Loading...
15227 1 RESOLUTION NO. 15,227 2 3 A RESOLUTION TO AUTHORIZE A THREE (3)-YEAR EXTENSION OF 4 THE INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE 5 BETWEEN THE CITY OF LITTLE ROCK,ARKANSAS,AND THE CITY OF 6 CABOT,ARKANSAS,WHICH GRANTS THE LITTLE ROCK AMBULANCE 7 AUTHORITY, D/B/A METROPOLITAN EMERGENCY MEDICAL 8 SERVICES ("MEMS") AN EXCLUSIVE FRANCHISE TO PROVIDE 9 AMBULANCE SERVICES TO THE CITY OF CABOT, ARKANSAS; AND 10 FOR OTHER PURPOSES. 11 12 WHEREAS, in 2004, the Little Rock Ambulance Authority, d/b/a Metropolitan Emergency Medical 13 Services ("MEMS") was awarded an exclusive Franchise to provide Ambulance Services to the City of 14 Cabot,Arkansas,for a term of five(5)years; and, 15 WHEREAS,the Cities of Little Rock and Cabot have continuously extended this Interlocal Agreement 16 since it was due to expire in 2009; and, 17 WHEREAS,the Cities of Little Rock and Cabot have agreed to extend this Interlocal Agreement for 18 an additional three(3)years; and, 19 WHEREAS,the term of the current extension agreement is from July 19,2017,to July 18,2020; and, 20 WHEREAS,this Board believes that it is beneficial to continue to have MEMS provide Ambulance 21 Services to the City of Cabot and thereby promote the health and welfare of the citizens of Little Rock and 22 Cabot; and, 23 WHEREAS, this Board believes that it is beneficial to extend this Interlocal Agreement with Cabot 24 for an additional three(3)years; and, 25 WHEREAS, the amendments to the original Interlocal Agreement (Exhibit B) are reflected in the 26 extension to the Interlocal Agreement(Exhibit A). 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 28 NORTH LITTLE ROCK,ARKANSAS: 29 Section 1. The Mayor, the City Clerk, the Executive Director of MEMS, Chair of the Little Rock 30 Ambulance Authority and any other necessary persons,are authorized enter into a three(3)-year extension 31 of the Interlocal Agreement with the City of Cabot, Arkansas, granting MEMS an exclusive Franchise to 32 provide Ambulance Services to the City of Cabot from July 19,2020,to July 18, 2023. 33 Section 2: The amendment to the original Interlocal Agreement is as follows: (Page 1 of 101 1 a)The Cabot Fire Department shall first respond to all Code 1 Calls and to certain Code 2 2 Calls as mutually agreed upon by MEMS and the Cabot Fire Department. 3 Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 4 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or 5 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and 6 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the 7 resolution. 8 Section 4. Repealer. All laws, ordinances, resolutions,or parts of the same,that are inconsistent with 9 the provisions of this resolution, are hereby repealed to the extent of such inconsistency. 10 ADOPTED: May 19,2020 11 ATTE APPROVED: 12 1 13 iirAlk, .I.,•- � 14 .usan 7 ity Clerk Frank Scott,Jr., Mayor 15 APPR0 0 LEGAL FORM: 16 ,A l 17 M ' 4 -- 18 18 Thomas M. Carpenter, City Attorn 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // [Page 2 of 101 1 Exhibit A 2 3 METROPOLITAN EMERGENCY MEDICAL SERVICES EXTENSION OF 4 INTERLOCAL AGREEMENT BETWEEN THE CITIES OF LITTLE ROCK AND 5 CABOT. 6 7 This Agreement is made and entered into as of the day of 2020, by and between 8 the cities of Little Rock,Arkansas("Little Rock"),and Cabot,Arkansas("Cabot"),cities of the First-Class. 9 WITNESSETH: 10 WHEREAS, Little Rock and Cabot entered into an Interlocal Agreement on or about June 20, 2005, 11 for the purposes of enabling the Little Rock Ambulance Authority,d/b/a Metropolitan Emergency Medical 12 Services,to provide Emergency and Non-Emergency Ambulance Service to Cabot;and, 13 WHEREAS,the aforesaid Interlocal Agreement was extended in three (3)-year intervals on or about 14 the following dates: January 2,2008;July 18,2011;July 25,2014; and July 19, 2017;and, 15 WHEREAS, the existing three (3)-year extension of the Interlocal Agreement between the two (2) 16 cities for all Ambulance Services expires on or about July 18, 2020; and, 17 WHEREAS,the governing bodies of Little Rock and Cabot have agreed to a three(3)-year extension 18 of the agreement from July 19, 2020,to July 18,2023; and, 19 NOW, THEREFORE, in consideration of the mutual covenants and agreements of Little Rock and 20 Cabot and on the terms and conditions set out herein, it is agreed as follows: 21 1. TERM. The term of this Agreement shall extend from July 19,2020,for a period of three(3) 22 years,through July 19,2023,subject to the continuing right of Little Rock and Cabot to modify,renew 23 or extend the term by mutual agreement. Either party may terminate the agreement by giving ninety 24 (90)days written notice. 