HomeMy WebLinkAbout2019 CON American Medical Response - Amendment #5FIFTH AMENDMENT TO THE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
AMERICAN MEDICAL RESPONSE AMBULANCE SERVICE, INC.
This Fifth Amendment to the Agreement By and Between the City of National
City and American Medical Response Ambulance Service, Inc. ("Fifth Amendment") is
entered into this 18th day of June, 2019, by and between the City of National City ("CITY")
and American Medical Response Ambulance Service, Inc., ("AMR").
RECITALS
WHEREAS, on June 20, 2006, CITY and AMR entered into an agreement
entitled "Agreement by and between the City of National City and American
Medical Response Ambulance Service, Inc." ("Agreement"); and
B. WHEREAS, on November 23, 2010, CITY and AMR exercised the option to
extend the term of the Agreement for two years, following expiration on June
30, 2011; and
C. WHEREAS, on June 18, 2013, CITY and AMR exercised the option to
extend the term of the Agreement for two years, following expiration on June
30, 2013; and
D. WHEREAS, on June 16, 2015, CITY and AMR exercised the option to
extend the term of the Agreement for two years, following expiration on June
30, 2015; and
E. WHEREAS, due to the uncertainty of control over the EMS RFP process, the
CITY and AMR decided to extend the term of the Agreement for two years,
following the expiration on June 30, 2017; and
F WHEREAS, the CITY explores the ability to regain local control of the EMS
RFP process; and
G. WHEREAS, the CITY and AMR desire to amend the Agreement by amending
Section II, Subsection A.11(d); Section IV, Subsection B.1; and Section VI,
Subsection E.1; and
H. WHEREAS, since County EMS has paused the EMS RFP development, the
CITY and AMR desire to extend the term of the Agreement for two years,
following the expiration on June 30, 2019, as provided for in amended Section
VI, Subsection E.1; and
I. WHEREAS, AMR has met all of the eligibility requirements for an extension of
the Agreement as set forth in Section VI, Subsection E.1
2019 Fifth Amendment to Agreement
1
City of National City and AMR
NOW, THEREFORE, in consideration of the mutual benefit to be derived
therefrom, CITY and AMR agree as follows:
1. Section VI, Subsection E.1 is amended with the term of the Agreement
being extended for an additional two years from the time the current
Agreement expires on June 30, 2019 to June 30, 2021.
2. Section II, Subsection A.11(d) is amended by modifying the Franchise
Fee Payments as follows:
Franchise Fees
Actual Estimate Estimate
FY 2018-19 FY 2019-20 FY 2020-21
$318,023 $318,023 $318,023
3. Section IV, Subsection B.1 is amended by replacing Subsection B.1
with the following:
B.1. Effective July 1, 2019, the Ambulance Service Base
Rate for Advanced Life Support will be $2, 566.73.
4. The parties further agree that with the foregoing exceptions, each and
every term and provision of the Agreement by and between the CITY
and AMR, dated June 20, 2006, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Fifth Amendment to
be executed the day and year first herein set forth.
CITY OF NATIONAL CITYERICAN MEDICAL RESPONSE
AMBULANCE SERVICE, INC.
