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HomeMy WebLinkAboutResolution 2016-0014TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 14 Series of 2016 A RESOLUTION APPROVING THE RENEWAL AND AMENDMENT OF AN INTERGOVERNMENTAL AGREEMENT FOR AMBULANCE SERVICES AMONG THE CITY OF WHEAT RIDGE, THE WHEAT RIDGE FIRE PROTECTION DISTRICT AND RURAU METRO OF CENTRAL COLORADO DBA PRIDEMARK PARAMEDIC SERVICES, LLC. WHEREAS, the City of Wheat Ridge, Colorado (City), acting through its City Council (Council) is a home rule municipality with statutory and constitutional authority to enact ordinances and enter into agreements for protection of the public health, safety and welfare; and WHEREAS, in the exercise of that authority, effective January 1, 2012, the Council approved an Intergovernmental Agreement (IGA) among the City, the Wheat Ridge Fire Protection District and Rural Metro Ambulance, d/b/a Pridemark Paramedic Services for the provision of ambulance services within the City boundaries; and WHEREAS, the IGA requires annual renewal and approval; and WHEREAS, on January 25, 2016, through the adoption of Resolution 12-2016, the Council expressed its support for the proposed consolidation of the District and the West Metro Fire Protection District, as well as the Council's willingness to consider termination of the IGA if and when the districts consolidate and are able to provide fire- based EMS services in the City; and WHEREAS, the Council finds that such consolidation has not yet taken place and that renewal of the IGA is therefore appropriate and desirable at this time to ensure adequate emergency ambulance service throughout the City; and WHEREAS, based on the previous year of experience with the IGA, the parties further desire to amend the IGA to establish maximum rates for certain services billed to the City; and WHEREAS, Section 14.2 of the Wheat Ridge Home Rule Charter requires the Council to approve agreements with other governmental entities by resolution or ordinance. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. The Council hereby approves the renewal of the Intergovernmental Agreement for ambulance services between the City of Wheat Ridge, the Wheat Ridge Fire Protection District, and Rural/Metro of Central Colorado, Inc. d/b/a Pridemark Paramedic Services, as amended and as attached to this Resolution, for the 2016 calendar year. Section 2. The Council reaffirms its expression of support for district consolidation and willingness to reconsider the IGA in the event of such consolidation, as more particularly stated in Resolution 12-2016. Section 3. This Resolution shall be effective immediately. DONE AND RESOLVED this 81h day of February, 2016. 2 .. . ~ ...... ~ City of ~WheatRi_.dge INTERGOVERNMENTAL AGREEMENT RFP-11-31 AN AGREEMENT AMONG THE CITY OF WHEAT RIDGE, THE WHEAT RIDGE FIRE PROTECTION DISTRICT, AND RURAU METRO OF CENTRAL COLORADO, INC. d/b/a PRIDEMARK PARAMEDIC SERVICES, FOR AMBULANCE SERVICES. 1 0 PARTIES The parties to this Agreement are the City of Wheat R1dge, a Colorado municipal corporation (hereinafter referred to as "the City"), Wheat Ridge Fire Protection District, an independent, quasi-municipal corporation, (hereinafter referred to as the "Fire District") and RURAUMETRO OF CENTRAL COLORADO, INC d/b/a PRIDEMARK PARAMEDIC SERVICES, (hereinafter referred to as "the Compant) 2.0 RECITALS AND PURPOSE. The City and Fire District desire to ensure the availability of high quality emergency ambulance service w1thin the entire corporate ltmits of the C1ty of Wheat Ridge, and the boundaries of the Fire District, and the Company agrees to prov1de such services pursuant to the terms of th1s Agreement 2.1 The response area of the City of Wheat Ridge is within the corporate city limits. If the desttnation is in an overlapping area with another City, the call should be handled by the provider who is contracted with the onginating call dispatch center. If this is not feasible, the responding fire protection district/department must be immediately notified 2.2 The response area for the Fire District shall include the Town of Mountain View, untncorporated Jefferson County whtch is within the Ftre D1strict, Town of Lakeside excluding the amusement park and the single fam1ly dwellings, those port1ons of the Fire District that are located withm the Fa~rmount F1re Protection D1stnct and the City of Lakewood. Effective January 1, 2013, the City of Edgewater became a response area of the Wheat Ridge Fire Protection District. 3.0 TERMS AND CONDITIONS. li Service. The Company will mamtain a response time of six (6) minutes on emergency responses 90% of the time and a response of ten (10) minutes on non- emergency 90% of the time. The Company shall make available a sufficient ALS ambulance to respond to calls for medical assistance within the C1ty and Fire District for 1t to meet the required response times The Company further agrees to make available backup ambulances to the City and F~re D1strict With response t1me of eight (8) minutes or less 3.1.1 The Company shall prov1de EMS services twenty-four hours a day, seven days a week, and three hundred s1xty-five days per year Response shall be without regard to the patient's ability to pay. 3 1 2 The standard of care shall include the Denver Metro Paramedic Protocol Standards. 