HomeMy WebLinkAbout2009 CON SD County, Health & Human Services, Public Health Services, Emergency Medical Services (EMS) - Dangerous Drugs & Devices - 1COUNTY OF SAN DIEGO, HHSA, PUBLIC HEALTII SERVICES,
EMERGENCY MEDICAL SERVICES BRANCII
MEMORANDUM OF AGREEMENT FOR
DANGEROUS DRUGS AND DEVICES
THIS MEMORANDUM OF' AGREEMENT is made between the COUNTY OF SAN DIEGO, hereinafter
referred to as COIJN'IY, and THE CITY OF NATIONAL CITY, hereinafter referred to as CITY, regarding the
procurement, transport, storage, distribution and administration of Dangous Drugs and Devices.
1, Administration of Agreement
Each party identifies the following individual to serve as the authorized administrative representative for
that party. Any party may change its administrativerepresentative by notifying the other party in writing of
such change. Any such change will become effective upon the receipt of such notice by the other party to
this MOA. All reports, letters, notices and/or other correspondence shall be sent to the attention of the
designated representatives at their respective addresses
City of National City
Walter Amedee, Management Analyst III
National City Fire Department
1200 National City Blvd.
National City, CA 91950
Phone: (619) 336-4556
Email: wamedee()nationalcityca.gov
2. Definition
Countv of San Diego
Rebecca Pate, EMS Coordinator
Emergency Medical Services
6255 Mission Gorge Road
San Diego, Ca 92120
Phone: (619) 285-6416
Fax: (619) 285-6531
Email: Rebecca.Patergiscicounty.ca.gov
Dangerous Drugs and Devices: Any drug or device unsafe for self -use (e.g., IV solutions and medications
carried on the Medical Intensive Care Unit Inventory), and any drugs or devices hearing the legend,
"Caution, federal law prohibits dispensing without prescriptions" or words of similar import.
3. Responsibilities of Parties
3.1 Responsibilities ofCOIJNTY:
3.1.1 To provide a policy for advanced life support agencies (Agencies) to procure, transport, store
and distribute medical supplies and pharmaceuticals identified in the Inventory (See attached
EMS Policy S-416 "Supply and Re -supply of Designated EMS Agencies and Vehicles").
3.1.2 I'o provide medical authorization consistent with County Policy firr the procurement of
Dangerous Drugs and Devices (see Attached EMS policy 5400).
3.2 Responsibilities ofCITY:
3 2.l Develop and implement policies consistent with Policy S416 that include the fitllowing:
3.2.1.1 Identification (by title) of individuals responsible for procurement and
distribution.
3.2.1.2 A determination of reasonable quantities of supplies and pharmaceuticals that
must be maintained to re -supply Agencies.
City of National City
Dangerous 1)ruas and Der ices \IOA
Page 1 of 6 April 2009
COUNTY OF SAN DIEGO, HHSA, PUBLIC HEALTII SERVICES,
EMERGENCY MEDICAL SERVICES BRANCII
MEMORANDUM OF AGREEMENT FOR
DANGEROUS DRI JiS AND DEVICES
3.2.1.3 Maintenance of copies of all drug orders, invoices, and logs associated with
Dangerous Drugs and Devices for a minimum of three (3) years.
3.2.1.4 Procedures for completing a monthly inventory of Dangerous Drugs and
Devices which include:
3.2.1.4.1 Ensuring medications are stored in original packaging
3.2.1.4.2 Checking medications for expiration dates, rotating supplies tier use
prior to expiration, and exchanging current medications
3.2.1.4.3 Properly disposing of expired medications that cannot be exchanged
3.2.1.4.4 Distributing of Dangerous Drugs and Devices to Agency
3.2.1.4.5 Returning medications to pharmaceutical distributor if notified of a
recall.
3.2.1.5 Storage of drugs (other than those carried on a vehicle) compliant with the
following:
3.2.1.5.1 Drugs must be stored in a locked cabinet or storage area.
3.2.1.5.? Drugs may not be stored on the floor (storage of drugs on pallets is
acceptable).
3.2.1.5.3 Antiseptics and disinfectants must be stored separately from internal
and injectable medications.
3.2.1.5.4 Flammable substances(e.g.. alcohol) must be stored in a metal cabinet,
in accordance with local fire codes.
3.2.2 Develop, implement and maintain a quality assurance and improvement program that
includes a written plan describing the program objectives, organization, scope, and
mechanisms for overseeing the procurement, transport, storage, distribution and
administration of Dangerous Drugsand Devices.
4. Term
4.1 This Memorandum of Agreement shall be effective upon signature and will remain in effect until
terminated pursuant to 4.2.
