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HomeMy WebLinkAbout2003 CON City of San Diego - EMT Paramedic ServicesMUTUAL/AUTOMATIC AID AGREEMENT FOR EMT -PARAMEDIC SERVICES BETWEEN CITY OF SAN DIEGO AND CITY OF NATIONAL CITY This Agreement is made by and between the City of San Diego, a municipal corporation, hereinafter called SAN DIEGO, and the City of National City, hereinafter called NATIONAL CITY, to implement mutual and/or automatic aid requirements for paramedic services between jurisdictions as described in this Agreement. RECITALS A. Within each jurisdiction, there is a public health and safety need for emergency medical services. It is in the best interests of the community and the citizens of each jurisdiction that such emergency medical services be provided on a comprehensive basis, starting with care at the scene of an incident and continuing through stabilization and hospitalization of the patient. B. Each jurisdiction has been designated by the County of San Diego as a designated Emergency Medical Technician -Paramedic (EMT-P) service provider under separate EMT-P Provider Agreements with the County of San Diego, EMS Division. These Agreements define the requirements of the State of California and County of San Diego to provide paramedic level medical care and transportation within their respective Exclusive Operating Areas (EOA), generally defined as the boundaries of the jurisdictions. C. County EMS Policy P-801 requires, among other things, that each designated EMT-P Service Provider shall "Enter into mutual aid agreements with adjoining EMT-P agencies whenever possible" ( § IV, A8). NOW THEREFORE, in consideration of the recitals and the mutual obligations of the parties set forth in this Agreement, SAN DIEGO AND NATIONAL CITY agree as follows: STATEMENT OF WORK 1 Definitions. 1.1 Jurisdiction. A local jurisdiction is the County of San Diego, a city, water district, fire protection district, hospital district or county service area. 1.2 Exclusive Operating Area. The geographic area, generally defined by the 1 jurisdictional boundaries defined in the EMT-P Service Agreement, within which exclusive rights for provision of paramedic services has been granted by the County to the jurisdiction. 1.2 Mutual Aid. The provision of similar EMS resources from one jurisdiction to another, upon request through the area coordinator's designated dispatch center, when the requesting jurisdiction's EMS resources have been depleted. Mutual Aid connotes both receiving and sending jurisdictions have like resources (e.g. ALS paramedic ambulances). 1.3 Automatic Aid. The provision of similar EMS resources from one jurisdiction to another, upon request through the area coordinator's designated dispatch center. This type of aid does not require the requesting jurisdiction's EMS resources to be depleted prior to request. REQUIREMENTS 2 General Requirements. To establish mutual or automatic aid paramedic service between SAN DIEGO, by and through its authorized paramedic service provider, and NATIONAL CITY, and it's authorized paramedic service provider, to establish mutual and/or automatic aid requirements for paramedic services between adjacent jurisdictions. 3 Services. The jurisdictions, either directly or indirectly through contracted paramedic service providers, shall provide mutual and/or automatic aid paramedic services to designated areas as defined below. 3.1 SAN DIEGO shall provide paramedic ambulance service to NATIONAL CITY on a mutual aid basis when requested by NATIONAL CITY to those geographic response areas mutually agreed upon as follows: 3.1.1 Mutual Aid to the EOA defined in the EMT-P Service Agreement between County and NATIONAL CITY, or the geographical jurisdictional boundaries. 3.2 NATIONAL CITY shall provide paramedic ambulance service to SAN DIEGO on a mutual aid basis when requested by SAN DIEGO to those geographic response areas mutually agreed upon as follows: 3.2.1 Mutual Aid to the EOA defined in the EMT-P Service Agreement between County and SAN DIEGO, or the geographical jurisdictional boundaries. 2 4 Amendments and Operating Memoranda. 4.1 Amendments. SAN DIEGO or NATIONAL CITY may request written amendments to this Agreement. Such amendments, as agreed upon in writing, by and between SAN DIEGO and NATIONAL CITY are not in force until approved by the elected officials, or their designees, of the respective jurisdictions. 