HomeMy WebLinkAbout9/6/2000 - STAFF REPORTS (25) DATE: September 6, 2000
TO: City Council
FROM: Fire Chief
ALS AGREEMENT BETWEEN CITY OF PALM SPRINGS AND RIVERSIDE COUNTY
RECOMMENDATION:
That the City Council approve an Agreement between the City of Palm Springs and
Riverside County, whereby Riverside County authorizes the City to operate as an
Advanced Life Support (ALS) First Responder Provider.
BACKGROUND:
Effective June 15, 2000, the County of Riverside Health Services Agency,
Department of Public Health, Emergency Medical Services Agency authorized the
City of Palm Springs to operate as a First Responder Advanced Life Support
(ALS) non-transport provider. The Paramedic Program commenced in the City on
June 15, 2000. The authorization was conditional upon the City meeting applicable
laws, regulations, ordinances, policies, protocols, and procedures set forth by the
County EMS Agency, and the completion of a formal agreement. The temporary
approval was authorized through September 30, 2000 unless canceled sooner or
extended by the Riverside County EMS Agency.
The draft formal agreement was reviewed by the Fire Chief and City Attorney
(Fred Galante, Esq.) in mid July. Other than clerical corrections, and a
modification of"Section 4. Term.", the draft document was accepted by staff and
returned to the County for redrafting. The modification that the Fire Chief and City
Attorney requested in Section 4 was to reduce the notice of termination condition
from 180 to 90 days. The final version of the agreement was presented to the
City on August 24, 2000, with the corrections.
The agreement authorizes the City to operate as a First Responder ALS Provider
(non-transport) and the City agrees to provide such service 7 days a week, 24
hours a day.
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ALS AGREEMENT
September 6,2000
Page 2 _
CITY OF PALM SPRINGS, CALIFORNIA
By z
Fire hief City Manager
, ' COONTY OF RIVERSIDE
HEALTH SERVICES AGENCY
FOR COUNTY USE ONLY
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g4rNr�s<IS�f0s 9 CONTRACT MANAGER PERIOD OF PERFORMANCE
MAY 9, 99 Michael Osur July 1, 2000 through
(909) 358-5029 June 30, 2004
F.I.C.A. FEDERAL ID NO CONTRACT AMOUNT
7 $ 0
REVENUE CODE CONTRACTOR REPRESENTATIVE
7532 Bary Freet
(760) 323-8182
PROGRAM NAME
Advanced Life Support Program
This agreement is made and entered into by and between the County of Riverside, a political subdivision of the
State of California, through its Health Services Agency, hereinafter referred to as CONTRACTOR, and
CITY OF PALM SPRIN S
This agreement is made and entered into by and between the County of Riverside, a political subdivision of the
State of California,through its Health Services Agency,Department of Health Emergency Medical Services,herein
after referred to as COUNTY and the City of Palm Springs, hereinafter referred to as CITY.
NOW THEREFORE,in consideration of the mutural promises, vovenants and conditions hereinafter contrained,
WHEREBY the Parties intend to execute a single Agreement consituting fromal designation of CITY as an
authoorized part of the Riverside COUNTY EMS System under Health and Safety Code Section 1797.178, an
EMT-P Service-Provider Agreement under Title 22 CCR Section 100168(b)(4), a written agreement regarding the
provision of prehospilal emergency medical services under Health and Safety Code Section 1797.201, and the
Emergency Medical Services Plan as approved by the COUNTY of Riverside Board of Supervisors on October
4, 1994; THE PARTIES HERETO MUTUALLY AGREE as provided on pages 1 through 12 and Schedule A
attached hereto and incorporated herein, and in accordance therewith have executed this Agreement.
CITY / COUNTY
BY BY
Chairman, Board of Supervisors
TITLE DATE
DATE ATTEST:
300 North Cielo Road
Palm Springs, CA 92262 Gerald A. Maloney, Depuly
BY
Page 1 of 15 (SEAL)
ALS FIRST RESPONDER SERVICE PROVIDER
AGREEMENT BY AND BETWEEN THE
CITY OF PALM SPRINGS AND COUNTY OF RIVERSIDE
This Agreement is made and entered into between the City of Palm Springs, a municipal
corporation organized under the laws of the State of California (City) and the County of Riverside,
a county organized under the laws of the State of California (County). City and County are
sometimes individually referred to as "party"and collectively as"parties".
