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From:
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
6Rt6tN-A-L
Michael J. Conrad, Fire Chief Subject: Resolution authorizing the City of San Bernardino to
enter into a Memorandum of Understanding (MOU)
with ICEMA (Inland Counties Emergency Medical
Agency) to accept laptop/tablet "Toughbook"
computers and participate in the regional Emergency
Fire Medical Services electronic data collection program.
Dept:
Date:
May 18, 2009
MC/C Meeting Date:
June 15,2009
Synopsis of Previous Council Action:
RECOMMENDATION:
Adopt resolution.
~.~
Signature I
Contact Person: Michael J. Conrad" Fire Chief
Phone: (909) 384-5286
Supporting data attached: Staff Report. Resolution. and MOU
Ward: Citywide
FUNDING REQUIREMENTS:
Amount:
Annual cost for the program is $19.400 that
will need to be funded by the General Fund in FY 2010/2011.
Finance:
Council Notes:
~c;J 2LXJC?- /50
Agenda Item No.---2.L
c., -is-ocr
STAFF REPORT
SUBJECT:
Resolution authorizing the City of San Bernardino to enter into a Memorandum of
Understanding (MOU) with ICEMA (Inland Counties Emergency Medical Agency) to
accept laptop/tablet "Toughbook" computers and participate in the regional Emergency
Medical Services electronic data collection program.
BACKGROUND:
The San Bernardino City Fire Department has provided Emergency Medical Services
(EMS) at the Advanced Life Support (Paramedic) level since 1976. Currently, we collect
patient information on a 4-part NCR form (one part which is passed on to the transporting
ambulance). Once the unit returns to the station, 46 selected data points are then input into
a computer database. This system is susceptible to the information being lost, with non-
standardized information being collected. The very nature of the system of collecting data
on a paper form and then requiring manual entry into an electronic program, invites error
and omissions, and makes our personnel duplicate work.
The implementation of electronic data collection is driven from both the state and national
level, as the current data collection system is fragmented and not uniform in the statistics
that are collected. Much the same as the Fire Service transitioned to a uniform electronic
data collection system over the past decade, Emergency Medical Services is now
undergoing a similar transition.
The data collection system has three general purposes:
System statistics and evaluation
Quality Improvement
Demographic information collection
In order to effectively evaluate our system, and Emergency Medical Services systems
throughout the nation, there must be a uniform, nationwide standard to collect and compare
data. This database, NEMSIS (National Emergency Medical Services Information
System) provides the structure to do an "apples to apples" comparison as to the type and
amount of calls, as well as the treatments provided. We need the ability within our own
system to determine the number and type of calls, and the treatments rendered during these
calls, and the NEMSIS system gives us the ability to do that, as well as providing the
uniformity to compare and contrast our system to the national standards. Additionally, the
NEMSIS data collection system provides an externally validated set of almost 200 data
points that will give us the ability to more completely evaluate our system and delivery of
care.
As well as giving us a picture of our entire system, quality improvement is essential and
mandated in an Emergency Medical Services system, creating a need to be able to compare
and evaluate our system as a whole, and paramedics as individual providers within the
system. The data points collected in the NEMSIS database will allow us to evaluate our
success in training, the need for continued training and immediate feedback to our
individual providers as to their performance.
The need for data collection is evident, and the state/regional requirement to collect the
NEMSIS data points will require the shift to a different data collection system than is
currently in place in the near future. Rather than develop our own system, and/or purchase
an "off the shelf' system that is unproven and not compatible with other providers in the
system, we have an opportunity to participate in a regional data collection system, at
minimal cost to us. This regional system complies with the national and state requirement
for data collection, as well as integrating the data with the other fire service EMS providers
and our ambulance transport provider. Under this MOU, the regional EMS agency -
ICEMA would provide us with laptop/tablet 'Toughbooks" to collect data in the electronic
format while on scene. This data can then be plugged into the Toughbook of the
transporting ambulance, allowing a more complete and accurate picture of the patient, and
the changes to the patient status with our care. Most importantly, because this data is
collected at time of service or immediately thereafter, and does not require duplication of
effort, it increases the accuracy and completeness of the data collected. Part of the
information collected in the database, is demographic and billing information which can
then be sent directly to our EMS billing company, giving us the potential for an increased
recovery of the Paramedic Response Fee.