4.2 Operating Memoranda. It is recognized by the parties herein that a close degree of cooperation will be required so that management and operation of this service can be conducted in the best interest of the citizens of the parties. It is further realized that experience will indicate and demonstrate certain changes that will be required in the methods of management and operation and that a certain degree of flexibility may be required. To preserve such flexibility, certain items have been covered in this Agreement in general terms only with the understanding that the details shall be set forth in the "Operating Memoranda" or may be referred to in this Agreement as being subsequently set forth in "Operating Memoranda." Each and every "Operating Memorandum" shall be attached hereto as an addendum and become a part of this Agreement and may be changed or amended from time to time as necessary subject to the written approval requirements in Section 4.1 of this Agreement. 5 Insurance. Without either party limiting the other party's indemnification, each party shall provide and maintain at its own expense, during the term of this Agreement the following types of insurance coverage and provisions or proof of participation in any self - funded insurance program shall be acceptable (for jurisdictions which are self -insured) as follows: 5.1 Statutory Workers' Compensation and Employer's Liability Insurance 5.2 Commercial General Liability - for bodily injury (including death) and property damage 5.3 Comprehensive General Liability - for bodily injury (including death) 5.4 Waiver of Subrogation Endorsement 5.5 Medical Malpractice/Professional Liability 5.6 Automobile Liability 6 Indemnification 6.1 SAN DIEGO shall, to the full extent then permitted by law, indemnify, defend, protect, save and hold harmless NATIONAL CITY, its paramedic service contractor, other agents, officers, employees and assigns, from and against any and all liability, obligations, losses, fines, interest, penalties, claims and damages, injuries to any person or property whatsoever, regardless of the cause thereof, and all expenses incurred in connection therewith, including attorney's fees and costs of litigation (collectively, a "claim"), arising out of or in connection with the 3 performance of EMT-P services defined in this Agreement, provided, however that such indemnification shall not extend to those claims which are conclusively established to be based solely on the negligence or willful misconduct of NATIONAL CITY, its paramedic service contractor, other agents, officers or employees. 6.2 NATIONAL CITY shall, to the full extent then permitted by law, indemnify, defend, protect, save and hold harmless SAN DIEGO, its paramedic service contractor, other agents, officers, employees and assigns, from and against any and all liability, obligations, losses, fines, interest, penalties, claims and damages, injuries to any person or property whatsoever, regardless of the cause thereof, and all expenses incurred in connection therewith, including attorney's fees and costs of litigation (collectively, a "claim"), arising out of or in connection with the performance of EMT-P services defined in this Agreement, provided, however that such indemnification shall not extend to those claims which are conclusively established to be based solely on the negligence or willful misconduct of SAN DIEGO, its paramedic service contractor, other agents, officers or employees. 7 Term of Agreement. The term of this Agreement shall be from June 15, 2003, and will continue until terminated by either party. The parties shall review this Agreement every two years to ensure applicability to current conditions, policies and jurisdictional boundaries. 8 Notices. All notices, demands or other writings to be given, made or sent pursuant to this Agreement, or which may be given, made or sent by either of the parties to this Agreement to the other (other than routine correspondence between the parties), shall be deemed to have been fully given, made or sent when put in writing and delivered personally, or mailed by first class 'certified return receipt mail, addressed to the respective parties as follows: a) For SAN DIEGO: EMS Program Manager City of San Diego 1010 Second Avenue, Suite 400 San Diego, California 92101 b) For NATIONAL CITY: Fire Chief, Attention Donald Condon City of National City 333 East 16th Street National City, CA 91950 4 If mailed as described above, notice shall be deemed given, made or sent three (3) days after deposit in any government Post Office box, postage prepaid. The addresses set forth above for each of the parties may be changed by written notice given to the other party in accord with this paragraph. IN WITNESS WHEREOF, this EMT-P Services Agreement is entered into this of2003, by SAN DIEGO and NATIONAL CITY. IEGO By: ZZZe-cU Name: Patricia T. Frazier UU Title: Deputy City Manager NATIONAL CITY By: Name: NIL' ImZuta0. Title: Mp, vac - Pry day I HEREBY APPROVE the form and legality of the foregoing Agreement, this (g