25 2. EXCLUSIVE FRANCHISE. The City of Cabot has authorized by resolution a three(3)-year 26 extension of MEMS' exclusive Franchise to provide all Ambulance Service to the citizens of Cabot. 27 3. ORIGINAL INTERLOCAL AGREEMENT ADOPTED AND INCORPORATED BY 28 REFERENCE TO GOVERN THE EXTENSION. 29 The original Interlocal Agreement,dated July 18,2005,is adopted and incorporated by reference herein 30 as Exhibit A, sets forth the additional terms governing this agreement with the following modification. 31 The original Interlocal Agreement read as follows: 32 8. FIRST RESPONDER PROGRAM. The Cabot Fire Department will first respond to 33 all Code 1 and Code 2 Emergencies. Should MEMS become aware of an emergency [Page 3 of 10] 1 situation that did not come through Cabot 911 Communications System,MEMS will advise 2 Cabot 911 Communications. 3 The amended provision shall read: 4 8. FIRST RESPONDER PROGRAM.The Cabot Fire Department will first respond to 5 all Code 1 Calls and to certain Code 2 Calls as mutually agreed upon by MEMS and the 6 Cabot Fire Department. Should MEMS become aware of an emergency situation that did 7 not come through Cabot 911 Communications System, MEMS will advise Cabot 911 8 Communications. 9 Executed this day of , 2020. 10 11 ATTEST: CITY OF LITTLE ROCK,ARKANSAS 12 13 By: 14 Susan Langley,City Clerk Frank Scott,Jr.,Mayor 15 16 ATTEST: CITY OF CABOT,ARKANSAS 17 18 Bv: 19 Tammy Yocom, City Clerk Ken Kincade, Mayor 20 21 This Agreement acknowledged this day of 2020. 22 23 LITTLE ROCK AMBULANCE AUTHORITY 24 25 Bv: 26 Jennifer Pierce, Chair 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // 36 // [Page 4 of 101 Exhibit B 2 DOG# rP15114509343 3 4 METROPOLITAN EMERGENCY MEDICAL SERVICES AGREEMENT 5 6 THIS AGREEMENT is made by and between the CITY. OF L'frrIfillt ED ARKANSAS("Little Rock")and the CITY OF CABOT,ARKANSAS("Cabot"),cities 7 of the first class. .1UL 18 20115 8 WHEREAS,in 1984:Little Rock established the Little Rock Ambulan �kL1E DAN�EI.S GRFIA{YOF STATE 9 Authority(the"Authority")pursuant to Little Rock City Ordinances NosE.W14,511 and 10 14,574,and granted the Authority an exclusive franchise to establish and op ate au 11 emergency life support ambulance system within the City of Little Rock;and P car, 12 WHEREAS,the Authority has established the Metropolitan ErnergendiiiiledFc1 Services System("MEMS")to provide emergency and non emergency ambul; h ro ""ra 13 service to the City of Little Rock;and .-127 0 ``*� 14 -cam �1 y WHEREAS,Cabot has determined that it wishes to make available tciie 15w resideuts of Cabot on a long term basis the benefits and privileges provided the `Q 16 residents of Little Rock by MEMS;and 17 WHEREAS,Little Rock has agreed that it is in the best interests of Little Rock 18 and the Authority to contract with Cabot to extend the operation of MEMS under an exclusive franchise arrangement to the residents of Cabot and 19 WHEREAS,Little Rock and Cabot are each authorized pursuant to Ark. Code 20 Ann. §25-20-102 et.seq, to enter into Interlocal Cooperation Agreements;and 21 WHEREAS,the Board of Directors of Little Rock and the City Council of Cabot 22 by ordinance or resolution have authorized the mayors of Little Rock and Cabot to enter 23 into this Agreement. 24 NOW,THEREFORE, in consideration of the mutual covenants and agreements of Little Rock and Cabot and on the terms and conditions set out herein,it is agreed as 25 follows; 26 1. TER'i. The term of this Agreement shall extend from the date 27 signed by the parties,for a period of three(3)years,subject to the continuing right of 28 Little Rock and Cabot to modify,renew or extend the term by mutual agreement. At the 29 end of the three(3)year period,if the interlocal agreement has not been formally 30 extended by the respective governing bodies,the interlocal agreement shall extend on a 31 [Page 5 of 101 1 2 month-to-month basis until an appropriate agreement is executed or another provider is 3 selected,whichever occurs first. Either party may terminate this agreement by giving ninety (90)days written notice to the other. The Authority shall have no right of 4 assignment of the franchise upon termination. 