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HomeMy WebLinkAbout1991/05/28 Item 9 COUNCIL AGENDA STATEMENT "RESDt.lJTION 1l..11(' Item ~ Meeting Date OS/28/91 SUBMITTED BY Approving agreement with Scripps Memorial Hospital of Chula Vista for the provision of Emergency Medical Technician/Public Safety-Defibrillation (EMT/PS-D) base hospital and medical control services. Fire Chief ~ City Manager} h~ (4/5ths Vote: Yes_No-X) ITEM TITLE REVIEWED BY RECOMMENDATION: Approve the resolution BOARDS/COMMISSIONS RECOMMENDATION: DISCUSSION: At the Council meeting of April 23, 1991, Council approved an agreement with the County authorizing the Fire Department to provide EMT/PS-D services. That agreement specifies, by reference to State regulations, that a base hospital be contracted with for purposes of implementing and maintaining a Quality Assurance Program in compliance with County standards. Under this agreement Scripps Hospital will: I) provide a medical director to oversee the EMT/PS-D program; 2) be responsible for reporting all required operating information, statistics and other data to the County; 3) provide on-site training as stipulated by the County; 4) audit and evaluate each EMT/PS-D run with Fire Department staff; and, 5) maintain related records and notify Fire personnel who are delinquent in their training. FISCAL IMPACT: Scripps will be reimbursed for these services via a reduction in debt obligation to the City of $90.00 per EMT/PS-D run and $30.00 per month/per shift for requisite training. These charges will result in a reduction of the debt obligation anywhere from $12,000 to $14,000 annually, depending upon the number of defibrillation calls. Scripps acquired this obligation when it purchased Bay General Hospital in 1986. The original value of the debt was $250,000 in cash and $650,000 in in-kind services. The debt obligation is governed by a separate contract between Scripps and the City which is now set to expire in September, 1993. Currently, approximately $300,000 worth of in-kind services are still owed the City; the cash debt has been retired. q-l/ q-L RESOLUTION NO.~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT WITH SCRIPPS MEMORIAL HOSPITAL OF CHULA VISTA FOR THE PROVISION OF EMERGENCY MEDICAL TECHNICIAN/ PUBLIC SAFETY-DEFIBRILLATION (EMT/PS-D) BASE HOSPITAL AND MEDICAL CONTROL SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, at the Council meeting of April 23, 1991, Council approved an agreement with the County authorizing the Fir Department to provide EMT/PS-D services; and WHEREAS, that agreement specifies, by reference to State regulations, that a base hospital be contracted with for purposes of implementing and maintaining a Quality Assurance Program in compliance with County standards; and WHEREAS, under this agreement, Scripps Hospital will (1) provide a medical director to oversee the EMT/PS-D program; (2) be responsible for reporting all required operating information, statistics and other data to the County; (3) provide on-site training as stipulated by the County; (4) audit and evaluate each EMT/PS-D run with Fire Department staff; and (5) maintain related records and notify Fire personnel who are delinquent in their training. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve an Agreement with Scripps Memorial Hospital of Chula Vista for the provision of Emergency Medical Technician/Public safety-Defibrillation (EMT/PS-D) base hospital and medical control services, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of Chula vista is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula vista. Presented by Approved as to form by Sam Lopez, Fire Chief DliJ...j ~ 4:",/11 D. Richard Rudo~, Assistant City AttorneyL/ 8896a 9-3 I OJ - If AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SCRIPPS MEMORIAL HOSPITAL OF CHULA VISTA FOR EMERGENCY MEDICAL TECHNICIAN-DEFIBRILLATION (EMT-D) PROGRAM This Agreement is made" this 1st day of June, 1991, and effective as of the date last executed by and between SCRIPPS MEMORIAL HOSPITAL OF CHULA VISTA, (hereinafter referred to as .SCRIPPS MEMORIAL.) Department of Emergency Medical Services and the CITY OF CHULA VISTA, (hereinafter referred to as .CITY.), having its principal place of business at 276 Fourth Avenue, Chula Vista, CA 91910, and is made with reference to the following: RECITALS WHEREAS, Section 100064 of Title 22, California Code of Regula tions, the County of San" Diego requires fi rst responder, provider agencies seeking program approval for the provision of Emergency Medical Technician-Defibrillation services within San Diego County, to enter into an agreement with a designated base hospital for medical control; and WHEREAS, SCRIPPS MEMORIAL has agreed to serve as base hospital and to provide medical control services for CITY Emergency Medical Technician-Defibrillation (EMT-D) Program in accordance with the provisions of Title 22 of the California Code of Regulations and the County of San Diego's EMT-D policies and protocols; and WHEREAS, SCRIPPS