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HomeMy WebLinkAbout44-Fire Department From: CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Date: Larry R. Pitzer, Fire Chief Subject: Second reading of ordinance repealing Chapter 3.72 of the San Bernardino Municipal Code gJ:. resolution adopting revised EMS User Fee Program and authorizing execution of amendment to agreement with ADPI. Fire ORIGINAL May 10, 2006 MC/C Meeting Date: May 15, 2006 Synopsis of Previous Council Action: 05/01/06 05/01/06 04/17/06 04/03/06 03/21/06 06/06/05 02/1 7/04 10/18/04 11119/90 The Mayor and Common Council also approved a motion directing staffto revise the EMS User Fee Program and to bring back the appropriate ordinance and resolution. The Mayor and Common Council approved 1st reading of an ordinance repealing Chapter 3.72 of the San Bernardino Municipal Code and Resolution 2006-122 amending resolution number 2005- 147 deleting EMS User Fees and authorizing the Fire Chiefto terminate the billing services agreement. The Mayor and Common Council motioned that the item be continued to May 1,2006 meeting. The Mayor and Common Council voted to eliminate the Emergency Medical Services User Fees. The Legislative Review Committee discussed the Emergency Medical Service Program user fee and directed staff to eliminate the fees. Resolution 2005-147 the new master fee resolution and repeals resolution no. 2004-252. Resolution 2004-58 repealing resolution no. 90-471 and increasing the fees. Resolution 2004-333 approving the billing service agreement with Advanced Data Processing West, Inc. for first responder, paramedic, and,membership program fees. Resolution 90-471 establishing emergency medical fees to be charged by the Fire Department and adding Chapter 3.72 to the Municipal Code entitled "User Fees and Medical Services", authorizing the collection of user fees and membership fees for Fire Department Emergency Medical Services. RECOMMENDATION: "",..id o,di~ be ,,",I"'; '0' "", .", rewlotio, b, "'::~1 K (f?~- Phone: (909) 384-5286 Contact Person: Larrv R. Pitzer, Fire Chief Supporting data attached: Staff Report, Resolution, and Agreement Ward: CitYWide Amount: FUNDING REQUIREMENTS: Source: (Acct. No.) Finance: Council Notes: R eSJ. .:xxx.o- t.j: Agenda Item No. STAFF REPORT SUBJECT Second reading of ordinance repealing Chapter 3.72 of the San Bernardino Municipal Code or resolution adopting revised EMS User Fee Program and authorizing execution of a First Amendment to the billing service agreement between the City of San Bernardino and ADPI reflecting a change in ADPI's compensation and the collection procedures. BACKGROUND On May 1,2006, the Mayor and Common Council approved repealing Chapter 3.72 of the San Bernardino Municipal Code and amending resolution number 2005-147 deleting the EMS user fees and authorizing the Fire Chief to terminate the billing services agreement; and had first reading of an ordinance repealing Chapter 3.72 of the San Bernardino Municipal Code. Subsequently, Fire recommendations were discussed as an alternative to a complete elimination of the EMS user fees. The following overview of the proposed restructuring of the EMS User Fee Program was presented: I. Reduce the fee from $250 to $200 for advanced life support and basic life support; 2. Exempt residents 65 years of age or older from paying the EMS user fee; 3. Exempt residents that qualify as low-income from paying the EMS user fee; 4. Actively market the annual membership program; and 5. Extend the billing cycle to a minimum of 180 days, and forward unpaid fees to a collection agency. The Council then took action to direct staff to revise the EMS User Fee Program. The proposed resolution implements the program revisions outlined above. Also, upon contacting ADPI regarding the recommended changes, ADPI informed