HomeMy WebLinkAbout1533 Agreement Kansas City Missouri Emergency Services BILL NO. 2017-031 ORDINANCE NO.
AN ORDINANCE APPROVING AN AGREEMENT WITH THE CITY OF KANSAS CITY,
MISSOURI RELATING TO EMERGENCY SERVICES
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE,
MISSOURI AS FOLLOWS:
1. That the Riverside Board of Aldermen ('Board") hereby approves the Agreement for
Fire Department Emergency Services by and between the City of Riverside and the City
of Kansas City, Missouri, in substantially the form attached hereto, and the Mayor is
authorized to execute the Agreement.
2. The Mayor, the City Administrator, the City Attorney and other appropriate City officials
are hereby authorized to take any and all actions as may be deemed necessary or
convenient to carry out and comply with the intent of this Ordinance and to execute and
deliver for and on behalf of the City all certificates, instruments, agreements and other
documents, as may be necessary or convenient to perform all matters herein authorized.
3. This Ordinance shall be in full force and effect from and after its passage and
approval.
BE IT REMBERED that the above was read two times by heading only, PASSED AND
APPROVED by a majority of4he Board f Aldermen and APPROVED by the Mayor of
the City of Riverside this /82day of 2017.
MaKr Kathleen L. Rose
j4I;TEST. °
Robin fCSncaid, CIty,CIbrk
AGREEMENT TO PROVIDE ADVANCED
LIFE SUPPORT AMBULANCE SERVICE
THIS AGREEMENT,made effective May 1,2017,by and between KANSAS
CITY, MISSOURI, a municipal corporation(hereinafter the "CITY"), and RIVERSIDE,
MISSOURI (hereinafter "Riverside").
RIVERSIDE is a Missouri political subdivision in proximity to the CITY and
desires to secure from the CITY advanced life support ambulance transport services. The
CITY has the equipment and personnel to render such service and is willing to do so
pursuant to Missouri law authorizing political subdivisions of the state to enter into
mutual agreements providing such services for specified fees.
THEREFORE,IT IS MUTUALLY AGREED, for and in consideration of the
fee to be paid for advanced life support ambulance transport services, and in
consideration of mutual agreements between the CITY and RIVERSIDE,that:
1) The CITY agrees to provide advanced life support ambulance transport services,
which are defined as an ambulance unit equipped to deliver advanced life support
services and staffed by at least two licensed emergency medical technicians, at
least one of whom will be certified and licensed by the State of Missouri as an
advanced life support provider and granted privileges in the KCFD system by the
CITY's medical director.
2) RIVERSIDE agrees that the CITY shall be the exclusive authorized response
entity for advanced life support ambulance transport services, provided however,
that RIVERSIDE may,in its sole discretion, direct dispatch of an air ambulance
provider if it determines that such use is warranted. If an air unit is requested,the
KCFD provider assuming care of the patient may, at his or her sole discretion,
cancel such unit and proceed with ground transport. No liability for the dispatch
of an air unit or its cancellation shall accrue to KCFD.
3) All parties agree to manage incident scenes accordingly to NIMS protocols.
Primary patient care will be initiated by the first arriving qualified provider.
Responsibility for patient care initiated by Riverside will be transferred to the
City's paramedic on arrival,with Riverside personnel continuing to assist as
needed or requested. Riverside personnel, if requested, will assist with providing
care during transport under the direction of the transport paramedic."
4) The area to be provided advanced life support ambulance transport services by the
CITY shall be that territory lying within the boundaries of RIVERSIDE as
appears in Exhibit "A" attached hereto and incorporated herein.
5) The term of this agreement is twelve months,beginning May 1, 2017 to April 30,
2018, subject to the provisions and cancellation clause appearing herein. In the
interests of public safety the CITY may continue to provide services after the
expiration of this agreement for the purpose of avoiding an interruption in such
services while a new agreement is being prepared or negotiated.
6) CITY is authorized to bill for and collect fees for advanced life support
ambulance transport services in accordance with its established rates,which shall
accrue solely to CITY.
7) RIVERSIDE agrees that, in addition to those fees, it will provide an annual
subsidy to offset that portion of the cost of providing service and readiness not
covered by fees collected.
8) The fee for the term of this agreement, established on the basis of previous year
costs to CITY for services provided within RIVERSIDE less revenues realized
through billing activity, shall be$90,930.00. The aforesaid annual fee shall be
payable in monthly installments of$7,577.50 by RIVERSIDE to the City.
9) Advanced life support ambulance services shall be initiated when the authorized
communications center for RIVERSIDE transfers the call to the KCFD
Communications for medical call taking and assignment, or when the authorized
communications center for RIVERSIDE communicates the address of the call and
the request for ambulance response.
10) KCFD Communications Center will assign and dispatch advanced life support
ambulance resources in accordance with Medical Priority Dispatch System
determinants and priorities established for the KCFD system.