By:
By:
Alejandra Sotelo�blis, Mayor Tom Wagner, C
AMR Regional Operations
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
By:
NI ole Pedone
Senior Assistant City Attorney
2019 Fifth Amendment to Agreement
2
City of National City and AMR
RESOLUTION NO. 2019 - 102
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING
AND AUTHORIZING THE MAYOR TO EXECUTE THE FIFTH AMENDMENT TO THE
AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND AMERICAN MEDICAL
RESPONSE AMBULANCE SERVICE, INC. TO CONTINUE TO PROVIDE BASIC AND
ADVANCED LIFE SUPPORT AMBULANCE TRANSPORTATION SERVICES EFFECTIVE
JULY 1, 2019 THROUGH JUNE 30, 2021
WHEREAS, the City's ambulance services contract with American Medical
Response Ambulance Services, Inc. (AMR) was approved by the City Council on June
20, 2006; and
WHEREAS, AMR, at no direct cost to the City, has been providing basic
and advanced life support ambulance transportation services to the City since October 1,
1983; and
WHEREAS, AMR pays the City a Franchise Fee on a monthly basis and
the amount of such fee is determined solely and at the discretion of the City and the
purpose of the fee is to offset the City's costs for activities associated with providing and
maintaining programs associated with emergency medical services care at an ALS-level
(Advanced Life Support) and oversight of the ambulance contract; and
WHEREAS, due to changes adopted by the California Emergency Medical
Services Authority, local control of the EMS request for proposal (RFP) process was
transferred to County EMS, therefore, the City continues to explore the ability to regain
local control of the EMS RFP process; in light of our efforts, the County's RFP
development process has been delayed; and
WHEREAS, the National City Fire Department is seeking a two year
extension of the AMR contract starting July 1, 2019 through June 30, 2021 until the EMS
RFP process is defined; and
WHEREAS, the extension will maintain the Franchise Fee revenue in
FY19/20 and FY20/21 at $318,023.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of National City hereby approves and authorizes the Mayor to execute the Fifth
Amendment to the Agreement between the City of National City and American Medical
Response Ambulance Service, Inc. to continue providing basic and advanced life
support ambulance transportation services from July 1, 2019 through June 30, 2021.
PASSED and ADOPTED this 18th day of June, 0
Alejand "a :'-s'-I: olis, Mayor
ATT S(Z4
Micha
Dalla, City Clerk
APPROVED AS TO FORM:
ngi,•. orris-J• es, ity Attorney
Passed and adopted by the Council of the City of National City, California, on
June 18, 2019 by the following vote, to -wit:
Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS
Mayor of the City of National City, California
MICHAEL R. DALLA
City Clerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2019-102 of the City of National City, California, passed and
adopted by the Council of said City on June 18, 2019.
City Clerk of the City of National City, California
By:
CITY OF NATIONAL CITY, CALIFORNIA %IT
COUNCIL AGENDA STATEMENT
MEETING DATE:
June 18, 2019 AGENDA ITEM NO.. 2
..EM TITLE:
Resolution of the City Council of the City of National City approving and authorizing the Mayor to sign
the Fifth Amendment to the Agreement by and between the City of National City and American Medical
Response Ambulance Service, Inc. to continue to provide basic and advanced life support ambulance
transportation services effective July 1, 2019 for a period of two years. (Fire)
PREPARED BY: Frank Parra DEPARTMENT: Fire
PHONE: 619-336-45511 APPROVED BY:
EXPLANATION:
The City's ambulance services contract with American Medical Response Ambulance Services, Inc. (AMR) was approved by
the City Council on June 20, 2006. AMR, at no direct cost to the City, has been providing basic and advanced life support
ambulance transportation services to the City since October 1, 1983.
AMR pays the City a Franchise Fee on a monthly basis. The amount of such fee is determined solely and at the absolute
discretion of the City. The purpose of the fee is to offset the City's costs for activities associated with providing and maintaining
programs associated with emergency medical services care at an ALS-level (Advanced Life Support) and oversight of the
ambulance contract.
AMR has the ability to directly bill individuals utilizing their services or bill appropriate third -party insurance carriers. AMR bills
for ambulance service per transport, calls for service during which patient care meets transport criteria and mileage. AMR
may increase fees and/or charges for services provided in order to fully realize revenues sufficient to make up the projected
annual increase in Franchise Fees.
Due to changes adopted by the California Emergency Medical Services Authority, local control of the EMS request for proposal
(RFP) process was transferred to County EMS. The City continues to explore the ability to regain local control of the EMS RFP
ocess; in light of our efforts, the County's RFP development process has been delayed. Therefore, the National City Fire
apartment is seeking a two year extension of the AMR contract starting July 1, 2019 through June 30, 2021 until the EMS
RFP process is defined. This extension will maintain the Franchise Fee revenue in FY19/20 and FY2!/21 at $318,023.