staff that they could not continue services under the agreement at the current compensation because they cannot recover the cost of their services. The current agreement provides that either party may terminate the agreement with or without cause upon 30 days written notice. In order to continue with the agreement, ADPI has agreed to accept a $ 17.00 flat fee m account that is forwarded to them for billing. Even with theses changes in compensation, the City still anticipates an approximate $300,000 in net revenue to the City. Therefore, staff is also recommending that the Mayor and Common Council approve the change in ADPI's compensation schedule. In accordance with that the Council's directive, staffrecommends that the City Council take the following action: I. Table the second reading of the ordinance; and 2. Adopt the resolution to restructure the EMS program and authorize the execution of a First Amendment to the EMS billing service agreement to extend the billing cycle, provide for collection of unpaid accounts and revised compensation for ADPI. 1 FINANCIAL IMPACT Adopting the First Amendment to the billing services agreement and amending Resolution No. 2005-147 to reflect the new EMS user fees will generate approximately $300,000 in net annual revenue. RECOMMENDATION That said ordinance be tabled; and that said resolution be adopted. 2 ....... 2 , ~ 4 5 6 7 8 9 10 II 12 13 .....- 14 15 16 17 18 19 20 21 12 23 24 25 "- 16 27 28 t(Q)~'r RESOLl'TION "'0. RESOLUTIO:\' OF THE MAYOR A"'D CO:\lMOl\" COL'l\"CIL OF THE CITY OF SA'" BER."'iARDIl\"O AMENDI:\"G THE CITY'S MASTER FEE SCHEDVLE, RESOLl'TIO;\T NUMBER 2005-147 TO REFLECT THE l\"EW EMERGEl\"CY MEDICAL SERVICES (EMS) L'SER FEES; AND AUTHORIZING EXECVTION OF A FIRST AMENDMEJI\T TO THE BILLING SERVICE AGREEMENT BETWEEN THE CITY OF SAN BER."iARDINO AND ADVANCED DATA PROCESSING Il\T. BE IT RESOLVED BY THE MAYOR AND COMMON COU:\"CIL OF THE CITY OF SA:\" BER."'iARDIl\"O AS FOLLOWS: SECTIO:\" 1. Resolution No. 2005-147, adopted by the Mayor and Common Council on June 6, 2005 establishing a new master fee schedule for city-wide user fees is hereby amended to revise Part IX: Fire Department, SECTION 7. No other fees established in the previous master fee resolution, Resolution No. 2005-147, are being modified by this resolution. SECTIOl\" 2. Part IX: Fire Department, SECTION 7 is hereby rescinded and replaced with the following new SECTION 7: "SECTION 7. The following fees and charges shall be collected by the Fire Department for emergency medical services: A. User fees: I. Emergencies requiring Basic Life Support services by paramedics and Emergency Medical Technicians: 5200.00icall 2. Emergencies requiring Advanced Life Support services by paramedics: S200.00icall B. Excmptions to user fees: The following persons are not subject to the above user fees: I. Residents 65 or older years of age 2. Residents who qualify for the low-income utility tax exemption pursuant to Section 3.44.144 of the Municipal Code c. Voluntary membership fees: 524.00 per year per household, due on June I of each year cO\'ers all permanent residents of a household. D. Delinquency Fees: Delinquent accounts for user fees shall be charged an additional 15% delinquency fee on the balance due." 1 "- 2 , ~ 4 5 6 7 8 9 10 11 12 13 '- 14 15 16 17 18 19 20 21 I 22 I 23 I 24 25 - 26 27 28 RESOLVTION OF THE :\IAYOR Al\"D CO'\lMON COUl'lCIL OF THE CITY OF SAN BER."'iARDINO AMENDING RESOLVTION Jl\UMBER 2005-147 TO REFLECT THE NEW E'\lERGENCY MEDICAL SERVICES (EMS) USER FEES; AND ADOPTI1'\G AMENDMENT NUMBER ONE TO THE BILLING SERVICE AGREEMENT BETWEEN THE CITY OF SAN BER.'