13-929 Joint Powers Agmt for Emergency Medical Services in Ada CountyCITY OF MERIDIAN
BY THE CITY COUNCIL:
RESOLUTION NO. ~ 3 ~ ~ ~ 1
BIRD, HOAGLUN, ROUNTREE, ZAREMBA
A RESOLUTION APPROVING A JOINT POWERS AGREEMENT BY AND BETWEEN
THE CITY OF MERH)IAN, ADA COUNTY, THE ADA COUNTY EMERGENCY
MEDICAL SERVICES DISTRICT, CITY OF BOISE CITY, KUNA RURAL FIRE
DISTRICT, EAGLE FIRE DISTRICT, NORTH ADA COUNTY FIRE AND RESCUE.
DISTRICT, AND STAR JOINT FIRE PROTECTION .DISTRICT FOR THE
COOPERATIVE PROVISION. C1F EMERGENCY MEDICAL SERVICES IN ADA
COUNTX; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE .AND
ATTEST SAID AGREEMENT ON BEHALF OF THE CITY OF MERIDIAN; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Idaho cities are authorized to create and maintain fire departments to
provide emergencymedical services pursuant to I.C. § 50-309; anal
WHEREAS, the City of .Meridian, by and through the Meridian Fire Department,
provides basic and advanced life support within the corporate limits of the City of Meridian;: and
WHEREAS, Ada County, the Ada County Emergency Medical Services District, City of
Boise City, Kuria Rural Fire .District, Eagle:. Fire District, North Ada County Fire and Rescue:
District, and Star Fire Protection District all. provide basic and advanced emergency medical
services within their respective jurisdictions and have determined that a joint and cooperative
effort would provide certainty, consistency and efficiency in the management and delivery of
emergency medical services.,
WHEREAS, Cities, counties and fire districts are authorized by I.G. §§ 31-3906, 67-
232b through 67-2333, 31-1430 and 3I-1417 to enter into joint and cooperative mutual aid
agreements.
NOW, THEREFORE,'BE IT RESOLVED_BY THE. MAYOR AND. COUNCIL OF
THE CITY OF MERIDIAN, IDAHO:
Section 1. That the Agreement by and between the City of Meridian, City of Boise City,
Ada County, the Ada County Emergency Medical Services District,. Kuria .Rural Fire: District,
Eagle Fire District, North Ada County Fire and Rescue District, and :Star Joint Fire Protection
District, a copy of said Agreement being. attached'hereta and incorporated herein by reference,
be, and. the same is hereby, approved as to both form and. content.
RESOL.UTIQN FOR JOINT PGWERS AGREEIvIEIVT FQR EMERGENCY MEDICAL SERVICES -PAGE 1 of Z
Section 2. That the Mayor and City Clerk be, and they hereby are, authorized.. to
respectively execute and attest said Agreement for and on behalf of the City of Meridian.
Section 3. That this Resolution shall be in full force and effect immediately upon its
adoption and approval. ~
ADOPTED by the Council of the City of Meridian, Idaho, this., day of July, 2013.
.~
APPROVED by the Mayor of the City of Meridian, Idaho this ~' "day of July, 2013.
APPROVED:
ATTEST:
By.
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Mayor Ta y de Weerd
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Gty of ~~
Holman, City Clerk ~~Vl Ei IDS IAN..
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RESOLUTION FOR JOINT POWERS AGREEMENT FOR: EMERGENCY MEDICAL SERVICES - PAGE Z OF Z
AGREEMENT NO. Q l-1 ~D
JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF
EMERGENCY MEDICAL SERVICES IN ADA COUNTY
Establishing the Ada County-City EMS System ("ACCESS")
This Joint Powers Agreement (the "Agreement") is entered into by and between Ada
County, the Ada County Emergency Medical Services District, the City of Boise, the City of
Meridian, Kuna Rural Fire District, Eagle Fire District, North Ada County Fire and Rescue
District, and Star Joint Fire Protection District, and is effective as of the last date of execution of
this Agreement.
RECITALS; PURPOSES; AUTHORITY
Purpose. The Purpose of this Agreement is to establish the Ada County-City EMS
System (the "System") and Joint Powers Board appointed by the respective Parties authorized to
operate and manage the joint, coordinated, and unified provision and maintenance of pre-
hospital, emergency and non-emergency medical services, including medical transport, rescue,
and extrication services, within all county, city, emergency medical services district, and fire
district jurisdictions within the System Area in order to provide certainty, consistency and
economy in the management and delivery of EMS services.
1. Sections 67-2326 through 67-2333, Idaho Code, provide that public agencies
may enter into agreements with one another for joint or cooperative action which includes, but is
not limited to, joint use, ownership, and/or operation agreements and interagency contracts for
service, activity or undertakings. This Agreement is, and shall be construed as, a joint powers
agreement enacted pursuant to Sections 67-2326 through 67-2333, Idaho Code.
2. Fire Districts have authority under Sections 31-1430 and 31-1417, Idaho Code, to
enter into infra-agency and mutual aid agreements.
3. The Ada County Board of Commissioners, in its capacity as the governing board
of the Ada County Emergency Medical Services District ("ACEMS District") pursuant to
Chapter 39, Title 31, Idaho Code, provides emergency medical services in Ada County. ACEMS
District currently holds an Advanced Life Support Level 1 EMS transport license issued by the
state of Idaho.
4. The Parties to this Agreement have various levels of EMS licenses issued by the
state of Idaho. Each Party shall be responsible to maintain such EMS license. Subject to Board
approval nothing in this Agreement shall prevent a Party from obtaining a higher level- of
licensing.
