HomeMy WebLinkAboutNB 3 AMBULANCE SERV 12-16-85/'~DATE: DECEMBER 16, 1985
TO.'
FROM:
S U BJ ECT:
HONORABLE MAYOR AND CITY COUNCIL
COMMUNITY DEVELOPMENT DEPARTMENT
AMBULANCE SERVICE CONTRACTS
RECOI~ENDED ACTION:
M.O. - That Doctor's Ambulance be awarded a contract to provide primary
ambulance service.
M.O. - That Morgan Ambulance be awarded a contract to provide secondary
ambulance service.
SUMIqARY:
As required by the new ambulance ordinance No. 953, the Orange County Fire
Department has circulated the requests for proposals to ambulance service
providers. Three providers proposed to serve Tustin as either primary
contractors or secondary or "back up" contractors. These proposals were
reviewed by an evaluation team selected by the Orange County Fire
Department.
As a result of the evaluation of the proposals, the following providers
were recommended to service Tustin: Doctor's Ambulance for primary service
and Morgan Ambulance for back up service. Both PrOviders are established
ambulance companies. The approval of this recommendation would not result
in a major change of service. Doctor's Ambulance has been Tustin's primary
service provider for over ten (10) years, however, Morgan Ambulance, if
approved, will replace Medix Ambulance as the secondary service provider.
The service contracts and agreements have been reviewed and approved by the
City Attorney. The proposed providers have also been approved by Chief
Thayer of the Police Department. Should the contracts be approved, they
will become effective on January 1, 1986.
ANALYSIS AND CONCLUSIONS:
Council has expressed a concern regarding the ability of the City to
supervise these contracts. As provided in the attached contracts, the City
may recind a service contract for the following reasons:
1) The lapse of any license, permit, or approval issued to a provider
necessary to the services provided within the contract by any
federal, state, or local government;
Ambulance Service Contracts
December 16, 1985
page two
2)
Unethical conduct or malpractice by the provider as determined
either by a court of competent jurisdiction or by such review
processes as are, or may be, established by Tustin;
3) The breach by the provider of any provision of this Agreement or
any covenant contained therein;
4) The loss by the provider of legal capacity to contract.
Should any problems in service arise, the Orange County Fire and Emergency
Medical Services Departments, under Ordinance No. 953 and 955, have
corrective measures to enforce quality standards. Should any provider fail
to meet any terms of the contract, the City can review the contract at any
time.
LP:em
Attachments: Service Contract for Doctor's Ambulance
Service Contract for Morgan Ambulance
Community Development Department
AGREEMENT
FOR
PROVISION OF
EMERGENCY MEDICAL TRANSPORTATION SERVICES
BETWEEN
CITY OF TUSTIN
AND DOCTOR'S AMBULANCE SERVICE
THIS AGREEMENT, entered into this I st day January, 1986 which date is enumerated for
purposes of reference only, by and between the City of Zustin , hereinafter referred to as
"CITY" and Doctor's Ambulance, 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 refereed to as "ADMINISTRATOR".
WITNESSETH-'
WHEREAS, City desires to assure the availability of prompt emergency medical
transporation services within the CITY of Zustin ~ 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:
TR.Sb
CONTENTS
Paragraph
Page
I, Definitions ....................................................................................
2. Authorit7 ......................................................................................
3. Designation ...................................................................................
/4. Services ........................................................................................
S. Alteration of Terms .......................................................................
6. Delegation and Assignment .............................................................
7. Indemnification and Insurance .........................................................
8. Law/Licenses ......................... ~ ......................................................
9. Non-Discrimination ........................................................................
I 0. Not ices .........................................................................................
Il. Reports .........................................................................................
12. Status of Contractor ......................................................................
13. Term ............................................................................................
14. Termination ..................................................................................
15. Waiver of Default ..........................................................................
16. Signature Page ..............................................................................
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Exhibit ..........................................................................................
A
TR.5b
I. DEFINITIONS:
The following terms and definitions shall be used in this Agreement-'
A. "Emergency Medical Transportation Services," hereinafter referred to 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 Dispatch Center" means the Office of the Orange County Fire
Deportment, responsible for authorizing EMTS provided pursuant to this Agreement.
C. "Advanced and Basic Life Support" means those services set forth in Sections
1797.52 and 1797.59 of the California Health and Safety Code, as now in existence or
hereafter amended or changed.
D. "Emergency Response Area," hereinafter referred to s "ERA," 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 ERA's:
I) "Urban ERA" - A region with a population density of 100-999 persons per
square mile.
2) "Rural ERA" - 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 Portola Parkway; Ortega Highway between La
Plata Avenue and Cleveland National Forest.
3) "Remote ERA" - Regions of the Cleveland National Forest which are
within the County of Orange.
F) "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.
This supersedes the Medical Transportation Agreement of July I, 1985.
G) "Secondary Responder" means the ambulance company which shall be requested
by the Emergency Dispatch Center to provide EMTS in the event that the Primary
Responder is unable to, or does not, provide such services.
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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 Jf the vehicle is being driven in response to an emergency call.
AUTHORITY:
The Request for Proposals and CONTRACTOR'S response are included by reference.
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 and/ar Secondary Responder
in the following specific ERA(s). The geographical boundaries of these ERA's are set forth
in Exhibit A of this Agreement. 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.
ERA Number Designation
23 Primary
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.
