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HomeMy WebLinkAbout2008-408 RESOLUTION NO. 2008-408 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2S 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCJL OF THE CITY OF SAN BERNARDINO ADOPTING AMENDMENT NUMBER ONE TO THE EMERGENCY AMBULANCE TRANSPORTATION SERVICES SUBCONTRACT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE AMERICAN MEDICAL RESPONSE INLAND EMPIRE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. On January 29, 2001 the Mayor and Common Council adopted Resolution NO. 2001-27 authorizing the city to enter into a long-term contract with American Medical Response for enl1anced pre-hospital paranIedic service; SECTION 2. That the City of San Bernardino and American Medical Response Inland Empire request authorization to amend said January 29,2001 contract; SECTION 3. The City Manager or designee is hereby authorized and directed to execute said amendment to the January 29, 2001 contract, a copy of which is attached as Attachment A; SECTION 4. Said amendment shall be effective when executed by all parties and the effective date shall be July I, 2008; therefore, any action taken between July I, 2008, and the date that the agreement is executed is hereby ratified. SECTION 5. The maximum amount of compensation paid to the City through said amendment shall be three hundred ninety-five thousand, two hundred and sixty-three dollars and seventy-five cents ($395,263.75) for the period of July 1, 2008 through June 30, 2009. The base compensation shall be paid in equal monthly installments less any penalties for the preceding month. The Agreement has a caveat that the base compensation will be adjusted (either increased or decreased) July l't during each year of this Agreement. SECTION 6. The authorization to execute the above referenced amendment is rescinded if the parties to the Agreement fail to execute it within sixty (60) days of the passage of this Resolution. IIII ///1 II1I 1 ...... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 The foregoing Resolution is hereby approved this S~ day of November . 2008. 22 2S 24 25 Approved as to form: 26 JAMES F. PENMAN, City Attorney 27 28 2008-408 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING AMENDMENT NUMBER ONE TO THE EMERGENCY AMBULANCE TRANSPORTATION SERVICES SUBCONTRACT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE AMERICAN MEDICAL RESPONSE INLAND EMPIRE. 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 3rd , 2008, by the following vote, to wit: November day of COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT ESTRADA x BAXTER x BRINKER x DERRY x KELLEY x JOHNSON x MCCAMMACK x Q~k.~ RacheI G. Clark, City Clerk City of San Bernardino 2 '- III II' ~ 2008-408 -- .; v ~; _ - , "_:: _ - _ :;-::. ~ _ " __ FIRST AMENDMENT 1'0 DOJlGENCY AMBIJLANCIl11lANSl'OIlTATION SERVICIlS SUIICONTRACT ...,......U1l1'1T 1HIS FIRST AMENDMENT 1'0 EMERGENCY AMBULANCIl 11lANSPOJlTATION SIllVICIlS SUIICON11lACT AGR.nnr.lllT (")b_"-" is made betwoonAnwiam MaIiad P..,.....- TDIIod I!mpiIe ("AMR") md tile City oCSlIII &u..diu. (tile "City"). WRID....lIl. tile perties wiab to IIIIICIId tlleEou........, AmhnI...... T,"'"'l"A1ldion Senices SulK...d>....tAareemeal1hol tIIey ~ 1amI8Iy 29,2001 ("Apeemenl"); md WIDIlBAS, tile perties wiab tolllllClld tlleApeemalloo tile tams md -BOt Ilxth beIein. NOW TIIERUOlUt, in COIISidenIlicn oftbe fcxqoing md fer other good aIId valuable .......,;c\onofim, tbe RCeipl md fIlIfticiaM:y ofwbic:h .... bcnby acIaJowJedsod, tbe perties beRto 8p'ee" fuIloM: I. This A- sbaIl be effective when executed by all perties md tile elfective date sb8I1 be July 1,2008. 2. Thepertiesbcnby dcIete SectillIll2 oCtbeAeo....- inils CDtiIety md tqlIace it wiIh _DeW SectillIll2BOt Ilxth be1ow: 12. HIT T!NO AND PAYMENT: A Ro... C'....._.......... Base """'P"''''.'Um is ddamined by caIcu1ating tile tolal1lllit hour coots (1IVCIBlll' field ~. hourly .... md rdIted beoelits coot) suiDp thol AMR nu- fi1Im tile bact I............ tiD* thol AMR mcei1a fi1Im tile c-y wben tile City provides finl.~ ("UDit Hour SaWIp"). The Uuit Hour SaYiDp RBIized by AMR fer tile I--.Iill8 ca!aIdar year will be split IIixty Jl"IIl'IIl (60%) to tile City md fCllty Jl"IIl'IIl (4OK) to AMR. AMR lIbaIl pay to tile City -' Me ....\ ......... oC'lbnoe HuDdred N'mety-Five Thowrand, 'I'M> H1mdred md Sixly- 'lbnoe DoIJan md SeveaIy-Five Cads (S395,263.75) fer tile period oC July I, 2008 thnlush "- 30. 2009. The Me v........'ioo lIbaIl be paid in equal JIIlIIdb1y -- .. any 1"""'- fer tile llIecedioa month IS BOt Ilxth beIein. B. 'RAaP.1".._.~.~,,4IIIfinn Adit~. The base <wlp"t'lIIIliOll will be .qusllld (eithor iDcRued er do.. ,f) July I" during ~ year oCthis AplemeDI. The ~ will be .......ht..d by .w ",in:... tbe UIIit Hour SaYiDp JaIized by AMR fer tile llIecedioa ca!aIdar year split IIixty Jl"IIl'IIl (60%) to tbe City aIId fCllty Jl"IIl'IIl (40%) to AMR. AMR'. hourly.... md re1ated beoelits coot is S2S pee IIIIit hour md AMR saved 10.000 1IIIit boms in'1JKl1. The __ base "'...1......'.... to tile City ....;......'8 July I, 2008 ~ be SI5O,000, i.e.. S25 X 10,000 1IIIithours X 60%. The .q_ will be .........;...d by AMR md tbe caJrn!.lVon provided to tile City 110 later tblIl "- I" of ~ year oC tbe Agreemout. Example: C. r.nnditinmt to HatIP. r..~nNLJ,Mfi,.. The buc ~.m,. 