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HomeMy WebLinkAboutC-2863(A) - Emergency Ambulance Transportation Services (Primary)»: AI.11 1l11e. IffUEDAI! MM OD 1 Gregg—Miller & Associates CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE P.O. Box 34 POLICIES BELOW. Phoenix, AZ 85001 -0034 COMPANIES AFFORDING COVERAGE 602 - 222 -5700 COMPANY LE77ER A Scottsdale Insurance Company COMPANY LETTER E1 INSURED Seal's Ambulance Service Sealson, Inc. DBA: COMPANY LE77ER C P.O. Box 10789 Costa Mesa COMPANY D MEWED 1993 CA 92627 COMPANY E CITY CLERK LETTER CITY OF PMT REACH THIS IS TO CERTIFY THAT THE POLICIES ^OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWNMAY HAVE BEEN REDUCED BY PAID CLAMS. CO LTF TYPEOP Nf11RAN0E POLICY NUMEER POLICYEFFECTN[ DATE(MM /OD /YY) PCLICVEXPIRATM DATE(MM /DD /YY) LIMnf OENERALLIABLRY GENERAL AGGREGATE t 1000000 X PRODUCTS-COMP /OP AGO. NOT COVERED A COMMERCIALGENERALLIABILITY X I CLAIMS MADE F7 OCCUR. CLSO47639 11/19/92 11/19/93 :i PERSONAL & ADY. INJURY t 1000000 EACH OCCURRENCE t 1000000 OWNER'S & CONTRACTOR'S PROT. FIRE DAMAGE (Any one tire) t 50000 "AMENDED" MED. EXPENSE (Any one Person NOT COVERED A AUTOMIOBLE LIABILITY ANY AUTO CAS021836 11/19/92 11/19/93 COMBINED SINGLE LIMIT 1 1000000 X BODILY INJURY (Per person) IF ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY IF HIRED AUTOS X NON -OWNED AUTOS Wer accitlenl) PROPERTY DAMAGE IF GARAGE LIABILITY EXCESSL1ABLnv EACH OCCURRENCE t AGGREGATE IT UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION $TATUT R:Y LIMITS EACH ACCIDENTS AND DISEASE- POLICY LIMIT S EMPLOYERS'LIABLRY DISEASE -EACH EMPLOYEE 1 OMER A Professional EMS000034 11/19/92 11/19/93 $1,000,000. EA.000. Liability $1,000,000. at DESORPTION OF OPERATIONSILOO &iNNSIYEN MLESISPCCIAL ITEMS E IFl11kEHOL131 R. CAN0ELt1�11CN 9 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE :3 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYSWRIT T ENNOT ICE TO THE CERTIFICATE HOLDERNAMEDTO THE CITY OF NEWPORT BEACH 3: LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR P.O. BOX 1768 LIABILITY OF ANY KINDUPON THE COMPANY, ITS AGENTSOR REPRESENT ATIVES NEWPORT BEACH, CA 92659- 1768 ATTN CITY CLERK AUTHOR lzz}}��REPRESENTAT e � 300425000 : —M A100.f , PROII1960 . 0 0 �! N �T� Fl INS 4r,,:a"7F' ar.. : atUEDATE caLL,00IYY) ow Gregg — Miller & Associates CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE P.O. Box 34 POLICIES BELOW. Phoenix, Az 85001 -0034 COMPANIES AFFORDING COVERAGE 602 - 222 -5700 LETTER A Scottsdale Insurance Com an COA LETTERS B Seal's Ambulance Service Sealson, Inc. DBA: COMPANY C b',t. P.O. Box 10769 Costa Mesa LCEOTIERNV D COMPANY R E CA 92627 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITIONOF ANY CONTRACT OROTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWNMAY HAVE BEEN REDUCED BY PAID CLAMS. Co LTI TYPE OF Wa1FRA POLICY NUMBER POLICY EFFECTIVE DATE(MM /DD /YY') FWLIOVEXPRAT DATE(MM /OD /W) LIMITS OENERALLIABLETY GENERAL AGGRFGALF { 1000000 X PRODUCTS - COMP /OP AGO. { 1000000 A COMMERCIAL GENERAL LIABILITY X CLAIMS MADE F7 OCCUR. CLSO47639 11/19/92 11/19/93 :! PERSONAL & ADV. INJURY { 1000000 EACH OCCURRENCE { 1000000 OWNER'S & CONTRACTOR'S PROT, FIRE DAMAGE (Any one Eire) = 50080 MED. EXPENSE (Any one Person NOT COVERED A AVTOMOBLE LIABILITY ANY AUTO CAS021036 11/19/92 11/19/93 COMBINED SINGLE LIMIT _ 1000000 X BODILY INJURY (PC, Peso.) { ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY IT HIRED AUTOS X NON -OWNED AUTOS (Per aeeideol) PROPERTY DAMAGE { GARAGE LIABILITY EXCESSLIABLRY EACH OCCURRENCE { AGGREGATE { U.IBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS EACH ACCIDENT{ AND DISEASE- POLICY LIMIT { EMPLOVERS'LIABLRY DISEASE-EACH EMPLOYEE 1 OTHER X PROFESSIONAL EMS000034 11/19/92 11/19/93 $1,000,000. EA.000. X LIABILITY $1,000,000. DESCRIPTION OF OP ERATWAMOCATMNSLVEHICLesFSPECIAL REMa 9ERiIFICA' OMUM1.1 CAN�EI CATION SHOULD ANY OF T HE ABO VE DE SCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYSWRIT T ENNOTICE TO THECERTIFICATE HOLDER NAMEDTO THE CITY OF NEWPORT BEACH :y; ;; LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR P.O. BOX 1768 cii LIABILITY OF ANY KIND UPONTHE COMPANY. ITS AGENTS OR REPRESENT ATIVES, NEWPORT BEACH, CA 92659 -1750 ATTN: CITY CLERK SGi AUIH R„E0. TrvE A --^ r`-� 300425000 n " ..............:.........r..... 'A:':;: Vk'^. l^..&;Y: >::v %p.:L ^.Y'2:: ^.'