5. The governing boards of the Parties have determined that it is in the best interests
of each Party and their taxpayers and for the persons residing and found within their respective
boundaries, to create the System.
Now, for and in consideration of the mutual covenants and promises herein set forth, and
JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATNE
PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY -PAGE 1
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for other good and valuable consideration hereby acknowledged by the Parties to this
Agreement as having been received, the Parties hereby mutually promise, covenant and agree as
follows:
AGREEMENT
ARTICLE I
DEFINITIONS
When used herein, the following words shall have the attendant meaning:
1.1 "ACEMS District" means the Ada County Emergency Medical Services District, a Party
to this Agreement.
1.2 "Ada County-City EMS System" means the Ada County-City EMS System as herein
created and may sometimes be referred to as the "System" or "ACCESS."
1.3 "Ambulance" means any privately or publicly owned motor vehicle or nautical vessel,
authorized to provide service in the System, used for, or intended to be used for, the
transportation of sick or injured persons who may need medical attention during
transport. This may include dual or multipurpose vehicles.
1.4 "Ambulance Service" means an agency, licensed to operate within the System, with the
intent to provide personnel and equipment for medical treatment at an emergency scene,
during transportation or during transfer of persons experiencing physiological or
psychological illness or injury who may need medical attention during transport.
1.5 "Default" means any violation, failure to perform, or breach of any covenant, agreement,
term or condition of this Agreement.
1.6 "Emergency Medical Services" or "EMS" means the system utilized in responding to a
perceived individual need for immediate care in order to prevent loss of life or
aggravation of physiological or psychological illness or injury.
1.7 "Joint Powers .Board" means the System Joint Powers Board, ("Board"), formed
pursuant to this Agreement, which is authorized to administer this Agreement on behalf
of the Parties.
1.8 "Parties" means Ada County, the cities and districts that have executed this Agreement.
1.9 "Inclusive Area Party Agencies" means Public Agencies that are Parties to this
Agreement whose boundaries include area only within Ada County, state of Idaho.
1.10 "Non-Inclusive Area Party Agencies" means Public Agencies that are Parties to this
Agreement whose boundaries include area within Ada County and within Canyon
County, or any other neighboring county to Ada County, state of Idaho.
JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE
PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY -PAGE 2
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1.11 "Non-transport Service" means an agency with associated apparatus and personnel
licensed to operate within the System, operated with the intent to provide personnel or
equipment for medical stabilization at an emergency scene, but not intended to be the
service that will actually transport sick or injured persons.
1.12 "Public Agency" means any city or political subdivision of this state, including, but not
limited to emergency medical service districts; fire districts; cities; and any other
government subdivision of the state of Idaho, including any agency of the state of Idaho
holding a current EMS license and providing EMS within or contiguous to the
boundazies of Ada County.
1.13 "System Area" means all the geographic area within the boundaries of the "Inclusive
Area Party Agencies" and those designated areas for inclusion within the System which
are also within the boundaries of the "Non-Inclusive Area Party Agencies."
1.13.1 The "System Area" may be modified, upon consent of all Parties, to include
area within an adjoining county;
1.13.2 The "System Area" may be modified, upon consent of all Parties, to exclude
area within Ada County upon the condition the area excluded will then be
subject to a like "System" in an adjoining County.
ARTICLE II
THE ADA COUNTY-CITY EMS SYSTEM (SYSTEM)
2.1 Establishment of the System. There is hereby established the Ada County-City EMS
System. The System shall be created for the express purpose of providing for joint
management, provision, operation, and maintenance of pre-hospital emergency and non-
emergency medical services, including medical transport, rescue, and extrication services,
within the System Area. The System shall exist as a joint exercise of the authority to
' provide EMS services by alI the Parties to this Agreement, and shall be administered by a
Joint Powers Board as provided in Article IV of this Agreement. The System, through the
Joint Powers Board, Administrative Committee, and the Medical Directorate, shall
establish standards and provide for the coordinated management, provision and
maintenance of pre-hospital, emergency, and non-emergency medical services, including
medical transport, rescue, and extrication services, within the System Area.
2.2 Scope of Services and Operation. The System shall coordinate the management,
provision, operation and maintenance of pre-hospital, emergency, and non-emergency
medical services, including medical transport, rescue, and extrication services within the
System Area. The Parties shall respond to 9-1-1 and other calls necessitating the services
of the System within the System Area. By this Agreement, the Parties agree to
cooperatively exercise their respective powers within the System Area in a manner
consistent with this Agreement.
JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE
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ARTICLE III
PARTIES, DURATION, AMENDMENT, WITHDRAWAL AND TERMINATION
3.1 Parties to this Agreement. The Parties to this Agreement are Ada County, the Ada
County Emergency Medical Services District, the City of Boise, the City of Meridian,
Kuna Rural Fire District, Eagle Fire District, North Ada County Fire and Rescue
District, and Star Joint Fire Protection District. Each Party intends to and does by this
Agreement contract with each other Party and any other Agencies as may later be added.
Additional Parties may be added by resolution of the Board and amendment of this
Agreement. Each Party agrees that the removal of any Party from this Agreement does
not affect this Agreement with respect to each remaining Party.
3.2 Duration/Annual Renewal. This Agreement shall continue in force and effect from its
Execution Date through September 30, 2013. Thereafter this Agreement may be renewed
for successive one (1) year terms. Renewal terms shall be effective from October 1
through September 30 of each successive calendar year. A Party may renew this
Agreement by providing written notice to all other Parties.
3.3 Amendment. This Agreement may be amended only by written agreement of the
Parties.
