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HomeMy WebLinkAboutResolution-1999-0080 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 80 Series of 1999 TITLE: A RESOLUTION PURSUANT TO SECTION 14 2 OF THE WHEAT RIDGE HOME RULE CHARTER TERMINATING AN INTERGOVERNMENTAL AGREEMENT AMONG THE CITY OF WHEAT RIDGE, THE WHEAT RIDGE FIRE PROTECTION DISTRICT, AND AMERICAN MEDICAL RESPONSE OF COLORADO, INC., AND APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE, THE WHEAT RIDGE FIRE PROTECTION DISTRICT. AND PRIDEMARK PARAMEDIC SERVICES, L.L.C., AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAID INTERGOVERNMENTAL AGREEMENT. WHEREAS, residents of the City of Wheat Ridge and those residents within the boundaries of the Wheat Ridge Fire Protection District (the "District") have a need for emergency ambulance service providing Advance Life Support (ALS), patient care and transport; and WHEREAS, the City of Wheat Ridge and the Wheat Ridge Fire Protection District, an independent quasi-municipal corporation, desire to ensure the availability of adequate emergency ambulance service within the entire corporate boundaries of the City of Wheat Ridge, and within the boundaries of the Wheat Ridge Fire Protection District; and WHEREAS, the City and the District entered into an intergovernmental agreement concerning ambulance services with American Medical Response of Colorado on or about October 24, 1995; and WHEREAS, Section 9.0 of said Agreement provides for annual review of the Agreement by the City Council, and further provides that the Agreement may be terminated by the City Council following said review; and WHEREAS. the City Council has reviewed the Agreement and has determined that it should be canceled pursuant to Section 9.0 and a new agreement with Pridemark Paramedic Services, L.L.C should be executed, and WHEREAS, the City Council deems It appropriate to enter into said new Intergovernmental Agreement with the District and Pridemark Paramedic Services, L.L.C., and GED\53027\334240 01 WHEREAS, Section 14 2 of the Home Rule Charter of the City of Wheat Ridge authorizes the City, by resolution, to enter Into Intergovernmental agreements. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council as follows: Section 1. The Intergovernmental Agreement among the City of Wheat Ridge, the Wheat Ridge Fire Protection District, and American Medical Response of Colorado, Inc., approved by the City and executed by the City on or about October 14, 1995, is hereby terminated by the City Council pursuant to Section 9.0 thereof, effective December 27, 1999. Section 2. The Intergovernmental Agreement among the City of Wheat Ridge, the Wheat Ridge Fire Protection District, and Pridemark Paramedic Services, L.L C., is hereby approved. The Mayor and City Clerk are authorized and directed to sign said Agreement DONE AND RESOLVED this 20th day of December, 1999 \ ) ------ ATTEST. CL~ I ir"-...J0~'\ \ ) GED\53027\334240 01 2 INTERGOVERNMENT AL AGREEMENT AN AGREEMENT AMONG THE CITY OF WHEAT RIDGE, THE WHEAT RIDGE FIRE PROTECTION DISTRICT, AND PRIDEMARK PARAMEDIC SERVICES, L.L.C., FOR AMBULANCE SERVICES 1.0 PARTIES. The parties to this Agreement are the City of Wheat Ridge, 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 Protection District") and Pridemark Paramedic Services, L L.C. (hereinafter referred to as "the Company" ) 2.0 RECITALS AND PURPOSE The City and Fire Protection District desire to ensure the availability of adequate emergency ambulance service within the entire corporate limits of the City of Wheat Ridge, and the boundaries of the Fire Protection District, and the Company agrees to provide such service pursuant to the terms of this Agreement. 30 TERMS AND CONDITIONS. 3.1 Service. The Company shall make available one (1) ambulance to respond to calls for medical assistance within the City and Fire Protection District. The Company will maintain an average response time of five (5) minutes and zero (O) seconds on emergency responses and an average of ten (10) minutes on nonemergency responses. The Company further agrees to make available backup ambulances to the City and Fire Protection District with response time of ten (10) minutes. 