tLday of Susie, 2003. CASEY G , City Attorney By: w De . sty Attorney 5 MEETING DATE June 17, 2003 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 5 "ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN AGREEMENT FOR MUTUAL/AUTOMATIC AID FOR EMT -PARAMEDIC SERVICES BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF NATIONAL CITY PREPARED BY EXPLANATION Donald Condon, DEPARTMENT Acting Fire Chief (619/336-4550) Fire As a provider of EMT -Paramedic Services in the County of San Diego, jurisdictions are required to enter into paramedic mutual aid agreements with adjacent EMT -Paramedic Services jurisdictions. This requirement is placed on approved jurisdictions by the County's Emergency Medical Services Division, Policy P-801, through the individual agreements each jurisdiction holds with the County Emergency Medical Services Division. The City of San Diego has prepared a mutual aid agreement between the City of National City and the City of San Diego in an effort to bring mutual and automatic aid agreements up to date. The City of National City has held an Automatic Aid Agreement with the City of San Diego for fire responses since May 1981. The Agreement for Mutual/Automatic Aid for EMT -Paramedic Services will provide for emergency medical responses. Environmental Review X N/A Financial Statement There are no costs associated with this Agreement. Account No. STAFF RECOMMENDATION Approve the resolution authorizing the Agreement for Mutual/Automatic Aid for EMT -Paramedic Services with the City of San Diego. BOARD / COMMISSION RECOMMEND/ ION N/A ATTACHMENTS ( Listed Below ) 1. Agreement for Mutual/Automatic Aid for EMT -Paramedic Services with the City of San Diego. 2. Resolution authorizing agreement. Resolution No. 2003-77 A-200 (9/80) RESOLUTION 2003 — 77 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MUTUAL/AUTOMATIC AID AGREEMENT FOR EMT -PARAMEDIC SERVICES BETWEEN THE CITY OF NATIONAL CITY AND THE CITY OF SAN DIEGO WHEREAS, within each jurisdiction, there is a public health and safety need for emergency medical services. It is in the best interests of the community and the citizens of each jurisdiction that such emergency medical services be provided on a comprehensive basis, starting with care at the scene of an incident and continuing through stabilization and hospitalization of the patient; and WHEREAS, each jurisdiction has been designated by the County of San Diego as a designated Emergency Medical Technician -Paramedic (EMT-P) service provider under separate EMT-P Provider Agreements with the County of San Diego, EMS Division. These Agreements define the requirements of the State of California and County of San Diego to provide paramedic level medical care and transportation within their respective Exclusive Operating Areas (EOA), generally defined as the boundaries of the jurisdiction; and WHEREAS, County EMS Policy P-801 requires, among other things, that each designated EMT-P Service Provider shall "Enter into mutual aid agreements with adjoining EMT-P agencies whenever possible" and it is proposed that the City enter into such agreement with the City of San Diego. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Mutual/Automatic Aid Agreement for EMT -Paramedic Services with the City of San Diego. Said agreement is on file in the office of the City Clerk. ATTEST: PASSED and ADOPTED this 17' day of June, 2003. Nick Inzun, Mayor APPROVED AS TO FORM: Mic ael Dalla, C1 y Clerk George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on June 17, 2003, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK 1NZUNZA Mayor of the City of National City, California /✓ erk of the City City Wtional City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2003-77 of the City of National City, California, passed and adopted by the Council of said City on June 17, 2003. City Clerk of the City of National City, California By: Deputy City of National City Office of the City Clerk 1243 National City Boulevard, National City, California 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 June 25, 2003 EMS Program Manager City of San Diego 1010 Second Avenue Suite 400 San Diego CA 92101 Dear EMS Program Manager, On June 17, 2003, Resolution No. 2003-77 was passed and adopted by the City Council of the City of National City, authorizing the Mayor to execute a Mutual / Automatic Aid Agreement for EMT -Paramedic Services between the City of National City and the City of San Diego. We are forwarding a certified copy of the above Resolution and three original agreements. Please sign the agreements and return two executed original agreements to our office. Sincerely, Martha L Alvarez Deputy City Clerk /mla Enclosure cc: Fire File No. C2003-19 Recycled Paper