M&C Review


COUNCIL ACTION:  Approved on 2/21/2017 - Ordinance No. 22613-02-2017

DATE: 2/21/2017 REFERENCE NO.: **C-28120 LOG NAME: 36MEDSTARORDINANCEINTERLOCALAGREEMENT
CODE: C TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT:   Adopt Uniform Emergency Medical Services Ordinance and Authorize Execution of the Restated Interlocal Cooperative Agreement for Ambulance Services By the Metropolitan Area Emergency Medical Services Authority d/b/a Medstar (ALL COUNCIL DISTRICTS)

RECOMMENDATION:

It is recommended that the City Council:

1. Adopt the attached Uniform Emergency Medical Services Ordinance; and

2. Authorize the execution of the Restated Interlocal Cooperative Agreement to be entered into with qualifying local governmental entities for ambulance services to be provided by the Metropolitan Area Emergency Medical Services Authority d/b/a Medstar, an administrative agency, in substantial form to the attached Agreement.

 
DISCUSSION:

In 1988, an administrative agency was created, pursuant to Sec. 791.013 of the Interlocal Cooperation Act through an interlocal cooperation agreement, called the Area Metropolitan Ambulance Authority d/b/a Medstar, to ensure the provision of ambulance service to the City of Fort Worth. In December 1998, the City entered into a Council-approved Restated Emergency Medical Services Interlocal Agreement (M&C C-17191) to further define the Authority's term of existence, makeup of the Board of Directors, requirements for Authority membership, financial responsibilities and the Authority's duties and powers.  Until 2005, Medstar provided ambulance service through a contractor, then due to contractor default Medstar took over the direct operation of the ambulance service.  

It is now necessary to update the previous interlocal agreement with a Restated Interlocal Cooperative Agreement ("ILA") and to adopt a new Uniform EMS Ordinance ("Ordinance").  Primary terms of the Ordinance and ILA include:

A shift to more clearly develop and enhance the original "system" approach to medical transportation and out of hospital emergency medical services. With this in mind, the Authority Board has authorized a name change from the "Area Metropolitan Ambulance Authority" to the "Metropolitan Area EMS Authority" ("MAEMSA").

The First Responders of member jurisdictions will be fully integrated into the system through the establishment of a First Responder Advisory Board ("FRAB") that will inform and advise the Authority Board. The FRAB will also have two ex officio non-voting seats on the Authority Board. The First Responders will participate in a standing "system performance" task force with the Emergency Physicians Advisory Board (EPAB) and the Authority's Executive Team. The task force will develop performance goals and standards for all aspects of the system and make annual recommendations of the same to the Authority Board. The task force will also continually monitor and address performance improvement opportunities and make recommendations to modify performance goals where appropriate.

Additional clarity regarding the relationship between EPAB and the Authority to better reflect recent changes to the organizational structure agreed upon by EPAB and the Board. EPAB will continue to exercise medical oversight of medical transportation and prehospital emergency care through the Medical Director and the Office of the Medical Director, using the Authority's legal authority. The Authority will directly fund EPAB and the Office of the Medical Director in lieu of the per transport fee used in the past. The Authority and EPAB will each have a voting member on the other's board.

The Authority maintains its status as the direct provider of ambulance services but continues to have the discretion to use a subcontractor should the member jurisdictions so choose through their representatives on the Authority Board.

The Authority will continue its current practices that enhance fiscal and operational transparency, including independent financial audits on a yearly basis. EPAB and the Office of the Medical Director will be part of the Authority budget and financial reports.

The member cities continue to have discretion in providing subsidies to the Authority. The subsidy may be in any amount, with no subsidy as a required option in the Interlocal Agreement.

The Authority's voting board seats will remain at their current number because that distribution continues to reflect the population ratio among the member jurisdictions. The Board is empowered to add additional voting seats in connection with the admission of new member jurisdictions, but only if population proportionality is maintained. Any other change in voting members requires unanimous member consent.

The previous provisions requiring capital contributions for joining the Authority have been removed. A current member jurisdiction withdrawing due to the Authority's failure to provide adequate service to that jurisdiction (a "for cause" withdrawal) will continue to be entitled to a pro rata share of the net worth of the Authority, as defined in the revised Interlocal Agreement.

The Authority will provide mobile integrated healthcare.  The Authority is currently providing a number of programs under this service, including 911 Nurse Triage and Home Health Partnership, and it will continue to do so.  

The Ordinance continues to carry a penalty of a Class C Misdemeanor for violations thereof.  Under the Ordinance, it is unlawful, among other things, to knowingly give false information to induce the dispatch of an ambulance or to use or cause to be used any ambulance service other than the Authority (except in an expressly authorized manner).  If found guilty of a Class C Misdemeanor for a violation as set out in the Ordinance, a person shall be punished by a fine not to exceed $500 per violation.

This contract will be with a governmental entity, state agency or public institution of higher education: Other local governments.

 
FISCAL INFORMATION/CERTIFICATION:

The Director of Finance certifies that approval of the above recommendation will not result in any impact to the Fiscal Year 2017 Budget.













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Submitted for City Manager's Office by:
Valerie Washington (6199)
Originating Department Head:
Rudy Jackson (6801)
Additional Information Contact:
Mark Rauscher (6803)

 
 
ATTACHMENTS
  Final Interlocal.pdf
  Ordinance.docx