Loading...
HomeMy WebLinkAboutNB 4 AMBULANCE SERVICE 12-19-881~4TE: NEW BUSINESS NO. 4 Inter- om TO: FROH: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER POLICE DEPARTMENT AMBULANCE SERVICE AGREEMENT Recommendat ion Pleasure of the City Council. Background The current emergency ambulance service agreement expires at 11:59 P.M. on December 31, 1988. The Orange County Fire Department has developed and implemented a Request For Proposal to select providers of basic life support emergency ambulance service in the City of Tustin. The RFP process has been completed. Four ambulance services submitted proposals for consideration in providing service to the City of Tustin. Their ranking as recommended, by the proposal review board is as fo.llows: · 2. 3. 4. Medix Ambulance Service· Doctors Ambulance Service. Schaefers Ambulance Service. Morgan Ambulance Service. The Police Department experience indicates that both Medix and Doctors Ambulance provide satisfactory service. Doctors Ambulance Service is the current service provider. The agreement for the provision of emergency medical transporta- tion services has been reviewed by the City Attorney. Mr. Rourke advises the agreement is acceptable to the City. A Fire Department representative, Battallion Chief Kevin Brame, will be available at the Council meeting of December 19 to answer any specific questions that may arise regarding the RFP and contract. The original proposals from Medix and Doctors Ambulance Service are available .for review in the City Manager's office. It is recommended that Council execute the attached agreement between th~~-~ and an ambulance service of their choice. Fred~'ield Acting Chief of Police © :)192-167.1 (R 7/76) AGREEMENT FOR PROVISION OF EMERGENCY MEDICAL TRANSPORTATION SERVICES BETWEEN CITY OF THIS AGREEMENT, which da is enumerated for purposes of reference only, by and between the CITY OF , hereinafter referred to as "CITY" and a California Corporation, hereinafter referred to as "CONTRACTOR." This Agreement shall be administered by the Director of Fire Services for the County of Orange, hereinafter referred to as "ADMINISTRATOR." W. I T N E S S E T H: WHEREAS, CITY desires to assure the availability of prompt emergency medical transportation services within the City of ; 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: ;192-167.1 (R 7/76) CONTENTS Paragraph ~ ' Page 1. Definitions ................ 2. Authority ................. 3 3. Designation ................ 4 4. Services ................. 5 & 5. Alteration of Terms ............ 5 6. Delegation of Assignment . - ........ 5 7. Indemnification and Insurance ....... 6 8. Law/Licenses ............... 7 9. Nondiscrimination ............. 7 10. Notices .................. 8 11. Status of Contractor ........... 8 , 12. Term ................... 9 13. Termination ................ 9 14. Waiver of Default ............. 10 15. Signature Page .............. 11 Exhibits ................. A 1 4 6 7 9 10 11 12 13 o 16 17 18 19 2O 21 22 23 24 25 26 27 28 ~192-167.1 (R 7/76) 1. DEFINITIONS: The following terms and definitions shall be used in this ~ - Agreement: A. "Emergency Medical Transportation Services", hereinafteri · as "EMTS", 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. B. "Emergency Communications Center" means the Office of the Orange County Fire Department, responsible for authorizing EMTS provided pursuant to this' Agreement. C. "Advanced and Basic Life Support" means those services set forth in Section 1797.52 and 1797.59 of the California Health and Safety Code, as now in existence or hereafter amended or changed. D. "Ambulance Service Area", hereinafter referred to as ASA, means a geographical region specified by the Director of Fire Services, within which EMTS shall be provided pursuant to this Agreement. The following are types of ASA's. 1) "Metro/Urban ASA" - A region with a population density of 100-999 persons per square mile. 2) "Rural ASA" - Canyon areas of the local mountain ranges, specifically Brea, Tonner, Carbon, Modjeska, Silverado and Trabuco Canyons; Santiago Canyon Road between Orange County Fire Station 15 and Live Oak Canyon Road; Ortega Highway between La Plata Avenue and the Cleveland National Forest. 