3. 1.2 1 The emergency medical services standard of care shall be ALS ambulances staffed with at least one licensed paramedic on board each ALS un1t The EMS duties shall be performed under the control and direction of the paramedic. At least one qualified EMT can also be a member of each crew ALS crews shall respond on all calls for service. After Initial assessment by a paramedic, and only when deemed medically appropriate, a BLS 1 crew, cons1sting of no less than two (2) EMT's, may provide transportation to the hospital. 3. 1.3 The company shall be required to develop and mamtain a current deployment plan. Deployment plans must contam the following elements: 3 1 3 1 Identification of the number of ambulances to be deployed during each hour of the day and day of week. 3 1 3 2 A description of 24 hour system status management strategies to deploy or re-deploy resources to meet performance requirements 3 1.3.3 A description of how the company will meet the demand for emergency ambulance response during peak penods and during unexpected penods or unusually high call volume. 3.1 4 In the event there will be a recognized delay where the anticipated travel t1me exceeds the emergent response time of SIX (6) mmutes or the non- emergent response time of ten (10) mmutes, the lnc1dent Commander of the situation shall be notified. The Incident Commander will then make the decision as to authorizing the continued response of the Company. or to request other EMS service prov1ders. 3.1. 5 The Fire District reqwres an ambulance response when the call for service is a confirmed structure fire even if it has been determined that there are no confirmed injunes at the onset of the call The ambulance response shall be emergent unless otherwise notified by the City or the respondmg fire protect1on d1stricVfire department. 3.1 6 For purposes of th1s Agreement, the follow1ng pnorities shall apply to EMS Services: 3 1 6 1 Emergent (Priority 1) Response: Situation determined by the emergency medical dispatcher, in strict compliance with the medical priority dispatch "b", "c", "d", or "e" response codes and their assoc1ated criteria 3.1.6 2 Non-Emergent (Priority 2} Response: S1tuation determined by the emergency medical dispatcher. in stnct compliance with the medical priority dispatch "a" response code and associated criteria. 3.2 Penalties for Non-Compliance. 3.2.1 The Company understands that the failure to comply with response times will result in damages to the City and/or Fire District and that it is impracticable to determine the actual amount of such damages Therefore. the Company, City, and Fire District now agree that the liquidated damages specified for EMS services are reasonable. All liquidated damages shall be late if not receive by the C1ty or the Fire District no later than thirty (3) days after written rece1pt of notice of the liquidated damages The penalties for non-compliance of service delivery are established as the following fractile m1nimum t1mes and actual penalties for non-compliance: 2 Emergent & Non-Emergent Responses Financ1al Penalty Per Month 90% or above $0.00 85% to 89.99% $ 1,500 80% to 84.99% $2,500 75% to 79.99% $3,500 74.99% and below $4,500 3.2 2 Additional penalties shall also be assessed against the Company in the following instances: 3 2.2.1 A $100 penalty charge shall be assessed for each instance in which the Company fa1ls to give the responding fire protection districVdepartment communications center it's "enroute to scene" or "arrival at scene" times in conformance with missing data penalties. For each instance in which an ambulance was dispatched and the crew fails to report is times or any other information on which the measurement of system performance depends, the $100 penalty will apply per occurrence. 3.2 2.2 A $100 penalty shall be assessed for any response time greater than fifteen (15) minutes. 3.2.2.3 Penalties collected in conformance with this Agreement shall be given to the C1ty contracted Victim Serv1ces Program, or another service program that is related to the provision of EMS services as determined by the EMS Response Time Compliance Committee. 3 22 4 Response t1mes for EMS services will be measured from the t1me the Company 1s documented as dispatched by the emergency med1cal dispatcher until the dispatcher IS notified and documents the service provider has amved on-scene (or in the case of another location other than the actual scene, the staging area or nearest accessible point for the ambulance (i.e. fence, apartment complex parking lot, etc.) The Company agrees the Company's communications center shall be the official record of each call. All compliance response times shall be immediately available for review upon request. 