HomeMy WebLinkAboutAgreement A-19-470 with the City of Kingsburg.pdf Agreement No. 19-470
1 EMERGENCY MEDICAL SERVICES AGREEMENT
2 THIS AGREEMENT is made and entered into this 2 4th day of September 52019,
3 by and between the COUNTY OF FRESNO, a Political Subdivision of the State of California,
4 hereinafter referred to as"COUNTY," and the CITY OF KINGSBURG, a Municipal Corporation,
5 whose address is 1401 Draper Street, Kingsburg, California, 93631, hereinafter referred to as
6 "CONTRACTOR."
7 WITNESSETH:
8 WHEREAS, COUNTY, through its Department of Public Health, has been designated as the
9 Local EMS Agency of the County of Fresno pursuant to California Health and Safety Code Section
10 1797.200; and
11 WHEREAS,CONTRACTOR has heretofore provided emergency ambulance services to
12 persons needing such services within the boundaries of Fresno County Ambulance Zone K; and
13 WHEREAS, CONTRACTOR desires to provide prehospital emergency medical services as
14 authorized by law within said Zone K.
15 NOW,THEREFORE,the parties hereto agree as follows:
16 1. The parties acknowledge that the COUNTY's Department of Public Health has been
17 designated as the Local EMS Agency of the COUNTY with authority to plan, implement and evaluate
18 an emergency medical services system in Fresno County pursuant to California Health and Safety
19 Code Sections 1797.200 and 1797.204. The parties also acknowledge that the Local EMS Agency has
20 implemented COUNTY EMS Policy #200 (Authorization of Ambulance Provider Agencies in Fresno
21 County). The parties further acknowledge that the EMS Medical Director of the COUNTY's
22 Department of Public Health has the authority set forth in Health and Safety Code Section 1798.
23 CONTRACTOR shall operate its prehospital emergency medical care services program in conformity
24 with the medical policies,procedures and standards issued, and amended,by the Local EMS Agency
25 (hereinafter collectively referred to as the "COUNTY EMS Policies and Procedures,"and individually
26 referred to as "COUNTY EMS Policy#").
27 Neither the fact that this Agreement is entered into nor anything contained in this
28 Agreement shall be construed as an admission by either party hereto regarding CONTRACTOR's
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I legal authority, if any,to plan,implement,and operate within or without its corporate boundaries a
i 2 system of prehospital emergency medical services(including,but not limited to, ambulance services)
3 independent of COUNTY's authorization or approval.
4 2. DUTIES OF CONTRACTOR
5 A. CONTRACTOR shall be responsible for furnishing equipment and materials,as
6 hereinafter set forth,in order to provide prehospital emergency medical services to persons in need
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7 thereof within the incorporated boundaries of the City of Kingsburg and that certain portion of the
8 unincorporated area of Fresno County,all known as Fresno County Ambulance Service Zone K, as
9 shown in Exhibit"A,"attached hereto and incorporated herein by reference.
10 B. CONTRACTOR shall maintain automatic vehicle locators in each authorized
11 emergency ambulance unit and authorized disaster response unit.
12 C. CONTRACTOR shall assure that all calls received by the City of Kingsburg
13 PSAP(Public Safety Answering Point)for medical assistance are transferred directly to the
14 COUNTY's centralized ambulance dispatch facility.
15 D. CONTRACTOR agrees to meet performance standards and requirements as
16 further discussed in Section 6 of this Agreement.
17 3. DUTIES OF COUNTY
18 A. COUNTY shall operate a central dispatching facility and shall provide the
19 primary dispatch of all calls for prehospital emergency medical care and ambulance services within
20 the area set forth in Exhibit"A"to CONTRACTOR in accordance with COUNTY EMS Policies and
21 Procedures.
22 1) COUNTY will assist CONTRACTOR in developing, implementing,and
23 maintaining an internal field supervision system to provide evaluation of personnel providing service
24 under this Agreement according to the standards established by the COUNTY EMS Policies and
25 Procedures.
26 2) COUNTY will do periodic and annual inspections of CONTRACTOR's
27 emergency ambulance service personnel certifications,records,vehicles,equipment,and facilities
28 required by law and this Agreement.
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1 B. Notwithstanding the foregoing provisions of Subsection 3.A. of this Agreement,
2 COUNTY is not restricted by reason of this Agreement from entering into an agreement for services
3 that are the same as or similar to these provided by CONTRACTOR pursuant to this Agreement with
i 4 an entity other than CONTRACTOR for the provision of prehospital emergency medical services
5 within the same geographic area as described in Exhibit"A". COUNTY shall notify CONTRACTOR
6 of any proposal to enter into such an agreement with any other entity prior to award of such
7 agreement.
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8 C. The COUNTY shall provide the following for CONTRACTOR'S use during the
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9 term of this Agreement:
10 1) The use of COUNTY communications infrastructure for EMS Med
11 Channels, as provided herein.
12 2) Communications Equipment: COUNTY shall allow for continued use of
13 previously provided Portable(Handheld)Radios,Pagers, and In-Vehicle Radios. Maintenance and
14 replacement of Portable(Handheld)Radios,Pagers, and In-Vehicle Radios previously provided by
15 COUNTY shall be the responsibility of CONTRACTOR. Such communications equipment shall be
16 returned to COUNTY by CONTRACTOR at the time of replacement.
