HomeMy WebLinkAbout1991/04/23 Item 15
COUNCIL AGENDA STATEMENT
Item .t5
ITEM TITLE
.
.
MeetingDate 4/23/91
Resolution .tt.l<<f.2. Approving agreement with the County of
San Diego requiring the City of Chula Vista to provide EMT-
Paramedic (EMT-P) lllli! EMT Public Safety-Defibrillation
(EMT/PS-D) Services.
Fire Chief >?
City Manager tJ (4/Sths Vote: Yes_No-X.)
SUBMITTED BY
REVIEWED BY
At the Council Meeting of February 12, 1991, Council approved the appropriation of funds for
the purchase of automated external defibrillators. Because Chula Vista provides EMT -P services
under an agreement with the County, this enhanced service level must be acknowledged
contractually. The proposed agreement replicates the existing agreement except that it authorizes
Chula Vista to render EMT/PS-D services. No change to the exclusive operation area (BOA)
for EMT-P services, or any other operationally significant covenant of the existing agreement,
will result from the execution of this proposed agreement.
RECOMMENDATION: That the City Council approve the attached resolution approving
the agreement with the County.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
The County of San Diego currently maintains an agreement with Chula Vista to ensure that
EMT-P services are provided. The agreement presented for consideration today will supplant
the existing agreement in order to include the provision, by trained Fire Department staff, of
EMT/PS-D services within Chula Vista's city limits. Staff estimate that between 120 and 150
calls for EMT/PS-D services will be responded to annually here in Chula Vista. Defibrillation
is the only field administrable therapy that can significantly alter a person's chance of survival
if that person is suffering from ventricular fibrillation. In other jurisdictions, EMT/PS-D
programs have increased the survival rate of heart attack victims anywhere from 5% to 30%.
This action would have no impact on Chula Vista's operating agreement with Hartson Medical
Services.
FISCAL IMPACT: None
1. 5-1
RESOLUTION NO.~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT WITH THE
COUNTY OF SAN DIEGO REQUIRING THE CITY OF
CHULA VISTA TO PROVIDE EMT-PARAMEDIC (EMT-P)
AND EMT PUBLIC SAFETY-DEBIFRILLATION
(EMT/PS-D) SERVICES
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, at the Counci 1 meeting of February 12, 1991,
Council approved the appropriation of funds for the purchase of
automated external defibrillators; and
WHEREAS, because Chula Vista provides EMT-P services
under an agreement with the County, this enhanced service level
must be acknowledged contractually; and
WHEREAS, the proposed agreement replicates the existing
agreement except that it authorizes Chula Vista to render
EMT/PS-D services; and
WHEREAS, no change to the exclusive operation area (EOA)
for EMT-P services, or any other operationally significant
covenant of the existing agreement, will result from the
execution of the proposed agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve an agreement with the
County of San Diego requiring the City of Chula Vista to provide
EMT-Paramedic (EMT-P) and EMT Public Safety-Defibrillation
(EMT/PS-D) Services, a copy of which is on file in the office of
the Clerk Clerk.
BE IT RESOLVED that the Mayor of the City of Chula Vista
is hereby authorized and directed to execute said agreement for
and on behalf of the City of Chula Vista.
8772a
form by
Presented by
Sam LopeZ, Fire Chief
, Clty Attorney
t5'2
AGREEMENT
EMT-Paramedic And EMT/PS-Defibrillation Services
THIS AGREEMENT is made between the COUNTY OF SAN DIEGO, hereinafter
referred to as COUNTY, and CITY OF CHULA VISTA
(Corporate Name of Party)
276 FOURTH AVENUE
(street Address)
CHULA VISTA, CALIFORNIA
(City/State)
92010
(Zip)
hereinafter referred to as CONTRACTOR
Paramedic/EMT/PS-Defibri11ation Services.
to
provide
EMT-
WIT N E SSE T H:
WHEREAS CONTRACTOR possesses certain skills, experience, education
and competency to perform certain specialized services regarding
the provision and management of advanced life support; and
WHEREAS, pursuant to the provisions of Title XXII, Division 9,
Chapters 2 and 4, of the California Code of Regulations, the County
of San Diego is required to enter into a contract which authorizes
and standardizes the provision of such services within a given
region.
NOW, THEREFORE, the parties hereto do mutually agree to the terms
and conditions as attached and set forth in this document.
IN WITNESS THEREOF, COUNTY AND CONTRACTOR have executed this
AGREEMENT to be effective , 1991.
