HomeMy WebLinkAboutC-2676 - Ambulance Emergency Transportation:.
BY THE CRY COUNCIL NEWPORT BEACH FIRE DEPARTMENT
CRY OF NEWPORT BEACH
NOV 9 WT November 9, 1987
AmflVFTl Item it Age d
F-3(a)
TO: Mayor and City Council
C _2676
- a677
FROM: J. M. Reed, Fire Chief
SUBJECT: Agreement for Provision of Qwgency Ambulance Transportation
Service
Recommendation: /
It is recommended that the City Council approve the Agreement for Seal's
Ambulance Company and Schaefer Ambulance Company to provide Emergency
Ambulance Transportation within the City of Newport Beach for the next
three years.
Discussion:
The action before the City Council is to consider the "Agreement for
Provision of Emergency Ambulance Transportation Service. This agreement
will authorize Seal's Ambulance Company and Schaefer Ambulance Company to
provide emergency ambulance transportation within the City of Newport
Beach. The companies will rotate each month between primary and secondary
provider.
The agreement contains eligibility requirements, operating rules and
regulations, equipment standards and rate schedules as adopted by the City
Council and has a three year term.
qREED .
Fire Chief
JMR:rw
2-676
THIS AGREEMENT, entered into this /AZ'�f/day of
November 1 198 7 , by and between the CITY OF NEWPORT BEACH,
hereinafter referred to as "CITY ", and Ceal's Ambulance Service ,
hereinafter referred to as "CONTRACTOR". This Agreement shall be
administered by the Fire Chief for the City, hereinafter referred
to as "ADMINISTRATOR".
R E C I T A L S:
WHEREAS, CITY desires to assure the availability of prompt
emergency ambulance transportation services within the City of
Newport Beach; and
WHEREAS, CONTRACTOR desires to provide such services upon the
terms and conditions set forth in the Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. DEFINITIONS:
The following terms and definitions shall be used in this
Agreement:
A. "Advanced Life Support Ambulance Transportation
Service" means transportation by ambulance of a patient who needs
advanced life support medical care while enroute from one
location to another. This transportation does not normally
require a Code 3 (red lights and siren.)
B. "Ambulance" means any privately or publicly owned
motor vehicle that is designed or constructed, and equipped, and
is intended to be used for and is maintained or operated for, the
transportation of patients, which otherwise comply with the
provisions of this Chapter, except any such motor vehicle owned
by, or operated under the direct control of, the Federal
Government.
C. "Ambulance Attendant" means a person whose primary
duty is to care for sick, injured, or disabled persons while they
are being transported in an ambulance.
D. "Ambulance Driver" means a person whose primary
duty is to drive an ambulance.
E. "Ambulance Operator" means any person, firm,
partnership, corporation or other organization which furnished or
offers to furnish ambulance services within the City.
-1-
9 0
F. "Emergency Ambulance Transportation Service ",
hereinafter referred to as "EATS" means transportation by
ambulance of a patient in need of medical treatment at a hospital
and ambulance services performed in response to an emergency.
This transportation may require Code 3 (red lights and siren.)
G. "Emergency Dispatch Center" means the Office of the
Fire Department of the City of Newport Beach, responsible for
authorizing EATS provided pursuant to this Agreement.
H. "Emergency Response Area ", hereinafter referred to
as "ERA ", means a geographical region specified by the Fire
Chief, within which EATS shall be provided pursuant to this
Agreement. The following are types of ERA's:
I. "Non - Emergency Ambulance Transportation Service"
means transportation by ambulance of a patient who is medically
stable but requires transportation from one location to
another. This transportation does not normally require Code 3
(red lights and siren.)
(1) Urban ERA - A region with a population density
of more than one hundred (100) persons per square mile.
(2) Rural ERA - Roads and contiguous canyon areas
of the local mountain ranges.
(3) Remote ERA - Regions of the Cleveland National
Forest which are within the County of Orange.
J. A "Dry Run" is a response by CONTRACTOR to a
request for EATS by the Emergency Dispatch Center, after which
such EATS are determined to be unnecessary.
K. "Primary Responder" means the agency shall be
requested first by the Bmergency Dispatch Center to provide EATS
in a designated BRA.
L. "Secondary Responder" means the agency which shall
be requested by the Emergency Dispatch Center to provide EATS in
the event that the Primary Responder is unable to provide such
services.
M. "Emergency Response Time" means the time that
elapses between a request for EATS by Emergency Dispatch Center
and arrival by CONTRACTOR at destination.
N. "Urgent Response Time" means the time that elapses
between a request for EATS by Emergency Dispatch center and
arrival by Certificate Holder at destination.
