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HomeMy WebLinkAboutReso 2011-194RESOLUTION NO. 2011-194 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REVISED AND RESTATED AGREEMENT FOR BASIC AND ADVANCED LIFE SUPPORT SERVICE WITH AMERICAN MEDICAL RESPONSE AMBULANCE SERVICE, INC. FOR A THREE YEAR TERM WITH A THREE YEAR EXTENSION OPTION WHEREAS, the City is authorized by California Government Code Section 38794 to contract for ambulance services within its jurisdiction; and WHEREAS, the City has had an ongoing relationship with Laidlaw Medical Transport Inc., dba American Medical Response (AMR) and formerly known as Hartson Medical Services since 1989 to provide basic and advanced life support ambulance services; and WHEREAS, an agreement entered into with AMR on November 1, 1998 granted AMR the authority to provide basic and advanced life support ambulance services to the Exclusive Operating Area (EOA) that was adopted by the County of San Diego. This EOA consists of the City of Chula Vista, Bonita/Sunnyside Fire Protection District, and the City of Imperial Beach; and WHEREAS, this agreement was amended and was re-titled the Amended and Restated Agreement and approved by Council on May 14, 2002; and WHEREAS, the Amended and Restated Agreement commenced on June 1, 2002 and was in effect for the three-year period ending May 31, 2005; and WHEREAS, the Amended and Restated Agreement was extended by mutual option to December 11, 2007; and WHEREAS, additional updates to the Amended and Restated Agreement were submitted to Council for approval on December 11, 2007; and WHEREAS, Council approved the new Amended and Restated Agreement on December 11, 2007, set to expire on May 31, 2011; and WHEREAS, the parties entered into a thirty (30) day extension on May 31, 2011; and WHEREAS, the parties entered into a sixty (60) day extension on June 30, 2011; and WHEREAS, the parties entered into a thirty (30) day extension on August 31, 2011; and WHEREAS, the City wishes to continue the contractual relationship with AMR on the terms and conditions set forth in a Revised and Restated Agreement for a period of three (3) years; and Resolution No. 2011-194 Page 2 WHEREAS, the Amended and Restated Agreement clarified and reinforced key stipulations ensuring AMR's performance and service delivery throughout the EOA and thus benefiting the members of the EOA; and WHEREAS, pursuant to Section 17 of the Amended and Restated Agreement, the City has the option to extend the Amended and Restated Agreement for one (1) additional three-year period at the City Manager's option; and WHEREAS, pursuant to Section 20 of the Amended and Restated Agreement, the City has the option to terminate the Amended and Restated Agreement for convenience by providing 180 days written notice; and WHEREAS, the authorized Primary Rate Components that AMR is permitted to chazge for services rendered in the EOA are stipulated and aze stated in the Side-Letter Agreement; and WHEREAS, pursuant to Section 5 of the Revised and Restated Agreement, AMR reserves the right to submit a request for increases to the Primary Rate Components; and WHEREAS, pursuant to Section 5 of the Revised and Restated Agreement, the City Council has sole discretion to approve or disapprove increases to the Primary Rate Components during the lifetime of the Agreement; and WHEREAS, pursuant to Municipal Code 2.56.070(3), the City Council may waive any competitive bidding requirements where the competitive bidding requirements as applied to the contract are impractical, impossible, or the City interests would be materially better served by applying a different purchasing process approved by the purchasing agent as being consistent with good purchasing practices; and WHEREAS, pursuant to Municipal Code 2.56.070(4), the City Council may waive any competitive bidding requirements where a commodity or service is available from only one known source as the result of unique performance capabilities, compatibility requirements or market conditions; and WHEREAS, AMR has demonstrated through its past performance the ability to fulfill previous contract requirements, provide competitive pricing for its services, sustain its interoperability with the Chula Vista Fire Department and other municipalities within the EOA and deliver longstanding quality services to the community; and WHEREAS, sending the EMS contract out to bid at this time is impractical and/or impossible because the bid process could take longer than a year, it could disrupt service, it could affect the quality of service currently provided to Chula Vista citizens, it could alter the structure of the EOA, it would have to be approved by the County and State beforehand, it could be rejected by the State, and there is no person currently on staff who has the expertise to prepaze an RFP with regazd to EMS services; and Resolution No.2011-194 Page 3 WHEREAS, the City's interests would be materially better served by continuing its long- term contractual relationship with AMR because of AMR's unique performance capabilities, its knowledge and expertise working within the EOA, its compatibility requirements, and market conditions, including cost and existing service relationship and interoperability with all members of the EOA and the extension of the contract has been determined to be a good purchasing practice by the purchasing agent; and WHEREAS, the City's interests would be materially better served by continuing its long- term contractual relationship with AMR because doing so would avoid any disruption in emergency response service which could affect Chula Vista citizens seeking emergency medical care; and WHEREAS, the City's interests would be materially better served by moving forward with a contract extension because implementation of an Advanced Life Support training and implementation process for the Fire Department would be achieved sooner through using the existing EMS provider; and WHEREAS, a sole source contract may be justified on an emergency basis if there is insufficient time to conduct a competitive process. Taylor Bus Service v. San Diego Board of Education (1987) 195 Cal. App. 3d 1331, 1345; and WHEREAS, the EMS service currently provided by AMR is a commodity or service that only it can provide because it has achieved unique performance compatibilities with the emergency response services that Chula Vista, Bonita and Imperial Beach Fire Departments provide as a result of working with these Departments on their emergency response systems for years; and WHEREAS, it is the intent and desire of the City Council to waive any competitive bidding requirements based on the findings above and enter into the Revised and Restated Agreement with AMR for the reasons set forth herein. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista waives any competitive bidding requirements and exercises its option to extend its contractual relationship with AMR for the provision of basic and advanced life support ambulance services. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby approve the Revised and Restated Agreement with AMR to be effective as of the date of all parties signing the Agreement, for a period of three (3) years with an option to extend for one (1) additional three-year term thereafter to be exercised under the City Manager's authority; and BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby authorize the Mayor to execute the Revised and Restated Agreement in substantially the form presented with such minor modifications or clarifications as may be authorized or required by the City Attorney. Resolution No. 2011-194 Page 4 Presented by Approved as to form by Dave Hanneman len oogins Fire Chief ey PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 27th day of September 2011 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, Castaneda, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: ~ ~ ~~ Donna R rroN is, MC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA Cheryl Cox, yor I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2011-194 was duly passed, approved, and adopted by the City Council at a regulaz meeting of the Chula Vista City Council held on the 27th day of September 2011. Executed this 27th day of September 2011. ~- ~b~~ Donna R. Noms, CMC, City Clerk