HomeMy WebLinkAboutC2021-159 - 6/15/2021 - Approved INTERLOCAL COOPERATION CONTRACT
AMBUS Project 2.0 2021
The State of Texas
County of Nueces
THIS INTERLOCAL COOPERATION CONTRACT ("CONTRACT'), also known as the AMBUS
Project (2020-2021-A), is made and entered as of the date of the last signature hereto pursuant
to the Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code (the "ACT"), and
is by and between the Coastal Bend Regional Advisory Council (hereafter "CBRAC"), a Texas
non-profit corporation and the City of Corpus Christi, Texas ("Receiving Agency"), a home rule
municipal corporation, (hereinafter collectively the"Parties") and shall be considered effective on
the date of the last signature hereto ("Effective Date").
Accordingly, the Parties agree as follows:
I. LEGAL AUTHORITY
The parties represent and warrant that:
1. CBRAC is a non-profit corporation created under Texas Administrative Code
Title 25, Part 1, Chapter 157 and operated to provide one or more governmental
functions and services, and is defined as a "Political Subdivision" per §791.003
(3d) and §791.003 (5), and
2. The Receiving Agency is eligible to contract with CBRAC under the ACT
because it is one of the following: a local government, as defined in the ACT (a
county, a municipality, a special district, or other political subdivision of the State
of Texas or any other state, or a combination of two or more of those entities), a
state agency (an agency of the State of Texas as defined in §771.002 of the
Texas Government Code, or a similar agency of another state), or a non-profit
corporation created and operated to provide one or more governmental functions
and services, and
3. The Receiving Agency and CBRAC possess adequate legal authority to enter
into this CONTRACT.
4. The Receiving Agency and CBRAC in paying for the performance of
governmental functions or in performing such governmental functions pursuant to
the Interlocal CONTRACT shall make payments therefore only from current
revenues legally available to such party.
5. The governing bodies of each entity believe that this CONTRACT is beneficial to
the public and that each party had the legal authority to provide the governmental
function which is the subject of the Interlocal Agreement.
II. STATEMENT OF SERVICE TO BE PERFORMED:
The Receiving Agency and the CBRAC agree to provide services as set forth in the
statement of work attached as "Schedule (A), AMBUS Project", and "Exhibit (B), Affidavit
of Insurance or Other Means of Replacement" which schedules are incorporated herein
for all purposes.
Equipment provided by CBRAC under this CONTRACT as described on Exhibit A to this
Contract known as the "Equipment List AMBUS Project" is provided to the Receiving
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Agency at no cost. In lieu of payment for the use of the AMBUS, the Receiving Agency
shall be responsible for various costs associated with the AMBUS as provided for in the
attached Schedules.
III. BASIS FOR CALCULATING COSTS:
The basis for any reimbursable costs is outlined in the statement of work attached as
Schedule (A), AMBUS Project, Exhibit (A), Equipment List, and Exhibit (B), Affidavit of
Insurance or Other Means of Replacement.
IV. CONTRACT AMOUNT:
Equipment provided by CBRAC under this CONTRACT is provided to the Receiving
Agency at no cost.
V. PAYMENT FOR SERVICES:
The basis for providing payment for services is outlined in the statement of work attached
as Schedule (A), AMBUS Project, Exhibit (A), Equipment List, and Exhibit (B), Affidavit of
Insurance or Other Means of Replacement.
VI. TERM OF CONTRACT:
This CONTRACT is effective as of the date of the last signature. The CONTRACT will
remain in effect until canceled by the parties in accordance with the terms set forth in
paragraph VII below.
VII. TERMINATON:
This CONTRACT may be terminated by either the Receiving Agency or CBRAC when one
of the following occurs:
1. Either party requests termination in writing with 30 days' notice.
2. Immediately if the prime award is terminated by the State of Texas.
3. CBRAC is no longer the Hospital Preparedness Program (HPP) contractor.
At the conclusion of the contractual relationship between the Receiving Agency and
CBRAC, for any reason, the AMBUS and any remaining equipment and supplies
purchased for this project under HPP funds, reverts to CBRAC.
At the conclusion of the contractual relationship between the State of Texas and CBRAC,
for any reason, title to any remaining equipment and supplies purchased for this project
under HPP funds, reverts to the State of Texas. At that time, and at the discretion of the
State, the title may be transferred to a third party, as may be determined.
