HomeMy WebLinkAbout16- City Grant #2016-001 US Air Force Surplus Grant h9"C
City of Bozeman Grant Routing Cover Sheet
This form is used in conjunction with Administrative Order 2014-01, adopting the Grant Application and Reception
Policy. When a Department Director signs grant documents under this provision, they are certifying that they
understand and will carry out the provisions of the grant and its impact on city operations and finances. All the
required boxes must be initialed by the appropriate departments. Use a separate routing sheet for each phase of the
grant process. Utilize assigned grant number for each phase for tracking purposes.
Grant Document Title: US Air Force Surplus Grant Grant it(issued by City Clerk):201 6-001
CFDA if(applies to Federal grants) Grant Total: $30,000 Grant Match: $0'00
Department: Fire Grant Project Manager: Josh Waldo
Phase of Process: ri Notice of Intent Application V Award/Contract
Date Document Signed:01/11/2016
For all grants under$20,000 in Department Finance Office City Manager Original Signed I'
value. Director Grant Documents
to City Clerk
Does not require approval on
Commission meeting agenda
For all grants over$20,000 in Department Finance Office City Manager Original Signe
value. Director Grant De
r
to C
*Department Director initials -� i''
verify notification to City !"'
Commission and City Manager -' ,
within 30 days of grant
application. F
REQUIRES City Commission
Approval
DATE of COMMISSION F
MEETING: 01/11/2016
Presented by:Chief Waldo
I1IConsent Action
Revised 10/27/2014
i1
Staff Instructions for Use and Expectation of Review
Department Director
- Fully understands the grant and its impact on city operations and finances and intends to carry out
the grant provisions if awarded
- Written notification to City Commission and City Manager if grant is over$20,000
- Coordinates with legal staff or applicable departments for all sub-recipient or related contractual
documents associated with the grant
Finance Office
- Receives copies of grant documents and/or accounts for potential impact on city finances
City Manager
- Authorizing signature
City Clerk
- Issues grant routing number
- Retains copy of original signed documents
- Tracks grant documents by number
Revised 10/27/2014
"4:o0 BOZ
nr-
j -. .. Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Josh Waldo, Fire Chief
Chris Kukulski, City Manager
SUBJECT: Acceptance of Surplus Air Force Ambulance
MEETING DATE: January 11, 2016
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize Bozeman Fire Department to accept surplus United States
Air Force Ambulance with an estimated value of$30,000.
BACKGROUND: Per administrative policy 2014-01, I respectfully submit this as
notification and request for approval to pursue the acquisition of 2006 Ford F-350 4x4
ambulance via surplus from the Wright-Patterson Air Force Base in Dayton, Ohio. The surplus
unit is equipped with a diesel engine with 3,495 miles and listed by the Air Force to be in
excellent condition. The cost of acquiring this piece of equipment should be less than $2,000.00
to pay for two BFD members to fly to Dayton and drive the unit back to Bozeman.
While there has been no mention of a need for an ambulance in the fire department
capital improvement plan to date, there has been on-going discussion with our local EMS
transport agency, AMR, about acquiring an additional medic unit. Presently BFD and AMR
have a standing agreement for AMR to lease BFD with a fully furnished used AMR ambulance
that is to be housed at a BFD fire station. This ambulance, known as medic 1, is dispatched to
emergencies in both Bozeman and Gallatin County during situations where AMR has no
available units to respond to calls for EMS transport. Upon receiving the request for a medic 1
response,two on duty BFD personnel move from a fire engine over to the ambulance, respond to
the call and transport the patient to Bozeman Deaconess. Simultaneously when medic 1 is
dispatched, a request is sent out for two off duty BFD members to return to the station to fill the
positions vacated on the fire truck by the members responding on the ambulance. Per the AMR
and BFD agreement, AMR covers the overtime cost of the off duty members who are called in,
any supplies used on the call, and any maintenance required on the ambulance. I have secured
confirmation from AMR that they would support the stocking of the unit which will be an
investment on their end of approximately $30,000.00 and the continued support of covering the
positions that are called in for staffing. BFD would have to cover the maintenance cost
associated with this unit as it will be owned by BFD and not AMR, but I have ensured that we
have the necessary budget funds to do so.