3 2 2.5 If the Company is upgraded prior to the first EMS ambulance arriving on scene, compliance with response time and liquidated damages will be calculated based on the shorter of: 3 2.2.5. 1 Time elapsed from dispatch time, as specified to time of upgrade plus the higher priority response time, or 3.2.2.5.2 The lower priority response time requirement 3.2.2 6 Downgrades may be initiated by emergency medical dispatchers when the response was dispatched becomes available that indicates, in strict accordance with the medical priority dispatch response codes, that the response should have been dispatched at a lower priority. Downgrades may also be initiated by the City and/or EMS first responders of the Company's supervisory personnel who arrive on scene prior to the first EMS ambulance in a accordance with the medical priority dispatch response 3 codes If a response IS downgraded pnor to the arrival on scene of the first EMS ambulance, the Company's compliance with response time and liquidated damages will be calculated based on: 3.2.2 6 1 The lower priority response time standard, if the EMS ambulance IS downgraded before it would have been JUdged late under the higher pnonty response t1me, or 3.2.2.6.2 The h1gher priority response t1me standard, if the EMS ambulance is downgraded after 1t would have been JUdged later under the h1gher pnority response t1me. 3 2 3 If the Company is unable to respond with a backup ambulance the Company shall immediately call another ambulance company to provide the required ambulance service and shall 1mmed1ately notify the communications center for the responding fire protection district/ department. 3.2.4 Equipment failure, traffic accidents, Company dispatch errors or lack of a nearby ambulance shall not furnish grounds for release from response time standards. If the Company feels that any response or group of responses due "to unusual circumstances beyond the Company's reasonable control", the Company may request, in writing, that these runs be excluded from response time performance calculations and penalties. 3 2.5 In the event of inclement weather, the part1es further agree that a weather emergency will be declared with the C1ty Pollee Department or the Distnct deems appropriate 3 2 6 During a disaster, 1t 1s mutually agreed upon by the parties. whether within the response area or in a neighbonng area or community, the Company shall be exempt from the response time requirements stated in this Agreement. A "d1saster" may include widespread destruction or endangerment of lives cause by severe weather, flooding, military or civil actions, manmade or natural disasters. 3 2. 7 Prior to a period of unusual system overload within the City or the Fire District, the Company shall have a plan in place which proactively addresses the system overload. 3.3 Calls. In consideration of keeping such ambulances available this Agreement is exclusive between the City, Fire District and the company for all PSAP generated emergency and non-emergency ground medical transportation requ irements within the response area. The City and/or District shall not engage or utilize other contractors or persons to perform ground medical transportation services of the same or similar nature, except in instances where. in the City and/or District's reasonable judgment, the service provider is unable to provide the ground medical transportation services within the response t1mes stated in the Agreement. 3.3.1 The Company further agrees that it shall respond to all calls directed by the City or Fire District, and shall perform its duties under the direction and control of the requesting agency. 4 3 3 2 The City and the Fire District may require an ambulance to be on site at vanous festivals and public events at no additional cost to the C1ty or Fire Distnct 3.3.3 Calls for servtce wtll include response by the Company for lift ass1sts (non-injury included) at no cost to the City or Fire District. 3.4 Compliance with Law. The Company agrees to comply w1th all federal, state, county, and local statutes, regulations, or ordinances in its provision of the services described with1n th1s Agreement, and to maintain its current ambulance license 1ssued by Jefferson County The Company agrees that its records and rosters regarding equipment, vehtcles, and training may be reviewed by the Ctty or Ftre D1stnct during regular busmess hours 3.5 Communications. The Company agrees to mamtain communtcattons capabilittes with the Ctty of Wheat Ridge Police/Fire Communications Center and all pollee, fire, and ambulance vehicles and equipment, as well as communications between the Company's vehicles and the City and Fire District personnel on scene, and to ma1ntain two back-up speed dial lines containing the caller identification feature to the Communication Center, all at the Company's expense using direct telephone line capabilities. The Company agrees to maintain channels one and two on the frequency of the Company's vehicles and dispatch center. All radios used shall be programmed by Lakewood/West Metro Area commumcabon personnel. 