RECITALS
A. Pursuant to County of San Bernardino v. City of Sara Bernardino (1997) 15
Cal.4th 909, the County has the exclusive authority to determine the providers of Advanced Life
Support (ALS) first responder (ALS First Responder Services) and ALS ambulance transport
services (ALS Ambulance Transport Services) within its jurisdictional limits, and to determine
ambulance zones within such jurisdictional limits, subject to certain statutory exceptions. In
addition, Health and Safety Code Section 1797.218 and California Code of Regulations, Title 22,
Section 100173, respectively, gives the County authority to authorize an ALS program which
provides services utilizing EMT-P a4to designate ALS First Responder Providers.
B. County, acting through the emergency medical services agency (EMS) of its
Department of Health, is the local EMS agency for the local EMS area which includes the territory
within the Desert Zone that encompasses the City of Palm Springs.
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C. The purpose of this Agreement is to:
1. Document City' s concurrence with AMR' s designation by County as
the exclusive provider of emergency ambulance transport services within the Palm Springs Service
Area of the Desert Zone; and
2. Subject to the terms and conditions set forth herein to designate City as a
provider of ALS First Responder Services within the Palm Springs Service Area .
Now therefore, the parties agree as follows:
Section 1. County' s designation of City as an ALS First Responder Service Provider.
County hereby grants to City authority to provide ALS First Responder Services in the Palm
Springs Service Area.
Section 2. City' s Obligation as an ALS First Responder Service Provider.
For County' s grant of authority to City to provide ALS First Responder Service in the Palm
Springs Service Area, City represents and agrees:
a. That such services will be performed in accordance with all applicable federal, state, and
County laws, rules, regulations, and County protocols and ALS performance standards, including
but not limited to,the operational requirements set forth in Schedule A of this Agreement;
b. Cooperate with County representatives relating to City' s perfonmance as an ALS First
Responder Provider and its oversight for the County' s EMS system including, but not limited to,
the utilization and submittal of required patient care and performance reports and cooperating with
County investigations of EMS related incidents; and
c. That it shall not be entitled to, or demand, any compensation from County for services
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rendered pursuant to City's designation as an ALS First Responder Service provider as permitted by
this agreement.
Section 3. Mutual Obligations
The parties agree that City' s operational obligations as set forth in Schedule A may be
modified by written agreement of City's Fire Chief and County's EMS Director or their designees.
Section 4. Term.
The term of Agreement shall begin when this Agreement is executed by the Parties and
shall continue until June 30, 2004. Thereafter, on July 1, 2004, the Agreement shall renew and
shall continue to renew annually, unless terminated by either party upon ninety (90) days prior
written notice.
Section S. County Authority
City rmderstands, acknowledges and agrees that it shall not, during the term of this
Agreement and for a period of six (6) months thereafter, initiate or participate in initiating any
lawsuit which challenges the County' s exclusive authority or County' s right to award an
Exclusive Operating Agreement without competitive process pursuant to Health and Safety Code
Section 1797,224.
Section 6. County Authority in County Desert Zone
Pursuant to its authority under Health and Safety Code Section 1797.224, the County has
entered into the County/AMR Agreement with AMR by which it has granted exclusive authority to
provide ground ALS Ambulance Transport Services in the Desert Zone to AMR. Nothing in this
Agreement shall be construed in any manner to abrogate or diminish this grant of authority or
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AMR's qualifications to receive such exclusive authority under existing law.
Section 7. Independent Contractor Status
Each party shall be solely responsible for its own employees. Each party shall pay all
wages, salaries, overtime, benefits and other amounts due to their own personnel pursuant to
applicable law and in connection with any and all services under this Agreement. Each party shall
be responsible for all reports and obligations respecting their own personnel, including, but not
limited to, social security taxes, income tax withholding, unemployment insurance, and workers'
compensation insurance. Employees or agents of one party shall not be deemed employees of the
other for any purpose. Each party shall defend, indemnify and hold harmless the other party from
and against any and all expenses or liabilities of any kind arising from or incident to any claim by
any employee of the indemnifying party or any governmental agency relating to wages, salaries,
overtime,benefits or other obligations of the indemnifying party to any employee thereof.
