Resolution No. 100061
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RESOLUTION NO. 10,006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN INDEPENDENT CONTRACTOR AGREEMENT (AMBULANCE
SERVICES) BY AND BETWEEN THE CITY OF VERNON AND
BOWERS COMPANIES, INC. DOING BUSINESS AS BOWERS
AMBULANCE SERVICES
WHEREAS, on October 2, 2007, the City Council of the City of
Vernon adopted Resolution No. 9434 approving an Independent Contractor
Agreement (Ambulance Services) with Bowers Companies, Inc. dba Bowers
Ambulance Services ("Bowers") to provide ambulance transport and.
paramedic services, including Emergency Ground Ambulance Service,
Basic Life Support and Advanced Life Support ambulance transport
services from October 1, 2007 through August 31, 2008, which
automatically renewed every year thereafter unless terminated by 60
days notice before the renewal date; and
WHEREAS, Bowers submitted a timely notice terminating their
services effective June 19, 2009; and
WHEREAS, on February 9, 2009, the City Council of the City
of Vernon adopted Resolution No. 9860 authorizing the institution of a
paramedic program and authorizing the City Administrator, or his
designee, to take all actions necessary to create the program and
negotiate agreements as necessary to implement the program, subject to
the City Council's approval of the final documents; and
WHEREAS, the City's paramedic program commenced on June 19,
12009; and
WHEREAS, by memo dated June 29, 2009, the Risk Manager has
recommended that the City enter into an Independent Contractor
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Agreement (Ambulance Services) with Bowers to provide ambulance
transport services, including Emergency Ground Ambulance Service to
include exclusive primary Basic Life Support and Advanced Life Support
ambulance transport services in order to supplement the City's
paramedic program; and
WHEREAS, the City Council of the City of Vernon has
determined that, pursuant to the provisions of subsection (a) of
Section 2.27 of the Vernon City Code, it is in the public interest and
necessity to enter into an agreement with Bowers for the ambulance
transport services to enhance services provided to the Vernon
(community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Independent Contractor Agreement (Ambulance Services)
with Bowers, a copy of which is attached hereto as Exhibit A and
incorporated by reference.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for,
and on behalf of, the City of Vernon and the City Clerk, or Deputy
City Clerk, is hereby authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the City Administrator, or his designee, to execute any and
all documents necessary for the purpose of implementing the Agreement
and to take any action deemed necessary to implement and carry out the
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terms and conditions of the Agreement.
SECTION 5: The City Council of the Vernon hereby directs
the City Clerk, or her designee, to transmit one fully executed
Agreement to:
Bowers Ambulance Services
Attention: Paul Scarborough
3355 E. Spring Street, Suite 301
Long Beach, CA 90806-2466
SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 13th day of July, 2009.
ATTEST:
ELA GIROTT, City Clerk
Name: Hillario Gonzales
Title: Mayor /e-3
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 10,006, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, July 13, 2009, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
(S EAL )
ANUELA GIR ,'City Clerk
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EXHIBIT
A
INDEPENDENT CONTRACTOR AGREEMENT
(Ambulance Services)
THIS AGREEMENT is made this 20th day of June, by and between the CITY OF
VERNON, (hereinafter referred to as the "CITY"), and Bowers Companies, Inc. d/b/a
Bowers Ambulance Services, (hereinafter referred to as "CONTRACTOR").
RECITALS
WHEREAS, CITY desires to obtain an exclusive primary CONTRACTOR of
ambulance transport services, including Emergency Ground Ambulance Service ("EAS" )
to include an exclusive primary CONTRACTOR of Basic Life Support ("BLS") and
Advanced Life Support ("ALS") ambulance transport services, and
WHEREAS, CONTRACTOR is qualified by virtue of experience, training, education
and expertise to accomplish such services.
NOW; THEREFORE, CITY and CONTRACTOR mutually agree as follows:
Section 1. CONTRACTOR OBLIGATIONS
Section 1.1 Scope of Work. CONTRACTOR shall perform BLS and ALS emergency
ambulance transportation and other related services as set forth herein below in
accordance with and as required by all applicable laws and by the terms and conditions of
this agreement. The terms BLS and ALS as utilized throughout this Agreement shall be
defined in the California Health and Safety Code and applicable provisions of the
California Code of Regulations, as amended.
CONTRACTOR warrants that all of its services shall be performed in a competent,
professional and satisfactory manner and in accordance with. the prevalent standard of its
professionalism.
Section 1.2 Ambulance Services. CONTRACTOR shall provide ambulance service
using the CONTRACTOR's ALS or BLS ambulances to all places within the CITY's
boundaries. CONTRACTOR shall respond promptly on all EMS ("Emergency Medical
Services") calls received by the dispatcher. Both driver and attendant shall be trained in
accordance with state and local regulations and shall be certified by the County of Los
Angeles. Both shall hold a current valid ambulance driver's certificate issued by the
State of California.
