HomeMy WebLinkAbout09 AMBULANCE CONTRACT EXTENSIONAgenda Item 9
AGENDA REPORT Reviewed:
City Manager
Finance Director N/A
MEETING DATE: AUGUST 5, 2014
TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
FROM: JEFFREY C. PARKER, CITY MANAGER
SUBJECT: APPROVAL OF EXTENSION TO 911 AMBULANCE SERVICE
CONTRACT
SUMMARY:
This item is submitted for the approval of a six -month extension to the existing 911
ambulance contracts between the Doctor's Ambulance and the City of Tustin from
September 1, 2014 to March 1, 2015.
RECOMMENDATION:
Authorize the Mayor to execute the submitted six -month contract extensions for the
provision of 911 emergency medical transportation and related services.
FISCAL IMPACT:
None
BACKGROUND:
During the summer of 2004, the Orange County Fire Authority (OCFA) and its partner
jurisdictions conducted a request for proposal process for the 19 Exclusive Operating
Areas (EOAs) located within the OCFA's jurisdiction. From the RFP process, the City of
Tustin entered into an agreement with Herren Enterprises Inc., dba as Doctor's
Ambulance Service for the provision and administration of exclusive emergency
ambulance transportation services within Exclusive Operating Area No. 23 — Tustin. The
new contract was effective September 1, 2004, for an initial term of five years (through
2009) and with an option to extend the agreement for an additional five years (through
2014).
On September 1, 2009, the City and Herren Enterprises, Inc., dba as Doctor's
Ambulance Service entered into a "Renewal Agreement for Provision of Emergency
Medical Transportation and Related Services," renewing the 2004 Agreement for an
additional five -year term, effective from September 1, 2009 to August 31, 2014 (the
"Renewal Agreement').
On February 9, 2011, the City approved and executed an agreement entitled "Consent
to Transfer Agreement," providing for the transfer from Herren Enterprises, Inc., as
Transferor to American Medical Response Ambulance Service, Inc., as Transferee of
100% of the stock issued by Transferor.
In February 2014, the State Emergency Medical Services Authority (EMSA) notified the
Orange County Emergency Medical Services Agency ( OCEMS) that, based on a court
decision from Butte County, the OCEMS could not delegate the 911 Emergency
Ambulance RFP process or contract administration to OCFA. At the time the notification
was received from the State EMSA, OCFA staff had completed a significant amount of
work on the RFP and was prepared to issue phase 1 of the RFP pending approval from
OCEMS. With the transition of responsibility from OCFA to OCEMS, OCEMS took
immediate action to continue with the process and acquire the additional staff needed to
conduct the RFP process and administer the contracts.
All 19 existing agreements, including the agreement between the City of Tustin and
Doctor's Ambulance, are scheduled to automatically terminate no later than August 31,
2014. Due to the transition of the RFP responsibilities from OCFA to OCEMS, the final
selection and award of new ambulance agreements will not be completed in time for
successful bidders to take over and commence services by September 1, 2014. The
RFP was released by OCEMS in May; proposals were due July 14; with final selections
anticipated to occur in January 2015.
To ensure system -wide consistency, OCFA staff, member cities and OCEMS staff
requested an extension of the existing contracts, under the same terms and conditions,
from the State EMSA. On May 1, 2014 the State EMSA authorized a six -month
extension to the contracts beginning September 1, 2014 and ending March 1, 2015. The
six -month extension, including retention of the exclusivity provision, is unprecedented.
Historically when the State EMSA has granted an extension, it has generally been for
no more than three months based on strong justification.
Staff is requesting the City Council take action to extend for six - months the ambulance
contract (September 1, 2014 to March, 2015) for the Exclusive Operating Area No. 23 —
Tustin that was awarded by the City Council, under the same terms and conditions.