3.4 Withdrawal.
3.4.1 No Party shall withdraw from this Agreement unless it demonstrates one or more
of the following circumstances:
3.4.1.1 The withdrawing Party is insolvent or otherwise fmancially unable to
carry out its obligations under this Agreement;
3.4.1.2 A court has determined that it is unlawful for the Party to continue to
perform under or be Party to this Agreement;
3.4.1.3 A material breach of any term of this Agreement has occurred; or
3.4.1.4 Two or more Parties, after signing, consolidate services and wish to
combine their representation under this Agreement as part of said
consolidation.
3.4.2 Notice of withdrawal must be provided to the Parties no less than sixty (60) days
before the effective date of withdrawal. However, a withdrawal shall not be
effective if the condition or conditions giving rise to the withdrawal are cured to
the reasonable satisfaction of the withdrawing Party within sixty (60) days after
the date of notice of withdrawal is provided.
3.4.3 Withdrawing Party to Cease EMS Services In Service Area. Each Party
agrees, as a special consideration to each other Party, that in the event they
withdraw from this Agreement, either by voluntarily withdrawing or for cause by
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default, that they will cease to provide EMS services in the System Area for the
remainder of the Agreement term and shall either forfeit or modify their EMS
license to the Department of Health and Welfare Bureau of EMS as that license
authorizes EMS services in the System Area by that Party. In the event a
withdrawing Party fails to cease to provide EMS services in the System Area, the
remaining Parties may seek specific performance of this provision of the
Agreement and may also seek temporary and permanent injunctive relief in an
action for specific performance filed in a court of competent jurisdiction.
3.5 Complaints. The authority to investigate a complaint against a Party may be conducted
by the Administrative Committee or by the Board, when involving cause for termination.
Member/s of the Party or Parties who are the subject of the complaint cannot vote on
motions to proceed with the investigation or matters related to the conduct or financing
of the investigation. Each Party shall cooperate with any investigation of complaints
regarding performance of services governed under this Agreement.
3.5,1 Complaints involving personnel of a Party are to be treated as described in
Section 8.5.3 of this Agreement.
3.6 Party Termination.
3.6.1 For Cause. A Party may be terminated from this Agreement by action of the
Board for cause in the event they are in default of this Agreement. Prior to
termination of a Party the Board shall conduct a hearing to determine if there is a
default of this Agreement that has not been cured by the defaulting Party. The
following procedures shall be met:
3.6.1.1 The Board shall provide to the defaulting Party fourteen (14) days
written notice of a hearing to show cause.
3.6.].2 The notice shall specify the reasons for the default and the intention to
terminate the Party as a Party to this Agreement.
3.6.1.3 In the event the default is cured within the fourteen (14) days and
before the commencement of the scheduled hearing before the Board,
the Board shall so note on the record of the proceedings and the
hearing shall then be concluded.
3.6.1..4 In the event the default is not cured, the Board shall, upon conclusion
of their deliberation, issue fmdings of fact and conclusions of law and
order of decision within thirty {30) days of the date of the hearing.
3.6.1.5 A Board member representing a Party that the Board is considering
terminating shall recuse himself/herself from voting on the
termination and all proceedings involved in the matter of termination.
3.6.2 Effect of Termination. The termination or withdrawal of any Party pursuant to
JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE
PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY -PAGE 5
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this subsection shall not constitute a termination of the entire Agreement, and the
remaining Parties shall continue to perform under this Agreement for the
remainder of the contract term.
3.6.3 Terminated Party to Cease EMS Services In Service Area. Each Party agrees,
as a special consideration to each other Party, that in the event they are terminated
from this Agreement, either by voluntarily withdrawing or for cause by default,
that they will cease to provide EMS services in the System Area for the remainder
of the Agreement term and shall either forfeit or modify their EMS license to the
Idaho Department of Health and Welfare EMS Bureau as that license authorizes
the provision of EMS services in the System Area by that Party. In the event a
terminated Party fails to cease to provide EMS services in. the System Area, the
remaining Parties may seek specific performance of this provision of the
Agreement and may also seek temporary and permanent injunctive relief in an
action for specific performance filed in a court of competent jurisdiction.
ARTICLE IV
ADMINISTRATION OF THE ADA COUNTY-CITY EMS SYSTEM JOINT POWERS
BOARD
4.1 Establishment of the Joint Powers Board; Membership; Officers.
4.1.1 Establishment of the Board. There is hereby established the Joint Powers Board
of the System. The Joint Powers Board shall serve as the governing board of the
System and operate the System on behalf of the Parties.
4.1..2 Joint Powers Board Membership. The Ada County-City EMS System shall be
governed by the Boazd whose membership shall consist of one (1) elected official
representing each Party, and a total of two (2) elected officials of the ACEMS
District/Ada County Board of Commissioners.
4.1.2.1 Each Party shall also designate an alten~ate elected official to serve in
the absence of their designated Board member.
4.1.2.2 Each Party's appointee shall be given the authority to vote on all
matters before the Board with the exception of financial decisions
requiring the appropriation and/or expenditure of funds by the Party.
4.1.3 .Officers. Annually in January the Joint Powers Board shall appoint a chairman,
vice chairman, and secretary whose primary responsibilities are as follows:
4.1.3.1 The Chairman shall be a member of the Board and shall conduct all
meetings of the Board and execute all contracts and resolutions on
behalf of and as authorized by the Board and any other duties assigned
by the Board; and
4.1.3.2 The Vice Chairman shall be a member of the Boazd and shall carry out
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the functions of the Chairman in the absence of the Chairman and any
other duties assigned by the Board; and
4.1.3.3 The Secretary may or may not be a member of the Board and shall be
responsible for posting agenda notices and preparation of minutes of
the Board and for maintaining the records of the Board and any other
duties assigned by the Board; and
4.1.3.4 These officers shall have no powers or duties except as provided in this
Agreement.
