CITY OF EMERYVILLE MEMORANDUM

Transcription

1 CITY OF EMERYVILLE MEMORANDUM DATE: July 19, 2011 TO: FROM: Patrick O Keeffe, City Manager Fire Department SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE FIRST RESPONDER ADVANCED LIFE SUPPORT (FRALS) AGREEMENT WITH THE COUNTY OF ALAMEDA TO EXTEND THE TERM OF THE AGREEMENT; AND TO EXECUTE AN EQUIPMENT LOAN AGREEMENT TO PROVIDE STANDARDIZED FIRST RESPONDER MEDICAL EQUIPMENT ON EMERYVILLE FIRE DEPARTMENT FRALS UNITS REQUESTED ACTION Staff recommends adoption of the attached resolution authorizing the City Manager to execute a second amendment to the First Responder Advanced Life Support (FRALS) Agreement with the County of Alameda. The second amendment will extend the term of the existing FRALS agreement to October 31, The second amendment also provides for execution of an Equipment Loan Agreement for City use of standardized first responder medical equipment on Emeryville Fire Department FRALS units. BACKGROUND/ANALYSIS FRALS Agreement The City of Emeryville has an existing contract with the County of Alameda known as the First Responder Advanced Life Support (FRALS) agreement (Agreement). This Agreement expired on June 30, The Agreement was created as an instrument to formalize the relationship between local municipal fire departments in the county who provided advanced life support services (but not ambulance transportation) and the Alameda County Emergency Medical Service (EMS) office. These nontransporting fire agencies include Fremont, Hayward, Livermore-Pleasanton, Emeryville, and the Alameda County Fire Department. The City of Emeryville initially entered into that Agreement in February Since that time, the Agreement has been renewed and amended once in July A county may regulate emergency medical services pursuant to California Health and Safety Code section 1797 et. seq. Based on that authority, the County of Alameda may enter into written agreements with local municipalities who provide paramedic level care pursuant Health and Safety Code sections and along with Title 22 CCR section

2 FRALS Extension and Equipment Loan July 19, 2011 Page 2 of 3 The existing Agreement has provided a method for the regulatory agency (Alameda County EMS) to authorize those nontransporting fire departments to provide advanced life support services such as cardiac monitoring, use of drugs and intravenous therapy, advanced airway preservation techniques such as intubation, and defibrillation. In addition, the Agreement specifies adherence to performance requirements that include response time standards, quality improvement programs, minimum equipment inventory standards, training, and operational protocols. In exchange for providing first responder ALS service, the Agreement provides each participating agency with a stipend to defray some of the costs associated with providing paramedics. These funds come from a pass through of tax dollars paid to the County for the provision of emergency medical services. Each FRALS agency is paid an annual stipend dependent upon the number of emergency response units (engine and truck companies) that provide that service. In FY , the per-unit reimbursement was $42,893. The Emeryville Fire Department staffs two FRALS units with its engine companies at the Powell and Hollis Street fire stations. Thus, the FRALS stipend for FY is $85,786. The stipend has historically received a modest increase in successive years with the exception of the current year. The current Agreement between the County and the City expired on June 30, Alameda County EMS staff has been in the process of negotiating a new contract with member fire agencies over the last several months. However, negotiations for the new contract have not concluded before the termination of the existing Agreement. Therefore a second amendment to the existing Agreement is necessary to extend the term until October 31, The extended term will provide time for the parties to continue negotiations for an updated FRALS agreement; meanwhile, the City can continue to provide FRALS service and receive reimbursement from the County. Equipment Loan County EMS has also entered into a contract with a new ambulance provider (Paramedics Plus) to provide transport services in areas of the county where fire agencies are not already operating ambulances. That agreement provides for Paramedics Plus to loan to fire agencies medical equipment that will promote standardized care giving and recording of medical care data pursuant to an Equipment Loan Agreement between the County and the local agency. While provider agencies can choose whether or not to participate in the equipment loan, this equipment represents state of the art technology and is a substantial upgrade to equipment currently in use and owned by the City of Emeryville. For Emeryville, the loaned equipment will include two Lifepak 15 cardiac monitors and two Physio-Control chest compression devices. There is no cost to the City for use of the loaned equipment. Staff recommends that Emeryville participate in the loan process as it will provide for an improvement to the standard of patient care.

