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HomeMy WebLinkAboutCC RESO 16,065rs RESOLUTION NO.16,065 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE COUNTY OF SAN DIEGO BY ADDING A "FIRST RESPONDER TRAINING CHARGE" TO IMPLEMENT THE EMT-D PROGRAM WHEREAS, the City of National City wishes to create an Emergency Medical Technician -Defibrillation (EMT-D) Program to enhance firefighters' ability to treat certain types of cardiac abnormalities by allowing them to utilize a defibril- lator to deliver a stabilizing electrical shock to the patient; and WHEREAS, in order to implement the EMT-D Program, it is necessary to enter into an Agreement with the County of San Diego setting forth the respective responsibilities of the City and the County under the City's EMT-D Program. Said Agreement also sets forth the responsibilites of the parties pertaining to the provision of Emergency Medical Technician - Paramedic (EMT-P) services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to enter into an Agreement with the County of San Diego pertaining to the provision of EMT-D and EMT-P services. A copy of said Agreement is attached hereto as Exhibit "A." PASSED and ADOPTED this 22nd day of AUGUST , 1989. ATTEST: • Lo i An George H. Waters, Mayor Peoples, it Clerk p , y APPROVED AS TO FORM: George H. Eiser, III City Attorney EXHIBIT "A" AGREEMENT THIS AGREEMENT is made between the COUNTY OF SAN DIEGO, hereinafter referred to as COUNTY, and: CITY OF NATIONAL CITY (Corporate Name of Party) 1243 National City Boulevard National City, CA 92050 (Street Address) (City/State) (Zip) hereinafter referred to as CONTRACTOR to provide EMT-Paramedic/EMT-Defibrillation Services. WITNESSETH: WHEREAS CONTRACTOR possesses certain skills, experience, education and competency to perform certain specialized services regarding the provision and management of advanced life support; and WHEREAS, pursuant to the provisions of Section 100161(b)(4) of Title 22 of Cali- fornia Code of Regulations, the County of San Diego is required to enter into a contract which authorizes and standardizes the provision of such services within a given region. NOW, THEREFORE, the parties hereto do mutually agree to the terms and conditions as attached and set forth in this document. IN WITNESS THEREOF, COUNTY AND CONTRACTOR have executed this AGREEMENT to be effective , 198 CONTRACTOR: COUNTY: BY e ,1 G.� '� BY NAME ®DRGCE H. WATERS TITLE MAYOR, CITY 0!?F I TICL�TAL CITY Disk 6-#21: 7/11/89:blj 4:ccriew ,re /6,0os- COUNTY OF SAN DIEGO Department of Health Services 1. Administration of Agreement COUNTY'S Chief, Emergency Medical Services, hereinafter called COUNTY'S ADMINISTRATOR, shall represent COUNTY in all matters pertaining to the performance under this Agreement and shall administer this Agreement on behalf of COUNTY. CONTRACTOR'S City Manager, shall represent the CONTRACTOR and shall administer this Agreement in accordance with its terms and conditions on behalf of CONTRACTOR. All reports, letters, notices and/or other correspondence shall be sent to the attention of the designated representatives at their respective addresses. 2. Term of Agreement The term of this Agreement will be from , 1989 and will continue indefinitely until mutually terminated. Termination proceedings can be started by either party provided that a forty-five (45) day notice of intent to terminate is given. 3. Responsibilities of Contracting Parties a. Responsibilities of COUNTY 1) To provide, under the authority of Section 1797 et seq. of the Health and Safety Code, the following services: a) Approval of the EMT -Paramedic and EMT -Defibrillation training program(s) in the County of San Diego pursuant to California Code of Regulations, Title XXII, Division 9, Chapter 4. b) Standards for certification/accreditation/authorization of EMT -Paramedics (EMT-P's), Mobile Intensive Care Nurses (MICN's), EMT-I's and EMT-D's (Defibrillation) in San Diego County, pursuant to California Code of Regulations, Title XXII, Division 9. c) Contract with designated Base Hospitals to provide immediate medical direction and supervision of the ALS system for the area defined by the local EMS Agency. For the purpose of this Agreement, the area defined is the MICU/EMT-D unit, including assigned personnel, assigned by the local EMS Agency to the Base Hospital for medical control. 2) To provide prehospital report forms in accordance with California Code of Regulations, Title XXII, Division 9, Chapter 4. 3) To review this Agreement every two years to ensure compliance with standards, regulations, policies, procedures and protocols. 2 b. Responsibilities of the CONTRACTOR 1) To provide EMT -Paramedic and EMT -Defibrillation Services within the boundaries of its local jurisdiction, and within adjoining areas as specified by agreements with adjoining EMT-Paramedic/EMT-Defibrillation Service Providers. 2) To participate in the Advanced Life Support (ALS) Program in accordance with Title XXII of the California Code of Regulations, Division 9, Chapters 2 and 4. 