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R2006-103 07-10-06 RESOLUTION NO. R2006-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE TEXAS DEPARTMENT OF HEALTH SERVICES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Mutual Aid Agreement by and between the City of Pearland, and the Texas Department of Health Services, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a Mutual Aid Agreement with the Texas Department of Health Services. PASSED, APPROVED and ADOPTED this the 10th day of July, A.D., 2006. )071.1 4-214-4° TOM REID MAYOR ATTEST: / Ye NG %ir-T � G, ;-M Y S,PRETAR APPROVED AS TO FORM: 041A—:—)`f ell--- DARRIN M. COKER CITY ATTORNEY DEPARTMENT OF STATE HEALTH SERVICES vow EXHIBIT EDUARDO J.SANCHEZ,M.D.,M.P.H. 'a . 1100 W.49th Street•Austin,Texas 78756 COMMISSIONER 1-888-963-7111 •http://www.dshs.state.tx.us Memorandum of Agreement For Mutual Aid of Emergency Medical Services for Public Assistance to Provide Mutual Aid in a Pending or Actual Disaster Between: The Department of State Health Services And DSHS Licensed EMS Providers I. PURPOSE State Missions The purpose of this Memorandum of Agreement(MOA) is to establish a mechanism whereby staffed ambulances may be deployed throughout the state to provide mutual aid in a pending or actual disaster, as a"state mission." NOTE: It is the intent of DSHS that ambulance firms only commit their resources to state missions to the extent that their local service area will NOT experience a significant degradation of service nor will the provider exceed any of their other contractual obligations during-a disaster situation and/or normal course of business for the purposes of this MOA (e.g. contracts to evacuate nursing homes, 911 contracts, etc) State Facility Evacuation The purpose of this Memorandum of Agreement(MOA)is to establish a mechanism whereby staffed ambulances will be placed on a list of ambulance resources and will be required to respond to State Facilities for the mission of evacuating the state schools and/or hospital as authorized by the State Operations Center and/or the Department of State Health Services. NOTE: It is the intent of DSHS that ambulance firms only commit their resources to the evacuation of state facilities to the extent that their local service area will NOT experience a degradation of service nor exceed any of their other contractual obligations during a disaster situation and/or normal course of business for the purposes of this MOA(e.g. contracts to evacuate nursing homes, 911 contracts, etc) Final An Equal Employment Opportunity Employer Page 1 of 9 II. DESCRIPTION The Department of State Health Services (DSHS) intends to complete Memorandum of Agreements for Mutual Aid of Emergency Medical Services for Public Assistance with DSHS licensed Emergency Medical Services (EMS) Providers in order to have available a sufficient number of ambulances to respond to provide mutual aid in a pending disaster or actual disaster. III. ACTIVATION State Missions This agreement may be activated only by notification by the Assistant Commissioner for Regulatory Services or his/her designee to any needed DSHS Licensed EMS Providers. Activation,pursuant to this MOA, may occur at any time; day or night including weekends and/or holidays only after an official written and signed notification of deployment letter has been sent via fax or email to the DSHS Licensed EMS Provider with the official deployment packet of documents/forms to be utilized during the mission. If the DSHS Licensed EMS Providers self-deploys, without proper notification from DSHS, they will not be eligible for reimbursement through this Memorandum of Agreement. Upon acceptance of deployment activation, the DSHS Licensed EMS Provider must have properly staffed ambulances en route to the designated mission within eight(8)hours from the time they receive the notification of deployment letter from DSHS. For reimbursement purposes, the mission will start when the DSHS Licensed EMS Provider leaves its home area and will conclude at the time it is demobilized from duties by DSHS. State Facility Evacuation This agreement will be activated only by notification by the Assistant Commissioner for Regulatory Services or his/her designee to DSHS Licensed EMS Providers who agreed to respond to state