HomeMy WebLinkAboutEmergency Medical Dispatch Services
Augusta Richmond GA
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YEAR: q\
BOX NUMBER: D 3
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EMERGENCY MEDICAL DISPATCH SERVICES AGREEMENT
TH~S AGREEMENT is made and entered into on this ~ day of
&~"51 , 1997, by and be,tween EMS VENTURES, INC., d/b/a
RURAL/METRO AMBULANCE ("Rural/Metro") and AUGUSTA, GEORGIA
("City") I effective on Se-n / , 1997, (the "Effective Date") .
RECITALS:
A. City currently operates a Public Safety Answering Point (PSAP)
for Richmond County.
'B. Rural/Metro operates an emergency medical dispatch center the
("Rural/Metro Communication Center") and wishes to cooperate
with City by performing centralized ambulance/medical
dispatching services.
C. City desires that Rural/Metro operate as a PSAP to facilitate
the transfer of Automatic Number Index and Automatic Location
Index (ANI/ALl) information.
NOW THEREFORE, in consideration of the foregoing recitals and the
mutual covenants and promises hereinafter set forth, and other good
and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
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1.2
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ARTICLE (1
RESPONSIBILITIES OF AUGUSTA, GEORGIA
City shall transfer to the Rural/Metro Communications Center
all calls seeking Emergency Medical Services ("EMS") that it
receives at its emergency dispatch center located at 911 4th
Street, Augusta, Georgia; provided, however, that should City
implement a "first responder" system, the City may, in its
sole discretion, transfer calls seeking EMS services to its
"first responder" system.
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To the extent allowed by law, the City hereby covenants and
agrees that it shall be solely responsible for any and all
claims, losses, costs or expenses that occur as a result of
its negligent acts or omissions in the performance of its
responsibilities under this Agreement, and shall hold harmless
Rural/Metro as to any such negligent acts or omissions.
Nothing herein contained, however, shall be construed as a
waiver of sovereign immunity or other immunity that the City
may have incident to the operation of E-911.
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ARTICLE II
RESPONSIBILITIES OF RURAL/METRO
2.1 Rural/Metro shall accept all calls for emergency medical
services that are transferred from City and respond
appropriately in accordance with established protocols.
2.2 Rural/Metro, if appropriate, shall forward EMS calls to the
appropriate EMS authority of the jurisdiction from which the
call originated. EMS authorities beyond the boundaries of
Augusta, Georgia will be responsible for dispatch services
and/or dispatches transpiring subsequent to the appropriate
transfer of EMS calls from the Rural/Metro Communications
Center.
2.3 Rural/Metro will pay all costs associated with additional
telephonic requirements to accommodate the needs of the PSAP
designation for the Rural/Metro Communications Center.
2.4 Rural/Metro shall indemnify and hold harmless City and its
agencies, officers, elected officials, employees and agents
from and against any and all claims, losses, costs or
expenses, including reasonable attorney fees, arising out of
bodily injury (including death) or property damages that occur
as a result of its negligent acts or omissions in the
performance of its responsibilities hereunder.
2.5 Rural/Metro will maintain liability insurance for the acts and
omissions of its employees, agents and officers with a limit
of at least $2,000,000 and furnish evidence of such insurance,
including any renewal, to the City.
2.6 Rural/Metro agrees to honor any valid requests for information
as required by the Georgia Open Records Act pertaining to the
delivery of 911 services for calls originating through the 911
system.
2.7 Dispatch and response protocols will be determined by
Rural/Metro Communications Center in accordance with
applicable Federal and State statutes and regulations. ~
ARTICLE III
TERM AND TERMINATION
3.1 Term and Termination. This Agreement shall commence upon the
Effective Date shown above and shall continue for a period
ending on July 7, 2001, or upon the earlier termination of
that certain Agreement between EMS Ventures, Inc., a Georgia
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corporation, d/b/a Rural/Metro Ambulance, and University
Health Services, Inc., d/b/a University Hospital, dated June
21, 1996. This Agreement shall automatically renew for
additional one (1) year periods unless canceled at any time,
in writing, by either party giving the other party thirty (30)
days advance written notice prior to such cancellation.