17 4. QUALIFICATION OF CONTRACTOR
18 CONTRACTOR shall at all times meet the requirements set forth by the California
19 Highway Patrol,the California Health and Safety Code,the California Vehicle Code,the State
20 Department of Health,the California Code of Regulations,the COUNTY's Department of Public
21 Health with respect to medical standards,and any other applicable statute or regulation with respect to
22 the services,equipment,and materials which are the subject matter of this Agreement. In the event of
23 conflicting statutes or regulations,the statute or regulation setting forth the most stringent
24 requirements shall be adhered to by CONTRACTOR.
25 5. AREA SERVED
26 CONTRACTOR shall provide prehospital emergency medical services,on a non-
2 7 exclusive basis,upon dispatch by COUNTY and upon direct call to Kingsburg's Police Department to
28 any location or incident within the territory of Fresno County Ambulance Service Zone Area K as
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I shown in Exhibit"A." In addition,upon request of the COUNTY EMS Communications Center,
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� 2 CONTRACTOR shall,to the extent consistent with its primary responsibility to provide prehospital
3 emergency medical services in the area of Exhibit"A,"render all reasonable"mutual aid"to those
j4 providers of emergency medical services operating within the adjacent Service Zone Areas in order to
I5 ensure that timely emergency medical services are rendered to persons in need of such services within
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6 those areas.
7 6. SERVICES TO BE PROVIDED AND PERFORMANCE STANDARDS
8 A. CONTRACTOR shall provide appropriate ambulance,paramedic, and medical
9 equipment and personnel,except as set forth in this Agreement,in order to furnish"Advanced Life
10 Support"(ALS)and"Basic Life Support"(BLS)services to persons within the area defined in Exhibit
11 "A"on a non-exclusive,on-call basis,twenty-four(24)hours per day, seven(7)days per week.
12 "Advanced Life Support"services shall mean special services designed to
13 provide definitive prehospital emergency medical care, including,but not limited to,cardiopulmonary
14 resuscitation,cardiac monitoring,cardiac defibrillation,advanced airway management, intravenous
15 therapy, administration of specified drugs and other medical preparations,and other specified
16 techniques and procedures administered by authorized personnel under direct supervision of a base
17 station hospital or according to approved written protocols.
18 "Basic Life Support"services shall mean emergency first aid and
19 cardiopulmonary resuscitation procedures which,as a minimum,includes recognizing respiratory and
20 cardiac arrest and starting the proper application of cardiopulmonary resuscitation to maintain life
21 without invasive techniques until the patient may be transported or until advanced life support is
22 available.
23 B. Response Areas and Performance Standards
24 1) Metropolitan Response Area
25 The Metropolitan Response Area is defined as that area within the
26 corporate limits of the City of Kingsburg plus an area within one(1) statutory mile of said corporate
27 limits,which is described in Exhibit`B",attached hereto and incorporated herein by this reference.
28 2) Rural Response Area
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I The Rural Response Area is defined as that area beyond the Metropolitan
2 Response Area limits,which is described in Exhibit"C",attached hereto and incorporated herein by
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3 this reference.
4 3) Response Time Performance Standards
5 Response time standards for the abovementioned areas are defined in Exhibit"D",attached
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6 hereto and by this reference incorporated herein.
7 4) The required response times under this Agreement are measured from the
8 time CONTRACTOR is alerted for a response to the time that CONTRACTOR arrives at scene of the
9 incident with a fully staffed and equipped emergency ambulance unit. COUNTY provides
10 CONTRACTOR with significant flexibility in CONTRACTOR's methods of providing said services
11 in order to achieve minimum results required under this Agreement. This is based upon
12 CONTRACTOR's commitment to perform to the response time standards required under this
13 Agreement. Therefore,a deficiency or an error by CONTRACTOR in one or more phases of its
14 operations (e.g., vehicle deployment plan and basing model, and vehicle maintenance)shall not be the
15 basis for the EMS Agency granting an exception to CONTRACTOR for its performance in another
16 phase of its operation(e.g., response time performance). Required response times shall be measured
17 in minutes and seconds,and shall be time stamped by the EMS Agency's computer aided dispatch
18 (CAD) system consistent with the requirements herein.
19 COUNTY and the EMS Agency recognizes that dispatch operations are not a
20 responsibility or under the control of CONTRACTOR. COUNTY and the EMS Agency acknowledge
21 that CONTRACTOR is not to be held responsible for delays that may occur due to dispatching,and
22 the CONTRACTOR acknowledges that the COUNTY EMS Communications Center requires
23 adequate time to process each request(e.g., time from request received to the time of unit alert).
24 COUNTY agrees to monitor the COUNTY EMS Communications Center to ensure that its dispatch
25 performance remains within the standards developed by COUNTY and the local EMS Agency.