Presently Medic 1 is housed at Fire Station 3 off of Vaquero Parkway. Since July 1, BFD
has received 107 request for Medic 1, which is an unusually high number of request, but a trend
that follows the overall increase in number of calls in Gallatin County. BFD and AMR have
discussed the implementing of a second ambulance to be housed at Fire Station 1 on Rouse Ave,
but to date AMR has not been able to support the expense of providing BFD with a second
completed outfitted ambulance. By virtue of only having one ambulance, situations have arisen
where no one is at the station when the request for medic 1 is made. This requires that a fire
company travel across town to retrieve the ambulance for response. This delays the response of
the EMS transport unit and effectively takes a fire company out of service.
The acquisition of this ambulance would improve our level of customer service by
placing ambulances on opposite ends of the city. The implementation of this second medic unit
would not require us to respond both of the medic units at the same time, as current staffing
levels prohibit us from being able to do so. It would however reduce the likelihood of BFD
members having to drive across town to retrieve an ambulance for response. The acquired
ambulance would remain BFD property and thus would make it available for use at city
sponsored function such as Music on Main, Ice Climbing Events, Cat/Griz weekends, and other
events where a potential for injury to the public exist. Having a BFD owned ambulance also
provides us with a safety net in the event that BFD was ever forced into EMS transport via the
withdrawal of services by our current transport provider.
While this would be a new piece of equipment added to our fleet it is not something that I
would currently recommend we make plans for future replacement. Once this vehicle reaches
the end of its lifespan which I would estimate to be 10 years it would be up to our EMS transport
provider to replace the unit if they so desired. If the EMS transport provider declined to replace
the unit we would simply do away with it as it is currently not a fiscally responsible or beneficial
plan for BFD to purchase ambulances to provide back up support for the for profit transport
agencies.
ALTERNATIVES: As suggested by the City Commission
FISCAL EFFECTS: Approval of this proposal will have no adverse impacts on the current Fire
Department budget. The cost associated with acquiring this unit have to do with the moving of
the unit from its current location in Dayton, Ohio to Bozeman which I estimated to be under
$2,000 for the cost of one-way airfare, lodging, and fuel.
Attachments: AMR/BFD Back-up Ambulance Services Agreement
Report compiled on: December 30, 2015
THIS BACK-UP AMBULANCE SERVICES AGREEMENT ("Agreement") is made
between the American Medical Response Ambulance Service, Inc. (" AMR") with offices at
2101 Industrial Drive, Bozeman, Montana 59715 and the City of Bozeman (the "City") a self
governing municipal corporation organized and existing under its Charter and the laws of the
State of Montana,with offices at 121 North Rouse Bozeman, Montana 59715.
'WHEREAS, the Parties wish to improve emergency medical services for patients in the
community;
'WHEREAS, the Parties desire to provide backup services for patients in the community
that need emergency medical services when the normal emergency medical system resources
would result in a significantly delayed response; and
'WHEREAS, the Parties want to combine certain of their individual resources on the
terms and conditions herein to improve emergency medical services for patients in the
community.
NOW,THEREFORE,In consideration of the mutual covenants and agreements herein
contained,the receipt and sufficiency whereof being hereby acknowledged,the parties hereto
agree as follows:
1. Purpose. AMR provides non-exclusive emergency and medical response services within
the City of Bozeman. The purpose of this Agreement is for the City to assist AMR in its
provision of these services by providing back-up services for AMR's emergency and
medical response through the use of personnel within the Bozeman Fire Department,
2. Term and Termination. This Agreement shall be for a term of three (3) years from the
Effective Date, as defined below. This Agreement may be extended by mutual written
consent of the Parties. This Agreement may be terminated by either Party upon the
material breach of this Agreement by the other Party if such breach is not cured within
(15) fifteen days written notice ("Breach Notice") thereof to the other Party but only in
compliance with Section 25 (Dispute Resolution), below. The Breach Notice must
specifically identify the material breach and specifically request remedy. Either Party
may terminate this Agreement without cause on thirty (30) days written notice to the
other Party.
3. Vehicle Leased to City. In fulfillment of the purpose of this Agreement, AMR hereby
leases one (1) fully depreciated advanced life support ambulance ("ALS Unit") to City.
