Resolution No. 2010-122RESOLUTION NO. 2010 122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN EMERGENCY GROUND AMBULANCE TRANSPORT SERVICES
AGREEMENT WITH BOWERS COMPANIES, INC. DOING
BUSINESS AS BOWERS AMBULANCE SERVICES
WHEREAS, on July 13, 2009, the City Council of the City of
Vernon adopted Resolution No. 10,006 approving an Independent
Contractor Agreement (Ambulance Services) with Bowers Companies, Inc.
doing business as 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 ("Prior Agreement"); and
WHEREAS, by memo dated August 4, 2010, the Risk Manager has
recommended that the City enter an Emergency Ground Ambulance
Transport Services Agreement with Bowers to provide exclusive
emergency ground ambulance transport services, including basic life
support and advanced life support ambulance transport services within
the City's boundaries in order to supplement the City's paramedic
program (the "Agreement"); and
WHEREAS, the City Council of the City of Vernon has
determined that, pursuant to,the provisions of Subsection (b)(1) 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 toenhanceservices 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 Agreement, a copy of which is attached hereto as.
Exhibit A
SECTION 3: The City Council of the City of Vernon hereby
terminates the Prior Agreement, which shall have no further force or
effect and is hereby superseded by the Agreement.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute the Agreement for,
and on behalf of, the City of Vernon'and the City Clerk is hereby
authorized to attest thereto.
SECTION 5: The City Council of the City of Vernon hereby
authorizes the.City Administrator, or his designee, to take whatever
actions are deemed necessary or desirable for the purpose of
implementing and carrying out the purposes of this Resolution and the
transactionshereinapproved or authorized.
SECTION 6: The City Council of the City of Vernon hereby
directs the City Clerk, or the City Clerk's designee, to send this
Resolution and one fully executed Agreement to
Bowers Ambulance Services
Attn: Paul Scarborough
3355 E. Spring Street, Suite 301
Long Beach, CA 90806-2466
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SECTION 7: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk'scertification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 16th day of August, 2010.
Name: Hilari.o Gonzales
Title: Mayor
7ATT ST:
w
i lard-G. a ag c i, City Clerk
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2010-122, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Monday, August 16, 2010, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this 0 day of August, 2010, at Vernon, California.'
w
illard a agkgi, City Clerk
0
EXHIBIT A
AGREEMENT BETWEEN THE CITY OF VERNON
AND BOWERS AMBULANCE SERVICES
FOR EMERGENCY GROUND AMBULANCE TRANSPORT SERVICES
COVER PAGE
Contractor;
Bowers AmbulanceServices
Responsible Principal of Contractor:
Paul Scarborough, Vice President
Notice Information -.Contractor:
Bowers Ambulance Services
3355 E. Spring Street, Suite 301
Long Beach, CA 90806-2466
Attention: Paul Scarborough
Phone: 562-988-6486
Facsimile: 562-363-0112
Notice Information - City:
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Mark Whitworth,
Interim City Administrator
Telephone: (323) 583-8811 ext. 280
Facsimile: (323) 826-1408
Commencement Date:
June20, 2010
Termination Date:
June 19, 2011, unless extended pursuant to
Section 1
Records Retention Period
Three (3) years
12720-0001\1226935v1
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON
AND BOWERS AMBULANCE SERVICES FOR EMERGENCY
GROUND AMBULANCE TRANSPORT SERVICES
THIS AGREEMENT is made and entered into as of , 2010 ("Effective
Date") by and between the City of Vernon, a California charter City and California municipal
corporation ("City"), and Bowers Companies, Inc. d/b/a Bowers Ambulance Services, a
California corporation ("Contractor"). City and Contractor are collectively referred to herein as
the "Parties."
RECITALS
A. City requires a contractor to provide exclusive emergency ground ambulance
transport services, including basic life support ('BLS") and advance life support ("ALS")
ambulance transport services, within City's boundaries as more fully set forth in the Scope of
Services, attached hereto and incorporated herein as Exhibit A.
B. Contractor represents it is qualified and capable of furnishing the labor, vehicles,
materials, and expertise necessary to perform such services in accordance with the terms and
conditions set forth in this Agreement.
NOW, THEREFORE, the Parties agree as follows:
Section 1. Term and Time of Performance. This Agreement shall commence upon the
Commencement Date listed on the Cover Page, and shall remain and continue in effect through
the Termination Date listed on the Cover Page, unless sooner terminated pursuant to the
provisions of this Agreement. City may renew this Agreement on a year-to-year basis at its
discretion.
