HomeMy WebLinkAboutAgreement A-21-303 with CA EMS Authority.pdfSCO ID: 4120-(21006 Agreement No . 21-303
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES .--------------,---------------.
STANDARD AGREEMENT
STD 213 (Rev. 03/201 9)
AGREEMEN T NUMBER
(21-006
PURCHA SING AUTHORl1Y NUMBER (If Appl ic abl e)
EMSA-4120
1. Thi s Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
Emergency Medical Services Authority (EMSA
CONTRACTO R NA ME
County of Fresno, acting as the Central California EMS Agency
2. The term of th is Agreement is :
START DAT E
July 1, 2021
THRO UGH END DA TE
June 30 , 2022
3. The maxi mum amount of th i s Agreement i s:
$4 0 6,201 .00 (Four Hundred Six Thousand Two Hundred One Dollars and Zero Cents )
4. The parties agree to comply with the terms and conditions of the following ex hibits, w hich are by this reference made a part of the Agreement.
Exhib its Title Pages
Exh i bit A Scope of Work 8
Ex hibit B Budget Detail and Payment Provisions 2
Attachment
1 Fund i ng Application 15
+ GTC -Ex hibit C * General Terms and Conditions -04/2017
+ -Ex h i bit D Special Terms and Conditions 4 -
+ -Ex hibit E Sample Invoice 1 -
Items show n w ith an asterisk (*), are hereb incor orated b reference and made art of th is a reement as it attached hereto. y p y p g
Thes e docum en ts ca n be viewed at https://www.d gs .ca.gov/OLS/Resources
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO .
CONTRACTOR
CONTRACTOR NAME (i f oth er than an ind ividual , state w hether a corpora t io n, pa rt nership , etc.)
County of Fresno, acting as the Central California EMS Agency
CONTRACTO R BU SINE SS ADDRESS
PO Box 11867
PR INTED NAME OF PERSON SIGNING
Steve Brandau
ATTEST:
BERNICE E . SEIDEL
Cl1Y
Fresno
TITLE
ST ATE ZIP
CA 93775
Chairman, Board of Supervisors County of Fresno
DATE SIG NED
Paqe 1 of 2
County of Fresno, acting as the Central California EMS Agency
Agreement Number: C21-006
Page 1 of 8
EXHIBIT A
Scope of Work
1.The Contractor (Central California EMS Agency) shall operate and manage a regional EMS
system, and report on accomplished works and duties to Emergency Medical Services
Authority (EMSA), in accordance with Division 2.5 of the Health and Safety Code and Title
22, CCR, Division 9 as described herein.
2.The Contractor shall refer to the EMSA publication #104, “Funding Multicounty EMS
Agencies with State General Funds” to assist in the administration of this contract. The
EMSA #104 can be found at http://www.emsa.ca.gov/Guidelines.
3.The Contractor requesting funding shall have on file a current EMS Plan/Annual update
approved by EMSA.
4.This term of this agreement shall be July 1, 2021 through June 30, 2022.
5.Representatives
All inquiries related to and during the term of this Agreement shall be addressed to the
authorized representatives listed below:
Agency:
Emergency Medical Services Authority
Contractor:
County of Fresno, acting as the Central California
EMS Agency
Name: Lisa Galindo Name: Daniel J. Lynch
Title: Contract Manager Title: EMS Director
Phone: (916) 431-3688 Phone: (559) 600-3387
E-Mail: lisa.galindo@emsa.ca.gov E-Mail: dlynch@co.fresno.ca.us
Direct all administrative inquiries to this agreement to:
Agency:
Emergency Medical Services Authority
Contractor:
County of Fresno, acting as the Central California
EMS Agency
Section/Unit: Administrative Unit Section/Unit:
Attention:
Yolanda D. Jackson, Contract Analyst
Attention:
Daniel J. Lynch, EMS Director
Address:
10901 Gold Center Dr, Ste 400
Rancho Cordova, CA 95670
Address:
P.O. Box 11867
Fresno, CA 93775
Phone: (916) 431-8471 Phone: (559) 600-3387
Email: Yolanda.jackson@emsa.ca.gov Email: dlynch@co.fresno.ca.us
County of Fresno, acting as the Central California EMS Agency
Agreement Number: C21-006
Page 2 of 8
EXHIBIT A
Scope of Work
6.Plan/Data Submission
A.The Contractor shall complete and submit an EMS Plan/update annually to EMSA in
compliance with Sections 1797.250 and 1797.254 of the Health and Safety Code. The
annual update shall be determined by EMSA in the agency’s last EMS Plan decision.
B.The Contractor that has implemented a specialty care system shall complete and
submit a trauma care system, STEMI/Stroke system, and EMS for Children program
plan and annual updates to EMSA in compliance with Sections 1797.257, 1797.258,
and 1799.205 of the Health and Safety Code, and Chapters 7, 7.1, 7.2, and 14 o f
Title 22, CCR, Division 9.
C.The Contractor shall complete and submit a Quality Improvement program and annual
updates to EMSA in compliance with Chapter 12 of Title 22, CCR, Division 9.
D.The Contractor shall regularly provide to EMSA, data it receives consistent with Section
1797.227 of the Health and Safety Code that conforms to EMSA’s California EMS
Information System Standards, National EMS Information System, and the California
State EMS Data Set.
7.Audit
A.The Contractor shall have an annual financial audit conducted by an independent or
county auditor covering the fiscal year in which funds were allocated. The copy of
the audit must be received by EMSA by December 31st. (See EMSA publication #104,
“Funding Multicounty EMS Agencies with State General Funds” Section 6.1 - Audit).
B.The final audit shall determine:
1.All costs incurred have been in accordance with the contract and See EMSA
publication #104, “Funding Multicounty EMS Agencies with State General Funds”.
2.Proper accounting records have been maintained for the administration of the
multicounty EMS agency and source documents have been filed.
3.All reimbursements have been proper and reflect actual and allowable costs.
4.Physical inventory has been taken of all equipment/property purchased with
State General Fund money. (See EMSA publication #104, “Funding Multicounty
EMS Agencies with State General Funds” See Sections 3.4 and 5.3).
5.Provisions have been made to retain source documents supporting costs
incurred for at least three years after the applicant agency has received final
payment or until any audit exceptions are resolved.
8.Quarterly Reporting
A.First through Fourth Quarter Task Reporting
1.The Contractor shall provide Quarterly Reports to EMSA by the 15th calendar day of
the month following the end of each quarter. The fourth quarter report is due by
August 1 and must include a Supplemental Year-End Data Report.
2.Quarterly Reports must contain a detailed description of work performed, the duties
of all parties, and a summary of activities that have been accomplished during the
quarter to meet the following eight EMS system components.
County of Fresno, acting as the Central California EMS Agency
Agreement Number: C21-006
Page 3 of 8
EXHIBIT A
Scope of Work
B. Component 1 – System Organization and Management
1. Objective - To develop and maintain an effective management system to meet the
emergency medical needs and expectations of the total population served.
2. Tasks: The responsibilities of the Contractor shall include, at a minimum:
A. Staff development, training, and, management.
B. Allocating and maintaining office space, office equipment, and office supplies.
C. Executing and maintaining contracts with member counties, service
providers, consultants, and contractual staff.
D. Attending or participating in a minimum of 3 EMSA/LEMSA meetings annually
(following advance notice and reasonable justification provided by the
LEMSA, EMSA will make a determination on the flexibility of the attendance
requirement on a case-by-case basis, and in the event the quarterly
EMSA/LEMSA meeting is canceled, attendance at the meeting will not be
counted for/against the LEMSA).
C. Component 2 – System Organization and Management
1. Objective -To ensure LEMSA authorized personnel functioning within the EMS
system are properly trained, licensed/certified/authorized and/or accredited to safely
provide medical care to the public.
2. Tasks: The responsibilities of the Contractor shall include, at a minimum:
A. Ongoing assessment of local training program needs.
B. Authorizing and approving training programs and curriculum for all certification
levels.
C. Providing training programs and classes as needed.
D. Providing ongoing certification/authorization/accreditation or personnel approval
of local scope of practice for all certification levels.
E. Developing and maintaining treatment protocols for all certification levels.
F. Maintaining communication link with Quality Improvement program to assess
performance of field personnel.
G. Conducting investigations and taking action against certification when indicated.
H. Authorizing, maintaining, and evaluating EMS continuing education programs.
D. Component 3 – Communications
1. Objective -To develop and maintain an effective communications system that meets
the needs of the EMS system.