facility mission(s). Activation, pursuant to this MOA,may occur at any time; day or night including weekends and/or holidays. Activation of deployment will occur when DSHS.sends an official written and signed notification of deployment letter via fax or email to the DSHS Licensed EMS Provider along with the official deployment packet of documents/forms to be utilized during the mission. DSHS Licensed EMS Providers should not self-deploy to a state mission. If the DSHS Licensed EMS Providers self-deploy, they will not be eligible for reimbursement through this Memorandum of Agreement. When activated, the DSHS Licensed EMS Provider must have properly staffed ambulances en route to the designated area within three(3)hours from the time they receive the notification of deployment letter from DSHS. For reimbursement purposes the mission will start when the DSHS Licensed EMS Provider leaves its home area and will conclude at the time it is demobilized from duties. Final An Equal Employment Opportunity Employer Page 2 of 9 IV. RESPONSIBILITIES State Missions The DSHS Licensed EMS Provider will be required to comply with the following during when providing mutual aid in a pending or actual disaster: 1. The DSHS Licensed EMS Provider must have at least twelve(12)months of experience providing local and/or long distance emergency medical services to live human beings in the State of Texas. 2. The DSHS Licensed EMS Provider must maintain a business office within the boundaries of the State of Texas. 3. The DSHS Licensed EMS Provider must adhere and abide by all federal, state and local laws and must adhere and abide by the Texas Health& Safety Code, Chapter 773, Emergency Medical Services and the Texas Administrative Code, Title 25: Health Services, Chapter 157: Emergency Medical Care during the time of its deployment to provide mutual aid in a pending or actual disaster and must adhere and abide by all laws and rules at all times. 4. The DSHS Licensed EMS Provider will only respond when notified by the Assistant Commissioner for Regulatory Services or his/her designee. If the DSHS Licensed EMS Provider deploys without proper notification(self-deploy) the Memorandum of Agreement will not be in effect, and the provider will not be reimbursed. 5. The DSHS Licensed EMS Provider must keep detailed records (utilizing the DSHS packet of documents/forms) of the services requested and fulfilled, and provide those records as requested to include,but not limited to: • Patient Care Records; • Patient demographics, including patient(s) insurance information; • A Time Log Record form of activities. 6. The DSHS Licensed EMS Provider must keep all receipts of its expenditures during deployment. 7. The DSHS Licensed EMS Provider will be required to be self-sufficient for an undetermined amount of time and should be aware that its staff could be living in field conditions. The following items are suggested,but not limited to: • Cell phone and charger; • Cash and credit cards to purchase fuel and food; • Extra clothes; • Extra expendable medical supplies; • Food and water; and • Sleeping bags. 8. The DSHS Licensed EMS Provider must ensure that all personnel responding have proof of their individual DSHS EMS certifications and a form of picture identification with them at all times. 9. If the DSHS Licensed EMS Provider commits to provide a BLS unit, they must staff it with a minimum of 2 Texas EMT-Basics. 10. If the DSHS Licensed EMS Provider commits to provide an ALS unit, they must staff it with a minimum of 1 Texas certified EMT-Basic and 1 Texas certified Final An Equal Employment Opportunity Employer Page 3 of 9 EMT-Intermediate. 11. If the DSHS Licensed EMS Provider commits to provide a MICU unit, they must staff it with a minimum of 1 Texas certified EMT-Basic and 1 Texas certified EMT-Paramedic. 12. The DSHS Licensed EMS Provider must bill primary sources of reimbursement, such as Medicaid, Medicare,private insurances or third party providers before sending an invoice to DSHS. The DSHS Licensed EMS Provider must submit proof of denial and proof of payment for each patient that is transported. State Facility Evacuation The DSHS Licensed EMS Provider will be required to comply with the following to provide mutual aid in a pending or actual disaster for state facility mission(s): 1. The DSHS Licensed EMS Provider must respond to the request of DSHS to evacuate state facilities. By checking the state facility box in the Acceptance of Agreement section below, it will be obligated to timely respond and deploy upon receipt of a DSHS notification of deployment letter. 