HomeMy WebLinkAboutItem 07 FireMed Administrative Services Contract with Life Flight Network LLC AGENDA ITEM SUMMARY Meeting Date: 6/3/2013
Meeting Type: Regular Meeting
Staff Contact/Dept.: Brian Evanoff
Staff Phone No: 736-1019
Estimated Time: Consent Calendar
S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Provide Financially
Responsible and
Innovative Government
Services
ITEM TITLE: FIREMED ADMINISTRATIVE SERVICES CONTRACT WITH LIFE FLIGHT
NETWORK, LLC
ACTION
REQUESTED:
By motion:
• Authorize City Manager to sign a revenue contract with Life Flight
Network, LLC for FireMed administrative services.
ISSUE
STATEMENT:
Eugene Fire & EMS and Lane Rural Fire/Rescue are partners with Springfield
Fire & Life Safety, and Life Flight Network, LLC for marketing and advertising
the FireMed program. Life Flight is the program’s air ambulance provider.
ATTACHMENTS: 1. Life Flight Contract
DISCUSSION/
FINANCIAL
IMPACT:
The FireMed program partnered with Life Flight Network, LLC beginning in
May 2008 for provision of air ambulance services to FireMed members choosing
the FireMed Plus coverage. The original contract has expired. This is a new
agreement to continue to provide FireMed marketing, advertising, and
administrative services for Life Flight.
FireMed accomplishes its’ large marketing campaign by pooling resources from
FireMed agencies, clients, and Life Flight. Springfield provides program
administration and coordination, marketing, customer support, and data entry for
the City of Eugene, Lane Rural Fire/Rescue, and Life Flight Network.
Life Flight Network, LLC pays Springfield a proportionate share of advertising
and marketing expenses for FireMed to advertise and process Life Flight
memberships as part of our annual membership campaign. FY13 Life Flight
contribution was $99,397. For an additional $40 fee – the FireMed Plus option –
Life Flight provides air medical coverage for approximately 13,710 area
households. Life Flight membership costs have increased for FY14 to $45 per
household. Life Flight memberships have increased each year, with FY14
numbers expected to see a small increase.
AIS ATTACHMENT 1 FireMed Administrative Services Agreement - LFN
FIREMED ADMINISTRATIVE SERVICES AGREEMENT
(FireMed Ambulance Membership Program)
Contract #990
This Agreement is entered into by and between the City of Springfield, an Oregon municipal
corporation, acting by and through its Department of Fire and Life Safety, hereinafter referred to as
"Springfield" and Life Fight Network, LLC, an Oregon limited liability company hereinafter
referred to as "Life Flight."
RECITALS
1. FireMed services, also known as ambulance membership services for residents of Eugene,
Springfield, and Lane Rural Fire/Rescue ambulance service areas (the "ESL ASA”), and Life
Flight, offer potential advantages to the respective parties to this Agreement.
2. Springfield provides FireMed administrative and marketing services to Eugene Fire & EMS
and Lane Rural Fire/Rescue via intergovernmental agreement and is authorized to act on their
behalf.
3. Centralizing the administration of such services pools resources and reduces unnecessary
duplication of services.
4. Life Flight desires to purchase FireMed administrative and marketing services regarding
membership and membership renewal within ESL ASA on behalf of its air medical
membership program.
5. Springfield is willing to furnish FireMed administrative and marketing services within ESL
ASA to Life Flight according to the terms and conditions set forth herein.
6. This Agreement is exclusively for FireMed membership administrative and marketing services
within ESL ASA and does not address nor is intended as a warranty of the service level or
quality of ambulance and emergency medical services express or implied, as provided by the
parties to this Agreement.
7. By entering into this Agreement, Life Flight agrees that FireMed is the exclusive
. agent for advertising and marketing air medical membership within ESL ASA. Marketing a
stand-alone air medical membership is prohibited in this area. Life Flight agrees not to market
air medical membership in any form within ESL ASA for a period of one year following
termination of this Agreement.
AIS ATTACHMENT 1 FireMed Administrative Services Agreement - LFN
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and the covenants contained herein,
the parties hereby agree as follows:
1. Springfield Responsibilities. Springfield agrees to perform the services described in
Exhibit "A," which is attached hereto and made a part hereof. ·
2. Life Flight Obligations and Payment. Life Flight agrees to perform the obligations and pay
for the services performed by Springfield at the rate and in the manner described in Exhibit
"B" which is attached hereto and made a part hereof.
3. Duration. This Agreement will commence on July 1, 2013 (the "Commencement Date")
and expire June 30, 2015, unless earlier terminated in accordance with the provisions of the
Agreement or by mutual consent of the parties. The Agreement may be amended annually, to
extend the term stated herein, for not more than three (3) successive one-year periods, upon
mutual agreement of the parties. In addition, at the time of amendment, Springfield will set
the amount of the contract for the following term of the Agreement. In negotiating, any
extension Springfield shall consider the requirements of Springfield Municipal Code Section
2.708(3) and each extension shall not be effective until reviewed and approved by the Springfield
Common Council. Terms of renewal for each subsequent year will be decided by March 31 by
mutual agreement of FireMed and Life Flight.