26 The EMS Agency may grant exemptions from response time performance
27 requirements stated herein, on case-by-case basis, for calls where weather conditions, multi-casualty
28 incidents,or other situations beyond the Contractor's control cause unavoidable delay.All such calls shall
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1 be individually examined by the EMS Agency as to system status plan and staffing levels, dispatch and
2 in-service times, and other influencing factors (e.g., weather conditions), and if the circumstances
3 warrant, the EMS Agency may authorize the exclusion of such calls when measuring performance
j 4 requirements. Exclusion of a call under this paragraph means that a late call which has received approval
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5 for an appeal will not count as an on-time response. Therefore, it is excluded from the database for the
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6 purpose of fractile performance calculation(i.e.,performance measured by fractions of a minute or hour).
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7 In order to be eligible for such exemption, the Contractor shall notify the EMS
8 Agency within a reasonable amount of time of the occurrence.Equipment failure,personnel error,or lack
9 of a nearby ambulance does not constitute grounds for exemption from response time performance
10 requirements.
11 a) "At Scene"
12 Shall be defined as the moment when the assigned
13 emergency ambulance unit is physically at or within one hundred(100)feet of the scene. In instances
14 where the emergency ambulance unit responds to a location other than the scene(e.g., staging area),
15 arrival"at scene"shall be the time such unit arrives at,or is within one hundred(100)feet of,the
16 designated staging location.
17 b) Failure to RgWrt"At Scene"
18 In instances when emergency ambulance units fail to
19 report"at scene,"the time of the next communications by those units with the COUNTY EMS
20 Communications Center shall be used as the"at scene"time. However,CONTRACTOR may appeal
21 such instances when it can document the actual arrival time through another means(e.g., non-
2 2 CONTRACTOR first responder communication recording and automatic vehicle locator).
23 c) Unit Cancelled Prior to Arrival"At Scene"
24 Required response time standards do not apply to instances where
25 CONTRACTOR is cancelled prior to arrival"at scene".
26 5) Performance Indicators for Alerting and Initiating Response
27 The following performance indicators shall be used to evaluate the
28 timeliness of CONTRACTOR's field operations(from time of unit alert to time"at scene")in
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1 response to requests that require an immediate dispatch(Priorities 1 and 2)or an urgent dispatch
2 (Priorities 3 and 4). Such performance indicators are not used as standards for enforcing
3 CONTRACTOR's compliance with required response time standards under this Agreement. Rather,
4 they are utilized as a means of determining whether CONTRACTOR meets the criteria for an
5 exception to response time standards and for evaluating the need for more in-depth Quality
6 Improvement review by the EMS Agency and/or CONTRACTOR of CONTRACTOR's services.
7 a) Crew Response Phase(Priorities 1, 2, 3 and 4)
8 For requests for immediate responses(Priorities 1 and 2) and
9 urgent responses(Priorities 3 and 4),the"Chute Time"is the measurement of elapsed time from"unit
10 alert"to the time that all crewmembers are in the ambulance unit,begin response, and report on radio
11 to the COUNTY EMS Communications Center of"unit enroute." For CONTRACTOR's primary
12 ambulance units,the maximum permissible Chute Time shall be one hundred twenty(120)seconds or
13 less. This performance indicator is a performance measurement of CONTRACTOR's performance
14 separate from any other performance standard in this Agreement."Unit Alert"shall be defined as the
15 moment the COUNTY EMS Communications Center alerts CONTRACTOR's emergency ambulance
16 unit for a response.
17 6) CONTRACTOR shall at all times maintain as a minimum,one(1)person
18 who is certified and licensed as an Emergency Medical Technician Paramedic("Paramedic")and one
19 (1)person who is certified and licensed as an Emergency Medical Technician("EMT'),as those terms
20 are defined in the California Health and Safety Code and the California Code of Regulations,on the
21 primary ambulance unit responding to emergency medical services calls. CONTRACTOR shall also
22 provide one(1)back-up emergency ambulance,when available,staffed by a minimum of two(2)
23 persons who are certified and licensed as EMTs,or persons who are certified and licensed at a higher
24 level.
25 Should CONTRACTOR be unable to provide Paramedic staff due
26 to illness or injury,CONTRACTOR shall immediately notify the COUNTY's Department of Public
27 Health and provide it with a proposed staffing schedule for maximizing Paramedic staff coverage.
28 Subject to COUNTY's Department of Public Health approval,an EMT staffed unit shall be provided
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1 by CONTRACTOR during any gaps in Paramedic staffing due to illness or injury.
2 7) If CONTRACTOR develops and implements operational procedures for
3 receiving telephone requests for ambulance service through a dispatch center other than the COUNTY
4 EMS Communications Center,CONTRACTOR shall make(and shall maintain for 180 days)or shall
5 maintain an agreement with the dispatch center to make(and maintain for 180 days)a tape-recorded
6 copy of all requests for medical aid.
7 8) CONTRACTOR shall,consistent with COUNTY EMS Policies and
8 Procedures,develop, collect,maintain and transmit to COUNTY data regarding its delivery of services
9 hereunder.
