HomeMy WebLinkAboutPR 15418: MEMORANDUM OF UNDERSTANDING WITH DEPT. OF STATE HEALTH SERVICESPORT ARTHUR FIRE DEPARTMENT
MEMORANDUM
To: Steve Fitzgibbons, City Manager
From: John Avery
Re: Proposed Resolution 1418
Date: August 11, 2009
COMMENT
RECOMMENDATION
The Fire Department recommends adoption of Proposed Resolution No. 15418 authorizing the
City Manager to execute a Memorandum of Agreement with the Department of State Health
Services to provide emergency response personnel to support an evacuation in a pending or
actual disaster or as needed to respond to other events.
BACKGROUND
The Department of State Health Services has established a program whereby certified EMS
personnel, emergency response personnel, and nurses may be deployed to provide emergency
medical care, field supervision, and coordination of EMS vehicles and personnel deployed by the
State in the event of an evacuation or disaster. Port Arthur Fire Department employee Mark
Sastre possesses both the required medical certifications and the state training for coordinating
EMS elements in a disaster. The City benefited from Fire Engineer Sastre's skills and training
during the recent hurricane evacuations and repatriation. The Fire Department feels that
participation in the program will provide an opportunity to continue training and obtain
experience in coordinating medical special needs evacuations.
BUDGET/FISCAL EFFECT
Expenses and wages for deployed personnel, as well as back-fill overtime, will be reimbursed by
the State.
STAFFING/EMPLOYEE EFFECT
None
SUMMARY
The Fire Department recommends adoption of Proposed Resolution No. 15418.
"REMEMBER, WE ARE HERE TO SERVE THE CITIZENS OF PORT ARTHUR"
P. R.15418
08/11/2009 jda
RESOLUTION N0.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A MEMORANDUM OF AGREEMENT WITH THE
DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE
EMERGENCY RESPONSE EMS PERSONNEL TO SUPPORT AN
EVACIIATION IN A PENDING OR ACTUAL DISASTER, OR AS
NEEDED TO RESPOND TO OTHER EVENTS.
WHEREAS, the Department of State Health Services has
established Medical Incident Support Teams; and
WHEREAS, the Medical Incident Support Teams will be
utilized by the Department of State Health Services to
assist in providing medical care on buses designated to
evacuate individuals with medical special needs, provide
field supervision of ambulance teams, and act as Regional
EMS Coordinators for the Governor's Division of Emergency
Management; and
WHEREAS, individuals who serve on the Medical Incident
Support Teams must possess certain certifications and must
be trained in Medical Incident Support by the Department of
State Health Services; and
WHEREAS, the City of Port Arthur Fire Department
currently employs an individual who possesses all of the
required certifications and Department of State Health
Services training; and
WHEREAS, the training and certification possessed by
this individual provided invaluable service in coordinating
many elements of the evacuation and repatriation of Port
Arthur medical special needs citizens during recent
hurricanes; and
WHEREAS, the City of Port Arthur wishes to continue to
receive updated training for this individual related to
coordinating medical special needs evacuations and to offer
the skills of this individual to other entities in the
state; and
WHEREAS, the Department of State Health Services will
reimburse the City of Port Arthur for wages, and other
costs related to the emergency response of this individual,
as well as backfill overtime.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PORT ARTHUR:
Section 1. The facts and opinions in the preamble are
true and correct.
Section 2. The City Manager is hereby authorized and
directed to execute a Memorandum of Agreement in
substantially the same form as attached hereto as Exhibit
~~ A„
Section 3. That a copy of the caption of this
resolution shall be spread upon the Minutes of the City
Council.
READ, ADOPTED AND APPROVED on this day of ,
A.D., 2009, at a Regular Meeting of the City Council of the
City of Port Arthur, Texas, by the following vote:
AYES:
NOES:
Deloris Prince, Mayor
ATTEST:
Terri Hanks, City Secretary
APPROVED AS TO FORM:
l'7~ ~~~-G--~
Mark T. Sokolow, City Attorney
APPROVED FOR ADMINISTRATION:
Steve Fitzgibbons, City Manager
EXHIBIT "A"
R
l~(,~ TEXAS DEPARTMENT OF STATE HEALTH SERVICES
1100 W. 49'" Street • Austin, Texas 78756
DAVID L. LAKEY, M.D. 1-888-963-7111 • http://www.dshs.state.tx.us
COMMISSIONER TDD: 512-458-7708
EMS/MOA/EMT-0350.1
Memorandum of Agreement to provide Emergency Medical Service and
Emergency Response Staff in a Pending or Actual Disaster
Between:
The Department of State Health Services (DSHS) and
DSHS Licensed EMS Providers,
Texas Commission on Fire Protection Fire Departments, and
EMS Trauma Regional Advisory Councils
1. Purpose
The purpose of this Memorandum of Agreement (MOA) is to establish a
mechanism whereby certified Emergency Medical Service (EMS) personnel, emergency
response personnel, and Nurses may be deployed to provide emergency medical care
without an accompanying ambulance unit in a pending or actual disaster. These
services may include but are not limited to: providing emergency medical care on
buses used for evacuation, providing field supervision of deployed EMS vehicles and/or
EMS personnel, and/or providing coordination of EMS vehicles and EMS personnel
deployed by a Disaster District Committee (DDC), DSHS Health Service Region(s), or
other assignments deemed appropriate by the Department of State Health Services.
