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HomeMy WebLinkAboutVIII-11 Authorize Signature - Ambulance Service Mutual Aid Agreement with Fairview Health ServicesCity of Hastings 101 Fourth Street East Hastings, MN 55033-1944 Phone: 651-480-2350 www.hastingsmn.gov City Council Memorandum To: Mayor Fasbender & City Council Members From:John Townsend, Fire Chief Date:July 7, 2025 Item:Ambulance Service Mutual Aid Agreement Council Action Requested: Enter into ambulance service mutual aid agreement with Fairview Health Services. Background Information: This agreement is replacing and updating our current mutual aid agreement which was executed in 2014. Fairview Health Services and Hastings fire currently provide mutual aid ambulances to each of our service areas when calls for service exceed available resources. Financial Impact:N/A Advisory Commission Discussion:N/A Council Committee Discussion:N/A Attachments:Ambulance Service Mutual Aid Agreement VIII-11 1 Confidential-Sensitive AMBULANCE SERVICE MUTUAL AID AGREEMENT This Ambulance Service Mutual Aid Agreement (“Agreement”)is made and entered into this 10th day of June, 2025, (“Effective Date”), by and between Fairview Health Services (“Fairview”), located at 799 Reaney Ave, St. Paul, MN 55106, and City of Hastings, 101 4th Street East, Hastings, MN 55033 (“City”). Fairview and City may be referred to throughout this Agreement in the singular as “Party” and collectively as the “Parties”. RECITALS WHEREAS, Fairview and City are licensed by the Emergency Medical Services Regulatory Board (EMSRB) to provide ambulance service to persons within their primary service area (“PSA”);and WHEREAS, Fairview and City are entities engaged in providing emergency response, care, treatment,and transportation to persons within their primary service areas;and WHEREAS, Fairview and City each operate one or more ambulances twenty-four (24) hours per day, every day of the year, for the aforementioned purpose;and WHEREAS, Minnesota state statutes require ambulance services to have agreements with one or more neighboring ambulance services to provide EMS and ambulance service when the licensee’s ambulances are not available, or when local ambulance transport resources have been expended. NOW,THEREFORE, in consideration of the foregoing, and in further consideration of the provisions set forth herein, the Parties agree as follows: PURPOSE The purpose of this Agreement is to identify and record the willingness of Fairview Medical Transportation, a service of Fairview, and the City to mutually assist each other during periods of ambulance service requests exceeding available resources, and to specify the terms of that assistance. RESPONSIBILITIES Each Party, upon notification by the other or their representatives, will provide mutual aid if, in their sole discretion, such mutual aid:1) is needed for the immediate care of a sick or injured person or persons; and 2) will not jeopardize its ability to provide emergency ambulance service in its designated primary service area (“PSA”). LEVEL OF MUTUAL AID SERVICE Each Party agrees to provide ambulance response at their licensed level (advanced life support or basic life support) when providing mutual aid, unless a specific request is made for a particular level, and that level is available at the time of the request. Docusign Envelope ID: 730B9CA7-9DE2-43DB-9129-15100C514183 VIII-11 2 Confidential-Sensitive COMMUNICATIONS The Parties agree to use their usual and customary means of radio and telephone communications to request and coordinate mutual aid. FEES FOR SERVICE The ambulance service requesting mutual aid is not responsible for any expense of the assisting ambulance service associated with the mutual aid response. The ambulance service providing the response is responsible for obtaining reimbursement from the patient,the patient’s insurer, and/or appropriate third-party payor(s). The assisting ambulance service shall not have any claim against the requesting ambulance service for any amounts not collected from the patient, the patient’s insurer, and/or appropriate third-party payor(s) for mutual aid response, except as noted below. TERM This Agreement will become effective when both parties have signed this Agreement, and it will remain in effect for a period of one (1) year from such date. Further, this Agreement will automatically renew for successive one (1) year terms until one party gives the other party written notice, at least thirty (30) days before the end of the then current term, of its intent to let the term of the Agreement expire. Either party shall have the right to terminate this Agreement at any time, without cause by giving the other party written notice of such termination at least thirty (30) days prior to the desired termination date. PUBLICITY Neither Party shall identify or refer to the names of the other Party or its affiliates in any advertising, promotions, marketing literature or any other publicity relating to the purpose set forth herein without the prior written consent of the other Party. The Parties shall coordinate jointly all communications and public relations efforts with respect to the purpose set forth herein and consummation of any definitive business relationship. The Parties shall make no public announcement (including, without limitation, any internal employee releases other than on a need-to-know basis, or any media interview, regardless of who initiated the contact) with respect to anything relating to the purpose set forth herein without the prior consent of the other Party. INSURANCE For the term of this Agreement, City