3 6 Medical Supervision. The Company agrees to utilize a Phys1cian Advisor agreed upon by the City and Fire District. A Physician Advisor is defined as a physician who establishes protocols for medical acts performed by paramedics, and who IS specifically designated and responsible to assure the competency of the performance of those acts allowed by such paramedics. The part1es hereto agree that this Section 3.5 shall be in effect only for the scope of service detailed in this Agreement. The Company further agrees to adhere to, as a mmimum standard, the Denver Metropolitan Paramedic Protocols, as amended, with respect to med1cal acts not governed by the protocols developed by the Company Phys1c1an Advisor 3. 7 Rates. The Company shall be allowed to charge patients its usually and customary rates. A copy of the Company's current rate schedule attached to this Agreement as Exhibit A. Any changes to the rate schedule which exceed a Denver Medical CPI must be approved by the City and Fire District before taking effect. Rates will be evaluated as part of the performance evaluation. 3. 7 1 Patients transported by the Company will be responsible for the full amount of insurance deductibles and co-payments required prior to msurance reimbursement The max1mum out of pocket expense will also apply to patients who do not have insurance. 3 7 2 Rates should mclude cost containment measures that guarantee a maximum out of pocket expense to a patient who utilizes the service. 3. 7 3 Only one price increase per year may be submitted. The request must be at least sixty (60) days prior to the expiration date. 3 7.4 Maximum rates charged to the City. The Company shall charge the City the following maximum rates: $45 00 per forens1c blood draw; transport services at the rates set forth m the table below· Trano;:nnrt Tvne/Senolce HCfCS Bate ALS Non-Emergency Transport Level 1 A0426 $315.00 ALS Emergency Transport Level 1 A0427 $500.00 BLS Non-Emergency Transport A0428 $260.00 5 BLS Emergency Transport A0429 $415 00 ALS Leve l 2 A0433 $715.00 SCT Spec1alty Care Transport A0434 $900.00 SCT Specialty Care Transport Neonatal A0225 N/A Mileage (Per Loaded Mile} A0425 $7.50 Non-Covered Mileage (Per Loaded Mile) A0888 N/A 3.8 Detox and Mental Health Hold Transports Notwithstanding any other provision of th1s Agreement to the contrary, the Parties shall adhere to the following protocols 1n regards to ambulance transports to detoxification facilities or to med1cal facilities for purposes of mental health holds: 3.8 1 Detox Transports A. City personnel and Company personnel will cooperatively attempt to obtain subject consent to transport. If consent is obtained, the City and Company shall each duly document such consent 1n its usual manner of record-keeping. B. If consent to transport cannot be obtained from an Intoxicated subject who ts unable to care for himself or who requires detoxification supervision or medical care. the Company shall transport such a subject as a patient who lacks dec1s1on-making capacity, tn accordance with the Denver Metro Paramedic Protocols. C. The Company shall bill the subject for the cost of detoxification transports on the basis of either express or implied consent. The Company agrees that it shall not seek to recover the costs of detoxification transports from the C1ty. The Parties recognize and agree that such transports do not constitute "custody" for purposes of Section 16-3-401 of the Colorado Revised Statutes. 3.8.2 Mental Health Hold Transports A. City personnel and Company personnel will cooperatively attempt to obtain subject consent to transport if such personnel agree that consent can be meaningfully given by the subject. If consent 1s obtained, the City and Company shall each duly document such consent in its usual manner of record-keeping. 8 If subject consent cannot be obtained pursuant to A above: i. If the subject lacks decision-making capacity, the Company will transport the subject in accordance with the Denver Metro Paramedic Protocols. In such even, and when City personnel determine that the subject meets the applicable statutory criteria, City personnel shall provide completed mental health hold documentation on the subject to Company personnel. Such documentation is provided by the City as a fu lfillment of 1ts Police Department dut1es and intended as a corroboration of the determination of Company personnel that a subject requires mental health hold documentation provided by City law enforcement personnel is not an exercise or admission of "custody" for purposes of CRS 16-3-401 and shall not be used by the Company to seek to recover the costs of such transports from the City. 6 ii. If the subject does not lack decision-making capacity, or if City personnel believe the subject lacks such capacity but Company personnel disagree, Company personnel shall contact the Base Physician, 1n accordance w1th Guideline "E" under the "Mental Health Holds" port1on of the Denver Metro ParamediC Protocols, for a remote evaluation of the subject The Base Phys1c1an shall determine whether the subject must be transported against his will. If the Base Phys1cian orders the subject transported for evaluation against his bill, the Company and City shall proceed with transport, paperwork and billing as set forth under paragraph i above. If the Base Physician does not authonze the transport of the subject agamst his will, the C1ty shall not utilize the Company for transport. C. The Company shall bill the subject for the cost of mental hold transports on the basis of either express or implied consent. The Company agrees that it shall not seek to recover such costs from the City and that mental health hold transports do not constitute ·custody" for purposes of Sectton 16-3-401 of the Colorado Rev1sed Statutes. 