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HomeMy WebLinkAboutResolution No. 5825 (Bay Cities Ambulance Service)RESOLUTION NO. 5825 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael a contract, lease or agreement with BAY CITIES AMBULANCE COMPANY FOR BASIC LIFE SUPPORT AMBULANCE SERVICE a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a special Friday meeting of the City Council of said City held on the 21st day of following vote, to wit: December , 19 79 by the AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen JAN�M�A�INI�,ity Clerk �'IT( r AT""�� AMBULANCE SERVICE AGREEMENT This Agreement, made and entered into the 28th day Of neeember , 1979, by and between the City of San Rafael, a Chartered City hereinafter called "City", and Bay Cities Ambulance Co. hereinafter called "Contractor". 1.17 TRIC CCCTU WHEREAS, it is mutually desirable and for the general public interest, convenience, and welfare that the entire Para- medic Service Area B receive prompt, efficient and proper Ambu- lance service; 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 incapaci- tated in Paramedic Service Area B; and WHEREAS, the City's Paramedic Ambulance will only trans- port those persons determined to have sustained such injuries re- quiring paramedic service; and WHEREAS, an alternative means of transportation other than the City's Paramedic Ambulance will be required from the private sector. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: I. Definitions The following definitions shall apply throughout this agreement: A. Ambulance: Any vehicle licensed as an ambulance by the California Highway Patrol. B. Ambulance Unit: An ambulance staffed with qualified personnel and equipped with appropriate medical equipment and supplies. C. Ambulance Staff: Ambulance driver and attendants. D. City: The City of San Rafael. E. Contractor: An ambulance company entering into an agreement with the City to provide emergency ambu- lance service. F. County: The County of Marin. G. Dry Run: Any ambulance trip made as a result of an emergency call which does not result in the trans- portation of a patient. a t'�F AMBULANCE SERVICE AGREEMENT Page 2 H. Emergency: Any call for ambulance service shall be deemed an emergency unless specifically described otherwise by the requesting party. I. Emergency Medical Technician I: Any person currently certified as an Emergency Medical Technician I by the State of California, and who meets any additional requirements that may be imposed by the County Health Officer. J. Emergency Facility: A hospital or other institution staffed and equipped to provide emergency medical services. K. Good Moral Character: The following are indicative of good moral character: the absence of any addiction to or excessive use of narcotics or intoxicating liquors; the absence of engagement in immoral, infamous, or dis- graceful conduct; the absence of any felony convictions; the absence of any false statement of material fact or practice of fraud or deception in connection with any test, application, or examination relating to the duties and qualifications required under this agreement; the absence of any misdemeanor conviction (s) involving moral turpitude. L. On -Duty Personnel: Two Emergency Medical Technician I's trained and certified as required herein, who are sta- tioned at the same location as the ambulance unit and are capable and qualified to respond immediately to any emergency call. M. Paramedic Service Area B: This area includes the City of San Rafael, CSA 13 & 19 and Marinwood. N. Procedures Manual: A written document or guide which is intended for reference and for instruction to aid ambulance personnel in the handling of emergency situations. 0. Responsible Third Party Payor: Any federal or state medical care program under which a patient is eligible for benefits, or any person, partnership, association, corporation, or other entity under a contractual or legal obligation to provide medical benefits to a patient. P. Termination: The permanent cessation of the rights and obligations of the parties under this agreement. Q. Zone of Responsibility: A specified geographical area defined by the County as Paramedic Service Area B, which area shall become the Contractor's primary responsibility for the provision of emergency ambulance services as herein provided. AMBULANCE SERVICE AGREEMENT Page 3 II. Services: In lieu of payment from the City and for the primary right to provide ambulance service in Paramedic Service Area B, the Contractor shall perform the following services to the complete satisfaction of the City: A. To complete all billing at no cost to the City for non- resident Paramedic Service an appropriate amount as de- termined by the City Council. To bill the non-resident at least three (3) times, with the third billing to be with certificate of mailing receipt within a one -hundred - eighty (180) day period after Paramedic Service has been rendered to an individual. Upon receipt of the payment, the money shall be forwarded to the City of San Rafael Finance Department. The Contractor upon request should show evidence of billing efforts. B. City will not reimburse the Contractor for dry runs or non-payment of insurance, including MediCal, Medicare, or any other insurance plan or coverage. It will be the sole responsibility of the Contractor to collect for such billing. C. Operate continuously and without interruptions for twenty-four (24) hours each day, and for seven (7) days each week, one (1) ambulance exclusively for use in Paramedic Service Area B, and located within Area B. D. Transport all patients to the nearest appropriate hos- pital unless specifically directed otherwise by the patient or attending physician. If conflict arises re- garding the patient, his condition, the hospital desti- nation, the rate of travel, the method of handling, or other matter of diverse opinion which might result in delay of treatment or other potential harm to the patient, the person in charge of the ambulance shall follow the dictates of the Paramedic or communicate immediately and directly through the medical network radio with an emergency facility to receive instruction from the Emergency Physician on duty regarding the dis- position of the case and/or the method of handling. E. Provide such replacement staff and equipment as neces- sary to ensure continuous, uninterrupted compliance with the terms of the agreement. F. Ensure that all services provided pursuant to the agree- ment are in accordance with existing and future state, federal and local regulations. AMBULANCE SERVICE AGREEMENT Page 4 II. G. In the event the City's Paramedic Ambulance is placed out of service for normal preventive maintenance or repairs not exceeding three (3) working days the Contractor shall provide the City with an ambulance and driver. The City shall reimburse the Contractor for such services as previously arranged before signing of this agreement. Periods longer than three (3) working days shall be negotiated