HomeMy WebLinkAbout4.09 FirstResponderLifeSup
CITY CLERK
File # DI1Q]DJD1-~DJ
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 5,2004
SUBJECT:
ATTACHMENT:
RECOMMENDATION: 41
FINANCIAL STATEMENT:
Authorization of a Five- Year (July 1, 2004 until June 30, 2009) First
Responder Advanced Life Support (FRALS) Agreement with the
County of Alameda T \;I¿
Report Prepared By: Jon; L. Pattillo, Assistant City Manag~~
1)
Resolution and Proposed First Responder Advanced Life
Support (FRALS) Agreement for a period commencing July
1,2004 and continuing until June 30,2009
June 28,2004 Staff Report and Amendment to FRALS
Agreement
2)
Adopt Resolution authorizing Mayor to sign the First Responder
Advanced Life Support (FRALS) Agreement for a period
commencing July 1, 2004, and continuing until June 30,2009, unless
terminated earlier in accordance with this Agreement.
This proposed agreement will compensate the City for the additional
fire engine company that is associated with Fire Station 18. The
City will now be compensated for four (4) FRALS units at a rate of
$37,000 each for a grand total for FY 2004-2005 of $148,000. The
additional compensation for the fourth FRALS unit was included as
part of the City of Dublin's FY 2004-2005 budget (the compensation
rate budgeted was $37,377 and the County rounded down to
$37,000). The Agreement also includes a 3% escalator for
subsequent fiscal years.
DESCRIPTION: The City of Dublin supplies fire protection services through a Fire Protection and
Emergency Medical Services agreement with the Alameda County Fire District (ACFD), also known as the
Alameda County Fire Department. The contract calls for ACFD to provide basic fire suppression and
prevention, emergency first aid, Basic Life Support (BLS), and Advanced Life Support (ALS)-Paramedic
services on its First Responder units to enhance the emergency medical services provided to Dublin
residents. This allows the private ambulance provider the ability to meet the response time of being on the
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scene at a Code 3 (lights and sirens) medical assistance call within ten (10) minutes; no less than ninety
percent (90%) of the time within any month.
At the June 28, 2004, City Council meeting, the Council agreed to extend the FRALS Agreement until
August 31, 2004 until a new agreement could be completed. The County of Alameda, along with a work
group made up of Fire Chiefs from the various jurisdictions in Alameda County, developed this new
agreement, which includes the recognition of the City of Dublin's additional fire engine. Due to the
complexities, the new agreement took a little longer than expected; however, the agreement acknowledges
a full year of reimbursement for the City of Dublin's four (4) FRALS units.
Staff recommends that the City Council adopt the Resolution authorizing the Mayor to sign the First
Responder Advanced Life Support (FRALS) Agreement for a period commencing July 1,2004, and
continuing until June 30,2009, unless terminated earlier in accordance with this Agreement.
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RESOLUTION NO. - 04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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AUTHORIZING A FIVE-YEAR (JULY 1,2004 - JUNE 30, 2009)
FIRST RESPONDER ADVANCED LIFE SUPPORT (FRALS) AGREEMENT
WITH THE COUNTY OF ALAMEDA
WHEREAS, the City of Dublin supplies fire protection services through a Fire Protection and
Emergency Medical Services Agreement with the Alameda County Fire District (ACFD), as known as the
Alameda County Fire Department; and
WHEREAS, the Fire Protection and Emergency Medical Services Agreement calls for ACFD to
provide basic fire suppression and prevention, emergency first aid, Basic Life Support (BLS), and
Advanced Life Support (ALS) Paramedic services on its First Responder units to enhance the emergency
medical services provided to the residents of Dublin; and
WHEREAS, at its June 28, 2004, meeting, the City Council agreed to extend the existing FRALS
Agreement until August 31, 2004, until a new FRALS Agreement (attached as Exhibit A), which
reimburses the City of Dublin for providing four (4) first responder units, could be completed.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
authorizes the Mayor to sign the First Responder Advanced Life Support (FRALS) Agreement for a period
commencing July 1,2004 and continuing until June 30, 2009, unless terminated earlier in accordance with
the Agreement.
PASSED, APPROVED AND ADOPTED this 5th day of October, 2004.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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ATTACHMENT 1
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ADVANCED LIFE SUPPORT (ALS)
FIRST RESPONDER SERVICES AGREEMENT
BETWEEN
ALAMEDA COUNTY AND CITY OF DUBLIN
SECTION 1
INTRODUCTION
1.1 The COUNTY is designated as the Local Emergency Medical Service Agency (LEMSA)
as defined in the California Health and Safety Code Division 2.5, Section 1797.94
responsible for establishing policies and procedures for the approval and designation of
paramedic service providers within its jurisdiction. The COUNTY relies on the
municipalities to provide the first paramedic on scene in most cases.