..y. y., •,u,:,.u:.u»v. uca a. R a>r01r�1ssy[Jl38 . :,, >. ,. ;.,.,.... , ?,;. s1 :A�6)tD+CCltrd1�)kki0tin44,.' A0401ULi. . I AT� ,..,......., .,. ,.. ,.. ��� :: Issa DATE (wu/Dp/w) d(roDUlxn CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Gregg-Miller SE Associates DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE P.O. Box 34 POLICIES BELOW. COWANIES AFFORDING COVERAGE Phoenix, AZ 95001 -0034 502- 222 -5700 COMPANY A Az Star Casualty Company COMPANY LETTER B Seals Ambulance Service Sealson, Inc. DBA: LETTER COMPANY C � P.O. Box 10799 Costa Mesa COMPANY o��m LETTER D v COMPANY LETTER E mb Z r CA 92627 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FDA THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITIONOF ANY CONTRACT OROTHER DOCUMENT WITHRESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOW NMAV HAVE BEEN REDUCED BY PAID CLAMS. W LTI 7YPEOF INSURANCE POLIOVNUMBER POLWYEFFECTME DATE (MM /Op /W) POLIOYEXPIRAT DATE (MM /OD /Vn LIMITS GENERAL LIASLnY GENERAL AGGREGATE t 1000000 A X COMMERCIAL GENERAL LIABILITY APK100459 3/15/92 3/15/93 PRODUCTS - COMP /OP AGO. 1 1000000 X I CLAIMS MADE rI OCCUR. l PERSONAL & AR'. INJURY S 1000000 EACH OCCURRENCE 1 1000000 OWNER'S & CONTRACTOR'S PROT. FIRE DAMAGE (Any one lire) 50000 MID. EXPENSE (My one persov : 5000 A AMTOMOBSE LIABILITY ANY AUTO AA0000420 3/15/92 3/15/93 COMBINED SINGLE LIMIT S 1000000 X BODILY INJURY (Per person) = ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY S HIRED AUTOS X NON - OWNEO AUTOS (Per accident) PROPERTY DAMAGE S GARAGE LIABILITY EXOESSLIABLITY EACH OCCURRENCE % AGGREGATE UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND _ _ — STATUTORY LIMITS EACH ACCIDENT % DISEASE- POLICY LIMIT IT EMPLOVERS'LIABLBY DISEASE -EACH EMPLOYEE % OTHER A PROFESSIONAL APK100469 3/15/92 3/15/93 S1,D00,000. EA. OCC LIABILITY 51,000,000. AGGREGATE DESORPTION OF OPELATI @ALLOCATIONSIVENICLESISPECIAL ITEMS CERTIFICATE:;.., LO R CANCELLATION ?:� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE '.! EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAVSWRIT TENNOTICE TO T HECERTIFICATE HOLDER NAMEDT O THE CITY OF NEWPORT BEACH ?. ". LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR P.O. BOX 1768 %I:!'. LIABILIT V OF ANY KIND UPON T HE COMPANY, ITS AGENT S OR REPRESENT A TIVES. NEWPORT BEACH, CA 92659 -1769 ATTN: CITY CLERK nvrno REPIIESENT THE , era /�/%. (� 300425000 A001:1ll. CERTIFICATE OF PROOVCCR INSURANCE ISSUE DATE (MM /DD /Yy) T1___3L.O 7 / 9 1_ _... IHIS CEPI IFIC ATE IS ISSUED AS A MATTER OF INF OPMAIION ONLY AND CONFER; Gregg — Miller d Associat Ds P.O. Box 34 NO PIGH I S UPON T HE CERT IFIC A T E HOLDER t HIS CERT IFIC A I E DOE S NO T AMEHO. EXTEND OR ALTER THE COVERAGE AFFORDED By IHE POLICIES BELOW COMPANIES AFFORDING COVERAGE Phoenix, AZ 55001 -0034 602- 222 -5700 CODE suD.eooe COMPANY A COMPANV LEVER 8 INSURER _. Seals Ambulance Sealson, Inc. RBA: COMPANY /� V COMPANY LEIFER D - P,O. Box 10759 Corti Mesa COWANY LEIIER E IDS CA 92627 THIS IS TO CEP719Y THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOP THE POE"_', DEPIOO INDICATED. NOT WITHSTANDING ANY REOUIDEMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CEDIIFICAIE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 10 THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LMITS SHOWNMAY HAVE BEEN REDUCED BY PAID CLAMS AD It TYPE OF INSURANCE POLICY NVMOER POLICY[ /FCOTIVE DAIE(MM /DD /VV) POLIOYEXPIRATIO DATE(MM /DD /YY) ALL LIMITS IN TNOVi ANDS NERALLIAOILITY GENERAL AGGAEOATE f 100_0_ X PRODUCTS- COMPIOPS AGOPEOAIE S 1000_ A COMMERCIAL GENERAL LIABIL"Y APK 100177 3/15/91 3/15/92 X CLAIMS MADE O OCCUR PERSONAL L ADVERT ISINCi I NJUPY 1_1000 EACH OCCUVRENCE t OD OWNER'$ L CONIRAUOA'S POOI FIRE DAMAGE (AN Pry IIr C) IT 0 MEDICAL EXPENSE (AIYY a pv w) t AUTOMOBILE LIABILITY LUWIWU SINGLE f X A ANY AVID TAU 101199 3/15/91 3/15/92 LIMIT 10 INAAAY 1 ALL OWNED AV10S SCHEDUED AVID$ (OFF, pMiw) X IN,A,gv f HIRED AV1O$ X NON-OWNED AVIOS (Pw Acc.O I PROPERTY DAMAGE 1 WADE LIABILIIV EXCESS LIAR IL IT Y OC LaRE NCE 1 1 OTHER THAN UMBRELLA FORM WORKER COMPENSATION $TAIVIORY t (EACH ACCIDENT) AND 1 (DISEASE •POLICvLIMIq EMPLOYER$ LIABILITY S (DISEASEEACHEMpLOvEE) OTHER A PROFESSIONAL APK 100177 3/15/91 3/15/92 $1,000, EACH LIABILITY OCCURRENCE 1 000. AGGREGATE DESCRIPTION 01 OPCRAi10NSILOC pT10NSNCN ICLCSISPCCIAL _ Rf MS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE I III- EXPIPATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR rC) MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE BOLDER NAMED TO THE CITY OF NEWPORT BEACH LEFT.. BUt FAILURE TO MAIL SUCH NOTICE SHALL MPOSE NO OBLIGATION OD 3300 NEWPORT BLVD. LIABILITY OF ANY KINDUPON THE COMPANY, ITS AGENTS OR REPRESENT AIIVE.S NEWPORT BEACH, CA 92663 ATTN: CITY CLERK AUTHORIZED REPRESENTATIVE 300425000 ACORD 28.5 (3188) ® ACORD CORPORATION 1988 Contracts 1990 -1991 Fairview Developmental Center Provide ambulance service. 