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HomeMy WebLinkAbout6/2/2010 - STAFF REPORTS - 2.E. ;O,p A L M sA9 iy c u v� 1 `bxro.mao. Pr' ' CgRIFOR�� City Council Staff Re ort DATE: June 2, 2010 CONSENT AGENDA SUBJECT: FACILITY USE AGREEMENT WITH AMERICAN MEDICAL RESPONSE FOR THE USE OF CLOSED FIRE STATION NO. 445 LOCATED AT 5800 BOLERO ROAD THROUGH JUNE 30, 2011 FROM: David Ready, City Manager BY: Palm Springs Fire Department SUMMARY On May 1, 2010, Fire Station #445 at 5800 Bolero Rd. was temporarily closed as part of the City's budget reduction plan. Springs Ambulance Service, INC., D/B/A American Medical Response (AMR) was asked if they had an interest in utilizing the fire station as a posting location for one of their ambulances. AMR has affirmed they would like to use the fire station as a posting location for one of their 24 hour ambulance crews. Attached is a Facility Use Agreement authorizing AMR to use Fire Station #445 for a monthly fee of$500.00. RECOMMENDATION- 1- Approve the facility use agreement with Springs Ambulance Service, Inc. dba American Medical Response for the use of closed Fire Station No. 445 located at 5800 Bolero Road through June 30, 2011, at the rate of $500 per month. 2. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: The City of Palm Springs temporarily closed Fire Station #445 located at 5800 Bolero Rd. as part of the budget reduction plan. The Fire Chief made an inquiry to the local AMR Division Supervisor to see if they had a use for the fire station as a posting location for their ambulances. After conducting a statistical analysis of recent call volume in the City, AMR concluded that posting an ambulance at Fire Station #445 would benefit their operations and enhance service to the City. ITEM NO. •� City Council Staff Report June 2, 2010 -- Page 2 AMR Facility Use Agreement AMR deploys two ambulances in the City of Palm Springs. On June 6th, the effective date of this agreement, AMR will staff one of the ambulances with a crew that works a 24 hour shift out of Fire Station #445. Although both ambulances will be responding to calls for service anywhere in the City, one of the ambulances will position itself at Fire Station #445 when not conducting emergency or non-emergency business, and when the second ambulance is available for a response. It is expected that some of the time, there will be an EMS call for service in Station #445's primary response area, and this AMR ambulance will be able to respond and arrive on the scene before the fire department. This will result in better patient care and will be a benefit to our citizens. The fire department has changed the locks at Fire Station #455 so that important tools and equipment can be stored in the apparatus room and one of the interior bedrooms. AMR will have full access to the kitchen, two bedrooms and bathrooms, the office and living room areas. AMR will be responsible for maintaining the interior of the station and it will be the responsibility of the City to maintain the exterior of the station and major building systems (HVAC, plumbing, etc.) including building insurance. FISCAL IMPACT: Posting an ambulance at Fire Station #445 benefits the citizens in that area. The proposed agreement requires AMR to pay a monthly fee of $500,00 that will be used to offset the utility costs that will remain the responsibility of the City. The agreement has a 30 day notice to terminate by either Party, and AMR will provide all required insurances. Blake G. Goetz, Fire Cr f David H. Ready, age Attachment: Facility Use Agreement with Springs Ambulance Service, INC., D/B/A American Medical Response AGREEMENT BETWEEN CITY OF PALM SPRINGS AND SPRINGS AMBULANCE SERVICE, INC., DIB/A AMERICAN MEDICAL RESPONSE FOR USE OF CITY FACILITIES This Agreement is made, entered into, and effective this 6ch day of June, 2010, by and between the City of Palm Springs, a municipal corporation (hereafter referred to as the "City") and Springs Ambulance Service, Inc., d/b/a American Medical Response (hereafter referred to as "AMR"). City and AMR are sometimes collectively referred to as "Parties" or individually as "Party." RECITALS WHEREAS, the City owns a fire station located at 5800 Bolero Road within the City of Palm Springs, identified as Fire Station #445 (the "City Facilities"), the use of which is temporarily being suspended for fire department response by the City; and WHEREAS, AMR provides private ambulance services and desires to use the City Facilities as a posting location for its ambulance crews, and WHEREAS, the Parties desire to establish the respective rights and responsibilities of the City and AMR with respect to the City Facilities. NOW, THEREFORE, the City and AMR agree as follows: AGREEMENT 1. Use of City Facilities. AMR shall be permitted to use the City Facilities for the sole purpose of maintaining a posting location for its ambulance crews. The City Facilities shall be available to AMR, with the exception of the following rooms, to which AMR will be restricted from access: (1) apparatus room; and (2) one bedroom designated by the City. The City may continue to use said rooms for storage of equipment and supplies. The City will obtain access to the apparatus room through the use of the remote control apparatus room doors. The City may enter the living quarters in the City Facilities for the purpose of obtaining access to the secured bedroom. 2. Furnishings and Household Items. The City will leave the basic living furniture and household items, such as beds, couches, tables, chairs, kitchen dishes 706438.16R;36 1 and utensils, at the City Facilities for use by AMR. The City will remove equipment, including but not limited to computers, internet modem, and library materials, prior to AMR's use of the City Facilities. 3. Fees and Charges. AMR shall pay to City a monthly fee in the amount of five hundred dollars ($500) for use of the City Facilities. Fees for each month shall be due on the first day of the month. City reserves the right to increase the monthly fee in accordance with the provisions of Section 5.C. below. 4. Responsibilities of AMR. A. AMR shall be responsible for maintaining the interior of the City Facilities, excluding the apparatus room, in good condition and repair. B. AMR shall maintain insurance in accordance with the provisions of Section 7 of this Agreement. 5. Responsibilities of City. A. City shall be responsible for maintaining the exterior of the City Facilities and principal mechanical equipment in good condition and repair. B. City shall maintain insurance in accordance with the provisions of Section 7 of this Agreement. C. City shall pay monthly utilities for the City Facilities. This obligation shall be limited to electricity, water, and gas. Sewer and trash service are currently being provided to the City Facilities at no charge. City reserves the right to increase the monthly fee for use of the City Facilities to reflect any future fees for sewer and trash service. 