2. Tasks: The responsibilities of the Contractor shall include, at a minimum:
A. On-going assessment of communications status and needs.
B. Assuring appropriate maintenance of EMS related communications systems.
C. Approving ambulance dispatch centers.
County of Fresno, acting as the Central California EMS Agency
Agreement Number: C21-006
Page 4 of 8
EXHIBIT A
Scope of Work
D.Providing acceptable procedures and communications for the purpose of
dispatch and on-line medical control.
E.Approving emergency medical dispatch (EMD) training and/or operational
programs.
E.Component 4 – Response and Transportation
1.Objective - To develop and maintain an effective EMS response and ambulance
transportation system that meets the needs of the population served.
2.Tasks: The responsibilities of the Contractor shall include, at a minimum:
A.Designating EMS responders including first responders, Limited Advanced Life
Support (LALS)/Advanced Life Support (ALS) providers, ambulance providers,
and Prehospital EMS Aircraft providers.
B.Monitoring local ordinances related to EMS.
C.Establishing policies and procedures to the system for the transportation of
patients to trauma centers and/or specialty care hospitals as needed.
D.Implementing and maintaining contracts with providers.
E.Creating exclusive operating areas
F.Component 5 – Facilities and Critical Care
1.Objective - To establish and/or identify appropriate facilities to provide for the
standards and care required by a dynamic EMS patient care delivery system.
2.Tasks: The responsibilities of the Contractor shall include, at a minimum:
A.Designating base hospital(s) or alternate base stations for on-line medical control
and direction.
B.Identifying ambulance receiving centers including hospitals and alternative
receiving facilities in rural areas.
C.Identifying and designating, as needed, trauma centers and other specialty care
facilities.
D.Periodically assessing trauma system and plan as needed.
E.Coordinating trauma patients to appropriate trauma center(s) or approved
receiving hospitals.
F.Periodically assessing hospitals (e.g., pediatric critical care centers, emergency
departments approved for pediatrics, other specialty care centers).
G.Completing hospital closure impact reports.
G.Component 6 – Data Collection and System Evaluation
1.Objective - To provide for appropriate system evaluation through the use of quality
data collection and other methods to improve system performance and evaluation.
2.Tasks: The responsibilities of the Contractor shall include, at a minimum:
A.Reviewing reportable incidents.
County of Fresno, acting as the Central California EMS Agency
Agreement Number: C21-006
Page 5 of 8
EXHIBIT A
Scope of Work
B.Reviewing prehospital care reports including Automated External Defibrillators
(AED) reports.
C.Processing and investigating quality assurance/improvement incident reports.
D.Monitoring and reporting on EMS System Core Measures by March 31st each
year and acknowledging completion of the monitoring and reporting as of
March 31st each year.
E.Providing data to CEMSIS monthly.
F.Implementing Health and Safety Code Section 1797.227, including providing
data using the current versions of NEMSIS and CEMSIS standards from
Electronic Health Records (EHR).
G.Engaging healthcare partners and Health Information Organizations in your
jurisdiction in discussions and planning efforts to integrate EMS into developing
health information exchange networks that promote interoperability and the use
of the Search, Alert, File, Reconcile Model.
H.Component 7 – Public Information and Education
1.Objective - To provide programs to establish an awareness of the EMS system, how
to access and use the system and provide programs to train members of the public
in first-aid and CPR.
2.Tasks: The responsibilities of the Contractor shall include, at a minimum:
A.Information and/or access to CPR and first-aid courses taught within the EMS
system.
B.Involvement in public service announcements involving prevention or EMS
related issues.
C.Availability of information to assist the population in catastrophic events, as
appropriate.
D.Participating in public speaking events and representing the EMS Agency during
news events and incidents.
E.Seeking opportunities to collaborate with key partners, including local public
health and other community organizations, to promote healthcare and injury
prevention activities
I.Component 8 – Disaster Medical Response
1.Objective -To collaborate with the Office of Emergency Services, Public Health and
EMS responders in the preparedness and response of the region’s EMS systems in
the event of a disaster or catastrophic event within the regions or a neighboring
jurisdiction.
2.Tasks: The responsibilities of the Contractor shall include, at a minimum:
A.Participating in disaster planning, training, and exercises as needed.
B.Identifying disaster preparedness, mitigation, response and recovery needs, as
requested.
County of Fresno, acting as the Central California EMS Agency
Agreement Number: C21-006
Page 6 of 8
EXHIBIT A
Scope of Work
C.Coordinating the Medical Health Operational Area Coordination (MHOAC)
Program or coordinating with the MHOAC Program of the affected
county/counties, as appropriate.
D.Coordinating the Regional Disaster Medical Health Coordinator (RDMHC)
Program or coordinating with the RDMHC Program within the member
county/county’s California Office of Emergency Services mutual aid region.
E.Developing policies and procedures for EMS personnel in response to a multi-
casualty or disaster incident.
F.Participating in the development of mutual aid agreements, as requested.
G.Collaborating with EMS providers on Incident Command Systems (ICS) and
Standardized Emergency Management System (SEMS) training as requested.
H.Providing opportunities/exercises for Ambulance Strike Team Leader Trainees to
complete their Position Task Books (PTB), as available.
9.Supplemental Year End Data Reporting
A.The Supplemental Year-End Data Report is due to EMSA by August 1, and must be
submitted with the 4th Quarter Task Report.
B.The Supplemental Year-End Data Report must include year-end data for the
individual workload indicators.
C.Component 1 – System Organization and Management
1.Objective -To develop and maintain an effective management system to meet the
emergency medical needs and expectations of the total population served.
2.Workload indicators shall include:
A.Total static population served (Determined by DOF estimates).
B.Total annual tourism population (Determined by identified sources).
C.Number of counties.
D.Geographic size of region (in square miles).
D.Component 2 – Staffing and Training
1.Objective -To ensure LEMSA authorized personnel functioning within the EMS
system are properly trained, licensed/certified/authorized and/or accredited to
safely provide medical care to the public.
2.Workload indicators shall include:
A.Total number of personnel certified/authorized/accredited by EMS agency.
B.Total number and type of training programs approved by EMS agency
C.Total number and type of training programs conducted by EMS agency.
D.Total number of continuing education providers authorized by EMS agency.
E.Component 3 – Communications
1.Objective -To develop and maintain an effective communications system that
meets the needs of the EMS system.
County of Fresno, acting as the Central California EMS Agency
Agreement Number: C21-006
Page 7 of 8
EXHIBIT A
Scope of Work
2. Workload indicators shall include:
A. Total number of primary and secondary Public Safety Answering Points.
B. Total number of EMS responses.
C. Total number of EMD training programs approved by EMS agency.
D. Total number and type of EMD programs authorized by EMS agency.
F. Component 4 – Response and Transportation
1. Objective -To develop and maintain an effective EMS response and ambulance
transportation system that meets the needs of the population served.
2. Workload indicators shall include:
A. Total ambulance response vehicles.
B. Total first responder agencies.
C. Total patients transported.
D. Total patients not transported (e.g., treated and released, total dry runs).
E. Total number of LALS/ALS providers authorized by EMS agency.
F. Total number of transport providers in region.
G. Component 5 – Facilities and Critical Care
1. Objective -To establish and/or identify appropriate facilities to provide for the
standards and care required by a dynamic EMS patient care delivery system.
2. Workload indicators shall include:
A. Total patients received.
B. Total number of hospitals designated by EMS agency (e.g., base, receiving,
trauma, STEMI, stroke, PCCC, EDAP/(PedRC), and PICU).
H. Component 6 – Data Collection and System Evaluation
1. Objective -To provide for appropriate system evaluation through the use of
quality data collection and other methods to improve system performance and
evaluation.
2. Workload indicators shall include:
A. Total patient care reports generated.
B. Total trauma patients.
C. Total cardiac patients
D. Total medical patients.
E. Total pediatric patients.
F. Total number of situational/unusual occurrence reports processed by EMS
agency.
County of Fresno, acting as the Central California EMS Agency
Agreement Number: C21-006
Page 8 of 8
EXHIBIT A
Scope of Work
G.Component 7 – Public Information and Education
1.Objective -To provide programs to establish an awareness of the EMS system,
how to access and use the system and provide programs to train members of the
public in first-aid and CPR.
2.Workload indicators shall include:
A.Total number of public information and education courses approved by EMS
agency.
B.Total number of public information and education courses conducted by EMS
agency.
C.Total number of public information and education events involving EMS
agency.
H.Component 8 – Disaster Medical Response
1.Objective -To collaborate with the Office of Emergency Services, Public Health
and EMS responders in the preparedness and response of the region’s EMS
systems in the event of a disaster or catastrophic event within the regions or a
neighboring jurisdiction.
2.Workload indicators shall include:
A.Total number of Disaster/Multiple Casualty Incident (MCI) Responses
(response with 5 or more victims).
B.Total number of disaster drills involving staff.
C.Total disaster-related meetings attended by staff.
