HomeMy WebLinkAboutItem 03 Approval of FireMed IGA with City of Eugene
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AGENDA ITEM SUMMARY
Meeting Date:
Meeting Type:
Department:
Staff Contact:
November 26, 2007
Regular Session
Fire & Life Safety
Dennis Murphy
Bart Noll
726-3737
Consent Calendar
S P R I N G F IE L D
CITY COUNCIL
Staff Phone No:
Estimated Time:
ITEM TITLE:
APPROVAL OF FIREMED IGA WITH CITY OF EUGENE
ACTION
REQUESTED:
Approve Intergovernmental agreement with the City of Eugene, Fire &
EMS Department for Springfield to provide FireMed Ambulance
Membership Program administrative services, with Eugene contributing
$185,000 to the FireMed program this fiscal year.
ISSUE
STATEMENT:
Springfield administers the FireMed Ambulance Membership Program of
Eugene Fire & EMS, Lane Rural Fire/Rescue, and Springfield Fire & Life
Safety. This IGA is for administrative services delivered by Springfield
Fire & Life Safety, and payment by Eugene of $185,000 for its share of
expenses, for the FireMed program for FY08. The FireMed Membership
Policy Committee, comprised of representatives of the three member
agencies, advises FireMed staff in Springfield.
ATTACHMENTS:
A. FireMed Administrative Services Intergovernmental Agreement
DISCUSSIONI
FINANCIAL
IMPACT:
FireMed's strengths are the efficiencies gained by administering a
program for three agencies in one office, and the large marketing effort
afforded by pooling resources among FireMed agencies. By avoiding
duplication of many administrative functions, a larger share of resources
are available to effectively market memberships. In addition, FireMed has
secured a contribution from REACH Air Medical, Inc. again this year. With
the combined resources of the three governmental agencies and REACH,
FireMed will mount a $330,000 campaign to market ground and air
ambulance memberships to residents of the three ambulance service
areas. In 2007 the campaign reversed five years of membership losses
and earned a combined $1.7 million for the four membership programs,
including $550,000 in Springfield.
1 FIREMED ADMINISTRATIVE SERVICES INTERGOVERNMENTAL AGREEMENT
2 ,(FireMed Ambulance Membership Program)
3
4 This Agreement is entered into by and between the City of Eugene, an Oregon municipal corporation, on
5 behalf of its ambulance serVice, hereinafter referred to as "Eugene," and the City of Springfield, an Oregon
6 municipal corporation, acting by and through its Department of Fire and Life Safety, hereinafter referred to
7 as "Springfield."
8
9 RECITALS
10 1. FireMed services, also known as Ambulance Membership Services for residents of the respective
11 ambulance service areas of Eugene and Springfield, offer potential advantages to the respective
12 parties to this agreement.
13 2. Centralizing the administration of such services pools resources and reduces unnecessary duplication
14 of services,
15 3. Springfield is willing to furnish FireMed administrative services, according to the terms and conditions
16 set forth herein.
17 4. Springfield currently provides FireMed administrative services to Lane Rural Fire/Rescue under a
18 separate Intergovernmental Agreement
19 AGREEMENT
20 ,
21 NOW, THEREFORE, in consideration of the above recitals and the covenants contained herein, the
22 parties hereby agree as follows:
23
24 1. Sprin~field Responsibilities. Springfield agrees to perform the administrative services of the
25 FireMed agreement between Springfield and Eugene as described on Exhibit "A," which is attached
26 hereto and made a part hereof.
27 2. EUQene Responsibilities. Eugene agrees to perform the administrative services and obligations,
28 and pay for the services of the FireMed agreement performed by Springfield at the rate and in the ..
29 manner described in Exhibit "B" which is attached hereto and made a part hereof.
30 3. Duration. This agreement will commence on November 26, 2007, and continue to June 30, 2008,
31 unless terminated as provided herein.
32 4. Termination. Either party may terminate this agreement with 30-days written notice to the other
33 party's Contract Representative.
34 5. Obli~ations Upon Termination. Upon termination, Springfield shall turn over all records and reports
35 that relate solely to Eugene's FireMed memberships. If Eugene terminates this agreement, Eugene
36 shall reimburse Springfield for Eugene's share (as determined in accordance with Exhibit "B" item 4:
37 Payment) of membership campaign expenditures and commitments made prior to the written
38 notification of its intent to terminate this agreement.