Section 2. Performance.
(a) Contractor shall perform the services and tasks described and set forth in the
Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed upon in
writing signed by both Parties prior to performance of those additional services.
(b) Contractor shall at all times faithfully, competently and to the best of its ability,
experience, and talent, perform all Services under this Agreement in accordance with the
standard of care and skill ordinarily exercised by members of the profession currently practicing
in the same locality under similar circumstances and in a manner reasonably satisfactory to
City.
(c) Contractor shall keep itself informed of all local, state, and federal
ordinances, laws and regulations which in any manner affect those employed by it or in any way
affect the performance of its Services pursuant to this Agreement. Contractor shall at all times
observe and comply with all such ordinances, laws and regulations, including, but not limited to,
the Health Insurance Portability and Accountability Act ("HIPAA" ). City, and its officers, officials,
employees, agents or volunteers shall not be liable at law or in equity occasioned by failure of
Contractor to comply with this paragraph.
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Section 3. Compensation.
(a) Contractor shall not be compensated by City for the Services performed
under this Agreement. Contractor shall be compensated solely by directly billing patients and
third -party payors for the Services provided by Contractor within City's boundaries in
accordance with the Rate Schedule for Ambulances as set forth in Chapter 7.16 of Title 7 of the
Los Angeles County Code.
(b) Contractor shall be responsible for billing and collecting payments for the
Services provided under this Agreement from patients and third -party payors and shall be
entitled to all such payments. Contractor's billing and collection practices shall be in
accordance with California and federal law. City shall not be responsible for non-payment of
invoices by individuals or other responsible parties to whom the Services have been rendered
by Contractor under this Agreement.
Section 4. Responsible Principals.
(a) Contractor's Responsible Principal set forth on the Cover Page shall be
principally responsible for Contractor's obligations under this Agreement and shall serve as
principal liaison between City and Contractor. Designation of another Responsible Principal by
Contractor shall not be made without prior written consent of City.
(b) City's Responsible Principal shall be the City Administrator or his designee
who shall administer the terms of the Agreement on behalf of City.
Section 5. Personnel.
(a) All persons performing the Services under this Agreement shall have all the
necessary technical expertise, permits, professional licenses, certificates, training, and other
qualifications required by this Agreement or other applicable laws. Contractor shall provide City
with said permits, licenses, and certificates at the request of City. Persons performing the
Services under this Agreement shall have in their possession, at all times when on duty,
applicable licenses, certifications or permits required for their specific job function and as
required by this Agreement or other applicable laws.
(b) Contractor represents that it has, or shall secure at its own expense, all
personnel required to perform Contractor's Services under this Agreement. All personnel
engaged in the work shall be qualified to perform such Services.
_ (c) Contractor shall ensure that none of its 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 of the Services required under this Agreement.
(d) 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.
(e) Contractor shall make available to City's Responsible Principal or his
designee, upon request, the training records of all personnel performing the Services under this
Agreement and shall maintain a list of the names of all personnel and copies of their applicable
licenses and certificates.
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Section 6. Permits and Licenses. Contractor shall obtain and maintain during the
Agreement term all necessary licenses, permits and certificates required by law for the provision
of the Services under this Agreement, including a business license.
Section 7. Access. Contractor shall comply with all reasonable access and other
restrictions that City may impose. No access to City property for performance of the Services
shall be permitted prior to delivery to City of proof of insurance paid and maintained by
Contractor.
Section 8. Contractor's Duties and Representations.
Contractor represents, covenants and agrees as follows:
(a) There are no obligations, commitments, or impediments of any kind that will
limit or prevent performance of the Services.
(b) Contractor presently has no interest and shall not have any interest, direct or
indirect, which would conflict in any manner with the performance of the Services contemplated
by this Agreement. No person having any such interest shall be employed by or be associated
with Contractor.
(c) There is no litigation pending against Contractor and Contractor is not the
subject of any criminal investigation .or proceeding, and neither Contractor nor its personnel, to
its actual knowledge, have been convicted of a felony.
Section 9. Independent Contractor.