2. The DSHS Licensed EMS Provider must deploy and be en route to the state facility within three (3)hours from the time they receive the notification of deployment letter from DSHS. 3. The DSHS Licensed EMS Provider must have at least twelve(12)months of experience providing local and/or long distance emergency medical services to live human beings in the State of Texas. 4. The DSHS Licensed EMS Provider must maintain a business office within the boundaries of the State of Texas. 5. The DSHS Licensed EMS Provider must adhere and abide by all federal, state and local laws and must adhere and abide by the Texas Health& Safety Code, Chapter 773 Emergency Medical Services Act and the Texas Administrative Code, Title 25: Health Services, Chapter 157: Emergency Medical Care during. the time of a state or federal State of Emergency, mass casualty event or disaster and must adhere and abide by all laws and rules at all times. 6. The DSHS Licensed EMS Provider will only respond when notified by the Assistant Commissioner for Regulatory Services or his/her designee. If the DSHS Licensed EMS Providers self-deploys,without proper notification from DSHS, they will not be eligible for reimbursement through this Memorandum of Agreement. 7. The DSHS Licensed EMS Provider must keep detailed records (utilizing the DSHS packet of documents/forms) of the services requested and received, and provide those records as requested to include,but not limited to: • Patient Care Records; • Patient demographics, including patient(s) insurance information; • A Time Log Record form of activities. 8. The DSHS Licensed EMS Provider must keep all receipts of its expenditures. 9. The DSHS Licensed EMS Provider will be required to be self-sufficient for an undetermined amount of time and should be aware that it could be living in field conditions. The following items are suggested,but not limited to: • Cell phone and charger; • Cash and credit cards to purchase fuel and food; Final An Equal Employment Opportunity Employer Page 4 of 9 • Extra clothes; • Extra expendable medical supplies; • Food and water; and • Sleeping bags. 10. The DSHS Licensed EMS Provider must ensure that all personnel responding have proof of their individual DSHS EMS certifications and a form of picture identification with them at all times. 11. If the DSHS Licensed EMS Provider commits to provide a BLS unit, they must staff it with a minimum of 2 Texas certified EMT-Basics. 12. If the DSHS Licensed EMS Provider commits to provide an ALS unit, they must staff it with a minimum of 1 Texas certified EMT-Basic and 1 Texas certified EMT-Intermediate. 13. If the DSHS Licensed EMS Provider commits to provide a MICU unit, they must staff it with a minimum of 1 Texas certified EMT-Basic and 1 Texas certified EMT-Paramedic. 14. The DSHS Licensed EMS Provider must bill primary sources of reimbursement, such as Medicaid, Medicare,private insurances or third party providers before sending an invoice to DSHS. The DSHS Licensed EMS Provider must submit proof of denial and proof of payment for each patient that is transported. V. PUBLIC INFORMATION COORDINATION The EMS providers and DSHS will ensure that local jurisdictions (e.g., regional medical operations centers (ROMCs); emergency operations centers (EOCs); regional advisory councils (RACs) are apprised that the provider has voluntarily assigned assets to State Missions and/or State Facility Evacuations. VI. FUNDING • The DSHS Licensed EMS Provider costs related to the implementation of this agreement will be the responsibility of the DSHS Licensed EMS Provider. • In the event that the terms of this agreement are activated in response to provide mutual aid in a pending or actual disaster, the DSHS Licensed EMS Provider may invoice DSHS as follows: • Private-Not-For-Profit Providers without paid staff(Volunteer Providers): • DSHS will reimburse a base rate of$47.92 per hour for response-ready hours for non-reimbursable(meaning all primary sources of payment, such