1.2 The COUNTY has established an Emergency Medical Service District (EM-1983-1) and
has entered into agreements with various Emergency Medical Services (EMS) providers,
both public and private, to assure the availability of emergency paramedic service within
the territory of the District.
1.3 The CONTRACTOR (S) are willing to provide first paramedic response to requests for all
medical calls as defined by the algorithms in the County EMS approved Emergency
Medical Dispatch (EMD) protocols.
1.3.1 The CONTRACTORS include the agencies/cities listed below:
City of Dublin Fire Department
4 FRALS Units
The number of First Responder Advanced Life Support (FRALS) units listed will not
change during the life of this contract unless it is determined that the system would
benefit from adding additional unit(s). Additional units will be negotiated between the
Contract Administrator and Contractor with justification.
1.4.1 The parties hereby execute this single agreement which will constitute formal Designation
of Contractor as an authorized provider of ALS services within the Alameda County EMS
system under Health &Safety Code Section 1797.178, a paramedic service provider
agreement under Title 22 CCR Section 100168(b)(4), and a written agreement regarding
the provision of prehospital emergency medical services under Health & Safety Code
Section 1797.201.
1 .4.2 Neither CONTRACTOR nor COUNTY waives any rights it may have pursuant to Section
1797.201.
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SECTION 2
TERM
2.1.1 This Agreement shall be in effect for a period commencing July 1, 2004, and continuing
until June 30, 2009 unless terminated earlier in accordance with this Agreement.
SECTION 3
DEFINITIONS
For the purposes of this Agreement, the following words and phrases shall have the meanings
respectively ascribed to them by this section.
3.1 Advanced Life Support (ALS) - Special services designed to provide definitive
prehospital emergency medical care as defined in Health and Safety Code Section
1797.52,
3.2 ALCO-CMED - The facility designated by the COUNTY as the central communications
Center from which EMS requests may be processed and routed to the CONTRACTOR.
3.3 Ambulance - Any motor vehicle equipped with facilities to convey infirm or injured
persons in a reclining position and licensed as an ambulance by the California Highway
Patrol.
3.4 Ambulance Unit - An ambulance staffed with qualified personnel and equipped with
appropriate medical equipment and supplies.
3.5 Base Hospital Physician - A physician licensed to practice medicine in the State of
California and approved asa Base Hospital Physician by the Medical Director, and
knowledgeable in the medical protocols, radio procedure and general operating policies
of the County EMS system, and a person from whom paramedics may take medical
direction by radio or other remote communications device.
3.6 Basic Life Support (BLS) - as defined in Health and Safety Code Section 1797.60.
3.7 Computer-Aided Dispatch or CAD -Computer-Aided Dispatch system consisting of
associated hardware and software to facilitate call taking, unit selection, resource
dispatch and deployment, event time stamping, creation and real time maintenance of
incident database, and Management Information System.
3.8 Contract Administrator - An agent of the COUNTY designated by the Director of the
Alameda County Health Care Services Agency.
3.9 EmerQencv - Any sudden or serious illness or injury requiring immediate medical or
psychiatric attention under circumstances that a delay in providing such services may
aggravate the medical condition or cause the loss of life.
3.10 Emergency Medical Technician - I or EMT -I - Personnel as defined in the Health and
Safety Code Section 1797.80.
3.11 Fire Department Dispatch Facility - A facility that directly dispatches Fire Department
resources to 9-1-1 calls that come into a PSAP.
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3.12 First Responder - A fire department vehicle, police vehicle with personnel capable of
providing necessary pre-hospital care.
3.13 First Responder ALS Unit (FRALS) - A unit staffed and equipped with a minimum of
one California State licensed and Alameda County accredited paramedic capable of
providing ALS at scenes of medical emergencies.
3.14 Life Threatenin¡:¡ Emer¡:¡ency Response (Code 3) - Any emergency that is designated
as life threatening in strict accordance with County approved EMD protocols. Code 3 will
be counted as an emergency response.
3.15 Medical Direction - Direction given ALS personnel by a base hospital.
3.16 Medical Director - Person designated pursuant to Section 1979.204 of the Health and
Safety Code to serve as administrative officer in carrying out the duties and powers of the
Health Officer.
3.17 Medical Protocol - Any diagnosis-specific or problem-oriented written statement of
Standard procedure, or algorithm, promulgated by the Medical Director as the normal
standard of prehospital care for the given clinical condition.
3.18 Non~Life Threatenin¡:¡ Response (Code 2) - Any emergency response that is
designated as non-life threatening at call reception by ALCO-CMED personnel or other
PSAP authorized by Contract Administrator in strict accordance with County approved
EMD dispatch protocols.