3.8.3 During transport, Company personnel shall exercise that degree of physical control over patients as is required by relevant practices, customs and professional standards If, despite the exerc1se of such control, a person being transported pursuant to this Section 3 8 escapes before he is delivered to his ultimate destination, the City expressly agrees that such escape does not constitute a breach of th1s agreement by Company. 3.8.4 The City and Company each recognize and agree that mental health holds, detoxification holds and other emergency commitments authorized by law reflect a pubhc policy of providmg care and treatment to those unable to obtam it themselves. Emergency holds and commitments do not serve the same purposes and goals as arrests, detainments in jails and other forms of traditional law enforcement "custody," e.g . preventing escape pending adjudication. segregating offenders as punishment and protecting the law-abiding population. Each Party seeks to play Its customary role in protecting Individuals and the public and in facilitating the provision of care to those who need it without fear of unpredictable and uncontrollable expenses. 4.0 HELICOPTER. It is understood that in cases of extreme emergency, it may be necessary to use a helicopter in lieu of, or In addition to, the Company's ground services. Such medical decisions to use the helicopter service shall be made by the police and/or fire personnel or Company personnel on scene, with the primary responsibility for such medical decision making resting with the Company after consultation with fire and police personnel on the scene. 5.0 CONTROL The Wheat Ridge Police Department shall have control of all crime scenes to wh1ch the Company is requested to respond. The Wheat R1dge Fire Protection District's ranking off1cer on scene shall have control of all fire and EMS scenes. Company employees shall consult with and follow the orders and directions given by the appropriate police or fire personnel, as such orders relate to scene control. The Company paramedic shall be in charge of all patient care and transportation destination, including medical triage and mode of transportation, pursuant to appropriate medical care protocols as approved by their physician advisor 6.0 TRAINING. The Company agrees to provide upon request by either the City or the Fire District and at the Company's own expense, personnel to assist with the training of the City police department personnel and/or Fire District personnel in the areas of First Responder, EMT and 7 CPR classes. along with appropriate CE medical traming These classes shall be held at times mutually agreed upon by the parties hereto 7 0 EQUIPMENT. L1 The Company shall fum1sh, at its own expense, ambulances and accessory equipment The Company agrees to prov1de commonly used disposable supplies as replacements for those supplies used by the respond1ng fire protection district/department during med1cal emergencies These supplies will be initially stocked by the company such that each responding fire protection district/department in the district has ample supplies to respond to emergencies. The company w111 periodically re- stock the supplies 1n a manner agreed by responding fire protection distnct/department. 7.2 The Company agrees that Jefferson County or any other licensing authority shall have the right to inspect on an annual bas1s the Company's vehicles used for performance of ambulance service, for the purpose of determining safety standards of the veh1cles used and, further, to ensure that the vehicles so used are equipped with that accessory equipment required by the Colorado Department of Public Health and Enwonment, and said equipment shall be in proper working order for the use in Advanced Life Support treatment A permit issued by the County or any other licensing authonty shall be deemed as evidence of sa1d annual inspections. 7.3 The Company agrees, when operating its ambulance veh1cles in an emergency or non-emergency capacity, sa1d vehicles will be driven 1n a safe and prudent manner, in compliance with all State statutes, City and County ordinances relating to the operation of emergency vehiCles 7.4 The company is encouraged to eqUip all EMS providers with NFPA 1071 , or NFPA 1951-comphant personal protective equ1pment to mclude helmet, eye protection, gloves, coat, trousers, and boots. Furthermore, all EMS providers shall be provided ANSI 207 -compliant traffic safety vests. The required equ1pment shall be worn on all automobile accidents occurring with the response area of this Agreement. 