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M ® ®
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NO. 9,760
A RESOLUTION AUTHORIZING THE
EXECUTION OF AN INTERLOCAL AGREMEENT qq y
BETWEEN THE CITY OF LITTLE ROCK, `_7 1
ARKANSAS, AND THE CITY OF NORTH
LITTLE ROCK, ARKANSAS, TO ALLOW
METROPOLITAN EMERGENCY MEDICAL
SERVICES (NMEM x) TO PROVIDE
EMERGENCY MEDICAL SERVICES TO THE
CITY OF NORTH LITTLE ROCK, ARKANSAS;
AND FOR OTHER PURPOSES.
WHEREAS, the Cities of of North Little Rock and Little Rock
have previously executed, beginning September 15, 1986, by their
Mayors, an Interlocal Agreement allowing Metropolitan Emergency
Medical Services ( "MEMS ") to provide emergency medical services
within the City of North Little Rock; and
WHEREAS, MEMS was awarded the North Little Rock emergency
services franchise for five years, after a competitive bidding
process; and
WHEREAS, MEMS has represented to this Board that it has the
capability and resources to continue to provide such service
without increasing expenses or rates for Little Rock citizens;
and
WHEREAS, the Board believes that it is beneficial to the
citizens of the City of Little Rock to continue to allow MEMS to
provide emergency services to other areas and thereby expand its
source of revenues to stand on its own financially, without
subsidy from the City of Little Rock.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. In order for MEMS to continue the delivery of
emergency medical services pursuant to an exclusive franchise in
the City of North Little Rock, Arkansas, the Board hereby
authorizes the execution of an Interlocal Agreement with the
City of North Little Rock, Arkansas, for five years, beginning
on the date the Interlocal Agreement is signed. Upon the
expiration of the five year term, the Board authorizes a
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month -to -month extension until a formal extension is approved by
both cities.
ADOPTED: August 6, 1996 472
APPROVED AS TO FORM:
THOMAS M. CARPENTER
CITY ATTORNEY
1w=
NOVA DID
ft�
METROPOLITAN EMERGENCY MEDICAL SERVICES
INTERLOCAL AGREEMENT 473
This Agreement is made and entered into as of the
day of 1 1996, by and between the City of
Little Rock, Arkansas ( "Little Rock "), a city of the first
class, and the City of North Little Rock, Arkansas ( "North
Little Rock ") a city of the first class.
WHEREAS, in 1984 Little Rock established the Little Rock
Ambulance Authority (the "Authority ") pursuant to Little Rock
City Ordinances Nos. 14,511 and 14,574, and granted the
Authority an exclusive franchise to establish and operate an
emergency life support ambulance system within the City of
Little Rock; and
WHEREAS, the Authority has established the Metropolitan
Emergency Medical Services System ( "MEMS ") to provide
ambulance service to the City of Little Rock; and
WHEREAS, the Cities of Little Rock and North Little Rock
entered into their first interlocal agreement for ambulance
service on September 15, 1986; and
WHEREAS, North Little Rock has determined that it wishes
to continue to make available to the residents of North
Little Rock on a long term basis the benefits and privileges
provided to the residents of Little Rock by the Metropolitan
Emergency Medical Service System; and
WHEREAS, Little Rock has agreed that it is in the best
interests of Little Rock and the Authority to contract with
North Little Rock to continue to extend the operation of the
Metropolitan Emergency Medical Services System under an
exclusive franchise arrangement to the residents of North
Little Rock; and
WHEREAS, Little Rock and North Little Rock are each
authorized pursuant to Ark. Stat. Ann § 25 -20 -102 et. seq. to
enter into Interlocal Cooperation Agreements; and
WHEREAS, the Board of Directors of Little Rock and the
City Council of North Little Rock by ordinance or resolution
have authorized the Mayors of Little Rock and North Little
Rock to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants
and agreements of North Little Rock and Little Rock and on
the terms and conditions set out herein, it is agreed as
follows:
1. TERM. The term of this Agreement shall extend from
1996, for a period of five years, subject to the
continuing right of Little Rock and North Little Rock to
modify, renew or extend the term by mutual agreement. At the
end of the five year period, if the interlocal agreement has
not been formally extended by the respective governing
bodies, the interlocal agreement shall extend on a
month -to -month basis until an appropriate agreement is
executed or another provider is selected, whichever occurs
first.