The MOU would allow us to accept 19 Panasonic Toughbook Laptop/Tablet computers at
a value of approximately $3,600 each for a total value of $68,400. The MOO would be
reviewed for renewal on a yearly basis, and while in force, would obligate us to maintain
the software license for the computers and server after May 20 I 0, and maintain the laptops
after March 2011 when the warranties expire. Additionally, participating in the MOO
would obligate us to report data in a specific format to ICEMA. This reportable data
would NOT include any patient identifier (name, home address, phone number, social
security number) in order to protect patient confidentiality.
The term of the MOO is upon receipt of equipment and software, and shall not extend
beyond one year unless agreed to in writing by both parties. Any extension of this MOO is
contingent upon receipt by ICEMA of specific funding related to an EMS Management
Information System. Also, either party may, by written notice to the other party, terminate
this MOO in whole or in part at any time, either for its convenience or because of the other
party's failure to fulfill its MOO obligations or to cure or correct its MOO obligations
within a period as the parties may mutually agree.
Participating in this MOO will allow us to collect the information we need to evaluate our
own system and performance, comply with regional and state mandated data collection,
and integrate the data with other EMS providers in our system, all at a much lower cost
than if we were to attempt to develop, procure, and implement an internal system.
2
This computerized system, is currently being used by the San Diego Fire-Rescue
Department and they implemented the electronic data collection system-wide four years
ago. They have experienced an increase in EMS revenue collections. Therefore, the Fire
Department anticipates an increase in revenue due to the elimination of lost paper records
and more complete data collection.
FINANCIAL IMPACT:
ICEMA will maintain the laptops under warranty until March 2011. Therefore, in FY lO-
II the city will incur costs for the annual software licensing of $7,400, and replacement
items (batteries, chargers, and stylus) of $2,500, and the annual maintenance contract of
$9,500; total annual costs of $19,400. This annual cost will need to be funded by the
General Fund in fiscal year 20 I 0/20 II.
RECOMMENDATION:
Adopt resolution.
3
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Inland Counties Emergency Medical Agency
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February 25, 2009
Michael Conrad, Fire Chief
San Bernardino City Fire Department
200 East Third Street
San Bernardino, CA 92410
Dear Chief Conrad:
SUBJECT: MISS MOU AGREEMENT
Enclosed please find two (2) original Memoranda of Understanding (MOD) which provide for
equipment and software to San Bernardino City Fire Department for the Management Infonnation
and Surveillance System.
Please return both original agreements with appropriate signatures (please use blue ink for
signatures). Once approved by the ICEMA Governing Board, we will set up a convenient time to
install the software and schedule training. If you have any questions regarding the MOU, please do
not hesitate to contact me.
We appreciate your cooperation in our efforts to implement an electronic EMS management
information system.
V:;/:":V
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Exee~'D=~or
VH/DF/mae
Ene.
ee: Bernie Horak, EMS Coordinator, San Bernardino City Fire Department
Diane Fisher, ICEMA
Mark Roberts, ICEMA
515 North Arrowhead Avenue. San Bernardino, CA. 92415.()()6()
(909) 388-5823 office . (909) 388-5825 fax . www.ic""" net
RESOLUTION NO.
(C((J)[P;f
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO TO ENTER
INTO A MEMORANDUM OF UNDERSTANDING (MOU) WITH ICEMA (INLAND
3 COUNTIES EMERGENCY MEDICAL AGENCY) TO ACCEPT LAPTOP/TABLE
4 "TOUGHBOOK" COMPUTERS AND PARTICIPATE IN THE REGIONAL
EMERGENCY MEDICAL SERVICES ELECTRONIC DATA COLLECTION
5 PROGRAM.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That Inland Counties Emergency Medical Agency and the City of San
Bernardino wish to enter into a Memorandum Of Understanding (MOU); and
SECTION 2. The City Manager or his designee is hereby authorized and directed to
execute said MOU, a copy of which is attached and incorporated herein as Attachment "A";
and
SECTION 3. Said MOU shall be for the acceptance of laptop/table "Toughbook"
computers and participation in the regional Emergency Medical Services electronic data
collection program; and
Management Information System.
