Loading...
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 ~1~11UP14~ Dave Hanneman Fire Chief len . Googin , 't orney 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. H ~~' f~ ~~ Donna R. Norris, CMC, City Clerk