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HomeMy WebLinkAboutOrdinance No. 01-1318 CITY OF THE COLONY, TEXAS ORDINANCE NO. tQ/- /J / ~9 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH METROCREST MEDICAL SERVICES FOR PROVISION OF MEDICAL CONTROL TO THE FIRE DEPARTMENT; ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the City Manager of the City of The Colony, Texas is hereby authorized to execute on behalf of the City a contract with Metrocrest Medical Services for provision of medical control to the Fire Department. The approved form of contract is attached hereto as Exhibit "A", and made a part hereof for such purposes. SECTION 2. This Ordinance shall take effect immediately from and after its passage bythe City Council of the City of The Colony, Texas. DULY PASSED AND APPROVED by the City Council of the City of The Colony, Texas this 15th day of October 2001. APPROVED: Henville-Shannon, Mayor ATTEST: Patti A. Hicks, TRMC, City Secretary APPROVED AS TO FORM: Gor,.'~ikel, {~ity Atfomey MMS Medical Control Contract for City of The Colony, Texas Fire Department Page I THE STATE OF TEXAS) MEDICAL CONTROL CONTRACT COUNTY OF DALLAS) WHEREAS, The Colony, Texas (the "City") is a duly incorporated municipality pursuant to the laws of the State of Texas; and WHEREAS, the City provides Emergency Medical Service ("EMS") solely by and through its Fire Department; and WHEREAS, Metrocrest Medical Service ("MMS"), a nonprofit corporation organized pursuant to the laws of the State of Texas, is providing Medical Control to The Colony Fire Department EMS personnel; and WHEREAS, the City and MMS desire to enter into this Contract for the purpose of establishing the rights, duties, and responsibilities of The Colony Fire Department and MMS in providing Medical Control to the EMS personnel of the City, NOW, THEREFORE, for and in the consideration of the mutual promises and covenants herein contained and other good and valuable consideration, the City and MMS do hereby CONTRACT, COVENANT, WARRANT, AND AGREE as follows: I. GENERAL AGREEMENTS A. The City agrees that any personnel receiving Medical Control under this contract shall be certified by the Texas Department of Health and hold current EMS status. In addition, personnel shall be authorized by MMS, as specified in the appropriate MMS protocol and Medical Control policies. B. The City agrees, in writing, to provide to MMS a detailed description of its EMS District, including names, counties, towns, cities, or other areas. The City agrees to furnish other reports listed in attachment A. Upon request, additional reports will be furnished by the City to MMS. C. The City agrees to provide MMS with written permission to operate on the City's radio frequencies. Additionally, the City agrees to provide MMS with the frequency and PL/CTCSS information for radio channels used by the City's ambulance. The City will furnish and MMS agrees to abide by the City's rules/policies regarding radio usage. D. The City agrees that it will provide, maintain, and operate all necessary field, radio and associated equipment of the City in order to maintain communications with medical control during periods when such communication is necessary. Ambulance and staffing requirements are defined in attachment B. A:\COLONY'O89NEW.DOC MMS Medical Control Contract for City of The Colony, Texas Fire Department Page 2 E. The City and MMS agree that MMS's medical control policy and procedures manual, including any additions or deletions during the contract period, shall be incorporated as a part of this agreement. F. The City agrees that any use of MMS materials (i.e. Policies & Procedures, Protocols, evaluation forms, etc.) outside of its normal intended use will require permission from MMS prior to use. Outside the normal intended use includes, but is not limited to, use of materials as examples of continuous quality improvement used by the City for proposals, information reports, etc. G. All MMS documentation, Policies & Procedures, Protocols, and other materials used by the City remain the property of MMS, and must be returned should the contractual relationship between MMS and the City terminate. Completed run forms with quality improvement evaluations attached are exempt from being returned. The City agrees that any part which is kept by the City is considered part of the quality improvement process, and must remain confidential to the extent permitted by law. II. MEDICAL CONTROL A. MMS will provide Medical Control through a Medical Director and Emergency Department physicians, who are licensed to practice medicine in the State of Texas. B. The City recognizes that the Texas State Board of Medical Examiners EMS Chapter 197 (22 Texas Administrative Code 197), as amended (which regulations are incorporated herein and made a part hereof for all purposes), shall govern the obligations of the Medical Director in regard to Services provided, which includes, but is not limited to, the MMS Medical Control System authorization of all EMS personnel within the City. C. The Medical Director will provide pre hospital protocols, including standing orders for treatment of patients by the EMS personnel under his/her medical direction. D. MMS will make available an on-line medical control source, which will be available 24 hours a day, 7 days a week to provide medical direction and consultation to the City's EMS personnel. E. The City