SECTION 5. The authorization to execute the above referenced Memorandum Of
Understanding is rescinded if it is not executed within one hundred twenty (120) days of the
passage of this resolution.
fill
fill
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fIll
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO TO ENTER
1 INTO A MEMORANDUM OF UNDERSTANDING (MOU) WITH ICEMA (INLAND
COUNTIES EMERGENCY MEDICAL AGENCY) TO ACCEPT LAPTOPffABLE
2 "TOUGHBOOK" COMPUTERS AND PARTICIPATE IN THE REGIONAL
3 EMERGENCY MEDICAL SERVICES ELECTRONIC DATA COLLECTION
PROGRAM.
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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and Common Council of the City of San Bernardino at a
held on the
day of
meeting thereof,
,2009, by the following vote, to wit:
COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
SHORETT
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
City of San Bernardino
The foregoing Resolution is hereby approved this
day of
,2009.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
F. PENMAN, City Attorney
2
INLAND COUNTIES
EMERGENCY MEDICAL
AGENCY
FAS
STANDARD CONTRACT
EXHIBI7 11
FOR OFFICIAL USE ONL Y
~ New Vendor Code Dept. Contract Number
Change SC A
-'-' HCC
0 Cancel
Dept. Orgn. Contractor's license No. I
INLAND COUNTIES EMERGENCY MEDICAL HCC EMS
GENCY
Contract Rep"resentative Telephone Total Contract Amount
VirQinia HastinQs, Executive Director (909) 388 - 5823 $
n IRevenue n Encumbered Contract Type 15<1
ri Unencumbered Other:
If not encumbered or revenue contract type, provide reason:
Commodity Code I Contract Start Date Contract End Date Original Amount Amendment Amount
$ $
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount
AM HCC EMS , , $
Fund Dept. Organization Appr. Obj/Rev Source GRCfPROJ/JOB No. Amount
, , $
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
, , $
Project Name Estimated Payment Total by Fiscal Year
MEMORANDUM OF
UNDERSTANDING BETWEEN
INLAND COUNTIES
EMERGENCY MEDICAL
AGENCY AND SAN
BERNARDINO CITY FIRE
DEPARTMENT FY Amount 110 FY Amount 110
- -
- -
THIS CONTRACT is entered into in the State of California by and between the INLAND COUNTIES EMERGENCY
MEDICAL AGENCY, hereinafter called ICEMA, and
Name
200 E THIRD STREET
SAN BERNARDINO CITY FIRE DEPARTMENT
hereinafter called
PROVIDER
Address
SAN BERNARDINO, CA 92410
Telephone Federal 10 No. or Social Security No.
(909) 384 - 5286
IT IS HEREBY AGREED AS FOLLOWS:
MEMORANDUM OF UNDERSTANDING
BETWEEN
INLAND COUNTIES EMERGENCY MEDICAL AGENCY
AND
SAN BERNARDINO CITY FIRE DEPARTMENT
Auditor/Controller-Recorder Use Onl
o Contract Database 0 FAS
Input Date Keyed By
Page 1 of 11
THIS MOU is entered into by and between Inland Counties Emergency Medical Agency (hereinafter referred to as
:EMA), and SAN BERNARDINO CITY FIRE DEPARTMENT (hereinafter referred to as the PROVIDER) and
shall be effective as of the last signature date below.
WITNESSETH:
WHEREAS, the PROVIDER represents that it is ready, willing and able to enter into an MOU to provide support
and services to ICEMA to advance the goals of the Homeland Security Grant and
WHEREAS, the PROVIDER has skilled personnel and facilities available to undertake such a program; and
WHEREAS, the PROVIDER and ICEMA desire this MOU and the work to be performed under it to fully comply
with all appropriate laws and regulations;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
ARTICLE 1: SCOPE OF WORK
PROVIDER, in the regular performance of its emergency medical services, will use computer equipment and
software supplied by ICEMA hereunder to collect and download into a specified data system patient and other
information related to the performance of such services, as further described on Exhibit A, ("Scope of Work")
attached hereto and a part hereof. PROVIDER agrees to appoint a designated person to oversee the
performance of such services; no substitution may be made without the prior written consent of ICEMA
ARTICLE 2: EQUIPMENT & SOFTWARE
For its performance hereunder, ICEMA will supply to PROVIDER the computer and related equipment and
software described on Exhibit B ("EMS MISS Equipment & Software"), attached hereto and a part hereof.