MEMORIAL and CITY desire to enter into this Agreement for the purpose of setting forth details regarding the scope of the parties' duties, responsibilities, and compensation under this Agreement. NOW, THEREFORE, BE IT RESOLVED that SCRIPPS MEMORIAL and CITY do hereby mutually agree as follows: I . TERM The term of this Agreement shall be one (1) year commencing June 1, 1991 and terminating May 31, 1992. a. TERMINATION FOR CAUSE Either party shall have the right to terminate this Agreement by providing thirty (30) days prior written notice by certified mail to the other party at the address stated hereinbelow if the party to whom such notice is given is in breach of any material provision of this Agreement. The '1-5 party claiming the right to terminate hereunder shall set forth in a written notice of intended termination the facts underlying its claim that the other party is in breach of this Agreement. Acceptance or remedy of such breach within twenty (20) days of the receipt of such notice shall revive the Agreement in effect for the remainder of the term subject to any other rights of termination contained in this Agreement. b. TERMINATION WITHOUT CAUSE Notwithstanding any other term or provision of this Agreement, either party may terminate this Agreement without cause upon providing forty-five (45) days prior written notice by certified mail to the other party at the address stated hereinbelow. II. SCRIPPS MEMORIAL RESPONSIBILITIES. Scr ipps Memor ial agrees to meet and to assume the following duration of this Agreement: the following requirements responsibilities for the Provide a medical director to oversee and approve the general operating procedures and protocols of the EMT-D Program provided by CITY. The medical director or designee shall audit all EMT-D runs and report any deficiencies in patient care or defibrillation skill proficiency to the Medical Director of Emergency Medical Services (EMS) County of San Diego within forty-eight (48) hours. Be responsible for data entry and statistical analysis of EMT-D data and submit a yearly report to County Division of EMS. Offer on-site structured clinical EMT-D training sessions and/or provide an organized EMT-D field care audit of EMT-D runs at least once per month for first six (6) months and every quarter thereafter. Provide on-site opportunities monthly for first slx months of operation and every three months thereafter for the EMT-D's to demonstrate defibrillation skill prOficiency to the satisfaction of the Base Hospital Defibrillation Medical Director or designee. Comply with all applicable provisions of the California Health and Safety Code and all applicable regulations under the California Code of Regulations, Title 22, Division 9. Keep the continuing education records for all the EMT-D's and notify of each individual who is delinquent. -2tt~ III. CITY RESPONSIBILITIES. city agrees to meet the following requirements and to assume the following responsibilities for the duration of this Agreement: Assure that each EMT-D attends a structured EMT-D clinical training session related to EMT-D proficiency or attend an organized EMT-D field care audit in which EMT-D defibrillation skills are used at least once every three (3) months. Assure that proficiency designee at and then at EMT-D personnel demonstrate defibrillation skill to the SCRIPPS MEMORIAL Medical Director or least once a month for the first six (6) months least once every three (3) months thereafter. Be responsible for delivering tape and medical control unit to the BASE HOSPITAL wi thin twenty-four (24) hours of the time of the run in which EMT-D defibrillation was performed. In addition, these items will be accompanied by a defibrillation pre-hospital report form (DHS2EMS-115). Have a semi-automatic defibrillator and related equipment available at sessions for demonstration of defibrillation skills proficiency (at least monthly for first six (6) mon ths and once every three (3) months thereafter, or more often, as deemed necessary by SCRIPPS MEMORIAL). Provide an adequate facility for sessions. Adhere to the San Diego County Division of EMS policies, procedures, and protocols. IV. COMPENSATION Beginning on the Commencement Date, projected to be June 1, 1991, and continuing throughout the term of this Agreement, the CITY shall pay SCRIPPS MEMORIAL for the services provided hereunder. A billing invoice shall be rendered at the end of every month and delivered by the Director of Patient Accounting at Scripps Memorial-Chula Vista to the Fire Chief. payment shall be in the form of reduction of the service obligation from SCRIPPS MEMORIAL to the CITY, as described in City Council Resolution No. 12704, dated September 4, 1986, and its accompanying agreement between the CITY and SCRIPPS MEMORIAL. Fees shall be in accordance with the fee schedule set below. -~"l EMT-D RUN FEE $90.00 per run includes: -Medical QA audit of run -Data entry -Statistical analysis -Yearly County report -On-site evaluation with firefighters MONTHLY CRITIQUE AND TRAINING