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HomeMy WebLinkAbout17-79 Approving Interlocal Agreement for Amublance Services in St. Joseph County �o4�pUT14$��d 1222 S.MICHIGAN STREET V �d PHONE 579/ 235-9255 SOUTH BEND,INDIANA 466oi-2821 .�� pEA E FAX 574/235-9305 % 2865 x Filed in Clerk's Gt ue CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR SOUTH BEND FIRE DEPARTMENT DEC 06 2017 STEPHEN E COX KAREEMAH I=OVJLER FIRE CHIEF CITY CLERK,SOUTH F3 ND IM I December 5, 2017 Mr.Tim Scott President, South Bend Common Council 227 W.Jefferson Blvd., Suite 400 S South Bend,Indiana 46601 RE: A-RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND,INDIANA,AND ST.JOSEPH COUNTY,INDIANA,FOR THE PROVISION OF AMBULANCE SERVICES IN ST.JOSEPH COUNTY Dear President Scott: Attached for filing, please find the above-referenced resolution to be considered by the Common Council at its December 10, 2018 meeting. This resolution approves a two-year interlocal agreement with St.Joseph County for the City of South Bend to provide ambulance service for those portions of St.Joseph County which do not otherwise have ambulance service available. Following the expiration of the initial two-year term, the agreement is set to automatically renew for successive one-year periods unless terminated by either party. The area to be served is referenced in the agreement and depicted in one of the accompanying exhibits,but is generally described as all unincorporated portions of St.Joseph County,except for the cities of South Bend and Mishawaka,property which is owned or operated by the University of Notre Dame,and any other municipal corporation or location within St.Joseph County in which ambulance service is already provided. I will be presenting this agreement to the Common Council, along with Assistant Chiefs Todd Skwarcan and Andy Myer.Your favorable consideration is requested. Please do not hesitate to contact me if you need additional information. Sincerely, Steph n F. Cox,Fire Chief South Bend Fire Department 0 JAMES Luc= TODD L.SxwARCAN ANDREW J.INNER JOHN CORTHIER FEDERICO RODRIGUEZ,JR Assr.CHIEP OPERATIONs ASST.CHIEP SERVICFS ASST.CHIFP EMS Assr.CHIEP TRAINING FIRE MARSHAI. Filed in Clerk's Office RESOLUTION NO. DEC o 6 2011 A RESOLUTION OF i -FRE- tJ9A To—\F/-L- \FILER THE COMMON COUNCIL OF THE CITY OF SOUTH BENP,,�IbJWSOUI� ,REh�� IN APPROVING AN INTERLOCAL AGREEMENT BETWEEN ��.D THE CITY OF SOUTH BEND,INDIANA,AND ST.JOSEPH COUNTY,INDIANA FOR THE PROVISION OF AMBULANCE SERVICES IN ST. JOSEPH COUNTY WHEREAS, the City of South Bend, Indiana, has a long and successful history of providing emergency medical services to its residents; and WHEREAS, St. Joseph County, Indiana, wishes to provide the very best emergency medical services to its residents and believes that such services can be provided by the City of South Bend; and WHEREAS, Indiana Code 36-1-7,the Interlocal Cooperation Act, authorizes one or more- governmental entities to exercise,jointly or by one entity on behalf of others, powers that may be exercised by such units severally; and WHEREAS, commencing in December 1997, the City of South Bend has provided emergency medical services within certain areas of St. Joseph County under successive interlocal agreements, and the parties wish to continue this relationship; and WHEREAS, the Executives of the City of South Bend and St. Joseph County have reached an agreement as to the respective rights and responsibilities to be assumed in the continuation of this relationship, the terms of which are set forth in the Interlocal Agreement attached to this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The Common Council of the City of South Bend, Indiana, has considered and hereby ratifies, confirms, and approves the Interlocal Agreement attached to this Resolution, governing the provision of ambulance services in St. Joseph County, Indiana, by the City of South Bend, Indiana. Section II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member, Common Council Filed in Clerk's Office INTERLOCAL AGREEMENT DEC 06 2,817 This Interlocal Agreement this"Agreement")is made as of the da o-f 2017, by and between the Board of Commissioners of St. Joseph County, Indiana(the "County") and the City of South Bend, Indiana(the "City") (each a"Parry," and together the"Parties"). WHEREAS, for many years, the Parties have executed interlocal agreements authorizing the City to provide ambulance services to certain unincorporated areas located within St. Joseph County,the most recent iteration of which is scheduled to expire on December 31, 2017; and WHEREAS, the Parties desire to continue the City's provision of ambulance services in the County and agree that the operations provided for in this Agreement have been and will continue to be in the best interests of their respective communities; and WHEREAS,the Parties are governmental entities and political subdivisions organized and existing pursuant to the laws of the State of Indiana; and WHEREAS, Ind. Code 36-1-7, the Interlocal Cooperation Act, authorizes one