VIII. VENUE
This CONTRACT and all of the transactions contemplated herein shall be governed by
and construed in accordance with the laws of the State of Texas. The provisions and
obligations of this CONTRACT are performable in Nueces County, Texas such that
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exclusive venue for any action arising out of this CONTRACT shall be in Nueces County,
Texas.
IX. GENERAL PROVISIONS:
1. This CONTRACT is entered into by the duly authorized officials of each
respective party.
2. Any notice required pursuant to this CONTRACT must be in writing and is
properly given if hand delivered, or sent by certified or registered mail, or
overnight courier service,to the Parties either at the address below for or at such
other address as the Parties from time to time specify by written notice pursuant
to this Section. Any such notice is considered delivered on the date of delivery
if hand delivered, or upon confirmation if sent by certified or registered mail or
an overnight courier service.
If to CBRAC:
CBRAC
PO Box 18460
Corpus Christi, Texas 78480
If to Receiving Agency:
City of Corpus Christi
2406 Leopard, Suite 300
Corpus Christi, Texas 78408
3. To the extent authorized by the laws and constitution of the State of Texas, the
CBRAC and the Receiving Agency shall not be liable for any lost profits, special,
incidental, consequential, or punitive damages, whether for breach of any
express or implied warranties or otherwise. The CBRAC and the Receiving
Agency do not warrant that services shall be without defect, interruption, or
suited for particular purposes. The Receiving Agency agrees to work
cooperatively with CBRAC to maintain services to the best of both parties°
abilities.
4. During the term of this CONTRACT and any extensions thereto, the Receiving
Agency assumes all liability arising from the use, employment, deployment,
redeployment, and reconstitution of the AMBUS and supporting equipment in
accordance with the provisions of law and regulations which govern their
activities.
5. In case any other provision hereof should be held to be illegal, invalid or
unenforceable in any respect, such illegality, invalidity or unenforceability shall
not affect any other provision of this Agreement, and this Agreement shall be
construed as if such invalid, illegal or unenforceable provision had never been
included in this Agreement.
6. It is understood by both parties that each will fulfill its responsibilities under this
CONTRACT in accordance with the provisions of law and regulations which
govern their activities. Nothing in this CONTRACT is intended to negate or
otherwise render ineffective any such provisions or operating procedures If at
any time either party is unable to perform its functions under this agreement
consistent with such party's statutory and regulatory mandates, the affected
party shall immediately provide written notice to the other to establish a date for
mutual resolution of the conflict up to, and including. forfeiture of the use and
return to CBRAC those assets described in the statement of work attached as
Schedule (A) and in the Equipment List, Exhibit (A).
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7. This Agreement constitutes the entire agreement hereto with respect to the
subject matter hereof and supersedes any prior understanding or written or oral
agreements between the parties with respect to the subject matter of this
Agreement. No amendment, modification, or alteration of the terms of the
Agreement shall be binding on either party unless the same is in writing, dated
subsequent to the date hereof, and is duly executed by the party against whom
enforcement is sought.
8. Each person signing this Agreement on behalf of a party hereby confirms for the
benefit of the other party to this Agreement that any requisite approvals from the
governing body of such party have been obtained, and all prerequisites to the
execution, delivery and performance hereof have been obtained by or on behalf
of that party.
9. Force Majeure - Either party may be excused from performance under this
CONTRACT for any period that such party is prevented from performing its
obligations in whole or in part as a result of any act of God, war, civil disturbance,
epidemic, court order, or other event outside the control of such party, provided
the party seeking to be excused has prudently and promptly acted to take any
and all reasonable corrective measures that are within such party's control.
10. Neither party has authority for and on behalf of the other except as provided in
this CONTRACT. No other authority, power, partnership, use or rights are
granted or implied except as provided by Texas and or Federal laws and
regulations, and as defined in Schedule (A) to this CONTRACT.
11. Neither party may incur any debt, obligation, expense or liability of any kind on
behalf of the other party without the other party's express written approval.
12. CBRAC will defend and indemnify the Receiving Agency, its elected officials,
directors, officers, employees, agents, and representatives (the `Receiving
Agency Indemnities") and hold the Receiving Agency Indemnities harmless
against any damages, claims, suits, actions, liabilities, loss, penalties, costs and
expenses including, without limitation reasonable attorneys' fees, arising out of
CBRAC's dishonesty or negligent acts or omissions related to the Hospital
Preparedness Program.
