HomeMy WebLinkAboutResolutions - 2008.03.20 - 9635Medical Transport
Emergency Medical
and is in need
Pontiac now
pay for these
March 6, 2008
MISCELLANEOUS RESOLUTION #08042
BY: Public Services Committee, .Teff POtter, Chairperson
IN RE: Sheriff's Office - Contract for Emergency
Services in the City of Pontiac 2008 -2009
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the City of Pontiac started providino
Transport in March of 2007; and
WHEREAS when the Co-.,Inty calls 91 from the complex
of an emergency medical transport, the City of
responds; and
WHEREAS the City of Pontiac has requestd that we
services; and
WHEREAS the City of Pontiac has requested that
Emergency Medical Transports be provided; and
WHEREAS the Sheriff has agreed to contract for this service with
the City of Pontiac; and
WHEREAS this contract has been through the county Executive
review process.
NOW THEREFORE BE 7T RESOLVED that the Oakland County Board of
Commissioners approves the attached contract with the City of Pontiac
for Emergency Medical Transports between the City and Oakland County.
BE TT FURTHER RESC.IVEB that the Oaand County Board of
Commissioners autho-",..-= the Chairperson of the Board to sign the
agreement.
Chairperson, on behalf of the Public Servios Committee, I move
the adoption of the forecoing resolution.
E7,RV-7,7ES COMMITTEE
a contract for
Public Services Committee Vote:
Motion carried unanimously on a roll call vote
March 6, 2008
The Chairperson referred the resolution TO the Finance Committee. There were no objections.
Resolution #08042
EMERGENCY MEDICAL TRANSPORT AGREEMENT
BETWEEN
OAKLAND COUNTY
AND
CITY OF PONTIAC
This Agreement ("the Agreement") is made between Oakland County, a Constitutional
and Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County"),
and the City of Pontiac, a Municipal Corporation, 47450 Woodward Avenue, Pontiac,
Michigan 48342 ("City"). In this Agreement the County and the City may also be
referred to individually as "Party" or jointly as "Parties."
PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967
PA7, MCL 124.501, et seq., the County and City enter into this Agreement for the
purpose of delineating the relationship and responsibilities between the County and the
City for emergency medical transportation when requested by the County through a
9-1-1 communication.
In consideration of the mutual promises, obligations, representations, and assurances in
this Agreement, the Parties agree to the following:
1. DEFINITIONS. The following words and expressions used throughout this
Agreement, whether used in the singular or plural, within or without quotation marks,
or possessive or nonpossessive, shall be defined, read, and interpreted as follows.
1.1. Agreement means the terms and conditions of this Agreement and any other
mutually agreed to written and executed modification, amendment, or
addendum.
1.2, Lik, means the City of Pontiac, a Municipal and Constitutional Corporation
including, but not limited to. its Council. Board, any and all of its
departments, its divisions, elected and appointed officials, directors, board
members, council members, commissioners, authorities, committees,
employees, agents, subcontractors, volunteers, and/or any such persons'
successors.
1.3. Claim means any alleged loss, claim, complaint, demand for relief or
damages, cause of action, proceeding, judgment. deficiency, liability, penalty,
fine, litigation, costs, and/or expenses, including, but not limited to,
reimbursement for reasonable attorney fees. witness fees, court costs,
investigation expenses, litigation expenses, and amounts paid in settlement,
which are imposed on, incurred by, or asserted against the County, its
employees or agents, whether such Claim is brought in law or equity, tort,
contract, or otherwise.
Pontiac Emergency Medical Transport Agreement
Page 1
1.4. County means Oakland County, a Municipal and Constitutional Corporation
including, but not limited to, all of its departments, divisions, the County
Board of Commissioners, elected and appointed officials, directors, board
members, council members, commissioners, authorities, committees,
employees, agents, volunteers, and/or any such persons' successors.
1,5, pAy means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
2. SCOPE OF WORK.
2.1. The City shall supply all labor, materials, incidentals, and means of work to
provide emergency transportation services when requested by the County
through a 9-1-1 communication.
2.2. The County shall pay the following prices for the transportation services:
2.2.1. Transportation from the requesting County department, division, or
elected or appointed official to and from any hospital in Oakland County.
Standby ambulance BLS (Basic Life Support, including two (2) staff)
includes emergency ambulance service, oxygen and all mileage:
$183.40/incident — first year of this Agreement;
$191.28/incident — second year of this Agreement;
$199.51/incident — third year of this Agreement
12.2. Transportation from the requesting County department, division, or
elected or appointed official to and from any hospital in Oakland County.
Standby ambulance ALS (Advanced Life Support, including two (2)
staff) includes emergency ambulance service, oxygen and all mileage:
$220.00/incident - first year of this Agreement;
$229.55/incident - second year of this Agreement;
$239.43/incident - third year of this Agreement.
