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