of Alaska for EMT-Ilevel of service shall be met by the CORPS. 2. All responders of the CORPS will maintain current CPR status. 3. Each CORPS member, with the exception of those members with "driver only" status, will participate in a minimum requirement of 48 hours of continuing education/inservice training every two (2) years, after the initial 120-hour EMT-I certification, as prescribed by the State of Alaska. 4. The CORPS shall, to the extent practicable, provide all other services recommended as its responsibility as set forth in the State of Alaska written guidelines for Level III communities. 5. The CORPS shall keep, maintain and preserve accurate and complete records which include, but are not necessarily limited to, ambulance run reports which meet minimum State of Alaska data requirements, equipment records, and records of all transactions of a financial nature. The CORPS shall provide the CITY with an annual report of the financial status of the CORPS. At least annually an independent audit shall be made of all accounts of the CORPS. The annual audit shall be made by certified public accountants employed by the CORPS, and shall be completed within one hundred eighty (180) days following the close of the CORP's fiscal year. A copy of the certified audit report shall be provided the CITY when completed. 6. The CORPS shall provide statistical reports to the CITY annually, documenting services provided during the year. Other records and information in the possession of the CORPS shall promptly be made available to the CITY at the request of the CITY except for records of a strictly confidential, medical records nature. The CORPS shall not unreasonably withhold consent to CITY access to records of a confidential nature, with the exception of medical records, if access to such records is required to answer or defend a Cause of Action brought against, or in any way involving, the CITY. 7. The CORPS shall provide standby ambulance service at all fire response incidents, ir requested by the CITY, and shall provide maximum support during all disaster emergencies. All events shall be governed by the CITY Incident Command System. In the event of a state of disaster or state of extreme emergency, the Incident Commander, or his designee, pursuant to the provisions of the Seward City Code and CITY Emergency Preparedness Plan, may waive suspend or modify any provision of this Agreement, exclusive of other governmental committments, until the state of disaster or state of extreme emergency no longer exists. 8. The CORPS shall maintain all equipment in a state of readiness and shall immediately notify the CITY if any equipment is out of service or of any situation that City I Corps Agreement Page two may temporarily, or otherwise, lower the level of service available. The CORPS shall, with the assistance of the CITY, diligently work to promptly correct any reduction in service. 9. The CORPS may provide ground transportation between medical services facilities via ambulance when such service is deemed necessary by the physician in charge. Any service required by the patient that is above and beyond the level of the available crew will necessitate the presence of a registered nurse during transport. 10. a. The CORPS, as consideration for the services to be performed pursuant to this Agreement, shall establish such rates as are reasonable and fair for the service(s) rendered. b. The CORPS shall retain all monies it collects for services. c. The CORPS shall be responsible for all activities and methods employed to collect monies for services and shall not look to the CITY for collection. 11. The CORPS agrees to indemnify, defend, and hold harmless the CITY, its officers, agents, and employees from and against any and all claims, demands, losses, defense costs, or liability of any kind or nature with the CITY, its officers, agents, and employees may sustain, for personal injury or death, or damage to property, as a result of, arising out of, or in any manner connected with the CORP's performance under the terms of this Agreement, excepting only liability arising out of the sole negligence of the CITY, and excepting the express coverages provided the CORPS by the CITY and under the terms of this Agreement. 12. The CORPS shall obtain the prior approval of the CITY of all mutual aid agreements with other agencies, or any other binding agreements which would affect the level of EMS service provided to the CITY. 13. a. The CORPS, at no charge, does hereby lease to the CITY a 1979 Chevrolet Ambulance, Serial No. CC339B163679, and the CITY hereby grants to the CORPS the exclusive use of the vehicle. b. The CORPS, at no charge, does hereby lease to the CITY a 1992 Ford Ambulance, Serial No. 1FDKF38MXNNA94412, and the CITY hereby grants to the CORPS the exclusive use of the vehicle. c. Upon termination of this agreement, terms of leasing of the vehicles described above in Section A, 13, a & b and insurance coverages provided by the CITY will expire. B. The CITY agrees as follows: 1. The CITY shall procure and maintain medical malpractice insurance which names the CORPS as the named insured and the CITY as additional insured. The CITY shall provide the CORPS with certificates or copies of the policy promptly after issuance thereof. The policy shall contain an agreement by the insurer that such policy shall not be cancelled, limited or non-renewed until after thirty (30) days' written notice has been given to the CORPS by the CITY. , , , City / Corps Agreement Page three 2. The CITY shall, to the extent practicable, provide all services recommended in its responsibility as set forth in the State of Alaska written guidelines for Level III communities. 