or more governmental entities to exercise,jointly or by one entity on behalf of others, powers that may be exercised by such units severally; and WHEREAS, the Parties agree that it is desirable, advantageous, and in the public interest to enter into an Agreement for joint and cooperative action as embodied herein. NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, and pursuant to the authority granted the parties under Ind. Code 36-1-7, the County and City agree as follows: Article I. Statutory Authority; Purpose and Duration of Agreement Section 1.01. Authori1y. The Parties make this Agreement under the authority and subject to the terms and provisions of the Interlocal Cooperation Act, Ind. Code 36-1-7 (the "Act"). The Parties agree that, upon its full approval by the City and the County (and their respective fiscal bodies),this Agreement will satisfy each requirement of Section 4(a)of the Act,exempting it from the necessity of approval by the Indiana Attorney General. Section 1.02. Purpose. Pursuant to Section 3(a)(2) of the Act, the Parties agree that the purpose of this Agreement is to enable the provision of ambulance services by the City to those portions of St. Joseph County, Indiana,that do not otherwise have ambulance services available. Section 1.03. Duration. Pursuant to Section 3(a)(1) of the Act,the Parties agree that this Agreement shall become effective on January 1,2018,and will continue until December 31,2019; provided,however,that this Agreement shall thereafter automatically renew for successive one(1) year terms unless terminated as provided herein. 1 Section 1.04. Termination. Pursuant to Section 3(a)(4) of the Act, the Parties agree that either Party may terminate this Agreement by the adoption of a resolution by its executive,no later than July 1 of the calendar year such Party wishes to be the final calendar year of this Agreement, resolving to terminate this Agreement as of December 31 of that calendar year. The Parties recognize that due to the types of services provided,the supplies and equipment required, and the number of qualified personnel needed to carry out the terms of this Agreement, timely communication and notice regarding renewal of this Agreement is of the essence. Article II. Administration; Service Area Section 2.01. Joint Board. Pursuant to Section 3(a)(5)(b)of the Act,the Parties agree that this Agreement shall be administered through a joint board consisting of six (6) members (the "Joint Board")who shall be: a) The three (3) County Commissioners of St. Joseph County, Indiana; and b) The Mayor of the City of South Bend, the South Bend Fire Chief, and the South Bend City Controller. The Joint Board shall meet annually or as otherwise mutually agreed. Section 2.02. Service Area. The Parties agree that the service area governed by this Agreement is described as all unincorporated portions of St. Joseph County, except for the cities of South Bend and Mishawaka, property which is owned or operated by the University of Notre Dame and is served by South Bend under a separate contract with Notre Dame, and any other municipal corporation or location within St. Joseph County in which ambulance service is already provided(the"Unincorporated County"). The Unincorporated County is generally depicted in the attached Exhibit"A,"which is incorporated into this Agreement. Article III. Financing; Staffing; Equipment Section 3.01. Funding. For the year 2018, the County shall pay to the City an annual payment of One Million Eight Hundred Eight Thousand Nine Hundred Sixty-Six Dollars ($1,808,966.00)payable in twelve (12)monthly payments of One Hundred Fifty Thousand Seven Hundred Forty-Seven Dollars ($150,747.00) per month. For the year 2019, the County shall pay to the City an annual payment of One Million Eight Hundred Thirty-One Thousand Three Hundred Seventy-Five Dollars ($1,831,375.00) payable in twelve (12) monthly payments of One Hundred Fifty-Two Thousand Six Hundred Fifteen Dollars ($152,615.00)per month. Section 3.02. Renewal Funding. The Parties agree that for each additional year after 2019 in which the Agreement is renewed pursuant to Section 1.03 (each "Renewal Year"), the annual payment from the County to the City shall reflect the City's labor costs based upon the collective bargaining agreement with Local 362 International Association of Firefighters that is in effect during the Renewal Year, as well as the salary ordinance passed by the South Bend Common 2 Council for the sworn and non-sworn members of the South Bend Fire Department. The funding for each Renewal Year shall be calculated in the same manner used to determine the payments set forth in Section 3.01, and the total payment for each Renewal Year shall be paid in twelve (12) equal, monthly installments. The City shall notify the County within a reasonable time prior to each Renewal Year of the total payment to be made for that year in accordance with this section. Section 3.03. Accounting. The Parties agree that the City Controller of the City of South Bend has the duty to