Loading...
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~~