Municipal Authority

M3 A-B City of Sand Springs Agenda Form Meeting Date:____________ OCT 28 2024 Agenda:_______________ CC & MA Item:____________ Consent Yes Signature Items:__________ City Clerk Janice L. Almy Presented by:____________________________ Minutes of City Council and Subject:____________________ Municipal Authority meetings ____________________________________________________ M3 A-B Item #:_____________ Cost:_________BBBB N/A Approval Recommendation:____________________ )LQDQFH5HYLHZ: No Yes /HJDO5HYLHZ: 'HSDUWPHQW+HDG5HYLHZYes 6\QRSVLV: Council may consider the approval, denial, amendment, or revision of the following minutes: September 16, 2024 special City Council meeting September 16, 2024 special Municipal Authority meeting September 23, 2024 regular City Council meeting October 11, 2024 special Whataburger Ribbon Cutting Ceremony October 22, 2024 special City Council/Municipal Authority meeting Details: Requesting approval, denial, amendment, or revision of the minutes of the September 16, 2024 special City Council meeting, September 16, 2024 special Municipal Authority meeting, September 23, 2024 regular City Council meeting, October 11, 2024 special Whataburger Ribbon Cutting Ceremony, and the October 22, 2024 special City Council/Municipal Authority meeting. $WWDFKPHQWV: CC2024-09-16 special minutes MA2024-09-16 special minutes CC2024-09-23 regular minutes CC2024-10-11 special ribbon cutting ceremony minutes CC/MA2024-10-22 special minutes  SPECIAL MINUTES Sand Springs Municipal Authority September 16, 2024 – Following City Council Sand Springs Municipal Building 100 East Broadway Street – Council Chambers, First Floor Sand Springs, Oklahoma 74063 www.sandspringsok.org MEMBERS PRESENT: Chairman Jim Spoon Vice Chairman Beau Wilson Trustee Cody Worrell Trustee Mike Burdge Trustee Nancy Riley Trustee Brian Jackson Trustee Matt Barnett ALSO PRESENT: City Manager Michael S. Carter Assistant City Manager Jennifer M. Swezey City Attorney David Weatherford Assistant Secretary Dawn Gilmartin ABSENT: None The Sand Springs Municipal Authority met in special session on September 16, 2024, in the Council Chambers of the Sand Springs Municipal Building pursuant to the special meeting notice and agenda filed with the City Clerk’s office and posted at 9:30 a.m. on September 12, 2024, on the display board located at the front entrance of the Sand Springs Municipal Building (City Hall), 100 East Broadway Street, Sand Springs, Oklahoma 74063. 1. Call to Order Chairman Spoon called the meeting to order at the noted time of 6:13 p.m. 2. Roll Call Chairman Spoon called for an individual roll call with members replying in the following manner: Trustee Jackson, here; Trustee Barnett, here; Trustee Burdge, here; Chairman Spoon, here; Vice Chairman Wilson, here; Trustee Riley, here; Trustee Worrell, here.  MUNICIPAL AUTHORITY MINUTES SEPTEMBER 16, 2024 PAGE 2 3. Minutes of Municipal Authority Meeting Mayor Spoon informed Trustees of the approval, denial, amendment, or revision of the minutes of the August 26, 2024, regular Municipal Authority meeting. A motion was made by Vice Chairman Wilson and seconded by Trustee Worrell to approve the minutes of the August 26, 2024 regular Municipal Authority meeting. Chairman Spoon called for the vote recorded as follows: Trustee Worrell, aye; Trustee Riley, aye; Vice Chairman Wilson, aye; Chairman Spoon, aye; Trustee Burdge, aye; Trustee Barnett, aye; Trustee Jackson, aye. The motion carried 7-0-0. 4. Adjournment The meeting adjourned at the noted time of 6:14 p.m. _______________________________ Dawn Gilmartin, Assistant Secretary  SPECIAL MEETING MINUTES Sand Springs City Council and Sand Springs Municipal Authority Trust October 22, 2024 – 11:30 a.m. Sand Springs – Spring Lake Municipal Complex 13101 West 46th Street Conference and Breakroom Sand Springs, OK 74063 www.sandspringsok.org MEMBERS PRESENT: Mayor/Chairman Jim Spoon Vice Mayor/Vice Chairman Beau Wilson Councilor/Trustee Brian Jackson Councilor/Trustee Mike Burdge Councilor/Trustee Nancy Riley ALSO PRESENT: City Manager Michael S. Carter Assistant City Manager Jennifer Swezey City/Authority Attorney David L. Weatherford City Clerk/Secretary Janice L. Almy ABSENT: Councilor/Trustee Matt Barnett Councilor/Trustee Cody Worrell The Sand Springs City Council/Sand Springs Municipal Authority Trust met in special session on October 22, 2024, in the Conference and Breakroom of the Sand Springs Spring Lake Municipal Complex pursuant to the regular meeting notice and agenda filed with the City Clerk’s office and posted at 11:30 a.m. on October 17, 2024, on the display board located at the front entrance of the Sand Springs Municipal Building (City Hall), 100 East Broadway Street, Sand Springs, Oklahoma 74063 1. Call to Order Mayor/Chairman Spoon called the meeting to order at the noted time of 11:40 a.m. 2. Roll Call Mayor/Chairman Spoon called for an individual roll call with members replying in the following manner: Councilor/Trustee Worrell, No response; Councilor/Trustee Barnett, no response; Councilor/Trustee Burdge, here; Councilor/Trustee Riley, here; Vice Mayor/Vice Chairman Wilson, here; Councilor/Trustee Jackson, here; Mayor/Chairman Spoon, here.  CITY COUNCIL/SAND SPRINGS MUNICIPAL AUTHORITY MINUTES OCTOBER 22, 2024 PAGE 2 It was noted for the record that Councilor/Trustee Barnett and Councilor/Trustee Worrell were absent from said meetings. 