11) RIVERSIDE agrees to obtain and maintain,throughout the term of this
agreement, insurance coverages for general liability and automobile liability
insurance, identifying the CITY as an additional insured. Said insurance shall
provide the CITY liability coverage in the sum of not less than One Million and
no/100 Dollars($1,000,000.00) single limit coverage to defend and indemnify the
CITY,its agents, officials, officers and employees against claims for injuries,
death, loss or damage to persons or property, including attorney's fees and costs,
caused by negligent acts and omissions and arising directly or indirectly from the
furnishing of advanced life support ambulance transport services in accordance
with this Agreement.
12) CITY agrees that it will comply with all applicable state and federal laws and
regulations governing the provision of advanced life support ambulance transport
services, which includes that all ambulances dispatched to RIVERSIDE shall
conform to Missouri Department of Health& Senior Services specifications and
regulations.
13) Except as may otherwise be provided in the existing Emergency Medical Services
Memorandum of Understanding between the parties, all equipment used by the
CITY in carrying out this Agreement, at the time of acting hereunder,will be
owned by or be under the control of the CITY, and all personnel providing
advanced life support ambulance services hereunder shall be employees or
volunteers of CITY.
14) RIVERSIDE understands and agrees that it shall not exercise any control over the
professional aspects of providing advanced life support ambulance transport
services, which control and direction shall be the sole responsibility of CITY.
15) It is recognized that the interests herein are mutual and the contract is entered into
for the common good of the general public of both political subdivisions,party
hereto, and for a strictly governmental purpose. This agreement may be modified
at any time,in any respect,by the mutual agreement of the parties in writing.
16) CITY shall not assign or transfer this Agreement without prior written approval of
RIVERSIDE.
17) The provisions of this Agreement shall not be deemed to create any third party
benefit hereunder for any member of the public or to authorize any one,not a
party hereto,to maintain suit pursuant to the terms of this Agreement.
18) This agreement may be canceled by either party, such cancellation becoming
effective sixty(60)days after posting with the United States Postal Service,
postage prepaid, a written Notice of Termination to the other party, signatory to
this Agreement. As of the effective date of cancellation any unused portion of
prepaid fees shall be refunded or any fees earned but not yet paid shall be
promptly remitted
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED
FOUR(4) COUNTERPARTS of this agreement the day and year first written above.
MICHELLE L.HARDIMAN
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ATT T- CNMW ""N"I"A 12410941 CITY OF KANSAS CITY, MISSOURI
Cwadum 7.2020
4RAa111�0u` By-?GX' _ b A
Paul J. Berardi, Chief
Fire Department
ATTE$T: Q CITY OF RIVERSIDE, MISSOURI
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By:
' kathleen L. Rose
Mayor
t• \
Approved as to form and legality:
Assistant City Attornt
Kansas City,Misso
CITY OF
RIVERSIDE
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INVOICE
MISSOURI PUBLIC ENTITY RISK MANAGEMENT FUND
3425 Constitution Court,3rd Floor
P.O. Box 7110
Jefferson City MO 65102
(888)566-7376 Fax(573)751-8276 Date Invoice Number
12-1-2016 130718
Account Number Policy Number
1002 LP-1002-201701
Invoice To:
CITY OF RIVERSIDE
2950 NW VIVION RD TERMS DUE UPON RECEIPT
RIVERSIDE MO 64150 PLEASE REMIT PAYMENT TO:
MOPERM
3425 Constitution Court,3rd Floor
P.O. Box 7110
Jefferson City MO 65102
Description Amount
Auto Physical Damage(Fleet) $16,618.00
Automobile Liability,(Fleet) $13,264.00
General Liability $12,993.00
Employment Practices Liability $22,826.00
Errors&Omissions Liability $2,098.00
Law Enforcement Liability $21,384.00
Healthca_ re Malppra $2,240.00
Cyber nformation Breach Coverage $800.00
TOTAL AMOUNT DUE $92,223.00
AfopEmm
MISSOURI PUBLIC ENTITY RISK MANAGEMENT FUND
MEMORANDUM
OF
COVERAGE
CONTENTS
I. WHAT MOPERM PAYS.................................................................................................................................1
11. MOPERM'S LIMIT OF LIABILITY...............................................................................................................................1
III. WHO IS A COVERED PARTY....................................................................................................................................2
IV. WHAT MOPERM WILL NOT COVER(EXCLUSIONS)..............................................................................................2
V. WORDS AND PHRASES WITH SPECIAL MEANING................................................................................................5
VI. CONDITIONS.............................................................................................................................................................7
M 9W(Rsv.1.17)
MISSOURI PUBLIC ENTITY RISK MANAGEMENT FUND
MEMORANDUM OF COVERAGE
1. WHAT MOPERM PAYS
A. COVERAGE
1. Coverage for the Member Agency for claims on causes of action established by Missouri Law. For claims on
causes of action established by Missouri Law, MOPERM will pay on behalt of the Member Agency the ultimate not
loss which the Member Agency shall become legally obligated to pay by reason of liability arising out of:
a. Injuries directly resulting from the negligent acts or omissions by public employees arising out of the operation of
motorized vehicles within the course of their employment;
b. Injuries caused by the condition of a public entity s property if the plaintiff establishes that the property was in
dangerous condition at the time of the injury, that the injury directly resulted from the dangerous condition,that the
dangerous condition created a reasonably foreseeable risk of harm of the kind of injury which was incurred,and that
either a negligent or wrongful act or omission of an employee of the public entity within the course of his
employment created the dangerous condition or a public entity had actual or constructive notice of the dangerous
condition in sufficient time prior to the injury to have taken measures to protect against the dangerous condition,as
more fully set forth in Section 537.600.1(2), RSMo.
