ORDINANCE NO. 2016-01
AN ORDINANCE AUTHORIZING THE MAYOR AND THE
FISCAL OFFICER TO ENTER INTO A CONTRACT WITH CARRYALL TOWNSHIP
FOR PROVIDING EMERGENCY MEDICAL SERVICE IN CALENDAR YEARS 2016, 2017, AND 2018, AND DECLARING THE SAME AN EMERGENCY
WHEREAS, the County of Paulding previously had a county-wide emergency ambulance service levy; and
WHEREAS, said levy has been discontinued county-wide; and
WHEREAS, the Village of Antwerp owns an emergency ambulance vehicle and has in the past provided emergency ambulance services to outlying areas; and
WHEREAS, the Village of Antwerp and Carryall Township negotiated the terms and conditions of the Village providing emergency medical service to Carryall Township.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF ANTWERP, COUNTY OF PAULDING, OHIO:
Section 1. That the Village of Antwerp Emergency Medical Services Department (the “Village”) will provide emergency medical service to Carryall Township (the “Township”) as provided in an Agreement to Provide Emergency Medical Services (the “Agreement”) and shall be compensated by the Township paying an annual charge which equates to the total sum collected by the Township by way of tax settlement monies, which amount will be paid to the Village of Antwerp as the Township collects such tax settlement monies from the Paulding County Auditor’s office, in combination with a user fee for delivery of emergency medical rescue services rendered by the Village. The rate of the user fee shall be that as established in Section 2 of this Ordinance. The user fees as established shall take effect at 12:01 A.M. on January 1, 2016.
Section 2. That the Council of the Village of Antwerp, Ohio hereby authorizes and approves the following rates for emergency medical rescue services when services are rendered by the Village, to any person in the area provided in the Agreement, as follows:
Base rate per person: Basic Life Support (BLS) $400.00 plus $8.00 for each loaded mile or fraction thereof.
Base rate per person: Advance Life Support (ALS) $500.00 plus $8.00 for each loaded mile or fraction thereof.
Section 3. That the user fee shall be incurred by the user of the emergency medical rescue services provided by the Village upon treatment.
Section 4a. That “Basic Life Support” (BLS) charges shall include by way of illustration the following: opening and maintaining an airway, giving positive pressure ventilation, cardiac compression, controlling hemorrhage, treatment of shock, immobilization of fractures, bandaging, assisting in childbirth, management of mentally disturbed patients, initial care of poison and burn patients, emergency extrication from entrapment, and any and all other procedures allowed by Ohio law.
Section 4b. That “Advance Life Support” (ALS) charges shall include by way of illustration the above Basic Life Support and also include the following: start IV infusions, manual defibrillation, administer epinephrine and other drugs, blood draws, start IO infusions, and any and all other procedures allowed by Ohio law.
Section 5. That the Village shall bill the users of the emergency medical services and collect any monies due for said services. Any and all monies collected on behalf of the users shall be sent to the Township on a monthly basis. The Village shall submit monthly invoices to the Township for the amounts billed, collected and then paid to the Township for the provision of emergency medical services, and any and all charges provided for on the invoice shall be paid by the Township to the Village within thirty (30) days from the date the invoice is received by the Township.
Section 6. All amounts collected as a result of this Ordinance shall be placed into the fund(s) established by the Fiscal Officer as follows: $75.00 of each user fee collected shall be placed into a Vehicle Replacement Fund and the remainder shall be placed into the EMS Revenue Fund. A transfer shall be done once or twice yearly from the EMS Revenue Fund to the Vehicle Replacement Fund.
Section 7. That the Mayor and the Fiscal Officer of the Village of Antwerp are authorized to enter into the Agreement with Carryall Township to provide emergency medical service for the consideration identified herein, said Agreement to be effective as of January 1, 2016.
Section 8. That if any other prior ordinance or resolution is found to be in conflict with this Ordinance, then the provisions of this Ordinance shall prevail. Further, if any portion of this Ordinance is found to be invalid, only that portion shall be held invalid and the remainder shall be in full force and effect.
Section 9. It is found and determined that all formal actions of the Council concerning or relating to the passage of this Ordinance were adopted in an open meeting of the Council, and that all deliberations of the Council and any of its committees that resulted in such formal actions, were in meetings open to the public, in compliance with all legal requirements including all lawful ordinances and any applicable provisions in Section 121.22 of the Ohio Revised Code.