8Dd~ 8ft: solely (~ 00. ICEMA'. l"nnf1m1flJl'l appvval of AMR'. c:III:RD b. : ,............ time ....,.;.....w.. within tile City 1..- wbic:h pamiI AMR to tapoIId to l119-t-l PSAP e>ripIaIed <lIDe(~y mcdicaI.tsp(lI\- within eIevm minutes md fifty-nine IllClIIIds (11:59) er .... 90% oftbe time. Furtba; tile City \\'IIl18IIIS md ............1hol tile base ......-...,;.", is, md sb8I1 be alii tD-. .... tblIl er equa\ to ils acluIl coots to JlIU'ide tile finl............ services to AMR. 3. The pertiesbcnby dcIete SectillIl27 oCtile Aareemeal in ils CDtiIety _tqlIace it wiIh_DeWSectillIl27 BOt Ilxth bdow: 27. TlRFAULT: A AMR may t....,:......, thisAg/.:>c:mc4t~ by I-u,idiu& tile City with writtaalllllice if&)' oCtbe foI1owias defimID occur: I. The City fails to meelrespoose timerequiremads fer any three (3) ......""'C"five IIIOIItbs er four (4) IIIOIItbs in any roI1ing two1ve (12) 1DIlII1h paiod; er 7.1.08 FintA- ToApeemall OwofWntUol md PmprietaIy III 2008-408 2. The continuation of services by the City would, in AMR's reasonable determination, create an imminent threat to the health, safety or welfare of patients. B. AMR may terminate this Agreement immediately by providing the City with written notice if the City fails to cure any other default under the Agreement after receiving notice from AMR of the default and a thirty (30) day period to cure. C. The rights and remedies of AMR provides in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. 4. The parties hereby add a new Section 35 to the Agreement as set forth below: 35. REGULATORY: A. Comnliance. The parties will comply in all material respects with all applicable federal and state laws and regulations including. the federal Anti-kickback statute. B. Comnliance Pr02l"llll1 and Code of Conduct. AMR has made available to each party a copy of its Code of Conduct. Anti-kickback policies and other compliance policies, as may be changed from time-to-time, at AMR's web site, located at: www.amr.net. and each party acknowledges receipt of such documents. AMR warrants that its personnel shall comply with AMR's compliance policies. including training related to the Anti-kickback Statute. C. Non-Exclusion: Each party represents and certifies that neither it nor any practitioner who orders or provide Services on its behalf hereunder has been convicted of any conduct that constitutes grounds for mandatory exclusion as identified in 42 U.S.C.~ 1320a-7(a). Each party further represents and certifies that it is not ineligible to participate in Federal health care programs or in any other state or federal government payment program. Each party agrees that if DHHS/OIG excludes it, or any of its practitioners or employees who order or provide Services, from participation in Federal health care programs, the party must notifY the other party within five (5) days of knowledge of such fact, and the other party may immediately tenninate this Agreement, unless the excluded party is a practitioner or employee who immediately discontinues ordering or providing Services hereunder. The City shall screen its employees that provide patient care services against the OIG's exclusion list on an annual basis and certify to AMR that its employees have successfully passed the screening. D. Referrals: It is not the intent of either party that any remuneration, benefit or privilege provided for under the Agreement shall influence or in any way be based on the referral or recommended referral by either party of patients to the other party or its affiliated providers, if any, or the purchasing, leasing or ordering of any services other than the specific services described in this Agreement. Any payments specified herein are consistent with what the parties reasonably believe to be a fair market value for the services provided. 5. The parties hereby delete Section 1.5 of Exhibit A to the Agreement in its entirety and replace it with a new Section set forth below: 5. Resoonse Time Performance Penalties. A. Per Call Penalties. For each call in the month below the ninety percent (90%) compliance where the City fails to meet the Response Time Compliance Standard. AMR may assess a per call penalty in the amount of twenty-seven dollars ($27.00) against the City. For each call in the month below the eighty-five percent (85%) compliance where the City fails to meet the Response Time Compliance Standard, AMR may increase the per call penalty amount to fifty-four dnllars ($54.00) per call. Illustration: For a month where the City responds to a total of 100 calls and is on time for only 83 calls. AMR may assess Per Call Penalties in the amount of $243 for the 7 calls where the City was below 90'/0 -- $243 = ((5 X $27) + (2 X $54)). The amount of the penalty in any given month will never exceed the amount of compensation that AMR pays to the City, e.g., a $10,000 monthly payment to the City equals a maximum of a $10.000 penalty for the month, and no penalty will be assessed when the 90'/. Response Time Compliance Standard for the month is met 6. All other terms and conditions set forth in the Agreement remain unchanged. [Signature page follows] 2 '"....". ;:-.- IH 'I III , . 2008-408 FIRST AMENDMENT TO EMERGENCY AMBULANCE TRANSPORTATION SERVICES SUBCONTRACT AGREEMENT BETWEEN AMERICAN MEDICAL RESPONSE AND THE CITY OF SAN BERNARDINO , the parties have hereto executed this Amendment. mpire By: By: OVED AS TO FORM .~ 3 .......