B. San Bernardino County Fire Office of Emergency Services (County FireOES) will tag, photograph, scan and
track the location of equipment. ICEMA will request from PROVIDER periodic reports on the location and
condition of equipment. This report will be provided to County Fire OES and subsequently forwarded to the
Office of Home Land Security (OHS).
C. All equipment that has been lost or stolen must be immediately reported to ICEMA (FORM DEVELOPED AND
AVAILABLE ON THE ICEMA WEBSITE.)
D. Equipment provided hereunder shall remain the property of ICEMA and the federal government. ICEMA shall
pay for licensure for all software for the first year of the Agreement. The cost of software licensure thereafter
will be paid by the PROVIDER. Upon termination of this MOU, title to such equipment shall remain with
ICEMA and the federal government.
E. For the duration of this MOU only, ICEMA shall provide for reasonable maintenance and support for the
Equipment and Software supplied hereunder. The responsibility of ICEMA to support the Equipment and
Software as described shall terminate upon the termination of this MOU
F. PROVIDER shall not alter such Equipment or download or connect anything thereto other than what is
supplied by ICEMA hereunder or as otherwise allowed by ICEMA and shall not use such Equipment for any
purpose(s) other than as described herein. PROVIDER shall be responsible for any loss of or damage to such
Equipment resulting from the gross negligence or willful misconduct of PROVIDER, its employees or agents
and agrees to promptly upon demand reimburse ICEMA for the replacement or repair of the Equipment lost or
damaged. PROVIDER shall use the computer Equipment supplied hereunder at its own risk; other than the
obligation to provide reasonable support set forth above, ICEMA shall have no responsibility whatsoever for
Revised 1/13/2009
Page2of11
the said Equipment, any malfunction thereof or any loss or damage caused by it or resulting from its use by
PROVIDER.
G. PROVIDER shall maintain the integrity of the software, and not allow unauthorized usage or copying.
H. PROVIDER shall hold harmless, indemnify and defend ICEMA from any claims of softWare piracy or
unauthorized copying or use of the software in PROVIDER's possession.
I. Each party shall comply with the privacy provisions of the Health Insurance Portability and Accountability Act of
1996 and the regulations thereunder ("HIPAA") and with such other requirements of HIPAA that may become
effective during the Term. All patient medical records shall be treated as confidential so as to comply with all
state and federal laws. PROVIDER agrees to hold harmless, indemnify and defend ICEMA from any claims
arising from the unauthorized release of confidential information by PROVIDER.
J. PROVIDER shall be solely responsible for the security of the information it collects, stores and/or transmits
using said Equipment and ICEMA shall have no responsibility whatsoever for such security or any breach
thereof. PROVIDER will transmit its data collected hereunder to ICEMA's server daily. ICEMA agrees to be
solely responsible for the security of all information it collects and stores on its server. PROVIDER remains
solely responsible for the security of the data during transmission to ICEMA's server. It is expressly
acknowledged and agreed that PROVIDER shall use ICEMA's server as described herein at its own risk, that
ICEMA is not and will not ever be an "outsourcer," that ICEMA does not guarantee continuous, uninterrupted
access to its server or to the information stored thereupon and that ICEMA shall not be liable in any way to
PROVIDER or anyone else for any loss, damage, cost or expense whatsoever suffered as a result of the
server or the data thereupon being or becoming inaccessible for any reason. PROVIDER agrees to indemnify,
defend and hold ICEMA harmless from and against any and all claims of loss, damage, cost or expense
resulting from PROVIDER's use of said server.
ARTICLE 3: TERM OF MOU
The term of this MOU shall begin upon receipt of equipment and software, and shall not extend beyond one year
unless agreed to in writing by both parties hereto. Any extension of this MOU is contingent upon receipt by
ICEMA of specific funding related to an EMS Management Information System.
ARTICLE 4: ADMINISTRATION
The designated administrative contact for
ICEMA shall be:
The designated administrative contact for
PROVIDER shall be:
Virginia Hastings, Executive Director
ICEMA
515 N. Arrowhead Avenue
San Bernardino, CA 92415-0060
(909) 388-5823
ARTICLE 5: CONTINGENT UPON GRANT
Michael Conrad, Fire Chief
San Bernardino City Fire Department
200 E Third Street
San Bernardino, CA 93549
(909) 384-5286
This MOU and the funding thereof are expressly contingent upon availability of funding. If funding is ever
discontinued or changed, or if the terms and conditions are ever altered, this MOU shall be terminated or amended
as may be required thereby.