Contractor will respond a BLS unit in conjunction with the CITY's ALS Paramedic
unit. Contractor will provide all ambulance transportation services. Should additional
ALS resources be required to respond in the CITY, CONTRACTOR will make a best
effort attempt to respond an ALS unit at the request of the CITY.
following limited circumstances:
a. High Call Volume: Responses to calls for service during periods of unusual
system overload or high call volume, which shall be determined at the sole discretion of
the City;
b. Disasters: Responses to calls for service during a City declared disaster which
occur during a declared disaster in a neighboring jurisdiction, which has requested
emergency ambulance transportation or other mutual aid assistance from the City. For
purposes of this Section, a "declared disaster" means any condition of disaster as declared
or affirmed by the City, the Fire Chief, or his designee;
c. Multiple Ambulance Response: For responses to calls for service where more
than one ambulance is dispatched to the same incident, only the response time of the
ambulance first to respond will be required to meet the required response time
requirements;
d. Response Up/Downgrade: For Code 3 calls where the response priority code is
downgraded to Code 2 by the fire department while the ambulance is en route to the
scene, the response time standard for that call shall be recorded as a Code 2 call. If the
response priority code is upgraded from Code 2 to Code 3 by the fire department while
the ambulance is en route to the scene, the response time standard for that call shall be
recorded as the number of minutes for a Code 3 call plus the number of minutes already
elapsed, not to exceed the original total minutes for a Code 2 call;
e. Return of fire department personnel:.In the event that an ambulance is delayed in
responding to a call for service, or is hindered from providing a timely response, due to
the need to comply with the requirement that it return all fire department personnel to
their respective fire stations, as described herein, the response time requirement for that
call will be suspended. This exemption will only apply for a call for service dispatch that
occurs while the ambulance is waiting for or actually returning fire department personnel.
It shall be the Contractor's responsibility to document such circumstances, including the
length of time and the affected call(s) for service. Contractor must apply for a specific
exemption as provided below. Calls for service dispatches that occur after the ambulance
has returned fire department personnel and while returning to any ambulance post
location are not eligible for this exemption.
f. Procedures to Request Response Time: Exemption Applications for receiving an
exemption to the response time requirements must be submitted by Contractor to the City for
approval. Such requests must accompany the Monthly Response Time Report for the period
in which the exemption is requested. Requests for exemptions outside of the current quarterly
reporting period will not be considered. Each request for exemption must include the
following information: (a) the incident date; (b) a narrative summary of the incident; (c)
explanation for the cause of the response time delay; and (d) the specific exemption
requested. The decision to either grant or deny a response time exemption request will be
made by the City within thirty (30) days; the decision to deny may be appealed to the Vernon
Fire Chief or his designee, whose decision shall be final.
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g. Failure to Meet Response Time Requirements/ Performance Deficiency Meet and
Confer: Should Contractor fail to meet the response time requirements set forth in this section
in any monthly period, either for any single Code category or for the cumulative total of
Code 2 and Code 3 calls as outlined, the City Fire Chief or his designee shall notify the
Contractor and meet and confer with said Contractor regarding performance and response
time deficiencies. The purpose of this meeting is to notify the Contractor of its deficiencies
and to work with the Contractor to ensure proper response time performance in the
immediate future.
h. At such times when all CONTRACTOR ambulances are unavailable,
CONTRACTOR agrees to arrange for additional backup from other ambulance
companies, including the use of mutual aid agreements. However, CITY, at its own
discretion, can utilize alternate providers if CONTRACTOR is unable meet an ETA
expectation.
i. CONTRACTOR will provide BLS Ambulance and Paramedic Ambulance
staffing levels trained in accordance with state and local regulation and shall be approved
by the County of Los Angeles to provide BLS and ALS level services. CONTRACTOR
employees will wear uniforms clearly identifying such persons as employees of
CONTRACTOR.
Section 1.3 Contractor's Specialized Equipment. CONTRACTOR shall equip each
ambulance as required by the California Highway Patrol, County of Los Angeles
Department of Health Services, and other applicable regulatory bodies. This equipment
shall be similar to supplies typically found on ALS and paramedic units, as required by
the California Highway Patrol, the Department of Health Services, County of Los
Angeles, and other applicable regulatory bodies.
Section 1.3.a CONTRACTOR shall possess, maintain, and provide such equipment,
facilities and supplies, and shall hire, train and provide such personnel as are necessary to
respond on a 24-hour basis to requests by the Emergency Dispatch Center for Emergency
Medical Transportation Services as set forth in this Agreement.
Section 1.3.b Licenses and Law. CONTRACTOR shall, throughout the term of this
Agreement, maintain all necessary licenses; permits; approvals; waivers; and exemptions
necessary for the provision of the services herein and required by the laws and
regulations of the United States, the State of California, the County of Los Angeles, and
all other governmental agencies. CONTRACTOR shall notify CITY immediately and in
writing of its inability to obtain or maintain any of the aforementioned.
Section 1.4 Standby Responses to Incidents. CONTRACTOR shall respond on all Fire
Department Structure Fires in the CITY and on request to all Police Department incidents
in the CITY. CONTRACTOR, at the request of the CITY, will respond on similar alarms
and incidents outside the CITY involving CITY Fire or Police Department officers.
(a) CONTRACTOR shall provide BLS or ALS standby at all such major events or
incidents.
Cl
(b) CITY shall provide necessary manpower needed to assist in cases of extrication,
heart attack, crowd control, and disasters as deemed necessary by CITY'S Fire Chief.
Section 1.5 Telephone Line. CONTRACTOR shall maintain a direct telephone line from
its office to the Fire Department dispatcher in order to provide an efficient and prompt
response.
Section 1.6 Reports. CONTRACTOR agrees to be responsible for the filing,
accumulation, assimilation and preparation of all required reports.
Section 1.7 Continuing Education. CONTRACTOR agrees to maintain or make
provision for a continuing education program for all CONTRACTOR employed
paramedics as required by the Department of Health Services, County of Los Angeles.
CONTRACTOR shall participate in assisting paramedic operations, including drills, as
deemed necessary by the Fire Chief or his designee.
Section 1.8 All response personnel shall have in their possession, at all times when on
duty, applicable licenses, certifications or permits required for their specific job function
as outlined in the requirements of the agencies and codes listed above.
Section 1.9 The Fire Chief or his designee may, at any time, request to inspect the
licenses, certifications, or permits of the response personnel for verifying validity and
compliance with applicable provisions of the agencies and codes as outlined above.