10 9) CONTRACTOR shall notify the COUNTY EMS Communications
11 Center immediately upon receipt of calls for medical aid and/or transportation and attempt to forward
12 medical 911 calls to the COUNTY EMS Communications Center to allow for telephone medical pre-
13 arrival instructions.
14 10) CONTRACTOR shall make and maintain radio contact with the
15 COUNTY EMS Communications Center on the COUNTY EMS Med-Net System for the purpose of
16 tracking and data collection.
17 11) CONTRACTOR agrees to provide an internal quality improvement
18 program,which adheres to the COUNTY EMS System and is consistent with the minimum standards
19 of the COUNTY EMS Policies and Procedures.
20 7. EQUIPMENT AND PERSONNEL
21 CONTRACTOR shall furnish,operate,maintain and replace,as necessary,any and all
22 items of equipment,apparatus and supplies,whether real,personal,or otherwise, and qualified
23 personnel as may be necessary to fulfill its obligations under this Agreement. As between the
24 COUNTY and CONTRACTOR,title to all such equipment,apparatus and supplies furnished by
25 CONTRACTOR shall remain at all times in CONTRACTOR and personnel assigned to the
26 performance of this Agreement are and shall remain employees or volunteers or contractors of
27 CONTRACTOR.
28 8. INDEPENDENT CONTRACTOR
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1 In order to establish that COUNTY is not a co-employer of CONTRACTOR's officers,
2 agents or employees,the parties agree to the provisions of this Section 8.
3 In performance of the work,duties,and obligations assumed by CONTRACTOR under
4 this Agreement, it is mutually understood and agreed that CONTRACTOR,including any and all of
5 CONTRACTOR's officers,agents,and employees, will at all times be acting and performing as an
6 independent contractor, and shall act in an independent capacity and not as an officer,agent, servant,
7 employee,joint venturer,partner,or associate of the COUNTY. COUNTY shall retain the right to
8 administer this Agreement so as to verify that CONTRACTOR is performing its obligations in
9 accordance with the terms and conditions thereof. CONTRACTOR and COUNTY shall comply with
10 all applicable provisions of law and the rules and regulations, if any, of governmental authorities
11 having jurisdiction over matters the subject thereof.
12 Because of its status as an independent contractor,CONTRACTOR shall have
13 absolutely no right to employment rights and benefits available to COUNTY employees.
14 CONTRACTOR shall be solely liable and responsible for providing to,or on behalf of,its employees
15 all legally-required employee benefits. In addition,CONTRACTOR shall be solely responsible and
16 save COUNTY harmless from all matters relating to payment of CONTRACTOR's employees,
17 including compliance with Social Security, withholding,and all other regulations governing such
18 matters. It is acknowledged that during the term of this Agreement,CONTRACTOR may be providing
19 services to others unrelated to the COUNTY or to this Agreement
20 9. NON-DISCRIMINATION
21 During the performance of this Agreement,CONTRACTOR shall not unlawfully
22 discriminate against any employee or applicant for employment,or recipient of services,because of
23 race,religious creed,color,national origin,ancestry,physical disability,mental disability,medical
24 condition, genetic information, marital status,sex,gender, gender identity,gender expression, age, or
25 sexual orientation,pursuant to all applicable State of California and Federal statutes and regulations.
26 10. CONSIDERATION
27 A. COUNTY shall not be obligated to raise taxes,or to adopt or approve any tax
28 measures to provide funds, in order to compensate CONTRACTOR in connection with this
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1 Agreement. The only compensation payable by COUNTY to CONTRACTOR for CONTRACTOR's
2 satisfactory performance of its services under this Agreement is as follows:
3 B. COUNTY shall provide compensation to CONTRACTOR for the satisfactory
4 performance of its services as provided herein.
5 1) COUNTY shall pay to CONTRACTOR a monthly lump-payment
6 of Five Hundred and No/100 Dollars($500.00)for estimated dry runs and uncollectible charges.The
7 total maximum compensation payable under this agreement for each year shall not exceed Six
8 Thousand and No/100 Dollars($6,000.00).
9 2) The total maximum compensation payable under the Agreement,
10 for the period of July 1,2019 through June 30,2024,shall not exceed Thirty Thousand and No/100
11 Dollars ($30,000.00).
12 3) In consideration for such compensation,CONTRACTOR shall
13 completely,unconditionally and irrevocably assign all of its"uncollectible accounts"to COUNTY.
14 "Uncollectible accounts"shall be defined as those accounts receivable for authorized runs which
15 CONTRACTOR has been unable to collect payment upon after they become past due or delinquent in
16 accordance with CONTRACTOR's customary and usual practices as set forth in COUNTY EMS
17 Policy#205,and which accounts came into existence due to CONTRACTOR's performance of this
18 Agreement or as a result of CONTRACTOR's rendering of emergency ambulance service,or both.
19 COUNTY shall have the discretion to pursue any and all collection efforts for the compromise and
20 settlement of such accounts. COUNTY shall retain any and all revenues it receives on such accounts
21 and shall have no obligation to pay to CONTRACTOR any portion of such revenues collected.