3.19 Non~EmerQencv Response (Code 1) - Any request for service that falls outside the
established protocols for emergency life threatening and emergency non~life threatening
responses. Pre-scheduled transfers for response time purposes shall be considered
non-emergency responses. Non-emergency calls may be of private or public origin.
Code 1 will not be counted as an emergency response.
3.20 On~Scene Time - The time a unit arrives at the location requested.
3.21 Paramedic - Personnel as defined in the Health and Safety Code Section 1797.84.
3.22 Paramedic Unit - An ambulance unit staffed and equipped to provide Advanced Life
Support at the scene of a medical emergency and during transport of a patient(s), and
designated as a paramedic unit by the Medical Director.
3.23 Public Safety Answerin¡:¡ Point (PSAP) - Public safety answering point where 9-1~1
calls are first received
3.24 Public Safety Officer - Any person designated as a public safety officer by the law of
the State of California.
3.25 Physician - Any person duly licensed to practice medicine in the State of California.
3.26 Qualitv Assurance - The sum of all activities undertaken to assure that prehospital
emergency medical services maintain the standard of care established for those services,
as defined by the County Medical Director
3.27 Quality Improvement - The evaluation of prehospital emergency medical services to
identify where personnel performance or the system itself can be improved, the
implementation of potential improvements, and their re-evaluation and refinement in a
continuous cycle. While Quality Assurance traditionally focuses on the detection of
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defects, Quality Improvement strives to prevent them. Thus a Quality Improvement
program must include, but not be limited to, Quality Assurance.
3.28 Response Time - The actual elapsed time between receipt of a call at a PSAP or Fire
Department Dispatch Facility that a unit is needed and the on-scene time, consistent with
section 5.
SECTION 4
PRIMARY SERVICE AREA
CONTRACTOR, within the area designated herein as the "Primary Service Area," which includes
the entire area within City of DUBLIN city limits, shall be responsible for dispatch and response
for all medical requests for emergency medical services originating within the area.
SECTION 5
SCOPE OF PRACTICE BY CONTRACTOR
Contractor shall provide as part of a FRALS unit ALS~level medical service to patients until
contractor relinquishes medical control of the patient to the contract ambulance provider or a
medical physician of competent authority in accordance with EMS Physician On Scene policy.
SECTION 6
PERFORMANCE STANDARDS
6.1 Response Times - CONTRACTOR'S response time on requests for emergency medical
services originating from within the Primary Service Area shall meet the following
performance standards:
6.1.1 (Code 3) - CONTRACTOR shall place a First Responder Advanced Life Support
(FRALS) unit on-scene of each Code 3 medical assistance call within eight (8)
minutes thirty (30) seconds from time of receipt of call at Fire Department
Dispatch Facility or primary Public Safety Answering Point (PSAP) for those
Departments not using a Fire Department Dispatch Facility, on not less than
ninety percent (90%) of the responses within any month.
6.1.2 (Code 2) - Response times are calculated as 150% of Code 3 time. (12 minutes
and 45 seconds)
6.1.3 CONTRACTOR'S responding crew shall report on-scene time or staging location
time to its dispatch center immediately upon arrival at the scene/staging location.
6.1.4' If a FRALS unit is reassigned en route from one call to another before arrival at
the scene of the first call, the response~time clock shall not stop on the first call
until the arrival of a FRALS unit at the scene of the first call.
6.2 Exceptions - In COUNTY'S calculation of CONTRACTOR'S performance in regard to
these standards, every medical emergency request originating from within
CONTRACTOR'S Primary Service Area shall be included except as follows:
6.2.1 In case of a multiple-response incident (i.e., where more than one FRALS unit is
sent to the same incident), only the response time of the first arriving FRALS unit
shall be counted.
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6.2.2 The response time requirements shall be suspended during any declared
disaster in the County of Alameda, declared state of emergency within a local
jurisdiction, or during a declared disaster in a neighboring jurisdiction which has
requested assistance from the COUNTY and/or jurisdiction within the County.
6.2.3 Good cause for an exception as determined by the Contract Administrator may
include, but is not limited to, substantially incorrect or inaccurate dispatch
information. The alleged grounds for exception must have been a substantial
factor in producing a particular excess response time, and CONTRACTOR must
have acted in good faith. Exemptions must be documented in detail in the .
quarterly response time data report.
6.2.4 The response time requirement shall be suspended during the time period of
mutual aid re-deployment that occurs due to multiple first alarms, or a greater
alarm incident where mutual aid is required. Re-deployment is the time period
from the time of the request of mutual aid to the arrival of mutual aid units within
the jurisdiction.
