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HomeMy WebLinkAbout1999-186 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 .19 20 21 22 23 24 25 26 27 28 , - , RESOLUTION 1999-186 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A CONTRACT BETWEEN THE SAN BERNARDINO CITY FIRE DEPARTMENT AND AMERICAN MEDICAL RESPONSE RELATING TO A I80-DA Y PILOT PROGRAM TO ASSESS ENHANCED PRE-HOSPITAL PARAMEDIC SERVICE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. That American Medical Response (AMR) and San Bernardino City Fire Department wish to enter into a 180-day publiclprivate partnership pilot program; and SECTION 2. That the pilot program will allow an opportunity to assess the value of certain paramedic pre-hospital care enhancements; and SECTION 3. That the Mayor or her designee is hereby authorized and directed to execute a contract, a copy of which is attached as Exhibit A; SECTION 4. The authorization to execute the above referenced contract is rescinded ifnot executed within (60) days of passage of this resolution. IIII IIII IIII IIII IIII IIII IIII IIII IIII 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 .19 1999~18:i RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A CONTRACT BETWEEN THE SAN BERNARDINO CITY FIRE DEPARTMENT AND AMERICAN MEDICAL RESPONSE RELATING TO A 180-DAY PILOT PROGRAM TO ASSESS ENHANCED PRE-HOSPITAL PARAMEDIC SERVICE I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 19th July , 199 -=---, by the following vote, to wit: COUNCILMEMBERS AYES NAYS ESTRADA x x LIEN x MCGINNIS SCHNETZ x VACANT - 5TH WARD ANDERSON x MILLER x day of ABSTAIN 20 The foregoing resolution is hereby approved 21 119 99 22 ~.~C~ 23 City Clerk 24 Approved as to form and legal content: 25 26 27 28 ABSENT {{,[~ Judith Valles, Mayor City of San Bernardino JAMES F. PENMAN City Attorney 2 1999-186 / ~';/',",//"":..c,' ( v'''' ~- ...... I /', ~._--/~.r.:'!, MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is entered into between [American Medical Response of Inland Empire], a California corporation, d.b.a. American Medical Response ("AMR"), and the City of San Bernardino, a municipal corporation ("City"), RECITALS A. AMR performs emergency ambulance services ("Ambulance Services") within an exclusive operating area ("EOA") granted by the County of San Bernardino ("County") and Inland Counties Emergency Medical Services Agency ("ICEMA"), which includes the area within the incorporated limits of City ("City Zone"). B, City currently provides non-transport prehospital emergency medical services ("EMS") using City fire department personnel as "first responders" ("First Responder Services "), C. Subject to AMR receiving the approval of ICEMA, AMR and City wish to undertake a pilot project in which they will reconfigure the delivery of EMS within the City by upgrading the City's First Responder Services and modifying AMR's response time requirements (the "Pilot Project"). D, The parties believe that the Pilot Project will maintain or improve the current quality and economic efficiency of EMS delivered in the City Zone, and intend to monitor such quality and efficiency during the term of this MOU to verify this, E. The parties may, but shall not be obligated to, replace this MOU with a long term Agreement for upgraded First Responder Services by City ("First Responder Agreement ") upon the expiration of the term hereof. F. The purpose of this MOU is to outline the respective rights and obligations of the parties in connection with the Pilot Project, and to outline the manner in which the Pilot Project will be implemented. SECTION I AMR'S OBLIGATIONS 1.1 During the term of this MOU, AMR shall lease to City the equipment described on Exhibit C, solely for use by City in performing First Responder Services. AMR shall at all times remain the owner of such equipment, The cost of this equipment is Thirty-Six Thousand Three Hundred Thirty Two Dollars ($36,332), The value of the monthly lease is three thousand twenty seven dollars and sixty six cents ($3027.66) Such amount shall be provided as in kind consideration by AMR to City for City's services hereunder, subject to repayment by City as set forth in Section 1. 3 in the event the parties enter into a First Responder Agreement. The equipment shall be provided as an in kind grant by AMR in consideration for City's services 017,120302,3 -1- :-- 1999-186 hereunder during the term of this MOU, subject to repayment pursuant to Section 1.3 in the event the parties enter into a First Responder Agreement. 1.2 In addition, AMR shall pay City Three Thousand Two Hundred and Fourteen Dollars ($3,214) per month (the "Monthly Payments"), on or before the fIrst day of each month, beginning on August 1, 1999, during the term of this MOU. The Monthly Payments are intended to cover the cost to City of premium pay for fIre department personnel who will perform enhanced First Responder Services on behalf of the City, The number of such personnel and other details regarding their initial and ongoing training are set forth on Exhibit B, 1.3 In the event the parties decide that the Pilot Program is successful, and enter into a First Responder Agreement, City shall repay AMR the full amount of the Start-Up Payment by permitting AMR to offset any Monthly Payments otherwise due City from AMR against such amount until the Start-Up Payment has been fully repaid, In the event the parties do not enter into a First Responder Agreement following the expiration of this MOU, City shall have no obligation to repay the Start-Up Payment, except as provided in Section 4,3. 