(a) Contractor is and shall at all times remain, as to City, a wholly independent
contractor. The personnel performing the Services under this Agreement on behalf of Contractor
shall at all times be under Contractor's exclusive direction and control. Neither City nor any of
its officers, officials, employees, agents, or volunteers shall have control over the conduct of
Contractor or any of Contractor's officers, employees, or agents except as set forth in this
Agreement. Contractor shall not at any time or in any manner represent that it or any of its
officers, employees, or agents are in any manner officers, officials, employees, agents, or
volunteers of City. Contractor shall not incur or have the power to incur any debt, obligation or
liability whatsoever against City, or bind City in any manner.
(b) No employee benefits shall be available to Contractor or its officers,
employees, or agents in connection with the performance of this Agreement. Except for
Consideration paid to Contractor as provided in the Agreement, City shall not pay salaries,
wages, or other compensation to Contractor for performing services hereunder for the City. City
shall not be liable for compensation or indemnification to Contractor or its officers, employees,
or agents for injury or sickness arising out of performing services hereunder.
Section 10. Termination.
(a) Termination Right. City may, at any time, for any reason or for no reason,
with or without cause, terminate this Agreement, by serving upon the Contractor at least thirty
(30) calendar days prior written notice. Upon receipt of such notice, Contractor shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
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(b) Actions Subsequent to Termination. In the event of termination of this
Agreement, Contractor shall deliver all Confidential Information, as defined in Section 13 below,
to City within thirty (30) days after the termination of this Agreement. Contractor shall also take
all such other action as City reasonably requires and shall cooperate with City to effectuate an
orderly and systematic termination of Contractor's duties and activities hereunder.
(c) All of the terms and conditions in the Agreement related to confidentiality,
indemnification, dispute resolution and waiver shall survive termination of this Agreement
Section 11. Records and Inspections: Contractor shall maintain full and accurate
records with respect to all matters covered under this Agreement for the Records Retention
Period set forth on the Cover Page. City shall have access, without charge, during normal
business hours to such records, and the right to examine and audit the same and to make
copies and transcripts therefrom, and to inspect all program data, documents, proceedings and
activities.
Section 12. Default. Contractor's failure to comply with the provisions of this
Agreement shall constitute a default. In the event that Contractor is in default under the terms
of this Agreement, City can terminate this Agreement immediately by written notice to
Contractor.
Section 13. Indemnification. Contractor agrees to defend, indemnify, protect and hold
harmless City, its officers, officials, employees, agents, .and volunteers from and against any
and all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties,
fines, defensive costs or expenses, including without limitation, interest, attorneys' fees and
expert witness fees, or liability of any kind or nature arising out of'or attributable to the acts or
omissions of Contractor, or Contractor's officers, employees, or agents which in any way arise
out of, result from, or are in any way related to the performance or non-performance of this
Agreement, excepting only liability arising out of the sole negligence or willful misconduct of
City, its officers, officials, employees, agents, or volunteers.
THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER
TERMINATION OF THIS AGREEMENT.
Section 14. ;Insurance.
(a) Contractor shall at all times during the term of this Agreement carry, maintain,
and keep in full force and effect, a policy or policies of Comprehensive General Liability
Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence,
combined single limit, against any personal injury, death, loss or damage resulting from the
wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents.
(b) Contractor shall at all times during the term of this Agreement carry, maintain,
and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability
insurance covering personal injury and property damage, with minimum limits of One Million
Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by
Contractor in performing the services required by this Agreement.
(c) Contractor agrees to maintain in force at all times during the performance of
Work under this Agreement workers compensation as required by law.
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(d) Contractor shall require each of its sub -consultants or sub -contractors to
maintain insurance coverage that meets all of the requirements of this Agreement.
(e) The policy or policies required by this Agreement shall be issued by an
insurer admitted in the State of California and with a rating of at least a B+; Vll in the latest
edition of Best's Insurance Guide.
(f) Contractor agrees that if it does not keep the aforesaid insurance in full force
and effect City may either immediately terminate this Agreement or, if insurance is available at a
reasonable cost, City may take out the necessary insurance and pay, at Contractor's expense,
the premium thereon.
(g) At all times during the term of this Agreement, Contractor shall maintain on
file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City
Attorney and Risk Manager, showing that the aforesaid policies are in effect in the required
amounts. Contractor shall, prior to commencement of work under this Agreement, file with the
Risk Manager, such certificate or certificates. The policies of insurance required by this
Agreement shall contain an endorsement naming the City as additional insured. All of the
policies required under this Agreement shall contain an endorsement providing that the policies
cannot be canceled or reduced except on thirty (30) days prior written notice to City, and
specifically stating that the coverage contained in the policies affords insurance pursuant to the
terms and conditions as set forth in this Agreement.