4.2 Powers, Duties and Operations of the Joint Powers Board.
4.2.1 Powers. Pursuant to Section 67-2328, Idaho Code, the Board is responsible to
operate and manage the System. In order to accomplish the Purpose of this
Agreement, the Joint Powers Board shall have, in addition to other powers
provided herein, the authority to adopt procedures for its operation as well as to
adopt standards for the coordinated management, provision, operation and
maintenance of pre-hospital, emergency, and non-emergency medical services,
including medical transport, rescue, and extrication services, within the System
Area.
The Board shall have discretionary powers to manage and conduct the business
and affairs of the Ada County-City EMS System. However, the governing board
of a Party shall approve any action that will financially obligate that Party. The
discretionary powers shall include, but not be limited to, the following:
4.2.1.1 Receive recommendations from the Administrative Committee and the
Medical Directorate;
4.2.1.2 Approve procedures for the operation, meeting, and other
administrative matters of the Board and the System;
4.2.1.3 Approve the Standard Operating Procedures for the System. However,
any standards approved regarding qualifications for holding a position
shall provide an exemption for any personnel of any Party who at the
effective date of this Agreement holds such a position unless contrary
to law;
4.2.1.4 Adopt medical protocols and other matters related to the Medical
Directorate;
4.2.1.5 Approve response standards, including policies regarding dispatch
responses;
4.2.1.6 Provide recommendations to a Party's respective governing body
regarding the Party's agency licensure levels within the System;
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4.2.1.7 Recommend for approval, as set forth in section 4.4 of this Ageement,
a budget and financial plan as well as subsequent funding, including
joint purchasing of property;
4.2.1.8 Approve the allocation of resources, including stationing of personnel
and vehicles;
4.2.1.9 Adopt a training and education plan for licensed personnel;
4.2.1.10 Approve the deployment plan of EMS equipment;
4.2.].11 Recommend that the Board acquire, hold, and dispose of real and
personal property jointly owned by and used in the System;
4.2.1.12 Deal with other matters necessary and convenient in furtherance of the
Purpose of this Agreement;
4.2.1.13 Identify matters that require approval of the Parties' governing boards;
4.2.1.14 Comply with the Idaho Open Meetings laws;
4.2.1.15 Operate on a fiscal year from October 1 through September 30; and
4.2.1.16 Adopt, administer and implement EMS standards, protocols and
procedures. If EMS standards, protocols and procedures adopted by
the Board impose higher standards than are required by any state
statute or rule the standards and procedures adopted by the Board shall
apply to the Parties to the extent allowed by law in the System Area.
4.2.2 As required by law, the Board shall report to the Idaho Department of Health and
Welfare EMS Bureau any findings of Agency violation of state EMS laws or rules
which occurred within the System Area.
4.2.3 Resolutions and Board procedures shall be compiled and organized according to
subject and maintained by the Joint Powers Board, which shall provide each Party
with a copy of all resolutions and procedures.
4.2.4 The approval of the governing board of each Party is required for any matter
approved by the Joint Powers Board that includes fmancial contribution by a
Party, including the purchase of real property and personal property.
4.3 Meetings, decisions, and communication. The Board shall adopt rules of procedure for
the conduct of their meetings that are consistent with the provisions of this Agreement.
4.3.1 The Board shall meet regularly to confer and carry out the business of the Board
and the System in the following manner:
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4.3.1.1 For all meetings of the Board fifty percent (50%) plus one (1) of the
members of the full Board shall constitute a quorum for the purposes
of conducting business.
4.3.1.2 All motions, resolutions, and actions of approval on any matter by the
Board require a unanimous vote of the Board members present.
4.3.1.1.1 In regards to matters before the Board that only involve a
combined licensure as provided in Article V of this
Agreement, only the Board members of Parties that have
combined their licenses may vote.
4.3.1.3 The Board must provide at least fourteen (14) days advance written
notice to all Parties when considering all matters requiring a vote of
the Board members.
4.3.1.4 Only Board members, or their alternates, shall have voting privileges.
4.3.1.5 In the event a Party's Board member or designated alternate fails to
attend three (3) consecutive meetings or fails to attend more than one-
half of the meetings of the Board within a calendar year, notice of
absence shall be sent to the offending Party which notice shall be
withdrawn if the offending Party's Board member appears at the next
regularly scheduled meeting and shows good cause for the absences
and presents a commitment to regular attendance in the future. In the
event the offending Party does not appear and show good cause then
the same shall constitute a material breach of the terms of this
Agreement and the offending Party will be subject to termination
provisions of Section 3.6 of this Agreement and the notice of absence
shall stand as a notice of default.
4.3.2 The Board shall provide to the governing boards of the Parties to this Agreement
a written annual report concerning the status of the System, at a date set in the
procedures of the Board, but in no event not less than once per year. This report
shall include all matters the Joint Powers Board determines are relevant to the
operation of the System and any matter that may be required by the State EMS
Bureau or by state or federal law.
4.4 Finances. On or before March 1 of each year, the Board shall propose an Ada County-
City EMS System Budget (the "Budget") for approval by the ACEMS District Board.
4.4.1 The Budget shall include vehicle license registration fees designated for and
remitted to the ACEMS District for that fiscal year. The Budget may also
include contribution payments to the System by the Parties to this Agreement.
Commencing in the fourth renewal year of this Agreement, the Budget shall also
include property tax funds contributed for that fiscal year by the ACEMS District
Board pursuant to Chapter 39, Title 31, Idaho Code.