ARTICLE IV
OTHER PROVISIONS
4.1 Equipment Costs. All equipment costs (to include maintenance,
repair and replacement parts) and monthly recurring charges
and training of Rural/Metro personnel incurred as a result of
the establishment and operation of the new PSAP by Rural/Metro
shall be the sole responsibility of Rural/Metro.
4.2 911 Fees. City shall retain sole authority to impose and
collect a monthly 911 charge upon each exchange access
facility subscribed to by telephone subscribers in Richmond
County. The City shall further retain the sole authority for
expenditures from said fund in accordance with a.C.G.A. ~ 46-
5-134(e). Without limiting the generality of the foregoing,
it is expressly understood and agreed that the City has the
sole authority and discretion to reaffirm the necessity of the
E-911 charge and to establish the amount of the monthly E-911
charges for telephone subscribers in Richmond County.
4.3 Coordination. The City and Rural/Metro shall develop a
standard operating procedure for the continued safe operation
and coordination of the E-911 System in Richmond County,
including the necessary coordination and communications
between the two PSAP locations.
4.4 Primary PSAP Failure. The parties expressly agree that in the
event there is some damage to or failure of the primary PSAP
located at 911 4th Street in Augusta, Georgia, Rural/Metro
shall provide immediate access to the City to allow the City
to use the PSAP communication system of Rural/Metro until the
primary PSAP is repaired or otherwise placed back in service.
4.5 Bindinq Effect. This Agreement shall be binding upon and
shall inure to the benefit of the parties hereto, their
respective successors, assigns or other legal representatives.
4.6 Independent Contractor. Rural/Metro, its employees, agents
and representatives shall be independent contractors and shall
in no way be deemed as a result of this Agreement to be the
employees of City. The employees of Rural/Metro are not
entitled to any of the benefits that City provides for its
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employees.
4.7 Governinq Law. This Agreement shall be subj ect to and
governed according to the laws of the State of Georgia
irrespective of the fact that either party is or may become a
resident of another state.
4.8 Notices. Any notice required or permitted to be given
pursuant to any provisions of this Agreement shall be given in
writing, and either delivered in person, by electronic
transmission, deposited in the United States mail, postage
pre-paid, registered or certified mail, return receipt
requested, properly addressed, or by a nationally recognized
overnight courier service, to the following addresses:
Rural/Metro Corporation
8401 East Indian School Road
Scottsdale, Arizona 85251
Attn: General Counsel
Augusta, Georgia
c/o Administrator
801 Municipal Building
530 Greene Street
Augusta, GA 30901
Additional copy to:
Sheriff Charles B. Webster
Richmond County Sheriff's Department
401 Walton Way
Augusta, Georgia 30901
The notification addresses listed above can be changed by either
party with proper notice as listed above.
4.9 Entire Aqreement. This Agreement constitutes the entire
agreement and understanding between the parties with respect
to the subject matter hereof and supersedes any previous
agreement or understanding, wheth~r oral or otherwise. No
modification of this Agreement shall be valid unless in
writing and signed by each of the parties hereto.
4.10 Assiqnment. No right or obligation hereunder may in any way
whatsoever be assigned or delegated to a third party without
the express prior written consent of the other party hereto,
and any attempted assignment without such consent shall be
considered null and void.
4.11 Leqal Fees.
In the event either party brings any action for
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any relief, declaratory or otherwise, arising out of this
Agreement, or on account of any breach or default hereof, each
party shall pay and be responsible for its own attorney's
fees, costs and expenses related to such action. Venue for
any such action shall be in the Superior Court of Richmond
County, Georgia.
4.12 Severability. If any portion or portions of this Agreement
shall be for any reason invalid or unenforceable, the
remaining portlon(s) shall be valid and enforceable and
carried into effect unless to do so would clearly violate the
present legal and valid intention of the parties hereto.
4.13 Counterparts. This Agreement may be executed in several
counterparts, each of which shall be an original, but all of
which shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by their authorized representatives on the day and
year first above written.
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