2.2.3. After the completion of the third year of this Agreement, the prices set
forth in this section shall not increase more than two (2%) percent
annually.
2.3. The City shall perform all work under this Agreement in a professional
manner and shall be consistent with the practices of the trade.
3. FINANCIAL RESPONSIBILITIES.
3.1. The City shall submit a written invoice to the County once a month, itemizing
in detail, all amounts due and owing by the County under this Agreement.
The County shall pay the invoice within thirty (30) days of receipt of the
invoice.
3.2. Prior to paying any invoice under this Agreement, the County has the right to
subtract any amount of money due to the County from the City in any matter,
from any amount of money due to the City from the County under this
Pontiac Emergency Medical Transport Agreement
Page 2
Agreement. The County shall provide written notice to the City of any such
set-off,
3.3. In no event, will the County pay for services rendered under this Agreement
that are invoiced sixty (60) Days after the last day of the month in which the
services were received, without the prior approval (relating to extenuating
circumstances) of the Manager of Oakland County Fiscal Services.
4. DURATION OF INTERLOCAL AGREEMENT.
4.1, This Agreement and any amendments hereto shall be effective when executed
by both Parties with resolutions passed by the governing bodies of each Party.
The approval and terms of this Agreement and any amendments hereto shall
be entered in the official minutes of the governing bodies of each Party.
4.2. This Agreement shall remain in effect until cancelled or terminated by either
Party pursuant to Section 7.
5. ASSURANCES.
5.1. Each Party shall be responsible for its own acts and the acts of its employees,
and agents, the costs associated with those acts, and the defense of those acts.
5.2. In no event, shall the County be responsible for any cost, fee, fine, penalty, or
direct, indirect, special, incidental or consequential damages incurred or
suffered by the City in connection with or resulting from the City's
performance under this Agreement.
5.3. Neither the County nor City shall be liable for any consequential, incidental,
indirect, or special damages in connection with this Agreement.
5.4. The Parties have taken all actions and secured all approvals necessary to
authorize and complete this Agreement. The persons signing this Agreement
on behalf of each Party have legal authority to sign this Agreement and bind
the Parties to the terms and conditions contained herein.
5.5. Each Party shall comply with all federal, state, and local ordinances,
regulations, administrative rules, and requirements applicable to its activities
performed under this Agreement.
6. CITY PROVIDED INSURANCE. At all times during this Agreement, the City
shall obtain and maintain the following insurance according to the below
specifications.
6.1. $3,000,000.00 Combined Single Limited Commercial General Liability Broad
Form Endorsement/or the following as minimum requirements:
611.11 Broad form property damage
6.1.1.1.2. Premises/Operations
Pontiac Emergency Medical Transport Agreement
Page 3
6.1.1.1.3. Libel and Slander
6.1,114. Independent Contractors
6.1.1.1,5. (Blanket Broad form Contractual
6.1.1.1.6. Personal Injury — delete contractual exclusion "A"
6.2. The total limits of general liability coverage required herein may be satisfied
with a combination of a primary and excess policy having not less than
$3,000,000.00 in limits, specifically listing the primary general liability policy
as underlying insurance.
6.3. Worker's Compensation Insurance, Coverage A, with limits statutorily
required by any applicable federal or state law, and Employers Liability
Insurance, Coverage B. with minimum limits of $500,000.00 each accident,
$500,000.00 disease each employee and $500.000.00 disease policy limit.
6,4. Automobile Liability with minimum limits of $2,000,000.00 Combined Single
Limit Automobile Liability per occurrence including hired and leased
vehicles, and owned and non-owned. No-Fault coverage as required by law.
6.5. Professional Liability with minimum limits of $1,000,000.00 per occurrence
and $1,000,000.00 aggregate.
6.6. General Requirements. At all times during this Agreement, the insurance
required above shall comply with the following requirements:
6.6.1. Insurance policies shall be issued by companies licensed or approved to do
business within the State of Michigan.
6.6.2. Insurers shall possess a minimum A.M. Best rating of A6 or operating as
an approved Michigan Municipal Risk Pool.
6.6.3. General Liability, Automobile and Professional Liability policies shall be
endorsed to name as Additional Insured/Members: Oakland County.
6.6.4. All insurance policies shall be endorsed to contain a written waiver to
subrogation in favor of the County. It is understood and agreed this
provision is waived only for and only while those specific coverages are
insured with the Michigan Municipal. Risk Management Authority.
6.6.5. All policies of insurance must be on a primary, non-contributory basis
with any other insurance and/or self-insurance carried by the County.
6.6.6. All policies shall provide a written thirty (30) Days notice of cancellation
or non-renewal to the County. Renewal certificates of insurance must be
provided at least fifteen (15) Days prior to the expiration date of any and
all policies.