5 2. JOINT COMMISSION BOARD. The Mayor of Cabot shall appoint 6 one (1)person as a representative of the City of Cabot to serve with members from Little 7 Rock,North Little Rock,Pulaski County, Maurnelle,Lonoke, Sheridan, Grant County on 8 the existing Joint Emergency Medicals Services Commission,(the "JEMSC). 9 3. POWERS OF THE COMMISSION. The Commissionshall he 10 authorized to oversee the operations of MEMS to ensure that, service is provided to 11 Cabot in accordance with the terms of.this Agreement, and Little Rock City Ordinance 12 Nos. 14, 511; 14,574; 17,255; and amendments thereto,and Cabot City Code Ordinance 13 No. 26 of 2005, and amendments thereto. The Authority shall have the authority to 14 execute such contracts and agreements as are necessary to implement the terms of this 15 Agreement. Neither the Commission nor the Authority is authorized to commit or expend funds of Little Rock or Cabot without first obtaining the approval of the 16 respective City Board of Directors or City Council. The Commission, which is 17 composed of members from all jurisdictions in.MEMS franchise area, shall coordinate 18 operations with MEMS' entire franchise are but shall have no fiscal authority or 19 responsibility. 20 4, EXCLUSIVE FRANCHISE. Cabot shall grant by ordinance to the 21 Authority an exclusive franchise to provide all emergency and non-emergency ambulance 22 service to the citizens of Cabot within the city limits of Cabot, as now existing or as 23 modified during the term of this Agreement. The guidelines and requirements for such 24 ambulance service to be provided by the Autbority to Cabot shall be the same as outlined 25 in Little Rock City Ordinance Nos. 14,511; 1.4,574; and 17,255; and Cabot City 26 Ordinance No. 26 of 2005, and such further amendments or changes to those Ordinances 27 and Codes as may be made by Little Rock and Cabot during the term of this Agreement, 28 subject only to the restrictions as provided in this Agreement. Cabot agrees to permit LRAA counsel to defend a breach of its franchise when notified to franchise violations by 29 the LRAA or the City of Little Rock,or both. Notice shall be sent to: 30 31 [Page 6 of 101 1 2 Kenneth R Williams 3 Cabot City Attorney City of Cabot 4 P.O. Box 1113 Cabot AR 72023 5 6 5. NONDISCRIMINATION. Little Rock agrees that so long as Cabot is in 7 compliance with the provisions of this Agreement,Little Rock shall not make changes to 8 Little Rock City Ordinances No. 14,511; 14,574; and 17,255; or other changes with 9 regard to the operations of the Authority,which would cause the benefits and privileges 10 provided by MEMS to the citizens of Cabot to be less than the benefits and privileges provided by MEMS to the citizens of Little Rock. 11 6. PURPOSE. The purpose of this Agreement is to provide for the citizens 12 of Cabot a licensed paramedic ambulance service system that can provide each 13 ambulance patient in the City of Cabot with the best possible chance of survival without 14 disability or preventable complication. 15 7. OPERATIONS IN_CABOT. The Authority shall provide service 16 to the citizens of Cabot as outlined in Little Rock City Ordinance Nos. 14,5111; 14,574; 17 and 17,255; as amended and Cabot City Ordinance No. 26 of 2005, as amended except as 18 subsequently provided: 19 (a) From the effective date of this Agreement the Authority shall provide an eight 20 minute(8:59)response time to at least ninety percent(90%)of all Code 1. —life threatening emergencies and a twelve minute(12:59)response time to at least ninety 21 percent(90%)of.all Code 2—non-life threatening emergencies. The Code level shall be 22 determined by MEMS Dispatch based upon standard protocols. The Authority shall 23 submit to Cabot monthly response time reports to reflect that it is in compliance with this 24 requirement. 