SESSIONS $30.00 per month per shift (12 months/year) includes: -On-site sessions with each shift (3) -Equipment for sessions -Record keeping V. INDEMNITY CITY shall defend, indemnify, and hold harmless SCRIPPS MEMORIAL, its officers, agents, and employees from and against all losses and expenses (including costs of reasonable attorney's fees) by reason of liability for damages imposed because of bodily in jury, personal injury, including death at any time resulting therefrom, sustained by any per son or per sons or on account of damage to proper ty, including loss of use thereof, arising out of or in consequence of CITY performance under this Agreement, including but not limited to its EMT-D Program. Such provisions, however, shall apply only to the extent such injuries to persons or damage to property are caused by or result from the negligent or intentional acts or omissions of CITY, its officers, agents, and employees. SCRIPPS MEMORIAL shall defend, indemnify, and hold harmless its officers, agents, and employees from and against all losses and expenses (including costs of reasonable attorney's fees by reason of liability for damages imposed because of bodily injury, personal injury, including death at any time resulting therefrom, sustained by any person or persons or on account of damage to property, including loss of use thereof, arising out of or in consequence of SCRIPPS MEMORIAL performance under this Agreement, including but not limited to the provision of Defibrillation Program services. Such provisions, however, shall apply only to the extent such injuries to persons or damage to property are caused by or result from the negligent or intentional acts or omissions of SCRIPPS MEMORIAL, its officers, agents, and employees. -tr..<l VI. GENERAL CONDITIONS AND OBLIGATIONS Notices, requests, and other communications shall be in writing and shall be sent by mail to CITY or SCRIPPS MEMORIAL, at their respective addresses: CITY OF CHULA VISTA Sam G. Lopez, Fire Chief 447 wFw St. Chula Vista, CA 91910 SCRIPPS MEMORIAL HOSPITAL OF CHULA VISTA Jeanne Binder, RN Base Hospital Nurse Coordinator 435 wHw St. Box 1537 Chula Vista, CA 91912-1537 If any provisions hereof shall be judged to be unlawful or contrary to public pOlicy, then that provlslon shall be deemed to be null and separable from the remaining provisions hereof and shall in no way affect the validity of the remainder of this Agreement. It is expressly understood that the relationship of Scripps Memorial to City shall be that of an independent contractor, and that its rights, duties and obligations as such are to be determined solely by reference to the terms of this Agreement. SCRIPPS MEMORIAL alone shall be responsible for the method and manner in which it and its employees carry out the duties imposed on it in this Agreement. No partnerShip or joint venture is intended to be created by this Agreement, or otherwise as between the parties. Except to the extent, if any, expressly authorized in writing by the other, neither party will have any power or authority, whatsoever, to enter into any contractual relationship on behalf of the other or to bind the other party by contract or otherwise. Neither party shall be responsible to the other for any losses resulting from the failure to perform any, ,terms or provisions of this Agreement, except for payments of monies owed, if that party's failure to perform is attributable to war, riot, or other disorder: strike or other work stoppage: fire: flood: or any other act not within the control of the party who fails to perform provided that said party could not, by reasonable diligence, such party is unable to prevent the condition to which the failure is attributable. -5-'1_9 . This Agreement will be binding and inure to the benefit of the parties, their respective successors and assigns: provided, however, that SCRIPPS MEMORIAL will have no right, without the prior written consent of CITY, to delegate any of its obligations under this Agreement. In the event of litigation between the parties arlslng directly or indirectly out of this Agreement, the pr-evailing party shall be entitled to recover its costs and reasonable attorney's fees, in addition to all other available rights and remedies. Records developed by the parties and Agreement shall be maintained for a period following the completion of this Agreement. related of four to ( 4 ) this years This Agreement sets forth the entire Agreement between the parties and is sUbject to no promise, representation or warranty not expressly set forth herein. This Agreement may not be modified except by an instrument in writing signed by both parties. This Agreement shall be governed by, construed and interpreted in accordance with he laws of the State of California. Signed as of the date set forth above. SCRIPPS MEMORIAL HOSPITAL CITY OF CHULA VISTA BY BY TITLE TITLE: Mayor DATE DATE ATTEST: Beverly Authelet City Clerk ,.- APPROVED AS TO FORM: DiIL:L.,{ ''1>>.6 D. RICHARD RUDOLF ASSISTANT CITY ATTORNEY 889Ba -6q,lO