County of Fresno, acting as the Central California EMS Agency
Agreement Number: C21-006
Page 1 of 2
EXHIBIT B
Budget Details and Provisions
1.Invoicing and Payment
A.For services satisfactorily rendered and approved by the EMSA Contract Manager, and
upon receipt and approval of the invoices, EMSA agrees to compensate the Contractor
in accordance with the Funding Application, Attachment 1 and this Exhibit B.
Incomplete or disputed invoices shall be returned to the Contractor, unpaid, for
correction.
B.Invoices shall be itemized in accordance with the Funding Application, Attachment 1,
and shall be signed and submitted on company letterhead in triplicate not more
frequently than monthly in arrears of the service.
C.Each invoice shall include:
1)Agreement Number
2)Time Period Covered
3)Invoice Number
4)Bill to Address
5)Remit to Address
6)Sufficient scope and detail to define the actual work performed and specific
milestones completed, including a description of the activities of the Contractor and
Subcontractor, the hours allocated to those activities, the locations where work was
performed, the expenses claimed, and any required reports.
D.Invoices shall be submitted in triplicate to:
Emergency Medical Services Authority
Attn: Lisa Galindo
Agreement Number:C21-006
10901 Gold Center Drive, Suite 400
Rancho Cordova, CA 95670
Final Invoices must be submitted no later than sixty (60) days after the end date of this
agreement.
Payment will be for actual services provided or actual costs. If EMSA does not approve the
invoice in accordance with identified general tasks or deliverables in this contract, payment
of the invoice will be withheld by EMSA and the Contractor will be notified. The Contractor
must take timely and appropriate measures to correct or remedy the reason(s) for non-
acceptance and demonstrate to EMSA that the Contractor has successfully completed the
scheduled work for each general task or deliverable before payment will be made.
2.Budget Contingency Clause
A.It is mutually understood between the parties that this Agreement may have been written
before ascertaining the availability of congressional or legislative appropriation of funds,
for the mutual benefit of both parties in order to avoid program and fiscal delays that
would occur if the Agreement were executed after that determination was made.
County of Fresno, acting as the Central California EMS Agency
Agreement Number: C21-006
Page 2 of 2
EXHIBIT B
Budget Details and Provisions
B.This Agreement is valid and enforceable only if sufficient funds are made available to the
State of California by the United States Government or the California State Legislature
for the purpose of this program. In addition, this Agreement is subject to any additional
restrictions, limitations, conditions, or any statute enacted by the Congress or the State
Legislature that may affect the provisions, terms or funding of this Agreement in any
manner.
C.It is mutually agreed that if the Congress or the State Legislature does not appropriate
sufficient funds for the program, this Agreement shall be amended to reflect any
reduction in funds.
D.Pursuant to Government Code, Section 927.13, no late payment penalty shall accrue
during any time period for which there is no Budget Act in effect, nor on any payment or
refund that is the result of a federally mandated program or that is directly dependent
upon the receipt of federal funds by a state agency.
3.Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government
Code Chapter 4.5, commencing with Section 927.
4.Cost Limitation
Total amount of this Agreement shall not exceed $406,201.00
5.Rates
Rates for these services may be found on Funding Application, Attachment 1 of this
document.
6.Excise Tax
The State of California is exempt from federal excise taxes, and no payment will be made for
any taxes levied on employees' wages. EMSA will pay for any applicable State or local sales
or use taxes on the services rendered or equipment or parts supplied pursuant to this
Agreement. EMSA may pay any applicable sales and use tax imposed by another state.
7.Cost Principles
A.The Contractor agrees that the Cost Principles and Procedures in 48 Code of Federal
Regulations (CFR), Part 31, and the Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards, in 2 CFR, Part 200, shall be
used to determine the allowable individual items of cost.
B.Any costs for which payment has been made to the Contractor that are determined by
subsequent audit to be unallowable under 48 CFR, Part 31 or 2 CFR, Part 200 are
subject to repayment by Contractor to EMSA.
C.Any subcontract entered into as a result of this Agreement shall contain all of the
provisions of this Section.
Central California Emergency Medical Services Agency A Division of Fresno County Department of Public Health TULARE
Daniel J Lynch
EMS Director
James Andrews, M.D.
EMS Medical Director
Fresno County
Dept of Public Health
1221 Fulton Mall
P.O. Box 11867
Fresno CA 93775
(559) 600-3387
Fax (559) 600-7691
www.ccemsa.org
Application
STATE GENERAL FUND ALLOCATION
FOR REGIONAL EMS AGENCIES – FY 2021/22
MADERA
KINGS
FRESNO
County of Fresno, acting as the Central California EMS Agency
Attachment 1, Funding Application
Agreement Number: C21-006
Page 1 of 15
EMS AGENCY MISSION STATEMENT
The EMS Agency is committed to the needs of the multicounty pre-hospital
environment. Our mission is to inspire, educate, evaluate, direct, provide
resources, and ensure that each citizen receives the highest level of care.
Our goals are to facilitate an environment of collaboration among all providers
and agencies in which there is innovation, purpose, standardized care, proactive
technologies, preparedness, coordination, and integration.
Our values are honesty, loyalty, equality, originality, integrity, and communication.
County of Fresno, acting as the Central California EMS Agency
Attachment 1, Funding Application
Agreement Number: C21-006
Page 2 of 15
CCEMSA – 2020/21 Regional Funding Application Page 1
This application to the State of California
Emergency Medical Services Authority is for the
continuation of State General Fund assistance
for the planning, implementation, and
maintenance of a multi-county EMS system. The
Fresno County Department of Public Health is
the designated local EMS Agency for the
Counties of Fresno, Kings, Madera and Tulare
Counties. Through specific agreements
between each County, this integrated EMS
system provides 100% paramedic coverage with
consolidated resources of both public and
private provider agencies. The development of
regional policies and procedures assures that
out of hospital care and procedures are
consistent and that patients throughout the
region are receiving quality patient care.
Significant changes are occurring in healthcare
and the Emergency Medical Services has an
increasing role in the delivery of prehospital and
“out-of-hospital” care. The response to the
COVID19 pandemic has tested the strength and
flexibility of the EMS system and the region has
responded very well. EMS system throughout
the state, including the CCEMSA have used
EMS personnel to fill positions that are non-EMS
related but required skilled and professional
staffing, which involved EMS. This is a
testament to the ability of EMS systems to safely
and effectively manage “mobile integrated
healthcare” or community paramedicine. EMS
systems still continue to find themselves in an
awkward position of developing changes in the
delivery model of prehospital care, while at the
same time trying to protect the EMS system
from expansion of traditional services and roles
that are no longer needed. EMS systems are
looking towards healthcare models that further
decrease the number of patients accessing
emergency departments. The CCEMSA has
implemented several changes this past year with
the sole focus of trying to keep paramedic
ambulances available to the EMS system. This
includes
furthering the use of Basic Life Support
ambulances to handle prehospital requests for
behavioral health incidents (i.e. 5150) and many
non-emergency requests for ambulance service
that data has shown not to require the use of an
paramedic ambulance. Three years ago, the
EMS Agency reduced code 3 responses by
nearly 30% by conducting an in-depth study of
responses, which resulted in reducing many
lights and sirens responses to non-lights and
sirens responses.
The EMS agency’s continuing challenge is to
assure that the integrity of the EMS System
remains intact. The EMS system continues to
move forward and ideas are in place to further
enhance the quality level of care provided
throughout the EMS region. The funding
provided by the State of California greatly
assists the EMS Agency in maintaining this level
of commitment to each of these counties and
provides a standard level of care that may not
be possible without this assistance.
The Central California EMS Agency is prepared
to meet the challenges of the coming year. With
the challenges come opportunities and the
CCEMSA will be aggressively pursuing any
changes that will continue to protect the citizens,
continue the provision of excellent prehospital
care, and expand the development of out-of-
hospital care.
Daniel J. Lynch
EMS Director
INTRODUCTION
The response to the COVID19 pandemic has tested the strength and flexibility of
the EMS system and the region has responded very well. Daniel J. Lynch
County of Fresno, acting as the Central California EMS Agency
Attachment 1, Funding Application
Agreement Number: C21-006
Page 3 of 15
CCEMSA – 2020/21 Regional Funding Application Page 2
SCOPE OF WORK
The multicounty EMS agency shall operate and manage a regional EMS system, and report on
accomplished work and duties to EMSA, in accordance with Division 2.5 of the Health and Safety Code
and Title 22, CCR, Division 9. Refer to EMSA #104 “Funding Assistance Manual: Multicounty EMS
Agencies Using State General Funds” for funding criteria and requirements. EMSA #104 can be
accessed at https://emsa.ca.gov/multicounty-info/.
