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HomeMy WebLinkAbout2006-028 - Payment to Metropolitan Ambulance Services Trust.~ . ,,,, ,- BILL N0.2006- `~~ ORDINANCE N0.2006- ~~ AN ORDINANCE AUTHORIZING THE EXPENDITURE OF $115,000 OUT OF THE GENERAL FUND TO METROPOLITAN AMBULANCE SERVICES TRUST (MAST) TO PROVIDE CONTINUING AMBULANCE SERVICES TO THE RESIDENTS OF THE CITY OF RIVERSIDE WHEREAS, Metropolitan Ambulance Services Trust ("MAST") has provided ambulance and wheelchair van service to residents of the City for many years; and WHEREAS, since at least 2002, MAST has incurred significant losses in providing services to residents of the City, as well as other areas; and WHEREAS, in order for MAST to continue to provide services to the residents of the City, MAST must receive at least $115,000 for the cost of services for the next twelve (12) months; and WHEREAS, the City has adequate funds to pay for the cost of ambulance and wheelchair van services from MAST for the next twelve (12) months; and WHEREAS, the City anticipates that it will have adequate annual revenues to pay for ambulance and wheelchair van services in the future; and WHEREAS, the Mayor Pro Tem and Board of Aldermen determine that it would be in the best interests of the citizens of the City of Riverside for the City to provide ambulance and wheelchair van services by payment from the general fund. NOW, THEREFORE, be it ordained by the Board of Aldennen of the City of Riverside, Missouri, as follows: Section 1. The City of Riverside shall enter into an Agreement to Provide Paramedic Ambulance and Wheelchair Van Services, to be substantially in the form attached hereto as Exhibit A, (the "Agreement"). Section 2. The execution and delivery of the Agreement, with such additions and modifications necessary to complete the same, is approved, and the Mayor Pro Tem is authorized to execute the Agreement and to take such other actions reasonably necessary to carry out the intent of this Ordinance on behalf of the City, the execution of the Agreement being conclusive evidence of such approval. .. 1. .. 11 I„ .. l T r 1 4 y Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. Passed this j "'"day of March, 2006. yor Pro Tem ATTEST: ty Clerk 1 ~ ~. , ,~ l AGREEMENT TO PROVIDE PARAMEDIC AMBULANCE SERVICES This AGREEMENT TO PROVIDE~~~~~~1)IC AMBULANCE SERVICES (hereinafter referred to as "Agreement") is made this , f2, day of iiGG (C~~((,, 2006, by and between Metropolitan Ambulance Services Trust (hereinafter referred to as "MAST") and the City of Riverside (hereinafter referred to as "City"). WITNESSETH: WHEREAS, City has determined that the services of MAST are necessary for the general welfare and safety of the inhabitants of said City and City has the authority to enter into contracts to provide paramedic ambulance services to its inhabitants and has adopted the appropriate ordinances and taken such action as required to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, it is hereby understood and ageed as follows: 1.1 Agreement to Provide Paramedic Ambulance Services. MAST shall furnish all emergency and non- emergency ambulance services (hereinafter referred to as "Paramedic Ambulance Services") on behalf of City for all such services that originate within the City 1.2 Term and Termination. Unless earlier terminated as hereinafter provided, this Agreement shall become effective as of March 15, 2006 ("Effective Date") and shall terminate on March 14, 2007 (the "Termination Date") and shall automatically renew for successive one year terms. Unless otherwise prohibited by applicable law, either MAST or City may give thirty days' written notice of its intention to terminate this Agreement. 1.3 Compensation. The primary financial compensation for MAST for Paramedic Ambulance Services rendered under this Agreement shall be from funds received by MAST for service billings and collections, including but not limited to, billings to insurance companies, Medicare, Medicaid and individuals who receive services under this Agreement. MAST shall be solely responsible for assessing, billing and collecting all costs and payments associated with Paramedic Ambulance Services provided by MAST under this Agreement. MAST shall be entitled to implemerrt its prepaid membership program to residents of City and entitled to retain such prepaid membership fees as a part of its compensation. 1.4 Annual Subsidv. MAST is agreeable to providing Paramedic Ambulance Services to City under this Agreement only if City pays its proportionate share of operating the MAST system. Therefore, in addition to the compensation set forth in section 1.3 of this Agreement and in consideration of the Paramedic Ambulance Services provided by MAST pursuant to this Agreemen, the City shall pay to MAST an annual subsidy (the "Subsidy") payable in equal monthly installments due on the first day of the month. For the first Comxact Year, beginning March 15, 2006, and ending on March 14, 2007, the Subsidy shall be in the amount of One hundred and fifteen thousand, one hundred and eighty-five dollars and fifty-two cents ($115,185.52). For each subsequent Contract Year, the Subsidy shall be calculated based on MAST operating expenses allocated to the City based on the volume of ambulance responses into the City CC 1215319v3 1, .. ,~ ~, .. ~ T. compazed with total ambulance responses for the system less the revenue collected by MAST for services provided in the City. Independent Contractor Status. In the performance of this Agreement it is understood and agreed that MAST is at all times acting and performing as an independent contractor with, and not as an employee, joint venturer, agent, or lessee, of City. City shall not exercise any control or direction over the professional aspects of providing Paramedic Ambulance Services, which control and direction shall be the sole responsibility of MAST. 1.6 Exclusivity. In consideration for providing Paramedic Ambulance Services in accordance with the terms described herein, City shall utilize MAST exclusively for the performance of Paramedic Ambulance Services and MAST shall be entitled to be the exclusive provider of all Pazamedic Ambulance Services originating within the City. 1.7 ~m~liance with Applicable Laws and Re la, ,uu tions. MAST agrees that it will comply with all applicable federal and state laws and regulations governing the provision of Paramedic Ambulance Services. 1.8 Notice. Any notice required to be given pursuant to the terms and provisions of this Agreement shall be in writing and may be either personally delivered or sent by registered or certified mail in the United States Postal Service, Return Receipt Requested, postage prepaid, addressed to each party at the addresses listed. 1.9 Governing Law. The laws of the State of Missouri shall govern the validity, construction, interpretation, and effect of this Agreement. 1.10 Con~lete Bement. This Agreemel supersedes all prior negotiations and agreements between the parties hereto relative to the transaction contemplated by this Agreement, which contains the entire understanding of the parties hereto. This Agreement may only be modified or amended by a writing signed by both MAST and City. 1.11 Continuation. Any covenant or provision herein which requires, or might require performance, after the termination or expiration of this Agreement, including but not limited to provisions relating to indemnities and confidentiality, shall survive termination or expiration of the Agreement. 1.12 Successors and Assigns. MAST shall be entitled to assign this Agreement to Metropolitan Ambulance Services Trust Corporation, a Missouri Nonprofit Corporation established by MAST to assume operations of MAST. This Agreement shall be binding upon and inure to the benefit of the respective parties, their successors and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement individually or by signature of their duly authorized representative as of the day and yeaz first above written. 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