3. New and Ongoing Projects and Events Discussion – Informational Only (A-K) Council/Trustees and staff discussed the following new and ongoing projects and events: A) Water and Waste Water Division Supervisor Ken Boswell informed Council/Trustees of the temporary change in the water disinfection process for the maintenance of our water system. The temporary change will begin the first week of December 2024 and will be completed in six to eight weeks. Due to the change and maintenance, including the flushing and checking of lines, the water may have a different color or taste during this time, but is completely safe to consume. B) Water and Waste Water Division supervisor Ken Boswell informed Council/Trustees of the Environmental Protection Agency (EPA) un-funded mandate of completing a lead service line inventory and complete any necessary updated within the next ten (10) years. C) Fire Chief Jeremy Wade provided a brief overview relating to Emergency Medical Services (ambulance service), the proposed agreement, and fee schedule. D) Fire Chief Jeremy Wade provided a brief overview of proposed Ordinance No. 1422 relating to fireworks sales, discharge, and other uses regulated for events and citizen use of fireworks within the city limits. E) City Planner Brad Bates provided a brief overview of proposed Ordinance No. 1420 relating to nonconforming signs and lawful continuance of outdoor advertising signs, permitting the modification, update, and repair of outdoor advertising signs that are pre-exiting, as recommended by the Sand Springs Planning Commission. F) City Manager Michael S. Carter informed Council/Trustees of Water Improvement District No. 14 of Tulsa County Contract Amendment for water purchase, noting the updates to the terms of service. G) Airport Supervisor Ken Madison provided a brief update regarding the installation of Jet-A Fuel System and the need for a 3,000 gallon Jet-A Fuel truck. It was noted that the State approved the grant on October 9, 2024, and staff is waiting for the State’s Notice to Proceed for the project.  CITY COUNCIL/SAND SPRINGS MUNICIPAL AUTHORITY MINUTES OCTOBER 22, 2024 PAGE 3 H) Public Works Engineer Jeff Westfall provided a brief update relating to the Berryhill School Sewer project, noting the Notice to Proceed was issued for a start date of November 4, 2024. The project completion date is estimated for July 2025 (270 days). I) Public Works Director/City Engineer informed Council/Trustees that the William R. Pogue Airport Sanitary Sewer project is underway. J) City Manager Michael S. Carter informed Council/Trustees bids were received and opened this morning for the Sheffield Crossing Development – Phase 3 project. Low bidder was Tri Star for $146,000. Staff is reviewing the bids and will be request Council’s consideration at the October 28, 2024, City Council meeting. K) City Manager Michael S. Carter provided updates regarding various roadway projects such as the 41st Street Overlay project – Phase I and II, and the 113th Roadway Widening project, milling/overlay projects, and the proposed installation of warning/flashing signs for 41st Street near the Teal Ridge and Rolling Oaks development areas. Item No. 3A-K was for informational purposes only. Councilor Jackson left the meeting at the noted time of 1:07 p.m. 4. City Manager’s and Council/Trust Members’ Report The City Manager and Council/Trust Members provided updates regarding recent and upcoming events and projects, events of interest, and the general operations of the City, as follows: A) City Manager Michael S. Carter reminded Councilors/Trustees of the Council Retreat scheduled for Friday, October 25, 2024, beginning at 9:00 a.m. B) City Manager Michael S. Carter provided an update regarding the Sheffield Crossing Development area. C) City Manager Michael S. Carter stated an update regarding the South Main Development area and a meeting is scheduled with the developers later this afternoon. D) City Manager Michael S. Carter provided an update regarding the grading project for the 65-acres Housing Development project.  CITY COUNCIL/SAND SPRINGS MUNICIPAL AUTHORITY MINUTES OCTOBER 22, 2024 PAGE 4 E) City Manager Michael S. Carter stated that staff continues to work with the Sand Springs Development Authority relating to the Box District as a part of future Urban Renewal Plans. F) City Manager Michael S. Carter informed Council/Trustees of a recent meeting held with representatives of OmniTrax and related development area. G. City Manager Michael S. Carter stated staff continues to work on obtaining pre-prepositioned contracts relating to debris management site and disaster response events. H. City Manager Michael S. Carter stated there was no information to report at this time relating to emergency or critical issues relating to City/Municipal Authority facilities and properties. I. City Manager Michael S. Carter stated there was no information to report at this time relating to upcoming special events, programs, and holidays within the next 30 days. This item was for informational purposes only. 5. Adjournment The meeting adjourned at the noted time of 1:23 p.m. ________________________________ Janice L. Almy, City Clerk  M3C City of Sand Springs Agenda Form Meeting Date:____________ OCT 28 2024 Agenda:_______________ CC & MA Item:____________ Consent Yes Signature Items:__________ City Manager and/or City Attorney Presented by:____________________________ Water Improvement District Subject:____________________ No. 14 of Tulsa County Contract Amendment ____________________________________________________ M3C Item #:_____________ Cost:_________BBBB 0 Approval Recommendation:____________________ )LQDQFH5HYLHZ: Yes Yes /HJDO5HYLHZ: 'HSDUWPHQW+HDG5HYLHZYes 6\QRSVLV: Requesting approval, denial, amendment, or revision of an amendment to the water sales contract with Rural Water District No. 14. Details: The amendment to the existing water sales contract only contains one provision that is changed, allowing the district to pledge its water sales contract as security for a a rural development loan from USDA. The term of the water sales agreement remains