(h) The insurance provided by Contractor shall be primary to any coverage
available to City, and any insurance or self-insurance maintained by City, its officers,
employees, agents, or volunteers shall be excess of Contractor's insurance and shall not
contribute with it. The policies of insurance required by this Agreement shall include provisions
for waiver of subrogation. Contractor hereby waives all rights of subrogation against City.
(i) Any deductibles or self -insured retentions must be declared to and approved
by City. At the option of City, Contractor shall either reduce or eliminate the deductibles or self -
insured retentions with respect to City, or Contractor shall procure a bond guaranteeing
payment of losses and expenses.
Section 15. Assignment and Subcontracting. 'Contractor shall not assign or attempt to
assign any portion of this Agreement, or subcontract any required performance hereunder,
without the prior written approval of City. Any assignment or subcontract made in violation of
this section is invalid and void.
Section 16. Arbitration and Venue. Any dispute, claim or controversy arising out of or
relating to this Agreement or the breach, termination, enforcement, interpretation or validity
thereof, including the determination of the scope or applicability of this Agreement to arbitrate,
shall be determined by arbitration in Los Angeles, California, before three arbitrators. The
arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and
Procedures. All decisions of the arbitrators shall be in writing, and the arbitrators shall provide
written reasons for their decision. The arbitration decision shall be final and binding on the
Parties. Judgment on the award may be entered in any court having jurisdiction pursuant to this
Agreement. This clause shall not preclude Parties from seeking provisional remedies in aid of
arbitration from a court having jurisdiction pursuant to this Agreement. The exclusive jurisdiction
and venue under this Agreement shall be the Superior Court of California, Los Angeles County.
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Section 17. Attorneys Fees. In the event a dispute, claim or litigation arises regarding
this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys
fees and actual costs, which may be set by the arbitrators or the court in the same action or in a
separate action brought for that purpose, in addition to any other- relief which is obtained. -
Section;l8. Governing Law. This Agreement shall be interpreted and enforced
according to, and the Parties rights and obligations governed by, the domestic law of the State
of California, without regard to its laws regarding choice of applicable law.
Section 19. Entire Agreement and Modifications. This Agreement, including
attachments incorporated herein by reference, represents the entire agreement and
understanding between City, and any negotiation, proposals or oral agreements are intended to
be integrated herein and to be superseded by this Agreement. This Agreement may only be
modified by a writing signed by both Parties.
Section 20. Waiver. The waiver by either party of a breach or default by the other
party shall not be deemed a waiver of any different or later breach whether of the same or other
covenant or condition; nor shall any delay or omission by either party to exercise any right it
may have hereunder operate as a waiver of any breach or default of such a right. The failure of
either party to this Agreement to exercise any of its rights under this Agreement does not
constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of
any subsequent breach. No waiver, benefit, privilege, or service voluntarily given or performed
by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
Section 21. Force Maieure. Neither party shall be considered in default of any of its
obligations under this Agreement when a failure of performance shall be due to an
uncontrollable force. The term "uncontrollable force shall mean flood, earthquake, storm, fire,
lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal
action, statute, ordinance, or regulation, embargoes of the United States Government or any
other government, which by exercise of due diligence such party could not reasonably have
been expected to avoid and by exercise of due diligence has been unable to overcome. Either
party rendered unable to fulfill any of its obligations under this Agreement by reason of an
uncontrollable force shall give written notice within five (5) business days of such fact to the
other party and shall exercise due diligence to remove such inability with all reasonable
dispatch.
Section 22. City Not Obligated to Third Parties. City shall not be obligated or liable
under this Agreement to any party other than Contractor.
Section 23. Notices. All notices, approvals, consents and other communications
between the Parties shall be in writing, and shall be sent by certified mail (return receipt
requested) or other delivery service which provides evidence of delivery, using the address set
forth on the Cover Page under "Notice Information - City" or "Notice Information Vendor," as
appropriate, or at such other address as may be furnished by either party to the other in writing.
Mailed notices will be deemed communicated as of the day of receipt.
Section 24. Cover Page and Exhibits,. The Cover Page and all documents referenced
as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any
material discrepancy between the express provisions of this Agreement and the provisions of
any document incorporated herein by reference, the provisions of this Agreement shall prevail.