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4.4.2 The Budget shall identify anticipated expenditures for the System up to the
amount included in the Budget in Section 4.4.1. The expenditures in the Budget
shall be developed in accordance with the statutory purpose that the vehicle
license registration fees be used for the provision of EMS services within the
ACEMS District. Further, commencing in the fourth renews[ year of this
Agreement, the expenditures in the Budget shall be developed in accordance with
the statutory purpose that the property tax funds levied by the ACEMS District
shall be used for the provision of ambulance service within Ada County.
4.4.3 A division for the System shall be established within the ACEMS District
Budget, which shall include income line items and expenditure line items as
allocated by the ACEMS District Board. The income line items shall include, if
applicable: (1) vehicle license registration fees as described in Section 4.4.1
above; (2) contribution payments from the Parties; and (3) tax funds being
contributed by the ACEMS District for System expenditures as described in
Section 4.4.1 above. The expenditure line items shall include, if applicable: (1)
personnel expenses; (2) capital expenses; and (3) operating expenses.
4.4.4 If the Budget includes contribution payments by Parties other than the ACEMS
District, then on or before March 1, the Board shall submit the Budget to each
Party's governing board for the appropriation of any contribution payment by
that Party.
4.4.5 The Parties shall set their own budgets in a timely manner with consideration to
the Budget as proposed by the Board.
4.4.6 If the Board fails to submit a Budget to the ACEMS District Board for approval,
then the Parties shall set their own budgets.
4.4.7 Capital investments requiring additional expenditures will be funded through
extra appropriations as proposed by the Board, subject to approval by each
Party's governing board.
4.5 Joint Purchasing. Pursuant to Section 67-2807, Idaho Code, the Board, subject to
approval of the Parties' governing boards as required by other provisions of this
Agreement, may authorize joint purchasing of any real or personal property consistent
with the laws of the state of Idaho. Prior to the Board approving any joint purchase, the
Board shall identify by resolution the plan for distribution and/or ownership of property
jointly owned by the Parties upon the withdrawal or termination of a Party.
4.6 Agreements with other Medical Service Providers. The Board may enter into
agreements with medical service providers other than those that are Parties to this
Agreement in order to provide for EMS services and/or to provide mutual aid to the
System or any medical service provider. Such agreements may be with public or private
agencies and may incorporate any of the terms and conditions contained herein and any
• other terms and conditions the Parties may deem appropriate. Such agreements shall not
authorize a medical service provider to directly compete with any Parry to this Agreement
for the provision of EMS services, nor shall such agreement extend any voting rights to
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PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY -PAGE 10
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any Party to this Agreement for the provision of EMS service, nor shall such agreement
extend any voting rights to the Party with whom the agreement is made.
ARTICLE V
LICENSURE
5.1 Inclusive Licensure. The Parties hereby agree to maintain their state-issued EMS
licenses and operate in accordance with the laws of the state of Idaho and associated
regulations of the Idaho Department of Health and Welfare.
5.2 Establishment of the Ada County-City EMS System. The Board shall, together with
the Parties' governing boards, comply with Idaho Code §§ 53-501-510, "The Assumed
Business Names Act of 1997" to conduct the business of the System under the name and
style of Ada County-City EMS System.
5.3 Combined Licensure. Any of the Parties to this Agreement may agree to combine their
state-issued EMS licenses and to operate under one EMS license as provided by the laws
of the state of Idaho and regulations of and as authorized by the state of Idaho
Department of Health and Welfare Bureau of EMS.
5.4 Transition Process. Those Parties agreeing to combine their state-issued EMS licenses
will do all things necessary to accomplish the transition of combining their EMS licenses
and to begin and continue operating lawfully under the Ada County-City EMS System.
5.5 Creation of a DBA. When any of the Parties to this Agreement agree to combine their
state-issued EMS licenses and operate under the EMS license of the Ada County-City
EMS System the Boazd, with all Board members eligible to vote, will establish a DBA,
which will hold the EMS license for the participating Parties.
ARTICLE VI
ADMINISTRATIVE COMMITTEE
6.1 Establishment of the System Administrative Committee. There is hereby established
an Ada County EMS System Administrative Committee. The Administrative Committee
shall serve to make recommendations to the Board.
6.1.1 Administrative Committee Membership. Voting members of the
Administrative Committee shall consist of a chief administrative official from
each Party. In addition, non-voting members may be invited to participate
including, but not limited to: a representative from the Ada County Emergency
Communications Center, representatives from hospitals located within the
System, representatives from the Medical Directorate, and other EMS or health
care agencies with a shared interest in emergency medical services. All actions
regarding a recommendation to the Boazd shall require atwo-thirds (2/3)
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majority vote of all voting Administrative Committee members present. Each
Party shall designate an alternate member who, in the absence of their
Administrative Committee member, shall have the right to a proxy vote on all
matters presented for a vote.
6.1.2 Administrative Committee Ex-officio Membership. Any legal entity or person
who is providing EMS Services in the System Area under a current license issued
by the EMS Bureau, either as air medical services, ambulance services, and/or
non-transport services, may apply for membership on the Administrative
Committee as an Ex-officio member with rights to participate in the meetings
subject to the rule of the chairman, without the right to vote and without a right to
participate in or attend any executive session matter or on any agenda item
involving personnel or a claim of default of a Party.
6.1.3 Officers. Annually, in January, the Administrative Committee shall appoint a
chairman, vice chairman, and secretary whose primary responsibilities are as
follows:
6.1.3.1 The Chairman shall be a member of the Administrative
Committee and shall conduct all meetings of the Administrative
Committee, and shall act as the spokesperson for the
Administrative Committee when presenting to the Board.