2. Description
The Department of State Health Services intends to enter into MOAs with DSHS
licensed EMS providers, Fire Departments and EMS Trauma Regional Advisory
Councils (Provider) to provide emergency response and EMS personnel, employed by
or affiliated with that Provider, to support an evacuation in a pending or actual disaster,
or as needed to respond to other events. The following list is representative of, but not
limited to, the principle tasks DSHS certified/licensed EMS personnel and/or emergency
response personnel might be activated to accomplish:
a. Provide Emergency medical care on buses designated to evacuate
individuals with medical special needs (estimated to be from 2 to 5 EMS
personnel and nursing staff per bus). Bus evacuees will primarily be from
hospitals, nursing homes, or the general public who have special medical
needs and require medical oversight during evacuation but do not meet
ambulance transport criteria.
b. Provide field supervision and management of approximately 5-7 deployed
EMS ambulance vehicles, staffed with EMS personnel, and will be reporting
An Equa! Employment Opportunity Employer and Provider
to the appropriate Incident Command structure.
c. Act as Regional EMS Coordinators who will serve at any level in the
Governor's Division of Emergency Management Incident Command structure
as assigned. This could include an air/ground coordination team in a DDC,
the State Operations Center, a Regional Medical Operations Center, or in the
disaster zone and will be responsible for managing strike team leaders, task
forces, and some individual EMS vehicles and/or EMS personnel. .
3. Deployment Activation
This agreement may be activated only by written notification by the designated
DSHS Incident Commander or his/her designees. Deployment 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 a-mail to the DSHS licensed EMS provider, Fire Department, or EMS Trauma
Regional Advisory Council (RAC), aka -Provider, with the official deployment packet of
documents/forms to be utilized during the mission deployment.
Upon acceptance of deployment activation, the Provider must have the
requested personnel/team in route (at numbers and qualification levels set forth in the
DSHS deployment notification) to the designated mission within eight (8) hours from the
time it receives the official deployment notification from DSHS. For reimbursement
purposes, the mission will start when the Provider personnel leaves their home base
and will conclude at the time the deployed personnel returns to their home base after
DSHS issues a demobilization order or the terms of the deployment authorization have
been met.
The Provider may increase or decrease the number of estimated staff identified
in section 7 prior to acceptance of the deployment activation. Any change in the
estimated number or qualification levels of the of EMS personnel that it can provide (in
Section 7 below) must be made in writing and sent by the Provider to the EMS &
Trauma Systems Office of DSHS prior to deployment activation.
4. Terms
a. This agreement shall be in effect from the date of execution through
August 31, 2014.
b. The DSHS licensed EMS, Fire Department, and RAC provider must have
at least 12 months of continuing experience providing local emergency
medical services to live human beings in the State of Texas.
c. The Provider must maintain a business office within the boundaries of the
State of Texas.
d. The Provider and its deployed emergency response personnel must abide
by all federal, state, and local laws, including all DSHS EMS licensing and
certification requirements.
e. The provider will only deploy staff upon receipt and under the terms of the
official deployment notification(s) as described in Section 3.
f. For personnel with responsibility to provide Medical Incident Support
Team (MIST) expertise, the Provider must provide personnel that possess
the necessary skills and expertise in emergency management and that
have taken the MIST training sponsored by DSHS.
g. For personnel with direct responsibility to provide medical care and
support, the Provider will only deploy staff that are currently DSHS
An Equa! Employment Opportunity Employer and Provider
certified as an EMT-Paramedic, EMT-Basic, EMT-Intermediate, or
licensed as a Paramedic or Nurse and who have no disciplinary actions
pending or who are not under investigation.
h. The Provider shall deploy the EMS personnel, ordered by the DSHS
deployment notification in configurations, numbers and qualification levels
designated by the DSHS notification.
i. Medical supervision of the EMS personnel that a provider deploys for a
mission will be the responsibility of the EMS provider's medical director.
Deployed EMS personnel will follow the medical protocols of their medical
director.
j. The Provider must assure detailed records of expenditures and time spent
by deployed staff are complete, accurate, and have adequate supporting
documentation.
k. Deployed EMS personnel will be required to be self-sufficient for the
length of their deployment and should be aware that they could be living in
field conditions. The following items are suggested as part of deployment
'go kit', but the list should not be considered exhaustive:
I. Cell phone and charger;
i. Cash and credit card to purchase food and lodging;
ii. Extra clothes;
iii. Extra expendable medical supplies at the appropriate level of care;
iv. Food and water; and
v. Sleeping bags.
m. The Provider and its deployed EMS personnel must ensure that all
deployed EMS personnel will carry on their persons their individual DSHS
issued EMS certification or license cards and a form of picture
identification with them at all times throughout deployment.
n. The Provider and its EMS personnel that it deploys are independent
contractors and have no right to claim from DSHS or the State of Texas
for any medical injuries that they might incurred during a mission or for
State subrogation to any tort or other claims filed against them as a result
of their activities during a mission. DSHS or the State of Texas do not
waive any immunities from suitor liability that they have by operation of
law.