PLAN/DATA SUBMISSION
The multicounty EMS agency must complete and submit an EMS Plan/update annually to EMSA in
compliance with Sections 1797.250 and 1797.254 of the Health and Safety Code. The annual update
is determined by EMSA in the agency’s last EMS Plan decision.
A multicounty EMS agency that has implemented a specialty care system must complete and submit a
trauma care system, STEMI/Stroke system, and EMS for Children program plan and annual updates to
EMSA in compliance with Sections 1797.257, 1797.258, and 1799.205 of the Health and Safety Code,
and Chapters 7, 7.1, 7.2, and 14 of Title 22, CCR, Division 9.
The multicounty EMS agency must complete and submit a Quality Improvement program and annual
updates to EMSA in compliance with Chapter 12 of Title 22, CCR, Division 9.
The multicounty EMS agency shall regularly provide to EMSA, data it receives consistent with Section
1797.227 of the Health and Safety Code that conforms to EMSA’s California EMS Information System
Standards, National EMS Information System, and the California State EMS Data Set.
AUDIT
The multicounty EMS agency shall have an annual financial audit conducted by an independent or
county auditor covering the fiscal year in which funds were allocated. The copy of the audit must be
received by EMSA by December 31st. (See Section 6.1 - Audit)
The final audit shall determine:
• All costs incurred have been in accordance with the contract and EMSA #104.
• Proper accounting records have been maintained for the administration of the multicounty
EMS agency and source documents have been filed.
• All reimbursements have been proper and reflect actual and allowable costs.
• Physical inventory has been taken of all equipment/property purchased with State General
Fund money. (See Sections 3.4 and 5.3)
• Provisions have been made to retain source documents supporting costs incurred for at least
three years after the applicant agency has received final payment or until any audit exceptions
are resolved.
SCOPE OF WORK
County of Fresno, acting as the Central California EMS Agency
Attachment 1, Funding Application
Agreement Number: C21-006
Page 4 of 15
CCEMSA – 2020/21 Regional Funding Application Page 3
QUARTERLY REPORTING - 1st THROUGH 4th QUARTER TASK REPORTS
Quarterly Reports are due to EMSA by the 15th calendar day of the month following the end of each
quarter. The fourth quarter report is due by August 1st, and must include a Supplemental Year-End
Data Report.
Quarterly Reports must contain a detailed description of work performed, the duties of all parties, and a
summary of activities that have been accomplished during the quarter to meet the following eight EMS
system components.
Component 1 - System Organization and Management
Objective - To develop and maintain an effective management system to meet the emergency medical
needs and expectations of the total population served.
Tasks: The responsibilities of the EMS agency, at a minimum, include:
Staff development, training, and, management
Allocating and maintaining office space, office equipment, and office supplies
Executing and maintaining contracts with member counties, service providers, consultants, and
contractual staff
Attending or participating in a minimum of 3 EMSA/LEMSA meetings annually (following
advance notice and reasonable justification provided by the LEMSA, EMSA will make a
determination on the flexibility of the attendance requirement on a case-by-case basis, and in
the event the quarterly EMSA/LEMSA meeting is canceled, attendance at the meeting will not
be counted for/against the LEMSA)
Component 2 - Staffing and Training
Objective - To ensure LEMSA authorized personnel functioning within the EMS system are properly
trained, licensed/certified/authorized and/or accredited to safely provide medical care to the public.
Tasks: The responsibilities of the EMS agency, at a minimum, include:
Ongoing assessment of local training program needs
Authorizing and approving training programs and curriculum for all certification levels
Providing training programs and classes as needed
Providing ongoing certification/authorization/accreditation or personnel approval of local scope
of practice for all certification levels
Developing and maintaining treatment protocols for all certification levels
Maintaining communication link with Quality Improvement program to assess performance of
field personnel
Conducting investigations and taking action against certification when indicated
Authorizing, maintaining, and evaluating EMS continuing education programs
Continued on Next Page
County of Fresno, acting as the Central California EMS Agency
Attachment 1, Funding Application
Agreement Number: C21-006
Page 5 of 15
CCEMSA – 2020/21 Regional Funding Application Page 4
Component 3 - Communications
Objective - To develop and maintain an effective communications system that meets the needs of the
EMS system.
Tasks: The responsibilities of the EMS agency, at a minimum, include:
On-going assessment of communications status and needs
Assuring appropriate maintenance of EMS related communications systems
Approving ambulance dispatch centers
Providing acceptable procedures and communications for the purpose of dispatch and on-line
medical control
Approving emergency medical dispatch (EMD) training and/or operational programs
Component 4 - Response and Transportation
Objective - To develop and maintain an effective EMS response and ambulance transportation system
that meets the needs of the population served.
Tasks: The responsibilities of the EMS agency, at a minimum, include:
Designating EMS responders including first responders, Limited Advanced Life Support
(LALS)/Advanced Life Support (ALS) providers, ambulance providers, and Prehospital EMS
Aircraft providers
Monitoring local ordinances related to EMS
Establishing policies and procedures to the system for the transportation of patients to trauma
centers and/or specialty care hospitals as needed
Implementing and maintaining contracts with providers
Creating exclusive operating areas
Inspecting ambulance or LALS/ALS providers
Developing and enforcing performance standards as needed
Component 5 - Facilities and Critical Care
Objective - To establish and/or identify appropriate facilities to provide for the standards and care
required by a dynamic EMS patient care delivery system.
Tasks: The responsibilities of the EMS agency, at a minimum, include:
Designating base hospital(s) or alternate base stations for on-line medical control and direction
Identifying ambulance receiving centers including hospitals and alternative receiving facilities in
rural areas
Identifying and designating, as needed, trauma centers and other specialty care facilities
Periodically assessing specialty care system and plan(s) as needed
Coordinating specialty care patients to appropriate specialty care center(s) or approved
receiving hospitals
Periodically assessing hospitals (e.g., trauma centers, STEMI centers, stroke centers, pediatric
critical care centers (PCCC), emergency departments approved for pediatrics (EDAP)/pediatric
receiving centers (PedRC), pediatric intensive care unit (PICU)
Completing hospital closure impact reports
County of Fresno, acting as the Central California EMS Agency
Attachment 1, Funding Application
Agreement Number: C21-006
Page 6 of 15
CCEMSA – 2020/21 Regional Funding Application Page 5
Component 6 - Data Collection and System Evaluation
Objective - To provide for appropriate system evaluation through the use of quality data collection and
other methods to improve system performance and evaluation.
Tasks: The responsibilities of the EMS agency, at a minimum, include:
Reviewing reportable incidents
Reviewing prehospital care reports including Automated External Defibrillator (AED) reports
Processing and investigating quality assurance/improvement incident reports
Monitoring and reporting on EMS System Core Measures by March 31st each year, and
acknowledging completion of the monitoring and reporting as of March 31st each year
Providing near real time data to CEMSIS, or at no less than monthly intervals
Implementing Health and Safety Code Section 1797.227, including providing data from
Electronic Health Records (EHR) using the current NEMSIS and CEMSIS version standards
Engaging healthcare partners and Health Information Organizations in your jurisdiction in
discussions and planning efforts to integrate EMS into developing health information exchange
networks that promote interoperability and the use of the Search, Alert, File, Reconcile Model
Component 7 - Public Information and Education
Objective - To provide programs to establish an awareness of the EMS system, how to access and use
the system, and provide programs to train members of the public in first-aid and CPR.
Tasks: The responsibilities of the EMS agency, at a minimum, include:
Information and/or access to CPR and first-aid courses taught within the EMS system
Involvement in public service announcements involving prevention or EMS related issues
Availability of information to assist the population in catastrophic events, as appropriate
Participating in public speaking events and representing the EMS agency during news events
and incidents
Seeking opportunities to collaborate with key partners, including local public health and other
community organizations, to promote healthcare and injury prevention activities
Component 8 - Disaster Medical Response
Objective - To collaborate with the affected county/county’s Office of Emergency Services, public health
department(s), and EMS responders in the preparedness and response of the region’s EMS system in
the event of a disaster or catastrophic event within the affected operational area, region, or neighboring
jurisdictions.