1990 -1991 Huntington Beach Fire Med Emergency ambulance service 1990 -1991 Seal Beach Leisure World Provide ambulance service to residents. Seal's Ambulance Service Sealson, Incorporated P.O. Box 10789 Costa Mesa, California 92627 99% Medi -cal $9,600 Per Year $600,000 Per Year 99% Medi -care 1987 -1991 County of Orange Health Care Agency $5,700 Per Year Provide ambulance service -two months out of the year. 1987 -1991 City of Newport Beach $230,400 Per Year Emergency ambulance transportation. BY THE CITY COUNCIL OFNEWPORTSEACH MAY ► 31991 May 13, 1991 CITY COUNCIL AGENDA ITEM NO. F -3c TO: Mayor and City Council FROM: J. M. REED, Fire Chief wzus2 —C- aO 3( ,6) SUBJECT: REQUEST TO AWARD CONTRACT FOR EMERGENCY AMBULANCE TRANSPORTATION SERVICES RECOMMENDATION: Authorize the Mayor to: 1. Sign an ambulance agreement for primary service provider with one of the three ambulance companies effective June 1, 1991. 2. Sign an ambulance agreement for back up service provider with one of the remaining two ambulance companies, effective June 1, 1991. DISCUSSION: On March 11, 1991, the Council authorized the City Clerk to advertise for bids to contract for emergency ambulance transportation services. Three ambulance companies responded, Medix, Seal's and Superior. Seal's and Superior bid on both primary and back up service while Medix bid for primary service only. On April 24, 1991, an oral interview of each company was conducted by a review panel. The panel consisted of Ken Delino, City of Newport Beach; Carol Porth, Oasis Senior Center; Vickie Cleary, Hoag Hospital; Richard Leuhrs, Newport Harbor Area Chamber of Commerce; and Paul Schneider, Newport Beach Fire Department. The following points (maximum point total available 300) were awarded by the panel: 1. Seal's 263.6 points 2. Medix 258.8 points 3. Superior 254.8 points The scores were based on the oral interview and a review of the proposals which included: 1. Commitment to Clinical Performance 2. Quality of Equipment & Equipment Maintenance Practices 3. Plan for Takeover 4. Commitment to Response Time 5. Experience and Background 6. Billing and Collection Services 7. Cost of Services to Patients 8. Responsiveness to the Request For Proposal IN, BY THE CITY COUNCIL OFNEWPORTSEACH MAY ► 31991 May 13, 1991 CITY COUNCIL AGENDA ITEM NO. F -3c TO: Mayor and City Council FROM: J. M. REED, Fire Chief wzus2 —C- aO 3( ,6) SUBJECT: REQUEST TO AWARD CONTRACT FOR EMERGENCY AMBULANCE TRANSPORTATION SERVICES RECOMMENDATION: Authorize the Mayor to: 1. Sign an ambulance agreement for primary service provider with one of the three ambulance companies effective June 1, 1991. 2. Sign an ambulance agreement for back up service provider with one of the remaining two ambulance companies, effective June 1, 1991. DISCUSSION: On March 11, 1991, the Council authorized the City Clerk to advertise for bids to contract for emergency ambulance transportation services. Three ambulance companies responded, Medix, Seal's and Superior. Seal's and Superior bid on both primary and back up service while Medix bid for primary service only. On April 24, 1991, an oral interview of each company was conducted by a review panel. The panel consisted of Ken Delino, City of Newport Beach; Carol Porth, Oasis Senior Center; Vickie Cleary, Hoag Hospital; Richard Leuhrs, Newport Harbor Area Chamber of Commerce; and Paul Schneider, Newport Beach Fire Department. The following points (maximum point total available 300) were awarded by the panel: 1. Seal's 263.6 points 2. Medix 258.8 points 3. Superior 254.8 points The scores were based on the oral interview and a review of the proposals which included: 1. Commitment to Clinical Performance 2. Quality of Equipment & Equipment Maintenance Practices 3. Plan for Takeover 4. Commitment to Response Time 5. Experience and Background 6. Billing and Collection Services 7. Cost of Services to Patients 8. Responsiveness to the Request For Proposal Emergency Ambulance Transportation Service May 13, 1991 Page 2 The panel recommends that Seal's be