agrees to participate in, and follow the recommendations of, MMS's Quality Improvement (QI) Program. A:\COLONY'~19NEW.DOC MMS Medical Control Contract for City of The Colony, Texas Fire Department Page 3 F. The City agrees to appoint one supervisor to represent the City for the Quality Improvement Manager committee. This appointment is subject to approval of MMS. III. New Personnel A. The City agrees to report newly certified and/or new EMS personnel to MMS prior to permitting them to provide out of hospital care. The City also agrees to send one copy of each new EMS personnel's Texas Department of Health's EMS certification and, for paramedic-level personnel, a "current" (dated within 2 years of submission) Advanced Cardiac Life Support course completion card to MMS in order to receive authorization to provide patient care in the MMS Medical Control System. New EMS personnel who do not have a "current" ACLS course completion card will have until the end of the month in which the next scheduled MMS ACLS course occurs to send a copy of the ACLS completion card. All new EMS personnel will be issued a medical control number after MMS receives proper notification of new EMS personnel. The City agrees that personnel hired cannot provide patient care under the authority of the MMS Medical Control System until a medical control number has been issued. B. New personnel (including EMS dispatchers) will be required to successfully complete the MMS New Employee Training and Testing Course (NETTC) which will train and test skills and introduce policies and procedures utilized in the MMS Medical Control System. The new personnel will take a written exam covering the protocols applicable to the personnel's certification within the time frame established by the medical control policies. Successful completion of this exam will result in full protocol privileges up to the personnel's state certification level. A fee of $25.00 per ½ day will be charged for attendance to the NETTC class. C. There will be no charge for NETTC if the employee successfully completes the NETTC class during an MMS EMT or Paramedic course, and that the NETTC class completion is within the time fi.ames established by the applicable medical control policies. D. Individuals not completing the MMS NETTC class after being hired, may be subject to having their medical control authorization revoked, at the discretion of the Medical Director. IV. CONTINUING EDUCATION A. Personnel receiving Medical Control under this contract shall comply with the MMS CE requirements. MMS will provide Continuing Education ("CE") hours, which are approved by the Texas Department of Health for credit towards re-certification of the City's EMS personnel. The CE will also meet the educational needs of the City's EMS personnel as A:\COLONX~O89NEWDOC MMS Medical Control Contract for City of The Colony, Texas Fire Department Page 4 determined by the QI program. All EMS personnel CE records will be maintained by MMS. Other CE, which is pre-approved by MMS, will be accepted for record keeping by MMS. B. CE will be provided by MMS approved CE Instructors, under the direction of the Medical Control Services ("MCS") Manager, a Certified Course Coordinator, and the MMS Medical Director. CE evaluation forms will be available at all CE offerings to give EMS personnel the opportunity to provide MMS with feedback concerning the instructor and class. C. The CE provided by MMS will consist of lecture and practice on the skills required for certification. MMS will design the skills practice so that over a four-year re-certification period, all skills will be evaluated. D. Mandatory attendance by the City's EMS personnel is required and is covered in the appropriate policy. E. Missed CE can be made up (within 30 days of the missed CE offering) by successfully completing the CE makeup packet (provided by MMS's CE Coordinator) and passing the written exam covering the material. The appropriate amount of CE credit will be awarded upon successful completion of the makeup packet. Makeup CE offerings require an additional nominal fee. Unless previous arrangements are made with the MMS Director of Operations, the fee for the makeup CE offerings will be payable in advance. F. At the end of their individual state two year CE reporting period, upon request, all EMS personnel will be issued documentation from MMS which will substantiate the topics and number of CE hours associated with those topics that the EMS personnel has accrued through MMS. This documentation will serve as appropriate documentation of hours/topics for the State required two-year reporting period. G. MMS will not be financially responsible for testing EMS personnel who have missed the skills validation opportunity during scheduled CE classes. H. The City understands that MMS validates all skills required to function within the MMS MCS and for State re-certification within a four-year (State re-certification) period. The City also understands that State skills not tested within 180 days of re-certification will need to be validated prior to the individual being eligible for re-certification. MMS will, at the option of the City, validate the remaining skills at MMS offices at the current rates of $85.00 for EMT-Basic, $135.00 for EMT-Intermediate and $210.00 for EMT-Paramedic or after the conclusion of a CE module at $65.00 per hour. I. MMS is not responsible for fees