":EMA shall make a reasonable effort to obtain grant funds or other sources of revenue to assist with related
costs following the termination of this MOU,
Revised 1/13/2009
Page3of11
ARTICLE 6: ACCOUNTS, AUDITS AND RECORDS
A. The PROVIDER shall maintain books; records, documents and other evidence, accounting procedures, and
practices sufficient to reflect properly all direct and indirect costs of whatever nature have been incurred for the
performance of this MOU. The foregoing constitutes "records" for the purposes of this clause.
B. The PROVIDER facilities (or such part thereof as may be engaged in the performance of this MOU) shall be
subject to inspection and audit during normal business hours and records shall be subject at all reasonable
times to inspection and audit by ICEMA's authorized representative(s).
C The PROVIDER shall preserve and make available records until the expiration of three years after the end of
the Project period covered or until audit is completed and all resulting questions are resolved, whichever
occurs first.
ARTICLE 7: PUBLICATIONS
All research reports and other publications relating to the work under this MOU shall:
A. Bear proper acknowledgment of the support provided by the ICEMA and PROVIDER.
B. Be submitted to ICEMA and PROVIDER in the form of advance copies for review and comment prior to
publication to ensure appropriate coordination of the research results.
C. Have mutually arranged specific understanding between ICEMA and PROVIDER regarding professional
credits of authorship
ARTICLE 8: REVENUE GENERATED
In the event ICEMA realizes any revenue, above and beyond ICEMA associated costs, in accordance with San
Bernardino County policy, from the provision of aggreg.ate data to a third party, a prorated share shall be paid to
the PROVIDER.
ARTICLE 9: INDEPENDENT PROVIDER RELATIONSHIP
The relationship of the PROVIDER to ICEMA is and shall be that of an independent contractor in all respects
under this MOU and nothing herein shall be construed as creating any other relationship.
A. Status of PROVIDER - The parties intend that PROVIDER, in performing the services specified herein, shall
act as an independent contractor and PROVIDER shall control the work and the manner in which it is
performed. PROVIDER is not to be considered an agent or employee of ICEMA and is not entitled to
participate in any pension plan, insurance, bonus, or similar benefits ICEMA provides its employees.
B. Taxes - PROVIDER agrees to file federal and state tax returns, if required by law, and pay all applicable taxes
on amounts paid pursuant to this MOU and shall be solely liable and responsible to pay such taxes and other
obligations, including, but not limited to, state and federal income and FICA taxes. PROVIDER agrees to
indemnify and hold ICEMA harmless from any liability which it may incur to the United States or to the State of
California as a consequence of PROVIDER's failure to pay, when due, all such taxes and obligations. In case
ICEMA is audited for compliance regarding any withholding or other applicable taxes, PROVIDER agrees to
furnish ICEMA with proof of payment of taxes.
Revised 1/1312009
Page 4 of 11
ARTICLE 10: HOLD HARMLESS
A. PROVIDER agrees to defend, indemnify, hold harmless and release ICEMA, its officers, agents and
employees, from and against any and all actions claims, damages, disabilities or expenses that may be
asserted by any person or entity, to the extent arising out of the negligent acts or omissions or willful
misconduct in the performance by PROVIDER hereunder, whether or not there is concurrent negligence on the
part of ICEMA, but excluding liability due to the active negligence or willful misconduct of ICEMA. This
indemnification obligation is not limited in any way by any limitation on the amount or type of damages or
compensation payable to or for PROVIDER or its agents under workers' compensation acts, disability benefit
acts or other employee benefit acts. The duty of PROVIDER to indemnify and save harmless as set forth
herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code.
B. ICEMA agrees to indemnify, hold harmless and release PROVIDER, its officers, agents and employees, from
and against any and all actions claims, damages, disabilities or expenses that may be asserted by any person
or entity, to the extent arising out of the negligent acts or omissions in the performance by ICEMA hereunder,
whether or not there is concurrent negligence on the part of the PROVIDER, but excluding liability due to the
active negligence or willful misconduct of the PROVIDER. This indemnification obligation is not limited in any
way by any limitation on the amount or type of damages or compensation payable to or for ICEMA or its
agents under workers' compensation acts, disability benefit acts, or other employee benefit acts. ICEMA shall
be liable to PROVIDER for any loss of or damage to PROVIDER's property arising from ICEMA's negligence.