22 The parties agree that CONTRACTOR will follow the billings,collections, and account
23 write-off practices and procedures outlined in COUNTY EMS Policy#205,for purposes of this
24 Subsection 10.B.,of this Agreement. COUNTY shall have the discretion to pursue any and all
25 collection efforts for the compromise and settlement of such accounts. COUNTY shall retain any and
26 all revenues it receives on such accounts and shall have no obligation to pay to CONTRACTOR any
27 portion of such revenues collected.
28 C. COUNTY shall have no obligation to compensate CONTRACTOR for services
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1 under this Agreement other than as stated above. The parties agree that the amounts stated above are
2 inclusive of and fulfill any obligation COUNTY may have, if any,presently or at any time during the
3 term of this Agreement,to compensate,reimburse,or otherwise pay CONTRACTOR for prehospital
4 emergency medical services provided to medically-indigent persons.
5 11. AUDITS AND INSPECTIONS
6 COUNTY shall have the right to review any and all books,accounts,financial and
7 accounting records,bills and the like of CONTRACTOR relating to services provided under this
8 Agreement. CONTRACTOR shall retain and make available for inspection by COUNTY from the
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9 date of termination of this Agreement for at least a three(3)year period all of the documents and
10 records described above.
11 If this Agreement exceeds Ten Thousand and No/100 Dollars($10,000.00),
12 CONTRACTOR shall be subject to the examination and audit of the State Auditor for a period of
13 three(3)years after final payment under contract(Government Code Section 8546.7).
14 12. INSURANCE
15 Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR
16 or any third parties,CONTRACTOR,at its sole expense, shall maintain in full force and effect the
17 following insurance policies or a program of self-insurance, including but not limited to,an insurance
18 pooling arrangement or Joint Powers Agreement(JPA)throughout the term of this Agreement:
19 A. Commercial General Liability
20 Commercial General Liability Insurance with limits of not less than Two Million
21 Dollars($2,000,000.00)per occurrence and an annual aggregate of Four Million Dollars
22 ($4,000,000.00). This policy shall be issued on a per occurrence basis. County may require specific
23 coverage including completed operations,product liability,contractual liability,Explosion-Collapse-
2 4 Underground(XCU),fire legal liability or any other liability insurance deemed necessary because of
25 the nature of the contract.
26 B. Automobile Liability
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1 Comprehensive Automobile Liability Insurance with a combined single limit of
2 not less One Million Dollars($1,000,000)per accident. Coverage should include owned and non-
3 owned vehicles used in connection with this Agreement.
4 C. Professional Liability
5 Professional Liability Insurance(Errors and Omissions)with limits of not less
6 than One Million Dollars($1,000,000.00)per occurrence,Three Million Dollars($3,000,000.00)
7 annual aggregate.
8 D. Worker's Compensation
9 A policy of Worker's Compensation insurance as may be required by the
10 California Labor Code.
11 E. Sexual abuse/molestation liability insurance with limits of not less than One
12 Million Dollars($1,000,000.00)per occurrence,Two Million Dollars($2,000,000.00)annual
13 aggregate.This policy shall be issued on a per occurrence basis.
14 Additional Requirements Relating�to Insurance
15 CONTRACTOR shall obtain endorsements to the Commercial General Liability
16 insurance naming the County of Fresno,its officers,agents, and employees, individually and
17 collectively, as additional insured,but only insofar as the operations under this Agreement are
18 concerned. Such coverage for additional insured shall apply as primary insurance and any other
19 insurance,or self-insurance,maintained by COUNTY, its officers, agents and employees shall be
20 excess only and not contributing with insurance provided under CONTRACTOR's policies herein.
21 This insurance shall not be cancelled or changed without a minimum of thirty(30)days advance
22 written notice given to COUNTY.
23 CONTRACTOR hereby waives its right to recover from COUNTY,its officers,agents,
24 and employees any amounts paid by the policy of worker's compensation insurance required by this
25 Agreement. CONTRACTOR is solely responsible to obtain any endorsement to such policy that may
26 be necessary to accomplish such waiver of subrogation,but CONTRACTOR's waiver of subrogation
27 under this paragraph is effective whether or not CONTRACTOR obtains such an endorsement.
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1 Within thirty(30)days from the date CONTRACTOR signs this Agreement,
2 CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the
3 foregoing policies, as required herein,to the County of Fresno, Department of Public Health,P.O.Box
4 11867,Fresno,CA 93775,Attn: Contracts Section—6`h Floor,stating that such insurance coverage
5 have been obtained and are in full force;that the County of Fresno, its officers,agents and employees
6 will not be responsible for any premiums on the policies;that for such worker's compensation
7 insurance the CONTRACTOR has waived its right to recover from the COUNTY,its officers,agents,
8 and employees any amounts paid under the insurance policy and that waiver does not invalidate the
9 insurance policy;that such Commercial General Liability insurance names the County of Fresno, its
10 officers, agents and employees, individually and collectively,as additional insured,but only insofar as
11 the operations under this Agreement are concerned;that such coverage for additional insured shall
12 apply as primary insurance and any other insurance,or self-insurance,maintained by COUNTY, its
13 officers, agents and employees,shall be excess only and not contributing with insurance provided
14 under CONTRACTOR's policies herein;and that this insurance shall not be cancelled or changed
15 without a minimum of thirty(30)days advance, written notice given to COUNTY.