The City shall be responsible for any applicable vehicle licensing or permit requirements
for the ALS Unit. The City shall only use the ALS Unit for backup services and only
after notified by AMR that it needs City to provide backup services. The City shall not
use the ALS Unit for any other purpose.The ALS Unit shall be marked and designated as
a City vehicle. The ALS Unit will be stationed at any City Fire Station as deemed by the
Agreement between AMR and the City of Bozeman for Backup EMS Services
Page 1 of 8
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City to be the best use of that ALS Unit. The City shall secure and store the ALS Unit
during down time. The City shall notify AMR immediately if the ALS Unit has
mechanical problems or is out-of-service, The City shall also notify AMR of any motor
vehicle accident that involves the ALS Unit within twenty-four (24) hours of the
accident. The lease under this paragraph ends upon the expiration of this Agreement or
upon any earlier termination thereof.
4. City Personnel. The City will supply ALS level personnel from the Bozeman Fire
Department to provide backup services with the ALS Unit. The City's personnel will be
licensed, certified and accredited in accordance with applicable federal, state or local
laws. AMR, in its sole discretion,may require City to remove City personnel or prohibit
City personnel from staffing the ALS Unit, The City shall be solely responsible for all
compensation and benefits to its personnel that provide backup services with the ALS
Unit.
5. Maintenance, Supplies, Equipment and Replacement. AMR at its cost and expense
will provide equipment, disposable medical supplies and preventative maintenance for
the ALS Unit. AMR will replace or replenish disposable medical supplies used by
Department for backup services on a one-for-one basis. The City shall be responsible for
replacement of any equipment or disposable medical supplies that are lost, stolen or
damaged. The Department shall follow the replacement program and schedule
established by AMR for replacing or decommissioning vehicles.
6. Training. AMR may from time-to-time provide City, at no cost, with training for City
personnel on ambulance driving and transport procedures. Any training will be at a
mutually agreed upon time and place.
7. Consideration. As consideration for the City providing backup services, vehicle
stationing, assignment of personnel to the ALS Unit, deployment benefits and other
consideration received from the Department, AMR will provide the City with vehicle
preventative maintenance equipment, disposable medical supplies, training and other
consideration as outlined in this Agreement and AMR will lease the ALS Unit to the
City without charge. The Parties warrant and represent that the consideration exchanged
in this Agreement is fair market value.
8. Dispatch Services. When AMR determines that it needs the City to provide backup
services, AMR will contact the Department to arrange for the City to link with the
dispatch center for the emergency medical system. The Department will immediately
notify AMR if it does not have available personnel to staff the ALS Unit. Pre-arrival
instructions for backup services will continue to follow the procedures as established by
the emergency medical system.
The City may also use the ALS Unit for standby services That it may provide under any
future agreement or agreement between the parties ("Future Standby Arrangement"). Any
transports that the City may provide under any Future Standby Arrangement shall be
subject to the terms of paragraph 11 below,
Agreement between AMR and the City of Bozeman for Backup EMS Services
Page 2 of 8
9. Standard of Emergency Medical Services. The City will provide backup servicesin
accordance with prevailing industry standards of quality and care applicable to the
emergency medical services industry.
10,Protocols. The City will comply with any and all applicable emergency medical service
protocols.
11,Payment for Backup Services. The Parties shall not seek fees, reimbursement or
payment from any patient, third-party payor or, excepted as provided below, the other
Party for any backup services. Notwithstanding the preceding, if the City does not have
available employees to provide backup services and must call-back employees who are
off-duty to provide backup services, AMR will reimburse the City for its all costs to call-
back its off-duty employees ("CallBack Pay"), The City shall provide AMR with
documentation to support any invoice for Call-Back Pay.
12.Indemnification. To the fullest extent permitted by law, AMR agrees to release, defend,
indemnify, and hold harmless the City, its agents, representatives, employees, and
officers (collectively refereed to for purposes of this Section as the City) from and against
any and all claims, demands, actions, fees and costs (including attorney's fees and the
costs and fees of and expert witness and consultants), losses, expenses, liabilities
(including liability where activity is inherently or intrinsically dangerous) or damages of
whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted
against, recovered from or suffered by the City occasioned by, growing or arising out of
or resulting from or in any way related to: (i) the negligent, reckless, or intentional
misconduct of AMR; (ii) any negligent, reckless, or intentional misconduct of any of the
AMR's agents; or (iii) the negligent, reckless, or intentional misconduct of any other
third party to which AMR provides service.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist, The indemnification obligations of
this Section must not be construed to negate, abridge, or reduce any common-law or
statutory rights of the indemnitee(s) which would otherwise exist as to such
indemnitee(s),
AMR's indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should any indemnitee described herein be required to bring an action against AMR to
assert its right to defense or indemnification under this Agreement or under the AMR's
applicable insurance policies required below the indemnitee shall be entitled to recover
reasonable costs and attorney fees incurred in asserting its right to indemnification or
defense but only if a court of competent jurisdiction determines the Contractor was
obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a
claims) or any portion(s)thereof.
