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HomeMy WebLinkAboutCC RESO 14,148RESOLUTION NO. 14,148 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND TRANS-MED dba HARTSON'S AMBULANCE FOR BASIC AND ADVANCED LIFE SUPPORT SERVCES BE IT RESOLVED by the City Council of the City of National City, California, that the City Manager is hereby authorized to execute that certain Agreement between the City of National City and Trans-Med dba Hartson's Ambulance Service for basic and advanced life support services for a three year term commencing October 1, 1983. PASSED AND ADOPTED this 27th day of September, 1983. ATTEST: -W L,. AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND HARTSON'S AMBULANCE SERVICE FOR BASIC AND ADVANCED LIFE SUPPORT SERVICES This agreement is made effective as of October 1, 1983, by and between the City of National City, a municipal corpo- ration, herein called "City", and Med-Trans, a California limited partnership, dba, Hartson's Ambulance Service, herein called "Hartson's". RECITALS A. Within the City of National City, there is a public health and safety need for effective and efficient basic and advanced life support emergency medical services. B. Various studies and actual practical clearly demonstrated that communities of size and population of National City are receiving the highest level of emergency 1 and nonemergency experience have the approximate best assured of and non- ri emergency medical transportation services at the lowest cost to the consumer if said services are delivered by a single, competent provider on an exclusive basis with the provider selected by the City on the basis of a competitive process. C. To that end and upon Council direction, the Fire Chief conducted a comprehensive study of the EMS needs of the City. The Fire Chief similarly recommended in said report that it is in the best interests of the community and the citizens of National City that basic and advanced life support services be provided by a single provider, with said provider selected on the basis of fair and open competition among interested, qualified private concerns. D. On June 3, 1983, the City issued a Request for Pro- posals. Two proposals were received by the City and were thoroughly evaluated by a screening committee. Both the evaluation committee and the Fire Chief recommended that the City Council award Hartson's a contract for basic life support and advanced life support services. 2 E. The City Council, on August 2 and 9, 1983, held public hearings in the matter of the selection of a provider for basic and advanced life support services. At said hearings, at which there was full opportunity for public testimony, and after receipt and due consideration of all information, the City Council directed City staff to negotiate an exclusive contract with Hartson's for the provision of basic and advanced life support services for the City of National City. AMP C 3 C NOW, THEREFORE, in consideration of the mutual promises herein contained and for other good and valuable consider- ation, receipt of which is hereby acknowledged, the parties agree as follows: 1. SERVICES Hartson's shall, without cost to the City, perform the following services to the satisfaction of the City: a. Provide emergency and nonemergency twenty-four hour, 365-day basic life support (BLS) and advanced life support (ALS) services to the City, with a minimum of one (1) BLS and one (1) ALS unit stationed within National City. The City reserves the right to require that two (2) BLS units be stationed within National City if BLS workload so justifies. The City further reserves the right to house the ALS unit in a mutually agreed upon National City fire station. 4 C C b. Provide critical care transport services for specialized interfacility patient transfers. c. Provide first responder training to National City Fire Department personnel, in accordance with policies outlined by San Diego County's Department of Health, Division of Emergency Medical Services. This training shall be conducted during normal Fire Department shift working hours and should not require overtime call-backs of firefighters. d. Provide disaster preparedness training to National City public safety personnel to insure effective coordination between Hartson's and National City employees during disaster operations. This training shall be in accordance with San Diego County disaster plans. 5 ( ( c e. Provide basic life support standby and trans- port service for major alarm fires within the City. This standby shall consist of estab- lishing a "Rehab Operation" to provide basic medical assessment of firefighters and other public safety personnel during emergency operations. f. Provide a community education program with specific objectives for each program area. Programs will be monitored and reported to the City on a periodic basis. Educational pro- grams should include: (1) Training for citizens on how to detect medical emergencies and access the emergency medical system. (2) CPR training for citizens as outlined in San Diego County's Emergency Medical Criteria for Advanced Life Support Services. 