2. Coverage for Member Agency for claims on causes of action other than those established by Missouri Law;and
coverage for public officials and employees. For claims against the Member Agency on causes of action other
than those established by Missouri Law and for claims against public officials and employees, MOPERM will pay the
ultimate net loss which the Covered Party shall become legally obligated to pay by reason of liability for damages
because of Automobile Liability, General Liability, Employment Practices Liability, Law Enforcement Liability,
Public Officials Errors and Omissions Liability, and Healthcare Malpractice Liability, to which this memorandum
applies,caused by or arising out of an occurrence.
B. DEFENSE
On matters covered by this memorandum, MOPERM shall have the right and duty to defend any auk against the Covered
Party, even if any allegations are groundless, false or fraudulent MOPERM may make such investigation, negotiation or
settlement of any daim or suit as it deems expedient MOPERM shall not be obligated to pay any claim or judgment or to
defend any auk after MOPERM's limit of liability has been exhausted.
Nothing contained in this section, or the balance of this document, shall be construed to broaden the liability of the Member
Agency beyond the provisions of Sections 537.600 to 537.610, RSMo, nor to abolish or waive any defense at law which might
otherwise be available to the Member Agency or its officers and employees.
11. MOPERM'S LIMIT OF LIABILITY
Regardless of the number of(1) covered parties under the memorandum, (2) persons or organizations who sustain injury or
damage, or(3)claims made or suits brought,MOPERM's liability for the ultimate net loss:
1. Under Section I.A.I.shall not exceed the maximum amount provided for by Section 537.610, RSMo;and,
2. Under Section 1.A.2. shall not exceed $2,000,000 for any one occurrence arising out of bodily Injury, property
damage,public officials errors and omissions,or any combination thereof.
While a covered automobile is away from the state where it is licensed, MOPERM will provide the minimum amounts and
types of other coverages, such as "No-Fauft," required of outof-state vehicles by the jurisdiction where the automobile is
being used. MOPERM will not pay anyone more than once for the same elements of loss because of this extension but in no
event to exceed the maximum amount provided for in Section 537.610,RSMa,for any one occurrence.
IS. WHO IS A COVERED PARTY?
Each of the following is a Covered Party,to the extent set forth below.
A The Member Agency named in the declarations.
B. Any elected or appointed official of the Member Agency while acting (1)within the course and scope of their duties,and(2)
in furtherance of the official pursuits of the Member Agency.
1 MMPg 1-17i
C. Any member of Boards or Commissions of the Member Agency while acting(1)within the course and scope of their duties,
and(2)in furtherance of the official pursuits of the Member Agency.
D. Any employee or authorized volunteer of the Member Agency while acting(1)within the course and scope of their duties,
and(2)in furtherance of the official pursuits of the Member Agency.
E. Any person while using an owned, non-owned or hired automobile and any person legally responsible for the use
thereof, provided the actual use of the automobile is (1)within the course of employment, and (2) in furtherance of the
official pursuits of the Member Agency. The coverage extended by this Section E shall not apply:
1. To any person or organization, or to any agent or employee thereof, engaged in selling, repairing, servicing,
delivering, testing, road testing, parking or storing automobiles, with respect to any occurrence arising out of any
such occupation;or
2. With respect to any hired automobiles, to the owner or a lessee thereof other than the Member Agency, or to any
agent or employee of such owner or lessee.
F. Any person or organization to whom or to which the Member Agency is obligated by virtue of a written contract to provide
coverage such as is afforded by this agreement but only with respect to operations performed by or on behalf of the
Member Agency or facilities owned or used by the Member Agency.