16 In the event CONTRACTOR fails to keep in effect at all times insurance coverage as
17 herein provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate
18 this Agreement upon the occurrence of such event.
19 All policies shall be with admitted insurers licensed to do business in the State of
20 California. Insurance purchased shall be purchased from companies possessing a current A.M.Best,
21 Inc.rating of A FSC VII or better.
22 The insurance requirements of this Section 11 shall apply to CONTRACTOR's
23 personnel during their performance of any activity which is the subject of this Agreement,or any
24 amendment hereto, including,but not limited to,their participation in clinical education programs and
25 prehospital experience while assigned to a separate paramedic ground ambulance provider.
26 13. MUTUAL INDEMNIFICATION
27 A. CONTRACTOR agrees to protect,defend,indemnify and hold harmless
28 COUNTY,its elective and appointive boards,officers, agents,employees,local EMS Agency,and
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1 EMS Medical Director(s),from any and all claims,suits,liabilities,expenses,costs,damages,and
2 judgments of any nature, including attorney fees and court costs,for injury to,and death of,any
3 person,and for injury to any property, including consequential damages of any nature resulting
4 therefrom,arising out of,or in any way connected with any acts or omissions by,or on behalf of
5 CONTRACTOR,its officers,employees,agents or contractors in performing or failing to perform any
6 services or functions provided for or referred to or in any way connected with any work,services,or
7 functions to be performed by CONTRACTOR,its officers,employees, agents,or contractors under
8 this Agreement. The foregoing clause shall in no way obligate the CONTRACTOR to provide such
9 protection, indemnification,or defense to the extent of acts or omissions by the COUNTY,its officers,
10 employees,agents,or contractors.
11 B. COUNTY agrees to protect,defend,indemnify and hold harmless
12 CONTRACTOR, its elective and appointive boards,officers,agents and employees from any and all
13 claims, suits, liabilities,expenses,costs,damages,and judgments of any nature,including attorney's
14 fees and court costs,for injury to,and death of,any persons,and for injury to any property,including
15 consequential damages of any nature resulting therefrom,arising out of,or in any way connected with
16 the acts or omissions by, or on behalf of COUNTY,its officers,employees,agents or contractors in
17 performing or failing to perform any services or functions provided for or referred to or in any way
18 connected with any work, services,or functions to be performed by COUNTY,its officers,employees,
19 agents or contractors under this Agreement. The foregoing clause shall in no way obligate the
20 COUNTY to provide such protection,indemnification,or defense to the extent of acts or omissions by
21 the CONTRACTOR, its officers ,employees,agents,or contractors.
22 C. COUNTY agrees to protect,defend,indemnify and hold harmless the
23 CONTRACTOR,its officers,agents and employees,from claims brought by persons CONTRACTOR
24 transports at the request of a peace officer or individual authorized by Welfare and Institutions Code
25 Section 5150 to cause a person to be taken into custody,but only insofar as those claims are based on
26 acts inherent in carrying out the detention of the person as requested by the peace officer or authorized
27 individual.This indemnity shall not extend to claims for negligence in the provision of transportation or
28 to any medical care provided during transport.This section shall in no way obligate the COUNTY to
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1 provide such protection,indemnification,or defense to the extent of negligent or wrongful acts or
2 omissions by the CONTRACTOR,its officers,employees,agents,or contractors except as explicitly
3 stated above.
4 D. The aforesaid indemnity and hold harmless clauses by CONTRACTOR and
i 5 COUNTY shall apply to all damages and claims for damages of every kind suffered,or alleged to
6 have been suffered by the party to be indemnified, including but not limited to attorney fees and court
! 7 costs,by reason of the aforesaid operations of the indemnifying party,regardless of whether or not the
8 insurance policies or Risk Management Authority Program or self-insurance of the indemnifying party
9 shall have been determined to be applicable to any such damages or claims for damages.
10 14. TERM OF AGREEMENT
11 The term of this Agreement shall be for a period of three(3)years,commencing on July 1,2019 through
12 and including June 30,2022. This Agreement may be extended for two(2)additional consecutive twelve(12)
13 month periods upon written approval of both parties no later than thirty(30)days prior to the first day of the next
14 twelve(12)month extension period. The Director of the Department of Public Health or his or her designee is
15 authorized to execute such written approval on behalf of COUNTY based on CONTRACTOR'S satisfactory
16 performance.
17 15. TERMINATION OF AGREEMENT.