4.2 Termination of Agreement: Either party may terminate this Agreement uporl5 days written
notice to the other party
5. Notice
Notice Pursuant to this Memorandum of Agreement: Any notice or notices required or permitted to be
given pursuant to this Memorandum of Agreement may be personally served on the other party by the party
City of National City
Dangerous (hugs and Devices moA
Page 2 of 6 April 2009
COUNTY OF SAN DIEGO, HHSA, PUBLIC HEALTi I SERVICES,
EMERGENCY MEDICAI, SERVICES BRANCII
MEMORANDUM OF AGREEMENT FOR
DANGERO11S DRUGS AND DEVICES
Riving such notice, or may be served by certified mail or registered mail, to the administrators cited in
Paragraph 1.
6. Maintenance of Records
Copies of all drug orders, invoices, and logs associated with this contract shall be maintained by CITY and
available tirr audits for a minimum of three (3)years.
7. Insurance Requirements
7.1 Without lirnitingCiTY'S indemnification obligations to COUNTY, CITY shallprovide at its sole
expense and maintain for the duration of this agreement, or as may be further required herein,
insurance against claims for injrries to persons ordamages to property which may arise from or in
connection with the performance of the work hereunder and the results of the work by the CITY, and
its agents, representatives, employees or subcontractors
7.2 Minimum Scope of insurance: Coverage shall be at least as broad as:
7.2.1 Commercial General Liabi I ity, Occurrence form, Insurance Services Office tbrm CG0001.
7.2.2 Automobile Liability covering all owned, non owned, hired auto insurance Services Office
form CA0001.
7.2.3 Workers' Compensation, as required by State of California and Employer's Liability.
Insurance.
7.2.4 Professional Liability required ifCITY provides orengages any type ofprofessional services
including but not limited to medical professionals, counseling services, or legal services.
7.3 Minimum Limits of Insurance: CITY shall maintain limits no Tess than:
7.3.1 Commercial General Liability. including Premises, Operations, Products and Completed
Operations, Contractual Liability, and Independent Contractors Liability: $1,000,000 per
occurrence for bodily injury, personal injury and property damage. The General Aggregate
limit shall be $2,000,000.
7.3.2 Automobile Liability: S1,000.000 each accident for bodily injury and property damage.
7.3.3 Employer's Liability: $1,000,000 each accident for bodily injury or disease. Coverage shall
include waiver of subrogation endorsement in favor of County of San Diego.
7.3.4 Professional Liability: S1.000,000 per claim with an aggregate limit of not less than
$2,000,000. Any self -retained limit shall not be greater than $25,000 per occurrence/event
without COUNiY'S Risk Manager's approval.
7.3.5 Coverage shall include contractual liability coverage. If policy contains one or more
aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all
times; if over 50% of any such aggregate limit has been paid or reserved. COUNTY will
require additional coverage to be purchased by CiTY to restore the required limits. This
City of National City
Dangerous Drugs and Devices !vIOA
Pape 3 of ti April 2009
COUNTY OF SAN I)11-;GO. HHSA, PUBLIC HEALTH SERVICES,
EMERGENCY MEDICAL SERVICES BRANCH
MEMORANDUM OF AGREEMENT FOR
DANGEROUS DRUGS AND DEVICES
coverage shall he maintained for a minimum of two years following termination of
completion ofCl IY'S work pursuant to the Agreement.
7.4 Deductibles and Self -Insured Retentions: Any deductible or self -insured retention must be declared
to and approved by theCOIJNI'Y'S Risk Manager. At the option of COUNTY, either: the insurer
shall reduce or eliminate melt deductibles or selfinsured retentions as respects the COUNTY, the
members of the Board of Supervisors of the County and the officers, agents, employees and
volunteers; or the CITY shall provide a financial guarantee satisfactory to the COUNTY
guaranteeing payment of losses and related investigations, claim administration, and defense
expenses.
7.5 General Provisions
7.5.1 Qualifying Insurers: All required policies of insurance shall be issued by companies which
have been approved to do business in the State of California by the State Department of
Insurance. and which hold a current policy holder's alphabetic and financial size category
rating of not Tess than A-, VII according to the current Best's Key Rating guide, or a
company of equal financial stability that is approved in writing by County's Risk Manager.
7.5.2 Evidence of Insurance: Prior to commencementof this Agreement, but in no event later than
the effective date of the Agreement, CITY shall furnish the COUNTY with certificates of
insurance and amendatory endorsements effecting coverage required by this clause. CITY
shall furnish certified copies of the actual required insurance policies within thirty days after
commencement of Agreement. Thereafter, copies of renewal 1)01icics, certificate and
amendatory endorsements shall be furnished to COUNTY within thirty days of the expiration
of the term of any required policy. CiTY shall permit COUNTY at all reasonable times to
inspect any policies of'insurance whichClTY has not delivered to County.