required for the EMS personnel's re-certification (for the skills exam, written CE evaluation, and/or any other fees). State fees will be the sole A:\COLONIqgggNEW.DOC MMS Medical Control Contract for City of The Colony, Texas Fire Department Page 5 responsibility of the EMS personnel, City, or both (as defined by the City's own policies/procedures). J. MMS may, at their discretion, evaluate EMS personnel during emergency runs and may credit the personnel CE credit hours for those runs. Continuing education credit hours will be awarded based upon TDH rules in effect at the time of EMS personnel evaluation. K. Additional CE credit hours may be certified through MMS by attending outside courses or seminars approved in advance by MMS if required verification and/or course information is provided to MMS. L. MMS will provide the City, upon written request, with a regular report indicating individuals who are nearing their re-certification date. However, the information will be based upon data received from the City and MMS will not be responsible for errors. The City further understands the ultimate responsibility of EMS certification rests at the with the individual EMS personnel. M. The City will be responsible for notifying the MMS CE Coordinator of the need for CE reports, which will allow the City to complete the appropriate State required paperwork for that City's EMS personnel needing to re-certify. The responsibility for re-certification of the City's EMS personnel rests with the City. N. MMS will keep track of all CE hours accrued through MMS CE classes. MMS will also keep records of re-certification dates of all personnel. Responsibility for timely re- certification of the City's EMS personnel rests entirely with the City and the individual. V. COSTS A The costs for Medical Control and Continuing Education per month during this contract period will be: Period Medical Control Continuing Education Total Per Month 10/01-9/02 $1182.01 $552.77 $1734.78 10/02-9/03 $1241.11 $580.41 $1821.52 10/03-9/04 $1303.17 $609.43 $1912.60 Payment may be made on an annual, semiannual, quarterly, or monthly basis at the City's election. Payment shall be made on or in advance with the first payment due October 1, 2001. B. Three (3) 4 credit-hour Continuing Education classes will be scheduled and provided per month during the term of this contract. The cost for providing continuing education classes to the City is based upon $65.00 per class hour for up to ten students. The City A:\TCFD contract 01-04 doc MMS Medical Control Contract for City of The Colony, Texas Fire Department Page6 agrees to pay MMS $30.00 per class f,or the each additional group of ten students or fraction thereof` in any class. For example, a CE class of 35 or 40 would cost the City an additional $90.00 per class hour. Charges f,or additional instructors are payable in arrears Net 15 following receipt of invoice from MMS. C. If, during this Contract, any EMS personnel need additional CE hours or training as determined by the QI Program, the City must pay a fee to MMS of $65.00 per training hour (for up to 10 students in one class) or $87.00 (for 11-20 students in one class) provided by MMS to make up the deficiency. However, deficient training hours may also be made up through other sources of certified CE instruction, which is pre-approved by MMS. MMS will offer the necessary training to keep all EMS personnel currem in their CE requirements. D. Any increase in cost of providing services hereunder occasioned by changes in applicable laws or regulations from or after the date hereof` shall be paid by the City. The f,ees to be paid hereunder pertain to the scope of services to be provided hereunder, to-wit, medical control of a transport City and continuing education classes. Supplemental Service as defined below, fall outside the scope of services of this Contract, and are charged and to be paid as f,ollows: Medical Director $125.00 per hour Other MMS personnel $ 65.00 per hour Supplemental services are defined as: 1. Pre scheduled standby events at which medical control personnel are requested to be present by the City or required to be present by law 2. Consultations with the City, or on behalf of the City, beyond the normal and customary scope of medical control 3. Appearances and presentation on behalf of the City, beyond the normal and customary scope of medical control and, 4. The commitment of man-hours by MMS in excess of 120% of'those occasioned by providing normal and customary medical control (the "Standard") to the City. For purposes hereof, the standard is determined to be 37 hours per month. VI. INDEMNIFICATION A. The City agrees to indemnify MMS against and hold MMS harmless from any and all actions, damages, injuries, claims, lawsuits, judgments, or causes of action of any nature alleged or sustained by any person arising out of or occasioned negligent acts of the City, its agents or employees, in the execution and performance of this contract. B. MMS agrees to indemnify the City against and hold the harmless from any and all actions, damages, injuries, claims, lawsuits, judgments or causes of action of any nature alleged or sustained by any person arising out of or occasioned negligent acts of the MMS, its agents or employees, in the execution and performance of this contract. A:\COLON Y'~9~gNEW. DOC MMS Medical Control Contract for City of The Colony, Texas Fire Department