7.5 Upon request, the Company will provide details of their vehicle replacement program. 8.0 COMPANY EMPLOYEES. Each crew shall consist of no less than a licensed paramedic and one qualified EMT whose qualification meet the guidelines of the statutes, rules, and regulations of the Emergency Medical Services Division of the Colorado Department of Health, as amended, and are acceptable to the Compar.y Physician Advisor . .§..1 The Company agrees. while operating its ambulance in and around the City and Fire District boundaries. the employees of the Company shall maintain a professional attitude and performance standard and level of conduct for Emergency Medical Technicians and Paramedics. 8.2 The Company agrees to notify the City and Fire District within thirty (30) days of changes 1n management personnel. Staff changes shall never change the level of service. 8.3 The Company will provide the City and the Fire District a complete list of Company field employees, their certifications. and completed continuing education immediately upon request 9.0 TERM. The parties mutually agree and understand that the term of this Agreement shall be for a period of one (1) year from January 2012 thru January 2013 and upon the expiration of said period, this Agreement may continue for four (4) additional one-year periods, subject to the provisions hereof, provided that no event shall this Agreement continue for a period beyond five 8 {5) years from the date of execution hereof. Said Agreement shall be renewed for success1ve one {1) year periods, as prov1ded herem, subject to review and performance evaluat1on by the Wheat Ridge C1ty Council and the Wheat Ridge Fire District annually. Th1s Agreement may be terminated by e1ther the City Council or the Fire District, following said review, or pursuant to the provisions of this Agreement. Unless so termmated, this Agreement shall continue in full force and effect. The parties further agree that the City or Fire District, upon a determmation that the Company is not performing the agreed upon services in a reasonable manner and/or 1n a t1mely fashion, shall give written nonce of such dissatisfaction, and failure of the Company to develop and implement a plan to rectify substandard practices within ten {10) days from receipt of not1ce thereof, shall give nse to the cancellation of this Agreement. Should such determination of d1ssat1sfaction result from a particular 1ncident, the City or the Fire Distnct w111 attempt to g1ve oral not1ce withm two {2) business days of the incident giving rise to the dissatisfaction. Upon issuance of a second notice of dissatisfaction, the City or Fire District may, at its option, cancel th1s Agreement without affording the Company the opportunity to correct the complained of substandard practice U Nothing contained herein shall be construed as establishing any obligation on behalf of the City and/or Fire District to make any monetary payment or other subsidy to the Company by v1rtue of this agreement 9.2 This Agreement shall rema1n 1n full force and effect prov1ded, however, that either party may terminate this Agreement sooner. other than for cause, upon one hundred twenty (120) days notice. This termination provision shall also be applicable to any renewable period exercised by the parties. 9.3 If any party fails to comply with any term of this Agreement, any other party may terminate this Agreement immediately upon written notice indicating the termination date and/or sue for breach of contract. In such event, the prevailing party m such dispute shall be entitled to 1ts reasonable costs. including its attorneys' fees 9.4 The obligations of the City and the Fire Distnct hereunder are expressly subject to the approval of annual appropriations. therefore, m the event of non-appropriation. this Agreement shall be deemed terminated as of the end of the fiscal year for which funds have been appropriated Termination of the Agreement for this reason shall not constitute a default or breach of the Agreement withm the scope of Section 9.3. This Agreement does not create or constitute a multi-year fiscal obligation of the City or of the Fire District. 10.0 POLICY. 10.1 The Company's performance shall be reviewed annually by the City. Fire District and Physician Advisor. A written performance report shall be submitted to the City Council and the F1re Distnct Board at the time of renewal of this Agreement. 1 0.2 The Company agrees to be a participating member m any rev1ew committee which is established by the City, the Fire District or by the approved Physician Advisor. 