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HomeMy WebLinkAboutCC Resolution 8509 (Basic Live Support)RESOLUTION 8509 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The Vice -Mayor and City Clerk are authorized to execute on behalf of the City of San Rafael, a contract, with UNITED AMBULANCE SERVICE TO PROVIDE BASIC LIVE SUPPORT EMERGENCY AMBULANCE SERVICE TO PARAMEDIC AREA B (Sixty Month Contract, From September 16, 1991, Through September 15, 1996, Termination Notice By Either Party) a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a REGULAR meeting of the City Council of said City held on MONDAY. the 16TH day of SEPTE.UUR . 1991 by the following vote, to wit: AYES: COUNCILMEMBERS:Boro, Shippey, Thayer & Vice Mayor Breiner NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:Mayor Mulryan JE k M. LEONCI I, City Clerk IRIGIIIAL AMBULANCE SERVICE CONTRACT THIS AGREEMENT is made this 16-th day of September , 1991, by and between the City of San Rafael (City), a chartered City of the State of California and United Ambulance Service (herein referred to as the Contractor). RECITALS WHEREAS, it is desirable and in the general public interest, convenience and welfare that Paramedic Service Area B receive prompt, efficient and proper emergency ambulance services; and WHEREAS, the City further desires, in accordance with the exercise of its general police powers, to assure an emergency ambulance service for all persons injured or otherwise in- capacitated in Paramedic Service Area B; and WHEREAS, the City's Paramedic Ambulance will only transport those persons determined to have sustained injuries requiring Paramedic Services; and WHEREAS, an alternative means of transportation other than the City Paramedic Ambulance is required from the private sector to provide Basic Life Support (BLS) emergency ambulance service to Paramedic Service Area B; and WHEREAS, Contractor is equipped to provide efficient and professional emergency ambulance service for Paramedic Service Area B. NOW, THEREFORE, the parties agree as follows: AGREEMENT 1. TERM The term of this contract shall be sixty (60) months from the date of its execution, and may be extended with the consent of both parties for a specific time period not to exceed sixty (60) months, unless ter- minated by either party by giving written notice to the other party thirty (30) days in advance of the termina- tion date. 2. RESPONSIBILITIES OF CONTRACTOR (a) Contractor will provide BLS emergency ambulance service to Paramedic Service Area B. (b) By providing ambulance services, Contractor shall employ its own qualified personnel. Such personnel shall conform to all applicable requirements and standards of local, State and Federal law. (c) Contractor shall be solely responsible for providing on-going training for its ambulance personnel, as well as to provide replacement medical emergency equipment in keeping with company standards. Contractor shall also arrange for on-going training of its ambulance personnel for the additional reason so as to maintain and/or upgrade their accreditation and certification. Page 2 (d) Contractor shall provide a maximum response time of fifteen (15) minutes in 90% of Code 2 calls and ten (10) minutes in 90% of Code 3 calls. "Response times" are defined as the amount of time consumed from the time of dispatch to the time the ambulance is on the scene of an incident. (e) Contractor will provide that the closest available ambulance will respond to Code 3 calls when City's Paramedic Ambulance is unavailable. (f) Contractor will provide personnel, equipment and insurance as required by the City. (g) Contractor will provide thirty (30) days written notification to the City prior to any proposed changes in their existing Rate Schedule. (h) In providing ambulance services, Contractor shall conform to all applicable professional standards of competence and performance. (i) Contractor will provide a station in Paramedic Service Area B for standby purposes. (j) Contractor will, when notified by San Rafael Fire Dispatch, "shadow" the Fire Department Paramedic Unit, thus minimizing the time on the call for Paramedic Unit and response time for the BLS Unit. (k) Contractor will demonstrate financial responsibility through a certified, written statement from their Page 3 accountant indicating the Contractor's profitability during the past two (2) years based on the accoun- tant's knowledge of the Company and tax returns. (1) Contractor will, prior to assigning an employee to a BLS Ambulance, have the employee complete an eight (8) hour orientation ride -along with the San Rafael Fire Department. (m) Contractor will pay the City an initial Dispatch Service Fee of twenty five ($25) dollars for each Fire Department initiated dispatch when the Contractor receives payment for the City Dispatch Service Fee. The City and Contractor shall annually review the Dispatch Service Fee to insure the applicability of the fee and revise if appropriate. (n) The Contractor will not charge the City a fee for Ambulance responses made as a result of an emergency initiated through San Rafael Fire Dispatch that does not result in the transportation of the patient. 