6.2.5 The response time requirement shall be suspended for incidents on all freeways
or interstate highways within; when traffic congestion impedes response; or when
unclear or inaccurate dispatch information is given as to scene location.
6.2.6 Other circumstances require contractor to submit details in writing to the
Contract Administrator or his/her designee for consideration.
6.3 Exception Request Procedure - CONTRACTOR must file a response time exemption
with the quarterly report. Such requests must include all of the following information:
6.3.1 a detailed description of the circumstances causing the response delay
6.3.2 date and time of the occurrence
6.3.3 dispatch agency name
6.3.4 FRALS unit number
6.3.5 originating location of responding FRALS unit
6.4 Cooperation - CONTRACTOR'S FRALS personnel shall cooperate fully with transporting
ambulance personnel to facilitate the timely and effective transfer of patient care at the
scene; according to Alameda County EMS policy.
6.5 FRALS Units - CONTRACTOR agrees that to qualify a response unit as a FRALS Unit in
order to receive revenue under the terms of this agreement the unit must be staffed 24
hrs/day, 7 days/week.
6.5.1 EXCEPTION: Service which is reduced greater than 12 hours in a 24 hour time
period shall result in a prorata reduction of the total revenue provided to a full-
time FRALS unit. Contract Administrator will be notified via email within 24 hours
of such decrease in service. Hard copy to be sent via US Mail.
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SECTION 7
ADDITIONAL SERVICE PROVISION
7.1 CONTRACTOR to the best of its ability shall respond to any medical disaster, declared or
undeclared, within Alameda County or adjacent counties when directed by the Alameda
County Fire Mutual Aid Coordinator.
7.2 CONTRACTOR agrees that the performance of work and services pursuant to this
Agreement shall conform to high professional standards and shall comply with all
applicable provisions of the Alameda County EMS Policy Manual.
7.3 CONTRACTOR shall provide a representative, available to respond at all times within
CONTRACTOR'S Primary Service Area, and authorized to act on behalfof
CONTRACTOR in all operational matters.
7.4 CONTRACTOR shall have an EMS coordinator or delegee who holds a valid State of
California paramedic license or equivalent. The EMS Coordinator will be the primary
representative at the EMS Section meetings.
SECTION 8
QUALITY IMPROVEMENT
8.1 CONTRACTOR shall either have on staff or contract with a Quality Improvement
coordinator who holds either a valid State of California Registered Nurse (RN) license or
a valid State of California Medical Doctor (MD) license. This Quality Improvement
coordinator is responsible for evaluating on an ongoing basis CONTRACTOR'S Medical
Quality Assurance Program for COUNTY-contracted services.
8.2 CONTRACTOR agrees to participate in the creation of a comprehensive Emergency
Medical System Quality Improvement program.
8.3 CONTRACTOR shall follow all Alameda County EMS Policies regarding Quality
Assurance and Quality Improvement, which have been provided to the contractor.
8.4 Under this Agreement, CONTRACTOR shall submit a written detailed Quality
Improvement plan to the EMS Agency for approval within ninety (90) days of the start
date of the contract. Any changes to the QI Plan shall be submitted in writing as they
occur to the EMS Agency. A written detailed QI Plan shall be submitted at the start of
each contract period.
SECTION 9
MEDICAL DIRECTION
The Medical Director shall provide medical oversight to the Contractor's paramedics and EMT's
on issues relating to patient care in collaboration with Contractor's Medical Director in those
Departments where there is a Medical Director.
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SECTION 10
SERVICES PROVIDED
COUNTY and CONTRACTOR will provide thefoUowing respective services:
10.1 Incorporation of CONTRACTOR'S operations into the County EMS plan, including
CONTRACTOR'S participation on relevant County EMS committees;
10.2 Incorporation of CONTRACTOR'S operations into the County ALS system;
10.3 Authorization and monitoring of EMS training programs, base hospitals, and service
providers;
10.4 Certification an~/or accreditation of CONTRACTOR'S EMS personnel;
10.5 Provision of medical control, through its Medical Director. For those Departments with a
Medical Director, the EMS Medical Director will work in collaboration with him/her.Medical
control requirements include medical dispatch, patient destination policies, patient care
guidelines, and quality assurance/ improvement;
10.6 CONTRACTOR'S voluntary participation in COUNTY trial studies/pilot projects/research
studies, if approved by the State EMS Authority (EMSA) and approved by Alameda
County Counsel when pertinent;
10.7 Incorporation of CONTRACTOR'S operations into the COUNTY trauma system;
10.8 System data collection and evaluation in accordance with mutually agreed upon annual
calendar of due dates;
10.9 Disaster planning; and
10.10 EMS expendable supplies and equipment used during the provision of services by
FRALS units under this agreement shall be restocked by the County contract ambulance
provider.