FINANCIAL STATEMENT: APPROVED:
ACCOUNT NO. 130-00000-3034 APPROVED:
Finance
MIS
Agreement is a fee for service with no General Fund revenue subsidy. The Franchise Fee revenue in FY19/20
and FY20/21 will be maintained at $318,023 annually.
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt the resolution.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
;Fifth Amendment to the Agreement by and between the City of National City and American Medical
Response Ambulance Service, Inc.
2. Resolution
iOfp.4> If ago • / O2-
FIFTH AMENDMENT TO THE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
AMERICAN MEDICAL RESPONSE AMBULANCE SERVICE, INC.
This Fifth Amendment to the Agreement By and Between the City of National
City and American Medical Response Ambulance Service, Inc. ("Fifth Amendment") is
entered into this 18th day of June, 2019, by and between the City of National City ("CITY")
and American Medical Response Ambulance Service, Inc., ("AMR").
RECITALS
A. WHEREAS, on June 20, 2006, CITY and AMR entered into an agreement
entitled "Agreement by and between the City of National City and American
Medical Response Ambulance Service, Inc." ("Agreement"); and
B. WHEREAS, on November 23, 2010, CITY and AMR exercised the option to
extend the term of the Agreement for two years, following expiration on June
30, 2011; and
C. WHEREAS, on June 18, 2013, CITY and AMR exercised the option to extend
the term of the Agreement for two years, following expiration on June 30, 2013;
and
D. WHEREAS, on June 16, 2015, CITY and AMR exercised the option to extend
the term of the Agreement for two years, following expiration on June 30, 2015;
and
E. WHEREAS, due to the uncertainty of control over the EMS RFP process, the
CITY and AMR decided to extend the term of the Agreement for two years,
following the expiration on June 30, 2017; and
F WHEREAS, the CITY explores the ability to regain local control of the EMS
RFP process; and
G. WHEREAS, the CITY and AMR desire to amend the Agreement by amending
Section II, Subsection A.11(d); Section IV, Subsection B.1; and Section VI,
Subsection E.1; and
H. WHEREAS, since the County EMS is not prepared to conduct an EMS RFP,
the CITY and AMR desire to extend the term of the Agreement for two years,
following the expiration on June 30, 2019, as provided for in amended Section
VI, Subsection E.1; and
WHEREAS, AMR has met all of the eligibility requirements for an extension of
the Agreement as set forth in Section VI, Subsection E.1
2019 Fifth Amendment to Agreement
1
City of National City and AMR
NOW, THEREFORE, in consideration of the mutual benefit to be derived
therefrom, CITY and AMR agree as follows:
1. Section VI, Subsection E.1 is amended with the term of the Agreement
being extended for an additional two years from the time the current
Agreement expires on June 30, 2019 to June 30, 2021.
2. Section II, Subsection A.11(d) is amended by modifying the Franchise
Fee Payments as follows:
Franchise Fees
Actual Estimate Estimate
FY 2018-19 FY 2019-20 FY 2020-21
$318,023 $318,023 $318,023
3. Section IV, Subsection B.1 is amended by replacing Subsection B.1
with the following:
8.1. Effective July 1, 2019, the Ambulance Service Base
Rate for Advanced Life Support will be $2,106.79.
4. The parties further agree that with the foregoing exceptions, each and
every term and provision of the Agreement by and between the CITY
and AMR, dated June 20, 2006, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Fifth Amendment to
be executed the day and year first herein set forth.
CITY OF NATIONAL CITY AMERICP.N MEDICAL RESPONSE
AMBULANCE SERVICE, INC.