Section 8. Notices
All notices permitted or required under this Agreement shall be given to the respective
parties at the following addresses, or at such other addresses as the respective parties may provide
in writing for this purpose:
City of Palm Springs:
City of Palm Springs
300 North Cielo Road
Patin Springs, California 92262
Attn: Fire Chief
Facsimile Number: 760-778-8430
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Copy to:
City of Palm Springs
3200 East Tahquitz Way
Palm Springs, California 92262
Attn: City Clerk
Facsimile Number: 760-322-8320
County:
Riverside County EMS Agency
4065 County Circle Drive
Riverside, California 92503
Attn: EMS Director
Facsimile Number: 909-358-5160
Such notices may be provided by personal delivery,by first class mail, by express delivery
or by facsimile transmission. Notice shall be deemed made as follows: (A) when personally
delivered, upon actual delivery; (B) when mailed, seventy-two (72) hours after deposit in the U.S.
Mail, first class postage prepaid; (C) when sent by express delivery, upon delivery as documented
by the delivery services, and (D) when sent via facsimile transmission, upon actual delivery as
documented by any verifiable facsimile transmission record. Facsimile transmission shall be
followed by first class delivery along with a copy of the facsimile transmission record. Actual
notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method
of service.
Section 9. Cooperation and Further Acts
The parties shall fully cooperate with one another, and shall take any additional acts or sign
any additional documents as may be necessary, appropriate or convenient to attain the purposes of
this Agreement.
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Section 10. Non-Discrimination
City shall not discriminate in the provisions of services, allocation of benefits,
accommodation of facilities, or employment of personnel, on the basis of ethnic group
identification, race, color, creed, ancestry, religion, national origin, sexual preference, sex, age (over
40), marital status, medical condition, or physical or mental handicap, and shall comply with all
requirements of the law regarding non-discrimination and affirmative action including those laws
pertaining to the prohibition against qualified handicapped persons in all programs or activities.
For the purpose of this Agreement, distinctions on grounds of race, religion, color, sex,
national origin,age or physical or mental handicap include, but not limited to, the following:
a. Denying an eligible person or providing to an eligible person any services or
benefit which is different, or is provided in a different manner or in a different manner or at a
different time from that provided to other eligible persons under this Agreement.
b. Subjecting an eligible person to segregation or separate treatment in any manner
related to his/her receipt of any service,except when necessary for infection control.
c. Restricting the ineligible person in any way in the enjoyment of any advantaW or
privilege enjoyed by others receiving Z sAilar service or benefit.
d. Treating an ineligible person differently from others in determining whether
he/she satisfies an eligibility, membership, or other requirement or condition which individuals
must meet in order to be provided a similar services or benefit.
e. The assignment of time or places for provisions of services on the basis of race,
religion, color, sex, national origin, age, or physical or mental handicap of the eligible person to be
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served.
Section 11. Insurance Program
Without limiting City's obligation, City shall provide and maintain at its own expense
during the term of this Agreement, the following programs(s) of insurance covering its operations
hereunder through either purchasing insurance, by self-insuring, or by participation in a Joint
Powers Insurance Authority. Such insurance (if purchased) shall be provided by responsible
insurer(s) and evidence of such insurance or self-insurance programs shall be delivered to County
on or before the effective date of this Agreement. Such evidence shall specifically identify this
Agreement and, if insurance is purchased, then the evidence shall contain express conditions that
County be given a written notice at least thirty (30) days in advance of any modification or
termination of any program or insurance.
Failure on the part of City to produce or maintain required insurance or the self-insurance
program shall constitute a material breach of this Agreement upon which County may
immediately terminate or suspend this Agreement.
Liability: 'Such insurance shall be primary to and not contributing with any other
insurance maintained by County. >
Comprehensive General Liability coverage, including automobile liability, which shall
include premises-operations, contractual, property damage and personal injury with a combined
limit of not less than $3,000,000 in coverage for each occurrence.