6 C C (3) Other program activities junior EMT/Paramedic; EMS presentations for schools, service clubs, etc; EMS demonstrations; classes for other EMS personnel, hospital personnel and convalescent home employees; blood pressure clinics/screenings; career day activities; speakers bureau and press releases. g Provide basic life support standby services for Sweetwater High School home football games and other City -sponsored civic events which require said services. These units may remain available for emergency response should they be needed. h. Provide comprehensive EMS communications and dispatching services. This shall include: screening of requests for service to determine priority and response level and to select the closest available and appropriately staffed 7 C C and equipped EMS unit; provision of noti- fication of appropriate secondary resources to an EMS response; provision of a telephone "Hot Line" between Hartson's and the Fire Dispatch Center; and the installation of equipment to allow two-way radio communications between Hartson's ALS units and National City fire units. It shall be understood that National City first responders will respond to the following cases: - Chest pain - Difficulty breathing - Unconsciousness Obstetrical emergency - Trauma - Post drowning or post - Overdose - Choking - Diabetes - Seizures or poisoning 8 electrocution i. Participate in EMS system activities including development and operation of automatic and mutual aid agreements, disaster drills, para- medic ride-alongs, and continuing education programs. Hartson's also agrees to attend and participate in meetings called at reasonable frequencies (not to exceed six (6) meetings per quarter) by the Fire Chief for the purpose of planning and coordinating EMS services. j Provide a complaint procedure as outlined herein: Whenever a complaint is received, regardless of whether from a health care agency, public safety agency, a patient, or the general public, an Incident Report Form shall be completed. The field supervisor shall conduct the initial investigation with emphasis placed on identification of potential system failures and deficiencies, recommendations for short and long range corrective actions, and the documentation of facts for future review and reference. 9 ( Whenever possible, an immediate face-to-face reponse shall be made by a member of Hartson's supervision and management team. All documentation on complaints and criticisms shall be maintained for at least three (3) years. 2. SYSTEM REQUIREMENTS a. All BLS and ALS ambulance units must be equipped and staffed at all times to meet all state and county laws and regulations effect- ing service delivery. Hartson's shall operate and maintain all ambulances and equipment in a manner which will not endanger life or property, and in accordance with all existing and future federal, state, and local laws, ordinances, regulations and resolutions appli- cable to Hartson's performance pursuant to this agreement. 10 ( c b. Hartson's agrees to employ paramedics and Emergency Medical Technicians who meet and/or exceed all state and county licensing and certification requirements. Hartson's will ensure that all emergency personnel meet all continuing education requirements specified by San Diego County. c. Hartson's shall notify the City immediately whenever any condition exists which adversely effects delivery of satisfactory emergency medical services to the City. 3. FEE SCHEDULES Hartson's is authorized to bill patients trans- ported according to the fee structures attached as Exhibit A and B. Patient's billed shall be pro- vided with varied payment options. 11 Said charges may be modified from time to time by the City, by Council resolution, after submittal by Hartson's of a request for same with supporting financial documentation. City agrees to review and act on rate modification requests within ninety (90) days of the date of submittal of said request and supporting documentation. 4. AFFIRMATIVE ACTION Hartson's shall comply with City's affirmative action requirements and shall maintain an affirm- ative action plan on file with the City during the • term of this agreement. 5. INSURANCE Hartson's shall obtain and maintain at all times a policy of insurance by an insurance carrier accept- able to the City against loss from public and automobile liability arising from any operation or activity of Hartson's, its agents or employees. 12 Minimum coverage shall be $5,000,000 combined single limit liability, to include medical mal- practice insurance. A copy of the policy of insur- ance shall be filed with the City and shall name the City of National City as an additional insured. Said policy shall specify that the policy may not be terminated, altered or cancelled without thirty (30) days written notice to the City by the insurance company. 6. HOLD HARMLESS Hartson's shall assume the defense of, indemnify and save harmless the City from all claims, expenses and liability of every nature, directly or indirectly arising from or alleged to have arisen from any operation, act or omission of Hartson's, its agents or employees. City shall assume defense of, indemnify and save harmless Hartson's from all claims, expenses and liability of every nature, directly or indirectly arising from, alleged to have arisen from any operation, act or omission of the City, its agents or employees. 