39 6. Status. In providing the services specified in this agreement (and any associated services) the
40 parties are public bodies and maintain their public body status as specified in ORS 30.260. The
41 parties understand and acknowledge that each retains all immunities and privileges granted them by
42 the Oregon Tort Claims Act (ORS 30.260 through 30.295) and any and all other statutory rights
43 granted as a result of their status as local public bodies.
44 7. Representatives. Each party shall appoint a Contract Representative to represent the party for the
45 purpose of extending or amending this Agreement and giving or receiving any notices provided for in
46 this Agreement and to perform such other functions as are set forth in this Agreement and the Exhibits
47 hereto. The Contract Representatives are named on Exhibit "C," which is attached hereto and made
48 a part hereof. A party may change its Contract Representative by notifying the other parties in
49 accordance with paragraph 16.
FireMed Administrative Services Intergovernmental Contract - 2007-2008
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50 8. Records Inspection. Upon 48 hours written notice and during the normal business day, a party may
51 inspect or audit the financial and management records of the other party pertaining to the services
52 performed under this agreement.
53 9. Indemnification. To the extent allowed by the Oregon Constitution and the Oregon Revised Statutes,
54 each of the parties hereto agrees to defend, indemnify, and save the other harmless from any claims, ,
55 liability or damages including attorney fees arising out of any error, omission or act of negligence on
56 the part of the indemnifying party, its officers, agents, or employees in the performance of this
57 agreement.
58 10. Compliance with Laws. Springfield agrees to provide the services described in Exhibit "A" in
59 conformance with all federal, state and local laws relating thereto. '
60 11. Waiver and Modification. The conditions and provisions of this agreement may be modified by
61 mutual consent of the parties. Any waiver of any condition or provision of this agreement or
62 modification hereof shall not be effective unless it is in writing, signed by the parties. Waiver of strict
63 performance of any provision of this agreement shall not be a waiver of or prejudice to a party's right
64 to require strict performance of the same provision or of any other provision in the future,
65 12. FireMed Membership Policy Committee. The FireMed Membership Policy Committee (FMPC) will
66 consist of six members, two selected from each agency: Eugene, Springfield, and Lane Rural
67 Fire/Rescue. The FMPC shall provide advice to Springfield regarding implementation of FireMed
68 Ambulance Membership services. The FMPC will review substantive FireMed policy matters involving
69 budgeting, membership, and staffing. If the FMPC cannot reach agreement, it will forward the issue to
70 the Eugene, Springfield, and Lane Rural Fire/Rescue Fire Chiefs for resolution. Exhibit "0" is the full
71 description of the EMPC.
72 13. Attorney's Fees. If any suit, action or an appeal thereon is instituted in connection with any
73 controversy arising out of this agreement, the prevailing party shall be entitled to recover, in addition to
74 costs, the sum as the Court may adjudge reasonable, as attorney's fees.
75 14. FireMed Assets. The FireMed name, program, services, and membership fees will be used only for
76 the benefit of the existing ambulance system, except that Springfield may offer similar services to
77 other ambulance providers, under separate contracts, and retain all proceeds from such agreements.
78 15. Rate Adiustments. Any adjustment to the FireMed membership rate will be by mutual consent.
79 16. Notices. Any notices permitted or required by this agreement shall be deemed given when personally
80 delivered or one business day after deposit in the United States mail, postage fully pre-paid, certified,
81 return receipt requested, and addressed to the party designated in Exhibit C. Either party may change
82 its address by notice given to the other party in accordance with this paragraph.
83 17. Inteqration. This agreement embodies the entire agreement of the parties. There are no promises,
84 terms, conditions, or obligations other than those contained herein. This agreement shall supersede
85 all prior communications, representations, or agreements, either oral or written, between the parties;
86 18. Interpretation. This agreement shall be governed by and interpreted in accordance with the laws of
87 the State of Oregon. The parties to this agreement do not intend to confer on any third party any
88 rights under this contract.
89 19. Jurisdiction and Venue. All actions relating to this agreement shall be tried before the courts of the
90 State of Oregon to the exclusion of all other courts that might have jurisdiction apart from this
, 91 . provision. Venue in any action shall lie in the Circuit Court of Lane County, Oregon.
92 20. Amendments. Each amendment to this agreement is made a part of this agreement as though set
93 forth fully herein. Any provision of an amendment that is in conflict with any provision of this
94 agreement shall take precedence and supersede the conflicting provision of this agreement.