The duty of ICEMA to indemnify and save harmless, as set forth herein, shall include the duty to defend as set
forth in Section 2778 of the California Civil Code.
ARTICLE 11: CHANGES
ICEMA may at any time, through a written Amendment to this MOU, make changes within the Scope of Work
or Period of Performance of this MOU. The PROVIDER and ICEMA shall negotiate in good faith equitable
adjustments, if appropriate, in the terms of this MOU to cover any such change.
B. No oral understanding or MOU not incorporated herein shall be binding on any of the Parties hereto.
ARTICLE 12: TERMINATION
Either party may, by written notice to the other party, terminate this MOU in whole or in part at any time, either for
its convenience or because of the other party's failure to fulfill its MOU obligations or to cure or correct its MOU
obligations within a period as the parties may mutually agree. Upon receipt of such notice by the non-issuing
party, the non-issuing party shall:
A. Immediately discontinue all service affected (unless the notice directs otherwise), and (B) PROVIDER shall
deliver, up to the date of termination, to ICEMA all equipment, data, reports, summaries, and such other
information and material as may have been prepared for and/or accumulated by the PROVIDER in performing
this MOU, whether completed or in process.
B. PROVIDER agrees to continue providing data electronically upon termination in a format mutually acceptable
to ICEMA and PROVIDER.
C. Nothing in this article is intended to abrogate the Parties' right to mutually terminate this MOU on such terms
as may be agreed upon.
Revised 1/13/2009
Page5of11
ARTICLE 13: FORCE MAJEURE
A. Effect - Except as otherwise expressly provided in this MOU, no default in the performance of any obligations
hereunder will be deemed to exist if such default is solely the result of a Force Majeure. In the event either
party hereto is unable, by reason of Force Majeure, to carry out its obligations under this MOU, it is agreed that
on such party's giving prompt notice of the full particulars of such event of Force Majeure, to be confirmed in
writing, to the other party as soon as possible after the occurrence of the event of Force Majeure relied upon,
the obligations of the party giving such notice so far as they are affected by such event of Force Majeure, shall
be excused during the continuance of such event of Force Majeure. A breach of this MOU caused by an event
of Force Majeure shall as far as practical be remedied with all reasonable dispatch.
B. Diligent efforts - During any period in which any party hereto is excused from performance by reason of the
occurrence of an event of Force Majeure, the party so excused shall promptly, diligently, and in good faith take
all reasonable action required in order for it to be able to commence or resume performance of its obligations
under this MOU. Without limiting the generality of the foregoing, the party so excused from performance shall,
during any such period of Force Majeure, take all actions reasonably necessary to terminate any temporary
restraining orders, preliminary or permanent injunctions to enable it to so commence or resume performance of
its obligations under this MOU.
ARTICLE 14: ENTIRE MOU
A. This MOU, consisting of eleven (11) pages, including Attachments A, "Scope of Work", and B "EMS MISS
Equipment & Software" states the entire agreement between the parties and merges herewith all statements,
representations, and covenants heretofore made, and any other MOUs not incorporated herein are void and of
no effect. No representations or promises not expressly stated herein have been used to induce any party to
enter into this MOU.
B. The signatures of the Parties affixed to this MOU affirm that they are duly authorized to commit and bind their
respective departments to the terms and conditions set forth in this document.
ARTICLE 15: RIGHTS AND REMEDIES NOT WAIVED
The PROVIDER agrees and guarantees that the work herein specified shall be completed without further or
additional compensation than that provided for in this MOU; .and that the acceptance of work herein and the
payment thereof shall not be deemed to be a waiver by ICEMA of any breach of covenants or conditions, or any
default which may then exist on the part of the PROVIDER, and the making of such payment while any such
breach or default exists, shall in no way impair or prejudice any right or remedy available to ICEMA with respect to
such breach or default.
The parties hereby acknowledge and agree that this MOU shall not constitute an MOU pursuant to Health and
Safety Code section 1797.201, and further, that the PROVIDER's consent to this MOU shall not constitute a
waiver of the PROVIDER's rights under Health & Safety Code section 1797.201 or under any other applicable
statute or authority. Pending termination of this MOU, the parties agree to reserve all rights pertaining to the
manner and scope of their respective regulatory and administrative control over the delivery of EMS within their
respective jurisdictions.