\"ARDINO AND ADVANCED DATA PROCESSING I;\TC. SECTION 3. The Mayor or his designee is hereby authorized and directed to execute the First Amendment to the Services Agreement Between the City of San Bernardino and Advanced Data Processing, Inc. for billing services to be effective as of May 15, 2006, a copy of which is attached as Attachment A; SECTION 4. The authorization to execute the above referenced First Amendment is rescinded ifit is not issued within sixty (60) days of the passage of this resolution. SECTION 5. This resolution shall become effective as of May 15, 2006. 2 I - 2 3 4 5 6 7 8 9 10 II 12 13 r'~''"'" -- 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION OF THE MAYOR AND CO:\lMO:\" COL'JI\CIL OF THE CITY OF SA:\" BERc'\'ARDINO AMENDING RESOLL'TIOJl\ NL'MBER 2005-147 TO REFLECT THE :\"EW EMERGENCY MEDICAL SERVICES (E~IS) L'SER FEES; Al\"D ADOPTING AMEl\"DME:\"T l\"lJMBER ONE TO THE BILLING SERVICE AGREEMENT BETWEE:\" THE CITY OF SAN BER.'\'ARDINO AND ADVANCED DATA PROCESSI:\"G INC. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2006, by the following vote, to wit: Council Members: AYES NAYS ABST All\" ABSENT ESTRADA BAXTER :v!cGll\TKIS DERRY KELLEY JOIDiSO" MCCAi\1:v!ACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of ,2006. PATRICK J. MORRIS, Mayor City of San Bernardino ",-. 25 Approved as to Form: _26 27 28 3 I! '.--- FIRST AMENDMENT TO SERVICES AGREEMENT BETWEEN CITY OF SAN BER-1\IARDINO AND ADPI WEST, INC. FOR FIRST RESPONDER, PARAMEDIC MEMBERSHIP PROGRAM AND RELATED PROFESSIONAL SERVICES This First Amendment to Services Agreement ("Amendment") is made as of the 15th day of May, 2007 by and between The City of San Bernardino, a Municipal Corporation of the State of California, ("CITY"), and ADPI West, Inc. ("CONTRACTOR"), a Delaware corporation with offices located a 7750 Pardee Lane, Oakland, California 94621, with reference to the following facts: A. City and ADPI entered into an Agreement dated October 4, 2004 (the "Agreement") wherein ADPI agreed to perform certain billing services for first responder and paramedic fees. B. City and ADPI have agreed to modify the terms of the Agreement as more particularly set forth herein. NOW, THEREFORE, for good and valuable consideration, the parties hereto agree as follows: 1. Section 4.03 of the Agreement is hereby amended in part to read as follows: "-' 'The CONTRACTOR shall be paid by the CITY a monthly amount representing fees for the services provided as follows: $17.00 flat fee for each account forwarded by CITY to CONTRACTOR." The remainder of Section 4.03 shaH remain in full force and effect. 2. A new section 4.08 shall be added to the Agreement to read as follows: "4.08. Determination of qualification for the low income exemption pursuant to the CITY's Master Fee Schedule will be handled and approved by the CITY." 3. Section 21 of said Agreement is hereby deleted and is no longer in force or effect. 4. Page 2 of5 of Exhibit B to the Agreement under "Specific Scope Compliance", no. 6, "Self Pay Cycle" shaH be amended as follows: "Refer to City Policy 180 days shall be replaced with: "Return to City for Collection 180 days" "- 5. No Amendments. Except as otherwise set forth herein to the contrary, all terms and provisions of the Sublease shaH remain unamended and in fuH force and effect. 6. Defined Terms. Except as otherwise set forth herein, all defined terms used herein shall bear the same meaning as set forth in the Sublease. ',.~~. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement as of the date first above written. Date: PATRICK J. MORRIS, Mayor City of San Bernardino ATTEST: (SEAL) Rachel Clark, City Clerk Aproved as to form: James F. Perunan City Attorney By: . ~ 'V>-> 1 J ,/, 7 '~t-7~_ - () CONTRACTOR: ADPI West, Inc. By: Doug Shamon, President ."'.......... 