Agreement between AMR and the City of Bozeman for Backup EMS Services F
Page 3 of 8
ii
II
In the event of an action filed against City resulting from the City's performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of
suit.
AMR also waives any and all claims and recourse against the City or its officers, agents
or employees,including the right of contribution for loss or damage to person or property
arising from, growing out of, or in any way connected with or incident to the
performance of this Agreement except"responsibility for his own fraud, for willful injury
to the person or property of another, or for violation of law,whether willful or negligent"
as per 28-2-702,MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
13.Insurance. In addition to and independent from the requirements of Section 13, above,
AMR shall obtain and maintain throughout the term of this Agreement, comprehensive
automotive insurance and comprehensive general liability insurance with limits of $5
million per claimant per incident. Each Party will maintain workers' compensation
insurance in the statutory required amounts.
The City, its officers, agents, and employees, shall be endorsed as an additional or named
insured on a primary non-contributory basis on both AMR's commercial general and its
automobile liability policies. The insurance and required endorsements must be in a form
suitable to City and shall include no less than a sixty (60) day notice of cancellation or
non-renewal. The City must approve all insurance coverage and endorsements.
Contractor shall notify City within two (2)business days of AMR's receipt of notice that
any required insurance coverage will be terminated or Contractor's decision to terminate
any required insurance coverage for any reason.
The City may obtain and maintain risk management coverage up to the limitation and
amounts provide in MCA section 2-9-108. AMR specifically recognizes and agrees that
any risk management coverage obtained by the City is secondary to AMR's insurance.
14.Confidentiality. All information with respect to the operations and business of a party
(including the rates charged hereunder) and any other information considered to be and
treated as confidential by that party gained during the negotiation or Term of this
Agreement will be held in confidence by the other party and will not be divulged to any
unauthorized person without prior written consent of the other party, except for access
required by law,regulation and third party reimbursement agreements.
15.Referrals. It is not the intent of either party that any remuneration, benefit or privilege
provided for under this Agreement shall influence or in any way be based on the referral
or recommended referral by either party of patients to the other party or its affiliated
providers, if any, or the purchasing, leasing or ordering of any services other than the
specific services described in this Agreement. Any payments specified herein are
Agreement between AMR and the City of Bozeman for Backup EMS Services
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consistent with what the parties reasonably believe to be a fair market value for the
services provided.
16.Relationship. In the performance of this Agreement, each party hereto shall be, as to the
other, an independent contractor and neither party shall have the right or authority,
express or implied, to bind or otherwise legally obligate the other. Nothing contained in
this Agreement shall be construed to constitute either party assuming or undertaking
control or direction of the operations, activities or medical care rendered by the other.
AMR and City administrative staff shall meet on a regular basis to address issues of
mutual concern related to the provision of Services and the parties' respective rights and
obligations hereunder,
17.Force Majeure. Neither Party shall be responsible for any delay in or failure of
performance resulting from acts of God, riot, war, civil unrest, natural disaster, labor
dispute or other circumstances not reasonably within its control,
18.H1PAA. Each party shall comply with the privacy provisions of the Health Insurance
Portability and Accountability Act of 1996 and the regulations thereunder ("HIPAA"),
and with such other requirements of HIPAA that may become effective during the Term.
The City shall reasonably assist AMR in complying with HIPAA, including assisting
AMR in providing AMR's notice of privacy practices to Patients prior to non-emergency
transports and as soon as reasonably possible after emergency transports, and obtaining
an acknowledgment of delivery of such notices for non-emergency transports. Each party
acknowledges and agrees that it is considered a covered entity under HIP AA.
Accordingly, both parties are permitted to use and disclose Protected Health Information
in accordance with HIPAA without an additional written authorization of the Patient as
long as both parties have a direct relationship with the Patient, All Patient medical
records shall be treated as confidential so as to comply with all state and federal laws.