at one year, and the service provided should not change in any way. This amendment has been drafted by RWD14 and is at their request. $WWDFKPHQWV: RWD14 Amendment to Agreement  AMENDMENT TO CONTRACT FOR SALE OF WATER This AMENDMENT TO CONTRACT FOR SALE OF WATER (“Amendment”) is entered into as of the ____day of ___________ 2024, by and between the City of Sand Springs, Oklahoma, hereinafter referred to as “City” and the Tulsa County Water Improvement District No. 14, hereinafter referred to as “District”, for the sale and purchase of water. This AMENDMENT TO CONTRACT FOR SALE OF WATER amends the CONTRACT FOR SALE OF WATER dated November 1, 1975, (the “Contract”), between the Parties. WITNESSETH WHEREAS, District is obtaining financing from the United States of America, acting through Rural Utilities Service of the United States Department of Agriculture to make improvements to their water system; and WHEREAS the parties to said Contract mutually desire to amend said Contract; NOW THEREFOR, in consideration of the mutual promises, covenants and conditions set forth in said Contract, the parties thereto have agreed and do hereby agree to amend said Contract as follows: The following paragraph 9 shall be added under the heading, It is mutually agreed between the City and District as follows: 9. PLEDGE OF SECURITY: This Contract and amendments thereto may be pledged as security to the United States of America, acting through Rural Utilities Service of the United States Department of Agriculture for the purpose of securing loan(s) made to District. In witness whereof, City and District, acting under authority of their respective governing bodies, have caused this Amendment to be duly executed in multiple counterparts, each of which shall constitute an original. [Signature Page is Next] 1 DATED this _____day of __________, 2024. CITY OF SAND SPRINGS, OKLAHOMA SAND SPRINGS MUNICIPAL AUTHORITY By: ___________________________ By: ___________________________ Title: Mayor Title: Chairman Attest: _________________________ Attest: _________________________ Title: City Clerk Title: Secretary (SEAL) (SEAL) WATER IMPROVEMENT DISTRICT NO. 14 OF TULSA COUNTY, OKLAHOMA By: ________________________________ Title: Chairman Attest: _____________________________ Title: Secretary (SEAL) 2  M3D City of Sand Springs Agenda Form Meeting Date:____________ OCT 28 2024 Agenda:_______________ CC & MA Item:____________ Regular Yes Signature Items:__________ Jeremy Wade Presented by:____________________________ Resolution No. 25-11--Ambulance Subject:____________________ Services ____________________________________________________ M3D Item #:_____________ Cost:_________ $360,000 BBBB Approval Recommendation:____________________ )LQDQFH5HYLHZ: Yes Yes /HJDO5HYLHZ: 'HSDUWPHQW+HDG5HYLHZNo 6\QRSVLV: Council may consider the approval, denial, amendment, or revision of Resolution No. 25-11, a resolution of the City Council of the City of Sand Springs, Oklahoma, concerning ambulance services, authorizing mutual aid agreements, and authorizing a contract for ambulance services. Details: The City of Sand Springs is currently served by EMSA as the sole provider for ambulance service. A recent RFP (request for proposal) was released, of which, Mercy Regional EMS and AMR Global Response submitted bids. EMSA did not bid, and advised they would continue service under the current model, if requested. Mercy Regional was given a letter of intent to proceed with a contract proposal. Before Council is the said contract. Some of the noted changes requested were: Ambulances "dedicated (housed)" in the city, all ambulances staffed at the PLS (paramedic life support) level, and compliance with response times for emergency calls. In short, Mercy agreed to: 1. Three paramedic level trucks dedicated to the City of Sand Springs 2. Each truck staffed with a minimum of 1 paramedic and at least 1 basic EMT (emergency medical technician) 3. Response time to emergency calls in 10 minutes 59 seconds or less with 90% reliability for Sand Springs City Limits and outside city limits within SSFD primary response area If approved, the annual subsidy will be $30,000 per month. Also included is the proposal for re-structuring of the EMS (emergency medical service) fee on the water utility bill. In short, citizens attached to this contract will pay $3.25 inside city limits, and $5.00 outside city limits. $WWDFKPHQWV: Resolution No. 25-11 Mercy Regional EMS contract EMS Fee Schedule  CITY OF SAND SPRINGS SAND SPRINGS, OKLAHOMA RESOLUTION No. 25-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAND SPRINGS, OKLAHOMA CONCERNING AMBULANCE SERVICES, AUTHORIZING MUTUAL AID AGREEMENTS, AND AUTHORIZING A CONTRACT FOR AMUBULANCE SERVICES. WHEREAS, the City of Sand Springs has been served by EMSA for ambulance services for a number of years. In 2024, the City advertised for and solicited proposals from ambulance providers in the area, interviewed two companies that submitted proposals, and recommends an agreement as set forth herein. EMSA did not submit a proposal. WHEREAS, approval of an agreement will ensure continuity in service and provide ambulance services for the residents of the City and surrounding areas. WHEREAS, mutual aid agreements with local fire departments are necessary to ensure service is provided for the areas surrounding Sand Springs. WHEREAS, modification of the existing master fee schedule is necessary as set forth below to ensure the best possible service for the residents of the City and the surrounding area. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Sand Springs, Oklahoma, as follows: 1. The City Manager or designee is authorized to enter into mutual aid agreements with Green Country Fire Protection District, Rock Fire District, and Keystone Fire District, and any other area fire department that may be necessary to implement ambulance service for the region, said agreements to provide for mutual assistance in providing emergency services. 