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Home My WebLink AboutC-5041 - MOU for the Provision of Mobile Data Collection DevicesMemorandum of Understanding Between the Orange County Health Care Agency and City of Newport Beach, a California Municipal Corporation and Charter City For the Provision of Mobile Data Collection Devices I. Purpose The purpose of this Memorandum of Understanding (MOU) is to provide a framework for the Orange County Health Care Agency ( OCHCA) and City of Newport Beach, a California Municipal Corporation and Charter City (PROVIDER), for the provision of Mobile Data Collection Devices described herein to the residents of Orange County. Specifically, this MOU outlines the parameters that define the equipment and outline the services. IL Definitions A. "EMS" means Emergency Medical Services, as defined in California Health and Safety Code 1797.72. B. "Mobile Data Collection Devices" (Equipment) means a rugged type of mobile computer, with specialized software to document patient care at the time of service, for use by EMS personnel. These devices, which cost less than $5,000, including sales taxes, freight charges and other taxes, are considered Minor Equipment or Controlled Assets. C. "OC -MEDS" means the Orange County Medical Emergency Data System. The OC -MEDS is an OCHCA information management solution designed to facilitate the collection and analysis of EMS patient care events from the moment that 9 -1- 1 is called through discharge from an emergency department. D. "ePCR" means electronic pre - hospital care report. III. Services A. OCHCA is loaning PROVIDER the Equipment identified in Paragraph IV to the MOU. Title to all Equipment shall remain vested with OCHCA, and the Equipment shall be deemed to be "Loaned Equipment' to PROVIDER, during the term of this MOU and while in the possession of PROVIDER. Upon expiration of this MOU, OCHCA shall relinquish all vested interests in the Loaned Equipment and, as such, title will transfer to PROVIDER, provided, however, OCHCA may retain interest in Loaned Equipment if this MOU is terminated pursuant to subparagraph IX of the Agreement. B. PROVIDER may alter such Equipment and may install software or connect other devices thereto in order to meet PROVIDER's operational needs with regard to Emergency response and patient care. C. PROVIDER shall use the Equipment identified in Paragraph IV to this MOU to: 1. Utilize ePCR specialized software to facilitate electronic patient care documentation. Patient care documentation includes but is not limited to: a. Diagnostic device connection and data export (i.e. Electrocardiograph rhythm exports) b. Data collection to meet Fire Incident Reporting requirements. 2. Submit completed ePCRs to OC -MEDS. D. PROVIDER may also use the Equipment for other emergency response and /or reporting functions so long as they do not interfere with the primary emergency response and patient care data collection function. PROVIDER shall be responsible for any loss of or damage to such Equipment resulting from gross negligence or willful misconduct of PROVIDER, its employees, or agents. Upon demand of OCHCA Program Designees as identified in Paragraph VIII of this MOU, PROVIDER shall relinquish Equipment within two (2) business days. PROVIDER agrees to promptly reimburse OCHCA for the replacement or necessary repair of the Equipment lost or damaged as a result of PROVIDER, its employee's, or agent's gross negligence or willful misconduct. E. PROVIDER shall ensure that the Equipment is kept secure and that the operating system is properly maintained and password protected. Proper security and maintenance includes but is not limited to: 1. Operating System Updates and Patches 2. Up -to -date virus and malware protection software F. If the Equipment is lost and /or stolen and patient care information / data is stored on the device, PROVIDER shall be responsible for notify individuals whose protected health information (PHI) may be at risk pursuant to state and /or federal patient privacy laws and regulations. G. PROVIDER shall report to OCHCA Program Designees, within two (2) business days, any damaged, stolen, and /or lost Equipment. H. PROVIDER shall maintain responsibility for repairs and maintenance and should contact Equipment manufacturers and /or software vendors for service pursuant to Equipment manufacturer warranties, service agreements, and /or accidental damage protection warranties if applicable. 1. Three (3) Year Accidental damage protection warranties are included with Equipment manufactured by either Motion Computing, Inc. or Panasonic only. Equipment manufactured by Hewlett Packard (HP) is not covered by an accidental damage protection warranty. 2. Accidental damage protection warranties include Equipment repairs and /or replacement due to unintentional damage to the Equipment resulting from routine exposure to PROVIDERs work environment. PROVIDER shall report to OCHCA Program Designees, within two (2) business days any intention to discontinue use of the Equipment. If PROVIDER discontinues use of any devices, it shall be returned to OCHCA immediately upon request. IV. Equipment HCA shall loan to PROVIDER the Mobile Data Collection Devices as listed in Exhibit A. V. Rights not waived The parties hereby expressly acknowledge and agree that this MOU shall not constitute an agreement for pre - hospital emergency services pursuant to California Health and Safety Code 1797.201, and further, that PROVIDER's entrance into this MOU shall not in any way constitute a waiver or limitation of PROVIDER's rights under California Health and Safety Code 1797.201 or under any other applicable statute or authority. The parties agree that all rights pertaining to the manner and scope of their respective regulatory and administrative control over the delivery of EMS within their respective jurisdictions is not delegated, expressly or impliedly, by this agreement and either party. VI. Indemnification PROVIDER hereby agrees to hold OCHCA, their representatives, or employees, or representatives free and harmless from any loss damage, liability, cost of expense that may arise from the gross negligence or willful misconduct of the PROVIDER related to the use of the Equipment. VII. Designation of Responsible Parties The following persons, identified by position and title, have been designated as the responsible parties for all communications related to this MOU. Such designations do not preclude the parties from communicating with other representatives of each of the parties. Orange HCA Health Care Agency (OCHCA Program Designees) 1. Liz Amantine - Taylor, AMC Program Support Orange County Health Care Agency 405 W. 5th Street, Bld. 38 Santa Ana, CA 92701 (714) 834 -5840 2. Laurent Repass, EMS Coordinator, Orange County Health Care Agency 405 W. 5th Street, Bld. 38 Santa Ana, CA 92701 (714) 834 -2964 3. Cathy Ord, EMS Manager City of Newport Beach, a California Municipal Corporation and Charter City 3300 Newport Blvd. Newport Beach, CA 92658 VIII. Term This MOU shall be effective on the date of the last signature and terminate on September 30, 2014. IX. Termination Either party may terminate this MOU, without cause, upon thirty (30) calendar days written notice given the other party. X. Miscellaneous This MOU does not create a partnership or a joint venture, and neither party has the authority to bind the other. XI. Signatures The undersigned hereby represent and acknowledge that they are duly authorized to execute this MOU on behalf of the entity for which they sign. CITY OF NEWPORT BEACH, A CALIFORNIA MUNICIPAL CORPORATION AND CHARTER CITY BY: h DATED: /V c J"� TITLE: COL A;71Z-v<L O FORM: /► v DAT ED: Exhibit A Device Description Part / SKU Number Serial Number Agency Motion Computing J -3500 HQ3B2A3C3B3B2A 00355985 - 135001 . NewporF Beach Fire Department Motion Computing J -3500_ _ - HQ3B2A3C3B3B2A 00355986 -J356Y Newport Beach Fire Department Motion Computing J4500' HQ3B2A3C3B3B2A 00356025 -13500 Newport Beach Fire Department Motions Computing J -3500' HQ3B2A3C3B3B2A 00355995 -13500 - Newport Beach Fire Department