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 immediately notify the City dispatcher. 3 2 Calls. In consideration of keeping such ambulances available, the City and Fire Protection District agree that except when a helicopter is used, in all cases where a request is made to the City or Fire Protection District for emergency ambulance service and/or where ambulance service is found to be needed in the course of investigative or rescue operations, all such calls shall be referred to the Company. 3.2.1 The Company further agrees that it shall respond to all calls directed by the City or Fire Protection District. and shall perform its duties under the direction and control of the Company. 3.3 Compliance with Law and Accreditation. The Company agrees to comply with all federal, state, county, and local statutes, regulations, or GED\53027\334160 02 ordinances in its prOVISion of the services described within this Agreement, and to maintain its current ambulance license issued by Jefferson County The Company agrees that its records and rosters regarding equipment, vehicles, and traming may be reviewed by the City or Fire Protection District dUring regular business hours. 3 4 Communications The Company agrees to maintain communications capabilities with the City of Wheat Ridge Police/Fire Communications Center and all police, fire, and ambulance vehicles and equipment, as well as communications between the Company's vehicles and the City and Fire Protection District personnel on scenes, and to maintain 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 Legacy Communications. 3.5 Medical Supervision. The Company agrees to utilize a Physician Advisor agreed upon by the City and Fire Protection 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 parties 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 minimum standard, the Denver Metropolitan Paramedic Protocols, as amended, with respect to medical acts not governed by the protocols developed be the Company Physician Advisor. 3.6 Rates. The Company shall be allowed to charge patients its usual and customary rates. A copy of the Company's current rate schedule is attached to this Agreement as Exhibit A. Any changes to the rate schedule which exceed a Denver-Boulder Medical CPI must be approved by the City and Fire Protection District before taking effect 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 which the Company is requested to respond. The Wheat Ridge Fire Protection District'slFire Department's highest ranking officer on scene shall have control of all fire and EMS scenes. Company employees shall follow the GED\53027\331',160 01 2 orders and directions given by the appropnate Police or fire personnel. as such orders relate to scene control. The Company shall be in charge of all medical treatment, patient care and transport issues, and shall consult appropriate police and fire personnel upon arrival at the scene. 6.0 TRAINING. The Company agrees to provide the City police department personnel and Fire Protection Dlstnct personnel first responder and CPR classes at no charge, along with appropriate medical training. The above mentioned classes shall be held at times mutually agreed upon by the parties hereto. 7.0 EQUIPMENT. 7.1 The Company shall furnish, at its own expense, ambulances and accessory equipment. 7.2 The Company agrees that Jefferson County or any other licensing authority shall have the right to inspect on an annual basis the Company's vehicles used for performance of ambulance service, for the purpose of determining safety standards of the vehicles used and, further, to ensure that the vehicles so used are equipped with that accessory equipment required by the Department of Health, 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 authority shall be deemed as evidence of said annual inspections 7 3 The Company agrees, when operating its ambulance vehicles in an emergency or non-emergency capacity, said vehicles will be driven in a safe and prudent manner, in compliance with all State statutes, City and County ordinances relating to the operation of emergency vehicles. 