18 Either party hereto may terminate this Agreement at any time without cause upon ninety
19 (90)days written notice to the other party. Prior to giving such notice,the terminating party shall
20 notify the other party of its intention to terminate.Either party hereto may terminate this Agreement at
21 any time for cause for the other party's material breach of any of its obligation under this agreement if
22 not less than ten(10)days advance written notice has been given to the breaching party and such
23 breach remains uncured. The party receiving said notice may respond to said notice and any charges
24 contained therein within the ten(10)day period. CONTRACTOR shall be paid pro rata for those days
25 of satisfactory service performed to the date of termination.The terms of this Agreement,and the
26 services to be provided hereunder,are contingent on the approval of funds by the COUNTY's Board
27 of Supervisors. Should sufficient funds not be allocated by COUNTY,the services provided may be
28 modified,or this Agreement terminated by COUNTY at any time by giving the CONTRACTOR thirty
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1 (30)days advance written notice. In the event of termination,each party shall be responsible for
2 complying with all laws applicable to them, if any,respecting reduction or termination of medical
3 services
4 16. FORCE MAJEURE
5 A. If either party hereto is rendered unable, wholly or in part,by Force Majeure to
6 carry out its obligations under this Agreement,that party shall give to the other party hereto prompt
7 written notice of the Force Majeure with full particulars relating thereto. Thereupon, the obligation of
8 the party giving the notice,so far as they are affected by the Force Majeure,shall be suspended during,
9 but no longer than,the continuance of the Force Majeure, except for a reasonable time thereafter
10 required to resume performance.
11 B. During any period in which either party hereto is excused from performance by
12 reason of the occurrence of an event of Force Majeure,the party so excused shall promptly,diligently,
13 and in good faith take all reasonable action required in order for it to be able to promptly commence or
14 resume performance of its obligations under this Agreement. Without limiting the generality of the
15 foregoing,the party so excused from performance shall,during any such period of Force Majeure,take
16 all reasonable action necessary to terminate any temporary restraining order or preliminary or
17 permanent injunctions to enable it to so commence or resume performance of its obligations under this
18 Agreement.
19 C. The party whose performance is excused due to the occurrence of an event of
20 Force Majeure shall,during such period,keep the other party hereto notified of all such actions
21 required in order for it to be able to commence or resume performance of its obligations under this
22 Agreement.
23 D. "Force Majeure"is defined as an Act of God,act of public enemy,war, and other
24 extraordinary causes not reasonably within the control of either of the parties hereto.
25 17. GOVERNING LAW
26 For purposes of venue,performance of this Agreement shall be in Fresno County,
27 California. The rights and obligations of the parties and all interpretations and performance of this
28 Agreement shall be governed in all respects by the laws of the State of California.
- 16 - COUNTY OF FRESNO
Fresno, CA
i
I
1 18. CONFIDENTIALITY
2 All services performed by CONTRACTOR under this Agreement shall be in strict
3 conformance with all applicable Federal,State of California and/or local laws and regulations relating
4 to confidentiality, including all Health Insurance Portability Accounting Act(HIPAA)regulations.
5 19. SEVERABILITY:The provisions of this Agreement are severable. The invalidity or
r6 unenforceability of any one provision in the Agreement shall not affect the other provisions.
I
7 20. ENTIRE AGREEMENT
i 8 The parties agree that all of the terms of this Agreement shall be binding upon them,and
i
9 their successors-in-interest,assigns and legal representatives,and that together these terms constitute
10 the entire agreement of the parties with respect to the subject matter hereof. This Agreement
11 supersedes all previous negotiations,proposals,commitments,writings,understandings and
12 agreements of any nature whatsoever concerning the subject matter hereof unless expressly included
13 in this Agreement. No variation or modification of this Agreement and no waiver of any of its
14 provisions or conditions shall be valid unless in writing and signed by an authorized agent or officer of
15 the parties. This Agreement may not be assigned by CONTRACTOR or COUNTY without the
16 written consent of the other party. CONTRACTOR shall not delegate, subcontract,assign,or transfer
17 any of its duties hereunder without the written consent of the COUNTY.
18
19
20
21
22 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and
23 year first hereinabove written.
24
25
26
27
28
17 - COUNTY OF FRESNO
Fresno, CA
CITY OF KINGS URG ,,/ CIO`LNTY OF FRESNO_
3 Michelle Roman. Mayor of the City of Nathan Mausi" Chairman of the Board of
4 Kingsburg Supervisors ol'the Count% of f-resno
6
8
a ATTEST: ATTEST:
Abigail Palsgaard Bernice E.Seidel
10 City Clerk of the City of Kingsburg Clerk of the Board of Supervisors
County of Fresno,State of California
1�
_3
:4
Deputy _.. .._
�9
�v
22
23
2.4
25 FOR ACCOUNTING USF ONLY:
26
27 ORG No.: 56201695
Account No.:7295
28
:R .UI.NTY J4 FRESNO
Fresno, CA
Exhibit A
Fresno County Ambulance Service Area
Zone K
Description
1. Beginning at the intersection of S. McCall Avenue and E. Mt. View Avenue.
2. Proceed south along S. McCall Avenue to the intersection of S. McCall Avenue and E. Conejo
Avenue.
3. Proceed west along E. Conejo Avenue to the intersection of E. Conejo Avenue and S. Clovis
Avenue.
4. Proceed south along S. Clovis Avenue to the intersection of S. Clovis Avenue and E. Elkhorn
Avenue.