4. Termination. If either party wishes to terminate this Agreement, that party must give
written notice to the other party's Contract Representative 30 days prior to the expiration of
the current term. In the event of a material breach, the non-breaching party shall give 90-
days written notice to the other party's Contract Representative. If, after 90 days, the
breaching party has not cured or has not undertaken and is not expeditiously proceeding to
cure, the non-breaching party is authorized to terminate this Agreement.
5. Obligations Upon Termination. Upon termination, subject to the requirements of
the Oregon Public Records Law, Springfield shall turn over all records and reports and net
revenues that relate solely to Life Flight's air medical membership program. Life Flight shall
reimburse Springfield for Life Flight's share (as determined in accordance with Exhibit "B"
item 5, Payment) of membership campaign expenditures and commitments made prior to the
date of termination of this Agreement.
6. Aircraft. Life Flight states they have contracted with FAA recognized air carrier operators -
Air Methods Corporation, and TriState CareFlight. These aviation operators are in
complete control and assume total responsibility for the ownership, maintenance, operation,
landing and takeoff of the aircraft. Springfield will have no involvement or responsibility for
any phase of this program involving Life Flight's aircraft. Each party assumes responsibility for
its own negligence involving injury or death of a patient. It is also agreed Life Flight is not
an agent, employee, or official of Springfield and operates as an independent contractor,
choosing the methods and supplying their own equipment necessary to perform the
transportation of sick or injured persons.
AIS ATTACHMENT 1 FireMed Administrative Services Agreement - LFN
7. Status. In providing the services specified in this Agreement (and any associated services)
Springfield is a public body and maintains public body status as specified in ORS 30.260 and
is subject to Oregon Public Records Law. The parties understand and acknowledge that
Springfield retains all immunities and privileges granted them by the Oregon Tort Claims Act
(ORS 30.260 through 30.300) and any and all other statutory rights granted as a result of
Springfield's status as a local public body.
8. Representatives. Each party shall appoint a Contract Representative to represent the party
for the purpose of extending or amending this Agreement and giving or receiving any notices
provided for in this Agreement and to perform such other functions as are set forth in this
Agreement and the Exhibits hereto. The Contract Representatives are named on Exhibit "C,"
which is attached hereto and made a part hereof. A party may change its Contract
Representative by notifying the other party in accordance with section 14.
9. Records Inspection. Upon 48 hours written notice and during the normal business day, a
party may inspect or audit the financial and management records of the other party limited to
and pertaining only to the services performed under this Agreement.
10. Compliance with Laws. Springfield agrees to provide the services described in
Exhibit "A" in conformance with all federal, state and local laws relating thereto.
11. Waiver and Modification. The conditions and provisions of this Agreement may be
modified by mutual consent of the parties. Any waiver of any condition or provision of this
Agreement or modification hereof shall not be effective unless it is in writing, signed by the
parties. Waiver of strict performance of any provision of this Agreement shall not be a
waiver of or prejudice to a party's right to require strict performance of the same provision or
of any other provision in the future.
12. Attorney's Fees. If any suit, action or an appeal thereon is instituted in connection
. with any controversy arising out of this Agreement, the prevailing party shall be entitled to
recover in addition to costs, the sum as the Court may adjudge reasonable as attorney's fees.
13. FireMed Assets. Use of the FireMed name, images, services, marketing and advertising
program and membership fees are under the sole and exclusive control of Springfield and
will be used only for the benefit of the Eugene, Springfield, and Lane Rural Fire/Rescue
ambulance systems.
14. Notices. Any notices permitted or required by this Agreement shall be deemed given when
personally delivered or one business day after deposit in the United States mail, postage fully
pre-paid, certified, return receipt requested, and addressed to the party designated in Exhibit C.
Any party may change its address by notice given to the other party in accordance with this
section.
15. Integration. This Agreement embodies the entire agreement of the parties. There are no
promises, terms, conditions, or obligations other than those contained herein. This
Agreement shall supersede all prior communications, representations, or agreements, either
oral or written, between the parties.
AIS ATTACHMENT 1 FireMed Administrative Services Agreement - LFN
16. Interpretation. This Agreement shall be governed by and interpreted in accordance with
the laws of the State of Oregon. The parties to this Agreement do not intend to confer on
any third party any rights under this Agreement.
17. Jurisdiction and Venue. All actions relating to this Agreement shall be tried before the
courts of the State of Oregon to the exclusion of all other courts that might have jurisdiction
apart from this provision. Venue in any action shall lie in the Circuit Court of Lane County,
Oregon.
