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HomeMy Public PortalAboutORD14270 BILL NO. 2007-94 SPONSORED BY COUNCILMAN Brown ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CAPITAL REGION MEDICAL CENTER FOR EMT RELATED 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 an agreement with Capital Region Medical Center for EMT related services. Section 2. The agreement shall be substantially the same in form and content as the 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: 1 �,, ��� Approved: DGY4 /`7�ZDO Presiding Officer Mayor ATTEST: APPROVED AS TO FORM: ity Clerk City Counselor I • I 1 I�Z l0 CITY OF JEFFERSON AGREEMENT FOR EMT SERVICES THIS AGREEMENT is made on October r , 2007, by and between the City of Jefferson, a municipal corporation, hereinafter referred to as"City,"and Capital Region Medical Center, a nonprofit corporation, hereinafter referred to as"Medical Center." WHEREAS,Medical Center and City have a vested interest in the provision of emergency medical services within the Jefferson City area; WHEREAS,Medical Center and City perceive a need to maintain emergency medical services within the community and to maintain initial response through the provision of a first responder service by the City; WHEREAS,Medical Center has participated in establishing that program and providing support for that program; WHEREAS,Medical Center and City wish to ensure the continued success of that program; and WHEREAS, it is in both parties' interest to enter into this Agreement. • THEREFORE,in consideration of the mutual agreements set forth below and other valuable consideration, it is agreed between the parties as follows: 1. City-Provided Services. City agrees during the term of this Agreement to maintain and operate a first responder service,utilizing EMT- certified employees. City agrees to require EMT certification as part of the job description for all line members of the Fire Department. 2. Duration and Termination. This Agreement shall be in effect from November 1, 2007 through October 31, 2008. 3. Contribution. Medical Center agrees to pay to City within thirty(30)days of signing of this Agreement the sume of Twenty- Five Thousand Dollars ($25,000.00)to help offset the cost to the City of the program. 4. Supplies. Medical Center agrees to provide equipped jump bags for all in-service apparatus. Medical Center further agrees to provide consumable supplies. 5. Housing of Ambulances. City agrees to permit Medical Center to station ambulances and City crews at Fire Stations between the hours of 7:00 a.m.and 7:00 p.m.,seven(7)days a week at the discretion and mutual consent of both parties. Medical Center shall provide any furnishing for its employees located at such station and shall house the ambulances in such a way as not to impede or interfere with the operations of the fire stations. 6 Classes and Training. • Medical Center will provide required training for EMT classes and CEU as needed to maintain licensure within the department for individual EMT certifications. U:\Conlrna FilmVcrvicdcapital regionNcapilal region 02\agrocmrnl.2007.wpd v 07. Indemnification. Medical Center agrees to indemnify and hold City,its officers,agents,and employees harmless from and against any and all liabilities, damages, losses, actions, or causes of action, costs, and expenses (including attorney's fees),whether relating to property of City or of any third party,or to personal injury or death,arising out of or in any way contributed to by the acts or failure to act of Medical Center, its agents, employees, officers, or Medical Center-supplied workers. City agrees to indemnify and hold Medical Center,its officers,agents,and employees harmless from and against any and all liabilities, damages, losses, actions, or causes of action, costs, and expenses (including attorney's fees),whether relating to property of Medical Center or of any third party,or to personal injury or death,arising out of or in any way contributed to by the acts or failure to act of City, its agents, employees, officers, or City-supplied workers. I 8. Insurance. Medical Center agrees to obtain and maintain throughout the term of this contract A. Workmen's Compensation Insurance for all of its employees to be engaged in work under this contract. B. Public Liability Insurance in an amount not less than$2,000,000 for all claims arising out of a single occurrence and $300,000 for any one (1) person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo, and Property Damage Insurance in an amount not less than $2,000,000 for all claims arising out of a single accident or occurrence and$300,000 for any one (1)person in a single accident or occurrence. • C. Automobile Liability Insurance in an amount not less than$2,000,000 for all claims arising out f of a