3) To develop and operate EMT-Paramedic/EMT-D Services in accordance with California Code of Regulations, Title XXII, Division 9, Chapters 2 and 4. The CONTRACTOR may subcontract all or a portion of these services. However, the CONTRACTOR is responsible for insuring that any and all subcontractors provide services in accordance with California Code of Regulations, Title XXII, Division 9, Chapters 2 and 4. 4) To maintain and operate at least one fully equipped, supplied and staffed EMT-P/EMT-D Unit seven days a week, twenty-four hours a day, in accordance with the Policies, Procedures and Protocols established by San Diego County. 5) To staff each with at least two Paramedics at all times. For the purpose of this Agreement, Paramedics are individuals certified/accredited by the San Diego Emergency Medical Services Medical Director to operate as EMT -Paramedics in San Diego County, pursuant to Section 1797 et seq. of the Health and Safety Code. 6) To assure that at least two EMT-D's respond at all times. For the purpose of this Agreement, EMT-D's are EMT-I's accredited by the San Diego Emergency Medical Services Medical Director to operate as EMT-D's in San Diego County, pursuant to Section 100064 of Title XXII, Division 9, Chapter 2 of the California Code of Regulations. 7) To provide the citizens of the local jurisdiction with information on the 9-1-1 System and where and how to obtain Cardiopulmonary Resuscitation (CPR) training. 8) To ensure that all certified/accredited EMT-Paramedic/EMT-D personnel comply with the continuing education requirements of the COUNTY. 9) To provide suitable facilities for housing the EMT-P/EMT-D units. 10) To cooperate with the approved EMT -Paramedic Training Programs in providing field internship locations for paramedic interns. 11) To develop mutual aid and/or call-up plans for providing EMT -Paramedic Service in an area in the event the ambulance assigned to the area is not operable, or is away from the area for other reasons. Automatic 3 response plans may be developed by the local jurisdiction with concurrence of adjoining EMT -Paramedic Services. 12) To notify the Chief, Division of Emergency Medical Services, or designee immediately whenever any condition exists which adversely affects the local jurisdiction's ability to meet the conditions of this Agreement. 13) To appoint an Agency Paramedic/EMT-D Coordinator, to serve as liaison between the Agency, the County, Base Hospitals, receiving hospitals, BLS provider agencies and Public Safety Agencies operating within the service area. 14) To provide orientation for first responder agencies to advanced life support functions and role. 15) To provide for a planned maximum response time of no more than fifteen (15) minutes in rural areas and no more than ten (10) minutes in urban areas. 16) To participate in local Emergency Medical Service planning activities, including disaster management. 17) To comply with all applicable State statutes and regulations and County standards, policies, procedures and protocols, including a mechanism to assure compliance. 18) To implement and maintain a Quality Assurance program. 19) To take immediate corrective action where there is a failure to meet "Responsibilities of the CONTRACTOR". 4. CONTRACTOR shall adopt CONTRACTOR'S own standards for the purposes of Paragraph 3.b above and shall monitor the EMT -Paramedic Service Provider's compliance with them. 5. Notice a. Notices Pursuant to This Agreement -- Any notice or notices required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail or registered mail, to the officials cited in Paragraph one (1). b. Notice of Delay -- CONTRACTOR shall, within five (5) days of the beginning of any delay in the performance of this Agreement notify the COUNTY'S ADMINISTRATOR, in writing, of the said delay, causes and remedial action to be taken by CONTRACTOR. 6. Amendments, Minor Changes and Termination a. Amendments -- COUNTY or CONTRACTOR this Agreement. Such amendments, as between COUNTY'S DIRECTOR, DEPARTMENT are not in force until approved by COUNTY. may request written amendment to agreed upon in writing, by and OF HEALTH SERVICES and CONTRACTOR the Board of Supervisors and the b. Termination of Agreement for Cause -- Upon breach of this Agreement, COUNTY shall have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date of such termination. c. Termination of Agreement for Convenience -- Either party may terminate this Agreement upon forty-five (45) days written notice to the other party. 7. Independent Contractor Independent Contractor -- It is agreed that CONTRACTOR shall perform as an independent contractor under this Agreement. CONTRACTOR is, for all purposes arising out of this Agreement, an independent contractor, and shall not be deemed an employee of COUNTY. It is expressly understood and agreed that CONTRACTOR shall in no event be entitled to any benefits to which COUNTY employees are entitled, including, but not limited to, overtime, any retirement benefits, workers' compensation benefits, and leave benefits. 