awarded the contract for Primary Service Provider and Superior the contract for Back up Service Provider. The complete proposals of all three companies are on file and available for council review. Contact Captain Randy Scheerer, Fire Department. . SUN J. M. REED Fire Chief Attatchment: Rate sheets for ambulance service. s AI CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 6443005 0 , TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: May 24, 1991 SUBJECT: Contract No. C- 2863(A) Description of Contract Emergency Ambulance Transportation Services - Primary Service Effective date of Contract June 1 Authorized by Minute Action, approved on May 13, 1991 Contract with Seal's Ambulance Service Address P.O. Box 10789 2131 Placentia Avenue Costa Mesa, CA 92627 Amount of Contract (See Agreement) "74a6t, 4�p 4e Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach ✓I 0 6 AGREEMENT FOR PROVISION OF EMERGENCY AMBULANCE TRANSPORTATION SERVICES r / ® PRIMARY RESPONDER ❑ SECONDARY RESPONDER THIS AGREEMENT, entered into this v_911day of 19y which date is enumerated for purposes of reference only, by and between the City of Newport Beach, hereinafter referred to as "CITY" and Seal's Ambulance Service r hereinafter referred to as "CONTRACTOR ". This Agreement shall be administered by the FIRE CHIEF for the City of Newport Beach, hereinafter referred to as "FIRE CHIEF ". WHEREAS, CITY desires to assure the availability of prompt emergency medical transportation services within the City of Newport Beach; and WHEREAS, CONTRACTOR desires to provide such services upon the terms and conditions set forth in this Agreement: NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. DEFINITIONS: The following terms and definitions shall be used in this Agreement: gr /amb.agr 1 . A. "Emergency Ambulance Transportation Services", hereinafter referred to as "EATS ", means the provision of ambulance services in response to an unforeseen event giving rise to the need for transport of one or more patients requiring advanced or basic life support services. This service may require Code 3 response. B. "Emergency Dispatch Center" means the designated Fire Department Communications Center, responsible for authorizing EATS provided pursuant to this Agreement. C. "Advanced Life Support and Basic Life Support Service" means the same as defined in the California Health and Safety Code, as now in existence or hereafter amended or changed. D. "Dry Run" means a response by CONTRACTOR to a request for EATS by the Emergency Dispatch Center, after which such EATS are determined to be unnecessary. F. "Primary Responder" means the ambulance company which shall be requested first by the Emergency Dispatch Center to provide EATS within the City limits. G. "Secondary Responder" means the ambulance company which shall be requested by the Emergency Dispatch Center to provide EATS in the event that the Primary Responder is unable to, or does not, provide such services. H. "Response Time" means the interval of time from initiation of an emergency medical response vehicle run to arrival at the scene of the emergency incident. I. "Code 3" means the use of red warning lamps and siren as permitted by Vehicle Code Section 21055 if the vehicle is being driven in response to an emergency call. gr /artb.agr J. "FIRE CHIEF" means the Director of Fire Services for 2. the City of Newport Beach. 2. AUTHORITY• The Request for Proposals and CONTRACTOR'S response are included as part of this Agreement by reference as though set forth in full. Where the RFP and CONTRACTOR'S response conflict with this Agreement, this Agreement shall prevail. 3. DESIGNATION: A. In consideration of the services CONTRACTOR agrees to provide pursuant to this Agreement, CITY designates CONTRACTOR, as Primary XX 9p)*p(4( Responder within the City limits of Newport Beach. CITY may suspend or terminate such designation for failure to maintain compliance with, or for violation of, any provisions of this Agreement, and any applicable laws, rules, or regulations of any governmental entity. B. CITY assumes no financial liability for the cost of services to be provided to patients pursuant to this Agreement, including financial liability for the costs of Dry Runs. 4. 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 Center for EATS. When so requested, CONTRACTOR shall respond as directed unless CONTRACTOR is incapable of thus responding, in which case CONTRACTOR shall immediately notify the Emergency Dispatch Center. B. CONTRACTOR shall adhere to the following operational standards: 1. Emergency Response Time (Code 3 -red lights and gr /amb.agr 3 . 