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.
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.. . ~ ...... ~ 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
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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:
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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
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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.
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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
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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.
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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
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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
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{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.
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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