receive, disburse, and account for all monies generated under this Agreement in accordance with applicable laws. Section 3.04. Staffing and Equipment. The Parties agree that the County shall own and supply the City with one (1) advance support vehicle with all necessary equipment, and two (2) heavy duty ambulances with all necessary equipment (the "Vehicles"), including any additional equipment required by the ALS Committee of St. Joseph County. The City shall be solely responsible for proper staffing and operation of the Vehicles. Upon termination of this Agreement, there shall be no change in the ownership of the Vehicles, and the City shall enable the return of the Vehicles to the County's possession by December 31 of the year in which this Agreement is terminated. Section 3.05. Equipment Maintenance; Costs; Billing. The Parties agree that the City shall perform all routine preventative maintenance and repairs ("Maintenance") on the Vehicles through its Division of Central Services ("Central Services") at a fixed labor rate of Seventy Dollars ($70.00)per hour(the"Labor Rate"). The rate charged to the County by the City for parts shall be the standard rate established by Central Services and paid by all Central Services customers. The Parties agree that the Labor Rate may be amended from time to time, by written agreement of the Parties. The City shall bill the County monthly for all Maintenance, including labor for Maintenance and parts, and fuel for the Vehicles. Supporting documentation shall be provided to the County along with any bill,and payment shall be due no later than thirty(30) days after the date of billing. In the event that a major repair or replacement of the Vehicles is needed, it shall be County's responsibility, except if such damage is solely caused by a willful act or gross negligence of a City employee. Section 3.06. Equipment Housing. The Parties agree that at the commencement of this Agreement the Vehicles shall be housed at: a. 5303 York Road; or b. 3505 North Bendix Drive. In the event that either station is not available for any reason, the County shall be responsible for providing alternative housing for the Vehicles. 3 Article IV. User Fees and Collections; Liability Section 4.01. User Fees. Unless modified by the Joint Board, the City may charge user fees for ambulance/medical services in accordance with § 93.05 of the St. Joseph County Code, as set forth in the attached Exhibit "B," which is incorporated into this Agreement. Section 4.02. Collections and Remittances. The Parties agree that the City shall make reasonable efforts to collect from the ambulance patients served under this Agreement all user fees charged under Section 4.01,and shall remit to the County within thirty(3 0)days of receipt all user fees collected, except as otherwise provided herein. The Parties further agree that the City will provide monthly reports to the County detailing user fees collected, payments made, and service runs completed pursuant to this Agreement, and the City shall remit to Liberty Township Ambulance Service, the town of Walkerton, Union North Ambulance Service, and New Carlisle Ambulance Service fifty percent (50%) of any user fees collected for an ALS assist, prior to remitting to the County the remaining fifty percent(50%)of the user fees collected for that service. Section 4.03. Indemnification for Non-City Driver. The Parties recognize that under certain circumstances,proper medical procedure may necessitate that the two(2)persons assigned by the City to an ambulance serving the Unincorporated County provide simultaneous medical care to a patient, further requiring that the ambulance be driven by an EVOC-certified individual who is not a City employee. The County therefore agrees to indemnify,defend, and hold harmless the City from any and all claims, actions, causes of action, demands, rights, liens, damages, medical expenses,costs,loss of service,other expenses,compensation,and judgments whatsoever, in the event of a vehicle accident or other occurrence related to operation of a vehicle under such circumstances. Section 4.04. Liabili . Pursuant to Ind. Code § 36-1-7-7, each party shall be solely and completely responsible for the acts and omissions of its respective employees,volunteers,officers, agents, and all other such persons acting in performance of this Agreement. This provision shall not apply to any claims, actions, causes of action, demands, rights, liens, damages, medical expenses, costs, loss of service, other expenses, compensation, or judgments arising out of or caused by instances covered in Section 4.03, or pertaining to the development, adoption, implementation, operation, maintenance or use of the St. Joseph County Public Safety Communications Center. Article V. General Provisions Section 5.01. Amendment. The Parties, by mutual agreement in writing, may amend, modify and supplement this Agreement. The failure of any Party to enforce at any time any provision of this Agreement shall not be construed to be a waiver of such provision, nor in any way to affect the validity of this Agreement or any part hereof or the right of such party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to constitute a waiver of any other or subsequent breach. 