3. The CITY shall provide fuel and maintenance for ambulances described within with agreement for a fee of TWO HUNDRED and NO/100 DOLLARS ($200.00) per month payable by the CORPS to the CITY. The CORPS will adhere to the maintenance schedule provided by the CITY and shall coordinate all maintenance of the ambulances with the City Shop. 4. a. The CITY shall provide auto liability, uninsured motorist, auto medical payments, comprehensive and collision insurance for all ambulances described within this agreement in Section A, 13 a & b and Section B, 5. This coverage is limited to operations of the ambulances. Coverage limits shall be at the sole discretion of the CITY. b. Coverage is not provided to CORPS members while responding to or from ambulance calls in personal vehicles, except as provided by the CITY's Workers' Compensation and Employer's Liability Policy. CORPS members will purchase and maintain auto liability insurance for personal vehicles used in the course of duty in amounts which, at a minimum, meet state requirements. c. The CITY shall provide Workers' Compensation and Employer's Liability Insurance for CORPS members in their capacities as EMS volunteers. d. All insurance policies obtained by the CITY under this Agreement shall be open to inspection by the CORPS, and provide that such policies may not be cancelled without thirty (30) days' prior written notice to the CORPS. 5. The CITY shall provide a 1984 Ford Ambulance, Serial No. 2FDKF37ECD20978, and certain ancillary equipment, to the CORPS for its exclusive use, and the CITY agrees to maintain insurance coverages as listed in Section B, 4a. If this Agreement is terminated, the CORPS shall return to the CITY possession of the ambulance and related equipment purchased with the ambulance in good condition, except for normal wear, on or before the date of intended termination of this Agreement. C. TERM: 1. This Agreement is for a period of one (1) year and shall be renewed automatically for successive one-year periods, unless one of the parties hereto gives notice of interest to terminate not less than sixty (60) days after giving written notice of termination to the other party. 2. In the event of cancellation by any party, the CITY reserves the exclusive right to take any or all steps available to the CITY, at the CITY's full discretion, pursuant to the ordinances of the CITY or laws of the State of Alaska, necessary to preserve the interests of the City of Seward. 3. Prior to annual renewal, the parties may convene to discuss amendments to the Agreement. Either party may seek such a session and shall notify the other party with written notice ninety (90) days prior to the annual renewal' date of the Agreement of such intent. City / Corps Agreement Page four D. APPLICABLE LAW: This Agreement shall be governed by the laws of the State of Alaska. E. ASSIGNMENT: This Agreement may not be assigned without the written permission of the City Council of the City of Seward, Alaska. The Agreement will be binding on all successor or assigns. F. NOTICE: Any notice required to be given by one party to the other under this Agreement shall be deemed given when delivered in writing by one party to the other upon the expiration of three (3) days following the deposit of such written notice in the United States mail, postage prepaid, via certified mail, return receipt requested, to the following parties: CORPS President Seward Volunteer Ambulance Corps P.O. Box 1136 Seward, Alaska 99996 CITY City Manager City of Seward P.O. Box 167 Seward, Alaska 99664 G. ENTIRE AGREEMENT: This document shall contain the entire Agreement. Any revisions, addendums and/or exhibits may be incorporated as part of the Agreement upon mutual accord of the parties as verified by signatures of the appropriate party representatives on the supplemental sections. -ff=N WITNESS WHEREOF, the parties hereto have set their seals this ~day of ,1996. SEWARD VOLUNTEER AMBULANCE CORPS ~~ Michael H. Moore, President STATE OF ALASKA )ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ~ day of , 1996, before me, the undersigned, a Notary Public in and for the State of Alaska, personally ap, MICHAEL H. MOORE, President, Seward Volunteer Ambulance Corps, Inc., known to me and kno to be the individual named in and who executed the foregoing document, and he acknowledged to me that he signed and sealed the same as his free and voluntary act for the uses and purposes therein set forth. ;!;'~~~I'~ I STATE OF ALASKA :J YVETTE G. WELSH 1~1 NOTARY PUBLIC ! ~~':..~~~ WITNESS my hand and notarial seal the day and