Tasks: The responsibilities of the EMS agency, at a minimum, include:
Participating in disaster planning, training, and exercises, as needed
Identifying medical disaster preparedness, mitigation, response, and recovery needs, as
requested
Coordinating the Medical Health Operational Area Coordination (MHOAC) Program or
coordinating with the MHOAC Program of the affected county/counties, as appropriate
County of Fresno, acting as the Central California EMS Agency
Attachment 1, Funding Application
Agreement Number: C21-006
Page 7 of 15
CCEMSA – 2020/21 Regional Funding Application Page 6
Coordinating the Regional Disaster Medical Health Coordination (RDMHC) Program or
coordinating with the RDMHC Program within the member county/county’s California Office of
Emergency Services mutual aid region
Developing policies and procedures for EMS personnel in response to multicasualty or disaster
incidents
Participating in the development of mutual aid agreements, as requested
Collaborating with EMS providers on Incident Command Systems (ICS) and Standardized
Emergency Management System (SEMS) training, as requested
Providing opportunities/exercises for Ambulance Strike Team Leader Trainees to complete their
Position Task Books (PTB), as available
SUPPLEMENTAL YEAR-END DATA REPORT
The Supplemental Year-End Data Report is due to EMSA by August 1st, and must be submitted with
the 4th Quarter Task Report. The Supplemental Year-End Data Report must include year-end data for
the individual workload indicators.
Component 1 - System Organization and Management
Objective - To develop and maintain an effective management system to meet the emergency medical
needs and expectations of the total population served.
Workload Indicators:
Total static population served (Determined by DOF estimates)
Total annual tourism population (Determined by identified sources)
Number of counties
Geographic size of region (in square miles)
Component 2 - Staffing and Training
Objective - To ensure LEMSA authorized personnel functioning within the EMS system are properly
trained, licensed/certified/authorized and/or accredited to safely provide medical care to the public.
Workload Indicators:
Total number of personnel certified/authorized/accredited by EMS agency
Total number and type of training programs approved by EMS agency
Total number and type of training programs conducted by EMS agency
Total number of continuing education providers authorized by EMS agency
Continued on Next Page
County of Fresno, acting as the Central California EMS Agency
Attachment 1, Funding Application
Agreement Number: C21-006
Page 8 of 15
CCEMSA – 2020/21 Regional Funding Application Page 7
Component 3 - Communications
Objective - To develop and maintain an effective communications system that meets the needs of the
EMS system.
Workload Indicators:
Total number of primary and secondary Public Safety Answering Points
Total number of EMS responses
Total number of EMD training programs approved by EMS agency
Total number and type of EMD programs authorized by EMS agency
Component 4 - Response and Transportation
Objective - To develop and maintain an effective EMS response and ambulance transportation system
that meets the needs of the population served.
Workload Indicators:
Total ambulance response vehicles
Total first responder agencies
Total patients transported
Total patients not transported (e.g., treated and released, total dry runs)
Total number of LALS/ALS providers authorized by EMS agency
Total number of transport providers in region
Component 5 - Facilities and Critical Care
Objective - To establish and/or identify appropriate facilities to provide for the standards and care
required by a dynamic EMS patient care delivery system.
Workload Indicators:
Total patients received
Total number of hospitals designated by EMS agency (e.g., base, receiving, trauma, STEMI,
stroke, PCCC, EDAP/(PedRC), and PICU)
Component 6 - Data Collection and System Evaluation
Objective - To provide for appropriate system evaluation through the use of quality data collection and
other methods to improve system performance and evaluation.
Workload Indicators:
Total patient care reports generated
Total trauma patients
Total cardiac patients
Total medical patients
Total pediatric patients
Total number of situational/unusual occurrence reports processed by EMS agency
County of Fresno, acting as the Central California EMS Agency
Attachment 1, Funding Application
Agreement Number: C21-006
Page 9 of 15
CCEMSA – 2020/21 Regional Funding Application Page 8
Component 7 - Public Information and Education
Objective - To provide programs to establish an awareness of the EMS system, how to access and use
the system, and provide programs to train members of the public in first-aid and CPR.
Workload Indicators:
Total number of public information and education courses approved by EMS agency
Total number of public information and education courses conducted by EMS agency
Total number of public information and education events involving EMS agency
Component 8 - Disaster Medical Response
Objective - To collaborate with the affected county/county’s Office of Emergency Services, public health
department(s), and EMS responders in the preparedness and response of the region’s EMS system in
the event of a disaster or catastrophic event within the affected operational area, region, or neighboring
jurisdictions.
Workload Indicators:
Total number of Disaster/Multiple Casualty Incident (MCI) Responses (response with 5 or more
victims)
Total number of disaster drills involving staff
Total disaster-related meetings attended by staff
County of Fresno, acting as the Central California EMS Agency
Attachment 1, Funding Application
Agreement Number: C21-006
Page 10 of 15
CCEMSA – 2020/21 Regional Funding Application Page 9
Budget Categories
Budget Categories State General fund Local Fund Total
Personnel $261,500 $812,364 $$1,073,864.00
*Fringe Benefits $96,755 $771,348 $$868,103.00
Memberships $4,350 $0 $$4,350.00
Material and Supplies $6,669 $13,331 $20,000.00
Administrative/Indirect 10% of Total
Direct Costs
**Unreimbursed Indirect Cost (Local
funding includes $46,451
unreimbursable indirect cost for the
portion of 12.579% over the allowable
10% from State General Fund)
$36,927
$46,451
$360,595
$36,927
$46,451
$360,595
TOTALS $$406,201.00 $$2,004,089.00 $2,410,290
* Fringe benefits are reimbursable at maximum of 37% on personnel costs from State, and the exceeded costs are funded by local fund.
**Currently, Indirect cost applied in Fresno County is 22.579%.
Program Funding
Program Funding State General Fund Local Funds Total
State General Fund $406,201 $406,201
Kings County $53,864 $53,864
Madera County $53,864 $53,864
Tulare County $53,864 $53,864
Fresno County $1,842,497 $1,842,497
TOTALS $406,201 $2,004,089.00 $2,410,290.00
BUDGET County of Fresno, acting as the Central California EMS Agency
Attachment 1, Funding Application
Agreement Number: C21-006
Page 11 of 15
CCEMSA – 2020/21 Regional Funding Application Page 10
Budget Detail/Narrative
Personnel:
The following positions are funded under this agreement.
Dale Dotson, EMS Coordinator 1.0 FTE 2080 hours @ $36.7582 $76,457
Responsible for overall supervision of Operations in Fresno, Kings, Madera and Tulare Counties.
Responsibilities include implementation and enforcement of policy and procedures, investigation of
incidents, coordination between agencies and the EMS agency, first responder liaison, hospital and
base hospital coordination, and attendance at EMS related meetings. 100% of his salary is paid for
with State GF.
Dan Lynch, EMS Director .2825 FTE 587.51 hours @ $53.9817 $31,715
Responsible for administrative functions of the EMS agency. This position manages all staff. 28.25%
of his salary is paid for with State GF.
John Cardona, EMS Specialist 1.0 FTE 2080 hours @ $33.4481 $69,572
Responsible for Tulare operations and oversight, which includes ambulance inspections, performance
reviews, contract compliance evaluations, performance and appeal investigation, Tulare County
Ambulance Commission preparation, system performance reports, and attendance at EMS related
meetings. 100% of his salary is paid for with State GF.
Monica Bautista , Office Assistant III 1.0 FTE 2080 hours @ $18.7567 $39,014
Responsible for clerical support for the operations division, which includes miscellaneous
administrative support, meeting minutes, purchasing and inventory, requisition management, and
correspondence materials. 100% of his salary is paid for with State GF.
Curtis Jack, EMS Coordinator .5852 FTE 1217.198 hours @ 36.7582 $44,742
Responsible for Disaster Medical Services for the EMS region, which includes coordination with
ambulance providers, hospitals and allied agencies in disaster response and preparedness.
Note: Personnel listed above are funded through the funds listed in Program Funding
County of Fresno, acting as the Central California EMS Agency
Attachment 1, Funding Application
Agreement Number: C21-006
Page 12 of 15
CCEMSA – 2020/21 Regional Funding Application Page 11
Personnel Classification
Personnel Staff
Person
State General Fund Local Funds Total % of
Time
Local/State
State
General
Fund
Local
Funds % of
Time
Pay
Rate*
% of
Time Pay Rate*
Manager Lynch 28.25% $53.9817 71.75% $53.9817 100% $31,715 $80,567
Senior Specialist Buehler 100% $35.0813 100% 0 $72,969
Senior Specialist Dotson 100% $36.7582 100% $76,457 0
Senior Specialist Myers 100% $36.7582 100% 0 $76,457
Senior Specialist Parker 100% $36.7582 100% 0 $76,457
Senior Specialist Jack 58.52% $36.7582 41.48% $36.7582 100% $44,742 $31,715
Systems Program Analyst Deaver 100% $38.7409 100% 0 $80,581
IT Analyst Deleted 0 0
EMS Specialist Barrera 100% $33.4481 100% 0 $69,572
EMS Specialist Cardona 100% $33.4481 100% $69,572 0
EMS Specialist Deleted 0 0
EMS Specialist Rodriguez 100% $33.4481 100% 0 $69,572
EMS Specialist Whitaker 100% $28.2082 100% 0 $58,673
EMS Specialist Lakela 100% $33.2038 100% 0 $69,064
EMS Specialist Part-time 74.33% $23.3095 74.33% 0 $36,038
Staff Analyst Vacant 0 0
Secretary IV Brooks 80% $24.0115 80% 0 $39,955
Office Assistant III Alonso 50% $16.7822 50% 0 $17,453
Office Assistant III Bautista 100% $18.76 100% $39,014 0
Stand-by Pay Duty
Officers 13316 hrs 100% 0 $33,290
*Salaries are based upon 2080 hours per year. Hourly rates are also rounded to the nearest cents.