IV. WHAT MOPERM WILL NOT COVER(EXCLUSIONS)
This memorandum does not apply:
A. To liability arising out of the ownership,maintenance,use or operation of any airfield or similar aviation facility.
B. To liability arising out of the ownership, maintenance, loading, unloading, use, or entrustment to others of owned, non-
owned or hired aircraft
C. To liability arising out of the ownership, maintenance, loading, unloading, use, or entrustment to others of owned, non-
owned or hired watercraft
1. Any watercraft owned or operated by or rented or loaned to any Covered Party;
2. Any other watercraft operated by any person in the course of his employment by any Covered Party;
but this exclusion does not apply to watercraft while ashore on premises owned by, rented to or controlled by the
Covered Party nor to watercraft under 26 feet in length.
D. To any obligation for which the Covered Party, or any carrier as insurer therefor, may be held liable under any workers'
compensation,unemployment compensation or disability benefits law or under any similar law.
E. To liability for bodily injury to any employee, elected or appointed official, members of any Boards or Commissions, or
authorized volunteer of the Covered Party in connection with his or her duties for the Covered Party, except with
respect to liability of others assumed by the Covered Party under contract.
F. To liability of any employee, elected or appointed official, members of any Boards or Commissions, or authorized
volunteer with respect to bodily Injury of another employee, elected or appointed official, members of any Boards or
Commissions, or authorized volunteer.
G. To liability for property damage to:
1. Property owned or operated by the Covered Party;
2. Property rented to or leased to the Covered Party where the Covered Party has assumed liability under contract for
damage to or destruction of such property, unless the Covered Party would have been liable in the absence of such
contract;
3. Aircraft in the care,custody or control of the Covered Party;and
4. Property of others in the care, custody or control of the Covered Party.
H. To any liability arising out of pollution,including but not limited to:
2 seogrev.r-r>t
1. Investigation, settlement or defense of any threatened, actual or alleged claim, suit, damage or injury of any kind
arising out of the actual, alleged or threatened discharge,exposure to, release or escape of pollutants anywhere in the
world.
2. Loss, cost or expense arising out of any governmental direction or request that the Covered Party test for, monitor,
dean up,remove,contain,treat,detoxify or neutralize the pollutants.
3. Any loss, cost or expense incurred by a governmental entity or other third party including the cost of investigation,
monitoring and attomeys' fees, relating to activities in connection with efforts to teat for, monitor, dean up, remove,
contain,trace,detoxify or neutralize pollutants.
Pollutants means any solid, liquid, gaseous or thermal contaminants, irritants or toxic substances including smoke,
vapor, soot, fumes,adds, alkalis, air contaminants, minerals, metals, chemicals,waste and particulates including asbestos.
Waste includes materials to be recycled, reconditioned or reclaimed.
1. To liability arising out of or in connection with the operation of a hospital, clinic or established health care facility
owned or operated by a Member Agency due to:
1. The rendering of or failure to render.
a. Medical,surgical, dental, x-ray, nursing service or treatrnent, or the furnishing of food or beverages in connection
therewith.
b. Any treatment or service conducive to health or of a professional nature.
c. Any cosmetic or tonsorial service or treatment.
2. The furnishing of or dispensing of drugs or medical,dental or surgical supplies or appliances.
This exclusion shall not apply to ambulance service personnel or to registered nurses, licensed practical nurses, nurses'
aides, emergency medical technicians, or paramedics directly employed by the Member Agency as specifically
designated in the declarations and while acting (1)within the course and scope of their duties for,and (2)in furtherance of
the official pursuits of,said designated Member Agency.
J. To claims against those who are independent contractors of the Member Agency, its officers or employees. However,this
exclusion shall not apply to Member Agencies ading as independent contractors.
K. To claims for loss or damage arising out of or in connection with:
1. The principles of eminent domain, proceedings to condemn property or inverse condemnation by whatever name
regardless of whether such claims are made directly against the Covered Party or by virtue of any agreement
entered into by or on behalf of the Covered Party.
2. Any action, claim, or proceeding arising out of or involving zoning or land use, whether: 1) an administrative
proceeding; 2) judicial review of an administrative decision Including but not limited to a challenge to a statute,
ordinance, regulation, procedure or decision on any grounds; or 3) an action seeking damages or any monetary
recovery of any sort, including but not limited to attorney's fees, court costs and expenses, regardless of the legal
theory or cause of action asserted.
L. To past salary or wages due because of unlawful discrimination,violation of civil rights or wrongful termination.
M. To punitive and exemplary damages, damages for aggravating circumstances, fines or penalties threatened or imposed for
violation of any civil or criminal statute,administrative regulation or county or municipal ordinance.
N. To all losses, including penalties, fines, attorneys' fees and expenses assessed and/or incurred, resulting from or arising
out of violations of the statutes or Constitution of the State of Missouri or county or municipal ordinances.
O. To all claims or losses, including fines, forfeitures, penalties, attorneys' fees and expenses incurred and/or assessed,
resulting or arising from charges brought by infor mabon or indictment alleging violations of(1)State or Federal criminal law,
or(2) county or municipal ordinance defining,or imposing a penalty for,a felony,misdemeanor or infraction.