SECTION 11
EQUIPMENT
11.1 Vehicle MarkinQ -FRALS vehicles used in providing Contract services shall bear the
marking "Paramedic" on both sides..
11.2 General Equipment Required for Vehicles - Each FRALS unit shall carry emergency
supplies and equipment as required by the Alameda County EMS Policy Manual.
Vehicles, equipment, and supplies shall be maintained in a clean, sanitary, and safe
mechanical condition at all times.
11.2.1 Equipment and supply requirements may be changed with the approval of the Contract
Administrator in accordance with best practices in collaboration with Contractor with
consideration given to annual budget timelines.
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SECTION 12
COOPERATION WITH EVOLVING EMS SYSTEM
CONTRACTOR agrees to participate and assist in the development of system changes subject to
negotiated costs, if any.
COUNTY agrees to continue a consensus model of obtaining input from all participating
Contractors prior to implementing change to system policies and procedures.
SECTION 13
ACCESS TO RECORDS AND REPORTING REQUIREMENTS
CONTRACTOR shall comply with the following record keeping and reporting requirements:
13.1 Performance Reports - Within thirty (30) days after the end of each quarter, the
CONTRACTOR shall document and report to Contract Administrator in writing, using fractile
response time method, each emergency call dispatched which did not meet the performance
standards set forth in Section 6.1 (Response Times) and each failure to properly report on-
scene time. The specific reporting requirements are as follows:
a) CONTRACTOR monthly calls which are less than or equal to response times of 8
minutes 30 seconds are added to the monthly exceptions, and this total is divided by
the total monthly calls; this yields a fraction represented as a percentage;
b) If the fraction in (a) above equals or is greater than 90%, then no report is filed on
specific calls with response times over 8 minutes 30 seconds.
c) If the fraction in (a) above is less than 90%, then the CONTRACTOR must report on
each call with greater than an 8 minute 30 second response time. The
CONTRACTOR must report on each call the causes of such failures of performance,
and shall document efforts to eliminate these problems.
13.2 Patient Report Forms - The CONTRACTOR shall utilize the COUNTY'S "Patient Care
Report" (PCR) system for all assignments including patient contact and non-transport.
This form will be accurately completed and distributed according to established Alameda
County EMS Policies and Procedures.
The COUNTY will provide PCR forms via CD. The form is subject to revision by the
Contract Administrator at any time.
13.3 Business Records -COUNTY shall have reasonable access to CONTRACTOR'S
financial data relating to the provision of First Responder Advanced Life Support
operations.
13.4 Observation of Operations - COUNTY representatives may, with appropriate notification,
directly observe CONTRACTOR'S medical dispatch center operations, and may ride to
observe the operation of any of CONTRACTOR'S FRALS units. The COUNTY'S
representatives shall condùct themselves in a professional and courteous manner, shall
not interfere with CONTRACTOR'S employees in the performance of their duties, and
shall at all times be respectful of CONTRACTOR'S employer/employee relationship.
13.5 Licensure/Accreditation - CONTRACTOR shall ensure that all of its employees are
appropriately /Iicensed/accredited and shall retain a record of their certification/licensure.
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EMT ~Is and paramedics shall comply with all training requirements as established by the
State of California and all applicable provisions of the Alameda County EMS Policy
Manual.
Contractor shall submit via email an annual list of all paramedics with license dates and
expiration dates as per mutually agreed upon annual calendar.
SECTION 14
ADDITIONAL CONSIDERATIONS
14.1 Fee Schedules - The CONTRACTOR shall not bill patients or payors for supplies or
medications that the private ambulance provider restocks CONTRACTOR.
14.2 Nothing is this agreement shall preclude CONTRACTOR from billing patients for nonw
transport services, supplies, or medications provided beyond the scope of the FRALS
scope of practice as additional patient service and which has not been re~stocked by the
contract ambulance provider. Such billing will be approved in writing by Contract
Administrator prior to start of such billing procedures.
SECTION 15
NON~COMPETITION
The CONTRACTOR acknowledges the exclusive nature of COUNTY'S authority to operate
and/or contract for emergency ambulance services within the Primary Service Area.
During the term of this Agreement, neither the CONTRACTOR, officers, agents, key personnel, or
employees shall compete with the COUNTY for the same emergency ambulance services
contracted for in any other area of the COUNTY.
SECTION 16
INSURANCE AND INDEMNIFICATION
CONTRACTOR shall at all times during the term of the Agreement maintain in force those
insurance policies and bonds as designated in Exhibit C and will comply with all requirements
thereof.
CONTRACTOR agrees to defend, to indemnify, to save and hold harmless the County of
Alameda, its officers, employees, and agents from any and all acts, claims, omissions, liabilities,
and losses by whomever asserted arising out of acts or omissions of CONTRACTOR in the
performance of the scope of work except those arising by reason of the sole negligence of
COUNTY, its officers; employees, or agents.