single accident or occurrence and$300,000 for any one (1)person in a single accident or f occurrence. D. Subcontracts - In case any or all of this work is sublet, Medical Center shall require the Subcontractor to procure and maintain all insurance required in Subparagraphs(a), (b), and (c)hereof and in like amounts. E. Professional Liability Coverage Insurance to cover all medical services,including paramedics, in an amount not less than $2,000,000 for all claims arising out of a single occurrence and $300,000 for any one (1) person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law,Chapter 287,RSMo. F. The Certificates of Insurance shall be kept in force with notification provided to the City with at least 30 days notice of cancellation. 9. Paramedics. Certain fire personnel are certified as paramedics. Medical Center employs some of these individuals and utilizes their full skills. In the event that a trained paramedic is on duty and responds pursuant to a City call and Medical Center wishes to utilize their full skill as a paramedic,Medical Center must direct and specify that they are to use these full skills. In the event that Medical Center so specifies,they shall be liable for any and all actions related to the use of paramedic skills. 10. Benefits Not Available. Employees of Medical Center shall not be entitled to any of the benefits established for the • employees of City nor be covered by the Workman's Compensation Program of City. U-Xmtraci Fils\ruvicdcMital rcgimNcapital rcgiaa 02\ng=wi 2007.wptl 2 ell. Governing Law. It is agreed that this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Missouri as to both interpretation and performance. 12. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. 13. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement,or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions,but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 14. Notices. All notices required or permitted hereunder and required to be in writing may be given by first class mail addressed to the City of Jefferson,c/o Fire Chief,at 320 East McCarty Street,Jefferson City,Missouri,65101, and Capital Region Medical Center,P.O.Box 1128,Jefferson City,Missouri,65102-1128. The date and delivery of any notice shall be the date falling on the second full day after the day of mailing. IN WITNESS WHEREOF,the parties hereto have set this hands and seals this--L—day of October,2007. CITY OF JEFFERSON, MISSOURI CAPITAL REGIONAL MEDICAL CENTER Ma or Title: T: ATTEST: ity Cler Title:'/�L� C�G J, _ll nG��.�fi /IQ�,C APP AS FORM: V �h� t' (/ City Counselor • U-Xontract Fil&—vicdcapital reginnkapital region Ongreenent 2007.wN - 3 - ( CK-d kZA210 f CITY OF JEFFERSON AGREEMENT FOR EMT SERVICES THIS AGREEMENT is made on October , 2007, by and between the City of Jefferson, a municipal corporation,hereinafter referred to as"City,"and Capital Region Medical Center, a nonprofit corporation, hereinafter referred to as"Medical Center." WHEREAS,Medical Center and City have a vested interest in the provision of emergency medical services within the Jefferson City area; WHEREAS,Medical Center and City perceive a need to maintain emergency medical services within the community and to maintain initial response through the provision of a first responder service by the City; WHEREAS,Medical Center has participated in establishing that program and providing support for that program; WHEREAS,Medical Center and City wish to ensure the continued success of that program; and WHEREAS,it is in both parties' interest to enter into this Agreement. • THEREFORE,in consideration of the mutual agreements set forth below and other valuable consideration, it is agreed between the parties as follows: 1. City-Provided Services. City agrees during the term of this Agreement to maintain and operate a first responder service,utilizing EMT- certified employees. City agrees to require EMT certification as part of the job description for all line members of the Fire Department. 2. Duration and Termination. This Agreement shall be in effect from November 1, 2007 through October 31, 2008. 3. Contribution. Medical Center agrees to pay to City within thirty(30)days of signing of this Agreement the sume of Twenty- Five Thousand Dollars($25,000.00)to help offset the cost to the City of the program. 4. Supplies. Medical Center agrees to provide equipped jump bags for all in-service apparatus. Medical Center further agrees to provide consumable supplies. 