By: By:
Alejandra Sotelo-Solis, Mayor Tom Wagner, CEO
AMR Regional Operations
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
By:
Nicole Pedone
Senior Assistant City Attorney
2019 Fifth Amendment to Agreement
2
City of National City and AMR
RESOLUTION NO. 2019 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF NATIONAL CITY TO
PROVIDE FIRE AND EMERGENCY MEDICAL DISPATCH SERVICES FOR A TERM
OF 5 YEARS EFFECTIVE JULY 1, 2019 THROUGH JUNE 30, 2024 AT A COST OF
$361,050.00 IN FISCAL YEAR 2019-2020
WHEREAS, the City has contracted with the City of San Diego for fire and
emergency medical dispatch services since July 1, 2013; and
WHEREAS, the City of San Diego provides dispatch services for the Metro
Zone, which includes San Diego, Chula Vista, Coronado, Imperial Beach, National City,
and Poway; and
WHEREAS, the National City Fire Department (NCFD) believes that the
City of National City's interests are best served with the City of San Diego continuing to
provide the City's fire and emergency medical dispatch services in the Metro Zone; and
WHEREAS, the City of National City will compensate the City of San Diego
for dispatching services fee in the amount of $361,050.00 for Fiscal Year 2019-2020; and
WHEREAS, dispatch fees will be subject to change each subsequent fiscal
year based on the following: a) The adopted budget for personnel costs which includes
fringe and overhead, and; b) Prior year actuals for non -personnel expenditures (NPE);and
WHEREAS, the term of this Agreement will become effective July 1, 2019
and will expire at midnight on June 30, 2024 with the option to extended this Agreement
for five (5) additional years by written agreement of the Parties, and subject to the San
Diego Mayor's authorization and the authorization of the City of National City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute a five (5) year Agreement between
the City of National City and the City of San Diego to provide fire and emergency medical
dispatch services effective July 1, 2019 through June 30, 2024 in an amount not -to -
exceed of $361,050 for FY 19/20.
PASSED and ADOPTED this 18th day of June, 2019.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Anqil Morris -Jones, City Attorney
CITY OF NATIONAL CITY
Office of the City Clerk
1243 National City Blvd., National City, California 91950-4397
619-336-4228
Michael R. Dalla, CMC - City Clerk
AMERICAN MEDICAL RESPONSE AMBULANCE SERVICE
Basic and Advanced Life Support Ambulance Transportation Services
Amendment #5
Judy Wilkins (Fire) forwarded a duplicate original Agreement to American Medical
Response Ambulance Service.
Suxett1.
&ls a 1904904
Bond No, 0520853
International Fidelity Insurance Company
One Newark Center 20th Floor
Newark, NJ 07102
(973) 624-7200
www. ific.com
CONTINUATION CERTIFICATE
Term Beginning: January 1, 2020
Term Ending: January 1, 2021
Principal/Insured: EMCARE, INC.
Obligee: CITY OF NATIONAL CITY
Agent: Aon Risk Insurance Services West, Inc.
Bond Amount: $ 250,000.00
It is hereby agreed that the captioned numbered Bond is continued in force in the above amount
for the period of the continued term stated above.
This continuation shall be deemed a part of the original bond and not a new obligation and is
subject to all the covenants and conditions of said bond.
International Fidelity Insurance Company
By:
Bryan Huft Attorney -In -Fact
January 8, 2020
Signed and Sealed Date
POWER OF ATTORNEY
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered: 702 Oberlin Road, Raleigh, North Carolina 27605
Bond#
KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of
the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New
Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and
appoint
MARIA CHAVES, BRYAN HUFT, JANE GILSON
Boston, MA
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL
INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had
been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY
and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of
Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018.
"RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the
Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited
in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings,
recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation
may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute
waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed
by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written
obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the
Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same
force and effect as though manually affixed."
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL
FIDELITY INSURANCE COMPANY have each executed and attested these presents
on this 31st day of December, 2018
STATE OF NEW JERSEY
County of Essex
STATE OF ILLINOIS
County of Cook
Kenneth Chapman
Executive Vice President, Harco National Insurance Company
and International Fidelity Insurance Company
On this 31 st day of December, 2018 , before me came the individual who executed the preceding instrument, to me personally known, and,
being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and
INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the
said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark,
New Jersey the day and year first above written.
CERTIFICATION
Shirelle A. Outley a Notary Public of New Jersey
My Commission Expires April 4, 2023
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify
that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set
forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the
whole of the said originals, and that the said Power of Attomey has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, 30.11/4/4Arr f?'"1
A02465
Irene Martins, Assistant Secretary