2. The Mayor and/or City Manager are authorized to execute an agreement with Centurion Health Systems, Inc., d/b/a Mercy Regional of Oklahoma ("MERCY") for ambulance services. 3. The master fee schedule is modified as follows:  Customer Description Mandatory “EF” Optional “FS Type COSS EMS/Mercy Care Rural Fire Subscription Fee Fee SS/RE/I Sand Springs $3.25 N/A Residential City Limits SS/RE/O Sand Springs $5.00 $5.00 Residential Outside City Limits “CE” COSS Employee Inside $0 $0 or Out Except COSS Employee In Rock Fire District $3.00 Green Country Fire Cycle 02 $5.00 N/A Cover Area Routes 82,84,85,86,87,04,05 “RK” Rock Fire District $5.00 $3.00 Cycle 01 $2.90 Rock Fire Fee Routes 93, 07,08 $.10 COSS Admin Fee “KF” Keystone Fire $5.00 N/A Cycle 02 Route 60 “CR” Creek County EMS $4.00 $5.00 Cycle 01 Route 60 “MU” Multi-Unit Matches SS/RE Includes D14 Inside and Out 85% occupancy “D1” Water District 1 Matches SS/RE/O Sand Springs Residential Outside • EF- “EMS Fee” COSS EMS/Mercy Care Fee ( Mandatory) • FS- “Rural Fire Subscription” ( Opt-out possible) Dated this 28th day of October 2024. CITY OF SAND SPRINGS, OKLAHOMA _______________________________________ James O. Spoon, Mayor ATTEST: _____________________________ Janice L. Almy, City Clerk Approved as to Form: ______________________________ David L. Weatherford, City Attorney  1.1 Term (First Renewal Agreement). The Term of this Agreement shall commence on the Effective Date of January 15, 2025. It renews and renders void as of the Effective Date, that original Ambulance Service Agreement with an effective date ________________, and an expiration date of ___________. All rights, duties, obligations, authorizations, terms, and conditions created hereby shall commence on the Effective Date and shall continue thereafter through ________ (“Expiration Date”). The Parties understand, agree, and acknowledge that the City shall incur no financial obligations whatsoever with respect to the performance of this Agreement and this Agreement is therefore exempt from limitations that the Constitution of the State of Oklahoma and Oklahoma Statutes would otherwise impose on obligations that extend beyond the current Fiscal Year. 1.2 Renewal. City and Mercy agree that they shall have the option to renew this Agreement upon the expiration of the current Term and any subsequent term. Renewal may be for such term and contain such other provisions and conditions as the Parties negotiate prior to the Expiration Date. This Agreement shall be renewed for additional five-year terms unless either party notifies the other at least ninety (90) days prior to the Expiration Date if its intent not to renew. Renewal shall be memorialized by the issuance of a subsequent agreement in substantially the form of this Agreement. 1.3 Termination. This Agreement may be canceled by either Party with one hundred eighty (180) days’ notice for any stated reason or no reason. During such one hundred eighty day (180) day period, the parties may negotiate any objectionable terms or desire for amendment or the party giving notice may elect to act in accordance with its notice with no duty to negotiate. 1.4 Breach. In the event of a non-material breach of the conditions of this Agreement, the non-breaching party shall give the breaching party thirty (30) days’ notice of such non-material breach as time to cure and may terminate this Agreement upon expiration of such thirty (30) day notice period without cure. In addition, a non-breaching party shall further have the right to terminate this Agreement immediately upon the occurrence of any material breach by the other party, with no duty or obligation to provide notice or time to cure. Materiality shall include any breach that presents a serious risk of injury, mistreatment or death of a patient or presents a substantial likelihood of serious impairment to the rights and powers of the non-breaching part. 1.5 Material Change of Condition. Mercy must provide the Oklahoma Department of Health and the City written notice of any change in financial, staffing, or other conditions that may reasonably be expected to affect adversely Mercy’s capacity to provide the service contracted for under this Agreement. Such notice must be submitted within ten (10) calendar days of any such change of conditions, as described. II. RESPONSIBILITIES OF MERCY 2.1 Availability. Mercy shall assign at least three (3) permanent ambulances to the Service Area, and such ambulances shall be based with the City of Sands Springs on a 24-hour per day/7 day per week basis. 2.2 Paramedic Life Support. Mercy shall provide at least three (3) Paramedic Life Support ambulances on a full-time basis to the Service Area for emergency responses on a 24-hour per day/7 day per week basis.  2.3 Paramedic Life Support Qualified Personnel. Mercy shall provide competent and duly qualified personnel to attend at least three (3) Paramedic Life Support ambulances on a full-time basis in the Service Area for emergency responses. Such personnel shall be stationed within the City of Sand Springs except only during transport that may temporarily remove them from the limits of the Service Area. 2.4 Additional Ambulance Service. For the provision of additional emergency or non- emergency transports that may be required when the primary ambulances that is stationed in the City is called to an emergency, Mercy shall dispatch an additional ambulance at the earliest possible opportunity to affect such additional transports without affecting the response time performance of the primary ambulances. 