FIRST AMENDMENT
TO
AGREEMENT FOR PROVISION OF
FIRE/EMS EMERGENCY AMBULANCE TRANSPORTATION
AND RELATED SERVICES WITHIN EXCLUSIVE OPERATING
BETWEEN
THE CITY OF TUSTIN
AND
AMERICAN MEDICAL RESPONSE AMBULANCE SERVICE, INC., DBA AS
DOCTOR'S AMBULANCE SERVICE
(EOA No. 23 — Tustin)
THIS FIRST AMENDMENT TO THE AGREEMENT FOR PROVISION OF
FHWEMS EMERGENCY AMBULANCE TRANSPORTATION AND RELATED SERVICES
WITHIN EXCLUSIVE OPERATING AREA (the "Amendment") is made and effective as of
September 1, 2014, by and between the CITY OF TUSTIN, a California municipal corporation,
hereinafter referred to as "City", and AMERICAN MEDICAL RESPONSE AMBULANCE
SERVICE, INC., a Delaware corporation, dba as DOCTOR'S AMBULANCE SERVICE,
hereinafter referred to as "Contractor."
RECITALS
A. On September 1, 2004, the City and Herren Enterprises, Inc., dba as Doctor's
Ambulance Service entered into that certain agreement entitled "Agreement for Provision of
FireIEMS Emergency Ambulance Transportation and Related Services Within Exclusive
Operating Area," concerning the provision and administration of exclusive emergency ambulance
transportation services within Exclusive Operating Area No. 23 — Tustin (the "2004 Agreement ").
B. On September 1, 2009, the City and Herren Enterprises, Inc., dba as Doctor's
Ambulance Service entered into that certain agreement entitled "Renewal Agreement for
Provision of Emergency Medical Transportation and Related Services," renewing the 20D4
Agreement for an additional five -year term, effective from September 1, 2009 to August 31, 2014
(the "Renewal Agreement ").
C. On February 15, 2011, the City approved and executed that certain agreement
entitled "Consent to Transfer Agreement," providing for the transfer from Herren Enterprises,
Inc., as Transferor to American Medical Response Ambulance Service, Inc., as Transferee of
100% of the stock issued by Transferor.
D. On February 3, 2014, the California Emergency Medical Services Authority
( "EMSA ") directed Orange County Emergency Medical Services ( "OCEMS ") to issue Requests
for Proposals ( "RFPs ") and award contracts for nineteen Orange County Exclusive Operating
Areas ( "EOAs "), inclusive of EOA No. 23 — Tustin.
E. On May 1, 2014, the EMSA granted a six -month extension, beginning on
September 1, 2014 and ending on March 1, 2015, to the OCEMS, to complete the RFP process
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and award contracts for the areas formerly configured as nineteen separate EOAs, inclusive of
EOA No. 23 — Tustin.
F. Therefore, for purposes of protecting public health and safety, the City and
Contractor now desire to extend the 2004 Agreement, as modified by the Renewal Agreement,
under the same terms and conditions, for a period of six months, ending on March 1, 2015, in
order to ensure that there is no interruption of services while the OCEMS completes its RFP
process and awards new EOA ambulance transportation services contracts.
NOW, THEREFORE, for valuable consideration, receipt of which is hereby
acknowledged, and in consideration of the foregoing recitals, which are hereby incorporated by
reference into the agreement below, the City and Contractor agree as follows:
AGREEMENT
1.0 First Amendment to the 2004 Agreement.
1.1 Section 7.1 of the 2004 Agreement is hereby amended to read as follows:
"7.1. Pursuant to the First Amendment to this Agreement, this Agreement
shall remain in effect until March 1, 2015 at 11:59 pm, or such earlier time that
OCEMS awards a new EOA ambulance transportation services contract for the
area formerly configured as EOA No. 23 — Tustin."
2.0 No Other Amendments.
2.1 All other terms and conditions of the 2004 Agreement shall remain in full force
and effect, unless amended herein.
(Signatures on Following Page]
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment as follows,
to be effective on September 1, 2014.
AMERICAN MEDICAL RESPONSE AMBULANCE
SERVICE, INC.
dba DOCTORS AMBiAANOE SERVICE
Sign:
Nami
Title: & N
CITY OF TUSTIN
Elwyn A. Murray, Mayor
City of Tustin
APPROVED AS TO FORM:
David E. Kendig, City Attorney
ORANGE COUNTY FIRE AUTHORITY
APPROVED:
Date:
Date:
By: Date:
Keith Richter, OCFA Fire Chief
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