HomeMy WebLinkAbout1/16/2002 - STAFF REPORTS (4) i�.
DATE: January 16, 2002
TO: City Council
FROM: Fire Chief
TERMINATION OF AGREEMENT WITH DISASTER MEDICAL ASSISTANCE
CORPORATION (AGREEMENT#3757)
SUMMARY:
The purpose of this proposed action is to terminate the agreement (#3757) between the
City and Disaster Medical Assistance Corporation (DMAC).
BACKGROUND:
The City entered into an agreement with Disaster Medical Assistance Corporation on
December 18, 1996. Under the terms of the agreement, Disaster Medical Assistance
Corporation (DMAC) was to provide up to thirteen containerized storage units stocked
with disaster supplies through a corporate sponsor. Additionally, DMAC would maintain
the units and supplies.
The term of the agreement was for a period of five (5) years, with default clauses
identified as:
(a) If DMAC materially breaches any provision, the City can identify the default or
breach giving DMAC ninety (90) days to cure any such default or breach.
(b) If the City materially breaches any provision, DMAC can identify the default or
breach giving the City ninety (90) days to cure any such default or breach.
DMAC has provided five (5) containerized units and supplies to the City. The location
and corporate sponsorship is identified as follows:
SITE SPONSOR
James O. Jessie Park Rhinolining
Spa Casino Agua Caliente Band of Cahuilla Indians
Palm Springs High School Agua Caliente Band of Cahuilla Indians
Palm Springs Youth Center Agua Caliente Band of Cahuilla Indians
Katherine Finchy Elementary Agua Caliente Band of Cahuilla Indians
School
We have worked very closely with DMAC in securing the sponsorship of the units and
carefully monitored their maintenance program. Throughout the term of the agreement,
we have expressed our concerns to DMAC related to the lack of uniformity of the units,
the inability to secure service for the satellite telephones, and the maintenance program.
DMAC responded to some of our concerns at the same time new units were being
sponsored and delivered. DMAC was informed that their overall performance was
unacceptable and that the primary sponsor (Agua Caliente Band of Cahuilla Indians)
would be notified of the City's concerns. Approximately one year ago, Fire Department
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staff briefed the Tribal Council on the performance and maintenance concerns related to
DMAC. The Tribal Council was encouraged to be cautious in their future dealings with
DMAC, and a close relationship between the Tribal Comptroller and Fire Chief was
initiated.
After numerous attempts to contact DMAC, under the direction of the City Attorney (Fred
Galante, ESQ) the Fire Department sent a certified letter on September 5, 2000. This
letter placed DMAC on notice that the City may determine them to be in breach of the
Agreement if appropriate remedial action is not completed by December 5, 2000. The
President of DMAC contacted the Fire Chief shortly after receiving the certified letter,
and stated that he would be making contact at a later date on the issues identified.
Neither the President nor any other officers of DMAC made further contact. The Fire
Chief issued another certified letter to DMAC on December 19, 2000, stating that the 90-
day period had lapsed and making one final request for compliance. There has been no
additional contact with DMAC.
During the last year, the Fire Department has been working with the Tribe to secure a
company to provide semi-annual maintenance to the DMAC units. The Tribe recently
agreed to enter into an agreement with Property Guard to maintain the five units in Palm
Springs and the one unit in Cathedral City, Property Guard is interested in furthering the
development of containerized disaster caches in Palm Springs. The Fire Department is
working with Property Guard to present a proposed agreement to City Council in the
near future that mirrors the previous agreement with DMAC.
`2 Bear geetFief
Blake G. Goetz, CC
Emergency Services Cob dinator
APPR VED:
City Manager4
Attachments:
1, Minute Order No.
MINUTE ORDER NO.
TERMINATING AGREEMENT WITH
DISASTER MEDICAL ASSISTANCE
CORPORATION (AGREEMENT#3757).
I HEREBY CERTIFY that this Minute Order, terminating the agreement with Disaster
Medical Assistance Corporation (Agreement #3757), was adopted by the City Council of
the City of Palm Springs, California, in a meeting thereof held on the 16th day of
January, 2002.
BY: City Clerk
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