2 From: CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Date: Larry R. Pitzer, Fire Chief Subject: Resolution amending Resolution No. 2005- 147 deleting EMS user fees; and an ordinance repealing Chapter 3.72 of the San Bernardino Municipal Code. Fire April 5, 2006 MC/C Meeting Date: April 17,2006 Synopsis of Previous Council Action: 04/03/06 03/21106 06/06/05 02/17/04 11119/90 The Mayor and Common Council voted to eliminate the Emergency Medical Services User Fees. The Legislative Review Committee discussed the Emergency Medical Service Program user fee and directed staff to eliminate the fees. Resolution 2005-147 the new master fee resolution and repeals resolution no. 2004-252. Resolution 2004-58 repealing resolution no. 90-471 and increasing the fees. Resolution 90-471 establishing emergency medical fees to be charged by the Fire Department and adding Chapter 3.72 to the Municipal Code entitled "User Fees and Medical Services", authorizing the collection of user fees and membership fees for Fire Department Emergency Medical Services. RECOMMENDATION: 1. Adopt resolution, and 2. That said ordinance be laid over for adoption, ") / / ,/ . ' /~-~ / , ) "f , ;;/Zii v / ~-!~i- Sighature, 'l) I \ Phone: (909) 384-5286 Contact Person: Larrv R. Pitzer, Fire Chief Supporting data attached: StaffReoort. Resolution and Ordinance Ward: Citywide FUNDING REQUIREMENTS: Finance: Council Notes: 9~.# :s2.. I 5)1)0 t II .-jp~, if /t17 Jp? :I I I Amount: Source: (Acct. No.) A,~,. '''m N,. ~;/lO 6 STAFF REPORT SUBJECT Resolution amending Resolution No. 2005-147 deleting EMS user fees; and an ordinance repealing Chapter 3.72 of the San Bernardino Municipal Code. BACKGROUND On November 19, 1990, the Mayor and Common Council established emergency medical fees to be charged by the fire department. Chapter 3.72 authorizes the collection of user fees and membership fees for Fire Department Emergency Medical Services (EMS). The Municipal Code allows the City to charge a user fee to recover costs associated with the delivery of paramedic services for advanced life support and basic life support. The EMS user fees are currently $250 per call. Also, residents of San Bernardino can voluntarily subscribe to the membership program that covers the user fee for EMS. The membership program is designed to assist our city residents with affordable EMS. The annual membership fees are $24.00 for most residents and $12.00 for low-income residents. This membership covers all family members residing within the household. On March 21, 2006, the Legislative Review Committee (LRC) discussed the EMS program and directed staff to place on the Council agenda LRC's recommendation to eliminate the EMS user fees. On April 3, 2006, the Mayor and Common Council voted to eliminate the EMS fees as recommended by members of the LRC. Following up on that decision, this ordinance will repeal Chapter 3.72 of the Municipal Code and the resolution amends the applicable resolution section to eliminate EMS user fees. On October 4, 2004, the city entered into a three-year billing service agreement with Advanced Data Processing Inc. (ADPI) for first responder, paramedic, and membership program fees. Stipulated in the agreement on page 6, paragraph 11 authorizes either party to terminate this agreement. There is no longer a need for the billing services and the city is requesting to terminate the agreement and will provide a thirty (30) days written notice to ADPI. Fire will continue to provide emergency medical services to the community and the termination of fees will not affect the services provided to the community. FINANCIAL IMPACT Repealing the EMS user fees will result in a loss of $273,500 in annual revenue to the City's General Fund. The EMS program estimated projections were $260,000 for EMS user fees, account number 001-000-4880, and $13,500 for EMS membership, account number 001-000-4342. RECOMMENDATION 1. Adopt resolution, and 2. That said ordinance be laid over for adoption, 2 I ORDINANCE NO. 2 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 3.72 OF THE SAN BERNARDINO MUNICIPAL CODE. 3 4 WHEREAS, The Mayor and Common Council voted to eliminate the Emergency Medical 5 Services User Fees as recommended by members of the City of San Bernardino's Legislative Review 6 Committee and directed staff to prepare the requisite documents to amend the applicable ordinance 7 and resolution to eliminate said User Fees for consideration by the Mayor and Common Council. 