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X. CONTRACT SIGNATURES:
The UNDERSIGNED CONTRACTING PARTIES bind themselves to the faithful
performance of this CONTRACT. It is mutually understood that this CONTRACT shall be
effective if signed by a person authorized to do so according to the normal operating
procedures of said party. If the governing body of a party is required to approve this
CONTRACT, it shall not become effective until approved by the governing body of that party.
In that event, this CONTRACT shall be executed by the duly authorized official(s) of the
party as expressed in an approving resolution or order of the governing body of said party,
a copy of which shall be attached to this CONTRACT.
RECEIVING AGENCY
APPROVED AS TO FORM AND LEGALITY:
ATTES : vt:utA aLs
l . 1ö4 ,d7ecL
Attorney eceiving A enc Ayjh i
(01 I(�( 7,1 �r r// l
Date of Signature Date of Signature
PERFORMING AGENCY
COASTAL BEND REGIONAL ADVISORY COUNCIL
APPROVED AS TO FORM AND LEGALITY: _
Hilary Watt
ATTEST: /y
Attorney Executive Direct
�c'tbt 7021
Date of Signature Date of Signature
I�_e�:: �..i:K..►-AU I HUKILr.►
ATTEST 3Y COUNCIL
REB CCA HUERTA .: (0-1.5-111
CITY SECRETARY
SECRETARY
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SCHEDULE (A)
AMBUS PROJECT 2021
I. Purpose of Agreement
It is the purpose of this Agreement to establish a cooperative and mutually beneficial relationship
between the parties and to set forth the relative responsibilities of the parties as they relate to the
utilization of ambulance buses (AMBUS) purchased with U. S. Department of Health and Human
Services Hospital Preparedness Program (HPP) funding.
II. Project Description
The AM BUS is one component of the Texas Emergency Medical Task Force (EMTF) Project. The
EMTF Project was developed by the State of Texas to create a network of rapidly deployable,
regionally based emergency medical assets across Texas. Coastal Bend Regional Advisory Council
(CBRAC) is contracted by the State of Texas to administer the EMTF Project within Trauma Service
Areas (TSA) T, U, and V.
The Coastal Bend Regional Advisory Council, under this CONTRACT is considered the "owner" of
the AMBUS and holds title to the AMBUS during the term of this CONTRACT and is subject to
applicable state and federal laws The Receiving Agency will store, maintain, repair, equip and
appropriately staff the AMBUS during the time it retains operational control of the AMBUS.
The AMBUS may be deployed outside the Receiving Agency's jurisdiction on a State Mission
Assignment. On a State Mission Assignment, the Receiving Agency's operational costs will be
reimbursed per separate agreement(s) (TXEMTF MOA). Other federal, state, and local provisions
may also apply.
The Receiving Agency maintains authority for daily use of the AMBUS. If other jurisdictions issue a
mutual aid request for use of the AM BUS, and the AMBUS is available, the Receiving Agency will
provide priority support to jurisdictions within Emergency Medical Task Force Region 11, with follow-
on consideration to support requests from other regions, the state, and the federal government.
Requests for an AMBUS deployment outside the Receiving Agency's jurisdiction will be routed to the
Receiving Agency in compliance with Texas Emergency Management Act, Chapter 418, Texas
Government Code, and the Texas Disaster Act of 1975.
Final authority for the deployment of the AMBUS rests with the Receiving Agency.
An Equipment List is attached as Exhibit (A) to this CONTRACT.
III. Purpose
The AMBUS Project supports state, regional, and local preparedness by providing multiple patient
care and transport capabilities for use in, but not limited to, hospital evacuations, mass casualty
incidents, onsite medical rehabilitation, and command capabilities.
IV. Responsibilities of the Parties Under Agreement
AMBUS Project 2021 Schedule (A) 1 of 3
in consideration of the mutual aims, desires and promises of the parties to this CONTRACT, and, in
recognition of the public benefit to be derived from effective implementation of the programs involved,
the parties agree that their responsibilities under this agreement shall be as follows:
A. The Receiving Agency shall:
1) Enter into a contract with CBRAC to participate as part of the Texas Emergency Medical
Task Force (EMTF) program by providing the DSHS licensed AM BUS and personnel on
a 24/7/365 basis in accordance with the TX EMTF MOA.
2) Participate as a mutual aid partner to cooperative agencies by providing the asset and
personnel on a 24/7/365 basis for up to twenty-four (24) hours.