3 FRALS Extension and Equipment Loan July 19, 2011 Page 3 of 3 FISCAL IMPACT The amendment provides for continuation of the current stipend through October 31, The projected stipend for Emeryville s two FRALS units during the fiscal year is $85, according to the amounts published in the draft version of the new contract undergoing negotiation. This amount is equivalent to $21, which is paid on a quarterly basis. The cardiac monitors and chest compression devices will be provided as a no-cost item to the City of Emeryville for the duration of the Paramedics plus contract with the County of Alameda. At the time that the contract expires, all loaned equipment will be returned to Paramedics Plus. Current cardiac monitors and related equipment already owned by the City of Emeryville will be placed in storage and be available for use on an as needed basis. Kevin Johnston, Chief Fire Department APPROVED AND FORWARDED TO THE CITY COUNCIL OF THE CITY OF EMERYVILLE: Patrick O Keeffe, City Manager Attachments: 1. Resolution 2. Amendment to First Responder Advanced Life Support Provider Agreement a. Equipment Loan Agreement

4 RESOLUTION NO. 11- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE FIRST RESPONDER ADVANCED LIFE SUPPORT (FRALS) AGREEMENT WITH THE COUNTY OF ALAMEDA TO EXTEND THE TERM OF THE AGREEMENT; AND TO EXECUTE AN EQUIPMENT LOAN AGREEMENT TO PROVIDE STANDARDIZED FIRST RESPONDER MEDICAL EQUIPMENT ON EMERYVILLE FIRE DEPARTMENT FRALS UNITS WHEREAS, the City of Emeryville and the County of Alameda entered into a First Responder Advanced Life Support (FRALS) agreement whereby the City is authorized by the County to provide first responder paramedic level services, pursuant to the California Health and Safety Code and the California Code of Regulations; and WHEREAS, that agreement expired on June 30, 2011 and; WHEREAS, the parties have entered into negotiations for a new FRALS contract, and while negotiations continue, the City of Emeryville wishes to continue to provide FRALS services; and WHEREAS, the parties have negotiated a second amendment to the current FRALS contract extending that agreement to October 31, 2011; and WHEREAS, the second amendment to the FRALS contract allows the City of Emeryville to continue to provide first responder paramedic services and to receive reimbursement from the County for provision of those services; and WHEREAS, the second amendment also includes an equipment loan agreement to provide cardiac monitoring and chest compression devices at no cost to the City of Emeryville in an effort to standardize emergency care within the County and improve the standard of patient care; now, therefore, be it RESOLVED, that the City Council of the City of Emeryville authorizes the City Manager to execute a second amendment to the existing FRALS agreement, in the form attached hereto as Exhibit A, with the County of Alameda extending the existing agreement to October 31, 2011; and be it further RESOLVED, that the City Council of the City of Emeryville authorizes the City Manager to execute an Equipment Loan Agreement, in the form attached as part of the second amendment to the FRALS agreement, with the County of Alameda for use of first responder medical equipment on Emeryville Fire Department FRALS units.

5 Resolution No. FRALS Extension and Equipment Loan 2011 July 19, 2011 Page 2 of 2 ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, July 19, 2011, by the following vote: AYES: NOES: EXCUSED: ABSTAINED: ABSENT: MAYOR ATTEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY

6 Contract Reference No: C SECOND AMENDMENT TO CONTRACT FIRST RESPONDER ADVANCED LIFE SUPPORT PROVIDER AGREEMENT Reference is made to that contract made and initially entered into on the 1st day of July, 2004, and amended on the 1 st day of July 2009 (First Amendment), by and between the COUNTY OF ALAMEDA, a body corporate and politic of the State of California, and the City of Emeryville. Said contract is hereby amended as follows: 1. The contract duration shall be extended beyond the current expiration date of June 30, 2011 to October 31, The payment rate during the extension period shall be made at the rate established for the previous quarter, as shown on Exhibit B to the First Amendment. 2. The terms and conditions of the attached loan agreement are made part of the agreement. 3. All other terms and conditions specified in the current agreement and First Amendment shall remain in full force during this extension period. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment this, of COUNTY OF ALAMEDA CONTRACTOR By: President, Board of Supervisors By: Title: Patrick O Keeffe, City Manager City of Emeryville Emeryville, CA Tax ID #: Approved as to Form: Richard R. Karlsson, Interim County Counsel By: Deputy County Counsel