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 2/~-hour basis to requests by the Emergency Dispatch Center for EMTS. 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:
I) Emergency Response Time (Code 3-red lights and siren) within an Urban
ERA shall not exceed 10 minutes.
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2) Emergency Response Time (Code 3-red lights and siren) for a Rural ERA
shall not exceed 20 minutes,
3) Emergency Response Time (Code 3-red lights and siren) for a Remote ERA
shall not exceed 30 minutes.
4) Urgent Response Time (expeditious response without red lights and siren)
for an Urban ERA shall not exceed 15 minutes.
5) Urgent Response Time (expeditious response without red lights and siren)
for Rural ERA shall not exceed 30 minutes.
~) Urgent Response Time (expeditious response without red lights and siren)
for a Remote ERA shall not exceed 45 minutes.
7) Upon request for response~ the emergency medical transportation provider
for the indicated ERA(s) shall have the responding unit enroute with 3 minutes.
8) A field supervisor shall be immediately available, stationed within the
County of Orange on a 2/t-hour basis.
C. Personnel performing duties under this Agreement, shall meet all requirements
of applicable laws, rules and regulations of governmental entities as now in existence or as
hereafter amended.
D. CONTRACTOR shall have at least one dispatcher on a twenty-four (2~,) hour
per-day 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 radios acceptable to
ADMINISTRATOR in each first line and reserve unit~ as required by any governmental
rules~ laws, or regulations.
5. ALTERATION OF TERMS:
This Agreement, together with any Exhibit(s) attached hereto~ which ore
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 (]Iteration
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of, the terms of this Agreement or any Exhibit(s) thereto~ whether written or verbal~ shall
be valid unless made in writing and executed by both parties.
DELEGATION AND ASSIGNMENT:
CONTRACTOR may not delegate or assign the rights or obligations here under~
either in whole or in party without prior written consent of the CITY. Any attempted
assignment or delegation in derogation of this paragraph shall be 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~
agents and employees from all liability, claims~ losses and demands~ including defense
costs, whether re~ulting from 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 required by applicable laws, and governmental
rules and regulations.
C. All insurance policies except Worker's Compensation and Employer's Liability
and Professional Liability shall contain the following clauses:
I) "The CITY of TUSTIN is added as an additional insured as respects
operations of the named insured performed under contract with the CITY of TUSTIN ."
2) "It is agreed that any insurance maintained by the CITY of TUSTIN shall
apply in excess of and not contribute with~ insurance provided by this policy."
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3) "This insurance shall not be cancelled, limited or allowed to lapse until'
after 30 day's written notice has been given the Orange County Fire Department."
D. CONTRACTOR shall be required to obtain and post a faithful performance 5ond
in a form applicable to the CITY. The performance bond shall be in the amount of
$50,000.00.
E. "Attorney's Fees. If any action at law or in equitY is necessary to enforce or
interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable
attorneyts fees, costs and necessary disbursements in addition to any other relief to which
he ma), be entitled."
8. LICENSE AND LAW:
CONTRACTOR shall, throughout the term of this Agreement, maintain all
necessary licenses, permits, approvals~ waivers and exemptions necessary for the prevision
of the services hereunder and required by the laws and regulations of the United States, the
State of California~ the County of Orange, the City of TUSTIN and oil 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, irrespbctive of appeal shall require
written notification of ADMINISTRATOR.
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 I%/~, ~,2 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.
10. NOTICES:
A. All notices, correspondence, reports, and/or statements authorized or required
by this Agreement shall be addressed as follows:
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CITY:
Orange County fire Department
180 South Water Street
Orange, CA 926~(~
Attn: Director of fire Services
CONTRACTOR: Doctor's Ambulance Service
230f~5 Terra Drive
/aguna Hills, CA
Attn: bruce Herren
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 other fashion than as specified in this paragraph shall
not be valid.
II. REPORTS:
A. ADMINISTRATOR may request reasonable reports of CONTRACTOR in order
to determine the quality and quantity of services provided hereunder.
B. The report shall include, but need not be limited to, the following:
I. Dispatch, enroute, on-scene an available times
2. Mileage
3. Services performed
b,. 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) calendar days for CONTRACTOR to respond.
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12. STATUS OF CONTRACTOR:
CONTRACTOR is, and shall be 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, or principal agent, between the
CITY and CONTRACTOR or any of CONTRACTOR'S agents or employees.
CONTRACTOR assumes exclusively the responsibility for the oats of its employees as they
relate to the services to be provided during the course and scope of their employment.
CONTRACTOR~ its agents and employees, shall not be entitled to any rights and privileges
of COUNTY employees and shall not be considered in any manner to be CITY employees.
13. TERM:
The term of this Agreement shall commence on January I, 1986 and expire on
December 3 I, t 988 unless sooner terminated as specified in this Agreement.
TERMINATION:
A. Either party may terminate this Agreement upon providing the other party with
one-hundred eighty (180) days written notice.
B. This Agreement shall terminate and 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 manner specified. The reasons for termination
include, but are not limited to, the following:.
I) 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 jurisdiction or by such review processes as are~ or may be,
established by CITY~
3) The breach by CONTRACTOR of any provision of this Agreement or any
covenant contained herein.
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Zt) 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.
15. WAIVER OF DEFAULT:
Waiver of any default shall not be deemed to a waiver of any subsequent default.
Waiver of 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.
IN WITNESS WHEREOF, the parties have executed this Agreement in County of
Orange~ California.
DATED: By
CONTRACTOR
DATED: By
FRANK GREINKE~ MAYOR
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE
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