The COUNTY agrees to defend, indemnify, and hold harmless CONTRACTOR, its officers,
employees, and agents, from any and all acts, claims, omissions, liabilities, and losses by
whomever asserted arising out of acts or omissions of COUNTY in the performance of the scope
of work except those arising by reason of the sole negligence of CONTRACTOR, its officers,
employees, or agents.
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SECTION 17
ASSIGNMENT NOT ALLOWED
CONTRACTOR shall not assign this Agreement to a third party without written consent of the
COUNTY; nor shall CONTRACTOR assign any monies due from COUNTY under this Agreement
to any third party without written consent of the COUNTY.
SECTION 18
INDEPENDENT CONTRACTOR
This Agreement is an agreement by and between two public agencies and is not intended. and
shall not be construed. to create the relationship of agency. servant, employee. partnership, joint
venture. or association.
COUNTY shall notbe considered the employer of CONTRACTOR'S employees for any purpose.
and CONTRACTOR holds harmless COUNTY to that extent.
SECTION 19
COMPLIANCE WITH LAW AND SAFETY
19.1 CONTRACTOR shall observe and comply with all applicable laws. ordinances, codes.
and regulations of governmental agencies. including federal. state. municipal. and local
governing bodies, having jurisdiction over the scope of services or any part hereof.
including the provisions of the Occupational Safety and Health Act of 1979 and all
amendments thereto, and all applicable federal. state. municipal. and local safety
regulations. All services performed by CONTRACTOR must be in accordance with these
laws. ordinances. codes. and regulations. CONTRACTOR shall indemnify and save
COUNTY harmless from any and all liability, fines, penalties, and consequences from any
noncompliance or violations of such laws, ordinances, codes. and regulations.
SECTION 20
TERMINATION PROVISIONS
20.1 Termination bv COUNTY - COUNTY may terminate this Agreement in the event of
CONTRACTOR'S material breach of any provision of this Agreement as described in
Section 24, CONTRACTOR'S violation of law, the Transport Provider Contract is
terminated, or if the COUNTY service area funding is no longer available.
20.2 Termination bv CONTRACTOR - CONTRACTOR may terminate this Agreement, at any
time. upon ninety (90) days' written notice to COUNTY.
20.3 Termination by Mutual Aqreement - COUNTY and CONTRACTOR may otherwise agree
in writing to terminate this Agreement in a mutually satisfactory manner.
SECTION 21
END TERM PROVISIONS
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CONTRACTOR agrees to return all COUNTY-issued equipment to COUNTY in good working
order, normal wear and tear excepted, at the termination of this Agreement.
SECTION 22
CONTRACTOR'S LABOR AFFAIRS
The CONTRACTOR shall have full autonomy and responsibility for conducting its affairs with its
workforce, including managing personnel and resources fairly and effectively in a manner that
assures compliance with this Agreement.
SECTION 23
COMPENSATION RELATED PROVISIONS
For the performance of this Agreement, COUNTY shall pay to CONTRACTOR the amounts
specified in Exhibit B.
SECTION 24
BREACH OF CONTRACT
A. Notice of Default - COUNTY shall. have the right to terminate or cancel the Agreement or to
pursue any appropriate legal remedy in the event the CONTRACTOR materially breaches the
Agreement and shall fail to correct such default within thirty (30) calendar days following the
service on it of a written notice by COUNTY specifying the default or defaults complained of
and the date of intended termination of rights hereunder absent cure.
B. Definitions of Breach -Conditions and circumstances which shall constitute a material breach
by the CONTRACTOR shall include but not be limited to the following:
1) Failure of the CONTRACTOR to operate the FRALS service system in a manner which
enables the COUNTY or the CONTRACTOR to remain in substantial compliance with the
requirements of the applicable Federal, State, and County laws, rules, and regulations;
2) Falsification of data supplied to the COUNTY by CONTRACTOR during the course of
operations under this Agreement;
.3) Failure by CONTRACTOR to maintain equipment in accordance with good maintenance
practices;
4) Repeated failure by CONTRACTOR to meet response-time requirements after receiving
notice of noncompliance from the Contract Administrator (material breach for response-
time requirements is defined in the monthly financial performance penalties table in
Exhibit A.);
5) Failure by CONTRACTOR to maintain the required insurance.
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SECTION 25
PAYMENT AND PATIENT FEES
CONTRACTOR agrees that it will not, without prior approval of COUNTY, bill patients for service
provided under this Agreement.