2.5 Emergency Response Coordination. The City of Sand Springs Emergency Medical Response Agency (First Responders) (“EMRA”) was established by and operates in accordance with Title 5, Chapter 2, Article B, of the City of Sand Springs Code of Ordinances. Sand Springs Fire Department members who are certified by the Oklahoma Department of Health in accordance with the Oklahoma Emergency Response Systems Development Act and in accordance with rules and regulations promulgated by the Oklahoma Board of Health are designated as the EMRA. Under the supervision of, and in accordance with, protocols established by the Mercy Medical Director, as set forth in Article V of this Agreement, the EMRA shall provide appropriate emergency medical services at the scene of an incident requiring emergency medical services, excluding transport. The EMRA may utilize certified emergency medical responders and/or licensed emergency medical personnel, as those terms are defined in Title 63 of the Oklahoma Statutes, Sections 1-2503(7) and (17), as so designated by the City, and under the direction and control of the Mercy Medical Director. Mercy, in connection with its provision of services to the City, shall coordinate its emergency response actions with the EMRA to provide the most prompt, efficient and professional emergency medical services. III. AMBULANCE EQUIPMENT 3.1 Minimum Equipment Standards. Mercy will always supply emergency equipment in compliance with Oklahoma Emergency Medical Services Regulations, OAC 310:641-3-23, Equipment for Ground Transport Vehicles, to include without limitation: Essential Basic Medical Equipment, Advanced Life Support Medical equipment and Mandatory Extrication Equipment. The Sand Springs Fire Department must provide all heavy extrication services. 3.2 Business Name. The “Mercy Regional EMS” business name will be placed on each side and rear of each ambulance or other vehicle used for providing medical services to the Service Area for ready identification. Additionally, each ambulance will provide the “Serving the Citizens of Sand Springs” with COSS logo on the sides. 3.3 Vehicle Maintenance. All Mercy vehicles shall always be in good mechanical and serviceable condition so as not to be hazardous to patient(s) or crew members. All preventative maintenance schedules shall be readily accessible during regular business hours to a City representative. 3.4 Emergency Permit. All Mercy vehicles utilized in connection with this Agreement shall have a permit and/or inspection decal affixed by the Oklahoma State Department of Health – EMS Division with no less than a Class “B” permit which indicates compliance with applicable statutes and regulations as a primary “first out” emergency vehicle.  3.5 Disposable Medical Supplies. Mercy will replace all disposable medical supplies utilized by the Emergency Medical Response Agency as identified on Exhibit A, Inventory Resupply List, at no charge to the City of Sand Springs. IV. STAFFING 4.1 Minimum Personnel. Each ambulance that Mercy dedicates to the Sand Springs Service Area shall have on staff an adequate number of emergency medical services personnel to respond effectively to all calls. Specifically, Mercy will provide as a minimum: one Emergency Medical Technician at the Basic level and one Emergency Medical Technician at the Paramedic level who will respond to any emergency. The only exception shall be in the event of a disaster or when a secondary ambulance is responding to an event pursuant to a mutual aid agreement. 4.2 EMS Paramedic. Under no circumstance during the transport of an emergency ambulance patient by the primary ambulance assigned to the Service Area will the attendant be qualified as less than a licensed EMS Paramedic. 4.3 Driver Qualifications. In addition, each ambulance shall have a driver who is qualified as not less than an EMT Basic. 4.4 Exceptions for Documented Disasters. In unique and unexpected circumstances, including a disaster, the minimum driver requirement may be altered to facilitate the transport of an emergency patient with a law enforcement officer, firefighter, or authorized Emergency Medical Responder as driver. In this event, a written report of the circumstances, reason and any other pertinent information regarding the call will be forwarded to the State of Oklahoma Department of Health, EMS Division with copies forwarded to the City within ten (10) working days. V. PHYSICIAN MEDICAL DIRECTOR 5.1 Medical Director Qualifications. Mercy shall agree at all times to employ a physician Medical Director who is a fully licensed, non-restricted Doctor of Medicine (M.D.) or a Doctor of Osteopathy (D.O.) in the State of Oklahoma and who shall act as the medical advisor to Mercy and shall monitor and direct patient care provided by Mercy and by the City of Sand Springs Emergency Medical Response Agency, as set out in Section 2.5 of this Agreement. The Medical Director shall meet all qualifications and requirements stated in the Emergency Response Systems Development Act at Title 63, Sections 1-5201 et. seq. of the Oklahoma Statutes (the "Act") and shall comply with all regulations that have been or may be promulgated by the Oklahoma Board of Health, to include without limitation Title 310, Chapter 641, Subchapter 3, Part 11 of the Oklahoma Administrative Code (Medical Control of Ambulance Services). 