Section 1.10 CONTRACTOR shall be responsible to ensure that none of their personnel
are in possession of or under the influence of any alcohol, drugs, medications, or any
other chemical substance, the use of which may impair performance.
Section 1.11 CONTRACTOR shall have in place a chemical dependency awareness
program and a critical incident plan to deal with personnel demonstrating signs and/or
symptoms of chemical dependency, emotional instability, or physical injury.
Section 1.12 CONTRACTOR shall make available to the Fire Chief or his designee,
upon request, the training records of all personnel responding to emergencies within the
city and shall maintain a list of all personnel names and copies of their applicable licenses
and certificates.
Section 2. CITY OBLIGATIONS.
Section 2.1 Scope of Patient Billing Services. CONTRACTOR shall provide the patient
billing services.
Section 22 No Compensation to Contractor from City. CONTRACTOR will not be
compensated by the City for its Services under this Agreement. Subject to the terms and
conditions of this Agreement, Contractor will be compensated solely by billing patients,
residents and non-residents, for ambulance -related services provided by Contractor in the
City according to the Ground Emergency Ambulance Service Rates established by the
Los Angeles County Board of Supervisors
(a) CONTRACTOR is responsible for billing and collecting from either patients or
third -party payers for providing ambulance transportation services in the CITY.
CONTRACTOR is entitled to all reimbursements obtained from patients or third -party
payers.
(b) CITY authorizes CONTRACTOR to invoice patients for ALS level services and
transports as allowed by Medicare, Medical and other 3rd party payors when the CITY
provides an ALS assessment or its Paramedics are involved in an ALS transport utilizing
CONTRACTOR as the contracted ambulance provider
Section 2.3 CITY'S Dispatcher. CITY shall utilize its dispatcher for gathering necessary
medical and location information and will promptly dispatch CITY's paramedic vehicle
and, if needed, CONTRACTOR's ambulance to the scene of medical emergencies, when
the need for such services is determined. CONTRACTOR shall, in each instance of an
authorized call, transport the injured party to the nearest available appropriate hospital or
emergency medical facility approved under the Los Angeles County Emergency Aid
Program; provided that nothing herein shall preclude the patient from specifying a
different hospital or other destination.
Section 3. TERM AND TERM RENEWAL
This initial term of this Agreement shall be one year, commencing on June 19, 2009
and ending on July 1, 2010. Thereafter, this Agreement shall renew automatically for
subsequent one-year terms unless terminated by either party with at least sixty (60) days
notice before the renewal date, with or without cause.
Either party may terminate. the agreement without cause by giving sixty days (60)
written notice.
Section 4. IMPLEMENTATION
The following matters shall be implemented by CITY and by the CONTRACTOR:
The Fire Department Officer or Acting Officer in charge of a Station shall
be in charge of BLS or ALS service. Whenever CONTRACTOR
personnel are dispatched to emergency incidents where Fire Department
units are working, the personnel shall come under the command of the
Fire Officer in charge of the incident. It is understood that such command
does not extend to medical treatment of patient(s).
Section 5. PARTIES' RELATIONSHIP
The relationship under this Agreement, between CONTRACTOR and CITY'S Fire
Department shall be that of guest and host, respectively. CONTRACTOR personnel shall
be subordinate to the Fire Station Commander on all matters relating to the station
maintenance, internal security, training and drills.
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RESPONSE TIMES
1. General Requirements Contractors must respond to the CITY's requests for
emergency ambulance transportation service within the response times set forth in this
Section. Response times will be calculated as the actual elapsed time in minutes from the
moment the request is received by the Contractor's dispatch center to the time that the
Contractor's first ambulance arrives on scene. Where multiple ambulances are dispatched
to the same emergency scene, only the response time of the ambulance arriving first will
be counted for purposes of calculating the response time.
2. Response Time Measurement Response times are measured in full minutes,
rounded upward. For purposes of measuring compliance and for the imposition of any
penalties, any partial minute will be rounded to the next full minute. For example, a
response time of 10.01 or 11:00 is counted as eleven minutes.
3. Response Times Required Contractor will utilize "best efforts" to meet the
following required response times at a quarterly compliance rate of ninety percent (90%)
in each Code 2 and Code 3 categories, which shall be reported separately:
Metro/Urban Requirements:
a.Code 3- Response time shall not exceed twelve (12) minutes, zero (0) seconds.
b.Code 2- Response time shall not exceed eighteen (18) minutes, zero (0) seconds.
4. Response Time Reporting Contractor must provide monthly response time reports
to the City ("Monthly Response Time Reports"). If the Monthly Response Time Reports
are not submitted to the City as prescribed herein two (2) or more times in a single 12-
month period, such omissions may constitute breach of contract.
5. Call Cancellation In the event a call for service is cancelled prior to arrival, the
response will be considered to be within the response time requirement so long as the
elapsed time between the call for service and the cancellation does not exceed the
applicable response time requirement. In the event the elapsed time between the call for
service and the cancellation is in excess of the applicable response time requirement, the
call will be considered late.
6. Monthly Response Time Report - Format The Monthly Response Time Reports
must be submitted by Contractor using an electronic spreadsheet format. Whenever
response times in either Code 2 or Code 3 categories fall below the 90% compliance rate
in any given quarter, Contractor shall include a narrative assessment as to the cause of
any response delay, and, if requested, shall meet and confer with the Fire Chief or
designee for purposes of establishing a plan for avoiding such delay in the future.
7. Exemptions to Response Time Requirements The response time requirements
set forth in this Section may be suspended and not enforced, at the sole discretion of the
City, in unusual circumstances. There shall be no exemption for response delays due to
vehicle mechanical problems, driver error, traffic, weather, or mistake. The response time
requirements set forth in this Section will be suspended and not enforced under the
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It is agreed that CONTRACTOR shall act and be an independent contractor and not
an agent or employee of CITY, and shall obtain no rights to any benefits which accrue to
CITY's employees.