CONTRACTOR:
COUNTY:
BY:
BY:
NAME:
TITLE:
GJ:cw/CONTRACT/CHLAVSTA.AGR
15-3
AGREEMENT-CITY OF CHULA VISTA
EMT-Paramedic/EMT/PS-Defibrillation Services
Page 2
COUNTY OF SAN DIEGO
Department of Health Services
1. Administration of Aqreement
COUNTY'S Chief. Emeroencv Medical Services hereinafter called
COUNTY'S ADMINISTRATOR, shall represent COUNTY in all matters
pertaining to the performance under this Agreement and shall
administer this Agreement on behalf of COUNTY. CONTRACTOR'S
Fire Chief shall represent the CONTRACTOR and shall administer
this Agreement in accordance with its terms and conditions on
behalf of CONTRACTOR. All reports, letters, notices and/or
other correspondence shall be sent to the attention of the
designated representatives at their respective addresses.
2. Term of Aqreement
The term of this Agreement shall be from Julv 1. 1991
and will continue until mutually terminated. Termination
proceedings can be started by either party provided that a
forty-five (45) day notice of intent to terminate is given.
3. Responsibilities of Contractinq Parties
A. Responsibilities of COUNTY
1) To provide, under the authority of Section 1797 et seq.
of the Health and Safety Code, the following services:
a) Approval of the EMT-paramedic (EMT-P) and EMT/
Public Safety-Defibrillation (EMT/PS-D) training
program(s) in the County of San Diego pursuant to
California Code of Regulations, Ti tle XXII,
Division 9.
b) Standards for accreditation/authorization of EMT-
Paramedics (EMT-P's), Mobile Intensive Care Nurses
(MICN's), and EMT/PS-D's (Defibrillation) in San
Diego county, pursuant to California Code of
Regulations, Title XXII, Division 9.
c) Contracts with designated base hospitals to provide
immediate medical direction and supervision of the
ALS system for the area defined by the local EMS
agency. For the purpose of this Agreement, the
area defined is the MICU and the EMTjPS-D unit,
1S-'f
AGREEMENT-CITY OF CHULA VISTA
EMT-Paramedic/EMT/PS-Defibrillation Services
Page 3
including assigned personnel, assigned by the local
EMS Agency to the base hospital for medical
control.
2) To provide prehospital report forms in accordance with
California Code of Regulations, Title XXII, Division 9.
3)
To review this Agreement every two (2) years
compliance with standards, regulations,
procedures and protocols.
to ensure
policies,
B. Responsibilities of the CONTRACTOR
1) To provide EMT-P and EMT/PS-D Services within the
boundaries of its local jurisdiction, and within
adjoining areas as specified by agreements with
adjoining EMT-P and EMT/PS-D Service Providers.
2) To participate in the advanced life support (ALS)
program in accordance with Title XXII of the California
Code of Regulations, Division 9, Chapters 2 and 4.
3) To develop and operate EMT-P and EMT/PS-D Services in
accordance with California Code of Regulations,Title
XXII, Division 9, Chapters 2 and 4. The CONTRACTOR may
subcontract all or a portion of these services.
However, the CONTRACTOR is responsible for insuring
that any and all subcontractors provide services in
accordance with California Code of Regulations, Title
XXII, Division 9, Chapters 2 and 4.
4) To maintain and operate at least one fully equipped,
supplied and staffed EMT-P unit and one fully equipped,
supplied, and staffed EMT/PS-D unit seven days a week,
twenty-four hours a day in accordance with the
Policies, Procedures, and Protocols established by San
Diego County.
5) To staff each EMT-P responding unit with at least two
(2) EMT-P's at all times. For the purpose of this
Agreement, an EMT-P is an individual certified in the
State of California as an EMT-Paramedic, and accredited
by the San Diego County Emergency Medical Services
Medical Director to operate as an EMT-Paramedic in San
Diego County, pursuant to section 1797 et seq. of the
Health and Safety Code.
6) To staff each EMT/PS-D responding unit with at least
two(2) EMT/PS-D's at all times. For the purpose of this
Agreement, EMT/PS-D's are individuals accredited by the
San Diego Emergency Medical Services Medical Director
S
1$~
AGREEMENT-CITY OF CHULA VISTA
EMT-paramedic/EMT/PS-Defibrillation Services
Page 4
to operate as EMTjPS-D's in San Diego County, pursuant
to section 100064 of Title XXII, Division 9, Chapter 2
of the California Code of Regulations.
7) To provide the citizens of the local jurisdiction with
information on the 9-1-1 system and where and how to
obtain cardiopulmonary resuscitation (CPR) training.
8) To ensure that all EMT-P and EMT/PS-D personnel comply
with the continuous accreditation requirements of the
COUNTY.
9) To provide suitable facilities for housing the EMT-P
and EMT/PS-D units.
10) To cooperate with the approved EMT-P training programs
in providing field internship locations for paramedic
interns.
11) To develop mutual aid and/or call-up plans for
providing EMT-P service in an area in the event the
unit assigned to the area is not operable, or is away
from the area for other reasons. Automatic response
plans may be developed by the local jurisdiction with
concurrence of adjoining EMT-P services.