5.2 Medical Director Duties. Specifically, the Medical Director shall: (a) Demonstrate appropriate training and experience in adult and pediatric emergency medical services by being Board Certified in emergency, family, internal, or surgical medicine or possess and maintain current certification in Advanced Cardiac Life Support (ACLS) and Advanced Trauma Life Support (ATLS), Pediatric Advanced Life Support (PALS), Advanced Disaster Life Support (ADLS) or other equivalent training. (b) Be familiar with the design and operation of pre-hospital emergency medical services systems and knowledgeable about the capabilities of the different levels of licensed personnel and of the established protocols. (c) Have experience in the emergency department management of acutely ill or injured patients. (d) Be knowledgeable and actively involved in quality assurance and the educational activities of Mercy and EMRA emergency response personnel and supervise a quality assurance (QA) program by either direct involvement or appropriate designation and surveillance of his responsible designee. The QA program, or policy, shall be submitted with treatment protocols for approval by the Department of Health. (e) Have knowledge and a relationship with Mercy and the City's Emergency Medical Response Agency and the Sand Springs Service Area. (f) Provide a written statement to the Department of Health and to the City of Sand Springs that includes:  Agreement to provide medical direction and establish the standard of care provided by the service.  Regular mail and email addresses.  An Oklahoma Bureau of Narcotics and Dangerous Drugs (OBNDD) number or appropriate state equivalent.  Current medical license.  A curriculum vitae that includes active involvement in pre-hospital care. (g) Develop medical protocols for patient care techniques, both on-line and off-line standing orders and present written EMT Intermediate and EMT Paramedic life support protocols to the Department of Health for approval before use. Protocols shall include medications to be used, treatment modalities for patient care procedures, and appropriate security procedures for controlled and dangerous drugs. (h) List all medications with quantities to be carried on each emergency vehicle. (i) Participate in the statewide emergency medical services system. (j) Maintain Oklahoma State Department of Health, Emergency Medical Services Division certification/ approval as a Medical Director. (k) Develop medical protocols for patient care techniques, both online and offline, and present said protocols for approval by the Department of Health - Emergency Medical Services Division. Protocols shall include medications to be utilized, treatment modalities for patient care procedures, and appropriate security procedures for controlled and dangerous drugs. (l) Work together with Mercy and EMRA staff to offer optimal care to all ambulance patients in the most efficient manner available within the Service Area.  (m) Agree to provide medical direction to the Emergency Medical Response Agency (EMRA) duly authorized by the City of Sand Springs. 5.3 Verification. Evidence of compliance with these qualifications shall be made available to the City of Sand Springs upon request. VI. COMMUNICATIONS 6.1 Dispatch. The City of Sand Springs shall provide emergency (911) call reception services for the City of Sand Springs and be responsible for initial notification of the Mercy dispatch center. Any request for ambulance service received by the Sand Springs 911 system shall be forwarded directly to the Mercy dispatch center. After initial notification of Mercy, Mercy dispatchers shall assume the responsibility of completing all further dispatch functions, to include priority classification; ambulance dispatching (whether Mercy or mutual aid if necessary); emergency medical responder dispatching; and pre-arrival instructions for the reporting party. Performance of these duties is subject to periodic review and approval by the City of Sand Springs. 6.2 Call Classification. Mercy shall be responsible for determining call priority and utilizing an appropriate classification system approved by the Medical Director. VII. RESPONSE TIME 7.1 Response Time Standards. The following response times shall be monitored and accurately recorded so that continual audit of these times may be performed as a method to assure the most efficient responses are being performed:  Time request for EMS response is received at the Dispatch Center (this time shall be indicated when sufficient information has been received from the caller to initiate a response)  Time ambulance is notified  Time ambulance is responding  Time ambulance is on the scene  Time ambulance is transporting to the hospital or is available if not needed  Time ambulance arrives at the hospital  Time ambulance is back in Service Area 7.2 Response Time Reliability Standards. Mercy agrees to maintain a service response time of ten minutes and fifty-nine seconds or less with 90% reliability for each calendar month during the term of the Agreement for all emergency calls within the City limits of Sand Springs. A response time of twelve minutes and fifty-nine seconds or less with 90% reliability will be maintained for all emergency calls outside the city limits of Sand Springs but within the Sand Springs Fire primary response area. These minimum response times apply equally to all ambulance responses by Mercy when that ambulance is located within the Service Area at the time and an additional unit is required for an existing emergency or a new emergency. 