13 ( 7. RELATIONSHIP OF PARTIES This agreement is an agreement by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 8. ASSIGNMENT Hartson's shall not assign any portion of this agreement or the services to be rendered thereunder without the written consent first obtained from the City, and any assignment made contrary to the provisions of this section shall serve to terminate this agreement at the option of City and shall not convey any rights to the assignee. 14 9. RIGHT TO REQUIRE PERFORMANCE The failure of the City at any time to require per- formance by Hartson's of any of the provisions hereof, shall in no way effect right of City there- after to enforce same. Nor shall waiver by City of any breach of any of the provisions hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 10. ILLEGAL PROVISIONS • If any provision 3f this agreement shall be declared to be illegal, void or unenforceable by a court of competent jurisdiction, the other provisions shall not be effected but shall remain in full force and effect. 15 C c 11. AUDIT AND REPORTING PROCEDURES Hartson's agrees to allow City officials complete access to all personnel, operational and financial records and data (including computer generated reports) pertaining to the services provided pursuant to this agreement. All records and documents regarding this service shall be available in San Diego for a period of not less than three (3) years. Hartson's further agrees to submit to the City at the reasonable frequency as requested from time to time by the City Fire Chief the following reports: a. Dispatch Data: County EMS Report Forms (ALS only) b. Financial Report: Revenues billed and collected by payment source for calls originating within the City of National City. Note: The City reserves the right to conduct spot checks of patient billings. 16 12. NOTICES All notices to Hartson's shall be mailed to: General Manager Hartson's Ambulance Service P. 0. Box 85231 San Diego, CA 92138 All notices to City shall be mailed to: Fire Chief City of National City 333 East 16th Street National City, CA 92050 13. CONSIDERATION This shall be a no -cost agreement to the City. The sole consideration provided to Hartson's for the comprehensive services to be provided by Hartson's is that City shall grant to Hartson's the exclusive rights to provide emergency and nonemergency basic and advanced life support service within the City. City agrees that Hartson's shall have the right of first refusal for any additional ambulance certificates issued during the term of this agree- ment. 17 14. TERM OF AGREEMENT; TERMINATION a. Term: The term of this agreement shall be for three (3) years commencing on October 1, 1983, and ending on September 30, 1986. This agree- ment shall be extended one additional year, until September 30, 1987, if neither party notifies the other party in writing (not less than sixty (60) days prior to September 30, 1986) of the intent to terminate said contract on September 30, 1986. b. Termination: City shall be entitled to terminate this agreement for cause prior to the expiration event Hartson's with respect to under which are date specified above in the shall commit a material breach any of its obligations here - not cured after five (5) days written notice from City specifying in detail the breach by Hartson's. 18 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first herein above set forth. THE CITY OF NATIONAL CITY By APPROVED AS TO FORM AND LEGALITY: By City Attorney 19 HARTSON'S AMBULANCE SERVICE By Thomas W. Morgan General Partner Administration s es... • C EXHIBIT A HARTSON'S AMBULANCE SERVICE BASIC LIFE SUPPORT FEE SCHEDULE FOR NATIONAL CITY A. TRANSPORTATION/GROUP CHARGES 1. Base Rate/Response 2. Emergency (Code 3) 3. Urgent 4. Mileage 5. Night (7 pm to 7 am) 6. Scene Commitment/Standby (After first 15 minutes) B. TREATMENT CHARGES 1. Oxygen Administered 2. Resuscitation C. MISCELLANEOUS CHARGES 1. Multi -patient Rate When two or more patients, each patient is charged 80% of Transportation/Group Charges. Full charges are made for any treatments rendered. 2. Ambulance Response/Np Transport (Refused) 3. Nurse Attendant (LVN) 4. Critical Care Transport Nurse (RN) 5. Disposable Supplies, Drugs 20 USER FEE $ 90.00 20.00 10.00 6.00/mile 20.00 1.00/minute 20.00 25.00 90.00 35.00 50.00 Cost plus 20% EXHIBIT B HARTSON'S AMBULANCE SERVICE ADVANCED LIFE SUPPORT FEE SCHEDULE * FOR NATIONAL CITY USER FEE A. ALS BASE RATE - RESPONSE $ 166.00 B. OTHER CHARGES 1. Night Charge (7 pm to 7 am) 2. Mileage 3. Oxygen 4. Scene Commmitment/Standby (after first 15 minutes) C. MISCELLANEOUS CHARGES 1. Multi -patient Rate When two or more patients, each patient is charged 80% of the Base Rate. Full charges are made for other services. 2. Ambulance Response/No Transport 3. Disposable Supplies, Drugs 20.00 6.00/mile 20.00 1.00/minute 166.00 Cost plus 20% * The ALS Fee Schedule is to be used only if one or more ALS treatments are provided to the patient. Those patients not requiring ALS treatment shall be billed according to the BLS Fee Schedule. 21