12) To notify the Chief, Division of Emergency Medical
Services, or designee, immediately whenever any
condi tion exists which adversely affects the local
jurisdiction's ability to meet the conditions of this
Agreement.
13) To appoint an Agency EMT-P and EMT/PS-D coordinator, to
serve as liaison between the Agency, the County, base
hospitals, receiving hospitals, BLS provider agencies
and Public Safety Agencies operating within the service
area.
14) To provide orientation for first responder agencies to
advanced life support functions and role.
15) To provide for a planned maximum response time of no
more than ten (10) minutes.
16) To participate in local Emergency Medical Services
planning activities, including disaster management.
17) To comply with all applicable State statutes and
regulations and County standards, policies, procedures
and protocols, including a mechanism to assure
~
t5-~
AGREEMENT-CITY OF CHULA VISTA
EMT-paramedic/EMT/PS-Defibrillation Services
Page 5
compliance.
18) To implement and maintain a Quality Assurance program
that interfaces with the local EMS agency's system-wide
Quality Assurance program, which include base
hospitals, and is approved by the local EMS agency.
19) To take immediate corrective action where there is a
failure to meet "Responsibilities of the CONTRACTOR".
4. Contractor's Standards
CONTRACTOR shall adopt CONTRACTOR'S own standards for the
purposes of paragraph 3.B above and shall monitor the Service
Provider's compliance with them.
5. Notice
A. Notices Pursuant To This Aqreement -- Any notice or notices
required or permitted to be given pursuant to this
Agreement may be personally served on the other party by
the party giving such notice, or may be served by certified
mail or registered mail, to the officials cited in
paragraph one (1).
B. Notice of Delav -- CONTRACTOR shall, within five (5) days
of the beginning of any delay in the performance of this
Agreement, notify the COUNTY'S ADMINISTRATOR, in writing,
of the said delay, causes and remedial action to be taken
by CONTRACTOR.
6. Amendments. Minor Chanqes and Termination
A. Amendments -- COUNTY or CONTRACTOR may request written
amendment to this Agreement. Such amendments, as agreed
upon in writing, by and between COUNTY'S DIRECTOR,
DEPARTMENT OF HEALTH SERVICES and CONTRACTOR are not in
force until approved by the Board of Supervisors and the
COUNTY.
B. Termination of Aqreement for Cause -- Upon breach of this
Agreement, COUNTY shall have the right to terminate this
Agreement by giving written notice to CONTRACTOR of such
termination and specifying the effective date of such
termination.
c. Termination of Aqreement for Convenience -- Either party
may terminate this Agreement upon forty-five (45) days
-,
tS~
AGREEMENT-CITY OF CHULA VISTA
EMT-Paramedic/EMT/PS-Defibrillation Services
Page 6
written notice to the other party.
7. Independent Contractor
Independent Contractor -- It is agreed that CONTRACTOR shall
perform as an independent contractor under this Agreement.
CONTRACTOR is, for all purposes arising out of this Agreement,
an independent contractor, and shall not be deemed an employee
of COUNTY. It is expressly understood and agreed that
CONTRACTOR shall in no event be entitled to any benefits to
which COUNTY employees are entitled, including, but not
limited to, overtime, any retirement benefit, worker's
compensation benefits, and leave benefits.
8. Subcontracts of CONTRACTOR
Subcontract All subcontracts for EMT-P and EMT/PS-D
Services entered into by CONTRACTOR shall be in writing and
the subcontractor shall be authorized by the COUNTY to deliver
such services in accordance with Title XXII of the California
Code of Regulations, Division 9, Chapters 2 and 4.
No such subcontract shall act to terminate any legal
responsibility of CONTRACTOR to COUNTY to assure complete
performance of all activities and functions required of
CONTRACTOR under this Agreement.
9. confidentiality
CONTRACTOR shall maintain the confidentiality of its records,
including billings, in accordance with all applicable State
and Federal laws relating to confidentiality. CONTRACTOR
shall inform all its officers, employees and agents, and
others providing services hereunder of said confidentiality
provisions. COUNTY shall maintain the confidentiality of all
records made available hereunder during and after the terms of
this Agreement.
10. Maintenance of Records
All administrative records under this Agreement shall be
maintained by the CONTRACTOR for a minimum of five years after
termination date. COUNTY, at its option, may take custody of
a copy of CONTRACTOR'S non-patient administrative records
related to this Agreement upon contract termination.