7.3 Additional Response Time Standards. Mercy agrees that Mercy ambulances responding to requests for additional ambulance service (i.e., requests for one or more additional ambulances while all the primary Mercy ambulances permanently assigned to the Sand Springs District is on call) will be held to the same response time and response time reliability standards as those established for the primary ambulances in Sections 7 .1 and 7 .2 of this Agreement. If the Mercy dispatch center determines that there is not a Mercy ambulance immediately available capable of meeting the agreed upon response time standards, Mercy agrees to take responsibility for contacting and dispatching a mutual aid response within not more than three minutes from the time that the call is received by the Mercy dispatch center. A mutual aid response is defined as an ambulance responding, at the request of Mercy, from another ambulance service in the surrounding area, to the request for an ambulance in the Service Area. 7.4 Penalty. In the event Mercy does not meet the response times in three (3) consecutive months, a meeting will be scheduled between an authorized Mercy representative and the Fire Chief and/or his/her designee to discuss calls that did not meet compliance. If Mercy does not meet the response times standards for six (6) months in a year whether consecutive or not, a meeting will be scheduled between representatives of Mercy and the City. The purpose of this meeting will be an action plan to improve response times to meet the 90% or greater compliance. Through this meeting, the annual subsidy can be discussed for a possible reduction of subsidy in the next fiscal year until corrections are made. 7.5 Mutual Aid. Mutual aid responses from an ambulance service provider outside the Service Area responding to a call from Mercy, as well as mutual aid responses performed by Mercy to an ambulance service provider located outside of the Service Area, are exempt from required response times. VIII. PURCHASES 8.1 Local Support. Mercy shall agree to purchase fuel and supplies from merchants in the City of Sand Springs, if possible and at its own expense, but shall not be obligated to do so if prices are not comparable or less or specific supplies and/or services are not available in the City of Sand Springs. IX. INSURANCE REQUIREMENTS 9.1 Commercial Liability Coverage. Mercy shall keep in full force and effect a policy or policies of public liability and property damage insurance, issued by a casualty insurance company authorized to do business in the State of Oklahoma, with coverage provisions insuring the public from any loss or damage that may arise to any person or property by reason of the operation of Mercy ambulance(s) or other actions by Mercy or any of its officers, agents or employees, and providing that the amount of recovery shall be in limits of not less than the following sums: (a) For damages arising out of bodily injury to, or death of, one person in any one incident, not less than one million dollars ($1,000,000.00). (b) For damages arising out of bodily injury to, or death of, two or more persons in any one incident, not less than three million dollars ($3,000,000.00).  (c) For injury to, or destruction of, property in any one incident, not less than five hundred thousand dollars ($500,000.00). 9.2 Workers’ Compensation Agreement. Mercy shall maintain, during the term of this Agreement, Workers’ Compensation insurance as prescribed by the laws of the State of Oklahoma. 9.3 Certificate of Insurance. Mercy agrees to furnish the City, as a condition of this Agreement, an original and duplicate certificate of insurance, which shall indicate the types of insurance, the amounts of insurance, and the expiration dates of all policies carried by Mercy. Each certificate of insurance shall name the City of Sand Springs as an additional named insured and shall contain a statement by the insurer issuing the certificate that the policies of insurance listed thereon will not be canceled or materially altered by the insurer without thirty (30) days' written notice received by the City. 9.4 Change of Coverage. Cancellation or material alteration of a required insurance policy or coverage shall automatically terminate this Agreement and Mercy shall thereupon cease and desist from further operations in the Sand Springs Service District. X. ACCESSIBILITY 10.1 No Ability to Pay Exemption. Mercy shall deny no one access to emergency care and transportation, regardless of ability to pay. 10.2 Offsets. Mercy shall provide mechanisms to offset out-of-pocket costs to patients. Examples are subscriptions, third party reimbursement invoicing, scheduled payment programs, etc. XI. OPERATIONS REPORTS AND RECORDS 11.1 Reporting Requirements. Mercy agrees to make all HIPAA-compliant records and reports in connection with the Service Area available to the City of Sand Springs upon request and shall submit a monthly log report to the City. The log report shall include, without limitation, the following information:  Call Number  Unit Number  Call times  Call date  The record of response times required by Section 6.4 of this Agreement. All reports shall be sanitized of protected health information, as defined and mandated by the Health Insurance Portability and Accountability Act of 1996 (HIPPA). 11.2 Meeting Schedule. Unless notified otherwise, an authorized Mercy representative will attend the City of Sand Springs City Council meetings at the request of an authorized City of Sand Springs representative. XII. COMMUNITY EDUCATION 12.1 Availability. Mercy agrees, at reasonable times and upon sufficient notice, to be available upon request to aid in and/or conduct community education programs, including, but not limited to, CPR and First Aid programs. Mercy shall agree to make community education an integral part of this Agreement and of its operations in the City of Sand Springs. 12.2 Cost Limitation. All courses administered to the City by Mercy shall be at no expense to the participants except for actual costs of materials and instructor fees. 12.3 Continuing Education. Members of the Sand Springs Fire Department may attend any classes held as continuing education for the employees of Mercy at no charge. 