0 0 siren) shall not exceed ten (10) minutes for eighty -five percent (85 %) of responses over a ninety (90) day period. 2. Urgent, or Code 2 Response Time (expeditious response without red lights and siren) shall not exceed fifteen (15) minutes for eighty -five percent (85 %) of the responses over a ninety (90) day period. 3. A field supervisor shall be immediately available on a twenty -four (24) hour basis. C. Personnel performing duties under this Agreement shall meet all requirements of Chapter 5.14 of the Newport Beach Municipal Code and other applicable laws, rules and regulations of governmental entities as now in existence or as hereafter amended. 1. Attendants shall be at least eighteen (18) years of age and be trained and competent in the proper use of all equipment, and shall hold a current permit or certificate issued by the County of Orange indicating compliance with all applicable state and local laws, rules and regulations. 2. Proof of license or permits required by this Agreement shall be maintained by each attendant and driver and available to the FIRE CHIEF upon request. D. CONTRACTOR shall have at least one dispatcher on a twenty -four (24) hour basis who is adequately trained in radio operations and protocol standards established by all applicable laws, rules and regulations. E. CONTRACTOR shall install and maintain state of the art communications equipment such as radios and KDT's acceptable to the FIRE CHIEF in each first line and reserve units in compliance gr /amb.agr 4 . with any governmental rules, laws, or regulations. F. CONTRACTOR shall fully comply with all medical standards, protocols and ambulance rules and regulations established by the EMSA, and shall cooperate with the Program and Medical Directors in the monitoring, regulations, and oversight of the EMS system, throughout the term of this Agreement. G. 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 contractual relationship with CITY. 5. DISASTER ASSISTANCE: During a declared disaster, locally or in a neighboring jurisdiction, the normal course of business under this Agreement shall be interrupted from the moment the disaster situation is made known to the CONTRACTOR by the Fire Department. Immediately upon such notification, CONTRACTOR shall commit such resources as are necessary and appropriate, given the nature of the disaster, and shall assist in accordance with disaster plans and protocols applicable in the locality where the disaster has occurred. The disaster - related provisions of this Agreement are: A. During such periods, the CONTRACTOR shall be released from response time performance requirements until notified by the Fire Department's authorized representative that disaster assistance may be terminated. At the scene of such disasters, the CONTRACTOR'S personnel shall perform in accordance with local disaster protocols established by the Newport Beach Fire Department. gr /amb.agr 5. 0 0 B. When disaster assistance has been terminated, the CONTRACTOR shall resume normal operations as rapidly as is practical considering exhaustion of personnel, need for restocking, and other relevant considerations. C. During the course of the disaster, CONTRACTOR shall use best efforts to provide local emergency coverage and shall suspend non - emergency transport work as necessary, informing persons requesting such non - emergency service of the reason for the temporary suspension. 6. RATE SCHEDULE: A. 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 Chapter 5.14 of the Newport Beach Municipal Code. B. CONTRACTOR shall be a "Provider of Care" for Medi- care and Medi -Cal, and shall accept payments from the Orange County Indigent Medical Services program as payment for services rendered. No patient covered under any of these three programs shall be billed directly by the provider for any amount in excess of the State or County approved co- payment or deductible. C. CONTRACTOR shall accept insurance payments for services rendered. Patients shall not be billed directly by the provider for any amount in excess of the policy's approved co- payment or deductible. D. CONTRACTOR agrees to bill only three (3) times for services rendered not covered by government programs or insurance. If the first bill is not paid, a second bill will be sent in thirty gr /amb.agr 6 . 