3) Be a DSHS licensed EMS Provider, 911 Providers preferred, capable of providing:
a. ALS level of care or higher
b. ACLS or equivalent capability
c. PALS or equivalent capability
4) License/maintain license of AMBUS as a "Specialized" EMS vehicle per DSHS rule. When
used as a "Specialized" EMS vehicle, staffing must comply with DSHS rule.
5) Maintain insurance or other means of replacing the AMBUS and issued ancillary
equipment as provided under HPP funding. Total cost of equipment is $1,000,000.
Complete and return to CBRAC Exhibit (B), Affidavit of Insurance or Other Means of
Replacement. If insurance is provided by a third-party policy, Receiving Agency will
provide to CBRAC a copy of the Certificate of Insurance.
6) Be responsible for repair/replacement of equipment that is broken, damaged, or missing
due to misuse, negligence, theft or outside of normal lifespan expectations.
7) Follow manufacturer warranty procedures to complete repairs as may fall under the
warranty and as directed in the manufacturers' operations and maintenance manuals.
8) Perform and document the completion of planned, preventive, and corrective maintenance
and repairs to the AMBUS and ancillary equipment as indicated in the manufacturers'
operations and maintenance manuals.
9) Provide a secure, indoor housing environment that includes 50-amp shoreline power
access.
10) Maintain the AM BUS in a ready state for emergency responses.
11) Provide a standardized quarterly report of AMBUS costs and revenue.
12) Provide support to CBRAC during the inventory process as requested.
13) Maintain National Incident Management System (NIMS) agency compliance.
14) Provide and maintain medical supplies commensurate with DSHS regulations, EMS
Provider protocols/guidelines, and level of care established by the CONTRACT. Store and
maintain pharmaceuticals, medical supplies, and medical equipment according to
manufacturer's recommendations and applicable regulations.
15) Provide minimum staffing of six (6) certified/licensed EMS personnel with at least four (4)
paramedics and two (2) EMTs. There must be at least one person assigned as the
department's designated vehicle operator, and at least one officer/supervisor assigned as
the "AMBUS Crew Chief."
16) Provide personnel that are licensed to operate/drive the vehicle in compliance with the
Texas Department of Public Safety. Personnel operating the vehicle must, at a minimum,
hold a state-approved Class B driver's license and complete the Receiving Agency's
designated driving program. At least 75% of assigned AMBUS drivers must complete a
specialized EMTF AMBUS driver course of instruction within two years of accepting the
CONTRACT to host the AMBUS, if courses and training seats are available.
17) Provide defined minimum staffing within identified response times for no-notice and short-
notice events, including state-directed EMTF mission assignments.
18) Provide defined minimum staffing within identified response times for"notice" events.
AMBUS Project 2021 Schedule (A) 2 of 3
19) Identify all points of contact within CBRAC's EMResource platform, keep these points of
contact up-to-date, and acknowledge tests, actual alerts, and activations on a 24/7/365
basis.
20) Report AMBUS status change through state-designated online systems, and file after action
reports denoting AMBUS activities and lessons learned.
21) Provide minor equipment as needed for use within the AMBUS for purposes such as
administrative support and cleaning.
22) Participate in training and exercise requirements (vehicle orientation and loading, and at
least one full-scale exercise annually). Crew training will be documented in accordance with
Texas Disaster Medical System (TDMS) standards.
23) Conduct ongoing quality and performance improvement efforts.
24) When reasonable, participate in events hosted both regionally and by state authorities that
may require periodic overnight travel.
25) Request CBRAC approval of any AMBUS alterations in advance of conducting alteration
work.
26) Participate as an active member of EMTF-11 Subcommittee.
27) Notify CBRAC and make report in designated online system if the AMBUS is taken out of
service for a period greater than one (1) hour.
28) Notify CBRAC if replacement of damaged or non-functional equipment is required.
29) Notify CBRAC for approval of any needed upgrades regarding the AMBUS.
30) Notify CBRAC for consideration by EMTF stakeholders, of any recommended changes to
AMBUS- related medical response capabilities.
31) Request CBRAC approval of change to designated AMBUS host locations in advance of
any permanent relocation.
32) Be responsible to ensure that the AMBUS apparatus, equipment, and supply items are
continuously maintained in a manner to ensure the safe operations, operational readiness,
response capability and effectiveness, and structural integrity of the AMBUS over the
course of ownership and/or possession.