18. Amendments. Each amendment to this Agreement is made a part of this Agreement as
though set forth fully herein. Any provision of an amendment that is in conflict with any
provision of this Agreement shall take precedence and supersede the conflicting provision
of this Agreement. ·
LIFE FLIGHT NETWORK, LLC: CITY OF SPRINGFIELD, OREGON:
____________________________________________ _______________________________________
Print or Type Name Print or Type Name
____________________________________________ _______________________________________
Title Title
____________________________________________ ______________________________________
Date Date
AIS ATTACHMENT 1 FireMed Administrative Services Agreement - LFN
EXHIBIT A
SPRINGFIELD SERVICES
Springfield agrees to perform the following services:
1. Oversee and carry out all marketing and advertising efforts within ESL ASA.
2. Oversee and carry out all media activities related to the FireMed Membership Program.
3. Maintain a FireMed membership administration and business office, including but not limited
to telephone, web-based, U.S. Postal Service, and walk-in sales, customer service, and data
processing.
4. Record all pertinent data regarding Life Flight members within ESL ASA on its
computer files.
5. Transfer all funds collected on behalf of Life Flight membership accounts, whether received
within the contract period or thereafter, on a monthly basis, to the appropriate party. Receipts
shall include all monies received by Springfield on account of Life Flight air medical
memberships, but excluding any sums overpaid by the customer that Springfield shall refund
to the customer.
6. Invoice Life Flight for their proportionate share of FireMed costs, as determined by the number
of Life Flight memberships as of December 31st each year and a cost per membership sold of
$7.25, for the period ending June 30, 2014. Springfield reserves the right to adjust the cost per
membership sold annually, as necessary, to cover program costs.
6. Provide to Life Flight the following reports and information:
A. Monthly report on Life Flight air medical membership fee receipts.
B. Membership information to include a list of the number of members per household
and the household member's name, address, and other pertinent information on
each subscriber.
C. A copy of the current campaign’s advertising and marketing plan for review and comment.
D. In the event Life Flight wishes additional reports or summaries regarding the services
provided, Springfield shall supply such reports upon written request by Life Flight and
with assurance it will pay for all Springfield's staff time utilized in the preparation of such
reports or summaries and for all associated costs, such as duplication, shipping, incurred in
providing such reports.
7. Have Springfield Contact Representative(s) meet with Life Flight representatives to discuss
problems and performance. Such meeting shall occur within five (5) days notice by Life Flight
representatives of a request to meet.
AIS ATTACHMENT 1 FireMed Administrative Services Agreement - LFN
8. Solicit and consider in good faith the advice and recommendations of Life Flight's representatives
in its development or alteration of advertising and marketing materials, ambulance membership
policies, procedures and forms. As part of the consultation process, Life Flight’s Contract
Representative(s) will be invited to attend a pre-campaign planning meeting where the Consortium
will jointly provide input and review goals for the upcoming years’ campaign plan.
AIS ATTACHMENT 1 FireMed Administrative Services Agreement - LFN
EXHIBIT B
LIFE FLIGHT PAYMENT AND OBLIGATIONS
Life Flight agrees to make payment and to perform as follows:
1. Maintain 24-hour, year-around coverage from the current base of operations location for the
term of this Agreement.
2. Cooperate in good faith with Springfield in its efforts to perform services described in
Exhibit A.
3. Forward copies of relevant and current policies of the Life Flight Membership Program
to Springfield, limited to those needed to provide accurate marketing and advertising
services and answer questions from prospective members.
4. Designate a single person in an administrative position to receive and evaluate all
complaints by the Life Flight's officials and employees regarding Springfield's
performance under this Agreement and share the information with the Contract
Representative in a timely manner.
5. Pay to Springfield a proportionate share of the annual membership campaign and ongoing
FireMed coordination costs. That proportionate share will be determined by the number of Life
Flight memberships as of December 31st each year and a cost per membership sold of $7.25, for
the period ending June 30, 2014. Life Flight will pay, in three installments, its proportionate
share of costs on April 1, May 1, and June 1 of each year based upon the total costs that
Springfield will incur for the campaign.
6. Life Flight will provide a helicopter for display at sites in the Eugene/Springfield service
area for the purposes of promoting the FireMed/Life Flight campaign, as pre-scheduled and
approved by Life Flight. Special emphasis and priority will be given to the campaign period
from April through June. Additional publicity events will be scheduled on an as-needed
basis as mutually agreed upon by the parties. Pre-scheduled publicity events are subject to
cancellation by Life Flight for reasons that include, but are not limited to weather,
maintenance, training, and aircraft availability.
7. Solicit and consider in good faith the advice and recommendations of Springfield's
representatives in Life Flights’ development or alteration of air medical membership
policies, procedures, and forms. ·
8. Offer to FireMed members an air medical membership option priced at $45.00 per year for
the period ending June 30, 2014. Any future rate increases will be communicated to
Springfield at least 3 months before the campaign start date each year to allow time
to revise advertising and marketing materials for the annual campaign.
AIS ATTACHMENT 1 FireMed Administrative Services Agreement - LFN
EXHIBIT C
REPRESENTATIVES
CONTRACT REPRESENTATIVES:
, Life Flight
Michael Griffiths, Executive Director
Life Flight Network, LLC
22285 Yellow Gate Lane, Suite 102
Aurora, OR 97002
(503) 678-4364
Springfield:
Randall B. Groves, Fire Chief
Springfield Department of Fire & Life Safety
225 Fifth Street
Springfield, OR 97477
(541) 726-3737