7.5.3 Failure to Obtain or Maintain Insurance; COUNTY'S Remedies: CITY'S failure to provide
insurance specified or failure to furnish certificatesof insurance, amendatory endorsements
and certified copies of policies, or failure to make premium payments required by such
insurance, shall constitute a material breach of the Agreement. and COUNTY may, at its
option, terminate the Agreement tor any such default hyCIIY.
7.5.4 No I.irnitation of Obligations: The foregoing insurance requirements as to the types and
limits of insurance coverage to be maintained by CiTY, and any approval of said insurance
by the COUNTY are not intended to and shall not in any manner limit or qualify the
liabilitiesand obligations otherwise assumed by CiTY pursuant to the Agreement, including,
but not limited to the provisions concerning indemnification.
7.5.5 Review of Coverage: COUNTY retains the right at any time to review the coverage, form
and amount of insurance required herein and may require CiTY to obtain insurance
reasonably sufficient in coverage, form andamount to provide adequate protection against
the kind and extent of risk which exists at the time a change in insurance is required.
7.5.E SelfInsurance: CITY may, with the prior written consent of COUNTY'S Risk Manager,
fulfill some or all of the insurance requirements contained in this Agreement under a plan of
self-insurance. CITY shall only be permitted to utilize such self-insurance if in the opinion of
City of National ('itv
Dangerous Drugs and De ices h1UA
Page 4 of 6 April 2009
COUNTY OF' SAN DIEGO, HHSA, PUBLIC IIEALTH SERVICES,
EMERGENCY MEDICAL SERVICES BRANCH
MEMORANDUM OF AGREEMENT FOR
DANGEROUS DRUGS AND DEVICES
COI: NIY'S Risk Manager, CITY'S (i) net worth, and (ii) reserves for payment of claims of
Ilability against CITY, are sufficient to adequately compensate for the lack of other insurance
coverage required by thisAgreement. CITY'S utilization of self-insurance shall not in any
way Iimit liabilities assumed b)CITY under the Agreement.
7.5.7 Claims Made Coverage: Ifcoverage is written on a "claims made" basis, the Certificate of
Insurance shall clearly so state. In addition to the coverage requirements specified above,
such policy shall provide that:
7.5.7.1 The policy retroactivedate coincides with or precedes CITY'S commencement or
work under the Agreement( including subsequent policies purchased as renewals or
replacements).
7.5.7.2 CITY shall make every effort to maintain similar insurance during the required
extended period of coverage following expiration of the Agreement, including the
requirement of adding all additionalinsured.
7.5.7.3 If insurance is terminated for any reason, CITY shall purchase an extended
reporting provision of at least two years to report claims arising in connection with
the Agreement.
7.5.7.4 The policy allows for reporting of circumstancesor incidents that might give rise to
future claims.
7.5.8 Subcontractors' Insurance: CITY shall require that any and all Subcontractors hired by CITY
are insured in accordance with this Agreement. If any Subcontractors coverage does not
comply with the foregoing provisions. CITY shall defend and indemnify the COUNTY from
any damage, loss, cost or expense, including attorney fees, incurred by COUNTY as a result
of Subcontractors failure to maintain required coverage.
7.5.9 Waiver of Subrogation: CITY and COUNTY release each other, and their respective
authorized representatives, from any Claims (as defined in the Article entitled "indemnity" of
the Agreement), but only to the extent that the proceeds received from any policy of
insurance carried by COUNTY or CITY, other than any self-insurance, covers any such
Claim or damage. Included in any policy or policies of insurance provided by CITY
hereunder shall he a standard waiver of rights of Subrogation against COUNTY by the
insurance company issung said policy or policies.
8. Indemnity
8.1 Agency agrees to defend, indemnify, protect and hold COUNTY and its agents, officers and
employees harmless from and against any and all claims asserted or Iiahi I ity established for damages
or injuries to an person or property, including injury to Agency employees, agents or officers, which
arise from or are connected with or are caused or claimed to he caused by the acts or omissions of
COUNTY and its agents, officers or employees, in perfonningthe work or services herein, and all
expenses of investigating and defending against same; provided, however, that CITY'S duty to
indemnify and hold harm less shall not include any claims or liability arising from the established sole
City of National City
Dangerous Drugs and Devices h1OA
Page 5 of 6 April 2009
By:
COUNTY OF SAN DIEGO, HHSA, PUBLIC IlEALTH SERVICES,
EMERGENCY MEDICAL SERVICES BRANCH
MEMORANDUM OF AGREEMENT FOR
DANGEROUS DRUGS AND DEVICES
negligence or willful misconduct of COUNTYits agents, officers or employees
City of National City
on Morrison. Mayor
City of National City.