4 Section 5.02. Assignment. No Party may assign this Agreement or any of its rights, interests, obligations, or duties hereunder, whether by operation of law or otherwise, without the express written consent of the other Party. Section 5.03. Severability. Should any part of this Agreement be determined by a court of competent jurisdiction to be invalid,illegal,or against public policy,said offending section shall be void and of no effect, and shall not render any other section herein, nor this Agreement as a whole, invalid. Those rights, interests, obligations, and duties hereunder, which by their nature should survive, shall remain in effect after termination, suspension, or expiration hereof. Section 5.04. Non-Discrimination. Pursuant to Ind. Code § 22-9-1-10, neither the City, the County,nor any of their contractors or subcontractors shall discriminate against any employee or applicant for employment,to be employed in the performance of any work under this Agreement with respect to hire,tenure,terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment,because of race,color,religion,sex,disability,national origin, or ancestry. Breach of this covenant may be regarded as a material breach of this Agreement. Section 5.05. Counterparts. This Agreement may be executed in counterparts, each of which when executed shall be deemed to be an original, and such counterparts, together, shall constitute but one and the same Agreement. Section 5.06. Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the State of Indiana, and any dispute relating to the subject of or arising out of this Agreement shall be subject to the sole and exclusive jurisdiction of the Circuit and Superior Courts of St. Joseph County, Indiana. Section 5.07. Further Assurances. The Parties agree that they will each undertake in good faith, as permitted by law, any action and execute and deliver any document reasonably required to carry out the intents and purposes of this Agreement. Section 5.08. Exhibits. All exhibits described herein and attached hereto are incorporated into the Agreement by reference. Section 5.09. Entire Agreement. This Agreement, as it may be amended from time to time, encompasses the entire agreement of the Parties concerning its subject matter, and no understanding, discussion, negotiation, or agreement will be binding on the Parties unless it is set forth herein. [Signature page follows.] 5 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first above written. ST. JOSEPH COUNTY,INDIANA CITY OF SOUTH BEND,INDIANA Andrew T. Kostielney, President of the Pete Buttigieg, Mayor Board of Commissioners ATTEST: Deborah Fleming, D.M.D., Vice President of the Board of Commissioners Kareemah Fowler, City Clerk Dave Thomas, Member of the Board of Commissioners ATTEST: Michael J. Hamann, St. Joseph County Auditor APPROVED pursuant to St. Joseph County APPROVED pursuant to South Bend Council Resolution No. Common Council Resolution No. Rafael Morton, President of the Tim Scott, President of the South Bend St. Joseph County Council Common Council 6 South Bend Fire Department - Medics 10 & 11 Coverage (2 Unicorporated Areas of St. Joseph County I I ea9a �� L_r ]��� ..1 I-80/90- - I _. —L Laois t 80190 US 20 LL a US 20� i 1 a I. C � `a' �r•--a r t-q�I i4j16 �I )�>�;�1): IvvY t�� � ���I^� J � WESTERN AVE Z GJ 1 US 33 of �� r 11�"'�y�'"• r US 33 a lb� x'1.1 Ri U O r a ca .� _ � ■ice ■ ��'itt - Ad ti Miles Legend N Streets i Q Medic W ,, E O Medic OSt.Jos S Filed in Clerk's Office t DEC 06 2017 U-E-E3~�!kk, f-OW LER CITY CLERK,SOUTH B NU,IN 11/3/2017 CHAPTER 93:SPECIAL SERVICES PROGRAMS Print Saint Joseph County, IN Code of Ordinances § 93.05 FEES AND COLLECTIONS. (A) A user fee shall be charged for all ambulance/medical services provided by the county, either through direct administration, by contractual services, or by any other mode, as established by the St. Joseph County Commissioners by specification and/or contract. (B) Notwithstanding any fees established by division(A) above, the maximum user fee to be charged any user shall not exceed the fee schedule per the City of South Bend Ordinance No. 9340-02. (C) The fees established shall be charged per patient run occurrence; provided,however, that when more than two members of an immediate family residing at the same address are transported by the same ambulance per incident,the basic fee, mileage fee and emergency fee shall only be billed for two persons. (D) It will be permissible for an ambulance service to offer membership applications to residents of St. Joseph County. (1981 Code, § 10.20.050) (Ord. 32-76,passed - - 1976; Ord. 14-88,passed - -1988; 37-94, passed - -1994; Ord. 97-02, passed 9-10-2002) Filed in Clerk's Office DEC 0 6 2017 KAREEMAi;FOWLER CITY CLERK,SOUTH BFtiD, IIlI Exhibit B http://Iibrary.amlegal.com/alpscripts/get-content.aspx 1/1