Errors and Omission coverage shall include personal injury arising from the acts or.
omissions of City's EMTs and EMT-Ps in performing emergency medical services, with limits of
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no less than $1,000,000 for each occurrence.
Palm Springs shall cause its insurance carriers to furnish County with evidence of the
coverage specified herein and shall cause County to be named as additional insured under its
comprehensive general liability and errors and omissions coverage with respect to the acts or
omissions of Palm Springs under this Agreement and the obligations of Palm Springs hereunder.
Workers' Compensation, which shall be in a form to meet all applicable requirements or
the Labor Code of the State of California, including employer's liability.
Section 12. Attorney's Fees
If any party commences an action against another party, either legal, administrative or
otherwise, arising out of or in connection with this Agreement, the prevailing parry in such
litigation shall be entitles to have and recover from the losing party reasonable attorney's fees and
all other costs of such action.
Section 13. Indemnification
Each party shall defend, indemnify and hold the other party and its officials, officers,
employees and agents free and harmless from and against any and all claims, demands, causes of
action, costs, expenses, liability, loss damage or injury, in law or equity, to property or persons,
including wrongful death, in any manner arising out of or incident to any negligent acts, omissions
or willful misconduct of the indemnifying party or its officials, officers, employees and agents
related to the performance of this Agreement, including attorney' s fees and other related costs and
expenses; provided, however, that employees of any parry shall not be deemed agents of any other
party for purposes of this Section. The indemnifying party shall defend, at that party' s own cost,
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expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind
that may be brought or instituted against the other party or its officials, officers, employees and
agents. The indemnifying party shall pay and satisfy any judgment, award or decree that may be
rendered against the other parry or its officials, officers, employees and agents in any such suit,
action or other legal proceeding. The indemnifying party shall reimburse the other party and its
officials, officers, employees and agents for any and all legal expenses and costs incurred by each of
them in connection therewith or in enforcing the indemnity herein provided. Notwithstanding the
foregoing, the indemnifying party shall not settle any lawsuit with respect to the other party to this
Agreement without such party' s consent, which consent shall not be unreasonably withheld.
Section 14. Entire Agreement; Amendments
This Agreement contains the entire Agreement of the parties with respect to the subject
matter hereof, and supersedes all prior negotiations, understandings or agreements. This
Agreement may only be modified by a writing signed by both parties.
Section 15. Governing Law
This Agreement shall be governed by the laws of the State of California. Venue shall be in
Riverside County.
Section 16. Successors and Assigns
This Agreement shall be binding on the successors and assigns of the parties.
Section 17. Assignment or Transfer
No party shall assign, hypothecate, subcontract or transfer, either directly or by operation of
law, this Agreement or any interest herein without the prior written consent of the other party. Any
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attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire
no right or interest by reason of such attempted assignment,hypothecation or transfer.
Section 18. Construction,References and Captions
Since the parties or their agents have participated fully in the preparation of this Agreement,
the language of this Agreement shall be construes simply, according to its fair meaning, and not
strictly for or against any party. Any term referencing time,days or period for performance shall be
deemed calendar days and not work days. All references to any party shall include all officials,
officers, employees and agents of that party, except as otherwise specified in this Agreement. The
captions of the carious sections are for convenience and ease of reference only, and do not define,
limit, augment, or describe the scope, content,or intent of this Agreement.
Section 19. Waiver
No waiver of any default shall constitute a waiver of any other default or breach, whether of
the same of other covenant or condition. No waiver, benefit, privilege, or service voluntarily given
or performed by a party shall give any other party any contractual rights by custom, estoppel, or
otherwise.
Section 20. No Third Party Beneficiaries
There are no third party beneficiaries of any right or obligation assumed by the parties.
Section 21. Invalidity and Severability
If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a
court of competent jurisdiction, the remaining provisions shall continue in full force and effect. In
addition, if any portion of this Agreement is declared to be invalid, illegal or otherwise
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unenforceable by a court of competent jurisdiction, or is otherwise deemed to be such by legal
counsel for the parties to this Agreement, the parties shall use their reasonable best efforts to amend
this Agreement to remove the inappropriate provision(s); provided, however,that if the amendment
cannot be made in a manner which preserves all essential parts of the consideration for any party,
such party may terminate this Agreement as soon as is reasonably practicable or as required by law.