as Medicaid, Medicare,private insurances or third party providers have been attempted to be billed) costs for a Basic Life Support(BLS) ambulance. NO labor costs will be paid, since volunteer providers do not pay for staffing. • DSHS will reimburse a base rate of$54.92 per hour for response-ready hours for non-reimbursable(meaning all primary sources of payment, such as Medicaid, Medicare,private insurances or third party providers have been attempted to be billed) costs for an Advanced Life Support (ALS) ambulance. NO labor costs will be paid, since volunteer providers do not pay for staffing. • DSHS will reimburse a base rate of$57.92 per hour for response-ready hours for non-reimbursable(meaning all primary sources of payment, Final An Equal Employment Opportunity Employer Page 5 of 9 such as Medicaid, Medicare,private insurances or third party providers have been attempted to be billed) costs for a Mobile Intensive Care Unit (MICU) ambulance. NO labor costs will be paid, since volunteer providers do not pay for staffing. • Private-Not-For-Profit Providers with paid staff: • DSHS will reimburse a base rate of$47.92 per hour for response-ready hours plus actual labor costs plus fringe benefits for non-reimbursable (meaning all primary sources of payment, such as Medicaid, Medicare, private insurances or third party providers have been attempted to be billed) costs for a Basic Life Support (BLS) ambulance. • DSHS will reimburse a base rate of$54.92 per hour for response-ready hours plus actual labor costs plus fringe benefits for non-reimbursable (meaning all primary sources of payment, such as Medicaid, Medicare, private insurances or third party providers have been attempted to be billed) costs for an Advanced Life Support(ALS) ambulance. • DSHS will reimburse a base rate of$57.92 per hour for response-ready hours plus actual labor costs plus fringe benefits for non-reimbursable (meaning all primary sources of payment, such as Medicaid, Medicare, private insurances or third party providers have been attempted to be billed) costs for a Mobile Intensive Care Unit(MICU) ambulance. • Private-For-Profit Providers: • DSHS will reimburse a base rate of$47.92 per hour for response-ready hours plus actual labor costs plus fringe benefits for non-reimbursable (meaning all primary sources of payment, such as Medicaid, Medicare, private insurances or third party providers have been attempted to be billed) costs for a Basic Life Support(BLS) ambulance. • DSHS will reimburse a base rate of$54.92 per hour for response-ready hours plus actual labor costs plus fringe benefits for non-reimbursable (meaning all primary sources of payment, such as Medicaid,Medicare, private insurances or third party providers have been attempted to be billed) costs for an Advanced Life Support(ALS) ambulance. • DSHS will reimburse a base rate of$57.92 per hour for response-ready hours plus actual labor costs plus fringe benefits for non-reimbursable (meaning all primary sources of payment, such as Medicaid, Medicare, private insurances or third party providers have been attempted to be billed) costs for a Mobile Intensive Care Unit(MICU) ambulance. • Municipalities or Governmental Providers: • DSHS will reimburse a base rate of$47.92 per hour for response-ready hours plus actual overtime labor costs plus fringe benefits for non- reimbursable(meaning all primary sources of payment, such as Medicaid, Medicare,private insurances or third party providers have been attempted to be billed) costs for a Basic Life Support(BLS) ambulance. • DSHS will reimburse a base rate of$54.92 per hour for response-ready hours plus actual overtime labor costs plus fringe benefits for non- reimbursable (meaning all primary sources of payment, such as Final An Equal Employment Opportunity Employer Page 6 of 9 Medicaid, Medicare,private insurances or third party providers have been attempted to be billed) costs for an Advanced Life Support(ALS) ambulance. • DSHS will reimburse a base rate of$57.92 per hour for response-ready hours plus actual overtime labor costs plus fringe benefits for non- reimbursable(meaning all primary sources of payment, such as Medicaid, Medicare,private insurances have been attempted to be billed) costs for a Mobile Intensive Care Unit(MICU) ambulance. • DSHS has based