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HomeMy WebLinkAbout2005 CON San Diego County Dept. of Health - First ResponderNOTE TO FILE NO ORIGINAL SIGNED ✓ AGREEMENT/ CONTRACT CHANGE ORDER WAS PROVIDED TO THE CITY CLERK'S OFFICE FOR THIS ITEM. COUNTY OF SAN DIEGO, DEPARTMENT OF HEALTH SERVICES EMERGENCY MEDICAL SERVICES ALS FIRST RESPONDER SERVICES AGREEMENT AGREEMENT ALS FIRST RESPONDER SERVICES THIS AGREEMENT is made between the COUNTY OF SAN DIEGO, hereinafter referred to as COUNTY, and the CITY OF NATIONAL CITY, hereinafter referred to as CITY, to provide ALS First Responder Services. WITNESSETH WHEREAS CITY 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 Division 2.5, Chapter 4, Section 1797.201 of the California Health and Safety Code, 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 CITY have executed this AGREEMENT to be effective CITY: COUNTY: BY: NAME: Nick Inzunza TITLE: Mayor DATE: Sept. 6, 2005 BY: NAME: TITLE: Director, Health and Human Services Agency DATE: Paramedic First Responder Agreement with San Diego County 1 COUNTY OF SAN DIEGO, DEPARTMENT OF HEALTH SERVICES EMERGENCY MEDICAL SERVICES ALS FIRST RESPONDER SERVICES AGREEMENT 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. City's Fire Chief shall represent the City and shall administer this Agreement in accordance with its terms and conditions on behalf of the City. 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 shall be from and will continue indefinitely until terminated pursuant to Section 6 hereof. 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 ALS training program(s) in the County of San Diego pursuant to the California Code of Regulations, Title 22, Division 9, Chapter 4. b. Standards for certification/accreditation/authorization of paramedics, and Mobile Intensive Care Nurses (MICNs) pursuant to California Code of Regulations, Title 22, Division 9. c. Contracts with designated base hospitals to provide immediate medical direction and supervision of the advance life support (ALS) system for the area defined by the local EMS agency. For the purpose of this Agreement, the area defined is the geographic area within the City. 2. To provide prehospital report forms or the framework for an electronic data collection system in accordance with California Code of Regulations, Title 22, Division 9, Chapter 4. 3. To review this Agreement every two years to ensure compliance with applicable standards, regulations, policies, procedures and protocols. B. Responsibilities of City To provide ALS first responder (non -transporting) services within the boundaries of its local jurisdiction, and within adjoining areas as specified by Agreements with adjoining ALS service providers. This agreement does not authorize the implementation of an ALS transport service. Paramedic First Responder Agreement with San Diego County 2 COUNTY OF SAN DIEGO, DEPARTMENT OF HEALTH SERVICES EMERGENCY MEDICAL SERVICES ALS FIRST RESPONDER SERVICES AGREEMENT 2. To participate in the Advanced Life Support (ALS) program consistent with the applicable provisions of Title 22 of the California Code of Regulations, Division 9, Chapters 2 and 4 within the limitations of the ALS first responder role. 3. To develop and operate ALS first responder services consistent with the California Health and Safety Code and the California Code of Regulations, Title 22, Division 9, Chapters 2 and 4. The City may subcontract all or a portion of these services. However, the City is responsible for insuring that any and all subcontractors provide services consistent with the Health & Safety Code, the California Code of Regulations, Title 22, Division 9, Chapter 4's applicable provisions, and all San Diego County EMS policies, protocols and procedures. 4. To implement an ALS first responder deployment plan that includes at least one fully equipped, supplied and staffed ALS first responder unit seven days a week; twenty four hours a day, in accordance with the policies, procedures and protocols established by San Diego County. It is recognized that special circumstances or emergencies may necessitate a temporary interruption in the seven day / 24 hour plan. S. To staff each ALS first responding unit with at least one (1) Paramedic and one (1) EMT-B at all times, or with an alternate staffing configuration agreed upon between City and County. For the purpose of this Agreement, Paramedics are individuals licensed in the State of California as an ALS, and accredited by the San Diego County Emergency Medical Services Medical Director to operate as an ALS in San Diego County, pursuant to Section 1797 et seq. of the Health and Safety Code. EMT-B's are those individuals certified within the State of California to operate as an EMT-B pursuant to Section 1797 et seq. of the Health and Safety Code. 6. To provide the citizens of the local jurisdiction with information on 9-1-1 system and where and how to obtain cardiopulmonary resuscitation (CPR) training. 7. To provide suitable facilities for housing the AI.S first responder units. 8. To cooperate with the approved ALS training programs in providing field internship locations for ALS interns. 9. 'l'o immediately notify the County's Administrator, or designee, whenever any condition exists which adversely affects the local jurisdiction's ability to meet the conditions of this Agreement. 