1.4 The parties contemplate that the upgrade of the City's First Responder Service pursuant to the Pilot Project will permit ICEMA to modify AMR's response time requirements within the City Zone such that AMR shall be required to respond to all [Code 3] calls within twelve minutes at least 90% of the time. Approval by ICEMA of such modifIed response times shall be a condition precedent to this MOU, and this MOU shall be of no force and effect until said modifIed response time shall have been approved by ICEMA. SECTION II CITY'S OBLIGATIONS 2,1 City shall utilize the Start-Up Payment for the equipment and supplies described in Exhibit A, Beginning August 1, 1999 ("Commencement Date"), City shall provide enhanced First Responder Services in accordance with the terms of this MOU, Without limiting the generality of the foregoing, a full equipped City paramedic shall respond to all [Code 3] dispatches within the City Zone in accordance with the response times set forth in Section 2.2 below. 2.2 In providing enhanced First Responder Services, a City paramedic shall arrive at the scene within six minutes at least 90% of the time, City's response time shall be measured in the same manner as AMR' s, 2.3 City paramedics who perform enhanced First Responder Services hereunder shall be licensed, accredited and fully trained to perform such services in a manner which meets or exceeds the prevailing standard of care for a paramedic practice, Further, City paramedics shall fully cooperate with AMR personnel, and shall accompany seriously injured and/or ill patients to the hospital upon request by an AMR paramedic. 2.4 In performing First Responder Services, City shall comply with ICEMA's medical control authority, pursuant to applicable law, 017,120302,3 -2- 1999-186 SECTION III PERFORMANCE MEASUREMENT 3,1 It is the expectation of the parties that the Pilot Project will maintain or improve the quality of EMS within the City Zone. In order to ensure that this occurs, prior to the Commencement Date, the parties shall meet and confer to establish certain baseline performance standards for the delivery of EMS within the City Zone. Such performance measures may include, without limitation, the time interval between an initial AMR-EMS dispatch and arrival of the patient at the hospital. 3.2 Following the Commencement Date, the parties shall measure their performance against the baseline criteria. Such measurement and comparison shall occur in a manner mutually determined by the parties. 3.3 In addition to measuring the quality of EMS delivered in the Pilot Project, the parties shall also measure the economic efficiency of such delivery. More specifically, prior to the Commencement Date, AMR shall establish a baseline for unit hours required to provide Ambulance Services in the City Zone in accordance with ICEMA's response time requirements in effect prior to the Commencement Date. It is the expectation of the parties that the modification of AMR's response time requirements as set forth above in Section 1.5 will result in a reduction of the unit hours required by AMR to provide such services. It is the expectation of the parties that such unit hour reductions shall be sufficient to generate savings for AMR which shall be used to fund the Start-Up Payment and Monthly Payments. Following the Commencement Date, AMR shall measure its unit hours on a periodic basis to determine whether this assumption is correct. SECTION IV TERM AND TERMINATION 4,1 The term of this MOU shall begin on the Commencement Date and shall end on January 31, except as provided in Sections 4.2 and 4,3 below. 4,2 The parties may extend the term of this MOU by written amendment signed by both parties for an additional three-month period, or such additional period as the parties may mutually determine, At the end of the term of this MOU, the parties may, but shall not be required to, enter into a First Responder Agreement making the Pilot Project a permanent or long- term program, with such modifications as they may deem appropriate. 4.3 Notwithstanding the foregoing, either party may terminate this MOU upon forty eight (48) hours notice to the other in the event the terminating party determines that continuation of the Pilot Project jeopardizes the health and safety of patients in the City Zone. Further, either party may terminate this MOU in the event the other party materially breaches any term or provision hereof and fails to cure such breach within ten (10) days of written notice thereof. This MOU may be terminated without cause by either party on fourteen (14) days written notice. In the event of material breach by City, it shall repay to AMR an amount equal to the Start-Up Payment, less the pro rata portion of such payment corresponding to the part of the full -3- 017,120302,3 1999-186 , extended term of this MOU which shall have transpired up to the date of termination. For example, if this MOU is terminated after one month, City shall repay AMR five sixths of the Start-Up Payment. SECTION V DISPUTE RESOLUTION PROCESS 5.1 In the event of any dispute hereunder, prior to initiating a legal action the parties shall submit in good faith to mediation before a mutually agreeable mediator. If the parties are unable to agree upon a mediator, a mediator shall be designated by the administrator of the JAMS/ENDISPUTE panel in San Bernardino County, The cost of the