6.1.3.2 The Vice Chairman shall be a member of the Administrative
Committee and shall carry out the functions of the Chairman in
the absence of the Chairman and any other duties assigned by the
Administrative Committee.
6.1.3.3 The Secretary may or may not be a member of the Administrative
Committee and shall be responsible for posting agenda notices and
preparation of minutes of the Administrative Committee. The
agenda for each meeting shall be sent to the members fourteen
(14) days before the meeting date.
6.1.3.4 These officers shall have no powers or duties except as provided
in this Agreement or conferred by the Board.
6.2. Purpose. The purpose of the Administrative Committee is to provide operational
expertise as outlined in the Administrative Committee procedures and to make
recommendations to the Board. The Administrative Committee will meet at least bi-
monthly, but may meet more often depending on need.
6.3. Responsibility. The Administrative Committee responsibilities shall include, but are not
limited to, the following:
6.3.1 Development, maintenance, and annual review of the Ada County-City EMS
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System Operation and Finance Plan to include, but not limited to: System
deployment plan, System staffing levels and licensere levels, current and future
funding needs, capital improvement plan, determination of System performance
levels, assuring a quality management program, development of a System
training and education plan, and other functions not specifically identified but
intended to meet the requirements for the safe and efficient operation of the EMS
System.
6.3.1.1 Review and update annually any change in System configuration.
6.3.1.2 Prepare, in accordance with the provisions of this subsection, any
reports, Standard Operating Procedures, Quality Improvement Plan,
Quality Assurance Plan or budget recommendation to submit to the
Board for approval prior to publication and implementation.
6.3.1.3 Provide for the coordination, planning, and provision of transport and
non-transport EMS services between the Parties, which may include
air medical service within the System Area. Ensure that EMS services
are rendered in a timely and cost effective manner, at an optimal level
of care. The Administrative Committee shall consider the current
EMS standards, existing EMS service capabilities, trends, desired
goals, and future EMS service capabilities for each planning
component with due consideration of the limited funds available to
provide such services.
6.3.1.4 The Administrative Committee shall consider, along with its
accompanying maps, charts and reports, the following components
and criteria:
6.3.1.4.1 The current emergency medical services system structure
and performance;
6.3.1.4.2 Emergency medical services resources and capability
throughout the System, to include licensees, employees,
contractors, volunteers, and any demonstrated need for
change;
6.3.1.4.3 Population and other pertinent demographics within the
EMS System, including analyses of hospital services and
past, present, and future trends in population and
characteristics such as age, mortality, insurance and
revenue to support EMS within the System Area;
6.3.1.4.4 Other EMS factors, including but not limited to response
time standards, medical standards of care, required staffing,
EMS equipment and facilities standards within the System
Area, EMS System deployment plans, mutual aid
agreements, competency management strategy,
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compensation/reimbursement plan, and data collection
plan;
6.3.1.4.5 Recommended performance standards that are currently
recognized under national, state and local standards and
guidelines; and
6.3.1.4.6 Private EMS provider's services and capabilities within the
Service Area.
6.3.2 Develop, maintain and monitor EMS performance criteria by the Parties and any
Medical Service Providers under contract pursuant to Section 4.6 of this
Agreement.
6.3.3 Receive communications, review and make recommendations to the Board
regarding any ongoing operational and/or planning and/or funding issues in order
to coordinate EMS service and resources, transport and non-transport and air
medical service, within the System Area.
6.3.4 Conduct EMS services informational meetings and consult with public officials
and agencies, the medical community, the public, and civic, educational,
professional, or other organizations.
6.3.5 Other duties as may be assigned by the Board.
ARTICLE VII
SYSTEM MEDICAL DIRECTORATE
7.1 Establishment of the System Medical Directorate; Standards and Procedures. There
is hereby established a System Medical Directorate. The Medical Directorate
composition shall be two (2) qualified physicians as recommended by the Administrative
Committee and appointed by the Board. The Medical Directorate members shall appoint
a chairman, who shall set the agenda and preside over the meetings, serve as the
spokesman for the System Medical Directorate, and serve as an ex-officio member of the
Administrative Committee. The Board shall adopt administrative guidelines and
procedures concerning the conduct and the responsibilities of the System Medical
Directorate.
7.2 Purpose of the System Medical Directorate. The System Medical Directorate executes
the duties and functions in accordance with the laws of the state of Idaho, the Rules and
Regulations of the Idaho EMS Physicians' Commission, the state of Idaho EMS Bureau,
and any other rules or regulations concerning emergency medical services.
7.3 Authority. Decisions pertaining to medical oversight rendered by the System Medical
Directorate shall be binding upon the Parties, unless otherwise specifically noted within
this Agreement.
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7.4 Responsibility. The Ada County-City EMS System Medical Directorate shall have and
exercise the following duties:
7.4.1 Be responsible for the clinical management and medical oversight of the Parties'
EMS services within the System Area and for compliance with the rules and
regulations of the Idaho EMS Physicians' Commission, rules and regulations of
the State of Idaho EMS Bureau and any associated rules and regulations
concerning emergency medical services;
7.4.2 Determine the content of the System's Medical Supervision Plan;
7.4.3 Assess clinical ramifications of field operating procedures;
7.4.4 Evaluate the prospective clinical effects of administrative and operating proposals;
7.4.5 Establish the scope of practice of EMS personnel functioning within the System
as required by the rules of the EMS Physician Commission and/or performance
requirements as set forth by the System; and
7.4.6 Identify opportunities for improving the quality of medical care delivered to
patients in the out of hospital setting within the System Area.
