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HomeMy WebLinkAboutItem 4.02 First Respndr Extension~~~~~ ~- ~ -~ '~\~/,:' CITY CLERK File # ^~^~-~~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 5, 2009 SUBJECT: Extension of the First Responder Advanced Life Support (FRALS) Agreement with the County of Alameda Report Prepared by: Christopher L. Foss, Assistant City Manager ATTACHMENTS: 1. October 5, 2004 Staff Report and FRALS Agreement 2. Resolution and proposed Amendment to First Responder Advanced Life Support (FRALS) Agreement commencing July 1, 2009 and continuing until June 30, 2011 RECOMMENDATION: Adopt Resolution authorizing aTwo-Year Extension (July 1, 2009 to June 30, 2011) to the First Responder Advanced Life Support ~ ~ (FRALS) Agreement with the County of Alameda. FINANCIAL STAT NT: The proposed amendment will compensate the City for four (4) FRALS units at a rate of $42,893.16 per unit per year for a total of $343,145.28 over the two year term on the amendment. DESCRIPTION: The County of Alameda is designated, by California Health and Safety Code Division 2.5, Section 1797.94, as the responsible agency for establishing policies and procedures for the approval and designation of paramedic service providers within its jurisdictions, including the City of Dublin. The County of Alameda established an Emergency Medical District and has entered into contracts with public and private providers to assure that emergency medical services are available within the jurisdictions. The City of Dublin is provided fire protection services through a contract with the Alameda County Fire Department (ACFD). The contract calls for ACFD to provide, in addition to 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 as well as to allow the private ambulance provider with the ability to meet certain response time requirements. The private ambulance provider must meet the response time of being on scene at a Code 3 COPY TO: G:\Chris\Fire\P.genda Statement FRALS May 2009.doc Page 1 of 2 ITEM NO. ~• L (lights and sirens) medical assistance call within ten (10) minutes no less than ninety percent (90%) of the time within any month. The City of Dublin currently provides for a paramedic on each of the department's four units (3 Engine companies and 1 Truck company) and thus has four (4) First Responder Advanced Life Support units. The proposed amendment will compensate the City for four (4) FRALS units at a rate of $42,893.16 per unit per year for a total of $343,145.28 over the two year term. The City of Dublin has approved First Responder Advanced Life Support (FRALS) agreements with the County of Alameda in 2000 and again in 2004 (see Attachment 1 for 2004 staff report and agreement). The proposed amendment to the FRALS agreement shall be in effect for two years beginning July 1, 2009 to June 30, 2011 unless terminated early. The proposed agreement provides a higher level of emergency services for the residents of Dublin, and provides a funding source to compensate for the additional training necessary to upgrade the service. The agreement will reimburse the City of Dublin for providing first responder units, and will be a further enhancement to the emergency medical service within the City of Dublin. RECOMMENDATION: It is staff's recommendation that the City Council adopt Resolution authorizing aTwo-Year Extension (July 1, 2009 to June 30, 2011) to the First Responder Advanced Life Support (FRALS) Agreement with the County of Alameda. 5._/ CITY CLERK File # ^~®®-~® ~~aa~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 5, 2004 SUBJECT: Authorization of a Five-Year (July 1, 2004 until June 30, 2009) First Responder Advanced Life Support (FRALS) Agreement with the County of Alameda Report Prepared By: Joni L. Pattillo, Assistant City Manager ATTACHMENT: ]) Resolution and Proposed First Responder Advanced Life Support (FRALS) Agreement for a period commencing July 1, 2004 and continuing until June 30, 2009 2) June 28, 2004 Staff Report and Amendment to FRALS Agreement RECOMMENDATION: ~ 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. FINANCIAL STATEMENT: This proposed agreement will compensate the City far 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 (ACED), 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 c:~cc-hrres~zooa-n~ra~o~uo-osoa~-~.a« COPIES TO: Al IAUWII'lll l 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. a p~ ~ ~- At the June 28, 2004, City Council meeting, the Council agreed to extend the FRALS Agreement until ~l 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. ,~>~, a~ RESOLUTION NO. ~- 04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING A FPVE-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 (ACED), 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 att hed as Ezhibit 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: ATTEST: City Clerk G:\CC-MTC3S\2604-gtr410ct\10-OS-04\tesafi~als.doc Mayor -1- 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 EM5 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. ~~ ~a~ 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 wards 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 Wighway Patrol. 