5. Proceed east along E. Elkhorn Avenue to the intersection of E. Elkhorn Avenue and S. Highland
Avenue.
6. Proceed south along S. Highland Avenue to the intersection of S. Highland Avenue (State Route
43) and the Fresno County/Kings County line.
7. Proceed northeast along the Fresno County/Kings County line and the Fresno County/Tulare
County line to the intersection of the Fresno County/Tulare County line and E. Mt. View Avenue.
8. Proceed west along E. Mt. View Avenue to the point of origin.
Exhibit A
Fresno County Ambulance Service Area
Zone K
1 m S iNNEWAWA VE S N IINNE RWA VE
SCL SAVE I m
m !o m
A X
y S LO VIS AVE
m M f.
z { W K
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i
m
S FOWLER AVE O m �^ SSUN YSIDE AVE
c m
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m < M z
tn m SF WLER AVE m m m m z
z m �
= m m
y A o A m f D
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y
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m m
STEMPE NCE VE m;; m
= m O
ti A z
z m S LOCAN AVE D Z
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m S c
S HIGH AND AVE z =
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z D a
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m MITC IE p
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b
MCCALL AV
ism
S L REY AVE K lip
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m
DEL REYA E rn
DIANOLAA Oy D A 8 RAV
2
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I DIANOLAR m "
NELSON WE A %jYy m
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z
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x
c
m =
S DOCINOA A N
m N D
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c m <
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� SRO SS AVE
a $ 7c
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< M
m N
N �+) D S ZED IK. R AVE O
O i. m D
(D )pop-
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rF
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m
Exhibit B
Fresno County Ambulance Service Area
Zone K
Metropolitan Response Area Description
1. Beginning at the intersection of S. Del Rey Avenue and E. Mt. View Avenue.
2. Proceed south along S. Del Rey Avenue to the intersection of S. Del Rey Avenue and E. Swanson
Avenue.
3. Proceed east along E. Swanson Avenue to the intersection of E. Swanson Avenue and the Fresno
County/Tulare County line.
4. Proceed northeast along the Fresno County/Tulare County line to the intersection of the Fresno
County/Tulare County line and S. Zediker Avenue.
5. Proceed north along S. Zediker Avenue to the intersection of S. Zediker Avenue and E. Mt. View
Avenue.
6. Proceed west along E. Mt. View Avenue to the point of origin.
Exhibit B
Fresno County Ambulance Service Area
Zone K
Metropolitan Response Area Description
m S DEL REYAUE N
D
INOIANOLAAVE = O
a
i S AMBER AVE
< m m
m y
INDLAN LA AVE
BETHELAVE m 6�
NELSONAVE
m
P c
m
S BET SLAVE D o
m
N O z
z O
z
z m
c
m m S m
z
m m
ON H AVIIg O
0
107H y m 10THA SACADE WAVE
12TH AVE
4 HAVE
Y
o m S MENDOCINO ME
g < 0 to
p T A E p
A Z
m N N g
p 1y
S MADSENAVE
y
m
pp
A O
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G
N rmq- m m
0 � N �
S c
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/n ti
`V r-F m
W N S ZED IKER AVE
c_
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= m
m N
o
m
m
N
ROA 32 SSMITHAVE
0
Exhibit C
Fresno County Ambulance Service Area
Zone K
Rural Response Area Description
The Rural Response Area includes the area within Fresno County Ambulance Service Area
Zone K(Exhibit A), excluding the area identified as the Metropolitan Response Area(Exhibit B).
Exhibit C
Fresno County Ambulance Service Area
Zone K
Rural Response Area
rt' S INNEWAWA VE
SCL VS AVE m
m
p m
S LOVISAVE
A
m
? D m A C
m m S FOWLER AVE O m m 8 SUNP4YSIDE AVE
m
O m z D K m
ra m S F WLER AVE m m CD
O x z
z D m m
q A A q T
7� m z N < D
0 < < m m
m m
STEMPE NCE VE R'
-1
0
= m Z p
= C S LOCAN AVE p Z
m
m m m z y
> 0 S DE WOLF AVE m m fi
m
p z 0 � <
m °
�' m
CA-43 S HIGHL AND AVE x
'� m
u m
D
m m
m w
THO IP.SGN
MCCALL AV
MCCALLAV
m
CKE RY E
L REYAVE ,a7
S VA HO RN AVE
�j m
DEL RE YA E to
N DIAN OLAA 6 C m
z
DIAN
m
THE AVE
N N N
O O Q g
:3 :3 (D
f� AVE m
N
CINOAVE
D
D
rF r m
O
\V
N :BIKER AVE
N )pop-
T 5 I MI7HkV
Exhibit D - Response Time Performance Standards
Zone Priority Minimum Cumulative Frequency
Response Time Standard
Metro Zone 1 & 2 10 minutes 95% Monthly
Metro Zone 3 &4 20 minutes 95% Monthly
Metro Zone 5 30 minutes 95% Monthly
Rural Zone 1 & 2 20 minutes 95% Quarterly
Rural Zone 3 &4 30 minutes 95% Quarterly
Rural Zone 5 30 Minutes 95% Quarterly