3') "Remote ASA" - Regions of the Cleveland National Forest which are within the County'of Orange. 3 of 11 - , E. "Dry Run" means a response by CONTRACTOR to a request for EMTS by the Emergency Dispatch Center, after which such EMTS are determined to be unnecessary. 4 5 6 F. "Primary Responder" means the ambulance c6mpany which shall be requested first by the Emergency Communications Center to provide EMTS in a designated ASA. 7 8 9 10 11 12 G. "Response Time" means the actual elapsed time in minutes from the moment the information from the Fire Department Emergency CommunicationS'Center is transferred to and received by the CONTRACTOR's Ambulance Dispatch center, to the moment CONTRACTOR's first Basic Life Support Unit arrives at the scene of the incident. 6!~ 14 ~ ~ 15 17 18 19 2O 22 24 H. "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. 2. AUTHORITY: The "Request for Proposal for Basic Life Suport Emergency Ambulance Service" is attached hereto as Exhibit A. The "(RFP)'s Proposal in response to the RFP" (P£oposal) is attached hereto as Exhibit B. All provisions of the RFP and the CONTRACTOR's PROPOSAL shall be binding on the parties except that where the RFP and CONTRACTOR's Proposal conflict with this Agreement, this Agreement shall prevail. 3. DESIGNATION: 25 2.6 27 28 A. In consideration of the services CONTRACTOR agrees to provide pursuant to this Agreement, City designates CONTRACTOR, as ~rimary Responder in the following specific ASA(s) The ~ 4 of 11 )~92-167.1 (R 7/76) · 1 geographical boundaries of these ASA's are set forth in Exhibit ~ of the RFP. City may suspend or terminate such desig.nation for ~ failure to maintain compliance with, or for violation of, any 4 p£ovisions of this Agreement, and any applicable l'a'ws, rules, or 5 regulations of any governmenbal entity. 6 ASA Number 9 10 11 12 4. B. CITY assumes no"financial liability for the cost of services to be provided to patients pursuant to this Agreement, including financial liability loc the costs of D~y Runs. SERVICES: 13 ~ 14. Se£vices as specified in the RFP . , ~ : 16 5 O ° 17 CONTRACTOR agrees to perform Basic Life Support Ambulance (Exhbit A) and Proposal (Exhibit ALTERATION OF TERMS: This agreement, together with any Exhibit(s) attached hereto, which are incorporated herein by reference, fully 19 2O 21 22 25 24 25 expresser all understandings of CITY and CONTRACTOR with respect to the subject matter of this Agreement and shall consittute the to~al 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 app£oved and executed by both parties. 26 27 28 ° DELEGATION AND ASSIGNMENT: :':CONTRACTOR may not delegate or assign the rights or ) :92-167.1 (FI 7/76) 5 of 11 192-167.1 (R 7/76) obligations here under, either in whole or in part, without prior written consent of the CITY. Any attempted assignment or . . delegation in derogation of this paragraph sha'l!: b~ void. A transfer by any shareholder of greater than ten Percent (10%) of the stock currently issued by CONTRACTOR, or a sale or transfer of over twenty-five percent (25%) of the assets of CONTRACTOR, will be deemed an assignment. 7. INDEMNIFICATION AND INSURANCE: · A. CONTRACTOR agrees to indemnify and hold harmless CITY, its officers, agent and employees from all liability, claims, losses and demands, including defense costs, whether resulting ~rom court action or otherwise, arising out of the acts or omissions of CONTRACTOR, its offiCers, agents or employees, or the condition of property used in the performance of this Agreement, excepting acts or omissions directed'by CITY, its officers, agents or employees, acting within the scope of their employment, for which CITY agrees to indemnify the CONTRACTOR in a like manner. B. Without limiting CONTRACTOR's indemnification, it is agreed that CONTRACTOR shall maintain in force at all times during the performance of this Agreement comprehensive automobile liability insurance, professional liability insurance and worker's compensation insurance as provided in Section 5 of the RFP and as otherwise required by applicable laws, governmental rules and regulations. C. All insurance policies except worker's compensation and emptoye£'s-liability and professional liability shall contain the following clauses: 6 of 11 1 4 ? 