25 (b) The Authority and Cabot shall cooperate to provide sufficient personnel, 26 equipment and resource management expertise to meet these response time standards and 27 to determine the appropriate stationing of such personnel and equipment ix) the city limits 28 of Cabot. Cabot 911 dispatch shall route ambulance requests to MEMS via a one-button 29 transfer. 30 31 1Page 7 of 101 1 2 (c) All other provisions of Little Rock,Ark. Rev. Code. 14,511 and 17,255, as may 3 be amended, concerning standards of production and performance shall be implemented 4 by the Authority in Cabot. 5 8. FIRST RESPONDER PROGRAM. The Cabot Fire Department 6 will first respond to all Code 1 and Code 2 emergencies. Should MEMS become aware 7 of an emergency situation that did not come through Cabot 911 communications system, 8 MEMS will advise Cabot 911 Communications, 9 9. MEDICAL CONTROL. Cabot agrees that the Arkansas Emergency Physicians Foundation("AEPF"), a private,non-profit corporation which provides 10 medical control for the Authority,will continue to provide medical control for operations 11 of the Authority within the city limits of Cabot. The AEPF has extended its membership 12 to include(two) (2) physicians from Cabot and Cabot shall continue to provide such 13 support to AEPF as is necessary to enable AEPF to perform its duties under this 14 Agreement. 15 10. RATES. The Authority shall charge for its services within the city 16 limits of Cabot the same rates as are charged for comparable services within the city 17 limits of Little Rock, to include subsequent rate changes. Current rates for services shall 18 be as follows until modified by the Authority: 19 20 Paramedic Base Rate $455,00 21 Plus cost of supplies used, if any. 22 Non-Emergency Transport Rate $ 375.00 23 Plus cost of supplies used,if any 24 Mileage Charge $ 8.50 per mile 25 Response without treatment or transport $ S0.00 uninsured $ 70.00 with insurance 26 Membership Annual Rate $ 60.00 with supplemental insurance 27 28 11. SUBSCRIPTION MEMBERSHIPS. The Authority shall make 29 available to all of the citizens of Cabot its MEMS Alert subscription membership on the 30 same terms and conditions as are made available to the residents of Little Rock. 31 Specifically, the Authority, with the approval of Little Rock,will institute during the (Page 8 of 101 1 2 upcoming MEMS Alert enrollment period a system of annual membership and such 3 annual membership shall be made available to the citizens of both Little Rock and Cabot. 4 Membership fees for the MEMS Alert programs as set forth below for the membership 5 periods indicated with all fees subject to change in following years: 6 Individual $ 50.00 7 Family $ 60.00 8 9 12. LIMITED RIGHT TO PURCHASE EQUIPMENT. In the event 10 that Little Rock or Cabot elects not to renew this Agreement at the end of the initial term, 11 or any subsequent renewal term thereafter, Little Rock and the Authority hereby grant to 12 Cabot a right of first refusal to purchase the ambulance and onboard equipment stationed 13 within the city limits of Cabot for cash equal to the highest amount offered for such 14 equipment by an unrelated third party purchaser. Little Rock and the Authority reserve 15 the right to retain such equipment and not offer it for sale. 16 13. SEVERABILITY. The provisions of this Agreement are declared to be 17 severable. If any provision hereof shall be held to be invalid or to be inapplicable to any 18 person or circumstance, such holding shall not affect the validity or applicability of the 19 remainder hereof. 14. APPROVALS. This Agreement shall not be effective until such 20 time as it has received all approvals as required by Ark. Code Ann. § 25-20-105. 21 15. OVERSIGHT AND REPORTING. MEMS will provide to the 22 cities of Little Rock and Cabot an annual report in March or April of each year. Such 23 report will contain data on compliance time and runs mode, as well as a balance sheet 24 showing MEMS financial information. MEMS will, at the request of the cities, appear 25 before the respective governing bodies to discuss the reports and answer questions, 26 .,{� 27 r�'' EXECUTED this Y" day of I 2005. 28 29 30 31 (Page 9 of 101 1 2 CITY OF LITTLE ROCK,ARKANSAS 3 4 By: •• 1,41rt� ' 5 ATTEST: ,.� . •. „• or 6 fa.:. _ 0~ 7 Ci Cler :; .� CIT •F CABOT,A AS \ • 9 1enwna By: Mayor 10 ATTEST: 11 /• 12 City Clerk 13 This Agreement is acknowledged the Z day of , 2005. 14 15 16 Chai'1!