5. Housing of Ambulances. City agrees to permit Medical Center to station ambulances and City crews at Fire Stations between the hours of 7:00 a.m.and 7:00 p.m.,seven(7)days a week at the discretion and mutual consent of both parties. Medical Center shall provide any furnishing for its employees located at such station and shall house the ambulances in such a way as not to impede or interfere with the operations of the fire stations. • 6 Classes and Training. Medical Center will provide required training for EMT classes and CEU as needed to maintain licensure within the department for individual'EMT certifications. U:\Cw1rac1 Film\uMcctcopital rcgina4eapital rcgiaa 02tng—mi 2007.wpd 07. Indemnification. Medical Center agrees to indemnify and hold City,its officers,agents,and employees harmless from and against any and all liabilities, damages, losses, actions, or causes of action, costs, and expenses (including attorney's fees),whether relating to property of City or of any third party,or to personal injury or death,arising out of or in any way contributed to-by the acts or failure to act of Medical Center, its agents, employees, officers, or Medical Center-supplied workers. City agrees to indemnify and hold Medical Center,its officers,agents,and employees harmless from and against any and all liabilities, damages, losses, actions, or causes of action, costs, and expenses (including attorney's fees),whether relating to property of Medical Center or of any third party,or to personal injury or death,arising out of or in any way contributed to by the acts or failure to act of City, its agents, employees, officers, or City-supplied workers. 8. Insurance. Medical Center agrees to obtain and maintain throughout the term of this contract A. Workmen's Compensation Insurance for all of its employees to be engaged in work under this contract. B. Public Liability Insurance in an amount not less than$2,000,000 for all claims arising out of a single occurrence and $300,000 for any one (1) person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo, and Property Damage Insurance in an amount not less than $2,000,000 for all claims arising out of a single accident or occurrence and$300,000 for any one (1)person in a single accident or occurrence. i I C. Automobile Liability Insurance in an amount not less than$2,000,000 for all claims arising out of a single accident or occurrence and$300,000 for any one(1)person in a single accident or occurrence. D. Subcontracts - In case any or all of this work is sublet, Medical Center shall require the Subcontractor to procure and maintain all insurance required in Subparagraphs(a), (b), and (c)hereof and in like amounts. E. Professional Liability Coverage Insurance to cover all medical services,including paramedics, in an amount not less than $2,000,000 for all claims arising out of a single occurrence and $300,000 for any one (1) person in a single accident or occurrence, except for those claims governed by the provisions ofthe Missouri Workmen's Compensation Law,Chapter 287,RSMo. F. The Certificates of Insurance shall be kept in force with notification provided to the City with at least 30 days notice of cancellation. 9. Paramedics. Certain fire personnel are certified as paramedics. Medical Center employs some of these individuals and utilizes their full skills. In the event that a trained paramedic is on duty and responds pursuant to a City call and Medical Center wishes to utilize their full skill as a paramedic,Medical Center must direct and specify that they are to use these full skills. In the event that Medical Center so specifies,they shall be liable for any and all actions related to the use of paramedic skills. 10. Benefits Not Available. Employees of Medical Center shall not be entitled to any of the benefits established for the employees of City nor be covered by the Workman's Compensation Program of City. U:%Cwirw F i l c c t t oecMitel rcgiWeViinl rc&n 02\W=ml 2007."d - 2 - • 11. Governing►Law. It is agreed that this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Missouri as to both interpretation and performance. 12. Modification of Aareement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. 13. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement,or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions,but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 14. Notices. All notices required or permitted hereunder and required to be in writing may be given by first class mail addressed to the City of Jefferson,c/o Fire Chief,at 320 East McCarty Street,Jefferson City,Missouri,65101, and Capital Region Medical Center,P.O.Box 1128,Jefferson City,Missouri,65102-1128. The date and delivery of any notice shall be the date falling on the second full day after the day of mailing. IN WITNESS WHEREOF,the parties hereto have set this hands and seals this day of October,2007. CITY JEFFERSON, MISSOURI CAPITAL REGIONAL MEDICAL CENTER • � Q G M or Title: T: I?Z)" e City Cl Title: S�amt APP D AS T ORM: Y UX/(.� r(�lzcx f City Counselor UAC-ty FiWstry"A giml mgi-\.Vital region 02\ag wt 2007.wpd - 3 -