8. Subcontracts of CONTRACTOR Subcontract -- All subcontracts for Paramedic Services entered into by CONTRACTOR shall be in writing and the subcontractor shall be authorized by the COUNTY to deliver such services in accordance with Title XXII of the California Code of Regulations, Division 9, Chapter 4. No such subcontract shall act to terminate any legal responsibility of CONTRACTOR to COUNTY to assure complete performance of all activities and functions required of CONTRACTOR under this Agreement. 9. Confidentiality CONTRACTOR shall maintain the confidentiality of i'ts records, including billings, in accordance with all applicable State and Federal laws relating to confidentiality. CONTRACTOR shall inform all its officers, employees and agents, and others providing services hereunder of said confidentiality provisions. COUNTY shall maintain the confidentiality of all records made available hereunder during and after the terms of this Agreement. 5 10. Maintenance of Records All administrative records under this Agreement shall be maintained by the CONTRACTOR for a minimum of five years after termination date. COUNTY, at its option, may take custody of a copy of CONTRACTOR'S non - patient administrative records related to this Agreement upon contract termination. 11. Fiscal and Performance Audits, and Inspection of Records Authorized Federal, State or County representatives shall have the right to monitor, assess or evaluate CONTRACTOR'S performance pursuant to this Agreement. Said monitoring, assessments or evaluations to include but not be limited to audits, inspection of premises, reports, patient records and interviews of staff. At any time during normal business hours and as often as COUNTY may deem necessary, CONTRACTOR shall make available to County, State or Federal officials for examination all ofits records with respect to all matters covered by this Agreement and will permit authorized County, State or Federal officials to audit, examine, copy and make excerpts or transcripts from such records, and to make audits of all invoices, materials, payrolls, records of personnel, information regarding patients receiving services, and other data relating to all matters covered by this Agreement. 12. Compliance with Laws and Regulations a. COUNTY Affirmative Action Program - The CONTRACTOR, sub -contractors and suppliers of the CONTRACTOR, shall comply with the requirements of the COUNTY'S Affirmative Action Program for Vendors as set forth in Article III-K of the Code of Regulations of the COUNTY OF SAN DIEGO, unless, specifically exempted in accordance with the Article's rules and regulations. (1) Equal Opportunity - CONTRACTOR will comply with the provisions of Title VI of the Civil Rights Act of 1964 (42 USC 2000 as amended by the Equal Opportunity Act of March 24, 1972, Public Law No. 92-261) in that it will not discriminate against any employee, or against any applicant of such employment because of age, race, color, religion, sex, physical handicap, ancestry or national origin. This provision shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. (2) Nondiscrimination - CONTRACTOR shall ensure that services and benefits are provided without regard to race, color, religion, sex, age or national origin in accordance with Title VI of the Civil Rights Act of 1964. CONTRACTOR shall comply with Section 6 504 of the pertaining handicapped or benefits Rehabilitation Act of 1973, as amended (29 USC 794), to the prohibition of discrimination against qualified persons under any program or activity with receives from Federal financial assistance. 12. Hold Harmless CONTRACTOR agrees that its performance under this Agreement is at its own risk and that it shall indemnify the COUNTY OF SAN DIEGO, its agents and employees, against and hold them harmless from any and all liabilities, both real and alleged, for damages, cost, losses and legal and investigative expenses resulting from, arising out of or in any way connected with CONTRACTOR'S alleged negligence, wrongful performance, or failure to perform fully under this Agreement. CONTRACTOR further agrees to defend the COUNTY OF SAN DIEGO, its agents and employees, against all suits, actions or proceedings brought by any third party against them, for which CONTRACTOR would be liable or be alleged to be liable hereunder. COUNTY shall defend, indemnify and hold harmless CONTRACTOR, its officers, agents, physicians, students or employees from and against any and all liability expense, including costs and legal fees incurred in connection with claims or demands for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, or property damage arising from or caused by the acts or failures to act of COUNTY, its officers, agents or employees. 15. Area To Be Served The incorporated limits of the City of National City and the Lower Sweetwater Fire Protection District. Total service area equals approximately twelve (12) square miles. 7