Total $261,500 $812,363
County of Fresno, acting as the Central California EMS Agency
Attachment 1, Funding Application
Agreement Number: C21-006
Page 13 of 15
CCEMSA – 2020/21 Regional Funding Application Page 12
Fringe Benefits:
Benefit Amount Percent
Unemployment Insurance $849 0.3247%
Retirement $165,274 63.20%
OASDI contribution $20005 7.650%
Health Insurance $42,890 Flat Rate*
Benefits Administration $472 Flat Rate **
Total ****$229,490
* Health Insurance is estimated at a flat rate of $9,605 per FTE. Employees with dependent coverage is $12,476 and is based on annual
open enrollment information.
**Benefit administration is $122 per FTE.
****The Actual cost of fringe benefits is $229,490. The State Agreement limits fringe benefit costs to 37% of total personnel costs. The
remaining difference will be covered by local funds.
Budget Detail
Memberships: The cost allocation of $4,350 is the estimated cost of membership in the EMS Administrators
Associations, Emergency Medical Directors Association and other EMS related entities.
Materials and Supplies: The cost for various office supplies needed by assigned staff.
Administrative/Indirect Cost:
Fresno County has chosen to claim the 10% overhead/indirect cost allowed by the State. The 22.579% of indirect
cost rates are currently applied in Fresno County, and the cost includes administrative support, departmental
support and county overhead. Since the agreement is limited to 10% indirect cost, Fresno County will assume
the responsibilities of the unreimburseable 12.579% indirect costs.
County of Fresno, acting as the Central California EMS Agency
Attachment 1, Funding Application
Agreement Number: C21-006
Page 14 of 15
CCEMSA – 2020/21 Regional Funding Application Page 13
County of Fresno, acting as the Central California EMS Agency
Attachment 1, Funding Application
Agreement Number: C21-006
Page 15 of 15
General Terms and Conditions (GTC 04/2017) EXHIBIT C
1.APPROVAL: This Agreement is of no force or effect until signed by both parties
and approved by the Department of General Services, if required. Contractor
may not commence performance until such approval has been obtained.
2.AMENDMENT: No amendment or variation of the terms of this Agreement shall be
valid unless made in writing, signed by the parties and approved as required. No
oral understanding or Agreement not incorporated in the Agreement is binding on
any of the parties.
3.ASSIGNMENT: This Agreement is not assignable by the Contractor, either in
whole or in part, without the consent of the State in the form of a formal written
amendment.
4.AUDIT: Contractor agrees that the awarding department, the Department of General
Services, the Bureau of State Audits, or their designated representative shall have
the right to review and to copy any records and supporting documentation pertaining
to the performance of this Agreement. Contractor agrees to maintain such records for
possible audit for a minimum of three (3) years after final payment, unless a longer
period of records retention is stipulated. Contractor agrees to allow the auditor(s)
access to such records during normal business hours and to allow interviews of any
employees who might reasonably have information related to such records. Further,
Contractor agrees to include a similar right of the State to audit records and interview
staff in any subcontract related to performance of this Agreement. (Gov. Code
§8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5.INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the
State, its officers, agents and employees from any and all claims and losses accruing
or resulting to any and all contractors, subcontractors, suppliers, laborers, and any
other person, firm or corporation furnishing or supplying work services, materials, or
supplies in connection with the performance of this Agreement, and from any and all
claims and losses accruing or resulting to any person, firm or corporation who may be
injured or damaged by Contractor in the performance of this Agreement.
6.DISPUTES: Contractor shall continue with the responsibilities under this
Agreement during any dispute.
7.TERMINATION FOR CAUSE: The State may terminate this Agreement and be
relieved of any payments should the Contractor fail to perform the requirements of
this Agreement at the time and in the manner herein provided. In the event of such
termination the State may proceed with the work in any manner deemed proper by
the State. All costs to the State shall be deducted from any sum due the Contractor
under this Agreement and the balance, if any, shall be paid to the Contractor upon
demand.
8.INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of
Contractor, in the performance of this Agreement, shall act in an independent
capacity and not as officers or employees or agents of the State.
9.RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty
of perjury, the minimum, if not exact, percentage of post-consumer material as
defined in the Public Contract Code Section 12200, in products, materials, goods, or
supplies offered or sold to the State regardless of whether the product meets the
requirements of Public Contract Code Section 12209. With respect to printer or
duplication cartridges that comply with the requirements of Section 12156(e), the
certification required by this subdivision shall specify that the cartridges so comply
(Pub. Contract Code §12205).
10.NON-DISCRIMINATION CLAUSE: During the performance of this Agreement,
Contractor and its subcontractors shall not deny the contract’s benefits to any person
on the basis of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information, marital status,
sex, gender, gender identity, gender expression, age, sexual orientation, or military
and veteran status, nor shall they discriminate unlawfully against any employee or
applicant for employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic information,
marital status, sex, gender, gender identity, gender expression, age, sexual
orientation, or military and veteran status. Contractor shall insure that the evaluation
and treatment of employees and applicants for employment are free of such
discrimination. Contractor and subcontractors shall comply with the provisions of the
Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations
promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of
Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code
§§11135-11139.5), and the regulations or standards adopted by the awarding state
agency to implement such article. Contractor shall permit access by representatives
of the Department of Fair Employment and Housing and the awarding state agency
upon reasonable notice at any time during the normal business hours, but in no case
less than 24 hours’ notice, to such of its books, records, accounts, and all other
sources of information and its facilities as said Department or Agency shall require to
ascertain compliance with this clause. Contractor and its subcontractors shall give
written notice of their obligations under this clause to labor organizations with which
they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2,
§11105.)
Contractor shall include the nondiscrimination and compliance provisions of this
clause in all subcontracts to perform work under the Agreement.
11.CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES
contained in the document CCC 04/2017 are hereby incorporated by reference
and made a part of this Agreement by this reference as if attached hereto.
12.TIMELINESS: Time is of the essence in this Agreement.
13.COMPENSATION: The consideration to be paid Contractor, as provided herein,
shall be in compensation for all of Contractor's expenses incurred in the
performance hereof, including travel, per diem, and taxes, unless otherwise
expressly so provided.
14.GOVERNING LAW: This contract is governed by and shall be interpreted in
accordance with the laws of the State of California.
15.ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies
that if these services or goods are obtained by means of a competitive bid, the
Contractor shall comply with the requirements of the Government Codes Sections
set out below.
a.The Government Code Chapter on Antitrust claims contains the following
definitions:
1)"Public purchase" means a purchase by means of competitive bids of
goods, services, or materials by the State or any of its political subdivisions
or public agencies on whose behalf the Attorney General may bring an
action pursuant to subdivision (c) of Section 16750 of the Business and
Professions Code.
2)"Public purchasing body" means the State or the subdivision or
agency making a public purchase. Government Code Section 4550.
b.In submitting a bid to a public purchasing body, the bidder offers and
agrees that if the bid is accepted, it will assign to the purchasing body all
rights, title, and interest in and to all causes of action it may have under
Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright
Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of
the Business and Professions Code), arising from purchases of goods,
materials, or services by the bidder for sale to the purchasing body
pursuant to the bid. Such assignment shall be made and become effective
at the time the purchasing body tenders final payment to the bidder.