-2-
2. DESIGNATION•
A. CITY designates CONTRACTOR as the Primary and
Secondary Responder within the City limits of Newport Beach on
alternating months. CITY may suspend or revoke such designation
for failure to maintain compliance with, or for violation of, any
provisions of this Agreement.
B. CITY assumes no financial liability for services
provided pursuant to this Agreement, including financial
liability for the costs of Dry Runs.
3. SERVICES:
A. CONTRACTOR shall possess, maintain, and provide
such equipment, facilities, and supplies, and shall hire, train,
and provide such personnel as are necessary to respond on a
twenty -four (24) hour basis to requests by the Emergency Dispatch
Centers for EATS.
B.
CONTRACTOR shall adhere
to the following
operational standards:
(1) Emergency
Response
Time (Code 3 -red lights and
siren) within
an urban ERA shall
not
exceed ten (10) minutes;
(2) Emergency
Response
Time (Code 3 -red lights and
siren) for a
Rural ERA shall
not exceed
twenty (20) minutes;
(3) Emergency
Response
Time (Code 3 -red lights and
siren) for a
Remote ERA shall
not exceed thirty (30) minutes;
(4) Urgent Response Time (expeditious response
without red lights and siren) for an Urban ERA shall not exceed
fifteen (15) minutes;
(5) Urgent Response Time (expeditious response
without red lights and siren) for a Rural ERA shall not exceed
thirty (30) minutes;
(6) Urgent Response Time (expeditious response
without red lights and siren) for Remote ERA shall not exceed
forty -five (45) minutes;
(7) Upon request for response, the emergency
medical transportation provider for the indicated ERA(s) shall
have the responding unit enroute within three (3) minutes;
(8) A field supervisor shall be immediately
available on a twenty -four (24) hour basis.
-3-
0
E
C. Personnel performing duties under the terms and
conditions of this Agreement, shall meet the requirements of
Chapter 5.14 of the Newport Beach Municipal Code and shall be
subject to the following:
(1) A criminal history check to determine if
he /she is a responsible and proper person to conduct, operate or
engage in the provision of emergency medical transportation
services.
(2) Attendants shall be at least eight (18) years
of age and be trained and competent in the proper use of all
equipment, and shall hold current "EMT IA" certification in
compliance with state laws, rules and regulations. Additionally,
each attendant shall hold a valid permit issued by the City of
Newport Beach, indicating compliance with Chapter 5.14 of the
Newport Beach Municipal Code.
(3) There shall be at least one (1) dispatcher on
a twenty -four (24) hour per day basis who is adequately trained
in radio operations and protocol standards established by state
and county laws, rules and regulations.
D. CONTRACTOR shall install and maintain Med -10 radios
in each first line and reserve units as required by any laws,
regulations, standards or requirements set forth in this
Agreement.
E. CONTRACTOR shall adhere to the equipment standards
set forth in Orange County Emergency Medical Services Agency
Policy /Procedure Section 730.00.
4. RATE SCHEDULE:
CONTRACTOR shall charge the rates for services to be
provided under this Agreement as set forth in Exhibit "A" which
is incorporated herein by this reference. No other rates may be
charged without prior compliance with the Chapter 5.14 of the
Newport Beach Municipal Code and written modification of this
Agreement signed by both CONTRACTOR and the CITY.
5. STANDARD OF CARE:
CONTRACTOR agrees to perform all services hereunder in a
manner commensurate with the community professional standards and
agrees that all services shall be performed by qualified and
experienced personnel who are not employed by CITY nor have any
contractural relationship with CITY.
-4-
0
6. INDEPENDENT PARTIES:
CITY and CONTRACTOR intend that the relation between
them created by this Agreement is that of employer- independent
contractor. The manner and means of conducting the work are
under the control of CONTRACTOR, except to the extent they are
limited by statute, rule or regulation and the express terms of
this Agreement. No civil service status or other right of
employment will be acquired by virtue of CONTRACTOR'S services.
None of the benefits provided by CITY to its employees, including
but not limited to unemployment insurance, worker's compensation
plans, vacation and sick leave are available from CITY to
CONTRACTOR, its employees or agents. Deductions shall not be
made for any state or federal taxes, FICA payments, PERS
payments, or other purposes normally associated with an employer -
employee relationship from any fees due CONTRACTOR. Payments of
the above items, if required, are the responsibility of
CONTRACTOR.
7. HDLD HARMLESS:
CONTRACTOR shall indemnify and hold harmless CITY, its
City Council, boards and commissions, officers and employees from
and against any and all loss, damages, liability, claims, suits,
costs and expenses whatsoever, including reasonable attorneys'
fees, regardless of the merit or outcome of any such claim or
suit arising from or in any manner connected to CONTRACTOR'S
negligent performance of services or work conducted or performed
pursuant to this Agreement.