will maintain the insurance coverage described in this Section at its own cost. Such insurance must be written by reliable insurance companies and shall cover the City, it's’ employees, agents and contractors. If the insurance is written on a claims-made basis, the City will obtain, at its cost, an extended reporting endorsement upon termination of this Agreement which provides continuing coverage for claims based upon acts or omissions and alleged acts or omissions during the term of this Agreement until all applicable statute of limitation periods have expired. City will provide written notice to Fairview in the event of cancellation, non-renewal or a material change in insurance coverage not less than thirty (30) days in advance of such termination or immediately upon notification if less than thirty (30) days. Company agrees to provide Fairview with a certificate of insurance or other Docusign Envelope ID: 730B9CA7-9DE2-43DB-9129-15100C514183 VIII-11 3 Confidential-Sensitive evidence that the insurance required by this section is in effect upon any request by Fairview. Any liability insurance limits shall not limit Fairview’s right to indemnity under this Agreement. INDEMNITY The Party providing EMS agrees to indemnify and hold harmless the other Party and their respective affiliates, officers, directors, employees, and agents, from and against any and all claims, judgements, liabilities, damages, and any costs and expenses, including reasonable attorney fees, to the extent permitted by applicable law, arising from and to the extent of the negligent operations, acts or omissions of the indemnifying party, its employees, agents, and representatives while engaged in activities within the scope of this Agreement. This provision shall survive termination of the Agreement with respect to any claim, action, or proceeding that relates to operations, acts or omissions occurring during the term of this Agreement. The provisions and any other indemnification obligations under this Agreement shall survive termination of this Agreement. CONTRACTUAL STATUS The Parties hereto acknowledge and agree that the relationship created between Fairview and City is strictly that of independent contractors with respect to the services described in this Agreement. Nothing contained herein shall be construed as creating any other type of relationship between the Parties other than one of independent contractor. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. In addition, each Party will conduct itself in a professional manner and in accordance with all applicable federal, state, and local laws, including but not limited to the Health Insurance Portability and Accountability Act (“HIPAA”)privacy requirements and the federal healthcare program anti-kickback statute (United States Code, Title 42 § 1320a-7b). MODIFICATION This written Agreement constitutes the complete agreement between the Parties with respect to the subject matter hereof and supersedes any prior oral or written agreements relating to the same subject matter.No modification of the Agreement will be effective unless set forth in a writing executed by both Parties. SEVERABILITY All terms and conditions of this Agreement are severable. If any term or provision, or any portion thereof, of this Agreement is held to be invalid, illegal or unenforceable, the remaining portions shall not be affected. NOTICES All notices or other communications which may be or are required to be given, served or sent by any Party to the other Party pursuant to this Agreement shall be in writing, addressed as set forth below, and shall be mailed by first-class, registered or certified mail, return receipt requested, postage prepaid, or Docusign Envelope ID: 730B9CA7-9DE2-43DB-9129-15100C514183 VIII-11 4 Confidential-Sensitive transmitted by hand delivery or facsimile. Such notice or other communication shall be deemed sufficiently given or received for all purposes at such time as it is delivered to the addressee (with the return receipt, the delivery receipt, the affidavit or messenger or the answer back being deemed conclusive evidence of such delivery) or at such time as delivery is refused by the addressee upon presentation. Each Party may designate by notice in writing a new address to which any notice or communication may thereafter be so given, served or sent. TO:City of Hastings 101 4th Street East Hastings, MN 55033 Attn:City Administrator TO:Fairview Health Services 799 Reaney Avenue St. Paul, MN 55106 Attn:Chief of EMS ASSIGNMENT This Agreement is not assignable without the mutual written agreement of the Parties. ENTIRE AGREEMENT This Agreement constitute the entire agreement of the Parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. It is agreed that any prior agreements between the Parties covering the same subject matter is hereby terminated. [The remainder of this page has intentionally been left blank.] Docusign Envelope ID: 730B9CA7-9DE2-43DB-9129-15100C514183 VIII-11 5 Confidential-Sensitive IN WITNESS WHEREOF, a duly authorized representative of each of the parties has executed this Agreement as of Effective Date. CITY OF HASTINGS FAIRVIEW HEALTH SERVICES _____________________________________________________ Mary Fasbender, Mayor By _____________________________________________________ Kelly Murtaugh, City Clerk Name ___________________________ Title _____________________________________________________ Date Date Docusign Envelope ID: 730B9CA7-9DE2-43DB-9129-15100C514183 President, Fairview Pharmacy Services Robert Beacher 6/10/2025 | 1:09:14 PM CDT VIII-11 x DocuSigned by: F82E9208C52A4D8...