between the City and Contractor with respect to reimbursement. III. Personnel. Throughout the life of this agreement, the Con- tractor shall employ ambulance personnel who meet or exceed the requirements specified in this section. A. Ambulance staff shall consist of at least one driver and one attendant for each ambulance in service, and housed at the same location as the ambulance at all times. Each staff member shall be at least 18 years of age, both of whom shall wear clean uniforms, who shall be neat and clean and whose face shall be shaven, who shall be physically capable of performing the duties re- quired of them, and who shall be of good moral character. B. Ambulance Staff at time of hire shall be currently certi- fied by the State of California as Emergency Medical Technicians 1. C. At least annually, ambulance staff shall participate in at least 2 hours of refresher training course in Cardio - Pulmonary Resuscitation and demonstrate proficiency in the techniques according to the standards of the American Health Association. D. At least every two years, the Emergency Medical Tech- nician 1 shall participate in an approved refresher course. E. Ambulance driver shall have in his possession at all times a valid California Driver's License and a current Ambulance Driver's Certificate issued by the California Department of Motor Vehicles. F. Provide management personnel, actively engaged in the operation of the Contractor's business, who are of good moral character. AMBULANCE SERVICE AGREEMENT IV. Equipment. Page 5 A. Each ambulance shall carry such emergency supplies and equipment as provided for in the California Highway Patrol ambulance requirements and as set forth in Attachment A of this agreement. B. Operate and maintain ambulance and equipment in a man- ner which will not endanger life or property, and in accordance with all existing and future state, federal and local regulations. V. Communications. A. All ambulances required by the terms of the contract shall be equipped with a two-way radio on the San Rafael Fire Department frequency and medical net radios appli- cable to communicate with emergency facilities. B. Approved radio equipment must be installed prior to providing emergency service and at the expense of the Contractor. C. Contractor shall operate two-way radios in conformance with all applicable rules and regulations of the FCC. D. Contractor shall provide at his expense a direct tele- phone line between the Fire Departments Communication Center and his central dispatch office within Marin County. E. Contractor shall inform Fire Department Communication of any change in availability, location, and status of any vehicle utilized within Paramedic Service Area B, in or out of service. F. It shall be the Contractor's responsibility to insure that an ambulance is always available for response to emergencies in Paramedic Service Area B, but may make arrangements with other contractors to insure backup ambulance only if the ambulances are equipped with the applicable medical net radio. G. Take prompt action to correct any and all operator and/or equipment irregularities in violation of FCC regulation upon notification. H. Contractor will be responsible for the maintenance and repair of all radios required in the course of this agreement. AMBULANCE SERVICE AGREEMENT VI. Insurance. Page 6 A. Contractor shall carry, at his own expense, Comprehen- sive Public Liability and Professional Liability Insur- ance in the amount not less than $500,000 for injuries or death to one person and $1,000,000 for injuries or death to more than one person in one accident, and Property Damage Insurance in the amount of not less than $50,000. B. Contractor shall file a certificate of such coverage with the City Manager within ten days of acceptance of this agreement. This agreement shall not be in force unless and until such certificate is filed. Failure to keep aforesaid insurance coverage in force will auto- matically render this agreement null and void. Policies shall contain a provision that the City of San Rafael shall be given notice in writing at least ten (10) days in advance of cancellation of any such policy. C. Contractor agrees to defend, indemnify, and hold harmless, the City and all officers, employees, servants and agents thereof from all claims, suits or actions for injuries to persons, including death and damage to property that may arise or be occasioned in any way from its operations pursuant to this agreement. VII. General Conditions. A. The City reserves the right at least once annually to inspect by official representative(s) of the City to assure adherence to minimum emergency supplies and safety requirements specified in Attachment A. B. The City reserves the right to review annually the Contractor's rate structure. C. City shall not contract for primary emergency ambulance service with any other commercial ambulance company unless the City agrees that the proposed service or terms of the contract are not being met by the Contractor. D. If any section of this agreement shall be held invalid by operation of law or by any tribunal of competent jurisdiction, or of compliance wiO or enforcement of any section should be restrained by such tribunal, the remainder of this agreement shall not be affected thereby. AMBULANCE SERVICE AGREEMENT Page 7 VII. E. City reserves the right to modify standards for vehicle, personnel training or operating procedures to conform with the new State or Federal statutes. Notice of modification shall be mailed to the Contractor at least 30 days prior to effective date of said statutes. By F. If any of the provisions of this contract are violated by the Contractor, the City Manager or his designee shall notify the Contractor's management representative of said violation by telephone and then confirm in writing. If the Contractor shall fail to correct said violation within three (3) days after receiving written notice, the City Council of San Rafael shall have the right to suspend the operation of this agreement until such violation has been corrected. The decision of the City Council as to the existence of a contract violation and its resolution shall be final. G. The City Manager is hereby authorized and empowered to adjust, settle, or compromise any controversy or charge arising from the operations of the Contractor under this Agreement, either on behalf of the City, the Contractor, or any requesting party, in the best interest of the public. Either the Contractor or any member of the public who may be dissatisfied with the decision of the City Manager may appeal the matter to the Council for hearing and determination. The Council may accept, reject or modify the decision for the City Manager and the Council may adjust, settle or compromise any con- troversy or cancel any charge arising from the opera- tions of any grantee or from any provision of this Agreement. BAY/ CITIES AMBN.A1 E—\CO,M�AN e1 D. Whig e,96-nt CITY OF SAN RAFAEL LAWRENCE E. MULRYAN,`r Mayor Attest: I � me 14 Mi