2. GOVERNING BOARD APPOINTMENTS. North Little Rock shall
appoint two (2) members to serve joint appointments on the
Little Rock Ambulance Authority ( "LRAA ") and the Joint
Emergency Medical Services Board ( "JEMS "). Little Rock and
North Little Rock shall provide public official's liability
insurance coverage for the respective members of the
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474
governing boards which each appoints.
3. POWERS OF THE GOVERNING BOARDS. The LRAA shall be
authorized to oversee the operations of the Metropolitan 4 75
Emergency Medical Services System to insure that service is
provided to North Little Rock in accordance with the terms of
this Agreement and Little Rock City Ordinances Nos. 14,511,
14,574, and amendments thereto, and North Little Rock
Ordinance No. . The LRAA shall have the authority
to execute such other contracts and agreements as are
necessary to implement the terms of this Agreement; provided
however, the LRAA is not authorized to commit or expend funds
of Little Rock or North Little Rock without first obtaining
the approval of the respective City Board of Directors or
City Council. The JEMS, which is composed of members from all
jurisdictions in MEMS' franchise area, shall coordinate
operations within MEMS, entire franchise area but shall have
no fiscal authority or responsibility.
4. EXCLUSIVE FRANCHISE. North Little Rock shall grant by
ordinance to the Authority an exclusive franchise to provide
all ambulance service to the citizens of North Little Rock
within the city limits of North Little Rock, as now existing
or as modified during the term of this Agreement. The
guidelines and requirements for such ambulance service to be
provided by the Authority to North Little Rock shall be the
same as outlined in Little Rock City Ordinances Nos. 14,511
and 14,574, and North Little Rock ordinance No. ,
and such further amendments or changes to those Ordinances as
may be made by Little Rock and North Little Rock during the
term of this Agreement, subject only to the restrictions as
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provided in this Agreement. North Little Rock agrees to
permit LRAA counsel to defend a breach of its franchise when
notified of franchise violations by the LRAA or the City of
Little Rock, or both. Notice shall be sent to:
5. NONDISCRIMINATION. Little Rock agrees that so long as
North Little Rock is in compliance with the provision of this
Agreement, Little Rock shall not make changes to Little Rock
City Ordinances Nos. 14,511 and 14,574, or other changes with
regard to the operations of the Authority, which would cause
the benefits and privileges provided by the Metropolitan
Emergency Medical Services System to the citizens of North
Little Rock to be less than the benefits and privileges
provided by the Metropolitan Emergency Medical Services
System to the citizens of Little Rock.
6. PURPOSE. The purpose of this Agreement is to continue
to provide the citizens of North Little Rock a licensed
paramedic ambulance service system that can provide each
ambulance patient in the City of North Little Rock with the
best possible chance of survival without disability or
preventable complication.
7. OPERATIONS IN NORTH LITTLE ROCK. The Authority shall
provide service to the citizens of North Little Rock as
outlined in Little Rock City Ordinances Nos. 14,511 and
14,574, and North Little Rock Ordinance No.
except as subsequently provided:
(a) From the effective date of this Agreement , the
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476
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Authority shall provide eight minute (8:59) response time to
at least 90% of all Code I - life threatening emergencies." 477
The Authority shall submit to North Little Rock monthly
response time reports to reflect that it is in compliance
with this requirement.
(b) The Authority and North Little Rock shall
cooperate to provide sufficient personnel, equipment and
resource management expertise to meet these response time
standards and to determine the appropriate stationing of such
personnel and equipment in the city limits of North Little
Rock. In the event all of the following conditions are met
(i) Little Rock or the Authority purchases ambulances
and on -board equipment which is in addition to the
equipment now on hand or contemplated under the
Equipment Lease Agreement dated as of June 1, 1985
between Little Rock and the Authority;
(ii) Such purchase occurs during the term of this
Agreement and is for the express purpose of
providing service to North Little Rock under the
terms of this Agreement; and
(iii) North Little Rock terminates this Agreement or
revokes the exclusive franchise of the Authority
described in paragraph 4 hereof prior to five years
from the date hereof;
then North Little Rock will pay to the Authority an amount
equal to the unamortized portion of the costs for any
equipment purchases described in subparagraph (i) and (ii)
above.