P. To claims for fines,attomeys'fees and costs arising out of the enforcement provisions of Chapter 610, RSMo.
O. To proceedings for removal or impeachment from office or any Board or Commission; or for the determination of
qualifications for office or of election contests; or for professional disciplinary action brought by a person,board,commission
or other person or entity empowered by law to do so.
3 MogRft 1-17)
R. To claims against any Member Agency, officer, employee, Board or Commission member of a Member Agency
which were brought by or rendered in favor of that same Member Agency or officers, employees, Board or Commission
members of that some Member Agency,acting in an official capacity.
S. To injunctive relief or relief other than monetary damages.
T. To claims for attorneys'fees, costs,expenses, or nominal damages arising from claims that otherwise seek injunctive relief
or relief other than monetary damages.
U. To claims or suits arising out of failure to effect or maintain proper insurance or bonds or to comply with the provisions of
insurance contracts,policies or bonds.
V. To all losses, including penalties, fines, attorneys'fees and expenses, resulting from or arising out of violations or claimed
violations of the Fair Labor Standards Act or similar state statutes or local ordinances.
W. To damages resulting from the refunding, levying, collecting or disbursement of taxes,fees or assessments or the failure to
refund,levy,tolled or disburse any tax,fee or assessment
X. To liability of a Covered Party (a) arising in whole or in part out of a Covered Party's obtaining remuneration or
financial gain to which the Covered Party was nut legally entitled or (b) arising out of the willful violation of the penal
code or ordinance committed by or with the knowledge or consent of any Covered Party.
Y. To liability arising out of any bidding process, estimates of probable cost or cost estimates being exceeded or faulty
preparation of bid specifications or plans including engineering or architectural plans.
Z. To failure to perform,breach of or arising out of any breach of a contractual obligation whether oral or in writing.
AA. To liability imposed under the Employee Retirement Income Security Act of 1974 or any law mandatory thereof or any
similar law or liability arising out of fiduciary activities as respects employee benefit plans.
BB. To claims resulting from or arising out of the proposed or actual increase of utility rates.
CC. To liability:
1. With respect to which a Covered Party under the memorandum is also a Covered Parry under a nuclear energy
liability policy issued by Mutual Atomic Energy Liability Underwriters, American Nuclear Insurers, Nuclear Insurance
Association of Canada or any successor organizations, or would be a Covered Party under any such policy but for its
termination upon exhaustion of its limit of liability;or
2. Resulting from the hazardous properties of nuclear material and with respect to which (a) any person or
organization is required to maintain financial protection pursuant to the Atomic Energy Ad of 1954, or any law
amendatory thereof or (b) the Covered Party is, or had this memorandum not been issued would be, entitled to
indemnity from the United States of America or any agency thereof, under any agreement entered into by the United
States of America or any agency thereof,with any person or organization;or
3. Resulting from hazardous properties of nuclear material,if:
a. The nuclear material (t) is at any nuclear facility owned by, or operated by or on behalf of a Covered Party or(I!)
has been discharged or dispersed therefrom;or
b. The nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed,
stored,transported or disposed of by or on behalf of a Covered Parry;or
c. The bodily Injury or property damage arises out of the furnishing by a Covered Party of services, materials,
parts of equipment in connection with the planning, construction, maintenance, operation or use of any nuclear
facility, but if such facility is located within the United States of America, its territories or possessions, or Canada,
this exclusion c.applies only to property damage to such nuclear facility and any property thereat
As used in this exclusion:
a. "Hazardous properties"include radioactive,toxic or explosive properties;
b. "Nuclear material"means source material,special nuclear material,or by-product material;
c. "Source material", "special nuclear material" and "by-product material" have the meaning given them in the
Atomic Energy Act of 1954 or in any law amendatory thereof;
4 MGWRev.1-17)
d. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to
radiation in a nuclear reactor,
e. "Waste"means any waste material (i) containing by-product material and (h) resulting from the operation by any
person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (f)(i)
or(ii)hereof,
f. "Nuclear facility" means: (1) any nuclear reactor, (ii) any equipment or device designed or used for (as)
separating the isotopes of uranium or plutonium,(bb)processing or utilizing spent fuel or(oc)handling, processing
or packaging waste; (iii)any equipment or device used for the processing,fabricating or alloying of special nuclear
material if at any time the total amount of such material in the custody of the Covered Party at the premises where
such equipment or device is located consists of or contains more than 25 grams of uranium m235; (iv) any
structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste; and (v)
incudes the site on which any of the foregoing is located, all operations conducted on such site, and all premises
used for such operation;
g. "Nuclear reactor' means any apparatus designed or used to sustain nuclear fission in a self-supporting chain
reaction or to contain a critical mass of fissionable material;
h. "Property damage"incudes all fors of radioactive contamination of property.