3.4 Ambulance Unit - An ambulance staffed with qualified personnel and equipped with appropriate medical equipment and supplies. 3.5 Base Hospital Phvsician - A physician licensed to practice medicine in the State of California and approved as a 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 camrnunications 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 Heal#h Care Services Agency. 3.9 Emergencv -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 _Emergencv Medical Technician - I or EMT-I -Personnel as defined in the Health and Safety Code Section 1797.80. 3.11 Fire De artment Dis atch Facilit - A facility that directly dispatches Fire Department resources to 9-1-1 calls that come into a PSAP. 2 4` < ^~ 3.12 First Responder -Afire department vehicle,. police vehicle with personnel capable of providing necessary pre-hospital care. 3.13 First Responder ALS, llnit,LFRALS) - 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 Threatening Emergency,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 Threatening 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 protocals. 3.19 Non-Emergency Response (Code 1) -Any request for service that fails 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 no# 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 Answerins~ 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 Quality 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 pirector 3.27 (~uali#Y Improvement -The evaluation of prehospital emergency medical services to identify where personnel pertormance 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 3 7 ~_ ,, defects, Gluality 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 SCOPB 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 foHawing 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) G.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' 1f 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 -- to COUNTY'S calculation of CONTRACTOR'S pertormance 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 !n case of a mul#iple-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. 4 -"J ~~ 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/ar jurisdiction within the County. 6.2.3 Goad 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 mus# 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 far 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. 5 ~Y~ ~ ~ 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 behalf of CONTRACTOR in a(I 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 Sec#ian 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 poctor (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. 6 /~ .~r~ SECTION 10 SERVICES PROVIDED COUNTY and CONTRACTOR will provide the following 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 and/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.fi CONTRACTOR'S voluntary participation in COUNTY trial studies/pilot projects/research studies, if approved by the State EMS Authority (EM5A) and approved by Alameda County Counsel when pertinent; 10.7 Incorpora#ion 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 Marking -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. 7 ,~/ ~~- 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 implemen#ing 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 Farms -The CONTRACTOR shall utilize the COUNTY'S "Patient Care Report" (PCR) system far all assignments including patient contact and non-transpork. 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 conduct 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 !licensed/accredited and shall retain a record of their certification/licensure. EMT-ls and paramedics shall comply with all training requirements as established by the State of Caiifarnia 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 pay6rs for supplies or medications that the private ambulance provider restocks CONTRACTOR. 14.2 Nothing is this agreement shall preclude CONTRACTOR from billing patients for non- 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 aut 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. 9 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 not be 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 xo TERMINATION PROVISIONS 20.1 Termination by 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 by CONTRACTOR --CONTRACTOR may terminate this Agreement, at any time, upon ninety (90) days' written notice to COUNTY. 20.3 Termination by Mutual Agreement -COUNTY and CONTRACTOR may otherwise agree in writing to terminate this Agreement in a mutually satisfactory manner. SECTION 21 END TERM PROVISIONS 10 Cy ~ as CONTRACTOR agrees to return ail 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. 