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 Company Physician Advisor. 8.1 The Company agrees, while operating its ambulance in and around the City and Fire Protection 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. 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 December 27, 1999, 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 in no event shall GED\53027\334160 01 3 this Agreement continue for a period beyond five (5) years from the date of execution hereof. Said Agreement shall be renewed for successive one (1) year periods, as provided herein, subject to review by the Wheat Ridge City Council and the Fire Protection District annually This Agreement may be terminated by the either City Councilor the Fire Protection District, following said review, or pursuant to the provisions of this Agreement. Unless so terminated, this Agreement shall continue in full force and effect In addition, the Company's performance shall be reviewed annually by the Emergency Medical Services (EMS) Board. The parties further agree that the City or Fire Protection District upon a determination that the Company is not performing the agreed upon services in a reasonable manner and/or in a timely fashion, shall give written notice 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 notice thereof, shall give rise to the cancellation of this Agreement. Should such determination of dissatisfaction result from a particular incident, the City or the Fire Protection District will attempt to give oral notice within two (2) business days of the incident giving rise to the dissatisfaction. Upon issuance of a second notice of dissatisfaction, the City or Fire Protection District may, at its option, cancel this Agreement without affording the Company the opportunity to correct the complained of substandard practice. 9.1 Nothing contained herein shall be construed as establishing any obligation on behalf of the City and/or Fire Protection District to make any monetary payment or other subsidy to the Company by virtue of this Agreement 9.2 This Agreement shall remain in full force and effect provided. 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 in such dispute shall be entitled to its reasonable costs, including its attorneys' fees. 10 0 ASSIGNMENT. Except as provided in this Section, the Company may not assign or subcontract, its rights and obligations under this Agreement, without the prior written approval of the City and Fire Protection District. GED"53027"334160 01 4 11.0 POLICY. The Company agrees to be a particlpatin9 member in any review committee which is established by the City or by the Company Physician Advisor. The purposes of this committee shall be to act in an advisory capacity only as to the operational and administrative terms contained within this Agreement This will include review of response times and determination of allowable exemptions as determined by the committee. 12.0 LIABILITY. Notwithstanding any language to the contrary contained in this Agreement, the Company is an independent contractor and is not an employee or agent of the City or Fire Protection District The Company assumes all liability for and agrees to indemnify and hold harmless the City and Fire Protection 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 City or fire Protection 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 13.1 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 minimum of one million dollars ($1,000,000) for anyone claim, three million dollars ($3,000,000) annual aggregate of Professional or General liability and one million dollars ($1,000,000) combined single limit bodily injury and property damage. 