Section 10. This Ordinance shall be retrospective in nature and take effect as of the expiration of the prior ordinance adopted by the Council of the Village of Antwerp and the Agreement for the provision of emergency medical service in Carryall Township, as reflected in Ordinance No. 2015-02.
Section 11. This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public health, safety and welfare, and for the further reason that it is necessary to have an agreement in place for the provision of emergency medical services in Carryall Township that reflects the compensation to be paid for the Village providing those services to the Township, and this Ordinance shall be in full force and effect immediately after its passage; otherwise, it shall take effect and be in full force after the earliest period allowed by law.
PASSED THIS _____ day of January, 2016.
_________________________________________ Ray DeLong, Mayor
VILLAGE OF ANTWERP
Aimee Lichty, Fiscal Officer
AGREEMENT TO PROVIDE EMERGENCY MEDICAL SERVICES
Pursuant to Ohio Revised Code Sections 505.84 and 9.60, this AGREEMENT is made and entered into this _____ day of _______________, 2016, by and between the Village of Antwerp, County of Paulding, State of Ohio (hereinafter referred to as the “Village”) and the Township of Carryall, Paulding County, State of Ohio (hereinafter referred to as the “Township”) for the Village to provide emergency medical services to the Township in calendar years 2016, 2017, and 2018 as more specifically described herein.
WHEREAS, the Mayor and Fiscal Officer of the Village were authorized to enter into this Agreement on January ____, 2016, by an ordinance passed on said date, Ordinance No. 2016-01.
WHEREAS, the Board of Trustees of the Township were authorized to enter into this Agreement on __________________, 2016, by a resolution adopted on said date, Resolution No.________.
IN CONSIDERATION of the mutual agreements hereinafter contained, and subject to the terms and conditions hereinafter stated, it is hereby agreed by the parties as follows:
1. The Village agrees to provide emergency medical services for certain portions of Carryall the Township, said territory described as follows:
The entire area that consists of Carryall Township.
2. The scope of the emergency medical services provided by the Village to the Township shall be the same as is regularly provided to residents of the Village of Antwerp.
3. Notwithstanding this Agreement to provide emergency medical services in the territory described above, the Village’s primary obligation to provide emergency medical services is to the territory comprised within the Village’s corporation limits and it shall not be a violation of any of the terms and/or conditions of this Agreement if for any reason the officer in charge of the emergency medical unit determines that the unit is unable and/or will be delayed in performing the services agreed to herein. The Village shall not be responsible for any loss and/or damages incurred as a result of failure to respond or respond timely to any call for emergency medical services in the Township and territory described above.
4. In exchange for providing the emergency medical services to the territory described herein, the Township agrees to compensate the Village as follows:
(a) A fixed annual charge which equates to the total sum collected by the Township by way of tax settlement monies, which amounts will be paid to the Village as the Township collects such tax settlement monies from the County Auditor’s office; plus
(b) Base rate per person: Basic Life Support (BLS) $400.00 plus $8.00 for each loaded mile or fraction thereof. Base rate per person: Advance Life Support (ALS) $500.00 plus $8.00 for each loaded mile or fraction thereof.
That “Basic Life Support” (BLS) charges shall include by way of illustration the following: opening and maintaining an airway, giving positive pressure ventilation, cardiac compression, controlling hemorrhage, treatment of shock, immobilization of fractures, bandaging, assisting in childbirth, management of mentally disturbed patients, initial care of poison and burn patients, emergency extrication from entrapment, and any and all other procedures allowed by Ohio law.
That “Advance Life Support” (ALS) charges shall include by way of illustration the above Basic Life Support and also include the following: start IV infusions, manual defibrillation, administer epinephrine and other drugs, blood draws, start IO infusions, and any and all other procedures allowed by Ohio law.
5. The Township authorizes the Village to bill patients / users of the emergency medical services and collect any monies due for the services provided by the Village for emergency medical services. The Village is also authorized to use a third-party billing and collection agency to perform these services. The Village hereby agrees to submit bills to the patients / users for the fees established in Section 4(b) above, which are the same fees the Village charges its residents for the provision of emergency medical services. Any and all monies collected on behalf of the patients / users shall be sent to the Township on a monthly basis. Any and all payments made by Village between the effective date and the execution date of this Agreement shall be made to conform to the provisions of this Agreement.
6. The Village shall submit monthly invoices to the Township for the emergency medical services provided, billed, collected and paid to the Township and for any charges due and owing by the Township to the Village as provided in paragraph 4 above. Any and all charges provided for on the invoice shall be paid by the Township to the Village within thirty (30) days from the date the invoice is received by the Township. Failure to remit payment of said invoice could result in termination of this Agreement.