6. Term and Termination. This Agreement shall be effective for the period commencing June 6, 2010, and shall continue in effect until July 1, 2011. Either Party may at any time terminate the Agreement with or without cause upon thirty (30) days written notice to the other Party of such termination. At the end of said thirty (30) day notice period, this Agreement shall be forthwith terminated for all purposes. 7. Liabilitand Indemnity. A. AMR Indemnification of City. AMR agrees to indemnify the City, its City Council Members, officers, directors, employees, agents, and volunteers against, and will hold and save them and each of them, harmless from, any and all actions, claims, damages to persons or property, penalties, obligations or liabilities, including reasonable attorney's fees, that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization (collectively, "Claims"), but only in proportion to, and to the extent, such Claims arise out of or pertain to any negligent, reckless, or intentionally wrongful act or omission of AMR or its officers, employees, 706438.1 consultants, contractors, or agents, related to the use of the City Facilities by AMR or the performance of the obligations of AMR under this Agreement. B. City Indemnification of AMR. The City agrees to indemnify AMR, its officers, directors, employees, agents, and volunteers against, and will hold and save them and each of them, harmless from, any and all Claims, but only in proportion to, and to the extent, such Claims arise out of or pertain to any negligent, reckless, or intentionally wrongful act or omission of the City or its officials, officers, employees, consultants, contractors, or agents, related to the performance of the obligations of the City under this Agreement. C. Waiver and Release. Except to the extent of City's indemnity obligations set forth in Section 7.13., above, AMR hereby waives all rights to make a claim for any loss or damage that may hereafter accrue against the City, its City Council Members, officials, officers, employees, agents and volunteers, arising out of the use of the City Facilities by AMR pursuant to this Agreement. 8. Insurance. A. During the entire term of this Agreement, City shall, at City's sole cost and expense, maintain fire and extended coverage insurance in an amount equal to at least ninety percent (90%) of the replacement value of the City Facilities. AMR hereby waives any right of recovery from City, its officers and employees, and City hereby waives any right of loss or damage (including consequential loss) resulting from any of the perils insured against as a result of said insurance. B. During the entire term of this Agreement, AMR shall, at AMR's sole cost and expense, maintain comprehensive general liability insurance insuring against claims for bodily injury, death or property damage occurring in, upon or about the City Facilities and on any sidewalks directly adjacent to the City Facilities written on a per occurrence basis in a combined single limit of ONE MILLION DOLLARS ($1,000,000.00) for bodily injury, death, and property damage. The policies of insurance required to be procured by AMR shall name the City, its officials, officers, employees and agents as additional insureds. The insurers shall waive all rights of subrogation and contribution they may have against the City, its officials, officers, employees and agents and their respective insurers. Said policies of insurance shall provide that said insurance may not be amended or cancelled without providing thirty (30) days' prior written notice by registered mail to the City. At least thirty (30) days prior to the expiration of any insurance policy, AMR shall provide the City with endorsements evidencing the above insurance coverages written by insurance companies acceptable to the City, licensed to do business in the state of California and rated A:VII or better by Best's Insurance Guide. 9. Miscellaneous. A. This Agreement constitutes the entire understanding between the Parties hereto with respect to the subject matter set forth herein and supersedes any 7064,8.E 5 and all prior or other contemporaneous understandings, correspondence, negotiations, or agreements, written or oral between them respecting the within subject matter. No alterations, modifications or interpretations hereof shall be binding unless in writing and signed by both Parties. B. Any amendments to this Agreement must be in writing and signed by both Parties. C. This Agreement shall be governed by and construed under the Laws of the State of California. D. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same agreement. E. The waiver of any breach of any provision of this Agreement by a Party shall not constitute a continuing waiver or waiver of any subsequent breach on the same or another provision of this Agreement. F. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. G. Compliance.The parties will comply in all material respects with all applicable federal and state laws and regulations including, the federal Anti-kickback statute. H. Compliance Program and Code of Conduct. AMR has made available to each party a copy of its Code of Conduct, Anti-kickback policies and other compliance policies, as may be changed from time-to-time, at AMR's web site, located at: www.amr.net, and each party acknowledges receipt of such documents. AMR warrants that its personnel shall comply with AMR's compliance policies, including training related to the Anti-kickback Statute. I. Referrals. It is not the intent of either party that any remuneration, benefit or privilege provided for under the Agreement shall influence or in any way be based on the referral or recommended referral by either party of patients to the other party or its affiliated providers, if any, or the purchasing, leasing or ordering of any services other than the specific services described in this Agreement. Any payments specified herein are consistent with what the parties reasonably believe to be a fair market value for the services provided. wiraaa.i IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by its duly qualified and authorized officials as of the dates set forth below. CITY OF PALM SPRINGS SPRINGS AMBULANCE SERVICE, INC. D/B/A AMERICAN MEDICAL RESPONSE By: By: David H. Ready, City Manager Thomas McEntee, General Manager ATTEST: By: James Thompson, City Clerk APPROVED AS TO FORM: By: Douglas C. Holland, City Attorney 706438.1