ARTICLE 16: GOVERNING LAW
This MOU, and all matters or issues collateral to it, shall be governed by and construed in accordance with the
JWS of the State of California and the United States of America. Any dispute shall be adjudicated in the Courts of
San Bernardino County.
Revised 1/13/2009
Page 6 of11
4.RTICLE 17: NON-DISCRIMINATION
PROVIDER shall comply with all applicable federal, state and local laws, rules and regulations relating to
non-discrimination in employment and services because of race, color, ancestry, national origin, religion, sex,
marital status, age, medical condition and handicap.
Revised 1/13/2009
Page 7 of 11
IN WITNESS WHEREOF, the parties have caused this MOU to be executed by their duly authorized
epresentatives.
INLAND COUNTIES EMERGENCY MEDICAL AGENCY
(Print or type name of corporation, company, contractor, ete.)
~
Gary C. Ovitt, Board Chairman
By ~
(Authorized signature - sign in blue ink)
Dated:
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Dena M. Smith, Secretary
Name
(Print or type name of person signing contract)
Title
(Print or Type)
Dated:
By
Address
Deputy
Approved as to Legal Form
Reviewed by Contract Compliance
Presented to Board for Signature
~
Counsel
~
~
Date
Date
Date
Revised 1/1312009
Page 8 of 11
EXHIBIT A
SCOPE OF WORK
1. PROVIDER will use the HealthWare Solutions software on the Panasonic Toughbook PC as their
primary documentation tool.
2. Until such time that PROVIDER has demonstrated competency in the use of this product for
documentation, PROVIDER will continue to document patient care per their current standards as
defined by ICEMA and department protocols.
3. This MOU will in no way change the current practice of patient care, transportation and destination
decisions.
4. For patients transported to LLUMC, PROVIDER will electronically download patient documentation
onto the server at LLUMC in preparation for merging into hospital patient care record.
5. For patients transported to other receiving facilities that do not have an interface with HealthWare
Solutions, the patient record will be printed in hard copy to become part of the hospital patient care
record.
6. PROVIDER will assure appropriate training as related to the software.
7 PROVIDER will assure appropriate linkages to allow for transfer of minimum data set as required by
ICEMA.
8. PROVIDER will work in cooperation with the vendor and ICEMA to assure transfer of required minimum
data on all patients.
9. PROVIDER will, as a first responder, electronically transfer patient care information to the transporting
agency at the time of transfer; or, as a transporting agency, allow the electronic transfer of patient care
information from the first responder.
10. PROVIDER will allow synchronization of Healthware Solutions Software licenses with the ICEMA
server to ensure uniformity of pick lists and procedures.
Revised 1/1312009
Page 9 of 11
EXHIBIT B
EMS MISS EQUIPMENT & SOFTWARE
PROVIDER will receive eighteen (18) Toughbooks meeting the following specifications to be distributed as
follows:
Panasonic Toughbooks model CF-19CDBAXVM.
Model CF-19CDBAXVM Specifications: [see Operation Guide (OG) for entire specifications]
Hardware Features: DescriDtion:
CPU Intel Core Duo Processor U2400 (1.06GHz, 2MB L2cache, 533MHz FSB)
ChTOset Intel 945GM
Memorv 512 MB (4096 MB Max.) olus 256MB Uoaraded,= Total RAM 768 MB
Video Memorv UMA (128 MB Max)
Hard Disk Drive 80 GB
DiSOlav Method Internal LCD & Ex1ernal Disolav
Wireless LAN Intel ProlWireless 3945 ABG 1802.11 a + b + 0) (see OG)
Bluetooth Version 2.0 + EDR Isee OG\
LAN IEEE 802.310Base-T, IEEE 802.3u 100Base-TX
Modem Data: 56kbos N.92) Fax:14.4kbos
Sound WAVE and MIDI Dlavback, Intel Hioh Definition Audio
, SecurTtV ChiD TPM ITCG V1.2 comDliant\
PC Card TVDe I or TVDe II x 1 13.3 V:400mA, 5 V: 400mA)
Exnress Card ExnressCard/34 or ExoressCard/54 x 1
SD Memorv Card X Data transfer rate = 8MB oer second
RAM Module Slot 200-oin, 1.8V. SO-DIMM, DDR2 SDRAM, PC2-4200 Comoliant
Interface (see OG) USB Port, Serial Port, Modem Port, LAN Port, Ex1ernal Display Port,
Expansion Bus Connector, Ex1ernal Antenna Connector, IEEE 1394a
Interface connector, Microohone Jack, & Headohone Jack.