7 EQUIPMENT LOAN AGREEMENT A. INTRODUCTION: Paramedics Plus has contracted with County to loan the following equipment to Contractor for use on FRALS units at no cost to Contractor: 1. Two (2) LIFEPAK 15 System a. LP 15 monitor defibrillators capable of wireless transmission of 12 lead ECG s for each unit and sufficient data plan to accommodate and support this process. b. Temporary replacement Lifepak 15s for units undergoing repairs c. Velocitor charger d. Station charger e. One (1) spare battery 2. Two (2) Physio Control chest compression system (LUCAS device) a. Lucas CPR device b. One (1) spare battery c. One (1) station charger B. CONDITIONS: 1. Acceptance of Paramedics Plus equipment is optional. By accepting equipment under this agreement, Contractor commits to utilizing equipment in the delivery of all ALS First Response services. If Contractor is not utilizing the equipment for the delivery of care (e.g.: closure of a station, reduction of FRALS units) all equipment must be immediately returned to Paramedics Plus. 2. Paramedics Plus shall maintain ownership of the equipment at all times. The terms of this exhibit and the responsibilities outlined herein are not transferable. By accepting Paramedics Plus equipment, the Contractor agrees to comply with all terms and conditions set forth herein associated with the loan of equipment. 3. The Contractor shall be solely responsible for the proper use and deployment of the equipment. Paramedics Plus shall be responsible for training personnel using the equipment on the proper use of the equipment in accordance with any equipment use procedures. The Contractor accepts sole responsibility for operating the equipment at its sole risk. 4. Contractor agrees to give this equipment the same level of care as similar property purchased by Contractor. Equipment shall be returned to Paramedics Plus in as good a condition as when received by the Contractor, reasonable wear and tear excepted. During the loan period Paramedics Plus agrees to assume all responsibility for maintenance and repair due to normal wear and tear. 5. The Contractor is responsible for the full cost of repair or replacement of any or all of the equipment that is damaged by intentional misuse, abuse, or neglect, lost, or stolen from the time Contractor assumes custody. If the equipment is lost, stolen or damaged, Contractor must immediately notify the Paramedics Plus representative. 6. Paramedics Plus shall pay for all insurance, regularly scheduled maintenance and maintenance agreements for the equipment.

8 7. All maintenance and repair of equipment shall be performed by personnel authorized by Paramedics Plus. Any unauthorized maintenance voids all original equipment warranties. The Contractor shall be liable for the cost of purchasing a new warranty for the equipment if unauthorized maintenance is performed on the equipment by Contractor s personnel. 8. Contractor shall make the equipment available for inspection and maintenance during regular business hours with adequate advance notice and notify Paramedics Plus in writing of any necessary repairs or if the equipment malfunctions. Inventory management and return notification. 9. Contractor shall maintain and provide annual inventory reports to Paramedics Plus when requested. These reports shall include the Paramedics Plus inventory control number and well as the Contractor unit where the equipment is assigned. 10. Failure to adhere to the conditions described above may result in withdrawal of use and possession of the equipment, through written notice by Paramedics Plus and endorsed by County. 11. Contractor shall return the equipment to Paramedics Plus upon termination of Ambulance Agreement between Paramedics Plus and County. The current agreement is for the period beginning November 1, 2011, and ending October 31, County has an option to renew for five additional years, ending October 31, In consideration for the equipment loan, the Contractor agrees to indemnify, defend and hold Paramedics Plus and County harmless from any and all damages, losses, claims, causes of actions, expenses and liability of any nature whatsoever associated with its use of the equipment. Name: Signature: Title: Date: / /