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HomeMy WebLinkAboutF6 Authorize City Manager to sign contract with American Medical Response .. Commission Memorandum V REPORT TO: Honorable Mayor and City Commission FROM: Chuck Winn, Fire Chief Chris Kukulski, City Manager SUBJECT: American Medical Response Safety-Net Agreement MEETING DATE: October 2, 2006 BACKGROUND: The Bozeman Fire Department provides advanced life support non-transport services within the city limits and co-responds with AMR to most emergency medical calls within the city limits. Patient transport services for the city and most of the valley floor are provided by AMR. As the call volume in the city and county has increased, AMR has added additional staff and ambulances but sometimes, because of concurrent call activity in its service area, cannot immediately respond to calls in the city. During these times of system overload, AMR has relied on Central Valley Fire District to respond with their ambulance. The delay caused when this occurs has been a continual topic of discussion which has resulted in the Safety-Net and Back-up Ambulance Services Agreement attached to this memorandum for your consideration. Through this agreement AMR will provide the fire department with a fully stocked ambulance for use by city fire personnel to transport patients within the city when AMR is unable to do so because of other emergency activity. Additionally, the fire department, with AMR's concurrence, will be able to provide standby services at special events when AMR is unable to provide those services. RECOMMENDATION: Authorize the City Manager to sign the Safety-Net and Back-up Ambulance Services Agreement as reviewed and approved by the City Attorney. FISCAL EFFECTS: All costs associated with transport and/or authorized standby services will be reimbursed by AMR under this agreement. ALTERNATIVES: As suggested by the City Commission. Re c ful y submit , Author Chris A. Kukulski, City Manager Attachments: Safety-Net Agreement Report compiled on 2004 f SAFETY-NET AND BACK-UY AMBULANCE SERVICES AGREEMENT THIS SAFETV-NF,T AND RACK-UP AMBULANCE any motor vehicle accident that involves the ALS Unit SERVICES AGREEMENT ("Agreement-) is made within twenty-tour (24) hours of the accident. The lease between the American Medical Response Ambulance under this paragraph ends upon the expiration of this Service, Inc. (-AMR") with offices at 2101 Industrial Agreement or upon any earlier tennination thereof_ Drive- Bozeman, Montana 59715 and the City of Bozeman Fire Department (the "Department") with 3 Department Personnel. The Department will offices at 34 North Rouse Bozeman, Montana 59715. supply ALS level personnel to provide Safety-Net EMS with the ALS Unit, The Departments personnel will be WHEREAS, the Parties wish to improve emergency licensed, certified and accredited in accordance with nnelical services far patients in the community; applicable federal, state or local laws. AMR, in its sole discretion, may require Department to remove Department WHEREAS, the Panics desire to provide safety-net and personnel or prohibit Department personnel from staffing back-up services for patients in the community that need p p P p b the ALS Unit. The Department shall be solely responsible emergency medical services when the normal emergency the all compensation and bents to its personnel that medical system resources would result in a significantly provide Safety-Net EMS with the ALS Unit. delayed response("Safely-Net EMS-)-,and 4. Response Time Requirements. Any and all WHEREAS, the Parties want to combine certain of their applicable ambulance response time requirements will be individual resources on the terms and conditions herein to waived and suspended for AMR when Safety-Net EMS is improve emergency medical services firr patients in the implemented. community; NOW, T 5. Maintenance, Supplies, Equipment andTHEREFORE, Department and AMR hereby Replacement. AMR at its cost and expense will provide incorporate the above Recitals herein and agree as follows: equipment, disposable medical supplies and preventative maintenance for the ALS Unit_ AMR will replace or I. Term and 'Termination. phis Agreement shall replenish disposable medical supplies used by Department be for a terrrt of one (1) year from the Effective Date, as for Safety-Net EMS on a one-for-one basis. The defined below. This Agreement may be extended by Department shall he responsible for replacement of any mutual written consent of the Parties. This Agreement may equipment or disposable medical supplies that are lost, be terminated by either Party upon the material breach of stolen or damaged. The Department shall follow the this Agreement by the other Party if such breach is not replacement program and schedule established by AMR forcured within (15) tittcen days written notice ("Breach replacing or deconu»issioning vehicles- Notice") thereof to the other Party. The Breach Notice must specifically identify the material breach and li. 