CONTRACTOR shall indemnify and hold harmless CITY, its City
Council, boards and commissions, officers and employees from and
against any and all loss, damages, liability, claims, suits,
costs and expenses whatsoever, including reasonable attorneys'
fees, accruing or resulting to any and all persons, firms, or
corporations furnishing or supplying work, services, materials,
equipmentor supplies arising from or in any manner connected to
the CONTRACTOR'S negligent performance of services or work
conducted or performed pursuant to this Agreement.
8. ALTERATION OF TERMS:
This Agreement and Chapter 5.14 of the Newport Beach
Municipal Code, together with any Exhibits(s) attached hereto and
incorporated herein by reference, fully expresses all
understandings of CITY and CONTRACTOR with respect to the subject
matter of this Agreement and shall constitute the total agreement
between the parties for these purposes. No addition to, or
alteration of, the terms of this Agreement and Chapter 5.14 of
the Newport Beach Municipal Code or any Exhibit(s) thereto,
whether written or verbal, shall be valid unless made in writing
and formally approved and executed by both parties.
-5-
• •
9. INSURANCEMM:
A. INSURANCE: On or before the commencement of the
term of this Agreement, CONTRACTOR shall furnish CITY with
certificates showing the type, amount, class of operations
covered, effective dates and dates of expiration of insurance
coverage in compliance with Section 5.14.200 of the Newport Beach
Municipal Code. Such certificates, which do not limit
CONTRACTOR'S indemnification, shall also contain substantially
the following statement:
"Should any of the above insurance covered by this
certificate be cancelled or coverage reduced before
the expiration date thereof, the insurer afforded
coverage shall provide thirty (30) days' advance
notice to the City of Newport Beach by certified
mail, Attention: Fire Chief."
It is agreed that CONTRACTOR shall maintain in force at all
times during the performance of this Agreement all appropriate
coverage of insurance required by this Agreement with an
insurance comrpany that is acceptable to the Finance Director and
licensed to do insurance business in the State of California.
Consultant shall maintain the following insurance coverage:
(1) Worker's Compensation:
Statutory coverage as required by the State of
California.
(2) Liability:
Comprehensive automobile liability insurance,
comprehensive general liability insurance and
professional liability insurance as required by
Section 5.14.200 of the Newport Beach Municipal
Code.
10. PROHIBITION AGAINST TRANSFER:
CONTRACTOR shall not assign, sublease, hypothecate, or
transfer this Agreement or any interest therein directly or
indirectly, by operation of law or otherwise without prior
written consent of CITY. Any attempt to do so without said
consent shall be null and void, and any assignee, sublessee,
hypothecate or transferee shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
The sale, assignment, transfer or other disposition of any of
the issued and outstanding capital stock of CONTRACTOR, or of the
interest of any general partner or joint venturer or syndicate
member or cotenant if CONTRACTOR is a partnership or joint
venture or syndicate or contenancy, which shall result in
-6-
0 •
changing the control of CONTRACTOR, shall be construed as an
assignment of this Agreement. Control means fifty percent (50 %)
or more of the voting power of the corporation
11. LICENSES AND LAZY:
A. CONTRACTOR shall, throughout the term of this
Agreement, maintain all necessary licenses, permits, approvals,
waivers and exemptions necessary for the provision of the
services hereunder and required by the laws and regulations of
the United States, the State of California, the City of Newport
Beach and all other governmental agencies. CONTRACTOR shall
notify administrator immediately and in writing of its inability
to obtain or maintain such permits, licenses, approvals, waiver
and exemptions. The refusal of any such application,
irrespective of appeal shall require written notification of
administrator.
B. As they affect the provisions of the services
hereunder, CONTRACTOR shall comply with the City of Newport Beach
Municipal Code. CONTRACTOR shall be further subject to and
comply with any laws, regulations or ordinances established by
the following, as they now exist or may be hereafter amended:
(1) California Highway Patrol;
(2) City of Newport Beach including, but not
limited to, the Newport Beach Fire Department;
(3) County Health Care Agency /Emergency Medical
Services Agency.
(4) County General Services Agency /Communication
Division;
(5) State of California Bnergency Medical Services
Author ity.
12. NONDISCRIMINATION:
A. CONTRACTOR shall not discriminate in the provision
of services, employment practices, or in the allocation of
benefits on the basis of color, race, religion, national origin,
sex, age, physical or mental handicap in accordance with Title VI
and VII of the Civil Rights Act 1964, 42 U.S.C. Section 2000d,
rules and regulations promulgated pursuant thereto, and under the
laws of the State of California as each law, rule or regulation
may now exist or hereafter be amended.