Page 7 VII. LIABILITY/WORKERS COMPENSATION A. Each party, at its own cost and expense, shall maintain in full force and effect a policy of general liability, workers compensation and professional liability insurance, protecting itself and its employees against any claim for damages arising by reason of personal injury or death occasioned directly or indirectly in connection with the performance of its Service including those Services which are provided pursuant to this Contract. VIII. TERM of CONTRACT A. Subject to the annual appropriation of funds by the City for the payment of this Contract, the term of this Contract shall be for thirty-six (36) months, commencing at 12:01 a.m. on October 1, 2001 and terminate at midnight, September 30, 2004. B. Either party may initiate a decision regarding possible renewal or re-negotiation of this Contract or any extension thereof} which shall be made at least six (6) months prior to the scheduled termination date of the subject term, unless otherwise agreed in writing by both parties. C. This Contract may be terminated by either party by giving written notice of such termination without cause to the other party. This Contract shall then terminate ninety (90) days at, er such notice has been received. MMS shall refund a portion of the prepaid fees on a pro-rata basis calculated from the termination date. D. Should MMS fail to provide the contracted services to the City for a period of 60 days (excluding any scheduled period of inactivity), this contract will be considered in default and may be terminated immediately by the City. E. Should payment by the City to MMS fall behind 60 days from date due, this contract will be considered in default and may be terminated immediately by MMS. F. Except as otherwise provided herein, whenever this Contract requires or permits any consent, approval, notice, request, or demand from one party to the other, the consent, approval, notice, request or demand must be in writing to be effective and shall be deemed to have been given-when personally delivered to the party to be notified or on the second business day after it is enclosed in an envelope, addressed to the party to be notified at the address set forth below (or at such address as may have been designated by written notice), properly stamped, sealed, and deposited in the United States mail, certified mail, return receipt requested. The address of each party for purposes hereof is as follows: A:\COLONYLO89NEW,DOC MMS Medical Control Contract for City of The Colony, Texas Fire Department Page 8 MMS: Metrocrest Medical Services, Inc. City: City of The Colony Attn.: Director of Operations Attn.: Chief Van Morrison 14940 Venture Drive 4900 Blair Oaks Blvd. Dallas, Texas 75234-2447 The Colony, TX 75056 Venue for any action under this Contract shall be in Dallas County, Texas. EXECUTED this the I ~ day of ~)0,._3-~ T'~ r(. ,2001. The Colony: Signature Printed name and Title Metrocrest Medical Services, Inc. Chris Cothes Medical Control Manager A:\TCFD contract 01-04 doc MMS Medical Control Contract for City of The Colony, Texas Fire Department Page 9 ATTACHMENT A The following reports shall be submitted to MMS: A. A monthly activity report in written format, (format provided by MMS), with the following information: 1. Number, type of calls and disposition 2. Number of BLS and ALS incidents 3. Other information determined necessary by the City or MMS B. A copy of each Incident Report shall be forwarded to MMS for review. To be included must be all incident reports where there is no patient transported or found to exist. This form must include type, date, time and personnel responding to incident. C. A copy of each person's current ACLS completion card or training rooster and EMS certification for every EMS personnel working in the MMS Medical Control System for the city of The Colony's Fire Department. D. Monthly Controlled Substance Safe logs, Controlled Substance Use forms, apparatus narcotic accountability logs for each vehicle carrying morphine sulfate and/or Valium, and DEA 222 forms. MMS must receive original, not copy of form. E. A current personnel roster, including the following information: 1. Personnel names 2. TDH certification level 3. Station or post assignment 4. Shift assignment The City will also provide MMS with a revised Personnel Data Form whenever changes are made to field/dispatch staff. F. Information on all EMS personnel, to include: 1. Name 2. Social security number 3. Date of birth 4. Correct address 5. Correct phone number A:\COLONY~9~gNEW.DOC MMS Medical Control Contract for City of The Colony, Texas Fire Department Page 10 ATTACHMENT B A. The City agrees that all vehicles used to transport the sick and injured will at all times while being used to provide out of hospital patient care, meet current Texas Department of Health standards including equipment and staffing, as well as the equipment and supplies listed in the MMS protocols carded on that particular vehicle. B. The City shall allow and make available at any time, vehicles or equipment for review and inspection by MMS, including non-transport vehicles. C. The City shall allow observation of performance, evaluation and participation during runs or other on-site visits as deemed necessary by MMS staffand/or by the Medical Director. D. The City will notify MMS in writing when, and the results of, TDH vehicle inspections. A~\COLONYLa89NEW. DOC