8 9 10 I1 12 w~ 14 17 18 19 Zl 2§ . 27 192-167.1 (fl 7/76) 1) "The City of is added as an additional insured as respects operations of' the n~med inaured performed under contract with the City of II 2) "It is agreed that any insurance maintained by ~he City of shall apply in excess of and not contribute with, insurance provided by this policy." · 3) "This insurance shall not be cancelled, limited or allowed to lapse until .after 30 day's written notice has been given the City of ." 8. LICENSE AND LAW: 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 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. 9. NONDISCRIblINATION: 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 7 of 11 1 2 4 5 6 ? 8 9 10 11 12 13 ~J u? 27 28 ~192-167.1 (FI 7/76) 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. 10. NOTICES: A. All notices, correspondence, reports, and/or statements authorized or required by this Agreement shall be addresed as follows: CITY: CONTRACTOR: B. Unless otherwise specified herein, and then only to the extent inconsistent with this subparagraph, all'notices'shall be , written, and deemed effective when deposited in the United States Mail, First Class postage prepaid, and addressed to the parties as indicated in A. above. Any notices, correspondence, reports and/or statements authorized or required by this Agreement addressed in any othe~ fashion than as specified in this paragraph shall not be valid. · 11. STATUS OF CONTRACTOR: CONTRACTOR is, and shall at all times be deemed to be, an independent contractor and shall be wholly responsible for the manner in which it performs' the services required of it by the terms of this Agreement. Nothing herein contained shall be construed as creating the relationship of employer and employee, 8 of 11 1 2 4 6 ? 8 10 11 12 .16 17 18 19 aO ~4 £§ ~6 27 · ¢-0192-167.1 (fl 7/76) or principal and agent, between the CITY and CONTRACTOR o£ any of CONTRACTOR's agents or employees. CONTRACTOR assumes exclusively the responsibility for the acts of its employees as they relate to the services to be provided during the course a~d scope of' their .employment. cONTRACTOR, its agents and employees, shall not be entitled to any rights and privileges of CITY employees and shall not be considered in any manner to be CITY employees. 12. TERM: · The term of this Agreement shall'commence at 12'01 a.m. on January 1, 1989 and expire at midnight on December 31, 1992 unless sooner te£minated as specified in this Agreement. 13. TERMINATION: A. Either party may te£minate this Agreement upon providing the other party with one-hundred eighty (180) days written notice. B. This Agreement shall terminate and the duties of the parties hereto cease immediately, at the option of CITY, should CONTRACTOR fail to perform the covenants contained in this Agreement in the time and manne£ specified. The reasons for termination include, but are not limited to, the following: 1) The breach by CONTRACTOR of any provision set forth in Section 7 of the RFP; 2) The lapse of any license, permit, or approval issued CONTRACTOR necessa£y to the services provided within this Agreement by any f~deral, state, or local government~ 9 of 11 192-167.1 (R 7/7G) 3) Unethical conduct or malpractice by CONTRACTOR as determined either by a court of competent jurisdiction or b? such review processes as ace, or may be, estblished by CITY; 4) The breach .by CONTRACTOR' of any provision of this Agreement or any covenant contained herein; 5) The loss by CONTRACTOR of legal capacity to contract; C. Notice of termination shall be given in the' manner set out in the Notices paragraph of this Agreement. 14. WAIVER OF DEFAULT: Waiver of any default shall not be deemed to 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 o~iginai Agreement. 10 of 11 :0192-167.1 (R 7/76) IN WITNES.S WHEREOF, the parties have execute~ this Agreement in County of Orange, California. g - DATED: DATED: By CONTRACTOR CITY OF 11 of 11