-7-
•
13. NOTICES:
All notices, demands, requests or approvals to be given
under this Agreement shall be given in writing and conclusively
shall be deemed served when delivered personally or on the second
business day after the deposit thereof in the United States mail,
postage prepaid, registered or certified, addressed as
hereinafter provided.
All notices, demands, requests, or approvals from
CONTRACTOR to CITY shall be addressed to CITY at:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Fire Chief
All notices, demands, requests, or approvals from CITY
to CONTRACTOR shall be addressed to CONTRACTOR at:
u-
14. REPORTS:
A. Administrator may request reasonable reports of
CONTRACTOR in order to determine the quality of services provided
hereunder.
B. The report shall include but not be limited to the
following:
(1) Dispatch, enroute, on -scene and available
t imes;
(2) Mileage;
(3) Services performed;
(4) Supplies and equipment expended;
(5) Patient information to include name,
residence, medical status, vital signs, chief
complaint and disposition.
C. ADMINISTRATOR will be specific as to the
information requested, and allow thirty (30) days for CONTRACTOR
to respond.
-8-
• •
D. Each and every report, draft, work product, map,
record and other document reproduced, prepared or caused to be
prepared by CONTRACTOR pursuant to or in connection with this
Agreement shall be the exclusive property of CITY.
E. No report, information or other data given to or
prepared or assembled by CONTRACTOR pursuant to this Agreement
shall be made available to any individual or organization by
CONTRACTOR without prior approval by CITY.
15. RBCORDS:
CONTRACTOR shall maintain adequate records of services
provided in sufficient detail to permit an evaluation of
services. All such records shall be maintained in accordance
with generally accepted accounting principles and shall be
clearly identified and readily accessible. Consultant shall
provide free access to the representatives of CITY or its
designees at all proper times to such books and records, and
gives CITY the right to examine and audit same, and to make
transcripts therefrom as necessary, and to allow inspection of
all work, data, documents, proceedings and activities related to
this Agreement. Such records, togther with supporting documents,
shall be kept separate from other documents and records and shall
be maintained for a period of three (3) years after receipt of
final payment.
16. TERM:
The term of this Agreement shall be for three (3) years
commencing on NovPmher 11 , 198_, and expiring on
November 11 , 19 0 unless terminated earlier as set
for th here in.
A. Either party may
providing the other party with
prior written notice.
terminate this Agreement upon
one hundred eighty (180) days'
B. This Agreement shall terminate and the duties of
the parties hereto cease immediately, at the option of the CITY,
should CONTRACTOR fail to perform the covenants contained in this
Agreement in the time and manner specified. The reasons for
termination include, but are not limited to, the following:
(1) The lapse of any license, permit or approval
issued CONTRACTOR necessary to the services provided within this
Agreement by any federal, state, or local government;
(2) Unethical conduct or malpractice by CONTRACTOR
as determined either by a court of competent jurisdiction or by
such review processes as are, or may be, established by CITY;
-9-
(3) The breach by CONTRACTOR of any provision of
this Agreement or any covenant contained herein.
C. Notice of termination shall be given in the manner
set out In the paragraph called Notices of this Agreement.
17. WAIVER OF DEFAULT:
Waiver of any default shall not be deemed to be a waiver
of any subsequent default. Waiver or breach of any provision of
this Agreement shall not be deemed to be a waiver of any other or
subsequent breach, and shall not be construed to be a
modification of the terms of this Agreement unless stated to be
such, in writing, by CITY and attached to the original Agreement.
18. COST OF LITIGATION:
If any legal action is necessary to enforce any
provision hereof or for damages by reason of an alleged breach of
any provisions of this Agreement, the prevailing party shall be
entitled to receive from the losing party all costs and expenses
in such amount as the court may adjudge to be reasonable
attorneys' fees.
IN WITNESS WHEREOF, the parties have executed this Agreement
in the City of Newport Beach, County of Orange, State of
California on the day, month and year above written.
APPROVED AS
ATTEST:
�Z
City Clerk
CITY OF N
A municip
CONTRA
-10-
T BEACH
t'
EXHIBIT "A"
The emergency ambulance provider shall provide transport
for injured on -duty Newport Beach employees at no cost to the
individual or the City of Newport Beach (provider may bill
appropriate insurance carriers). Rates for residents of the City
of Newport Beach versus non - resident Cities will be as follows:
RESIDENT
NEiNPORT BEACH NON- RESIDENT
Basic Rent
$ 85.00
$ 96.00
Mileage
5.00
6.00
Night Charge
19.00
19.00
Bnergency
19.00
19.00
Oxygen
19.00
19.00
Patients who are covered by Medicare shall be charged no
more than the amount paid by Medicare for services used.