Government Code Section 4552.
c.If an awarding body or public purchasing body receives, either through
judgment or settlement, a monetary recovery for a cause of action assigned
under this chapter, the assignor shall be entitled to receive reimbursement
for actual legal costs incurred and may, upon demand, recover from the
public body any portion of the recovery, including treble damages,
attributable to overcharges that were paid by the assignor but were not paid
by the public body as part of the bid price, less the expenses incurred in
obtaining that portion of the recovery. Government Code Section 4553.
d.Upon demand in writing by the assignor, the assignee shall, within one year
from such demand, reassign the cause of action assigned under this part if
the assignor has been or may have been injured by the violation of law for
which the cause of action arose and (a) the assignee has not been injured
thereby, or (b) the assignee declines to file a court action for the cause of
action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of
$100,000, the contractor acknowledges in accordance with Public Contract Code
7110, that:
a. The contractor recognizes the importance of child and family support
obligations and shall fully comply with all applicable state and federal laws
relating to child and family support enforcement, including, but not limited
to, disclosure of information and compliance with earnings assignment
orders, as provided in Chapter 8 (commencing with section 5200) of Part 5
of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the
earnings assignment orders of all employees and is providing the names
of all new employees to the New Hire Registry maintained by the
California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement
is unenforceable or held to be unenforceable, then the parties agree that all other
provisions of this Agreement have force and effect and shall not be affected
thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess
of $200,000, the Contractor shall give priority consideration in filling vacancies in
positions funded by the Contract to qualified recipients of aid under Welfare and
Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION
REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small
business participation, then Contractor must within 60 days of receiving
final payment under this Contract (or within such other time period as may
be specified elsewhere in this Contract) report to the awarding department
the actual percentage of small business participation that was achieved.
(Govt. Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled
veteran business enterprise (DVBE) participation, then Contractor must
within 60 days of receiving final payment under this Contract (or within
such other time period as may be specified elsewhere in this Contract)
certify in a report to the awarding department: (1) the total amount the
prime Contractor received under the Contract; (2) the name and address of
the DVBE(s) that participated in the performance of the Contract; (3) the
amount each DVBE received from the prime Contractor; (4) that all
payments under the Contract have been made to the DVBE; and (5) the
actual percentage of DVBE participation that was achieved. A person or
entity that knowingly provides false information shall be subject to a civil
penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code §
14841.)
20.LOSS LEADER: If this contract involves the furnishing of equipment, materials, or
supplies then the following statement is incorporated: It is unlawful for any person
engaged in business within this state to sell or use any article or product as a “loss
leader” as defined in Section 17030 of the Business and Professions Code. (PCC
10344(e).)
Contractor Certification Clauses
CCC 04/2017
CERTIFICATION
I, the official named below, CERTIFY UNDER PENAL TY OF PERJURY that I am
duly authorized to legally bind the prospective Contractor to the clause(s) listed
below. This certification is made under the laws of the State of California .
Contractor/Bidder Firm Name (Printed)
County of Fresno
ATTEST :
Federal ID Number
-
Steve Brandau , Chairman of the Board of Supervisors of the County of Fresno
Date Executed
CONTRACTOR CERTIFICATION CLAUSES
Executed in the County of
Fresno
1. STATEMENT OF COMPLIANCE: Contractor has , unless exempted , complied with the
nondiscrimination program requirements . (Gov. Code §12990 (a-f) and CCR , Title 2 ,
Section 11102) (Not applicable to public entities .)
2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the
requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free
workplace by taking the following actions :
a. Publish a statement notifying employees that unlawful manufacture , distribution,
dispensation, possession or use of a controlled substance is prohibited and specifying
actions to be taken against employees for violations.
b . Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace ;
3) any available counseling, rehabilitation and employee assistance programs; and ,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will :
1) receive a copy of the company's drug-free workplace policy statement ; and ,
2) agree to abide by the terms of the company's statement as a condition of employment
on the Agreement.
Failure to comply with these requirements may result in suspension of payments under
the Agreement or termination of the Agreement or both and Contractor may be ineligible
for award of any future State agreements if the department determines that any of the
following has occurred: the Contractor has made false certification, or violated the
certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et
seq.)
3.NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that
no more than one (1) final unappealable finding of contempt of court by a Federal court
has been issued against Contractor within the immediately preceding two-year period
because of Contractor's failure to comply with an order of a Federal court, which orders
Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract
Code §10296) (Not applicable to public entities.)
4.CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO
REQUIREMENT: Contractor hereby certifies that Contractor will comply with the
requirements of Section 6072 of the Business and Professions Code, effective January 1,
2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of
pro bono legal services during each year of the contract equal to the lessor of 30
multiplied by the number of full time attorneys in the firm’s offices in the State, with the
number of hours prorated on an actual day basis for any contract period of less than a full
year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for
legal services, and may be taken into account when determining the award of future
contracts with the State for legal services.
5.EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an
expatriate corporation or subsidiary of an expatriate corporation within the meaning of
Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the
State of California.
6.SWEATFREE CODE OF CONDUCT:
a.All Contractors contracting for the procurement or laundering of apparel, garments or
corresponding accessories, or the procurement of equipment, materials, or supplies,
other than procurement related to a public works contract, declare under penalty of
perjury that no apparel, garments or corresponding accessories, equipment, materials, or
supplies furnished to the state pursuant to the contract have been laundered or produced
in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under
penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor,
or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under
penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor.
The contractor further declares under penalty of perjury that they adhere to the Sweatfree
Code of Conduct as set forth on the California Department of Industrial Relations website
located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the
contractor’s records, documents, agents or employees, or premises if reasonably
required by authorized officials of the contracting agency, the Department of Industrial
Relations, or the Department of Justice to determine the contractor’s compliance with the
requirements under paragraph (a).
7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies that
Contractor is in compliance with Public Contract Code section 10295.3.
8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that
Contractor is in compliance with Public Contract Code section 10295.35.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions
regarding current or former state employees. If Contractor has any questions on the
status of any person rendering services or involved with the Agreement, the awarding
agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from
which the officer or employee receives compensation or has a financial interest and
which is sponsored or funded by any state agency, unless the employment, activity or
enterprise is required as a condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent
contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state
officer or employee may enter into a contract in which he or she engaged in any of the
negotiations, transactions, planning, arrangements or any part of the decision-making
process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former
state officer or employee may enter into a contract with any state agency if he or she was
employed by that state agency in a policy-making position in the same general subject
area as the proposed contract within the 12-month period prior to his or her leaving state
service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall
render this Agreement void. (Pub. Contract Code §10420)
Members of boards and commissions are exempt from this section if they do not receive
payment other than payment of each meeting of the board or commission, payment for
preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the
provisions which require every employer to be insured against liability for Worker's
Compensation or to undertake self-insurance in accordance with the provisions, and
Contractor affirms to comply with such provisions before commencing the performance of
the work of this Agreement. (Labor Code Section 3700)
3.AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies
with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on
the basis of disability, as well as all applicable regulations and guidelines issued pursuant
to the ADA. (42 U.S.C. 12101 et seq.)
4.CONTRACTOR NAME CHANGE: An amendment is required to change the
Contractor's name as listed on this Agreement. Upon receipt of legal documentation of
the name change the State will process the amendment. Payment of invoices presented
with a new name cannot be paid prior to approval of said amendment.
5.CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting
agencies will be verifying that the contractor is currently qualified to do business in
California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any
transaction for the purpose of financial or pecuniary gain or profit. Although there are
some statutory exceptions to taxation, rarely will a corporate contractor performing within
the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must
be in good standing in order to be qualified to do business in California. Agencies will
determine whether a corporation is in good standing by calling the Office of the Secretary
of State.
6.RESOLUTION: A county, city, district, or other local public body must provide the State
with a copy of a resolution, order, motion, or ordinance of the local governing body which
by law has authority to enter into an agreement, authorizing execution of the agreement.
7.AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall
not be: (1) in violation of any order or resolution not subject to review promulgated by the
State Air Resources Board or an air pollution control district; (2) subject to cease and
desist order not subject to review issued pursuant to Section 13301 of the Water Code for
violation of waste discharge requirements or discharge prohibitions; or (3) finally
determined to be in violation of provisions of federal law relating to air or water pollution.
8.PAYEE DATA RECORD FORM STD. 204: This form must be completed by all
contractors that are not another state agency or other governmental entity.
County of Fresno, acting as the Central California EMS Agency
Agreement Number: C21-006
Page 1 of 4
EXHIBIT D
Special Terms and Conditions
1. Settlement of Disputes
A. Any dispute arising under this Agreement that is not disposed of by Agreement shall be
decided by the EMSA Contract Officer, who may consider any written or verbal evidence
submitted by the Contractor. The decision of the Contract Officer, issued in writing, shall
be EMSA’ final decision on the dispute.
B. Neither the pendency of a dispute nor its consideration by the Contract Officer will
excuse the Contractor from full and timely performance in accordance with the terms of
the Agreement.
2. Termination
A. If, after award and execution of the Agreement, the Contractor’s performance is
unsatisfactory, the Agreement may be terminated for default. Additionally, the Contractor
may be liable to EMSA for damages including the difference between the Contractor’s
original bid price and the actual cost of performing the work by another Contractor.
Default is defined as the Contractor failing to perform services required by the
Agreement in a satisfactory manner.
B. EMSA reserves the right to terminate this Agreement for any or no cause upon 30 days
written notice to the Contractor or immediately in the event of default or material breach
by the Contractor.