8 9 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ORDAIN AS FOLLOWS: 10 Section 1. Chapter 3.72 of the San Bernardino Municipal Code is hereby repealed and not 11 replaced, but reserved for future use. 12 In the event that any provision of this Ordinance, or any part thereof, or any Section 2. 13 application thereof to any person or circumstance, is for any reason held to be unconstitutional or 14 otherwise invalid or ineffective by an court of competent jurisdiction on its face or as applied, such 15 holding shall not affect the validity of the remaining provisions of this Ordinance, or any part thereof, 16 or any application thereof to any person or circumstance or of said provision as applied to any other 17 person or circumstance. It is hereby declared to be the legislative intent of the City that this Ordinance 18 would have been adopted had such unconstitutional, invalid, or ineffective provision not been included I ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 3.72 OF THE SAN BERNARDINO MUNICIPAL CODE. 2 3 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof, held on 5 day of the , 2006 by the following vote, to wit: 6 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 ESTRADA 9 BAXTER 10 McGINNIS 11 DERRY 12 KELLEY 13 JOHNSON 14 MCCAMMACK 15 16 17 Rachel G. Clark, City Clerk 18 19 20 The foregoing ordinance is hereby approved this ,2006. day of 21 22 23 PATRICK J. MORRIS, Mayor City of San Bernardino 24 Approved as to form 25 and legal content: 26 JAMES F. PENMAN City Attorney By: L -:;...f~ () 2 27 28 I RESOLUTION NO. 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NUMBER 2005-147 DELETING EMS USER FEES AND AUTHORIZING THE FIRE CHIEF TO TERMINATE THE BILLING SERVICES AGREEMENT. 4 5 WHEREAS: On April 3, 2006, the Mayor and Common Council voted to eliminate the 6 7 8 9 Emergency Medical Services User Fees as recommended by members of the City of San Bernardino's Legislative Review Committee and directed staff to prepare the requisite documents to repeal the applicable ordinance and rescind the applicable resolution to eliminate said User Fees. 10 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: II SECTION 1. That Resolution No. 2005-147, adopted by the Mayor and Common Council on 12 June 6, 2005 establishing a new master fee for city-wide user fees is hereby amended to delete Part 13 IX, Section 7. 14 SECTION 2. That the Mayor and Common Council authorize the Fire Chief to terminate the 15 billing services agreement with Advanced Data Processing, Inc. (ADPI) at such time as ADPI has 16 closed all pending accounts. 17 III 18 19 III 20 III 21 22 III III 23 III 24 III 25 III 26 III 27 III 28 1 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NUMBER 2005-147 DELETING EMS USER 2 FEES AND AUTHORIZING THE FIRE CHIEF TO TERMINATE THE BILLING SERVICES AGREEMENT. 3 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council ofthe City of San Bernardino at a meeting thereof, held on 6 , 2006 by the following vote, to wit: the day of 7 8 Council Members: ABSTAIN ABSENT NAYS AYES 9 ESTRADA 10 BAXTER 11 McGINNIS 12 DERRY 13 KELLEY 14 JOHNSON 15 16 MCCAMMACK 17 18 Rachel G. Clark, City Clerk 19 20 The foregoing resolution is hereby approved this ,2006. day of 21 22 23 PATRICKJ. MORRIS, Mayor City of San Bernardino 24 Approved as to form 25 and legal content: 26 JAMES F. PENMAN City Attorney By: L ~.!?~ o 2 27 28