mediator shall be shared equally. The foregoing shall not prevent either party from seeking injunctive or other provisional relief. SECTION VI INDEMNITY AND INSURANCE 6.1 City shall indemnify, defend and hold harmless AMR, and its respective officers and employees, from any and all expenses of any kind, or any claims for injuries or damage to persons and/or property, which result from the negligent or willful acts or omissions of City, or its officers, agents and/or employees, AMR shall indemnify, defend and hold harmless City, its officers and employees, from any and all expenses of any kind, or any claims for injuries or damage to persons and/or property, which result from the negligent or willful acts or omissions of AMR, or its officers, agents and/or employees, For purposes of this MOU, City shall not be deemed an agent of AMR, nor shall AMR be deemed an agent of the City. 6.2 In the event of concurrent negligence of the City, its officers, agents and/or employees and AMR, its officers, agents and/or employees, then the liability for any and all claims for injuries or damage to persons and/or property which arise out of this MOU shall be apportioned under the California law of comparative negligence as established presently, or as may thereafter be modified subject to final decision by a court of competent jurisdiction over the City of San Bernardino. 6.3 AMR agrees to maintain the insurance specified in Exhibit D which is attached hereto and incorporated by reference, and the City agrees to provide a certificate of self- insurance reasonably acceptable to AMR. SECTION VII MISCELLANEOUS TERMS 7.1 Any notice, request, demand or other communication required permitted hereunder shall be deemed to be properly given when deposited in the U.S. mail, postage pre-paid, or when deposited by facsimile for transmittal, addressed as follows: -4- 017,120302,3 1999-186 , In the case of AMR to: In the case of City to: Name: American Medical Response Name: Address: 20101 Hamilton Ave. ,Ste.3JOAddress: Torrance, CA 90502 Attn: Lawrence Manson Attn: With a copy to: Name: Amer i can Med i ca 1 Response With a copy to: Name: Address: 1044 E. La Cadena pr i ve Address: Aiv~r~irlp.J r.A q~~n1 Attn: Randv Skomsvo 1 rl Attn: 7.2 This MOD, including the rights and duties of the parties hereunder, and its validity, interpretation and performance, shall be governed by the laws of the state of California. 7,3 After final resolution, the prevailing party in any suit shall be entitled to reimbursement of all reasonable costs, including its reasonable attorneys' fees. The reasonable and allocable, costs salary, and expenses of the City Attorney and members of his office shall be considered "attorneys fees" for the purposes of this paragraph. 7.4 This MOD, together with the Exhibits (which are incorporated herein by reference) constitutes the entire agreement between the parties with respect to the matters herein discussed and contains all the terms and conditions agreed upon by the parties. No alteration or variation shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement shall be binding on the parties hereto, 7,5 All services to be performed by either party pursuant to this MOD shall be performed in accordance with all applicable federal, state, county and municipal laws, ordinances and regulations. 7,6 It is not the intent of either party to this MOD that any remuneration, benefit or privilege provided for hereunder shall influence or in any way be based upon the referral or recommended referral by either party of patients to the other or its affiliated providers, or the purchasing, leasing or ordering of any services other than the specific services described in this MOD. Any payments specified in this MOD are consistent with what the parties reasonably believe to be a fair market value for the services provided. 017,120302,3 -5- 1999-186 IN WITNESS WHEREOF, the parties hereto, by their duly authorized ::=ffiti'~.",,, ,,,,,nod ,hi, MOD" of"'" ~~ By: David Mintz Name: Arne r i cail Medi eal Response Title: Chief Executive Officer By- Date: y 3D, 1999 CITY: Title: tJ7 b//91 , . Date: 017,120302,3 -6- 1999-186 Exhibit A Startup Equipment and Supplies ALS Medications, IV's and Related Supplies: $ 1 , 430/each unit X 6 units Equipment: Cardiac Monitor/Defibrillator a. Existing LP-IO Equipment Upgrades for Pacing Capability for 6 units b. Battery Support Systems for 6 units @ $1,200/ea, c, Batteries (4 per unit x 6 units @ $100.) d, Pediatric Paddles for 6 units @ $129.00/ea. Pediatric Board ($ 229.00 xl) KED ($ 121.00 x 1) Traction Splint - SAGER ($ 185.00 xl) Pulse-oximeters ($ 760,00 x 6) Scort Suction Units ($ 750.00 x 6) Laryngoscope Handle & Blades ($ 37.00 xl) Magi! Forceps ($ 6,00 x 1) Sub Total Equipment and Supplies 017,120302,3 -7- $ 8,580.00 7,740.00 7,200.00 2,400.00 774.00 229.00 121.00 185.00 4,560.00 4,500.00 37.00 6.00 $ 36,332.00 1999-186 Exhibit B First Responder Personnel Fund firefighter conversion to firefighter/paramedic $ 3,214.00/month 017,120302,3 -8- 1999-186 Exhibit C Leased Equipment Cardiac Monitor/Defibrillator Existing LP-I0 Equipment Upgrades for Pacing Capability for 6 units Pediatric Paddles for 6 units Battery Support Systems for 6 units Batteries (4 per unit x 6 units) Pulse-Oximeters (6) Scort Suction Units (6) Pediatric Board (1) KED (1) Traction Splint - SAGER (1) Laryngoscope Handle & Blades (1) Magi! Forceps (1) 017,120302,3 -9- .' . .' 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