10.3 The EMS Response Time Compliance Committee {ERTCC) is hereby established for purposes of this Agreement. This committee shall meet on a monthly basis. The Company agrees to maintain and provided to the City and/or Distnct monthly response time reports. ambulance trip reports to include the patient's name, address. dispatch t1me. arrival time, destmation time and the patient's condition, and any other pertinent reports as requested by the ERTCC. 10 3 1 The ERTCC will rev1ew the response times and determination of allowable exemptions The determination of allowable exemptions will be based upon the circumstances that existed during the particular situation being reviewed. At the discretion of the committee members, the allowance exemptions may not be reflected m subsequent monthly statistics. 9 10.3.2 The parties agree that from time to time issues may arise where one party has concerns regarding the employees of the other party(s) or other issues related to the parties operations as they affect this Agreement. The parties agree that, upon receipt of a request to address any 1ssue of this type, an appropnate representative of each party shall promptly meet to explore the matter, and each party shall work m good faith to address valid issues of concern. 10.4 The City and/or District may, upon written notice, inspect the Company's records to ensure compliance with this Agreement. 10 5 Nothing contained within this section of the Agreement constitutes the wa1ver of any pat1ent's rights to confidentiality. 11 .0 ASSIGNMENT Except as provtded in this Section, the Company may not assign or subcontract, Its rights and obligations under this Agreement. without this prior written approval of the City and Fire District 12.0 LIABILITY. Notwithstanding any language to the Contrary contained tn thiS Agreement, the Company is an independent contractor and is not an employee or agent of the City or Fire District. The Company assumes all liabtlity for and agrees to indemnify and hold harmless the City and Fire District. The Company assumes all liability for and agrees to indemnify and hold harmless the City and Fire District from any and all claims for injuries or damages, including attorney's fees, arising from the Company's performance or lack of performance under this Agreement except to the extent such claim for injury or damages which are the direct and proximate result of an act or order of a police officer or other employee or volunteer of the C1ty or Fire District. 13.0 INSURANCE. The parties further agree and understand that the Company shall maintain and keep in force an automobile insurance liability Policy with a minimum coverage of One Million Dollars ($1 ,000,000.00) combined single limit for bodily injury and property damage. 131 The Company shall maintain and keep in force a Professional and General Liability insurance policy covering the employees of the Company for any and all malpractice and/or negligent acts performed or committed by those employees of the Company. Coverage for Professional/General liability shall be a mm1mum of one million dollars ($1 ,000,000) for any one claim and one million dollars ($1 ,000,000) combines single limit bodily injury and property damage. 13 2 Provided, however, that any language contatned in this paragraph 13 to the contrary notwithstanding, the Company agrees that there shall be in effect, no less than one million dollars ($1 ,000,000) of insurance protection for each of the types of insurance protection specified in paragraph 13.1 hereof, which one million dollars ($1 ,000,000) of minimum insurance coverage shall be available to each person or patient attended to or transported by the Company pursuant to the terms hereof. The Company also agrees to furnish the City and Fire District a Certificate of Insurance evidencing the minimum amounts of coverage described above, and said policy shall further prov1de a specific provis1on relating that, 1n the event of cancellation of said policy, the City and Fire District shall be notified in writing ten {10) days prior to cancellation. The Company agrees to name the City and Fire District as additional insured parties. 13.3 The Company shall maintain and keep in force a Workers' Compensation insurance policy for all its employees This coverage shall meet the statutory limits set forth by the state of Colorado. 13 4 Each party shall be responsible for its own negligent acts, provided, however, that nothing in this Agreement shall waiver any immuntty, defense, or limitation of liability 10 available to either the City or the Fire District under the Colorado Governmental Immunity Act, Section 24-10-101 , et Seq., C.R.S. IN WITNESS WHEREOF, the parties have executed this Agreement and intend for it to be in full force and effect on the day of , 2016. ATTEST: (Seal) APPROVED AS TO FORM: ~fl~J:/ WHEAT RIDGE FIRE DISTRICT ATTEST: President: Jerry Cassel Wheat Ridge Fire District ATTEST: Secretary Kent Johnson Wheat Ridge Fire District 11 OWNER CITY OF WHEAT RIDGE 7500 W 29TH AVENUE WHEAT RIDGE, CO 80033 303-234-5900 CONTRACTOR RURAUMETRO OF CENTRAL COLORADO, INC. d/b/a PRIDEMARK PARAMEDIC SERVICES 6100 WEST 54TH AVENUE ARVADA, CO 80002 AUTHORIZED SIGNATURE PRINT NAME TITLE ATTEST TO CONTRACTOR· NAME TITLE DATE