Section 6. LIMITATION UPON SUBCONTRACTING AND
ASSIGNMENTS
The experience, knowledge, capability and reputation of CONTRACTOR, its
principals and employees were a substantial inducement for CITY to enter into this
Agreement. CONTRACTOR shall not contract with any other entity to perform the
services required without written approval of CITY, except for back-up or mutual aid
agreements. This Agreement may not be assigned, voluntarily or by operation of the law,
without the prior written approval of CITY. If CONTRACTOR is permitted to
subcontract any part of the Agreement by CITY, CONTRACTOR shall be responsible to
CITY for acts and omissions of its subcontractors as it is for persons directly employed.
Nothing contained in this Agreement shall create any contractual relationships between
any subcontractor and CITY. All persons engaged in the work will be considered
employees of CONTRACTOR.
Section 7. CHANGES IN SCOPE OF WORK
In the event of a change in the Scope of Work provided for in the contract documents
as requested by CITY, the Parties hereto shall execute an addendum to this Agreement
setting forth with particularity all terms of the new Agreement, including but not limited
to any additional CONTRACTOR's fees.
Section 8. FAMILIARITY WITH WORK
By executing this Agreement, CONTRACTOR warrants that: (1) it has investigated
the work to be performed and City territory to be served; and (2) it understands the
facilities, difficulties and restrictions of the work under this Agreement.
Section 9. TIME OF ESSENCE
Time is of the essence in the performance of this Agreement.
Section 10. COMPLIANCE WITH LAWS
CONTRACTOR shall comply. with all applicable laws, ordinance, codes and
regulations of federal, state and local government, including, but not limited to, the
Health Insurance Portability and Accountability Act ("HIPAA").
Section 11. CONFLICTS OF INTEREST
CONTRACTOR covenants that it presently has no interest, direct or indirect, which
would conflict in any manner or degree with the performance of the services
contemplated by this Agreement. No person having interest shall be employed by or
associated with CONTRACTOR.
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Section 12. INDEMNITY
CONTRACTOR agrees to protect, defend and hold harmless CITY, its elected and
appointed officials and employees from any and all claims, abilities, expenses or damages
of any nature, including attorneys' fees, for injury or death of any person or damage to
property or interference with use of property and for errors and omissions committed by
CONTRACTOR arising out of or in connection with the work, operation or activities of
CONTRACTOR in carrying out its obligations under this Agreement. CONTRACTOR
does not agree to indemnify the CITY for the CITY' S own active negligence:
Section 13. INSURANCE
CONTRACTOR shall furnish and maintain the policies of insurance and proof of
insurance subject to approval of the City's Risk Management Department.
Section 14. DISPUTES BETWEEN CONTRACTOR AND CITY
Either party hereto may give the other party written notice of any dispute with respect
to this Agreement. Such notice shall specify a date and location for a meeting of the
parties hereto, at which such parties shall attempt to resolve such dispute. CITY's Fire
Chief shall cause a record to be kept of the proceedings conducted and information
presented during such meeting. In the event that such dispute cannot be resolved by the
parties within thirty (30) days, the dispute may be referred by either party to the City
Administrator. The decision of the City Administrator shall be final.
Section 15. TERMINATION
This Agreement may be terminated for cause based upon a material breach of this
Agreement. The party proposing termination based upon breach shall serve a written notice
allowing the breaching party at least thirty (30) days to cure the breach. If the breach is not
cured on the part of the CONTRACTOR, the City Administrator of the CITY, or his/her
designee, may terminate this Agreement, unless. the breaching party is diligently pursuing the
cure and the cure cannot be rectified within thirty -day period set forth above. The City
Administrator's decision shall be final and binding on behalf of CITY. Notwithstanding the
above, CITY shall have the right to unilaterally terminate this Agreement on five (5) days
written notice if CONTRACTOR is in violation of any regulation or ordinance that renders
them unable to operate in the State of California.
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Section 16. NOTICES
All notices shall be personally delivered or mailed to the below listed address, or to
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such other addresses as may be designated by written notice. These addresses shall be used
for delivery or service of process:
To City: Fire Chief
City of Vernon
4305 S. Santa Fe Avenue
Vernon, California 90058
To Contractor: Paul Scarborough
Bowers Ambulance Service
3355 E. Spring Street, Suite 301
Long Beach, CA 90806-2466
Section 17. ATTORNEY'S FEES
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he/she may be entitled.
Section 18. JUDICIAL RESOLUTION OF BREACH OF CONTRACT
The parties agree that any and all disputes arising out of or in relation to this
Agreement, including without limitation any action in tort, shall be resolved exclusively,
finally and conclusively under the auspices of and pursuant to the rules of the Judicial
Arbitration and Mediation Services, Inc. (JAMS). All decisions of the arbitrator shall be in
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W
it Oab.L&
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
July 16, 2009
Bowers Ambulance Services
ATTN: Paul Scarborough
3355 E. Spring Street, Suite 301
Long Beach, CA 90806-2466
Re: Ambulance Service Contract
Dear Mr. Scarborough:
The insurance requirements have been met. Transmitted herewith is a fully executed agreement,
as referenced above, approved by City Council on July 13, 2009, through Resolution No. 10,006.
If you have any questions regarding this matter, please call Mr. Mark Whitworth at 323/583-
8811 ext. 280.