0 0 (30) days, together with a business letter informing the client that payment is due immediately to avoid collection. At the third billing CONTRACTOR shall notify client by business letter that it will commence appropriate procedures for collection of the bill thirty (30) days from the date of the third billing. 7. ALTERATION-OF TERMS: This Agreement and Chapter 5.14 of the Newport Beach .Municipal Code, together with any Exhibits) attached hereto, which are incorporated herein by reference, fully express 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 or any Exhibit(s) thereto, whether written or verbal, shall be valid unless made in writing and formally approved and executed by both parties. S. 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 gr /amb.agr 7 normally associated with an employer - employee relationship from any fees due CONTRACTOR. Payments of the above items, if required, are the responsibility of CONTRACTOR. 9. HOLD HARMLESS: CONTRACTOR shall indemnify and hold harmless CITY, its City Council, boards and commissions, officers and employees from and against any and all negligence, loss, damages, liability, claims, suits, costs and expenses whatsoever, including defense costs and reasonable attorneys' fees, which arise out of or result from or occur in connection with CONTRACTOR'S 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, equipment or supplies arising from or in any manner connected to the CONTRACTOR'S performance of services or work conducted or performed pursuant to this Agreement. 10. MINIMUM INSURANCE REQUIREMENTS: A. Prior to the time CONTRACTOR is entitled to commence any part of the project, work, services under this Agreement, CONTRACTOR shall procure, pay for and maintain at least the insurance coverages and limits specified below. The insurance shall be evidenced by delivery to the Finance Director of a certificate of insurance executed by the insurers listing coverages and limits; expiration dates and terms of policies and all gr /amb.agr 8. endorsements whether or not required by the City, and listing all carriers issuing said policies and a certified coy of each policy, including all endorsements. B. The following insurance requirements shall remain in effect throughout the term of this Agreement: 1. Worker's Compensation limits as required by law; 2. Comprehensive automobile liability policy in the sum of not less than one million dollars ($1,000,000.00) for combined single limit, bodily injury and property damage; 3. Comprehensive general liability insurance in the sum of not less than one million dollars ($1,000,000.00) combined single limit, bodily injury and property damage; 4. Professional liability insurance in the sum of not less than one million dollars ($1,000,000.00) per person and one million dollars ($1,000,000.00) annual aggregate. C. All insurance policies except Worker's Compensation and Employer's Liability and Professional Liability shall contain the following clauses: 1. "The City of Newport Beach is added as an additional insured as respects operations of the named insured performed under contract with the City of Newport Beach." 2. "It is agreed that any insurance maintained by the City of Newport Beach shall apply in excess of and not contribute with, insurance provided by this policy." 3. "This insurance shall not be canceled, modified gr /amb.agr 9 . I 0 or allowed to lapse until after thirty (30) days written notice has been given the City of Newport Beach Fire Department." 11. 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 if CONTRACTOR is a partnership or joint venture or syndicate or cotenancy, which shall result in 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, or a sale or transfer of over twenty -five percent (25 %) of the assets of the CONTRACTOR. 12. 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 County of Orange and the City of Newport Beach. CONTRACTOR shall notify the FIRE CHIEF immediately and in writing of its inability to obtain or maintain gr /amb.agr 10. such permits, licenses,. approvals, waiver and exemptions. The refusal of any such application, irrespective of appeal, shall require written notification of the FIRE CHIEF. B. All Services furnished by the CONTRACTOR under this Agreement shall be rendered in full compliance with all applicable federal, state and local laws, rules, and regulations. It shall be the CONTRACTOR'S sole responsibility to determine which laws, rules, and regulations apply to the Services rendered under this Agreement, and to maintain compliance with these applicable standards at all times. 