'Training. AMR may from time-to-time provide specifically request. remedy. Either Party may terminate Department, at no cost, with training for Department this Agreement without cause on thirty (30) days written personnel on ambulance driving and transport procedures. notice to the other Party. Any training will be at a mutually agreed upon time and place. 2. Vehicle Leased to Department. AMR hereby leases one (1) fully depreciated advanced life support 7_ Consideration. As consideration for Salety-Nct ambulance(`'ALS Unit`)to Department for Department to EMS, vehicic stationing, assignment of personnel to the provide Salety-Nct EMS, The Department shall be ALS Unit, deployment benefits and other consideration responsible for any applicable vehicle licensing or permit received from the Department, AMR will provide the requirements for the ALS Unit. The Department shall only Department with vehicle preventative mainwilance, use the ALS Unit for Safety-Net. EMS and only after equipment,disposable medical supplies, training and other notified by AMR that it needs Department to provide consideration as outlined in this Agreement and AMR will Safely-Net EMS. The Department shall not use the ALS lease the ALS Unit to the Department without charge. The Unit for any other purpose. The ALS Unit shall be marked Partics warrant and represent that the consideration and designated as a Department vehicle. The ALS Unit exchanged in this Agreement is fair market value. will be stationed at any Department Eire Station as deemed by the Department to be the best use of that ALS Unit. The S. Dispatch Services for Safely-Net EMS. When Department shall secure and store the ALS Unit during, AMR determines that it needs the Department to provide down time. The Department shall notify AMR Safety-Net EMS, AMR will contact the Department to immniediately ifthe ALS Unit has mechanical problems or is arrange for the Department to link with the dispatch center out-of-service. The Department shall also notify AMR of for the emergency medical systern. The Department will 2006 ANIR Salety-NEI Agreement Confidential and Proprietary Oft } IR SAFETY-NET AND BACK-UP AMBULANCE, SERVICES AGREEMENT immediately notify AMR it' it does not have available rates charged hereunder) and any other information personnel to staff the ALS Unit_ Pre-arrival instructions fir considered to be and treated as confidential by that parry Safety-Net EMS will continue to follow the procedures as gained during the negotiation or Term of this Agreement will be held in confidence by the other party and will not established by the emergency medical system. he divulged to any unauthorized person without prior written consent of the other party. except for access The Department may also use the ALS Unit tier standby required by law, regulation and third party reimbursement services that it may provide under any future agreement or agreements. agreement between the parties (-Future Standby Arrangeirrent'). Any transports that the Department may 15. Referrals. It is not the intent of either provide under any Future Standby Arrangement shall he party that any remuneration, benefit or privilege provided subiLct to the terms ol'paragraph I I below. for under this Agreement shall influence or in any way be based on the referral or recommended referral by either 9. Standard of Emergency Medical Services. The party of patients to the other party or its affiliated Department will provide Safety-Net EMS in accordance providers, if any, or the purchasing. leasing or ordering of any services other than the specific services described with prcvailinb industry standards of quality and care in this Agreement. Any payments specified herein are applicable to the emergency moodical services industry. consistent with what the parties reasonably believe to be a fair market value for the services provided. 10, Protocols. The Department will comply with any and all applicable emergency medical service 16. Relationship. In the perfixrrlance of this protocols. Agreement, each party hereto shall be. as to the other, an independent contractor and neither party shall have the 11. No Pavment for Safety-Net EMS. The Parties right or authority, express or implied, to bind or shall not seek fees, reimbursement or payment from any otherwise legally obligate the other. Nothing contained in patient, third-party a or or the other Part for an S,tcty- this Agreement shall be construed to constitute either p` p` y p y y y ' ` party assuming or undertaking control or direction of the Net EMS provided under this Agreement_ Safety-Net EMS operations, activities or medical care rendered by the shall be provided without compensation. Notwithstanding other. AMR and Department administrative staff shall the preceding sentences, if the Department does riot have meet on a regular basis to address issues of mutual available employees to provide Safety-Net EMS and rrnlst concern related to the provision of Services and the call-back employees who are off-duty to provide Safety- Parties' respective rights and obligations hereunder. Net EMS, AMR will reimburse the Department for its additional costs to call-back its off-duty employees ("Call- 17. Force Majeure. Neither Party shall he Back Pay"). The Department shall provide AMR with responsible for any delay in or failure of perl'ornnance payroll records and other documentation to support any resulting from acts of God, riot, war, civil unrest, natural invoice for Call-Back Pay. disaster, labor dispute or other circumstances not. reasonably within its control. 