Very truly yours,
elly G
City Clerk
NG:dj
c: Mark Whitworth
Purchasing Department
Resolution No. 10,006
Agreement File No. 09-096
Excfusivefy Industriaf
INDEPENDENT CONTRACTOR AGREEMENT
(Ambulance Services)
THIS AGREEMENT is made this 20th day of June, by and between the CITY OF
VERNON, (hereinafter referred to as the "CITY"), and Bowers Companies, Inc. d/b/a
Bowers Ambulance Services, (hereinafter referred to as "CONTRACTOR").
RECITALS
WHEREAS, CITY desires to obtain an exclusive primary CONTRACTOR of
ambulance transport services, including Emergency Ground Ambulance Service ("EAS")
to include an exclusive primary CONTRACTOR of Basic Life Support ("BLS") and
Advanced Life Support ("ALS") ambulance transport services, and
WHEREAS, CONTRACTOR is qualified by virtue of experience, training, education
and expertise to accomplish such services.
NOW; THEREFORE, CITY and CONTRACTOR mutually agree as follows:
Section 1. CONTRACTOR OBLIGATIONS
Section 1.1 Scope of Work. CONTRACTOR shall perform BLS and ALS emergency
ambulance transportation and other related services as set forth herein below in
accordance with and as required by all applicable laws and by the terms and conditions of
this agreement. The terms BLS and ALS as utilized throughout this Agreement shall be
defined in the California Health and Safety Code and applicable provisions of the
California Code of Regulations, as amended.
CONTRACTOR warrants that all of its services shall be performed in a competent,
professional and satisfactory manner and in accordance with the prevalent standard of its
professionalism.
Section 1.2 Ambulance Services. CONTRACTOR shall provide ambulance service
using the CONTRACTOR's ALS or BLS ambulances to all places within the CITY's
boundaries. CONTRACTOR shall respond promptly on all EMS ("Emergency Medical
Services") calls received by the dispatcher. Both driver and attendant shall be trained in
accordance with state and local regulations and shall be certified by the County of Los
Angeles. Both shall hold a current valid ambulance driver's certificate issued by the
State of California.
Contractor will respond a BLS unit in conjunction with the CITY's ALS Paramedic
unit. Contractor will provide all ambulance transportation services. Should additional
ALS resources be required to respond in the CITY, CONTRACTOR will make a best
effort attempt to respond an ALS unit at the request of the CITY.
RESPONSE TIMES
1. General Requirements Contractors must respond to the CITY's requests for
emergency ambulance transportation service within the response times set forth in this
Section. Response times will be calculated as the actual elapsed time in minutes from the
moment the request is received by the Contractor's dispatch center to the time that the
Contractor's first ambulance arrives on scene. Where multiple ambulances are dispatched
to the same emergency scene, only the response time of the ambulance arriving first will
be counted for purposes of calculating the response time.
2. Response Time Measurement Response times are measured in full minutes,
rounded upward. For purposes of measuring compliance and for the imposition of any
penalties, any partial minute will be rounded to the next full minute. For example, a
response time of 10.01 or 11:00 is counted as eleven minutes.
3. Response Times Required Contractor will utilize "best efforts" to meet the
following required response times at a quarterly compliance rate of ninety percent (90% o)
in each Code 2 and Code 3 categories, which shall be reported separately:
Metro/Urban Requirements:
a. Code 3- Response time shall not exceed twelve (12) minutes, zero (0) seconds.
b.Code 2- Response time shall not exceed eighteen (18) minutes, zero (0) seconds.
4. Response Time Reporting Contractor must provide monthly response time reports
to the City ("Monthly Response Time Reports"). If the Monthly Response Time Reports
are not submitted to the City as prescribed herein two (2) or more times in a single 12-
month period, such omissions may constitute breach of contract..
5. Call Cancellation In the event a call for service is cancelled prior to arrival, the
response will be considered to be within the response time requirement so long as the
elapsed time between the call for service and the cancellation does not exceed the
applicable response time requirement. In the event the elapsed time between the call for
service and the cancellation is in excess of the applicable response time requirement, the
call will be considered late.
6. Monthly Response Time Report - Format The Monthly Response Time Reports
must be submitted by Contractor using an electronic spreadsheet format. Whenever
response times in either Code 2 or Code 3 categories fall below the 90% compliance rate
in any given quarter, Contractor shall include a narrative assessment as to the cause of
any response delay, and, if requested, shall meet and confer with the Fire Chief or
designee for purposes of establishing a plan for avoiding such delay in the future.
7. Exemptions to Response Time Requirements The response time requirements
set forth in this Section may be suspended and not enforced, at the sole discretion of the
City, in unusual circumstances. There shall be no exemption for response delays due to
vehicle mechanical problems, driver error, traffic, weather, or mistake. The response time
requirements set forth in this Section will be suspended and not enforced under the
2
following limited circumstances:
a. High Call Volume: Responses to calls for service during periods of unusual
system overload or high call volume, which shall be determined at the sole discretion of
the City;
b. Disasters: Responses to calls for service during a City declared disaster which
occur during a declared disaster in a neighboring jurisdiction, which has requested
emergency ambulance transportation or other mutual aid assistance from the City. For
purposes of this Section, a "declared disaster" means any condition of disaster as declared
or affirmed by the City, the Fire Chief, or his designee;
c. Multiple Ambulance Response: For responses to calls for service where more
than one ambulance is dispatched to the same incident, only the response time of the
ambulance first to respond will be required to meet the required response time
requirements;
d. Response Up/Downgrade: For Code 3 calls where the response priority code is
downgraded to Code 2 by the fire department while the ambulance is en route to the
scene, the response time standard for that call shall be recorded as a Code 2 call. If the
response priority code is upgraded from Code 2 to Code 3 by the fire department while
the ambulance is en route to the scene, the response time standard for that call shall be
recorded as the number of minutes for a Code 3 call plus the number of minutes already
elapsed, not to exceed the original total minutes for a Code 2 call;
e. Return of fire department personnel: In the event that an ambulance is delayed in
responding to a call for service, or is hindered from providing a timely response, due to
the need to comply with the requirement that it return all fire department personnel to
their respective fire stations, as described herein, the response time requirement for that
call will be suspended. This exemption will only apply for a call for service dispatch that
occurs while the ambulance is waiting for or actually returning fire department personnel.