11. Fiscal and Performance Audits. and Inspection of Records
Authorized Federal, State or County representatives shall have
i
1~'::<I--
AGREEMENT-CITY OF CHULA VISTA
EMT-Paramedic/EMT/PS-Defibrillation Services
Page 7
the right to monitor, assess and evaluate CONTRACTOR'S
performance pursuant to this Agreement, said monitoring,
assessments and evaluations to include but not be limited to
audits, inspection of premises, reports, patient records and
interviews of staff. At any time during normal business hours
and as often as COUNTY may deem necessary, CONTRACTOR shall
make available to County, state, or Federal officials for
examination all of its records with respect to all matters
covered by this Agreement and will permit authorized County,
state, or Federal officials to audit, examine, copy and make
excerpts or transcripts from such records, and to make audits
of all invoices, materials, information regarding patients'
receiving services, and other data relating to all matters
covered by this Agreement.
12. Compliance with Laws and ReQu1ations
A. COUNTY Affirmative Action Proqram - The CONTRACTOR, sub-
contractors and suppliers of the CONTRACTOR, shall comply
with the requirements of the COUNTY'S Affirmative Action
Program for vendors as set forth in Article III-K of the
Code of Regulations of the COUNTY OF SAN DIEGO, unless,
specifically exempted in accordance with the Article's
rules and regulations.
(1) Eoual Opportunitv - CONTRACTOR will comply with the
provisions of Title VI of the civil Rights Act of 1964
(42 USC 2000 as amended by the Equal Opportunity Act of
March 24, 1972, Public Law No. 92-261) in that it will
not discriminate against any employee, or against any
applicant of such employment because of age, race,
color, religion, sex, physical handicap, ancestry or
national origin. This provision shall include but not
be limited to the following: employment, upgrading,
demotion, or transfer; recruitment advertising; layoff
or termination; rates of payor other forms of
compensation; and selection of training, including
apprenticeship.
(2) Nondiscrimination CONTRACTOR shall ensure that
services and benefits are provided without regard to
race, color, religion, sex, age, or national origin in
accordance with Title VI, of the civil Rights Act of
1973, as amended (29 USC 794), pertaining to the
prohibi tion of discrimination against qualified
handicapped persons under any program or activity which
receives or benefits from Federal financial assistance.
'1'
j.S~
AGREEMENT-CITY OF CHULA VISTA
EMT-ParamedicjEMTjPS-Defibrillation Services
Page 8
13. Hold Harmless
CONTRACTOR agrees that its performance under this Agreement is
at its own risk and that it shall indemnify the COUNTY OF SAN
DIEGO, its agents and employees, against and hold them
harmless from any and all liabilities, both real and alleged,
for damages, cost, losses and legal and investigative expenses
resulting from, arising out of or in any way connected with
CONTRACTOR'S alleged negligence, wrongful performance, or
failure to perform fully under this Agreement. CONTRACTOR
further agrees to defend the COUNTY OF SAN DIEGO, its agents
and employees, against all suits, actions or proceedings
brought by any third party against them, for which CONTRACTOR
would be liable or be alleged to be liable hereunder.
COUNTY shall defend, indemnify and hold harmless CONTRACTOR,
its agents and employees, against and hold them harmless from
any and all liabilities, both real and alleged, for damages,
cost, losses and legal and investigative expenses resulting
from, arising out of or in any way connected with COUNTY'S
alleged negligence, wrongful performance, or failure to
perform fully under this Agreement. COUNTY further agrees to
defend the CONTRACTOR, its agents and employees, against all
sui ts, actions or proceedings brought by any third party
against them, for which COUNTY would be liable or be alleged
to be liable hereunder.
14. Druq and Alcohol-Free Workplace
As a material condition of this Agreement, the CONTRACTOR
agrees that the CONTRACTOR and the CONTRACTOR I S employees,
while performing service for the COUNTY, on COUNTY property,
or while using COUNTY equipment;
A. Shall not be in any way impaired because of being under the
influence of alcohol or a drug.
B. Shall not possess an open container of alcohol or consume
alcohol or possess or be under the influence of an illegal
drug.
C. Shall not sell, offer, or provide alcohol or a drug to
another person.
Item C shall not be applicable to a
CONTRACTOR employee, who, as part of the
normal job duties and responsibilities
administers medically prescribed drugs.
CONTRACTOR
performance
prescribes
or
of
or
(0
15 :JJ::-
AGREEMENT-CITY OF CHULA VISTA
EMT-ParamedicjEMTjPS-Defibrillation Services
Page 9
The CONTRACTOR shall inform all employees that are performing
service for the COUNTY on COUNTY property or using COUNTY
equipment, of the COUNTY objective of a safe, healthful
and productive work place and the prohibition of drugs or
alcohol use or impairment from same while performing such
service for the COUNTY.
15. Area To Be Served
County hereby designates as the exclusive operating area (EOA)
for EMT-Paramedic services for this agreement the
jurisdictional limits of the Bonita-Sunnyside Fire Protection
District and the cities of Chula vista and Imperial Beach, and
as the EOA for EMTjPS-Defibrillation services the jurisdic-
tional limits of the City of Chula vista.
GJ:cwjCONTRACTjCHLAVSTA.AGR
II
t~~