these rates through experience from the 2005 Hurricane season and the reimbursement process. A chart describing the breakdown of the rates according to quantity, line item description,unit of measure and cost of measure is shown in Appendix A of this document. • The DSHS Licensed EMS Provider shall timely submit paperwork, documentation,receipts and an invoice to DSHS after the DSHS Licensed EMS Provider has been demobilized. • DSHS will submit a method for submitting the required information after the mutual aid provided during a pending or actual disaster. • Based on previous mutual aid during pending and/or actual disasters, DSHS will require EMS providers to attempt to bill primary sources of reimbursement to include,but not limited to Medicaid, Medicare, private insurances and third party providers. The DSHS Licensed EMS Provider must submit proof of denial and proof of payment to DSHS when they submit an invoice to DSHS. VII. EFFECTIVE DATE,AMENDMENT AND TERMINATION This Memorandum of Agreement For Mutual Aid of Emergency Medical Services for Public Assistance to Provide Mutual Aid in a Pending or Actual Disaster becomes effective on the date of final signature by DSHS and will remain in effect until superseded, suspended or terminated by written mutual agreement. Either party wishing to terminate this agreement shall submit a written notification no less than sixty (60) days prior to the desired termination date. VIII. ACCEPTANCE OF AGREEMENT (Firm Administrator or Firm Owner) commits (Ambulance Service) to the following Department of State Health Services Memorandum of Agreement For Mutual Aid of Emergency Medical Services for Public Assistance to Provide Mutual Aid in a Pending or Actual Disaster. State Mission #of units Level of units State Facility Evacuation(Mandatory when called by DSHS) #of units Level of units State Facility Evacuation(Mandatory as above) and any subsequent State Mission(s) #of units Level of units Final An Equal Employment Opportunity Employer Page 7 of 9 Respondent: Respondent Business Name Respondent Business Address Respondent Business Phone Number Fax Number Respondent Business Email Address Respondent Business Contact Name and Title Respondent Business Contact Phone Number(Land or Cell) Respondent Business Service Area(counties and RAC) Number of Units available for deployment Contact Name Signed Printed Name Title Date 2°d Contact Name(if applicable)Signed Printed Name Title Date Department of State Health Services (DSHS): Texas State EMS Director or designee Date Director,Client Services Contract Unit Date Final An Equal Employment Opportunity Employer Page 8 of 9 APPENDIX A DSHS has based reimbursement rates as follows: Line Item Unit of Unit of Hourly Quantity .Description Measure Cost Rate COSTS FOR BLS UNIT 1 Ambulance per hour $35.00 $35.00 Per Diem -Based on $35.00 per day per employee for 2 1 employees per hour $2.92 $2.92 Medical Supplies Cost- Based on $240.00 per day per 1 ambulance per hour $10.00 $10.00 $47.92 COSTS FOR ALS UNIT 1 Ambulance per hour $40.00 $40.00 Per Diem -Based on $35.00 per day per employee for 2 1 employees per hour $2.92 $2.92 Medical Supplies Cost- Based on $288.00 per day per 1 ambulance per hour $12.00 $12.00 $54.92 COSTS FOR MICU UNIT 1 Ambulance per hour $40.00 $40.00 Per Diem -Based on $35.00 per day per employee for 2 1 employees per hour $2.92 $2.92 Medical Supplies Cost-Based on $360.00 per day per 1 ambulance per hour $15.00 $15.00 $57.92 Final An Equal Employment Opportunity Employer Page 9 of 9 v � u.. JVLJ.C3j bne 155 TO 1719 P.01i01 Respondent: .. ,nCI - - Respondent Btainess Name Respondent Business Address -$� Q ---he i 0461-teCa-ttualex Respo`nd�entiB�usiness Phone Number pp ��, Fax Number Respondent Bucmes nail ddress Ter-reg..1 , &Its, ecM Responde„ytBust~ness Contact Name anil Title Respondent Business Contact Phone Number(Land or Cell) AkA-> i A a,cT4 n I�9 Respondent Busin s Mee{ rides and RAC) I _ Number of Units available for deployment Contact Name Signed Printed Name Title bate Contact Name(if applicable)Signed, Printed Nsme tide Date Department of State Health Services (DSHS): Texas State J MS Direetox or designee Date Director,Client Services Contract Unit bate Final An Equal Employment Opportunity Employer Page 8 of 9 ** TOTAL PAGE.01 **