19.Miscellaneous,
a. Compliance with Laws. The Parties will comply in all material respects with all
applicable federal and state laws and regulations including, the federal Anti-
kickback statute,
b. Compliance Program and Code of Conduct. AMR has made available to each
party a copy of its Code of Conduct,Anti-kickback policies and other compliance
policies, as may be changed from time-to-time, at AMR's web site, located at;
www.amr,net, and each party acknowledges receipt of such documents. AMR j
warrants that its personnel shall comply with AMR's compliance policies,
including training related to the Anti-kickback Statute.
c. Non-Exclusion. Each party represents and certifies that neither it nor any
practitioner who orders or provide services on its behalf hereunder has been
convicted of any conduct that constitutes grounds for mandatory exclusion as
identified in 42 U.S.C.§ 1320a-7(a). Each party further represents and certifies
that it is not ineligible to participate in Federal health care programs or in any
Agreement between AMR and the City of Bozeman for Backup EMS Services
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other state or federal government payment program. Each party agrees that if
DHHS/OIG excludes it, or any of its practitioners or employees who order or
provide services, from participation in Federal health care programs, the party
must notify the other party within five(5)days of knowledge of such fact, and the
other party may immediately terminate this Agreement, unless the excluded party
is a practitioner or employee who immediately discontinues ordering or providing
services hereunder.
20.Notice. All notices required under this document shall be written and served by registered
mail to the City at P.O. Box 1230, Bozeman, Montana 59771-1230 attention Fire Chief
unless otherwise directed by the City and to AMR at 2101 Industrial Drive, Bowman,
Montana 59715, attention Operations Manager,unless otherwise directed by AMR,
21.Reports/Accountability/Public Information; AMR agrees to develop and/or provide
documentation as requested by the City demonstrating AMR's compliance with the
requirements of this Agreement. The Contractor shall not issue any statements, releases
or information for public dissemination without prior approval of the City.
22.Non-Waiver: A waiver by either party any default or breach by the other party of any
terms or conditions of this Agreement does not limit the other party's right to enforce
such term or conditions or to pursue any available legal or equitable rights in the event of
any subsequent default or breach.
23.Attorney's Fees and Costs: That in the event it becomes necessary for either Party of
this Agreement to retain an attorney to enforce any of the terms or conditions of this
Agreement or to give any notice required herein, then the prevailing Party or the Party
giving notice shall be entitled to reasonable attorney's fees and costs, including fees,
salary,and costs of in-house counsel to include City Attorney.
24.Taxes: AMR is obligated to pay all taxes of any kind or nature and make all appropriate
employee withholdings.
25.Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents, employees,
or representatives shall be resolved first by negotiation between senior-level
personnel from each patty duly authorized to execute settlement agreements.
Upon mutual agreement of the parties, the parties may invite an independent,
disinterested mediator to assist in the negotiated settlement discussions,
b• If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised,then such dispute may only be resolved in a court
of competent jurisdiction in compliance with the Applicable Law provisions of
this Agreement.
Agreement between AMR and the City of Bozeman for Backup EMS Services
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26. Headings: The headings used in this Agreement are for convenience only and are not be
construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
27. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
28. Applicable Law: The parties agree that this Agreement is governed in all respects by the
laws of the State of Montana and the parties expressly agree that venue will be in Gallatin
County,Montana, and no other venue.
29. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
30. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties,
does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
31. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
32. Integration; This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a
part thereof by reference, are not binding upon the parties. There are no understandings
between the parties other than as set forth in this Agreement. All communications, either
verbal or written, made prior to the date of this Agreement are hereby abrogated and
withdrawn unless specifically made a part of this Agreement by reference.
33. Extensions: This Agreement may, upon mutual agreement, be extended for one year
periods by written agreement of the Parties. In no case,however, may this Agreement run
longer than three(3)years after the Date of Execution.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
is
Agreement between AMR and the City of Bozeman for Backup EMS Services
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IN WITNESS WHEREOF, the Parties have hereto executed this Agreement as of this Ist day
of September,2014("Effective Date").
American Medical Response Ambulance City of Bozeman:
Service,Inc.
/#1gjei
Thomas Wag er, CEO, West Region Chris Kukulski,City Manager
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Attest .
Sfax. 'OMC
Agreement between AMR and the City of Bozeman for Backup EMS Services
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