Kevboard 82 kevslTouchPad/Diaitizer (Anti-Reflection)
Power Sunnlv AC Adaotor or Batterv Pack
AC Adantor Inout: 100Vto 240V AC, 50Hz/60Hz, OutDUt: 16.0 V DC, 3.75A
Batterv Pack Li-ion 10.65 V, 5.7 Ah
Software Features: DescriDtion:
Oneratinn Svstem Microsoft Windows XP Tablet PC Edition 2005 (NTFS File Svstem)
Utility Programs DMI viewer, Microsoft Windows Media Player 10, Adobe Reader, PC
Information Viewer, SO Utility, Icon Enlarger, Loupe Utility, Intel Matrix
Storage manager, Intel PROSetlWireless Software, Bluetooth Stack for
Windows by TOSHIBA, Wireless Switch Utility, Hotkey Settings, Battery
Recalibration Utility, Panasonic hand Writing, Software Keyboard, Display
Rotation Tool, Infineon TPM Professional Package, Recover Pro 6, Tablet
Buttons Settings, Setup Utility, Hard Disk Data Erase Utility, PC-Diagnostic
Utilitv
Revised 1/13/2009
Page 10 of 11
EXHIBIT B
(Continued)
Each box will include:
Panasonic Description: Part Number:
Panasonic Toughbook CF-19CDBAXVM
Stylus/Pen w/digitizer
Soft Cloth DFHS9017ZA
Modem Telephone Cable DFJS954ZA
Shoulder Strap
Tether DFME0148ZA
Battery Charger CF-VCBTB1 U
AC Adaptor Cord (3 pin) CF-AA1633AM1
Lithium Ion Battery Pack CF-VZSU48U
Operating Instructions Manual
Product Recovery CD
Windows Book
Reference Manual (installed)
Additional Hardware:
I Description: Part Number:
Panasonic Port Replicators (13) CF-VB181U
Lind Auto Adaptor Charger (one per PC) PA 1555-655
Additional Software Installed on Toughbooks:
Distributor: Software Description: Version/SDec:
Healthware Solutions, LLC EMS Solutions 2000 5.2007.02.02
Healthware Solutions, LLC EMS Manaaer 5.2007.02.02
Healthware Solutions, LLC EMS Desktop Launch Pad 5.2007.02.02
Healthware Solutions, LLC EMS Auto Updater 5.2007.02.02
Healthware Solutions, LLC Elvxer StatPad wlThreatScreen* 2007.02.14.01
Healthware Solutions, LLC Access Runtime for XP 2002
Healthware Solutions, LLC Microsoft.Net Framework 1.1
Healthware Solutions, LLC Medical Dictionarv n/a
ICEMA Trend Micro (virus protection)
Optional Accessories/Replacement stock not provided by ICEMA can be purchased directly from Healthware
Solutions.
Revised 1/1312009
Page 11 of 11
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February 25, 2009
Michael Conrad, Fire Chief
San Bernardino City Fire Department
200 East Third Street
San Bernardino, CA 92410
Dear Chief Conrad:
SUBJECT: MISS MOD AGREEMENT
Enclosed please find two (2) original Memoranda of Understanding (MOD) which provide for
equipment and software to San Bernardino City Fire Department for the Management Information
and Surveillance System.
Please return both original agreements with appropriate signatures (please use blue ink for
signatures). Once approved by the ICEMA Governing Board, we will set up a convenient time to
install the software and schedule training. If you have any questions regarding the MOU, please do
not hesitate to contact me.
We appreciate your cooperation in our efforts to implement an electronic EMS management
information system.
V~'=~
~ Mtin~
Exec e Director
VH/DF/mae
Enc.
cc: Bernie Horak, EMS Coordinator, San Bernardino City Fire Department
Diane Fisher, ICEMA
Mark Roberts, ICEMA
515 North Arrowhead Avenue. San Bernardino, CA. 92415-0060
(909) 388-5823 office. (909) 388-5825 fax . www.icema.net