SECTION 26
MISCELLANEOUS PROVISIONS
A. Attorney's Fees
In any claim, suit or proceeding brought or instituted by either of the parties to enforce any of
the provisions of this Agreement or to seek damages, the prevailing party shall be entitled to
recover reasonable attorney's fees, costs, and necessary disbursements.
B. Notice
All notices required hereunder will be in writing and served personally or by mail:
CONTRACTOR:
City of Dublin
100 Civic Plaza
Dublin, CA 945- 68
COUNTY:
Alameda County EMS District
1000 San Leandro Boulevard, Suite 100
San Leandro, CA 94577
C. Entire AQreement
This Agreement constitutes the entire agreement between the CONTRACTOR and the
COUNTY and there are no agreements, understandings, warranties, or representations
between the parties except as provided herein.
D. BindinQ Effect
This Agreement will inure to the benefit of and bind the respective parties, their successors,
personal representatives and permitted assigns.
E. HeadinQS
The headings in this Agreement are inserted for convenience of reference only and are not to
be used in construing or interpreting any provisions of this Agreement.
F. Invalidity
If any term, provision, covenant or condition of this Agreement, or any application thereof,
should be held by a court of competent jurisdiction to be invalid, void, or unenforceable, all
terms, provisions, covenants, and conditions of this Agreement, and all applications thereof,
not held invalid, void, or unenforceable, shall continue in full force and effect and shall in no
way be affected, impaired or invalidated thereby. The laws of the State of California shall
apply to the enforcement of this Agreement.
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G. Delav in Commencement
If the delay in the commencement date of this Agreement is caused by events outside the
direct and immediate control of the parties hereto, neither party shall be liable to the other for
any loss caused by such delay.
H. Waiver
The failure of either party to insist upon strict performance of any of the terms, covenants or
conditions of this Agreement in anyone or more instances shall not be construed as a waiver
or relinquishment of any such terms, covenants or conditions, and all of the same shall be
and remain in full force and effect.
I. Third Party Beneficiarv
This Agreement shall not be deemed to have been made for the express or implied benefit of
any person who is not a party hereto.
J. Modification of Aqreement
From time to time, amendments or modifications to the provisions of this Agreement may be
initiated by either party hereto and may be incorporated into this Agreement by mutual
consent and in writing as evidenced by resolution of the Board of Supervisors approving such
modification.
13
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
above written.
COUNTY OF ALAMEDA
By
President. Board of Supervisors
Approved as to form:
County Counsel
14
CONTRACTOR
By
Title
Address; 100 Civic Plaza
Dublin, CA 94568
Contractor ID Tax Number 94~2825202
Attest:
City Clerk
Approved as to Form:
City Attorney
,6ObGD
\lPZb20
EXHIBIT B
PAYMENT SCHEDULE
Basic Subsidy for
E~ergency First Responder Advanced Life Support (FRALS) Services
CITY OF DUBLIN
In consideration for the provision of services described in this Agreement,
COUNTY shall pay CONTRACTOR based on the following schedule which
includes an increase of 3% each County fiscal year.
For the period July 1, 2004 to June 30, 2005: $148,000
(Authorized FRALS Units: 4 4 Units @ $37,000 ;;;; $148,000)
For the period July 1, 2005 to June 30, 2006: $152.440
(Authorized FRALS Units: 4 4 Units @ $38,110 = $152,440)
For the Period July 1,2006 to June 30, 2007: $157.013.20
(Authorized FRALS Units: 4 4 Units @ $39,253.30 = $157,013.20)
For the period July 1,2007 to June 30,2008: $161.723.60
(Authorized FRALS Units: 4 4 Units @ $40,430.90 = $161,723.60)
For the Period July 1, 2008 to June 30, 2009: $166.575.32
(Authorized FRALS Units: 4 4 Units @ $41,643.83 = $166,575.32)
Payment to CONTRACTOR will be made in equal quarterly installments upon
receipt of quarterly invoice beginning with the receipt of the first payment on
completion of the first quarter, September 30th.
COUNTY shall make every effort to remit payments within thirty (30) days.
Payment to CONTRACTOR will be held until receipt of the required quarterly
data per mutually agreed data calendar.
15
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EXHIBIT B..1
MONTHLY FINANCIAL PERFORMANCE PENALTIES
FOR CODE 3 RESPONSES
CONTRACTOR agrees and recognizes that community performance standards
are reasonable and that any and all requests for First Responder ALS (FRALS)
service should adhere to the standards outlined in this contract. All emergency
cases that are outside the standard and cannot be justified by acceptable
mitigating circumstances are subject to compliance measurement.