It shall be the Contractor's responsibility to document such circumstances, including the
length of time and the affected call(s) for service. Contractor must apply for a. specific
exemption as provided below. Calls for service dispatches that occur after the ambulance
has returned fire department personnel and while returning to any ambulance post
location are not eligible for this exemption.
f. Procedures to Request Response Time: Exemption Applications for receiving an
exemption to the response time requirements must be submitted by Contractor to the City for
approval. Such requests must accompany the Monthly Response Time Report for the period
in which the exemption is requested. Requests for exemptions outside of the current quarterly
reporting period will not be considered. Each request for exemption must include the
following information: (a) the incident date; (b) a narrative summary of the incident; (c)
explanation for the cause of the response time delay; and (d) the specific exemption
requested. The decision to either grant or deny a response time exemption request will be
made by the City within thirty (30) days; the decision to deny may be appealed to the Vernon
Fire Chief or his designee, whose decision shall be final.
g. Failure to Meet Response Time Requirements/ Performance Deficiency Meet and
Confer: Should Contractor fail to meet the response time requirements set forth in this section
in any monthly period, either for any single Code category or for the cumulative total of
Code 2 and Code 3 calls as outlined, the City Fire Chief or his designee shall notify the
Contractor and meet and confer with said Contractor regarding performance and response
time deficiencies. The, purpose of this meeting is to notify the Contractor of its deficiencies
and to work with the Contractor to ensure proper response time performance in the
immediate future.
h. At such times when all CONTRACTOR ambulances are unavailable,
CONTRACTOR agrees to arrange for additional backup from other ambulance
companies, including the use of mutual aid agreements. However, CITY, at its own
discretion, can utilize alternate providers if CONTRACTOR is unable meet an ETA
expectation.
i. CONTRACTOR will provide BLS Ambulance and Paramedic Ambulance
staffing levels trained in accordance with state and local regulation and shall be approved
by the County of Los Angeles to provide BLS and ALS level services. CONTRACTOR
employees will wear uniforms clearly identifying such persons as employees of
CONTRACTOR.
Section 1.3 Contractor's Specialized Equipment. CONTRACTOR shall equip each
ambulance as required by the California Highway Patrol, County of Los Angeles
Department of Health Services, and other applicable regulatory bodies. This equipment
shall be similar to supplies typically found on ALS and paramedic units, as required by
the California Highway Patrol, the Department of Health Services, County of Los
Angeles, and other applicable regulatory bodies.
Section 1.3.a CONTRACTOR shall possess, maintain, and provide such equipment,
facilities and supplies, and shall hire, train and provide such personnel as are necessary to
respond on a 24-hour basis to requests by the Emergency Dispatch Center for Emergency
Medical Transportation Services as set forth in this Agreement.
Section 1.3.b Licenses and Law. CONTRACTOR shall, throughout the term of this
Agreement, maintain all necessary licenses; permits; approvals; waivers; and exemptions
necessary for the provision of the services herein and required by the laws and
regulations of the United States, the State of California, the County of Los Angeles, and
all other governmental agencies. CONTRACTOR shall notify CITY immediately and in
writing of its inability to obtain or maintain any of the aforementioned.
Section 1.4 Standby Responses to Incidents. CONTRACTOR shall respond on all Fire
Department Structure Fires in the CITY and on request to all Police Department incidents
in the CITY. CONTRACTOR, at the request of the CITY, will respond on similar alarms
and incidents outside the CITY involving CITY Fire or Police Department officers.
(a) CONTRACTOR shall provide BLS or ALS standby at all such major events or
incidents.
M
(b) CITY shall provide necessary manpower needed to assist in cases of extrication,
heart attack, crowd control, and disasters as deemed necessary by CITY'S Fire Chief.
Section 1.5 Telephone Line. CONTRACTOR shall maintain a direct telephone line from
its office to the Fire Department dispatcher in order to provide an efficient and prompt
response.
Section 1.6 Reports. CONTRACTOR agrees to be responsible for the filing,
accumulation, assimilation and preparation of all required reports.
Section 1.7 Continuing Education. CONTRACTOR agrees to maintain or make
provision for a continuing education program for all CONTRACTOR employed
paramedics as required by the Department of Health Services, County of Los Angeles.
CONTRACTOR shall participate in assisting paramedic operations, including drills, as
deemed necessary by the Fire Chief or his designee.
Section 1.8 All response personnel shall have in their possession, at all times when on
duty, applicable licenses, certifications or permits required for their specific job function
as outlined in the requirements of the agencies and codes listed above.
Section 1.9 The Fire Chief or his designee may, at any time, request to inspect the
licenses, certifications, or permits of the response personnel for verifying validity and
compliance with applicable provisions of the agencies and codes as outlined above.
Section 1.10 CONTRACTOR shall be responsible to ensure that none of their personnel
are in possession of or under the influence of any alcohol, drugs, medications, or any
other chemical substance, the use of which may impair performance.
Section 1.11 CONTRACTOR shall have in place a chemical dependency awareness
program and a critical incident plan to deal with personnel demonstrating signs and/or
symptoms of chemical dependency, emotional instability, or physical injury.
Section 1.12 CONTRACTOR shall make available to the Fire Chief or his designee,
upon request, the training records of all personnel responding to emergencies within the
city and shall maintain a list of all personnel names and copies of their applicable licenses
and certificates.