10. To appoint an Agency ALS Coordinator, to serve as liaison between the agency, the associated ALS transporting agency, the County, , base hospitals, receiving hospitals, BLS provider agencies and public safety agencies operating within the service area. Paramedic First Responder Agreement with San Diego County 3 COUNTY OF SAN DIEGO, DEPARTMENT OF IIEALTH SERVICES EMERGENCY MEDICAL SERVICES ALS FIRST RESPONDER SERVICES AGREEMENT 11. To participate and collaborate in the development of continuing education activities designed to integrate the care delivered between ALS first responders and transporting agencies. 12. To provide for a planned maximum ALS first responder response time of 8 minutes zero seconds, 90% of the time. 13. To implement staffing patterns for Paramedics that do not routinely require them to work scheduled shifts for greater than 48 hours within a 60 hour period. 14. To participate in local emergency medical services planning activities, including disaster management. 15. To implement and maintain a continuous quality improvement (CQI) program that interfaces with the local EMS agency's system -wide CQI program, which includes cooperation with the base hospitals' CQI process, the associated ALS transporting agency's CQI process, and is approved by the local EMS agency. This program will focus on, among other things, integration of care between various phases of prehospital care and skills retention issues for ALS first responders. 16. To fully participate in the County's electronic patient date collection system (the Quality Assurance Network — QA Net). 17. To advise the County's Administrator in writing of planned minor changes in the City's status plan at least thirty (30) days in advance of the implementation of those changes. City shall convey to the County any proposed major changes, in writing, at lease ninety (90) days in advance of the proposed implementation to allow for County review. City shall secure County approval of any major system status plan changes prior to implementation. 18. 1'o provide, quarterly, a response time compliance report summary. This report shall include, at a minimum, a summary of total calls dispatched, total number of completed responses, total transports, and a breakdown of responses by response time demonstrating compliance with section 3.B.12 of this document. 19. To take immediate corrective action where there is a failure to meet "Responsibilities of the City". 4. City shall adopt City's own standards for the purposes of paragraph 3.B. above and shall monitor its ALS Service Provider's compliance with them. Paramedic First Responder Agreement with San Diego County 4 COUNTY OF SAN DIEGO, DEPARTMENT OF HEALTII SERVICES EMERGENCY MEDICAL SERVICES ALS FIRST RESPONDER SERVICES AGREEMENT 5. Notice A. Notice 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 he served by certified mail or registered mail, to the officials cites in paragraph one (1). B. Notice of Delay -- City 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 City. 6. Amendments, Operating Memoranda and Termination A. Amendments — County or City may request written amendment to this Agreement. Such amendments, as agreed upon in writing, by and between County's Director, Health & Human Services Agency and City are not in force until approved by the Director, County Health and Human Services Agency and the CIty. 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 City of such termination and the reasons and specifying the effective date 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. D. 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 interests of the citizens of City, and the parties contracting hereto. 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 he set forth in "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 approval of the Director, County Health and Human Services Agency and City. 7. Independent Contractor It is agreed that City shall perform as an independent contractor under this Agreement. City is for all purposes arising out of this Agreement, an independent contractor, and shall not be deemed an employee officer, or agent of County. It is expressly understood and agreed that City shall in no event be entitled to any benefits to which County employees are entitled, including, but not limited to, overtime, any retirement benefit, workers' compensation benefits, and leave benefits. Paramedic First Responder Agreement with San Diego County 5 COUNTY OF SAN DIEGO, DEPARTMENT OF HEALTII SERVICES EMERGENCY MEDICAL SERVICES ALS FIRST RESPONDER SERVICES AGREEMENT 8. Subcontracts of City All subcontracts for ALS services entered into by City shall be in writing and the subcontractor shall deliver such services in accordance with Title 22 of the California Code of Regulations, Division 9, Chapter 4. A copy of any such subcontract shall be provided to County. No such subcontract shall act to terminate any legal responsibility of City to County to assure complete performance of all activities and functions required of City under this Agreement. 9. Confidentiality City shall maintain the confidentiality of its records, including billings, in accordance with all applicable State and Federal laws relating to confidentiality. City 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. 10. Maintenance of Records All administrative records under this Agreement shall be maintained by the City for a minimum of five (5) years after termination date. County, at its option, may take custody of a copy of City's non -patient administrative records related to this Agreement upon contract termination. All continuous quality improvement (CQI) and medical control records under this Agreement shall be maintained by the City for a minimum of three (3) years. County, at its option, may make a copy, at County expense, of City's COT and medical control records. 