FireMed Administrative Services Intergovernmental Contract - 2007-2008
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CITY OF EUGENE, OREGON:
Authorized Representative
Print or Type Name
Title
Date
CITY OF SPRINGFIELD, OREGON:
Authorized Representative
Print or Type Name
Title
Date
REVIEWED 1& APPROVED
A~ TO FORM \ .
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DATE: l\" _:l",Q'\ ()-i
OFfIGg OF (ilrY' ATTORNEY
FireMed Administrative Services Intergovernmental Contract - 2007-2008
Page 3 of 8
95 EXHIBIT "A"
96
97 SPRINGFIELD SERVICES
98
99 Springfield agrees to perform the following services for the partnership between Eugene and Springfield:
100 1. Perform staff function for the FireMed Membe rship Policy Committee (FMPC) consisting of preparing
101 and distributing agendas, minutes, notifications of meetings, records, reports, and evaluations of
102 FireMed membership activities.
103 2. Oversee the marketing and advertising efforts of the FireMed Membership Program.
104 3. Oversee any activities of contractors related to the FireMed Membership Program.
105 4. Maintain a FireMed membership administration and business office.
106 5. For memberships received August 1 through March 31, record all pertinent data regarding FireMed
107 members on its computer files, or to Eugene files as appropriate. If Springfield and Eugene use
108 separate data systems, Eugene will acquire and maintain its own system at its own expense, including
109 any systems or processes needed for Springfield to enter data to the Eugene system.
110 6. Fb
111 Pip>,
112, Receipts shall include all monies received by Springfield for ambulance
,113 membership service on behalf of Eugen~,~ute~cludin an sums over ..ai9.b the custorTl~r.tha~
114Se,r,i<~~fi~L9..;.Q.aU refu nd to the customer ", '~[!Q {i"" . ',~~S!nQ~fi
115 gIi1I.ir:1!;m@!<:l!i~H~l < ate, Have Springfield
116 < Contract Representative(s) meet with Eugene Contract Representative(s) to discuss problems and
117 performance. Such meeting shall occur within five (5) days' notice by either party's Representative of
118 a request to meet. '
119 7. ,Solicit in good faith the advice and recommendations of Eugene representatives and have the FMPC
120 finalize decisions in the development or alteration of ambulance membership policies.
FireMed Administrative Services Intergovernmental Contract - 2007-2008
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121 EXHIBIT "B"
122
123 EUGENE PAYMENT AND OBLIGATIONS
124
125 Eugene agrees to make paymentand to perform as follows:
126 1. Cooperate in good faith with Springfield in its efforts to perform services described in Exhibit "A."
127 2. ". Forward copies of all business regarding administration or policies of the FireMed Membership
128 Program to Springfield.
129 3. Designate a single person in an administrative position to receive and evaluate all complaints by
130 Eugene officials and employees regarding Springfield's performance under this agreement and share
131 the information with the appropriate Springfield Representative in a timely manner.
132 4. Pay to Springfield a flat fee of$185,OOO by December 31,2007.
133 5. Consider, for future years, payment of a proportionate share of FireMed Program expenses, as done
134 in previous years. Proportionate share is the proportion of an agency's members of the total program's
135 members, applied to the total costs of operating the FireMed program. Totals are determined based
136 on membership as of the last day of August following the campaign. Renewals count in determining
137 the proportionate share.
138 6. Solicit in good faith the advice and recommendations of Springfield representatives and have the
139 FMPC finalize decisions regarding ambulance membership policies in a timely manner.
140 7.
141 '
142 8.
143
144
145
14~
147
Enter data and process payments and refunds for all Eugene members, to include collection ofNSF
checks, and refunds, for memberships received from April 1 through July 31.
Provide monthly reports, by the 10th of the following month, of all.Eugene membership data. The
report shall be in the form of an Excel spreadsheet or other data type easily converted by Springfield
to an Excel spreadsheet. The report shall consist of all memberships and all data related to that
membership. If Eugene elects, it may convey to Springfield compiled summaries in place of the raw
data. The compiled summaries will be as specified by Springfield, and as compiled by Springfield from
Springfield and Lane Rural membership data.