7.5 Meetings. The System Medical Directorate shall meet at least bi-monthly and at the call
of the chairman. All meetings shall be conducted and noticed in accordance with the
Idaho Open Meeting Laws, Sections 67-2342 through 67-2345, Idaho Code and any
meeting rules adopted by the Board. A majority of the System Medical Directorate shall
constitute a quorum for the transaction of any business, for the performance of any duty,
or for the exercise of any power. Each member of the System Medical Directorate may
cast one vote during decision-making.
ARTICLE VIII
OTHER OBLIGATIONS OF THE PARTIES
8.1 Compliance with EMS Standards. Each Party shall at all times comply with standards
established by the laws of the state of Idaho and associated regulations, as well as any
other applicable federal law and/or regulation.
8.2 Agreement, Standards, Resolutions and Procedures Binding. The Board has the
authority to cooperatively exercise the powers of each Party in furtherance of the
purposes of this Agreement and the operations of the System to the extent conferred by .
this Agreement, and to the extent allowed by governing law.
8.2.1 Each Party agrees to be bound by this Agreement, its amendments, and by the
resolutions and procedures adopted by the Board within the powers granted to it
by this Agreement.
8.2.2 Each Party further agrees to do all things necessary and lawful to accomplish the
purpose of this Agreement, including adoption of any ordinance or resolution
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necessary to authorize the Party to perform under this Agreement.
8.3 Insurance. Each Party shall maintain a plan of insurance or self-insurance for
comprehensive liability in compliance with the Idaho Tort Claims Act, Title 6, Chapter
9, Idaho Code.
8.4 Billing and Collection. Each Party is responsible for arranging the billing and collection
of fees charged for the services it provides.
8.5 Individual Operation of the Parties; Allocation of Resources According to
Standards Adopted by Board; Furnishing of Equipment. The Board will establish
procedures and standards as well as specific direction for allocation of resources and
personnel within the System as well as other subjects as provided herein. Except as
provided by the System by action of the Board, each Party will provide its own
equipment and supplies on its vehicles, for its personnel, payroll, and its stations. All
Parties will retain control over those matters not related to the System or this Agreement,
which may include, but is not limited to: budgeting, personnel decisions, equipment,
offices, payroll, day-to-day operations and other related matters not impairing the
operation of the System or functioning of the Board.
8.5.1 Personnel. This Agreement does not create a separate legal entity and therefore
the Board shall have no authority to employ personnel directly. Personnel
additions and reductions are matters entirely under the authority of the Party
employing the personnel. The Board shall not take any action which is intended
to terminate the employment of any employee, who is employed by a Party on
the effective date of this Agreement.
8.5.2 Party Compliance with laws governing Personnel. Each Party is responsible
for their compliance, in the performance of any services under this Agreement,
with Idaho Code Section 67-5901 et seq., Title VII of the Civil Rights Act of
1964, 42 U.S.C. Section 2000, et seq., as amended by the Civil .Rights Act of
1991, the American with Disabilities Act of 1990, 42 U.S.C. Section 12101, et
seq. as amended by the American with Disabilities Act Amendments of 2008, the
Rehabilitation Act of 1973, 29 U.S.C. Section 701, et seq. the Age
Discrimination in Employment Act of 1967, 29 U.S.C. Section 621, et seq.
8.5.3 Party to Investigate Complaints. Each Party is responsible to investigate
complaints referred from the Board, the Administrative Committee, or the
Medical Directorate made by or against the Party's employees concerning
matters related to their performance of services governed under this Agreement.
This does not require a Party to report the results of any investigation. Each
Party retains control of its personal property, personnel records, reports, and
other documents for purposes of resolution or remediation of complaints.
8.6 Medical Supplies. Each Party shall provide necessary medical supplies for their
personnel and equipment to operate within the System. Upon direction from the Board,
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the Parties shall endeavor to engage in joint purchasing of medical supplies in order to
realize cost savings.
8.7 Indemnification. Each Party covenants and agrees with the other Parties to indemnify,
defend, and hold harmless each other Party, their officers, agents, and employees, from
and against all claims, losses, actions, or judgments for damages or injury to persons or
property arising from or connected to the acts and/or activities of it and/or its agents,
employees, or representatives pursuant to and under the terms of this Agreement to the
extent allowed by law.
ARTICLE IX
ADMINISTRATIVE SERVICES PROVIDED BY ADA COUNTY
9.1 Management of Funds and Administrative Support. The ACEMS District shall
provide for the day-to-day management of the System funds as proposed by the Board
through the policies and procedures established by the ACEMS District. The ACEMS
District shall also provide administrative support for the Board.
9.2 Financial Advice. Ada County may make available a financial manager to the System
from time to time in order to monitor the System's financial situation and to consult with
the Board concerning the same. The Board may seek their own financial manager as
needed.
9.3 Legal Counsel. The Parties agree to make their respective legal counsel available for use
by the Board, subject to a mutual agreement between the Party and the Board regarding
the legal services to be provided and payment for those services.
9.4 Ambulance Service. The ACEMS District shall continue to provide ambulance service
through its ambulance taxing district within the boundaries of the District.
9.5 Medical Supervision. The ACEMS District shall provide for a minimum of one Medical
Director for the System Medical Directorate.
ARTICLE X
NOTICE
10.1 All notices provided for in this Agreement are to be sent to the Secretary who shall
provide said notice to each Party.
10.2 Each Party shall designate in writing to the Secretary their address for the receipt of
official notices.
10.3 T'he effective date of notice given pursuant to this Agreement shall be three (3) days after
the date of posting with the U.S. Postal Service of notice sent to the Secretary or upon the
day of notice sent by facsimile or a-mail to the Secretary.