3. RESPONSIBILITIES OF CITY (a) The City shall not contract for BLS Ambulance Service with another company during the term of this Contract. (b) The City will ensure that the patient assessment will have been completed and that the patient will be ready for immediate transportation when Contractor's BLS ambulance arrives on the scene. Page 4 4. INDEPENDENT CONTRACTORS None of the provisions of this Agreement are intended to create, nor shall be deemed or construed to create any relationship between Contractor and the City other than that of independent entities contracting with each other solely for the purpose of effecting the provisions of this Agreement. Neither the Contractor, the City, nor any of their respective agents or employees shall be construed to be the agent, employee or representative of the other. 5. LIABILITY, INDEMNITY AND INSURANCE (a) Contractor shall take and maintain for the duration of this contract Commercial General Liability insurance with limits no less than $1,000,000.00 against claims for injuries to persons or damages to property which may arise from or in connection with the performance of this agreement hereunder by Contractor, its agents, representatives, employees or subcontractors. 1. Contractor shall provide City with original endorsements to the general liability policy showing the City, its officers, and employees as additional insured. 2. For any claims related to the performance of this agreement, Contractor's insurance shall be Page 5 primary insurance as respects City, its offices and employees. Any insurance or self-insurance maintained by the City, its officers, and employ- ees, shall be excess of the Contractor's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City its officers, officials, and employees. 4. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled by Contractor, reduced in coverage or in limits except by certified mail, return receipt requested, has been given to City. (b) Contractor shall indemnify and hold harmless City and its officers, officials, employees and agents from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of this Agreement, caused in whole or in part by any active or passive negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active, sole negligence, or willful misconduct of Page 6 the City. (c) The Contractor, at its sole expense, shall be respon- sible for taking out, paying and maintaining the liability and casualty insurance premiums for each of its ambulances. (d) The Contractor, at its sole expense, shall maintain adequate comprehensive general liability insurance ($1,000,000.00) and such other insurance as shall be necessary to insure its employees and agents against any and all claims for damage for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from the duties and obligations of this Agreement. 6. DISAGREEMENTS (a) Contractor and City agree to submit any claims arising under this lease to binding arbitration pursuant to the current provisions of the California Code of Civil Procedure and any successor statutes. 7. FORCE MAJEURE Neither party shall be liable or deemed to be in default for any delay or failure in performance under this Agreement or other interruption of service deemed resulting, directly or indirectly from acts of God, civil or military authority, acts of terrorism or of a public enemy, war, fires, explosions, earth - Page 7 quakes, floods, vandalism, or any other similar cause beyond the reasonable control of either party. However, both parties shall make good faith efforts to perform under this Agreement in the event of any such circumstance. 8. ENTIRE AGREEMENT This Agreement constitutes the entire agreement, both written and oral, between the parties, and all prior or contemporaneous agreements respecting the subject matter hereof, whether written or oral, expressed or implied, are superceded. This Agreement may be modified only by written agreement signed by both of the parties. 9. SEVERABILITY If any part or provision of this Agreement is held to be void, inoperative, or unenforceable for any reason, such fact shall not affect any other part or provi- sion, and the remaining portions of the Agreement shall continue in full force and effect. The portion or portions of the Agreement held to be inoperative shall be subject to re -negotiation and agreement by the parties on such terms as will be lawful, valid, and enforceable. 10. INUREMENT This Agreement shall insure to the benefit of and be Page 8 binding upon the parties, their legal representative, successors and assigns. 11. WAIVER The waiver by either party of one or more defaults or breaches of the Agreement on the part of the other shall not be construed to operate as a waiver of any previous or subsequent defaults or breaches. 12. GOVERNING LAW This Agreement and any disputes arising hereunder shall be governed by the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the day and year set forth above. CITY OF SAN RAFAEL C�P- 44e �'Dorothy L1. Breiner, Vice Mayor ATTEST: A JEANNI� M. LEONC NI, City Clerk Page 9