5. Funding
In the event that this agreement is activated in response to a pending or actual
disaster, the provider may invoice DSHS as follows:
a. Providers (ie. "EMS Volunteer Provider") without regularly paid staff:
• Labor rate a minimum of $20.00 for paramedic, $17.00 minimum for EMT
intermediate, and $13.50 minimum for EMT basic for each hour the staff
are deployed plus overtime at 1 '/z times the established rate for any hours
worked over 8 within each 24 hour period.
• No fringe benefit cost will be reimbursed.
• Actual cost for food not to exceed $36 per person per each 24 hour period
of deployment or part thereof.
• Actual cost for lodging not to exceed $85 per day per person.
An Equal Employment Opportunity Employer and Provider
Personal mileage from home to deployment site and return at a rate per
mile as published by the Comptroller for the time period specified or other
specific travel costs (airline travel, rental vehicle, parking, etc).
b. Providers with paid staff:
• Actual hourly labor cost of deployed staff plus fringe benefits.
• Actual cost for food not to exceed $36 per person per each 24 hour period
of deployment or part thereof.
• Actual cost for lodging not to exceed $85 per day per person.
• Personal mileage from home to deployment site and return at a rate per
mile as published by the Comptroller for the time period specified or other
specific travel costs (airline travel, rental vehicle, parking, etc).
• The overtime cost of EMS and emergency response personnel required to
fill the regular schedule shift at its home base stations that were vacated by
its EMS personnel that it deployed on the mission.
c. Vehicles
• Provider-owned vehicles that will be used during deployment for field
supervision or team leaders will be reimbursed at $9.75 per hour plus the
mileage rate currently in effect at the time of deployment as published by
the State Comptroller's office.
• Use of personal vehicles will only be reimbursed for mileage using the
mileage rates currently in effect at the time of deployment as published by
the State Comptroller's office. No other expenses related to the use of
personal vehicles will be reimbursed.
• Support trailers or provider owned vehicles that are not supervisor vehicles
that may be used by deployed personnel if approved on the activation
order by DSHS shall be reimbursed at the current FEMA published rate
plus the mileage rate (if applicable) currently in effect at the time of
deployment as published by the State Comptroller's Office.
6. Method for reimbursement
a. DSHS will provide a method for submitting the required information for
invoicing as part of the deployment notification.
b. The Provider must submit accurate paperwork, documentation, receipts and
invoices to DSHS within 21 days after demobilization.
c. If DSHS determines that the provider has met all requirements for
reimbursement, DSHS will reimburse provider within 30 days of receiving a
properly executed and accurate invoice with the required paperwork and
documentation. DSHS reserves the right to audit the provider's records to
confirm all charges on invoices submitted to DSHS.
d. DSHS reserves the right to increase rates specified in section 5 at its sole
discretion. Applicant agrees to accept rate increases, if and when set.
Notification of rate increases shall be posted on the Electronic State Business
Daily (ESBD).
7. Staff estimates
In order for DSHS to properly plan for staff availability for disaster response, the
provider estimates the following staff who could be made available by the provider:
An Equa! Employment Opportunity Employer and Provider
• EMT-Paramedics or Licensed Paramedics One (1)
• EMT-Intermediates
• EMT-Basics
• Ambulance Strike Team Leaders
• Regional EMS coordinators
8. Contract Claims
In the event of a breach of contract claim against DSHS is made by the Provider,
the statutory process under the Texas Government Code Chapter 2260 will be
used.
9. Acceptance of Agreement
A Provider offering to enter into this MOA shall fully complete this MOA with the
information requested herein, sign two originals of a fully completed MOA, and send
both via regular U.S. mail or overnight courier to:
FAX
Attention: Contract Management Unit
Room W-239; Mail Code: 1990Texas Department of State Health Services
1100 West 49th Street
Austin, Texas 78756
In addition, a copy of the MOA, signed and fully completed by the Provider, shall also be
faxed to (512) 458-7211.
An Equal Employment Opportunity Employer and Provider
As noted by the signature (below) of the EMS Provider or its authorized agent,
the Provider agrees to accept the terms and conditions as set forth in this agreement,
agrees to abide by the requirements for reimbursement and waives the right to file a
claim to be reimbursed for any amounts above the payment schedule amounts, as
outlined herein. All amendments to this MOA must be in writing and agreed to by the
Provider and DSHS.
Provider name
Business address
Phone #
Fax #
E-mail
-------------------------------------------------------------------------------------
Provider contact name
Contact phone #
Contact fax #
Contact cell #
Contact e-mail
--------------------------------------------------------------------------------------
Signature of Provider
or Authorized Agent
Printed name
Title
Date
Signature
Printed Name: Bob Burnette
Title: Director, DSHS Client Services Contracting Unit
Date:
An Equa! Employment Opportunity Employer and Provider