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Home My Public Portal AboutORD16007BILL NO. 2019-101 SPONSORED BY Councilman Graham ORDINANCE NO. (p CO AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE COUNTY OF COLE, MISSOURI FOR EMERGENCY MEDICAL SERVICES. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute a memorandum of understanding with the County of Cole, Missouri for Emergency Medical Services. Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: j://tr1/49-11, a,D,D (24.a. Pres ng Officer ATTEST: Approved: Mayor Carrie Tergin APPROVED AS TO FORM: City(CouSelor EXHIBIT A COLE COUNTY AND CITY OF JEFFERSON EMERGENCY MEDICAL SERVICES MEMORANDUM OF UNDERSTANDING �� "4�� ` This Agreement is entered into this, J day of Ar -A-V--' 2020, by and between the County of Cole, (hereinafter "County") an s the City of Jefferson City, (hereinafter "City"). WITNESSETH: WHEREAS, the City has and continues to provide emergency medical response to citizens of Cole County. WHEREAS, the County operates Cole County Emergency Medical Services (hereinafter "CCEMS") and desires the assistance of the City to aid CCEMS in responding to medical emergencies in Cole County. NOW, THEREFORE, the Parties in consideration of the foregoing recitals and the mutual covenants and promises contained herein, hereby agree as follows: 1. TERM OF AGREEMENT: The term of this agreement shall be from January 1, 2020 through December 31, 2020. 2. OBLIGATION OF COUNTY: The County will provide to the City an amount consisting of one-half of the County Commission's annual appropriation for First Responders from the County EMS Sales Tax. This amount for the current fiscal year is $25,000. 3. OBLIGATION OF CITY: The City will provide first responder medical response to the public inside the City limits. In addition, $1,000.00 of this payment shall be used for the City's retention of Dr. Charles Ludy as medical director for the City. 4. INSURANCE: The City shall maintain adequate liability, workers compensation, and accident and health insurance. 5. INDEMNIFICATION: Each party (the "Indemnifying Party") shall defend, indemnify and hold the other party and its trustees, directors, officers, employees, agents, and representatives (the "Indemnified Party") harmless from and against, any and all losses, costs, claims, demands, liabilities, damages, fines and penalties, including but not limited to those relating to inyestigations, actions, suits, proceedings and hearings and reasonable attorneys' fees and costs (collectively, "Damages") arising out of, related to, or caused by (i) any act of gross negligence or willful misconduct committed by officers, directors, agents, representatives or employees of the Indemnifying Party during the term of this Agreement, or (ii) any breach of, or failure of 1 performance under, this Agreement; provided, however, that Damages shall not include any amount resulting from the Indemnified Party's (A) act of gross negligence or willful misconduct, or (B) breach of, or failure of performance under, this Agreement. Nothing herein shall be deemed a waiver of either party's sovereign immunity. 6. EMERGENCY DRIVING PROVISION: Upon request from a CCEMS Paramedic, Jefferson City Fire Department (hereinafter "JCFD") personnel may, when practical, provide a vehicle operator and/or an additional patient attendant to assist in the delivery of pre -hospital patient care. This procedure will only be utilized in situations where patient care would substantially benefit from supplemental personnel providing medical assistance in the back of the ambulance, by either another CCEMS or JCFD employee. Any vehicle operator provided by JCFD shall possess the appropriate driver's license to operate the ambulance; and any additional patient attendant provided by JCFD shall have the appropriate certification(s) or license(s) to provide the patient care extended by the JCFD supplemental personnel. To ensure JCFD personnel are properly trained, proficient and sufficiently capable, all uniformed JCFD personnel will participate in annual ambulance driving training and skills evaluation, provided by CCEMS. Additionally, JCFD will receive additional familiarization with supporting CCEMS patient care operations while transporting patients to definitive care. When JCFD personnel are acting as a vehicle operator or an additional patient care attendant at the request of a CCEMS Paramedic, JCFD personnel shall be covered by liability and automobile liability insurance policies provided