HomeMy WebLinkAboutReso 2011-180RESOLUTION N0.2011-180
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA TO RECOVER EMERGENCY MEDICAL
RESPONSE PROGRAM EXPENSES THROUGH AN
AGREEMENT WITH LAIDLAW MEDICAL
TRANSPORTATION, INC. DBA AMERICAN MEDICAL
RESPONSE
WHEREAS, the City is authorized by California Government Code Section 38794 and
Municipal Code Sections 5.10.310-5.10.340 to contract for ambulance services within its
jurisdiction; and
WHEREAS, American Medical Response Ambulance Service, Inc. ("AMR"), formerly
known as Laidlaw Medical Transportation, Inc. is currently providing Emergency Medical
Response Services within the City under the terms of that certain Amended and Restated original
agreement for Basic and Advanced Life Support Ambulance Services dated December 11, 2007
(the "EOA agreement"), whereby AMR agreed to provide ambulance services for the City, the
City of Imperial Beach and the Bonita/Sunnyside Fire Protection District (collectively, the
"Participating Agencies"); and
WHEREAS, as it relates to all the Participating Agencies (including the City), the EOA
agreement has been extended through September 30, 2011, pursuant to the terms of that certain
Second Amendment to Basic and Advanced Life Support Ambulance agreement by and between
American Medical Response Ambulance Service, lnc. and the City of Chula Vista effective May
31, 2011; and that certain Third Amendment to Basic and Advanced Life Support Ambulance
agreement by and between American Medical Response Ambulance Service, Inc. and the City of
Chula Vista effective June 30, 2011; and
WHEREAS, as it relates to the City only, the EOA agreement has been amended
pursuant to the terms of that certain Amendment to Ambulance Service Original agreement by
and between American Medical Response Ambulance Service, Inc. and the City of Chula Vista
effective September 1, 2009, ("First Side Letter Agreement"); and
WHEREAS, AMR and City Staff negotiated terms for an agreement entitled Side Letter
Agreement for the Provision of Emergency Medical Response Support Services (Chula Vista)
("EMR Support Services agreement") to provide for compensation to the City for certain
emergency medical response support services provided to AMR, and to help fund system
enhancements; and
WHEREAS, the negotiation and agreement was based upon each party's consideration of
the following facts, as more specifically described in the agreement"): (a) City's lawful
authority with respect to the delivery of emergency medical services within the EOA and the
City; (b) City projections that its annual cost for EMR Support Services to be provided exceed
the Annual AMR Services Payment to be paid by AMR in consideration for such services;
Resolution No. 2011-180
Page 2
(c) AMR's determination that the annual EMR Support Services add value to the services that it
delivers within the City under the EOA Agreement that is equal to or greater than the value of
the Annual EMR Support Services Payments; and (d) the parties have determined that the
Annual EMR Support Payments are consistent with the types of payments approved in advisory
opinions issued by the Office of the Inspector General of the Department of Health and Human
Services and with the OIG's Compliance Program Guidance for Ambulance Suppliers; and
WHEREAS, City staff presented the agreement to the City Council for consideration,
along with substantial information regazding City staff estimates that the costs of the services
provided by City exceed the compensation City is receiving from AMR in consideration for
those services; and
WHEREAS, the proposed agreement recovers only a portion of City emergency medical
service expenses in order to assure that the maximum rates charged by AMR to ambulance
service patients remain at reasonable rates.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby:
1. Approves the EMR Support Services agreement between the City and AMR in
substantially the form presented with such minor modifications or clarifications as may be
authorized or required by the City Attorney, and authorizes and directs the Mayor to execute
same.
2. Finds and determines in connection with such approval that, based on the
information presented by staff, that the costs of the services provided by City under the
agreement exceed the compensation that City is receiving from AMR as compensation for such
services.
Presented by Approved as to form by
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Dave Hanneman
Fire Chief
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Resolution No. 2011-180
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of September 2011 by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, Castaneda, Ramirez and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Cheryl Cox, ayo
ATTEST:
Donna R. Norris, MC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2011-180 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 13th day of September 2011.
Executed this 13th day of September 2011.
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Donna R. Norris, CMC, City Clerk