By:
Dated: July 7, 2009 Dated:
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
City of National City
Dangerous Drugs and Devices h1OA
Cou tv of San Dicgo
/7
(L,
Nick M'a chione, MS, MPl1, FACHE
Director, Health & Iluman S.rvices Agency
mi ,I (/
l
APPROVED AS TO FORM AND LEGALITY
COUNTY COUNSEL.
Page 6 of 6 Apnl 2009
RESOLUTION NO. 2009 — 171
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE
A MEMORANDUM OF AGREEMENT BETWEEN
THE COUNTY OF SAN DIEGO, HEALTH AND HUMAN
SERVICES AGENCY, PUBLIC HEALTH SERVICES, EMERGENCY
MEDICAL SERVICES, AND THE CITY OF NATIONAL CITY FOR
THE PROCUREMENT, TRANSPORT, STORAGE, DISTRIBUTION,
AND ADMINISTRATION OF DANGEROUS DRUGS AND DEVICES
WHEREAS, the proposed Memorandum of Agreement between the City and San
Diego County, Health and Human Services Agency, Public Health Services, Emergency
Medical Services ("County") provides a policy for agencies to procure, store, and distribute
medical supplies and pharmaceuticals, and medical authorization consistent with the San Diego
County Policy for the procurement of dangerous drugs and devices.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City that the Mayor is hereby authorized to execute a Memorandum of Agreement with
the County of San Diego, Health and Human Services Agency, Public Health Services,
Emergency Medical Services for the procurement, transport, storage, distribution, and
administration of dangerous drugs and devices. Said Memorandum of Agreement is on file in
the office of the City Clerk.
PASSED and ADOPTED this 7th day of July, 2009.
Ron Morrison, Mayor
ATTEST:
!,atfAil
Mic ael R. Dalla, ity Clerk
APPROVED AS TO FORM:
_,),_,7)_,,,,.,
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, Califomia, on July 7,
2009 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City C rk of the City of Nonal City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2009-171 of the City of National City, California, passed and
adopted by the Council of said City on July 7, 2009.
City Clerk of the City of National City, California
By:
Deputy
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE July 7, 2009
AGENDA ITEM NO.
6
ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE
MAYOR TO SIGN A MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE COUNTY OF SAN DIEGO,
HEALTH AND HUMAN SERVICES AGENCY, PUBLIC HEALTH SERVICES. EMERGENCY MEDICAL SERVICES
(EMS) AND THE CITY OF NATIONAL CITY FOR THE PROCUREMENT, TRANSPORT, STORAGE,
DISTRIBUTION AND ADMINISTRATION OF DANGEROUS DRUGS AND DEVICES.
PREPARED BY Walter Amedee. 00- DEPARTMENT Tre-
Homeland Security Manager
EXPLANATION This Memorandum of Agreement (MOA) was previously approved at the February 17,
2009, City Council Meeting with Resolution # 2009-32. The County has subsequently made several
revisions to include:
• Page 1, 1' paragraph - removed section title Purpose
• Header, Footer, Formatting and numbering changed throughout document
• Page 1 Section 1 - County Representative changed to Rebecca Pate.
• Page 2, Section 4 - Added section 4.2 regarding notice of termination
• Page 2, Section 5 - Memorandum of Agreement is spelled out
This MOA provides a policy and medical authorization for the National City Fire Department to procure,
store and distribute medical supplies, and pharmaceuticals.
Environmental Review Ni N/A
Financial Statement
No negative impact.
Approved By:
Finance Direct
Account No.
STAFF RECOMMENDATION
Staff recommends the City Council authorize the Mayor to sign the Memorandum of Agreement between
the County and the City for the procurement, transport, storage, distribution and administration of
dangerous drugs and devices.
BOARD / COMMISSION RECOMMENDATION
ATTACHMENTS ( Listed Below) Resolution No.
MOA between the County of San Diego and the City of National City - Dangerous Drugs and Devices
Resolution
A-200 , 9199:
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
July 15, 2009
Ms. Rebecca Pate
County of San Diego
Emergency Medical Services
6255 Mission Gorge Road
San Diego, CA 92120
Dear Ms. Pate,
On July 7th, 2009, Resolution No. 2009-171 was passed and adopted by the City
Council of the City of National City, authorizing execution of a Memorandum of
Agreement with the County of San Diego, Health and Human Services Agency,
Public Health Services, and Emergency Medical Services.
We are forwarding a certified copy of the above Resolution and two partially
executed original agreements. Please return one fully executed original
agreement to us for our files.
Sincerely,
Michael R. Dalla, CMC
City Clerk
Enclosures
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