12. Indemnification. Each Party will indemnify and 18 111PAA. Each party shall comply with the hold the other Party harmless from and against any liability, privacy provisions of the Health Insurance Portability and Bairns or damages, including attorneys' fees, resulting Accountability Act of 1996 and the regulations thereunder from or alleged to result from any negligence or willful or ("IiIPAA"), and with such other requirements of HIPAA intentional misconduct of the indemnifying Party. that may become effective during the Term. 'i'Ile DEPARTMENT shall reasonably assist AMR in 14; Insurance_ AMR will obtain and maintain complying with HIPAA. including assisting AMR in throughout the term of this Agreement, comprehensive providing AMRts notice of privacy practices to Patients automotive insurance, comprehensive general liability prior to non-emergency transports and as soon as reasonably possible after emergency transports, and insurance,and professional liability insurance with limits of obtaining an acknowledgment of delivery of such notices $5 million per claimant per incident. Each Party will for non-emergency transports. Each party acknowledges maintain workers' compensation insurance in the statutory and agrees that it is considered a covered entity under required amounts. AMR acknowledges that the HIPAA. Accordingly, both parties are permitted to use Department has a statutory limit on liability pursuant to and disclose Protected Health Information in accordance MCA section 2-9-108. Department shall obtain and with IIIPAA without an additional written authorization of maintain insurance up to the limitation amounts provide in the Patent as long as both parties have a direct MCA section 2�)-108, relationship with the Patient. All Patient medical records shall be treated as confidential so as to comply with all state and federal laws. 14. Confidentiality. All infixrnation with respect to the operations and business of a party (including the 2006 AMR Safety-NE l ALrcemCOI -2- Confidcnlial and Propriclary --: SAFETY-NET AND BACK-UP AMBULANCE SERViCES AGREEMENT 19. Notice. All notices required under this document shall be written and served by registered mail to the Department at P.O. Box 1230, Bozeman, Montana 59771-1230 attention Director of Public Safety/Fire unless otherwise directed by said Department and to AMR at 2101 Industrial Drive, Bozeman. Montatki 59715, attention Operations Manager. utiless otherwise directed by AMR. 20. Attorneys' Fees. It is mutually understand and agreed that in the event that either party to this agreement brings any type of legal action to enforce any right or obligation contained in this agreement or any addendum thereto, the prevailing party shall be entitled to reasonable attorneys fees including the salary of the City Attorney or other in-house counsel. 21. Miscellaneous. This Agreement (including the Schedules hereto): (a) constitutes the entire agreement between the parties with respect to the subject matter hereof, superseding all prior oral or written agreements with respect thereto; (b) may be amended only by written instrument executed by both parties: (c) may not be assigned by either party without the written consent of the other party, such consent not to be unreasonably withheld; (d) shall be binding on and inure to the benefit of the parties hereto and their respective successors and permitted assigns; (e) shall be interpreted and enforced in accordance with the laws of the State of the principal office of the Department, without regard to the conflict of laws provisions thereof, and the federal laws of the United States applicable therein; (f) this Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement: and (g) this Agreement shall not be effective until executed by both parties. In the event of a disagreement between this Agreement and any Schedule hereto, the terms of this Agreement shall govern. IN WITNESS WHEREOF, the Parties have hereto executed this Agreement as of this 1st day of September 2(X)( ("liffeclive Dale'). American Medical Response Ambulance Service, Inc. By: oui. yer, Weist I egio CEO City of Bozeman Fire Department By: 1006 AMR Safely-Nfi1 Agreement -`j- Confidential and Proprietary