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HomeMy WebLinkAboutItem 03 Approval of FireMed IGA with City of Eugene (' 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 Page 1 of 8 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 Page 2 of 8 . 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 \ . ~...\::! ~,,~ 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 Page 4 of 8 . 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 Page 5 of 8 148 149 150 , 151 1.52 153 154 155 156 157 158 159 160 161 162 17163 172 . 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 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 Page 6 of 8 202 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 P~e7~8 ' 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 .' FireMed Administrative Services Intergovernmental Contract - 2007-2008 Page 8 of 8 C:IDOCUME-1INETWAREILOCALS-1ITEMPIEUGENEFIREMED IGA-2007-08 FINALDOC