C. The State may terminate this Agreement immediately for good cause. The term "good
cause” may be defined as "impossibility of performance” or “frustration of purpose,” but
does not include material breach, default, or termination without cause. In this instance,
the Agreement termination shall be effective as of the date indicated on the State’s
notification to the Contractor.
D. In the event that the total Agreement amount is expended prior to the expiration date,
EMSA may, at its discretion, terminate this Agreement with thirty (30) days’ notice to
Contractor.
3. Subcontractors
The Contractor shall perform the work contemplated with resources available within its own
organization and no portion of the work shall be subcontracted.
4. Retention of Records/Audits
A. For the purpose of determining compliance with Government Code Section 8546.7, the
Contractor and Subcontractors shall maintain all books, documents, papers, accounting
records, and other evidence pertaining to the performance of the Agreement, including but
not limited to, the costs of administering the Agreement. All parties shall make such
materials available at their respective offices at all reasonable times during the Agreement
period and for three years from the date of final payment under the Agreement. The State,
the State Auditor, or any duly authorized representative of the Federal government having
jurisdiction under Federal laws or regulations (including the basis of Federal funding in
whole or in part) shall have access to any books, records, and documents of the Contractor
that are pertinent to the Agreement for audits, examinations, excerpts, and transactions,
and copies thereof shall be furnished if requested.
B. Any subcontract entered into as a result of this Agreement shall contain all the provisions of
this clause.
County of Fresno, acting as the Central California EMS Agency
Agreement Number: C21-006
Page 2 of 4
EXHIBIT D
Special Terms and Conditions
5.Assumption of Risk and Indemnifications Regarding Exposure to Environmental
Health Hazards
In addition to and not a limitation of the Contractor’s indemnification obligations contained
elsewhere in this Agreement, the Contractor hereby assumes all risks of the consequences
of exposure of Contractor’s employees, agents, Subcontractors, Subcontractors’
employees, and any other person, firm, or corporation furnishing or supplying work
services, materials, or supplies in connection with the performance of this Agreement, to
any and all environmental health hazards, local and otherwise, in connection with the
performance of this Agreement. Such hazards include, but are not limited to, bodily injury
and/or death resulting in whole or in part from exposure to infectious agents and/or
pathogens of any type, kind, or origin. Contractor also agrees to take all appropriate safety
precautions to prevent any such exposure to Contractor’s employees, agents,
Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation
furnishing or supplying work services, materials, or supplies in connection with the
performance of this Agreement. Contractor also agrees to indemnify and hold harmless
EMSA, the State of California, and each and all of their officers, agents, and employees,
from any and all claims and/or losses accruing or resulting from such exposure. Except as
provided by law, Contractor also agrees that the provisions of this paragraph shall apply
regardless of the existence or degree of negligence or fault on the part of EMSA, the State
of California, and/or any of their officers, agents and/or employees.
6.Mandatory Organic Waste Recycling
It is understood and agreed that pursuant to Public Resources Code 42649.8 et. seq., if
Contractor generates four (4) cubic yards or more of organic waste or commercial solid
waste per week, the Contractor shall arrange for organic waste or commercial waste
recycling services that separate/source organic waste for organic waste recycling.
Contractor shall provide proof of compliance, i.e. organic waste recycling services or
commercial waste recycling services that separate/source organic waste recycling, upon
request from the EMSA Contract Manager
7.Force Majeure
Except for defaults of Subcontractors, neither party shall be responsible for delays or
failures in performance resulting from acts beyond the control of the offending party. Such
acts shall include but shall not be limited to acts of God, fire, flood, earthquake, other natural
disaster, nuclear accident, strike, lockout, riot, freight embargo, public regulated utility, or
governmental statutes or regulations superimposed after the fact. If a delay or failure in
performance by the Contractor arises out of a default of its Subcontractor, and if such
default of its Subcontractor, arises out of causes beyond the control of both the Contractor
and Subcontractor, and without the fault or negligence of either of them, the Contractor shall
not be liable for damages of such delay or failure, unless the supplies or services to be
furnished by the Subcontractor were obtainable from other sources in sufficient time to
permit the Contractor to meet the required performance schedule.
County of Fresno, acting as the Central California EMS Agency
Agreement Number: C21-006
Page 3 of 4
EXHIBIT D
Special Terms and Conditions
8.Employment of Undocumented Workers
By signing this contract, the Contractor swears or affirms that it has not, in the preceding five
years, been convicted of violating a State or Federal law relative to the employment of
undocumented workers
9.General Provisions Required in all Insurance Polices
A.Deductible: Contractor is responsible for any deductible or self-insured retention
contained within the insurance program.
B.Coverage Term: Coverage must be in force for the complete term of this Agreement. If
insurance expires during the term of this Agreement, a new certificate must be received
by the EMSA Contract Manager at least ten (10) days prior to the expiration of the
insurance. Any new insurance must continue to comply with the original terms of this
Agreement.
C.Policy Cancellation or Termination and Notice of Non-Renewal: Contractor shall provide,
to the EMSA Contract Manager within five (5) business days, following receipt by
Contactor, a copy of any cancellation or non-renewal of insurance required by this
Agreement. In the event Contractor fails to keep, in effect at all times, the specified
insurance coverage, the State may, in addition to any other remedies it may have,
terminate this Agreement upon the occurrence of such event, subject to the provisions of
this Agreement.
D.Primary Clause: Any required insurance contained in this Agreement shall be primary,
and not excess or contributory, to any other insurance carried by the State.
E.Inadequate Insurance: Inadequate or lack of insurance does not negate the Contractor's
obligations under this Agreement.
F.Endorsements: Any required endorsements requested by the State must be physically
attached to all requested certificates of insurance and not substituted by referring to
such coverage on the certificate of insurance.
G.Insurance Carrier Required Rating: All insurance companies must carry a rating
acceptable to the DGS, Office of Risk and Insurance Management (ORIM). If the
Contractor is self-insured for a portion or all of its insurance, review of financial
information including a letter of credit may be required. DGS, ORIM Website:
https://www.dgs.ca.gov/ORIM.
H.Contractor shall include all of its subcontractors as insureds under Contractor's
insurance or supply evidence of insurance to the State equal to the policies, coverages
and limits required of Contractor.
I.The State will not be responsible for any premiums or assessments on the policy.
10.Insurance Requirements
A.Commercial General Liability
1)Contractor shall maintain general liability on an occurrence form with limits not less
than $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury and
property damage liability. The policy shall include coverage for liabilities arising out of
premises, operations, independent contractors, products, completed operations,
personal and advertising injury, and liability assumed under an insured Agreement.
County of Fresno, acting as the Central California EMS Agency
Agreement Number: C21-006
Page 4 of 4
EXHIBIT D
Special Terms and Conditions
This insurance shall apply separately to each insured against whom claim is made or
suit is brought subject to the Contractor's limit of liability. The policy must include:
EMSA, State of California, its officers, agents, employees and servants are
included as additional insured but only with respect to work performed under this
Agreement.
2)This endorsement must be supplied under form acceptable to DGS, ORIM.
11.Licenses and Permits
A.The Contractor shall be an individual or firm qualified to do business in California and
shall obtain at its expense all license(s) and permit(s) required by law for any work under
this Agreement.
B.If Contractor is a California or foreign corporation, Contractor must be registered and
active/in good standing with the California Secretary of State.
C.If the Contractor is any other business entity, Contractor must be registered and active/in
good standing with the California Secretary of State, to the extent applicable.
D.In the event any license(s) and/or permit(s) expire at any time during the term of this
Agreement, Contractor agrees to provide EMSA Contract Manager a copy of the
renewed license(s) and/or permit(s) within thirty (30) days following the expiration date.
In the event the Contractor fails to keep in effect at all times all required license(s) and
permit(s), the State may, in addition to any other remedies it may have, terminate this
Agreement upon occurrence of such event.
12.Prohibition of Delinquent Taxpayers
Public Contract Code Section 10295.4 prohibits the State from entering into an Agreement
for goods or services with any taxpayer, whose name appears on either list maintained by
the State Board of Equalization or the Franchise Tax Board pursuant to Revenue and
Taxation Code sections 7063 and 19195, respectively, of the 500 largest tax delinquencies.
Public Contract Code Section 10295.4 provides no exceptions to these prohibitions.
County of Fresno, acting as the Central California EMS Agency
Agreement Number: C21-006
Page 1 of 1
EXHIBIT E
Sample Invoice
Agreement between the County of Fresno, Acting as the Central
California Agency, and the California Emergency Medical Services
Authority
Name/No.: Central California EMS Agency Grant (State Agreement No. C21-006)
Fund/Subclass: 0001/10000
Organization #: 56201692
Revenue Account #: 3503