13. NONDISCRIMINATION: 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 Titles VI and VII of a the Civil Rights Act of 1964, Title 42 of the United States Code, Section 2000(d), rules and regulations promulgated pursuant .thereto, and under the laws of the State of California as each law, rule or regulation may not exist or hereafter be amended. 14. CONFLICT OF INTEREST: The Bidder must certify that he is not nor will not be violating, either directly or indirectly, any conflict of interest statute or any other applicable statute or principle by his performance of this service. 15. 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 gr /amb.agr 11 . 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 as follows at: City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 Attention: Fire Chief All notices, demands, requests, or approvals from CITY to CONTRACTOR shall be addressed to CONTRACTOR at: Seal's Ambulance Service P.O. Box 10789 2131 Placentia Avenue Costa Mesa, CA 92627 16. REPORTS: FIRE CHIEF may request reasonable written reports of CONTRACTOR, at no cost to CITY, in order to determine the quality of services provided hereunder. The report shall include but not be limited to the following: A. Dispatch; en route, on -scene and available times; B. Mileage; C. Services performed; D. Name and permit number of attendants and driver on duty; E. Supplies and equipment expended; F. Patient information to include name, residence, medical status, vital signs, chief complaint and disposition; grI amb.agr 12. locations, and a Fire Department representative may ride as "observer" on any of the CONTRACTOR'S ambulance units at any time. Provided, however, that in exercising this right to inspection and observation, the Fire Department representatives shall conduct themselves in a professional and courteous manner, shall not interfere in any way with CONTRACTOR IS employees in the performance of their duties, and shall at all times be respectful of CONTRACTOR'S employer /employee relationships. The Fire Department's right to observe and inspect operations or records in CONTRACTOR'S business office shall be restricted to normal business hours and reasonable notification shall be given the CONTRACTOR in advance of any such visit. 18. TERMS OF AGREEMENT AND RENEWAL PROVISIONS: A. Agreement Start Date. The Agreement start date shall be 8:00 a.m., June 1 1991, at which time the CONTRACTOR shall assume full responsibility for the provision of all emergency ambulance services throughout the designated service riz-7r.r B. Initial Term of Contract. The initial term of this Agreement shall be two (2) years. Unless extended by the provision for renewal set forth below in Paragraph D, or terminated as provided in Paragraph C, this Agreement shall automatically terminate at midnight, May 31 19 93. C. Termination. 1. Either party may terminate this Agreement without cause upon providing the other party with sixty (60) days prior written notice. gr /amb.agr 14 . 0 • G. Fees charged. FIRE CHIEF will be specific as to the information requested, and to allow CONTRACTOR five (5) business days to respond in writing. 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. 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 notice and approval by CITY, except as otherwise required by law. 17. RECORDS: 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. At any time during normal business hours, and as often as may reasonably be deemed necessary, the Fire Department's representatives may observe CONTRACTOR'S operations and CONTRACTOR shall make available to the Fire Department for its examination, its records with respect to all matters covered by the Agreement, and the Fire Department may audit, examine, copy, and make excerpts or transcripts from such record, records of personnel, daily logs, conditions of employment, and other data related to all matters covered by this Agreement. The Fire Department representative may, at any time and without notification, directly observe CONTRACTOR'S operation of the ambulance dispatch center, maintenance facility, any ambulance post gr/amb.agr 13 . 