10.4 Secretary Notice Duties. The Secretary shall:
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10.4.1 Receive from the Party(s) and distribute to all Parties the following:
10.4.1.2 Notices provided for in this Agreement; and
10.4.1.3 The minutes and all official actions of the Joint Powers Board.
10.4.2 Keep a current registry of the correct Iegal name and address of all Parties to this
Agreement, each Board member, and each alternate.
10.4.3 Process notices of withdrawal and termination as provided in Article III, Sections
3.4 and 3.6 herein and proposals for amendment of this Agreement as provided in
Article III, Section 3.3 and Article XI herein.
ARTICLE XI
AMENDMENT PROVISIONS
This Agreement may only be amended in accordance with the following process:
l 1.1 An amendment may be proposed by a Party and/or by the Board.
11.2 A proposed amendment must be in writing and must include strikethrough of any
language to be deleted and underline of any new language of the proposed amendment.
Any proposed amendment will be considered an amendment to the entire Agreement and
must be submitted in that fashion.
1I.3 A proposed amendment shall contain a Statement of Purpose, which shall include a
statement of how the Parties will be affected by the amendment; the Party to contact for
information; and the amended Agreement text.
11.4 The proposing Party shall also prepare and submit to the Secretary a Restated and
Amended Agreement form for service by the Secretary in the event the proposed
amendment is approved.
11.5 The proposed amendment text, Statement of Purpose and a Restated and Amended
Agreement form shall be served upon the Secretary by the proponent Party or Board, as
the case may be.
11.6 The Secretary shall determine if the Proposed Amendment is in compliance with this
Article and shall advise the proponent Party in the event it is not.
11.7 If the amendment proposal is in compliance with this Article, the proposed amendment
shall be served and submitted to the Parties to this Agreement by the Secretary.
11.8 All Parties' approval is required for the approval of an amendment to this Agreement.
11.9 Parties must submit their approval, or their disapproval with reasoning, in accordance
with service of notice as provided in this Agreement and within sixty (60) days of the
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date of the cover notice from the Secretary.
11.10 The Secretary shall tally the approvals and or disapprovals within a reasonable time, or
in the case of no response, then soon after the sixty (60) day period for response. The
amended Agreement shall be effective after all Parties have duly signed.
11.11 The Secretary shall then give notice to the Parties of the results, and in the event the
amendment passes, the Secretary shall also include with notice to the Parties the
Restated and Amended Agreement.
ARTICLE XII
MISCELLANEOUS PROVISIONS
12.1 This Agreement shall not relieve any Party of any obligation or responsibility imposed
upon it by law.
12.2 Severability in Case of Partial Invalidity. If any portion of this Agreement is
determined to be invalid or unenforceable as a matter of law, such invalidity or lack of
enforcement shall be limited to such portion, and shall not affect any other portions or
provisions, which shall be given the fullest effect permitted by law. In the event that it
should ever be determined by a tribunal having appropriate jurisdiction that this
Agreement is illegal or unenforceable as a matter of law, this Agreement shall be
deemed to be null and void, from its inception, and the Parties hereto shall be relieved of
any further performance under the terms of this Agreement.
12.3 Governing Law. This Agreement shall be governed by the laws of the State of Idaho.
12.4 No Third Party Beneficiaries. Each Party to this Agreement intends that this
Agreement shall not benefit or create any right or cause of action in or on behalf of any
person or legal entity other than the Parties hereto.
12.5 Counterparts and Process to Become a Party. This Agreement will be executed and
delivered in counterparts, one for each Party, and at such time as the governing boazd of
an agency intent upon joining adopts the necessary resolution authorizing the execution
of the counterpart and a written notice thereof, including a copy of the resolution or other
authorizing act of its governing board is provided to the Secretary, this Agreement shall
then be in full force and effect to such Parties and shall have the force and effect of an
original, and copies of the signature pages of all counterparts shall be provided to all
Parties to this Agreement by the Secretary.
12.6 Captions. The subject headings of the paragraphs and subparagraphs of this Agreement
are included for purposes of convenience only and shall not affect the construction or
interpretation of any of its provisions.
12.7 Attorney Fees. If in the event judicial action of any kind is necessary to enforce the
terms of this Agreement, the prevailing Party shall be entitled to recover from the non-
JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE
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prevailing Pariy its reasonable attorney fees and costs as provided by Idaho law and the
Idaho Rules of Civil Procedure.
12.8 Entire Agreement. This is the entire agreement between the Parties and may be
modified only as provided herein.
Board of Ada County Commissioners
By:
a 'd L. Case, Commissioner
Absent, but Reviewed.
By:
Jim T' 'ssioner
By:
Rick Yza e, ommissioner
ATTEST•
Christopher D. Rich, Ada County Clerk
b..r IDhii pAn~ry~11A. ~FtiA'f DApUty
Board of the Ada County Emergency Medical Services District
By;
avi L. Case, Commissioner
By. Absents btlt Roviewed.
Jim Tibbs, Commissioner
• .,
By:
Rick Yzag ommissioner
ATTEST:
Christopher D. Rich, Ada County Clerk
by PhN MoQrane, Chief D~utY
JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE
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~~ t-~ i3
Date:
City of Boise
North Ada County Fire & Rescue District
Date: / ' ~ ~" ~~
Date: 7 '' l7 ~l ~
Date: __ ~ / 7~
Date: ~~ /~ ~~~
JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE
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1
Eagle Fire District
City of Boise
Date:
Date:
City of Meridian
Kuna Rural Fire District
Date:
Eagle Fire District
Date:
Date:
North Ada County Fire & Rescue District
~~ ~s / 3
' - ~~ Date:
Star Join ire Protection District
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