12.4 Medical Responder Training. Mercy shall provide the Sand Springs Fire Department Biannual Emergency Medical Responder Courses and Emergency Medical Responder Refresher Courses, as needed. Mercy shall also provide Quality Improvement/Quality Assurance oversight services for the Sand Springs Fire Department. XIII. STANDBY SERVICES 13.1 Public Events. Mercy agrees to be available, upon the request of the Sand Springs Police Chief and/or Fire Chief to "stand by" on location at public events, including, but not limited to, sporting events, firework displays, etc. Mercy shall respond as needed to the scene of any incident at such events which could result in possible personal injury or death to the persons involved. There shall be no charge for standby services at the City of Sand Springs-sanctioned events, within the city limits of Sand Springs. 13.2 Emergency Calls. Any time Mercy is performing stand by services as described in Section 12.1, Mercy agrees that either a Mercy ambulance, other than the ambulance on standby, or a mutual aid response ambulance will be available to respond to emergency calls until such time as the standby ambulance is released from service at the public event. XIX. PATIENT CHOICE 14.1 Choice of Facility. Mercy shall honor the patient's choice of hospital, medical facility, nursing home or other facility when the patient's condition permits a choice to be made and the choice of facility is at a location within a thirty-mile (30) radius of Sand Springs. 14.2 Incapacity of Patient to Choose. Should a patient be unconscious or without family to direct his/her destination to a medical facility for treatment, he/she shall be transported to the nearest hospital where appropriate services are available. 14.3 Traumatic Injury. In the case of traumatic injury, under certain circumstances, the patient's destination shall be directed by the Tulsa Regional Trauma Advisory Board, Trauma Referral Center, as mandated by the Tulsa Regional Trauma Triage and Transport Plan. XV. MEMBERSHIP PROGRAM 15.1 Cost. Mercy will offer to all residents in the Service Area, an Ambulance Membership Program to be available for purchase by the public. The fee schedule for this Program is $60.00 annually. All citizens that participate in the City of Sand Springs fee on their utility bill will be considered a member. 15.2 Benefit. The membership program will cover the coinsurance or deductible portion of the ambulance bill for all medically necessary emergency ambulance services for insured patients. Non- insured patients will receive 60% discount of the cost of services and will be responsible for 40%. 15.3 Medical Necessity. Membership program benefits will apply only in the case of medically necessary emergency calls, as determined in accordance with protocols established by the Medical Director. 15.4 Right to Bill. Mercy reserves the right to bill any insurance plan of which the membership holder may be a beneficiary. XVI. PRIMARY PROVIDER 16.1 Statutory Compliance. The Parties agree that Mercy shall be the sole EMS provider responsible for responding to all emergency and non-emergency ambulance calls within the Service Area for the term of this Agreement or any extensions thereof, pursuant to the Oklahoma Emergency Medical Response Systems Development Act at Title 63 0 .S. §§ 1-2501 et seq. 16.2 Mutual Aid. The foregoing paragraph to the contrary notwithstanding, the Parties hereto understands and agree that, if services provided by Mercy are not available due to emergency, such emergency may from time to time necessitate utilization of another emergency medical service. In that event, Mercy will have the duty to arrange for the services of another ambulance service provider not affiliated with Mercy. All requests for mutual aid from other ambulance services will be the responsibility of Mercy. XVII. SUBSIDY ARRANGEMENT 17.1 Terms. The City and Mercy agree that a subsidy arrangement will be implemented, and that the subsidy paid to Mercy by the City of Sand Springs will be three hundred and sixty-thousand dollars and no cents ($360,000) per year. The City of Sand Springs will pay in quarterly payments unless otherwise arranged. 17.2 Subsequent Agreement(s). By no later than 90 days before the expiration of this Agreement, Mercy will notify the City of Sand Springs by written letter of intent of its intent either to renew or not renew this Agreement. Should the City and Mercy agree to renew this Agreement, the monthly subsidy arrangement shall be negotiated for the renewal period. ACCEPTED AND APPROVED by the Parties hereto on the dates respectively entered below: Centurion Health Systems, Inc. d/b/a City of Sand Springs, Oklahoma Mercy Regional of Oklahoma Duke Dixon, President Michael S. Carter, City Manager Mercy Regional of Oklahoma City of Sand Springs Date: _________________________ Date: ___________________________ Attest: Attest: By: ___________________________ By: _____________________________ Name: ________________________ Name: __________________________ Title: _________________________ Title: ___________________________  Customer Description Mandatory “EF” Optional “FS Type COSS EMS/Mercy Care Rural Fire Subscription Fee Fee SS/RE/I Sand Springs $3.25 N/A Residential City Limits SS/RE/O Sand Springs $5.00 $5.00 Residential Outside City Limits “CE” COSS Employee Inside $0 $0 or Out Except COSS Employee In Rock Fire District $3.00 Green Country Fire Cycle 02 $5.00 N/A Cover Area Routes 82,84,85,86,87,04,05 “RK” Rock Fire District $5.00 $3.00 Cycle 01 $2.90 Rock Fire Fee Routes 93, 07,08 $.10 COSS Admin Fee “KF” Keystone Fire $5.00 N/A Cycle 02 Route 60 “CR” Creek County EMS $4.00 $5.00 Cycle 01 Route 60 “MU” Multi-Unit Matches SS/RE Includes D14 Inside and Out 85% occupancy “D1” Water District 1 Matches SS/RE/O Sand Springs Residential Outside • EF- “EMS Fee” COSS EMS/Mercy Care Fee ( Mandatory) • FS- “Rural Fire Subscription” ( Opt-out possible)