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HomeMy WebLinkAboutC-2677 - Ambulance Emergency TransportationL- I J MEMORANDUM OFFICE OF THE CITY ATTORNEY October 30, 1989 �Z 2 F-9(a) o?) SY 7 :I TY COUNCIL CITE` "I` A " &OIT °JICI OCT 3 0 1989 TO: Honorable Mayor and Members of the City Council FROM: Robin Flory, Assistant City Attorney RE: Termination of Agreement for Provision of Emergency Transportation Service With Schaefer's Ambulance Service On November 12, 1987, the City entered into an agreement with Schaefer's Ambulance Service for emergency, advance life support ambulance transportation service pursuant to section 5.14.030 of the Newport Beach Municipal Code. By its terms, the agreement will expire on November 11, 1990. On September 27, 1989, staff met with representatives from Schaefer's Ambulance Service to discuss recurring problems staff was experiencing with the service Schaefer's Ambulance was providing to the City. Subsequent to the meeting, James McNeal, President of Schaefer's Ambulance, notified the City that Schaefer's Ambulance had decided to terminate. its agreement with the City. Therefore, by mutual agreement of the Newport Beach Fire Department and Schaefer's Ambulance Service, Schaefer's Ambulance will not provide emergency ambulance services to the City for the remaining term of the agreement. An agreement to terminate the services of Schaefer's Ambulance is attached. It is requested that the Mayor and Councilmembers approve, and authorize the Mayor to execute, the attached agreement. Assistant Cit Attorney RF /mll attachment xc: Chief James Reed 1 ` L- I J MEMORANDUM OFFICE OF THE CITY ATTORNEY October 30, 1989 �Z 2 F-9(a) o?) SY 7 :I TY COUNCIL CITE` "I` A " &OIT °JICI OCT 3 0 1989 TO: Honorable Mayor and Members of the City Council FROM: Robin Flory, Assistant City Attorney RE: Termination of Agreement for Provision of Emergency Transportation Service With Schaefer's Ambulance Service On November 12, 1987, the City entered into an agreement with Schaefer's Ambulance Service for emergency, advance life support ambulance transportation service pursuant to section 5.14.030 of the Newport Beach Municipal Code. By its terms, the agreement will expire on November 11, 1990. On September 27, 1989, staff met with representatives from Schaefer's Ambulance Service to discuss recurring problems staff was experiencing with the service Schaefer's Ambulance was providing to the City. Subsequent to the meeting, James McNeal, President of Schaefer's Ambulance, notified the City that Schaefer's Ambulance had decided to terminate. its agreement with the City. Therefore, by mutual agreement of the Newport Beach Fire Department and Schaefer's Ambulance Service, Schaefer's Ambulance will not provide emergency ambulance services to the City for the remaining term of the agreement. An agreement to terminate the services of Schaefer's Ambulance is attached. It is requested that the Mayor and Councilmembers approve, and authorize the Mayor to execute, the attached agreement. Assistant Cit Attorney RF /mll attachment xc: Chief James Reed MEMORANDUM�CLV� OFFICE OF THE CITY ATTORNEY November 27, 1989 TO: Mayor Donald Strauss and Wanda Raggio, City Clerk FROM: Maureen Lewis, Legal Secretary I RE: Execution of Agreement to Terminate Emergency Ambulance Transportation Service Mayor's Office: Please sign the attached Agreement then route to the City Clerk's Office. City Clerk's Office: Please sign the attached Agreement. Retain the original and route a copy to this office. Thank you!! If you have any questions, please call me. Maureen Lewis Legal Secretary I MLL /m attachment r. i 0 AGREEMENT TO TERMINATE EMERGENCY AMBULANCE TRANSPORTATION SERVICE This Agreement entered into by and between the City of Newport Beach (hereinafter referred to as "City ") and Schaefer's Ambulance Services (hereinafter referred to as "Contractor "). RECITALS: WHEREAS, on or about November 12, 1987, City entered into an Agreement with Contractor for Contractor to provide emergency ambulance transportation services within the City of Newport Beach. WHEREAS, on September 18, 1989, the City served notice of its intent to revoke Contractor's Certificate of Convenience and Necessity for emergency transportation services to the City. WHEREAS, the time for Contractor to appeal the revocation of its Certificate expired on October 3, 1989. WHEREAS, Section 11 of the Agreement requires Contractor to maintain all licenses and permits necessary to provide emergency ambulance services for the City. WHEREAS, Section 16(B)1 provides that the Agreement may be terminated upon the lapse of any required permit or approval. NOW, THEREFORE, it is mutually agreed as follows: 1. The November 12, 1987 agreement is hereby terminated effective October 3, 1989. IN WITNESS WHEREOF, the parties have executed this agreement on the day, month and year written below. Dated • Dated: /N/- : CITY OF NEWPORT BEACH, a municipal co oration MAYOR ATTEST: a • BY THE CITY COUNCIL NEWPORT BEACH FIRE DEPARTMENT CITY OF NEWPORT BEACH NOV 9 1987 November 9, 1987 .4 kL31 d}In Council Agenda Item No.-F-3(a) T0: Mayor and City Council C Z— 7Z, FROM: J. M. Reed, Fire Chief SUBJECT: Agreement for Provision of Emergency 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. J. M. REED Fire Chief JMR:rw (0)] i 6 • THIS AGREEMENT, entered into this /a'l6(--day of November , 198 7 , by and between the CITY OF NEWPORT BEACH, hereinafter referred to as "CITY ", and Schaefer 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. -I- F. " Energency 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- Bnergency 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. i (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 Emergency Dispatch Center to provide EATS in a designated ERA. L. "Secondary Responder" means the agency which shall be requested by the Emergency Dispatch Center to provide EATS in i 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- 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 "FMT 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 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. HOLD 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. INSURANCE /BOND: 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 company 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 Conpensation: Statutory coverage as required by the State of California. (2) Liability: Co ve nsive 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. PRORIBITION 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 9 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 LAW: 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 /Flnergency Medical Services Agency. (4) County General Services Agency /Co mnunication Division; (5) State of California Rnergency Medical Services Authority. 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- 0 0 13. LATICES: 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: Schaefer Ambulance Service 2215 -19 South Bristol Santa Ana, California 92707 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 November 11 , 19_87 , and expiring on November 11 , 19 go , unless terminated earlier as set forth herein. 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 jur isdict ion 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. CITY OF N A muor%o i p BY: 71101 AS 7'0 FORM: City Attorney T BEACH CONTRACTOR: BY r ATTEST: City Clerk -10- IV 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 NEWPORT 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.