DD. To liability caused directly or indirectly by, arising out of or resulting from oral or written publication of material,if done by or
at the direction of the Member Agency with knowledge of its falsity.
EE. To liability caused directly or indirectly by, arising out of or resulting from fungi or bacteria of any type regardless of the
cause of the growth,proliferation or accretion.
FF. To liability arising out of the ownership,maintenance,use or operation of any railroad yard,track,facility or equipment,other
than trolley, streetcar, and similar 'street railroad" (as the ter 'street railroad" is defined by Sedan 380.020, RSMo)
equipment and facilities for public use in the providing of local public transportation service upon the roads, streets,
highways and public places in or adjacent to a Member Agency.
GG. To liability arising out of the ownership, maintenance, use or operation of, loading, unloading, or entrustment to others of
owned,non-owned, or hired trains or other railroad equipment.
HH. To liability for Bodily Injury or Property Damage resulting from an act which is a violation of State or Federal criminal law,
or county or municipal ordinance defining,or imposing a penalty for,a felony, misdemeanor or infraction, committed by any
Covered Party. This exclusion applies even if (1)such Covered Party lacks the mental capacity to for intent; (2)such
Bodily Injury or Property Damage is of a different kind or degree than expected or intended;or(3)such Bodily Injury or
Property Damage is sustained by a different person,or persons,other than expected or intended.
This exclusion applies whether or not the Covered Party is charged or convicted of a violation of State or Federal
criminal law,County or Municipal Ordinance.
ll. To liability of any Law Enforcement officer or school protection officer of the Member Agency with arrest or detention
authority who has not completed all applicable training,licensure and other requirements determined applicable to that Law
Enforcement officer or school protection officer by the Peace Officer Standards & Training Commission, established
pursuant to Section 590.120, RSMo.
JJ. To liability resulting from or arising out of the activities of any law enforcement officers making use of a canine in connection
with the execution of the officers official duties that has not completed appropriate training relating to use of service dogs in
law enforcement
KK. To liability resulting from or arising out of daycare operations that are required,but fail,to be appropriately licensed.
LL. To liability resulting from or arising out of a fireworks display not directly supervised by a qualified pyroteehnician.
MM. To liability resulting from or arising out of the activities of any wrongful ad or omission by a Covered Party,which results in
Bodily Injury or Property Damage which is reasonably expected or intended by the Covered Party.
V. WORDS AND PHRASES WITH SPECIAL MEANING
As used in this Memorandum of Coverage, the Memorandum of Coverage Declarations and all Fors and Endorsements
annexed to the Memorandum of Coverage,the following words and phrases shall mean:
Aircraft means a vehicle designed for the transport of persons or property primarily in the air, provided, however, that an
5 MWDPUV.1.1n
unmanned aircraft of a total weight of 55 pounds or less operated by a Member Agency or by a Covered Party on behalf of a
Member Agency(1) In furtherance of the official pursuits of the Member Agency; and (2)within the course and scope of the
Covered Party's duties; and (3) in compliance with all applicable federal, state and local statutes, rules, regulations and
ordinances;shall not be construed to be an°aircraft for purposes of this Memorandum of Coverage.
Automobile means a land motor vehicle or trailer licensed for highway use.
Automobile Liability means liability for bodily Injury or property damage that results from the negligent acts or omissions by a
Covered Party arising out of the operation of an automobile within the course and scope of the Covered Party's duties.
Authorized Volunteer means an individual who renders any service at the direction of and directly for the benefit of the
Member Agency (as designated in the Declarations) without expectation of receiving a wage or salary, and shall include
unpaid officers and Board or Commission members of any Member Agency.
Bodily Injury means physical injury, sickness, disease, disability or death sustained by a person and includes any resulting
mental injury,emotional distress,shock or loss of services.
Covered Party means any person or entity set forth in Section III of this memorandum.
Defense costa means all fees and expense caused by and relating to the adjustment, investigation, defense or litigation of a
claim including attomeys'fees,court costs and interest on judgments accruing after entry of judgment. Defense costs shall not
include the office expenses of the Covered Party or the salaries of employees or officials of any Covered Party.
Employee means an individual who receives wages or salary directly from the Member Agency (as designated in the
Declarations)for work performed at the direction of and directly for the benefit of the Member Agency.
Employment Practices Liability means liability claimed by or on behalf of an Employes or former Employee of a Member
Agency or an applicant for employment by a Member Agency resulting from violation of the Employee's,former Employee's,
or applicant's legal right(s)as an Employee or former Employee of,or applicant for employment by,the Member Agency.
Fungi means any type or form of fungus, including mold or mildew, and any mycotoxins, spores, scents or by-products
produced or released by fungi.