13.2 Provided, however, that any language contained in this paragraph 13 to the contrary notwithstanding, the Company agrees that there shall be in effect, regardless of annual aggregate amounts of insurance provided, 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 Protection District a Certificate of Insurance evidencing the minimum amounts of coverage described above, and said policy shall further provide a specific provision relating that, in the event of cancellation of said policy, the City and Fire Protection District shall be notified in writing ten (10) days prior to cancellation The Company agrees to name the City and Fire Protection District as additional insured parties. GED\53027\334160 01 5 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 waive any immunity, defense, or limitation of liability available to either the City or the Fire Protection 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 as of 7:00 a m. on the 27th day of December, 1999. ;. ~LC ..~ - -- .-"...,,:--.-;;':~~t.~ /"" ,,'.';-"...f:)':~:~~h WHEAT RIDGE FIRE PROTECTION DISTRICT CiLPLA TTEST: "'<.~ ".'\ .-<; 1\ .c-~,-;--:, E , /)1 } /JA 1- ._). \,; ".I ~ Y~.J"-_..:(--,,., k.. . , .'4/1......a..-- ~ -.: "preSident Wheat Ridge Fire Protection Dist~lCt J APP fiVf(V~:"- M pt-Uo' " r:~).S {) ( ATTEST: '/frlr;-'" ;,'=--1'{(' '/ltl< 1.\ . GED\53027\334160 01 /' APPROVED AS TO FORM: fILYaJj 11t7~~ 1 ~ ~ City Attorney PRIDEMARK PARAMEDIC SERVICES, L.L.C. ~d Rep;;',en''';ve) 6 EXHIBIT A Rate Schedule GED\53027\334160 02 Pridemark Paramedic Services, LLC City of Wheat Ridge - RFP #99-20 Ambulance Service Confidential Note. Pridemark's average invoice for services in the Denver metro area is currently $589 00 BASE RATES Advanced Life Support (ALS) ALS With Multiple Patients ALS Mileage Basic Life Support (BLS) BLS With Multiple Patients BLS Mileage SUPPLIES (Most Common) IV Supplies Blood Draw Oxygen Supplies Dressing - Major Dressing Minor Splint - Extremity EKG - 12 Lead Intubation MEDICATIONS Average Medication Cost PROCEDURES (Most Common) Blood draw IV Start EKG Monitor Glucometer Intubation Oxygen Administration Infection Control $47000 $352.50 $8 00/ Mile $365 00 $273 75 $8 00/ Mile $10.00 $500 $300 $15.00 $500 $20 00 $20 00 $45 00 $10 10 $25 00 $25.00 $30 00 $1 0 00 $40 00 $35 00 $22.00 Wheat Ridge Ambulance RFP Exhibit A Detailed Usual and Customary Rates I . --1---~~ r --. DE~CRI.rTION ___ _ L _ RA TE_ 1_ DESCR~TION _ __.__ __~T5_ _ __ __ _ _+-_ _ ___ __ _.. __.. _ _.._____,~H- BLS BASE - -~._-_. ~- --,--- BL~M~LE.A.<3~_ _ _ 8 901 rv11~E.. _ _ .J . ____I~ ::::,:: SCENE - :'::::: -T - i- - -- ---- -- r -- +-- - - -- - - COLD/HO!. P.ACK .. 1_,$5 00 _ __ _ ___ __Ion' ~:;~:::~~~OMY _I~~::: _ ~~ ~- DRESSING - MAJOR $15.00 ~-_.- - --.-- --- DRESSING - MINOR $500 -,.._.- -- -.-- - - -- - EKG - 12 LEAD ------- EKG - 4 LEAD KERlIX INTUBATION ------ - --.-- \0 SUPPLIES tl $35.00 I ::;:~~~~~K~:PP - - ~ _ ~;5~:O ~1-- IV DI3IP SUI"F:.L1ES . $1000_ _1_ IV SALINE SUPPLIES $5.00 -_.--- IV BLOOD PUMP -- -~ --~ NEBULIZER SUPPLIES ------_.------ OB PACK -- - ._---' -- OXYGEN SUPPLIES --- --- RESTRAINTS - ----- SPLINT - EXTREMITY SPLINT. SPINAL - ------ SUCTION -T---- ---I - - -- -- --1 - --- --_ _ ----1 .-- $20 00 $500 $300 $10.00 -- ---- \- $60 00 .- I $1500 Confidential Wheat Ridge Ambulance RFP Exhibit A Detailed Usual and Customary Rates MEDICATIONS PROCEDURES - --4-. I Charge Charge -------- . ADENOCARD $3.00 BLOOD DRAW $25 00 $65 00 $600 CELL/BIOPHONE ALBUTEROL AMMONIA AMP $1 00 I CHEST COMPRESSION-CPR ASPI~~ - - - -$1-~~-T--~- CHEST D;COMPR;SSIO-N -~.. --- -_..__._---_._--- ATROPINE_ __ $600 tCRICOTHYROTOMY __ $500() BENADRYL,~. ~._ .. {DEFIB/PACING -t' $35.00 BRETYLlUM TOSl'LA]'E ~ $10.QO _ jEJ<G MONITO~ ~ _ _ _ $3~ DEXTROSE 50% --t Ii - _ :150 Oo,.~ ,J _ ~ ~~~~:,~I:"- _ -j ~1000 ~ . J6.92 --1 ..l10 PR()~EDUi={_~ ~__~ $6 00 IV DRIP SET UP $25 00 $35 00 EPI 1 10000 GLUCOSE - ORAL $4 00 ------ $20 00 INAPSINE $6 00 IV SALINE SET UP $25.00 ~:::~::~: DRI"- ~-- -~63;:0 _1_ J ::S~~DPUMP SET UP f::~ :: - ~:::;::~:L~:FA TE - --$~16() 05:-1-- \~:BDU~~~::;EQI~A !ION -+-;1~:0:O ~OR~HIN;SULFATE -; 00 tl ~ O~~~E~-A;'~INI~T~TI~~I- $35.00 --------- I -;250-; - PULS'E-OXIMETRY -'1 $2000 -- --- -, --;~~OO~ 11- RESTRAI~~~--- n_ 1Y500-- NITRO_ _ - $5 00 ~- ~- b!,L1NT - EXTR;MI~ __ _ 1-$3~~0 SODIUM BICARB $6 00 ! SPLINT - SPINAL $50 00 ::;~:;:_ - {::: 1- :~:~:TION/~TRACT - - :: VAPONEPHRINE $2500 INFECTION/LINENS $22.00 Confidential