(c) All other provisions of Section 7 of Little Rock,
Ark. Ord. No. 14,511, as may be amended, concerning standards
of production and performance" shall be implemented by the
Authority in North Little Rock pursuant an appropriate North
Little Rock ordinance.
8. FIRST RESPONDER PROGRAM. The Authority shall notify
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North Little Rock city communications of all code 1 - life
threatening emergencies and North Little Rock agrees that
North Little Rock Fire Department personnel shall provide a
four minute response time to such Code 1 - life threatening
emergencies under the terms and with the exceptions for Fire
Department Response outlined in Section 10B of Ordinance
14,511.
9. MEDICAL CONTROL. North Little Rock agrees that the
Arkansas Emergency Physicians Foundation (AEPF), a private
non - profit corporation which provides medical control for the
Authority, will continue to provide medical control for
operations of the Authority within the city limits of North
Little Rock. The AEPF has extended its membership to include
two physicians from North Little Rock and North Little Rock
shall continue to provide such support to AEPF as is
necessary to enable AEPF to perform its duties under this
Agreement. North Little Rock may contract with AEPF to
provide the terms, conditions, and duties of AEPF with regard
to operations in North Little Rock, provided such agreement
is not inconsistent with the terms of the Agreement between
Little Rock and AEPF. AEPF Medical Control of North Little
Rock First Responders is not included in this Agreement.
10. RATES. The Authority shall charge for its services
within the city limits of North Little Rock the same rates as
are charged for comparable services within the city limits of
Little Rock, to include any subsequent rate changes. Current
rates for services shall be shown on the attached schedule
until modified by Little Rock.
11. SUBSCRIPTION MEMBERSHIPS. The Authority shall make
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available to all of the citizens of North Little Rock its
MEMS* Alert subscription membership on the same terms and
conditions as are made available to the residents of Little
Rock. Specifically, the Authority, with the approval of
Little Rock, will institute during the upcoming MEMS* Alert
enrollment period a system of quarterly membership and such
quarterly membership shall be made available to the citizens
of both Little Rock and North Little Rock. Membership fees
for the MEMS* Alert program are as set forth below for the
membership periods indicated with all fees subject to change
in following years:
Individual $39.00
Family $49.00
Quarterly $15.00
The enrollment period for each quarterly membership period
shall be the fifteen days prior to the beginning of the
quarterly membership period.
12. LIMITED RIGHT TO PURCHASE EQUIPMENT. In the event
that Little Rock or North Little Rock elects not to renew
this Agreement at the end of the initial term, or any
subsequent renewal term thereafter, Little Rock and the
Authority hereby grant to North Little Rock a right of first
refusal to purchase the ambulances and onboard equipment
stationed within the city limits of North Little Rock for
cash equal to the highest amount offered for such equipment
by an unrelated third party purchaser. Little Rock and the
Authority reserve the right to retain such equipment and not
offer it for sale.
13. SEVERABILITY. The provisions of this Agreement are
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declared to be severable. If any provision hereof shall be
held to be invalid or to be inapplicable to any person or
circumstance, such holding shall not affect the validity or
applicability of the remainder hereof.
14. APPROVALS. This Agreement shall not be effective
until such time as it has received all approvals as required
by Ark. Stat. Ann. § 25 -20 -105.
15. OVERSIGHT AND REPORTING. MEMS will provide to the
Cities of Little Rock and North Little Rock a written annual
report in March or April of each year. Such report will
contain data on compliance time and runs made, as well as a
balance sheet showing MEMS financial information. MEMS will,
at the request of the Cities, appear before the respective
governing bodies to discuss the reports and answer questions.
EXECUTED this day of , 1996.
ATTEST:
City Clerk
ATTEST:
City Clerk
CITY OF LITTLE ROCK, ARKANSAS
By:
1m Dailey, Mayor
CITY OF NORTH LITTLE ROCK,
ARKANSAS
By:
P7a-t Hays, Mayor
This agreement is acknowledged
the day of ,
1996.
LITTLE ROCK AMBULANCE AUTHORITY
By:
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