General Liability means liability that results from any claim or cause of action described in Section I.A.2 of this Memorandum of
Coverage, INCLUDING claims or causes of action not subject to the foregoing Exclusions for(a) libel, slander or defamation of
character, (b) invasion of privacy; (c)wrongful entry or eviction, or other invasion of the right of private occupancy; (d)assault
and battery;and(e)discrimination prohibited by law or violation of federal civil rights laws; but which are not claims or causes of
action for liability specifically defined by this Memorandum of Coverage as Automobile Liability, Employment Practices
Liability,Law Enforcement liability,Healthcare Malpractice Liability,or Public Officials Errors and Omissions Liability.
Healthcare Malpractice Liability means liability of a registered nurse, licensed practical nurse, nurses' aide, emergency
medical technician, paramedic or ambulance service personnel, but not liability of the Member Agency, for bodily Injury or
property damage resulting from the improper, unskilled, or negligent care or treatment of a patient by the registered nurse,
licensed practical nurse, nurses' aide, emergency medical technician, paramedic or ambulance service personnel, directly
employed by the Member Agency as specifically designated in the declarations and while acting (1)within the course and
scope of their duties for said designated Member Agency,and(2)in furtherance of the official pursuits of the Member Agency.
Hired automobile means an automobile used under contract on behalf of or loaned to the Member Agency provided such
automobile is not owned by or registered in the name of(1) the Member Agency or (2) an employee or servant of the
Member Agency.
Law Enforcement Liability means liability that results from an act while conducting any official activity or operation(s) of(1)a
Member Agency's police department, sheriff agency or other public safety organization that enforces the law and protects
persons and/or property from breaches of the law,or(2)a Member Agency that is a school district that has designated one or
more school protection officers,while acting pursuant to the requirements of Section 160.665, RSMo.
Member Agency means the local public agency designated in the declarations and shall not include any other entity or
agency under which said designated Member Agency may do business unless specifically included in the declarations.
MOPERM means the Missouri Public Entity Risk Management Fund.
Non-owned automobile means an automobile not owned by or registered in the name of, hired by, leased or rented by, or
loaned to the Member Agency.
Occurrence means an accident during the coverage period, or an event that first occurs during the coverage period, or
continuous, intermittent or repeated exposure to conditions that commence during the coverage period, any of which accidents,
events or exposures causes Bodily Injury or Property Damage neither expected nor intended by the Covered Party. All
6 M9W RW 1.17)
bodily Injuries or property damages arising out of continuous or repeated exposure to substantially the same genera(
condition shall be considered as arising out of one Occurrence. Bodily Injury or Property Damage that results from an act
that is intended by the Covered Party to cause Bodily Injury or Property Damage is not an injury or damage that is neither
expected nor intended.
Owned Automobile means an automobile owned by or under a lease of 30 days or more to the Member Agency.
Property Damage means (a) physical injury to or destruction of tangible property, including the loss of use thereof at any
time, or(b)loss of use of tangible property which has not been physically injured or destroyed.
Public Officials Errors and Omissions Liability means liability that occurs as a remit of a breach of duty by the Covered
Party resulting from the Covered Party's actual or perceived negligent action or inaction, mistake, misstatement, error,
neglect, inadvertence or omission by the Covered Party in the course and scope of the Covered Party'a duties with the
Member Agency;but does not include(1)Bodily Injury or Property Damage that results from an act that is intended by the
Covered Party to cause Bodily Injury or Property Damage;or(2)claim by a Member Agency against a Covered Party who
is an official or an employee of the Member Agency.
Ultimate Net Loss means the sum actually paid or payable in cash in the settlement or satisfaction of losses, for which the
Covered Party is liable either by (1) adjudication or (2) compromise with the written consent of MOPERM, after making
proper deduction for all recoveries and salvages collectible. Ultimate Not Loss does not include Defense Costs. MOPERM's
obligation to pay any Ultimate Not Loss shall under no circumstances exceed the amount of INOPERM's Limit of Liability.
Use of an automobile includes the loading and unloading thereof.
Watercraft means a vehicle designed for the transport of persons or property primarily in or on water.
V1. CONDITIONS
A. Coverage Dependent on Application/Payment for,and Extension of,Coverage. Coverage for any liability provided by
this Memorandum of Coverage shall be subject to and conditioned upon (1) application by the Member Agency for
coverage of that particular liability; (2) agreement by MOPERM to extend coverage for that specific liability to the Member
Agency; and (3)payment by or on behalf of the Member Agency(or entry by the Member Agency and MOPERM into a
payment agreement prior to the Occurrence) for coverage of that specific liability of the full contribution assessed by
MOPERM for that coverage.
B. DeposWAdjustment. All deposits and retrospective adjustments in connection with this Memorandum of Coverage shall
be computed in accordance with the rating plans developed by MOPERM.