FireMed Administrative Services Intergovernmental Contract - 2007-2008
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CONTRACT REPRESENTATIVES:
Eugene:
Randy Groves, Fire Chief
Eugene Fire and EMS Department
1705 West Second Avenue
Eugene OR 97402
682-7111
EXHIBIT "C"
. REPRESENTATIVES
164 Springfield:
165
166 Dennis Murphy, Fire Chief
167 Springfield Department of Fire & Life Safety
168 225 Fifth Street
,169 Springfield OR 97477
170 726-3737
Eugene:
FIREMED MEMBERSHIP POLICY COMMI TTEE (FMPC):
Randy Groves, Fire Chief
Denise Giard, Deputy Chief of Admin Services
Eugene Fire and EMS Department
1705 West Second Avenue
Eugene OR 97402
682-7100
Lane Rural:
Dale Borland, Fire Chief
Bill Bass, Project Chief
Lane Rural Fire/Rescue
29999 Hallet Street
Eugene, OR 97402-9619
541-688-1770 ext. 508
193 Springfield:
194
195 Brian Evanoff, Administrative Services Bureau
196 Manager
197 Bart Noll, Senior Management Analyst
198 Springfield Department of Fire & Life Safety
,199 225 Fifth Street
200 Springfield OR 97477
201 726-3737
FireMed Administrative Services Intergovernmental Contract - 2007-2008
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202 EXHIBIT "0"
203
204 FireMed Membership Policy Committee
205
206 Guidelines
207
208 The FireMed Membership Policy Committee (FMPC) sets membership policy for the FireMed program of
209 Eugene Fire & EMS, Lane Rural Fire/Rescue, and Springfield Fire & Life Safety. The FMPC includes two
210 representatives of each of the partner agencies, each agency an equal partner in all matters coming
211 before the FMPC. The FMPC will conduct all activities within the requirements of the Intergovernmental
212 Agreements (IGAs) between the respective partners.
213
214 Objective
215 FMPC will clearly define the benefits and responsibilities of FireMed members. The objective of the
216 FireMed program is to maximize the number of FireMed members to achieve maximum net revenue with
217 . an acceptable cost per membership. The FMPC will clearly define the restrictions on FireMed staff in
218 working to achieve these objectives. .
219
220 Membership \
221 Each FireMed agency will appoint two individuals to the FMPC. A quorum will be: A) at least one member
222 of each partner, or B) four mem bers total. Each partner will have two votes regardless of the number of
223 members attending. .
224
225 Decision Making
226 Decision-making will be by consensus of the group. All members must agree to a decision to achieve
227 consensus. The FMPC will note the concern of individual members regarding a decision, if desired. If the
228 committee cannot achieve consensus, the FMPC will forward the issue to the Chiefs of the three agencies
229 to consider as a group. The Chiefs will decide by majority vote. The joint decision of the Chiefs will be
230 binding on the FMPC.
231
232 FMPC Matters
233 The FMPC will make policy-level decisions about the following FireMed items:
234 Budget
235 FireMed Membership Policies
236 FireMed Membership Terms of Agreement
237 Staffing
238 Sponsorships and other business partnerships
239
240 Staff Function
241 Springfield Fire & Life Safety will provide the staff function for the FMPC. Staff functions include:
242 Schedule meetings
243 Prepare agendas,
244 Chair meetings
245 Write and distribute meeting minutes or summaries
246 Maintain a business office, including a point of contact for:
247 Members
248 Potential members
249 Contractual partners
250 " Potential contractual partners
. 251 News media
252 Prepare reports to FMPC
253 All other functions included in the FireMed Intergovernmental Agreement
254
255 Meetings
256 Staff will schedule meetings as necessary for FMPC to conduct its function. FireMed staff will circulate an
257 agenda to members for review and contribution.
258
259 Meetings will be limited during the annual campaign season, January through June, to allow staff to focus
260 on the tasks related to the campaign. The committee will decide policy and budget matters before then for
261 that year. Staff will prepare a meeting summary and distribute it to FMPC members for review and
262 acceptance.
FireMed Administrative Services Intergovernmental Contract - 2007-2008
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263
264 Any FMPC member may call a FMPC meeting with two weeks notice to staff, or sooner in the case of an
265 emergency, by contacting staff and informing them of the topics for discussion. Staff will schedule the
266 meeting as near to the requested date as members are available to achieve a quorum.
267
268 Reports
269 Staff will prepare monthly reports of enrollment during the campaign to keep FMPC members current on
270 campaign results. Staff will also prepare ad hoc reports to inform FMPC members of other significant
271 developments in the program. Reports may take theform of emails, emailed documents, hard-copy
272 . documents, and/or v.erbal presentations. '
273 .'
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