Section 2. CITY OBLIGATIONS.
Section 2.1 Scope of Patient Billing Services. CONTRACTOR shall provide the patient
billing services.
Section 2.2 No Compensation to Contractor from City. CONTRACTOR will not be
compensated by the City for its Services under this Agreement. Subject to the terms and
conditions of this Agreement, Contractor will be compensated solely by billing patients,
residents and non-residents, for ambulance -related services provided by Contractor in the
City according to the Ground Emergency Ambulance Service Rates established by the
Los Angeles County Board of Supervisors
(a) CONTRACTOR is responsible for billing and collecting from either patients or
third -party payers for providing ambulance transportation services in the CITY.
CONTRACTOR is entitled to all reimbursements obtained from patients or third -party
payers.
(b) CITY authorizes CONTRACTOR to invoice patients for ALS level services and
transports as allowed by Medicare, Medical and other 3rd party payors when the CITY
provides an ALS assessment or its Paramedics are involved in an ALS transport utilizing
CONTRACTOR as the contracted ambulance provider
Section 2.3 CITY'S Dispatcher. CITY shall utilize its dispatcher For gathering necessary
medical and location information and will promptly dispatch CITY's paramedic vehicle
and, if needed, CONTRACTOR's ambulance to the scene of medical emergencies, when
the need for such services is determined. CONTRACTOR shall, in each instance of an
authorized call, transport the injured party to the nearest available appropriate hospital or
emergency medical facility approved under the Los Angeles County Emergency Aid
Program; provided that nothing herein shall preclude the patient from specifying a
different hospital or other destination.
Section 3. TERM AND TERM RENEWAL
This initial term of this Agreement shall be one year, commencing on June 19, 2009
and ending on July 1, 2010. Thereafter, this Agreement shall renew automatically for
subsequent one-year terms unless terminated by either party. with at least sixty (60) days
notice before the renewal date, with or without cause.
Either party may terminate the agreement without cause by giving sixty days (60)
written notice.
Section 4. IMPLEMENTATION
The following matters shall be implemented by CITY and by the CONTRACTOR:
The Fire Department Officer or Acting Officer in charge of a Station shall
be in charge of BLS or ALS service. Whenever CONTRACTOR
personnel are dispatched to emergency incidents where Fire Department
units are working, the personnel shall come under the command of the
Fire Officer in charge of the incident. It is understood that such command
does not extend to medical treatment. of patient(s).
Section 5. PARTIES' RELATIONSHIP
The relationship under this Agreement, between CONTRACTOR and CITY'S Fire
Department shall be that of guest and host, respectively. CONTRACTOR personnel shall
be subordinate to the Fire Station Commander on all matters relating to the station
maintenance, internal security, training and drills.
G9
It is agreed that CONTRACTOR shall act and be an independent contractor and not
an agent or employee of CITY, and shall obtain no rights to any benefits which accrue to
CITY's employees.
Section 6. LIMITATION UPON SUBCONTRACTING AND
ASSIGNMENTS
The experience, knowledge, capability and reputation of CONTRACTOR, its
principals and employees were a substantial inducement for CITY to enter into this
Agreement. CONTRACTOR shall not contract with any other entity to perform the
services required without written approval of CITY, except for back-up or mutual aid
agreements. This Agreement may not be assigned, voluntarily or by operation of the law,
without the prior written approval of CITY. If CONTRACTOR is permitted to
subcontract any part of the Agreement by CITY, CONTRACTOR shall be responsible to
CITY for acts and omissions of its subcontractors as it is for persons directly employed.
Nothing contained in this Agreement shall create any contractual relationships between
any subcontractor and CITY. All persons engaged in the work will be considered
employees of CONTRACTOR.
Section 7. CHANGES IN SCOPE OF WORK
In the event of a change in the Scope of Work provided for in the contract documents
as requested by CITY, the Parties hereto shall execute an addendum to this Agreement
setting forth with particularity all terms of the new Agreement, including but not limited
to any additional CONTRACTOR's fees.
Section 8. FAMILIARITY WITH WORK
By executing this Agreement, CONTRACTOR warrants that: (1) it has investigated
the work to be performed and City territory to be served; and (2) it understands the
facilities, difficulties and restrictions of the work under this Agreement.
Section 9. TIME OF ESSENCE
Time is of the essence in the performance of this Agreement.
Section 1,0. COMPLIANCE WITH LAWS
CONTRACTOR shall comply with all applicable laws, ordinance, codes and
regulations of federal, state and local government, including, but not limited to, the
Health Insurance Portability and Accountability Act ("HIPAA").
Section 11. CONFLICTS OF INTEREST
CONTRACTOR covenants that it presently has no interest, direct or indirect, which
would conflict in any manner or degree with the performance of the services
contemplated by this Agreement. No person having interest shall be employed by or
associated with CONTRACTOR.
7
Section 12. INDEMNITY
CONTRACTOR agrees to protect, defend and hold harmless CITY, its elected and
appointed officials and employees from any and all claims, abilities, expenses or damages
of any nature, including attorneys' fees, for injury or death of any person or damage to
property or interference with use of property and for errors and omissions committed by
CONTRACTOR arising out of or in connection with the work, operation or activities of
CONTRACTOR in carrying out its obligations under this Agreement. CONTRACTOR
does not agree to indemnify the CITY for the CITY' S own active negligence.
Section 13. INSURANCE
CONTRACTOR shall furnish and maintain the policies of insurance and proof of
insurance subject to approval of the City's Risk Management Department.