C. Inspection and Audit. MOPERM shall be permitted but not obligated to inspect the Member Agency's property and
operations at any time. MOPERM may examine and audit the Member Agency's books and records at any time prior to
cessation of the Member Agency's financial obligations under MOPERM's rating plan.
D. Covered Party's Duties in the Event of Occurrence,Claim or Suit.
1. In the event of an occurrence, written notice containing particulars sufficient to identify the Covered Party and also
reasonably obtainable information With respect to the time, place and circumstances thereof, and the names and
addresses of the injured and of available witnesses,shall be given by or for the Covered Party to MOPERM or any of
its authorized agents as soon as practicable.
2. If claim is made or suit brought against the Covered Party, the Covered Party shall immediately forward to
MOPERM every demand,notice,summons or process received.
3. The Covered Party shall cooperate with MOPERM and, upon MOPERM's request,assist in making settlements,in the
conduct of suits and in enforcing any right of contribution or indemnity against any person or organization who may be
liable to the Covered Party because of injury or damage with respect to which coverage is afforded under this
memorandum; and the Covered Party shall attend hearings and trials and assist in securing and giving evidence and
obtaining the attendance of witnesses. The Covered Party shall not, except at the Covered Party's cost,voluntarily
make payment,assume any obligation or incur any expense other than for first aid or damage mitigation.
4. MOPERM shall not be liable for occurrences, suits or claims in which the Member Agency fails to comply with this
Subsection C.
E. Action Against MOPERM. No action shall lie against MOPERM unless, as a condition precedent thereto, there shall
have been full compliance with all of the terms of this memorandum,nor until the amount of the Covered Party's obligation
to pay shall have been finally determined either by judgment against the Covered Pally after actual trial or by written
agreement of the Covered Party,the claimant and MOPERM.
7 MOWM r.1.17)
Any person or organization or the legal representative thereof who has secured such judgment or written agreement
shall thereafter be entitled to recover under this memorandum to the extent of the coverage afforded by this memorandum.
No person or organization shall have any right under this memorandum to join MOPERM as a party to any action against
Covered Party to determine the Covered Partys liability, nor shall MOPERM be impleaded by the Covered Party or
the Covered Party's legal representative. Bankruptcy or insolvency of the Covered Party or of the Covered Party's
estate shall not relieve MOPERM of any of its obligations hereunder.
F. Other Coverage. The coverage afforded in this memorandum shall be excess of and not contribute with any other valid and
collectible coverage,other than any excess or umbrella coverage procured by MOPERM or the Member Agency.
G. Multiple Coverage Pertods. An occurrence with a duration of more than one coverage period shall be treated as a single
occurrence arising during the coverage period when the occurrence begins.
H. Subrogation. In the event of any payment under this memorandum, MOPERM shall be subrogated to all the Covered Party's
rights of recovering therefor against any person or organization and the Covered Party shall execute and deliver
instruments and papers and do whatever else is necessary to secure such rights. The Covered Party shall do nothing after
loss to prejudice such rights.
I. Withdrawal/Cancellatlon. MOPERM may cancel the Member Agency's participation in MOPERM for non-payment of any
contribution, assessment, deposit, retrospective adjustment or any other receivable, whether in whole or part, with 10 days'
advance written notice.
J. Changes. This memorandum shall not be changed except by written endorsement hereto.
K. Increase In Hazard. Unless otherwise provided in writing added hereto,MOPERM shall not be liable for loss occurring while
hazards are increased by any means within the control or knowledge of the Member Agency.
L. Assessments. If contributions received by MOPERM in any year do not produce sufficient funds to pay claims which are due
for that year, the Member Agency shall be subject to an assessment. This condition shall also apply to any Member
Agency who has withdrawn from MOPERM but was a Member Agency during any portion of the year for which the
assessment is required.
M. Refunds. If contributions received by MOPERM in any fiscal year produce an ending balance exceeding projected needs
and adequate reserves, the Member Agency may, at the discretion of the Board of Trustees, be paid a refund.
8 M9000 v.147)
Richard Gist, Ph.D.
Principal Assistant to the Fire Chief
Fire Headquarters Office: 816.784.9242
635 Woodland-Suite 2100 Mobile: 817.719.4411
Kansas City,Missouri 64106 Page: 816.989.8741
richard-gist@kcmo.org Fax: 816.784.9230
April 8, 2017
Greg Mills, City Administrator
City of Riverside
2950 NW Vivion Road
Riverside,MO 64150
Dear Mr. Mills:
KCFD is pleased to provide you the enclosed contract for advanced life support ambulance
services for the year 2017-2018. The pricing of the contract remains unchanged from last
year. Please execute all four copies enclosed and return to us for processing and signatures. A
copy of a recent map and an insurance certificate for the required coverages specified in the
contract,showing active coverage throughout the contract period,will be required for
processing.
Sincerely yours,
VVq V
Richard Gist,Ph.D.
Principal Assistant to the Fire Chief