A. Contractor Fails to Meet 90% Compliance:
For each calendar month the CONTRACTOR has submitted to the Contract
Administrator a report showing a failure to meet the 90% response time
standards, COUNTY shall assess the CONTRACTOR the following penalties:
1 st report of non-compliance
Letter of deficiency sent
2nd report of non-compliance
3rd report of non compliance
$ 800 x number of FRALS units under contract
$1,875 x number of FRALS units under
contract, or major breach of contract
If, in any calendar month, regardless of prior deficiencies, the CONTRACTOR
meets less than 88% of the response time standard, COUNTY at its option shall
assess a $1,875 times the number of FRALS units under contract penalty or find
CONTRACTOR in major breach of contract.
A report of non-compliance may be expunged after six (6) consecutive months of
compliance; however, financial penalties are not subject to reversal.
FRALS FINAL 8/31/04
Dublin
16
C I T Y . C LE R K
File # D[lQ][Q]Ø]-œJ~
AGENDA STATEMENT t~~~()
CITY COUNCIL MEETING DATE: June 28, 2004
SUBJECT:
Extension of the First Responder Advanced Life Support (FRALS)
Agreement with the County of Alameda
Report Prepared By: Joni L Pattillo, Assistant City Manager .
. ATTACHMENT:
1) Amendment to First Responder Advanced Life Support (FRALS)
Agreement
2) February 15,2000 Staff Report and FRALS Agreement
~
Authorize the Mayor to sign the amendment to the ·First Responder
Advanced Life Support . (FRALS) Agreement continuing this
agreement until August 31, 2004, unless terminated earlier in
accordance with this Agreement.
RECOMMENDATION:
. FINANCIAL STATEMENT:
None at this time.
DESCRIPTION: At the February 12, 2000 City Council meeting, the Council entered
into a First Responder Advanced Life Support (FRALS) Agreement with the County of Alameda that
would be in effect until June 30, 2004, unless terminated ·earlier. The City of Dublin supplies fire
protection services through a Fire Protection and Emergency Medical Services agreement with the
Alameda Count)' Fire District (ACFD), also known as, the Alameda County Fire Department. The
contract calls for ACFD to provide basic fire suppression and prevention, emergency first aid,.Basic Life
Support (BLS), and Advanced Life Support (ALS)-Paramedic services on its First Responder units to
enhance the emergency medical services provided to the residents. This allows the private ambu1ance
. provider the ability to meet the response time of being on the scene at a Code 3 (lights and sirens) medical
assistance call within ten (10) minutes; no less than ninety percent (90%) of the time within any month.
Under the current FRALS Agreement the City of Dublin is compensated for a paramedic on each of the
departments' three units (2 engine. companies and 1 truck company). The compensation fate for fiscal .
2004-2005 for each unit will be $37,377. Although, the City added an additional engine company with
the opening of Fire Station 18 in July 2003, the cuIrent agreement does not allow for reimbursement until
a new agreement is approved.
__w____________~__________~~_·_____________________________________~----------------------------------
COPIES TO:
HIcc-fonnsfagdastmt.doc
'o'b~
ATTACHMENT 2
The County of Alameda, along with a work group made up of Fire Chiefs from the various jurisdictions in~L.L2.0
Alameda County. have been working on a new agreement. Due to the complexities. the currenttr
agreement will need to be extended until August 31. 2004. The additional FRALS unit that the City of
Dublin has supplied since July 2003 is being recommended for reimbursement under the proposed new.
FRALS Agreement. This would increase the compensation from three (3) FRALS units to four (4) units.
Recommendation: Authorize the Mayor to sign the amendment to the First Responder Advanced Life
Support (FRALS) Agreement, continuing this agreement until August 31, 2004, unless terminated earlier
in accordance with this Agreement.
~15b~
»DJ D
Contract Reference No C2000-480
AMENDMENT TO ALS FIRST RESPONDER SERVICES AGREEMENT BETWEEN
COUNTY OF ALAMEDA AND CITY OF DUBLIN"
Reference is made to that contract made and entered into on the 20th day of June, 2000,
by and between the COUNTY OF ALAMEDA, a body corporate and politic of the State
ofCalifomia, and City of Dublin.
Said Contract is hereby amended:
Section 2. TERM
2.1.1 This agreement shall be in effect for a period commencing January 1, 2000
and continuing until August 31, 2004, unless tenninated earlier in accordance'
with this Agreement.
All other contract tenus and conditions shall remain in full force and effect.
In Witness Whereof, the parties hereto have executed this -Amendment this day
of 2004.
COUNTY OF ALAMEDA
President, Board of Supervisors
Mayor'
City of Dublin
100 Civic Plaza
Dublin, CA 94560
Tax Payer ill: 94-2825202
APPROVED AS TO FORM:
Richard E. Winnie. County Counsel
ATTEST:
City Clerk
By
Deputy County COWlSel
Amendmcmt to Dub1i:n Frals