Section 14. DISPUTES BETWEEN CONTRACTOR AND CITY
Either party hereto may give the other party written notice of any dispute with respect
to this Agreement. Such notice shall specify a date and location for a meeting of the
parties hereto, at which such parties shall attempt to resolve such dispute. CITY's Fire
Chief shall cause a record to be kept of the proceedings conducted and information
presented during such meeting. In the event that such dispute cannot be resolved by the
parties within thirty (30) days, the dispute may be referred by either party to the City
Administrator. The decision of the City Administrator shall be final.
Section 15. TERMINATION
This Agreement may be terminated for cause based upon a material breach of this
Agreement. The party proposing termination based upon breach shall serve a written notice
allowing the breaching party at least thirty (30) days to cure the breach. If the breach is not
cured on the part of the CONTRACTOR, the City Administrator of the CITY, or his/her
designee, may terminate this Agreement, unless the breaching party is diligently pursuing the
cure and the cure cannot be rectified within thirty -day period set forth above. The City
Administrator's decision shall be final and binding on behalf of CITY. Notwithstanding the
above, CITY shall have the right to unilaterally terminate this Agreement on five (5) days
written notice if CONTRACTOR is in violation of any regulation or ordinance that renders
them unable to operate in the State of California.
Section 16. NOTICES
All notices shall be personally delivered or mailed to the below listed address, or to
such other addresses as may be designated by written notice. These addresses shall be used
for delivery or service of process:
To City: Fire Chief
City of Vernon
4305 S. Santa Fe Avenue
Vernon, California 90058
To Contractor: Paul Scarborough
Bowers Ambulance Service
3355 E. Spring Street, Suite 301
Long Beach, CA 90806-2466
Section 17. ATTORNEY'S FEES
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he/she may be entitled.
Section 18. JUDICIAL RESOLUTION OF BREACH OF CONTRACT
The parties agree that any and all disputes arising out of or in relation to this
Agreement, including without limitation any action in tort, shall be resolved exclusively,
finally and conclusively under the auspices of and pursuant to the rules of the Judicial
Arbitration and Mediation Services, Inc. (JAMS). All decisions of the arbitrator shall be in
E
writing, and the arbitrator shall provide a written;, reasoned decision. The arbitration decision
shall be final and binding on the parties. Notwithstanding the foregoing, the parties shall be
permitted to access the court system to enforce any arbitration award or to obtain injunctive'
relief The exclusive. jurisdiction and venue for any such action shall'be the Superior Court of
California, Los Angeles County. Any and all contracts between CONTRACTOR and any
subcontractor shall include the same arbitration clause.
Section 19. ENTIRE AGREEMENT'
This Agreement constitutes the entire understanding and agreement between the
parties, and supersedes all previous negotiations between them pertaining to the subject -
matter thereof.
IN WITNESS WHEREOF, the parties hereto have; ecuted is greement.
%. A
Hilario Gonzales BriatersAmbulance
tes, President
Mayor For Services
Date Date
Attest:
Manuela Girori Ray Iskander,, COO
City Clerk Bowers Ambulance Services
Date 10 Date
9 APPROYEA AS TO FORM:
Jef n
C tt ey
Date
JUL 0 2 2009
CITY CLERK'S OFFICE
APPROVED JUL 1 � O?SIWUNGIL
Gs�VELY IN�J�,t
STAFF REPORT
Risk Management
DA: June 29, 2009
TO: Honorable Mayor and City Council
FR: Willard G. Yamaguchi, Risk Manager
RE: Bowers Ambulance Services''
The City of Vernon commenced its Paramedic program on June 19, 2009. In order to
supplement the program and assure an adequate level of Basic Life Support and Advanced Life
Support ambulance transport services, the Fire Department has secured Bowers Ambulance
Services to provide said transportation.
This relationship will not have financial impact on City resources, as Bowers will rely solely on
revenues derived from individual insurance companies and/or private parties for compensation.
Recommendation
I recommend that the Council enter into the contract with Bowers Ambulance Services.
cc: Donal O'Callaghan
Avigal Horrow
RECEI�TEI�
JUN 3 0 2009
BY: LAJ/-
Inter Office Memorandum
Risk Management
Date: June 29, 2009
To: Donal O'Callaghan, City Administrator
From: Willard G. Yamaguchi, Risk Manager
Subject: Bowers Ambulance Services
The City of Vernon commenced its Paramedic program on June 19, 2009. In order to
supplement the program and assure an adequate level of Basic Life Support and Advanced Life
Supportambulance transport services, the Fire Department has secured Bowers Ambulance
Services to provide said transportation.
This relationship will not have financial impact on City resources, as Bowers will rely solely on
revenues derived from individual insurance companies and/or private parties for compensation.
Recommendation
I recommend that the Council enter into the contract with Bowers Ambulance Services.
cc: Avigal Horrow
C EI'�Ri-
JUN 3 0 2009
BY:
Page 1 of 1
Juarez, Debbie
From: Barcia, Ana
Sent: Monday, July 13, 2009 8:10 AM
To: Juarez, Debbie
Subject: RE: Bowers Ambulance Services - Resolution No. 10,006 - to be approved 07/13/09 Insurance
inquiry
Good Morning Debbie,
Yes, Bowers has current insurance on file.
Have a good day,
Ana Barcia
City of Vernon
Risk Management Department
T: 323) 583-8811 ex 286
F: 323) 826-1439
abarcia@ei.vernon.ca.us
From: Juarez, Debbie
Sent: Monday, July 13, 2009 8:05 AM
To: Barcia, Ana
Subject: Bowers Ambulance Services - Resolution No. 10,006 - to be approved 07/13/09 Insurance inquiry
Good morning, Ana. Please let me know if Bowers has insurance on file. Thank you.
1Defiorah Juarez
W§cords 5IanagementAssistant
City of Vernon - City Cferk's Office
4305Santa TeAvenue
Vernon, CA 90058
(323) 583-8811
7/13/2009