Section 22. Authority to Execute Agreement
Each party warrants that it has all requisite power and authority to conduct its business and
to execute, deliver, and perform the Agreement. Each party also warrants that the individuals who
have signed this Agreement have the legal power to make this Agreement and bind each respective
party hereto.
Section 23. Counterparts
This Agreement may be signed in one or more counterparts, each of which shall constitute
an original.
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SCHEDULE, A
OPERATIONAL REQUIREMENTS
City Will:
1. Provide County with a map which outlines the Palm Springs Service Area and provide
County with notice of any changes in the Palm Springs Service Area and updated maps reflecting
such changes;
2. Comply with all applicable County requirements for record keeping and data collection
and maintain the confidentiality of said information;
3, Comply with County' s requirements for the implementation of Quality
Assurance/Quality Improvement (QA/QI) program, including the designation of a qualified person
to supervise the QA/QI Program;
4. Appoint City's Fire Chief, or his designate, to serve as ALS Program Coordinator to
serve as a liaison with County and other County EMS system service providers and to act on City' s
behalf in the administration of this Agreement;
5. Comply with County's dispatch protocols;
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6. Notify County in a timely manner of significant or continuing service performanoe
problems, including but not limited to: (1) base hospital complaints; (2) changes in the status of
certified/accredited personnel (e.g., termination, classification, etc.); (3) changes in station
location(s); (4) radio frequency interference which causes operational problems; (5) and local
emergencies/disasters which causes operational problems.
7. Shall provide continuous twenty-four (24) hour First Responder Services which meet a
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minimum level of service, as determined by the County. The service by City may be modified as
approved by County, within County's sole discretion. The City shall determine what level of
service to provide beyond the County's minimum level;
8. Shall ensure that all appropriate employees and agents hold necessary certification,
licenses, or accreditation and shall maintain the records of such that they comply with all training
requirements as required by applicable state and federal law,regulation,policy and protocol; and
9. Shall meet the applicable ALS performance standards provided in the County/AMR
Agreement(Schedule E), Sections III, except D, IV-D3 and VIII, except E.
10, Strive to ensure a positive, communicative and effective working relationship with
County.
County Will:
1. Provide City with adopted protocols, policies and procedures relating to emergency
medical care, and shall provide City with any revisions or additions following approval by the
County;
2. Involve Palm Springs in the County's QA/QI programs;
3. Communicate as necessary with City's Provider Medical Advisor, ALS program
coordinator and/or fire chief;
4. Assign one or more base hospitals to City's ALS program according to the Riverside
County EMS Agency Policies and Procedures;
5. Schedule mutually acceptable periodic visits by County staff with City's staff to ensure
compliance with local polices and/or procedures related to the Agreement which fall within the
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jurisdiction of the County as the local EMS Agency.
6. Strive to ensure a positive, communicative and effective working relationship with City;
7. Continue to honor City's existing responsibilities and rights in connection with the
administration of City's EMS program, including, but not limited to, dispatching,
placement/location of ALS First Responder units, staffing, equipping and system delivery of ALS
First Responder, so long as City does not violate applicable sate or local laws, rules, regulations,
protocols and policies that relate to emergency medical care.
Contract\Palm Springs\final
MINUTE ORDER NO,
APPROVING THE ALS AGREEMENT
BETWEEN THE CITY OF PALM SPRINGS
AND RIVERSIDE COUNTY WHEREBY
RIVERSIDE COUNTY AUTHORIZES THE
CITY TO OPERATE AS AN ADVANCED
LIFE SUPPORT (ALS) FIRST RESPONDER
PROVIDER.
I HEREBY CERTIFY that this Minute Order approving the ALS Agreement between the
City of Palm Springs and Riverside County whereby Riverside County authorizes the City
to operate as an Advanced Life Support (ALS) First Responder Provider was adopted by
the City Council of the City of Palm Springs, in a meeting thereof on the 6th of September,
2000.
PATRICIA A. SANDERS
City Clerk
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