by CCEMS as if such JCFD personnel were personnel of CCEMS, provided JCFD and CCEMS shall cover claims under workers compensation law, applicable time and wage laws, and other applicable employment law which may be made by their respective employees. If any City or County employee tests positive for a controlled substance and/or alcohol, fails to operate with due regard and/or in a reckless manner, as determined by the Missouri State Highway Patrol (MSHP) or other investigative agency, or a court of law, his/her agency would be fully liable. The MSHP will be requested to conduct all accident investigations involving any accident that results in injury to any person or any accident with significant damages to property other than CCEMS or JCFD. 7. MEDICAL SUPPLY REPLENISHMENT: CCEMS agrees to provide JCFD replacement of any basic life support single patient disposable medical supply utilized during the treatment of a patient in which CCEMS is the primary treating agency. The JCFD agrees to develop and publish an internal Medical Resupply Policy & Procedure to assist in the prevention of disposable medical 2 supplies being procured from CCEMS for any other purpose other than for the purposes outlined above. 8. PERSONAL PROTECTIVE EQUIPMENT: The City shall defend, indemnify and hold the County, and its trustees, directors, officers, employees, agents, and representatives (the "Indemnified Party") harmless from and against, any and all losses, costs, claims, demands, liabilities, damages, fines and penalties, including but not limited to those relating to investigations, actions, suits, proceedings and hearings and reasonable attorneys' fees and costs (collectively, "Damages") arising out of or related to any personal protective equipment provided by the County to any employees, agents, or representatives of the City. Nothing herein shall be deemed a waiver of either party's sovereign immunity. 9. AUTHORIZATION TO ASSIST WITH ADVANCED LIFE SUPPORT CARE: CCEMS agrees to extend the rights and privileges to JCFD to assist in providing advanced life support care to patients once CCEMS arrives on scene and is located in such a position as to provide appropriate medical oversight of the care being assisted by JCFD personnel. Prior to CCEMS arrival, JCFD may provide basic life support care. All care provided and/or assisted with shall be in accordance with the level of state licensure the individual holds, and the Medical Director approved treatment protocols of CCEMS. CCEMS shall be the agency having treatment/transport jurisdiction for EMS related calls, and this does not preclude JCFD from responding to any emergency call they deem necessary within the City of Jefferson. 10. STATUS AS INDEPENDENT CONTRACTOR: It is expressly acknowledged the parties hereto are independent contractors, and no partnership, joint venture, agency, or any other arrangement is established. 11. TERMINATION AND SUSPENSION: In the event the City and County shall mutually agree in writing, this Agreement may be terminated on the terms and dates stipulated therein. 12. ASSIGNMENT: No assignment of this Agreement or the rights and obligations hereunder shall be valid without the specific written consent of both parties hereto. 13. WAIVER OF BREACH: The waiver by either party of a breach or a violation of any provision of this Agreement shall not operate as, or be construed to be a waiver of any subsequent breach of the same or other provisions hereof. 14. ENTIRE AGREEMENT: This Agreement supersedes all previous contracts and agreements and constitutes the entire agreement between the parties. No oral statements or prior written material not specifically incorporated herein shall be recognized unless incorporated herein by amendment, such amendment(s) to become effective on the date stipulated herein. 3 This Agreement shall be binding upon the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement in multiple originals as of the date above first written. COUNTY OF COLE CITY OF JEFFERSON CITY �J I fir''., Sam Bushman Presiding Commissioner Attest: By: Carrie Tergin Title: Mayor By: City ' o or CERTIFICATION OF AUDITOR I do hereby certify that there is a balance otherwise unencumbered to the credit of the appropriation to which it is to be charged and a cash balance otherwise unencumbered in the treasury to the credit of the fund from which payment is to be made, each sufficient to meet the obligation incurred to the City of Jefferson City. at it MO,ounty ditor Z0-ODOR'1s 4 Date: Z/2517A1i0