1 I . Fiscal and Performance Audits, and Inspection of Records Authorized Federal, State or County representatives shall have the right to monitor, assess and evaluate City's performance pursuant to this Agreement. Said monitoring, assessments and evaluations to include but not be limited to audits, inspection of premises, reports (excluding personnel records and reports), patient records and interviews of staff in matters dealing with issues covered by this Agreement. At any time during normal business hours and as often as County deems necessary, City shall make available to County, State and Federal officials for examination, all its records with respect to 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. It is understood that County shall coordinate all such audits and inspections through the City's designee. l'aramedic First Responder Agreement with San Diego County 6 COUNTY OF SAN DIEGO, DEPARTMENT OF HEALTII SERVICES EMERGENCY MEDICAL SERVICES ALS FIRST RESPONDER SERVICES AGREEMENT 12. Hold harmless City agrees that its performance under this Agreement is at its own risk and that it shall indemnify the County, its agents and employees against and hold 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 the City's negligence, wrongful performance or failure to perform fully under this agreement provided, however, that City's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the County, its agents, officers or employees. County shall defend, indemnify and hold harmless City, its officers, agents, physicians, students or employees harmless 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 of County, its officers, agents or employees. However, County's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of City, its agents, officers or employees. 13. Drug and Alcohol -Free Work Place County and City agree to the mutual objective of a safe, healthful and productive work place and the prohibition of drugs or alcohol use or impairment from same while performing ALS services. Both agencies and their subcontractors have and shall maintain policies and procedures to ensure a drug and alcohol -free work place and services within their organizations. 14. AIDS Discrimination City shall not deny any person the full and equal enjoyment or, or impose less advantageous terms, or restrict the availability of, the use of any County facility or participation in any County funded or supported service or program on the grounds that such person has Acquired Immune Deficiency Syndrome (AIDS), AIDS -related complex (ARC) or AIDS -related status (ARS), as those terms are defined in Chapter 1, Section 32.1203, San Diego Code of Regulatory Ordinance, a copy of which can be obtained from the Clerk of the Board of Supervisors, 1600 Pacific Highway, San Diego, CA 92101. 15. Americans with Disabilities City shall comply with the Americans with Disabilities Act of 1990, pertaining to discrimination against qualified people with disabilities in employment, public services, transportation, public accommodations, and telecommunications services. 16. Religious Activity Prohibited There shall he no religious worship, instructions or proselytization as part of or in connection with the performance of this Agreement. Paramedic First Responder Agreement with San Diego County 7 COUNTY OF SAN DIEGO, DEPARTMENT OF IIEALTH SERVICES EMERGENCY MEDICAL SERVICES AIS FIRST RESPONDER SERVICES AGREEMENT 17. Zero Tolerance in Coaching Undocumented Immigrants The County of San Diego, in recognition of it's unique geographical location, and the utilization of Welfare and Medi-Cal system by foreign nationals who are not legal residents of this County or Country, has adopted a Zero Tolerance policy and shall aggressively prosecute employees and contractors who coach undocumented immigrants. A. As a material condition of this Agreement, the City agrees that the City and the City's employees, while performing service for the County, on County property, or while using County equipment: 1. Shall not in any way coach, instruct, advise, or guide any Medi-Cal or Welfare clients or prospective clients who are undocumented immigrants on ways to obtain or quality for Medi-Cal assistance. 2. Shall not support or provide funds to any organization engaged directly or indirectly in advising undocumented immigrants on ways to obtain or qualify for Medi-Cal assistance. a. The City shall inform all employees that are performing service for the County on County property or using County equipment, of the County's Zero Tolerance policy. h. The County may Terminate for Default or Breach this Agreement and any other Agreement the City has with the County, if the City, or City's employees are determined by the Contracting Officer not to be in compliance with conditions listed herein. 18. Zero Tolerance for Fraudulent Conduct in County Services A. Conduct of City shall comply with Board of Supervisor's Policy A -I 20-Zero Tolerance for Fraudulent Conduct in County Services. Copy of policy is available from the Clerk of the Board of Supervisors, 1600 Pacific Highway, San Diego, CA 92101. I. The City shall inform the County of all the City's interests, if any, which are or which the City believes to be incompatible with any interests of the County. 