7. The volunteers, employees, agents, and/or officers of the Village that will provide the services to the Township as provided in this Agreement are deemed to be acting within the scope of their employment in providing said services. The Village assumes the cost and/or expenses associated with any injury to those providing the services on behalf of the Village and/or any damage to equipment used in the performance of this Agreement. To the extent permitted under Ohio law, the Township agrees to fully indemnify and hold harmless the Village, its elected officials, its officers, agents, employees and volunteers from any and all obligations, liabilities or claims which may arise as a direct or indirect consequence of the Village’s performance of this Agreement and the services agreed to be performed by the Village herein or the actions of the Village, its officials, agents, employees and any subcontractors employed by the Village. The Township will name the Village of Antwerp as an additional insured on its insurance policy. The Township’s insurance coverage shall be primary insurance as it respects the Village, its elected officials, officers, agents, employees or volunteers and that any insurance maintained by the Village, its elected officials, officers, agents, employees or volunteers shall be excess to the Township’s insurance and shall not contribute to it.
8. The Village hereby represents that the individuals that will provide the emergency medical services are volunteers, employees, agents, and/or other officials acting on behalf of the Village. No principal-agent or employer-employee relationship is created by this Agreement. As such, the Township and any of its officials, employees, agents, and/or volunteers are not eligible to receive any benefits from the Village, including but not limited to, OPERS, vacation, sick leave, health insurance, life insurance, worker’s compensation insurance, unemployment compensation, any form of retirement benefits (including social security eligibility), or other benefits based upon the status of the Village providing the emergency medical services as independent contractors of the Township. The Township is responsible for payment of all applicable taxes, including federal, state, and local taxes.
9. The Village and the Township each reserve the right to unilaterally terminate this Agreement, with or without cause, upon sixty (60) days written notice to the other party. Any such termination will not alter the obligation of the Village to bill and/or collect the fees for services provided during the term of the Agreement or to pay those fees to the Township. Likewise, any such termination will not alter the obligation of the Township to pay any amounts due and owing to the Village by way of this Agreement for services rendered prior to the termination of said Agreement. It is the responsibility of the Township to notify the users of these services within the territory described herein of the termination of this Agreement.
10. Each party shall maintain accurate records, reports and other documents to sufficiently and properly account for all costs and expenses incurred by each party in the performance of its obligations under this Agreement. These records shall be available in accordance with the public entity’s public records policy for inspection, review, audit, or other legitimate purpose by an authorized representative of the other party, the State of Ohio, the Federal Government, or representative of any, for a minimum of five (5) years after payment has been made pursuant to the terms of this Agreement or until after a State Audit, whichever occurs earlier.
11. This Agreement shall not be assignable by either party hereto without the prior written consent of the other party.
12. If legal action is initiated by either party for the purpose of enforcing or interpreting this Agreement, the prevailing party shall be entitled to it’s attorney’s fees and costs in enforcing this Agreement.
13. The validity and interpretation of any of the terms or provisions of this Agreement or of the rights or duties of any of the parties hereunder shall be governed by the laws of the State of Ohio.
14. The invalidation of any clause or provision of this Agreement shall have no effect on the remaining provisions of this Agreement, and as such, the remaining Agreement shall remain in full force and effect, and be interpreted as consistently as possible.
15. Any notice required to be given hereunder, shall be given as follows:
The Village of Antwerp
Attn: Sara Keeran, Administrator
P.O. Box 1046
Antwerp, Ohio 45813
Telephone: (419) 258-2371
Fax: (419) 258-1337
The Township of Carryall
Attn: EMS Coordinator
P.O. Box 1046
Antwerp, Ohio 45813
Telephone: (419) 258-1570
Fax: (419) 258-1337
16. This Agreement shall be effective as of January 1, 2016, and shall continue in full force and effect thereafter for the calendar years of 2016, 2017, and 2018. This Agreement supercedes any and all prior agreements between the Village and the Township pertaining to the provision of emergency medical services for prior years.
17. It is understood and agreed by the parties hereto that the signatories to the Agreement have been duly authorized to execute this Agreement on behalf of the respective parties, and that the parties hereby waive any challenge or defense to the validity of this Agreement based on lack of capacity, or irregularity in the procedures surrounding the execution of this Agreement.
Executed at Antwerp, Ohio, on the day and year first above written.
VILLAGE OF ANTWERP
Title: Mayor Date:_______________________
Title: Village Fiscal Officer
TOWNSHIP OF CARRYALL