Pontiac Emergency Medical Transport Agreement
Page 4
7. TERMINATION OR CANCELLATION OF AGREEMENT. The County or
City may terminate or cancel this Agreement for any reason upon sixty (60) Days
written notice to the other Party.
8. NO IN-KIND SERVICES. This Agreement does not authorize any in-kind services
by any Party, unless otherwise expressly provided for in this Agreement
9. NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the
Parties, this Agreement does not and is not intended to create any obligation, duty,
promise, contractual right or benefit, right to indemnification, right to subrogation,
and/or any other right, in favor of any other person or entity.
10. DISCRIMINATION. The Parties shall not discriminate against their employees,
agents, applicants for employment, or another persons or entities with respect to hire,
tenure, terms, conditions, and privileges of employment, or any matter directly or
indirectly related to employment in violation of any federal, state or local law.
11. PERMITS AND LICENSES. Each Party shall be responsible for obtaining and
maintaining, throughout the term of this Agreement, all licenses, permits, certificates,
and governmental authorizations necessary to perform all its responsibilities under
this Agreement. Upon request, a Party shall furnish copies of any permit, license,
certificate or governmental authorization to the requesting Party.
12. RESERVATION OF RIGIITS. Notwithstanding any other provision in this
Agreement, this Agreement does not, and is not intended to impair, divest, delegate,
or contravene any constitutional, statutory, and/or other legal right, privilege, power,
obligation, duty, or immunity of the Parties.
13. FORCE MAJEURE. Each Party shall be excused from any obligations under this
Agreement during the time and to the extent that a Party is prevented from
performing due to causes beyond such Party's control, including, but not limited to.
an act of God, war, acts of government (other than the Parties'), fire, strike, labor
disputes, civil disturbances, reduction of power source, or any other circumstances
beyond the reasonable control of the affected Party. Reasonable notice shall be given
to the affected Party of any such event.
14. DELEGATION/SUBCONTRACT/ASSIGNMENT. The City shall not delegate,
subcontract, and/or assign any obligations or rights under this Agreement without the
prior written consent of the County.
15. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a
Party to pursue or enforce any rights or remedies under this Agreement shall
constitute a waiver of those rights with regard to any existing or subsequent breach of
this Agreement. No waiver of any term, condition, or provision of this Agreement,
whether by conduct or otherwise, in one or more instances, shall be deemed or
construed as a continuing waiver of any term, condition, or provision of this
Agreement. No waiver by either Party shall subsequently effect its right to require
strict performance of this Agreement.
Pontiac Emergency Medical Transport Agreement
Page 5
16. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of
this Agreement to be illegal or invalid, then the term, or condition, shall be deemed
severed from this Agreement. All other terms, conditions, and provisions of this
Agreement shall remain in full force.
17. CAPTIONS. The section and subsection numbers, captions, and any index to such
sections and subsections contained in this Agreement are intended for the
convenience of the reader and are not intended to have any substantive meaning. The
numbers, captions, and indexes shall not be interpreted or be considered as part of this
Agreement. Any use of the singular or plural number, any reference to the male,
female, or neuter genders, and any possessive or nonpossessive use in this Agreement
shall be deemed the appropriate plurality, gender or possession as the context
requires.
18. NOTICES. Notices given under this Agreement shall be in writing and shall be
personally delivered, sent by express delivery service, certified mail, or first class
U.S. mail postage prepaid, and addressed to the person listed below. Notice will be
deemed given on the date when one of the following first occur: (1) the date of actual
receipt; (2) the next business day when notice is sent express delivery service or
personal delivery; or (3) three days after mailing first class or certified U.S. mail.
18.1. If Notice is sent to the County, it shall be addressed and sent to: Oakland
County Sheriffs Office. Attention: Business Manager, 1200 North Telegraph,
Building 38 East, Pontiac, Michigan 48341, and Oakland County Board of
Commissioners, Attention: Chairperson, 1200 North Telegraph, Building 12
East, Pontiac, Michigan 48341.
18.2. If Notice is sent to the City, it shall be addressed to: City of Pontiac,
Attention: , 47450 Woodward Avenue, Pontiac, Michigan
48342.
18.3. Either Party may change the address arid/or individual to which Notice is sent
by notifying the other Party in writing of the change.
19. GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This
Agreement shall be governed, interpreted, and enforced by the laws of the State of
Michigan. Except as otherwise required by law or court rule, any action brought to
enforce, interpret, or decide any Claim arising under or related to this Agreement
shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th
District Court of the State of Michigan, or the United States District Court for the
Eastern District of Michigan, Southern Division, as dictated by the applicable
jurisdiction of the court. Except as otherwise required by law or court rule, venue is
proper in the courts set forth above.
20. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications,
amendments, rescissions, waivers, or releases to this Agreement must be in writing
and agreed to by both Parties. Unless otherwise agreed, the modification,
Pontiac Emergency Medical Transport Agreement
Page 6
DATE 9 10- 0 9
DATE:
• • •
amendment, rescission, waiver, or release shall be signed by the same persons who
signed the Agreement or other persons as authorized by the Parties' governing body.
Lotrokic rI! t1 PC
r t/r IN WITNESS WHEREOF, herebx acknowledges that he/she has been
(/ authorized by a resolution of the `..7-pe,et ;ft A-7C 6 -itilied copy of which is
attached, to execute this Agreement on behalf of the City and hereby accepts and binds
the City to the terms_anclAmditi ?_its of this Agreement.
EXECUTED:
WITNESSED:
IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolution of the
Oakland County Board of Commissioners, a certified copy of which is attached, to
execute this Agreement on behalf of the Oakland County, and hereby accepts and binds
the Oakland County to the terms and conditions of this Agreement.
&i
. , /..1
EXECUTED: L ij6 La-04V iL i DATE: 3. /an ja2=
Bill Bullard, Jr.. Chairperson
Oakland County Board of Commissioners
(--
f, 7 `.: 111.11,;(5"cve:------ DATE: 3 ( )°/ 0,/
WITNESSED:
Ru
i
Jo n, Clerk, Register of Deeds
County ofealdand
21. ENTIRE AGREEMENT. This Agreement represents the entire Agreement and
understanding between the Parties. This Agreement supersedes all other oral or
written Agreements between the Parties. The language of this Agreement shall be
construed as a whole according to its fair meaning, and not construed strictly for or
against any Party.
Emergency Medical Transport Agreement — DRAFT 1
Page 7
Man Span
Clerk of the City
Pontiac, Michigan
RESOLUTION OF THE PONTIAC CITY COUNCIL
WHEREAS, the mission of the City of Pontiac includes the charge to protect the
health, safety, and general welfare of the people of the City of Pontiac; and
WHEREAS, the City of Pontiac desires to enter into an Agreement with Medstar
Ambulance and; Medstar Medical Education and,
WHEREAS, Mayor Clarence E. Phillips and Fire Chief Wilburt McAdams have
indicated to the City Council that they approve of the Medstar Ambulance and; Medstar
Medical Education training.
NOW, THEREFORE, BE IT RESOLVED that the Pontiac City Council approve
the incorporated new Agreement titled Clinical Contract Agreement between Medstar
Ambulance; Medstar Medical Education and; City of Pontiac Fire Department.
BE IT FURTHER RESOLVED, that the City Council authorizes the Mayor and the City
Clerk to sign all documents which amend the Mcdstar Ambulance; Medstar Medical
Education and; City of Pontiac Fire Department and,
BE IT FINALLY RESOLVED, that copies of this Resolution be sent to all Medstar
Ambulance Services.
I, Vivian Spann, City Clerk of Pontiac, Michigan, do hereby certify that the
foregoing is a True Copy of a Resolution approved by the Pontiac City Council at a regular
meeting held on July 26 2007.
Given under my hand and seal of
The City of Pontiac, Michigan
This 13th day of August , A.D., 2007.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of untyA0Akland at Pontiac, ta.q
Michigan this 20th day of March, 2008.
March 20, 2008 Resolution #08042
Moved by Potter supported by Gregory the resuution be adoptec.
Moved by Potter supported by Gregory the agreement be amended as follows:
2.2.1. Transportation from the requesting County department, division, or elected or appointed
official to and from any hospital in Oakland County. Standby ambulance BLS (Basic Life
Support, including two (2) staff) includes emergency ambulance service, oxygen and all
mileage:
$183.40/hr incident first year of this Agreement;
$191.28/hf incident — second year of this Agreement;
$199.51 /incident — third year of this Agreement
2.2.2 Transportation from the requesting County department, division, or elected or appointed
official to and from any hospital in Oakland County. Standby ambulance ALS (Advanced
Life Support, including two (2) staff) includes emergency ambulance service, oxygen and
all mileage:
$220.00/44 incident — first year of this Agreement;
$229.55/114 incident — second year of this Agreement;
$239.43/44 incident — third year of this Agreement.
A sufficient majority having voted in favor, the agreement was amended to coincide with the
recommendation of the Public Services Committee.
Vote on resolution, as amended:
AYES: Gershenson, Gingell. Gosselin, Gregory, Greimel, Jacobsen, Kowa, Long, Middleton,
Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns, Coulter, Crawford,
Douglas. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
)
I HEREBY APPR OVE THE e-41--- FOREGOING RESOLUTION
ACTING PURSUANT TO 1973 PA 139
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, Clerk of the County of Oakland. do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on March 20, 2008,
with the original record thereof now remaining in my office.
Ruth Johnson, County Clerk