11 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 MISCEI.L.ANEOUS PROVISIONS A. Attorney's Fees In any claim, suit ar 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 6$ COUNTY: Alameda County EMS District 1000 San Leandro Boulevard, Suite 100 San Leandro, CA 94577 C. Entire Agreement 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. Binding Effect This Agreement will inure to the benefit of and bind the respective parties, their successors, personal representatives and permitted assigns. E. Headings The headings in this Agreement are inserted for convenience of reference only and are not to be used in construing ar interpreting any provisions of this Agreement. F. Invalidi 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 #his Agreement. ~2 / _~_~ (o ~a G. Delay 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 any one 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 farce and effect. i. Third Party Beneficiary This Agreement shall nat be deemed to have been made for the express or implied benefit of any person who is not a party hereto. J. Modification of Aareement 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 ~~a 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 CONTRACTOR By Title Address: 100 Civic Plaza Dublin, CA 94568 Contractor !D Tax Number 94-2825202 Approved as to form: County Counsel Attest: City Clerk Approved as to Form: City Attorney 14 ~r7 EXHIBIT B PAYMENT SCHEDULE Basic Subsidy for Emergency 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 = $161,723.60) For the Period July 1, 200$ 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 fast quarter, September 30~'. 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 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: Far 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: 1st report of non-compliance Letter of deficiency sent 2nd report of non-compliance $ 800 x number of FRALS units under cantract 3rd report of non compliance $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 cantract 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 r9 -~ ~ ~ 16 RESOLUTION NO. - 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING ATWO-YEAR EXTENSION (JULY 1, 2009 -JUNE 30, 2011) TO THE FIRST RESPONDER ADVANCED LIFE SUPPORT (FRALS) AGREEMENT WITH THE COUNTY OF ALAMEDA ~ ~a~ 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 October 5, 2004, meeting, the City Council agreed to extend the existing FRALS Agreement until June 30, 2009, (attached as Exhibit A), which reimburses the City of Dublin for providing four (4) first responder units. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby authorizes the Mayor to sign the extension to the First Responder Advanced Life Support (FRALS) Agreement with the County of Alameda for a period commencing July 1, 2009 and continuing until June 30, 201 1, unless terminated earlier in accordance with the Agreement. PASSED, APPROVED AND ADOPTED this 5th day of May, 2009. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\Chris\Fire\Resolution FRALS May 2009.doc A17'AC~Y9' Z o?/ ~ as Contract Reference No: C 2004-807 AMENDMENT TO CONTRACT This Amendment is effective on: July 1, 2009 Reference is made to that contract made and initially entered into on the 1st day of July, 2004, by and between the County of Alameda, a body corporate and politic of the State of Cafifomia and The City of Dublin, herein referred to as "CONTRACTOR". Said contract is hereby amended as follows: 1 _ The expiration date of the original contract is June 30, 2009. This amendment extends said contract for two (2) years beginning July 1, 2009 through June 30, 2011. 2. Exhibit B -Payment Schedule, that establishes compensation for the provision of First Responder Advanced Life Support, is also amended to continue said compensation ai the current rate of $42,893.16/per unit/year. The CONTRACTOR has been approved for 4 units, totaling $343,145.28 for the two year period of the extension. Except as herein amended, said contract is continued in full force and effect. IN W 1TNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written. COUNTY OF ALAMEDA By: President Board of Supervisors Date CONTRACTOR By: for Date: Approved as to Form: County Counsel By: Date: Exhibit A to Attachment 2 aaa~a2, EXHIBIT B PAYMENT SCHEDULE BASIC SUBSIDY FOR EMERGENCY FIRST RESPONDER SERVICES. CITY of DUBLIN 1. In consideration for the provision of services described in this Agreement, COUNTY shall pay CONTRACTOR $343,145.28 based on the following schedule: For the period Juiy 1, 2009 to June 30, 2010 a sum of $42,893.16 per FRALS unit Number of authorized FRALS units: 4 x $42,893.96 per unifiyear = $ i 7i,v72.v4/year $42,893.16/quarter For the period July 1, 2090 to June 30, 2011 a sum of $42,893.16 per FRALS unit Number of authorized FRALS units: 4 x $42,893.16 per unit/year = $171,572.64/year $42,893.16/quarter 2. Payment to CONTRACTOR will be made in equal quarterly installments upon receipt of a quarterly invoice, beginning with receipt of the first invoice after October 1, 2009. 3. COUNTY shall make every effort to remit payments within thirty (30) business days. 4. Payment to CONTRACTOR will be held until receipt of the required quarterly data per mutually agreed data calendar. 5. Total payments to be calculated and determined by the number of authorized FRALS units actually in service. CONTRACTOR must adhere to section 1.4 of the original agreement to add or subtract units.