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HomeMy WebLinkAboutReso 60-18 Approving an Amendment to the First Responder Advanced Life Support (FRALS) Agreement RESOLUTION NO. 60 — 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AMENDMENT TO THE FIRST RESPONDER ADVANCED LIFE SUPPORT (FRALS) AGREEMENT WHEREAS, the City of Dublin provides fire protection services through a Fire and Emergency Response Services Agreement with the Alameda County Fire District (ACFD), as known as the Alameda County Fire Department; and WHEREAS, the Fire and Emergency Response 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 October 4, 2011 meeting, the City Council approved the existing FRALS Agreement through October 31, 2016, with an option to extend for an additional five-year period; and WHEREAS, the current extension to the Agreement will expire on June 30, 2018; and WHEREAS, several amendments are proposed, including an extension of the Agreement until June 30, 2019. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Amendment to the Agreement, attached hereto as Exhibit A to this Resolution. BE IT FURTHER RESOLVED that the City Council of City of Dublin hereby authorizes the City Manager to execute the Amendment, as well as future minor or non-substantial amendments to the Agreement, including term extensions, on behalf of the City of Dublin. PASSED, APPROVED AND ADOPTED this 5th day of June 2018, by the following vote: AYES: Councilmembers Goel, Gupta, Hernandez, Thalblum and Mayor Haubert NOES: ABSENT: ABSTAIN: 7� p ATTEST: Mayor Pro Tem e at4/04- eP( City Clerk Reso No. 60-18, Adopted 6/5/2018, Item No. 4.3 Page 1 of 1 THIRD AMENDMENT TO AGREEMENT This Third Amendment ("Amendment")to the Emergency Medical Services First Responder Advanced Life Support Services Agreement ("Agreement"), made and entered into on July 1, 2018, is made by the County of Alameda ("County") and the City of Dublin ("Contractor"). For valuable consideration, the receipt and auffioiancyof which im hereby acknowledged, County and Contractor agree to amend the Agreement in the following respects: 1. Section 1.5 of the Agreement, concerning Contractors with First Responder Advanced Life Support (FRALS) Unita, shall be deleted. 2. Section 1.6 of the Agreement shall be deleted and replaced with the following language: 1.6 Contractor shall adequately deploy FRALS units to continually meet the Performance Standards stipulated in Section 5 of the Agreement. 3. In Section 1.7 of the Agreement, the reference to "Title 22 CCR Section 1DO1O7'' shall be amended to read "Title 22 CCR Section 100168". 4. In Section 1.7 of the Agreement, the reference to"Section 1791.201" shall be amended to read "Section 1797.201" 5. Section 2.1 of the Agreement, concerning the term, shall be deleted and replaced with the following language: 2.1 The term of the agreement shall be November 1, 2011 through June 30, 201Ei 6. Section 4.2ofthe Aoreemsnt, concerning receiving maximum subsidy, shall be deleted and replaced with the following language: 4.2 Contractor agrees that FRALS service shall be provided 24 hours a day, 7 days a week. 7. Section 4.3 of the Agreement, concerning Intermittent or Rotational Service Interruption, shall be deleted. 8. Section 11 of the Agreement, concerning Contractor Support, shall be deleted. Q. Section 14.1 of the Agreement, concerning Penalty Provisions, shall be deleted. 10. In Section 14.2 of the Agreement, the sentence "Penalties shall be withheld by County from FRALS support funds." shall be deleted. 11. In Section 14.2 subsection b. first bullet point of the Agreement, the sentence "If compliance falls below ninety percent (90%)the subsidy will be reduced by 10% for the next month." shall be deleted. 12. Section 14.2 subsection b. second bullet point of the Agreement, concerning Response Time Penalty, shall be deleted and replaced with the following language: ° If Response Time compliance drops below 90%for any response time Category in any calendar month, Contractor shall develop and implement a performance improvement plan. Should response time compliance drop below 90% for a second month within the subsequent 11 month penod, contractor shall submit for approval with its monthly compliance report a performance improvement plan acceptable to the EMS Director, and shall implement that plan. The performance improvement plan shall identify each problem that led to the delayed response(s) and the step(s) to be implemented to correct each deficiency. A third month of failure to meet the 90% response time compliance requirement within any 12 month period shall require the City's authorized signatory to this Agreement to provide prompt written assurances of performance and a corresponding plan acceptable to the EMS Director to correct the deficiencies in Contractor's performance within ten (10) days of notice from County EMS. Further. Contractor shall comply fully in implementing corrective actions in collaboration with and approved by the EMS Director. City's failure to provide such written assurances within the required time and/or diligently commence and perform in accordance with the written plan is a material breach of this Agreement. Further, four or more months of failure to meet the 90% response time requirement within any 12 month period constitutes material breach of this Agreement 13. Section 14.2 subsection d. of the Agreement shall be deleted. • 14. In Section 14.3, the language reading "Contractor's subsidy shall be reduced by" shall be deleted and replaced with the following language: "Contractor shall pay" 15. In Section 14.4, the language reading "Contractor's subsidy shall be reduced by" shall be deleted and replaced with the following language: "Contractor shall pay" 16. In Section 14.5, the language reading "Contractor's subsidy may be reduced by" shall be deleted and replaced with: "Contractor may be assessed' 17. In Section 14.6 subsection a., the language reading "Contractor's subsidy shall be reduced by" shall be deleted and replaced with the following language: "Contractor shall pay" 18. Section 14.8 subsection a. of the Agreement, concerning Payment of Penalties, shall be deleted and replaced with the following language: a. County shall invoice Contractor monthly for penalties imposed under this Agreement. Penalties shall be paid to the COUNTY within thirty (30) days following the date of the County's invoice. The parties shall make a good faith effort to resolve any disputes within a 30-day period. If the parties are unable to mutually resolve the dispute within that 30-day period, the assessed penalties shall be paid. 19. In Section 17.19 of the Agreement, the reference to EXHIBIT F—REPORT ON INTERMITTENT OR ROTATIONAL SERVICE INTERRUPTION shall be deleted. 20. EXHIBIT E—FIRST RESPONDER SUPPORTIPAYMENT SCHEDULE shall be deleted. 21. EXHIBIT F—REPORT ON INTERMITTENT OR ROTATIONAL SERVICE INTERRUPTION shall be deleted 22. Except as expressly modified by this Third Amendment, all of the terms and conditions of the Agreement, are and remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date(s) referenced below. COUNTY OF ALAMEDA CITY OF DUBLIN By: By: Signature Signature Name: Wilma Chan Name: Chris Foss Title: President of the Board of Supervisors Title: City Manager Date: Date: Approved as to Form: DONNA R. ZIEGLER, County Counsel By signing above, signatory warrants and represents that he/she executed this Third Amendment in his/her authorized capacity By: and that by his/her signature,on this Third K. Scott Dickey, Assistant County Counsel , Amendment, he/she or the entity upon behalf of which he/she acted, executed this Third Amendment.