2. Authorization to provide Emergency Transportation Services under this Agreement may be suspended or this Agreement may be terminated pursuant to Newport Beach Municipal Code Section 5.14.100. Any notice of suspension or termination of this Agreement shall be given in the manner set out in the paragraph called Notices of this Agreement. D. Renewal Provisions. The CONTRACTOR shall be eligible to apply for one contract extension of two (2) years, provided all of the following conditions are satisfied: 1. The City Council must determine, by formal vote, that CONTRACTOR'S Services rendered then -to -date are reasonably and accurately characterized as "excellent, courteous, professional, and significantly above the performance requirements of the Agreement." 2. To allow ample time to initiate and complete competitive procurement processes in the event renewal is, for any reason, denied, CONTRACTOR'S written request for renewal, and the City Council determination of eligibility for renewal must all be completed at least nine months prior to the expiration of this Agreement. 3. The CONTRACTOR'S written request for renewal will included documentation of excellent, courteous and professional Services rendered. In addition, Services that are significantly above the Agreement's performance requirements which result in a higher level of patient care will be outlined and defined by the CONTRACTOR. 19. WAIVER OF DEFAULT: Waiver of any default shall not be deemed to be a waiver gr/amb.agr 15. 0 of any subsequent default 0 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. 20. MAJOR BREACH AND EMERGENCY TAKEOVER PROVISIONS: Conditions and circumstances which shall constitute a major breach of Agreement by the CONTRACTOR shall include, but not be limited to, the following: A. Failure of the CONTRACTOR to operate the ambulance service system in a manner which enables the Fire Department and the CONTRACTOR to remain in substantial compliance wit the requirements of applicable federal and state laws, EMSA rules and regulations, and with the requirements of Newport Beach Municipal Code and related rules and regulations; B. Supplying to the CITY false or misleading information during this bid process or supplying information so incomplete as to effectively mislead; C. Withholding or wilful falsification of data supplied to the CITY, the Fire Department or to the EMSA Medical Director during the course of operation, including by way of example but not by way of exclusion, dispatch data, patient report data, response time date, financial data, or falsification or deliberate omission of any other data required under this Agreement; D. Failure to comply with or exceed the proposed and accepted plan for ambulance coverage during the first three months of operation under this Agreement; E. Deliberate and unauthorized scaling down of gr/amb.agr 16. C� operations to the detriment of performance; 0 F. Failure to maintain equipment in accordance with good maintenance practices, or to replace equipment in accordance with CONTRACTOR'S submitted and accepted equipment replacement policy, except as extended use of such equipment is approved by the Fire Department as provided for herein; G. Persistent failure of CONTRACTOR'S employees to conduct themselves in a professional and courteous manner, and to present a professional appearance, to such an extent that the fire service's reputation suffers; H. Failure by the CONTRACTOR to furnish key personnel of quality and experience as bid; I. Failure by CONTRACTOR to cooperate with and assist the Fire Department in its takeover of CONTRACTOR'S operations after a major breach has been declared and confirmed by the Fire Department, as provided for herein; J. Failure to substantially and consistently meet or exceed the various clinical and response standards required hereunder. 21. COST OF LITIGATION: If any legal or equitable action is necessary to enforce any provision hereof or for damages by reason of any 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. gr /amb.agr 17 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 NEWPORT BEACH A Municipal Corporation j BY Ma or CONTRACTOR: BY: / Seal's AAuTWce Service ATTEST: gr/amb-agr 18. 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: gr/amb.agr 19. RESIDENT NEWPORT BEACH NON RESIDERr Base Rent 96.00 $110.00 Mileage (per mile) 6.00 7.50 Night Charge 22.00 22.00 Emergency 22.00 22.00 Oxygen 22.00 22.00 Expendable Medical Equipment (per item) 10.50 10.50 Waiting Time (per 15 min. interval) 22.00 22.00 gr/amb.agr 19.