2. The City shall not, under circumstances which might reasonable he interpreted as an attempt to influence the recipient in the conduct of his duties, accept any gratuity or special favor from individuals or organizations with whom the City is doing business or proposing to do business, in accomplishing the work under the contract. Paramedic First Responder Agreement with San Diego County 8 COUNTY OF SAN DIEGO, DEPARTMENT OF HEALTH SERVICES EMERGENCY MEDICAL SERVICES ALS FIRST RESPONDER SERVICES AGREEMENT 3. The City shall not use for personal gain or make other improper use of privileged information, which is acquired in connection with his employment. In this connection, the term "privileged information" includes, but is not limited to, unpublished information relating to technological and scientific development; medical, personnel, or security records of individuals; anticipated material requirements or pricing actions; and knowledge of selections of contractors or subcontractors in advance of official announcements. 4. The City or employees thereof, shall not over directly or indirectly gifts, gratuity, favors, entertainment, travel, or other item of monetary value to an employee of the County. 5. City may be suspended from doing business with the County upon adequate evidence that the City has been convicted of any of the offenses listed in Board of Supervisor's Policy A-120. 19. Area To Be Served The area is defined as the geographic area within the City as well as any other geographic area(s) designated by mutual agreement between City and County. Paramedic First Responder Agreement with San Diego County 9 RESOLUTION NO. 2005 — 200 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE COUNTY OF SAN DIEGO DEPARTMENT OF HEALTH SERVICES, EMERGENCY MEDICAL SERVICES FOR ADVANCE LIFE SUPPORT FIRST RESPONDER SERVICES TO BE ESTABLISHED, OPERATED AND MAINTAINED BY THE NATIONAL CITY FIRE DEPARTMENT WHEREAS, on February 6, 1981, the San Diego County Board of Supervisors designated the Department of Health Services as their local Emergency Medical Services (EMS) Agency; and WHEREAS, by adoption of San Diego County Policy K-1797.200 and 1797.201, the Office of Emergency Medial Services was given the primary responsibility for the overall administration of emergency medical systems in the County, including the designation of paramedic services; and WHEREAS, National City has contracted with the San Diego County for paramedic services since October 1983; to provide advance life support to the citizens of National City; and WHEREAS, to provide a higher level of emergency medical care to the citizens, visitors and personnel of the City, the Fire Department desires to establish, maintain and operate a paramedic program in National City; and WHEREAS, pursuant to Health and Safety Code, Division 2.5, Chapter 4, Section 1797.201, it is required to enter into a contract with the County of San Diego, Department of Health Services Office of Emergency Medial Services for advanced life support services to be established, operated and maintained by the National City Fire Department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an agreement between the City and the County of San Diego Department of Health Services, Emergency Medical Services for advanced first responder services to be established, operated and maintained by the National City Fire Department. Said Agreement is on file in the office of the City Clerk. ATTEST: /J Mic ael R. Della, PASSED and ADOPTED this 6th day of September ty Clerk 005. Nick n "'- M: or APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on September 6, 2005, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California City Cle k of the City of atonal City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2005-200 of the City of National City, California, passed and adopted by the Council of said City on September 6, 2005. City Clerk of the City of National City, California By: Deputy Ca-�2 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 09/06/05 AGENDA ITEM NO. 24 ITEM TITLE A Resolution of the City Council of the City of National City Authorizing an Agreement Between the City of National City and the County of San Diego, Department of Health Services, Emergency Medical Services for ALS First Responder Services PREPARED BY DEPARTMENT Donald Condon, EXPLANATION Battalion Chief (336-4550) Fire On February 6, 1981, the County Board of Supervisors designated the Department of Health Services as their local Emergency Medical Services (EMS) Agency. With that designation and the subsequent adoption of County Policy K- 12, as well as the requirements established by the Health and Safety Code Chapter 1260, Division 2.5, and Sections 1797.200 and 1797.201, the office of Emergency Medical Services was given the primary responsibility for the overall administration of emergency medical systems in the County, including the designation of paramedic services. National City has contracted with San Diego County for Paramedic services since October 1, 1983 to provide advanced life support to the citizens of National City. '1'o provide a higher level of emergency medical care to the citizens, visitors and personnel of the City of National City, the Fire Department has recommended that a paramedic program operated by the Fire Department be implemented. To accomplish this task, the City of National City, per California Health and Safety Code, Division 2.5, Chapter 4, Section 1797.201, is required to enter into a contract with the County of San Diego, Department of Health Services for advanced life support services. The attached agreement has been reviewed and approved by National City City Attorney, George Eiser. Environmental Review Financial Statement N/A X N/A Account No. STAFF RECOMMENDATION City Council by resolution authorize the execution of the Agreement with the County of San Diego, Department of Health Services, Emergency Medical Services for AI S First Reponder Services. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Agreement. 2. Resolution. G boo, -y3 Resolution No. (>20037"�00 A-2()0 (9'80)