33) Conduct an annual inventory of all equipment and provide results to CBRAC or as required
by special audit. CBRAC will make every effort to provide support to Receiving Agency
during the inventory process as requested.
34) Maintain HPP performance measures as outlined in Exhibit C.
B. CBRAC shall:
1) Allow the AMBUS to remain in the possession of the Receiving Agency with the
understanding that the Receiving Agency will commit to its responsibilities as outlined in
this CONTRACT.
2) Monitor the performance of the Receiving Agency in regards to performance under this
CONTRACT and advise the Receiving Agency of any and all concerns regarding
performance.
3) Using standard HPP-specific inventory forms and processes, CBRAC will conduct an
annual or special inventory of the AMBUS and ancillary equipment. Receiving
Agency will provide support to CBRAC during the inventory process as requested.
4) Provide copies of manufacturers' manuals and warranty statements as available.
5) Support appropriate planned costs of operation of the AMBUS for HPP-sanctioned
exercises conducted outside the Receiving Agency's jurisdiction, when allowed under
HPP contract and as mutually agreed by both the Receiving Agency and CBRAC.
---------- End of Schedule (A) ----------
AMBUS Project 2021 Schedule (A) 3 of 3
EXHIBIT (A)
EQUIPMENT LIST
AMBUS PROJECT 2021
1. The Contractor will assume financial and legal responsibility for liability and insurance for a
value no less than the total replacement cost of vehicle and supplied equipment as provided
below:
a. CBRAC will provide the following:
1. General Truck and Body, Ambulance Bus 2.0
2. (2) powered rolling gurney -type stretchers
3. (20) Talon II collapsible litters
4. (1) WVSM Kit(20 WVSMs, 2 cases)
5. (1) MSAT unit and ancillary equipment
6. (2) Cardiac Monitors with ancillary equipment
7 (6) H size medical 02 cylinders on a temporary basis
8 (22) 02 regulators for patient use of onboard oxygen system
b. The agency awarded the AMBUS 2.0 must agree to provide the following equipment:
1. One 700 - 800 / VHF commercial dual band mobile radio and ancillary
equipment
2. One 700 - 800 / UHF commercial dual band mobile radio and ancillary
equipment
3 Medications for MICU care per agency protocols
4 EMS supplies for MICU care of multiple patients
5. Bulk medical supplies for care of pts
6. Backboards /stair chairs
7. Laptops /ePCRs for provider use, docking stations and ancillary
equipment
8. (6) H size medical 02 cylinders
9. Other item(s) as set forth by the TXEMTF AMBUS Workgroup to
standardize all AMBUS(s) statewide
Total acquisition value of above items for insurance purposes is: $1,000,000.00
AMBUS Project 2021 Exhibit (A) 1 of 1
EXHIBIT (B)
AFFIDAVIT OF INSURANCE
OR OTHER MEANS OF REPLACEMENT
AMBUS PROJECT 2021
Receiving Agency:
Address:
City, State, Zip code
In accordance with Section IV, paragraph (A)(6), of Schedule (A) to the AMBUS Project
Interlocal Cooperation Contract,
, hereby swear or affirm that
(Insert Signatory Name Above)
holds the required amount of
(Insert Receiving Agency Name Above)
insurance, or other means of replacement, for the total value of the AMBUS and issued
equipment.
El Check box if insurance is provided by a third party
Check box if Receiving Agency is self-insured
ATTEST.
< Insert Signature Above>
<Insert Printed Signatory Name Above>
<Insert Printed Signatory Title Above>
<Insert Date of Signature Above>
fl Third Party insurance certificate is attached
Return form(s) to: CBRAC
PO Box 18460
Corpus Christi, TX 78480
End of Exhibit (B) —
EXHIBIT (C)
HPP Performance Measures
AMBUS PROJECT 2021
Receiving Agency:
Address:
City, State, Zip code
The Receiving Agency shall:
• Maintain record of all MPV responses and/or mutual aid activity at the local,
regional, and state level.
• Maintain record of participation in all MPV local and/or state sponsored special
event support.
• Maintain record of participation in all local, regional and/or state sponsored
training and exercise events.
• Attend minimum of 75% of all state TXEMTF AMBUS meetings.
• Participate in a minimum of 75% of regional communications drills and 80% of
state sponsored AMBUS MSAT drills.
• Participate in a minimum of one DPS AMBUS driving course biannually.