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Section 25. Headings. Headings used in this Agreement are for convenient reference
only and shall not affect the interpretation of the Agreement.
Section 26. Survival of Terms. All of the terms and conditions in this Agreement
related to confidentiality, indemnification, dispute resolution and waiver shall survive termination
of this Agreement.
Section 27. Severability. Whenever possible; each provision of this Agreement shall
be interpreted in such a manner as to be valid under applicable law. If any provision of this
Agreement is determined by a court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and
shall in no way be affected, impaired or invalidated.
Section 28. Authority To Execute This Agreement. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority
to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to
the performance of its obligations under this Agreement.
[Signatures Begin on Next Page].
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IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated
in the introductory clause.
City of Vernon, a California charter City
Bowers Companies, Inc. d/b/a Bowers
and California municipal corporation
Ambulance Services, a California corporation .
By:
By
HILARIO GONZALES
Name:
Mayor
Title:
ATTEST:
By:
Name:
WILLARD G. YAMAGUCHI, City Clerk
Title:
APPROVED AS TO FORM:
LAURENCE S. WIENER, City Attorney
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EXHIBIT A
SCOPE OF SERVICES
CONTRACTOR shall perform BLS and ALS emergency ambulance transportation and other
related services in accordance with the terms and provisions of this Agreement. The terms BLS
and ALS, as. utilized throughout this Agreement, shall be defined as those terms are defined in
the California Health and Safety Code and applicable provisions of the California Code of
Regulations, as amended.
A. Dispatch Services
City shall utilize its dispatcher for gathering medical and location information necessary for
Contractor's provision of Services under this Agreement. City shall forward all such information
to Contractor's dispatch center.
B. 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 Contractor's dispatcher.
Contractor shall not transport any sick, injured, convalescent, infirm; or otherwise incapacitated
person unless an ambulance driver and an ambulance attendant are present in the ambulance
used to transport such person. Every ambulance driver and ambulance attendant shall be
licensed and certified in accordance with the requirements of Section 7.16.140 of Title 7 of the
Los Angeles County Code or any successor provision thereto.
Contractor shall provide BLS ambulance and paramedic personnel trained in accordance with
state and local regulation and approved by the County of Los Angeles. Contractor's employees
shall wear uniforms clearly identifying such persons as employees of Contractor.
Contractor shall respond a BLS unit in conjunction with City's ALS paramedic unit. Contractor
shall provide all ambulance transportation services required by City.
C. Response Times
(1) General Requirements. Contractor shall respond to City's requests for
emergency ambulance transportation services within the response times set forth
herein. Response times shall be calculated as the actual elapsed time in
minutes from the moment the request is received by Contractor's dispatch center
to the time that Contractor's first ambulance arrives on the scene of the medical
emergency. Where multiple ambulances are dispatched to the same medical
emergency scene, only the response time of the ambulance arriving first shall be
counted for purposes of calculating the response time.
(2) Response Time Measurement. Response times shall be measured in full
minutes, rounded upward. For purposes of measuring compliance and for the
imposition of any penalties, any partial minute shall be rounded to the next full
minute. For example, a response time of 10.01 or 11:00 is counted as eleven (11)
minutes.
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(3) Response Time Required. Contractor shall utilize. its 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:
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 shall provide monthly response time
reports to City ("Response Reports"). If the Response Reports are not submitted
to City as prescribed herein two (2) or more times in a single 12-month period,
the failure to submit such Response Reports constitutes a breach of this
Agreement unless performance is otherwise excused pursuant to this
Agreement.
The Response Reports shall be submitted by Contractor using an electronic
spreadsheet format. Code 2 and Code 3 categories shall be reported separately.
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 by City, shall meet and confer with
the City's Responsible Principal or his designee for purposes of establishing aplan for
avoiding such delay in the future.
(5) Call Cancellation. In -the event a call for service is cancelled prior to the arrival of
Contractor's ambulance, the response shall 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
shall be considered late.
(6) Exemptions to Response Time Requirements. The response time requirements
set forth herein may be suspended and not enforced, at the sole and absolute
discretion of the City, in certain unusual circumstances as determined by the
City. There shall be no exemption for response delays due to vehicle mechanical
problems, driver error, traffic, weather, or mistake.
In addition to exemptions approved by the City under unusual circumstances as
provided above, the response time requirements set forth herein shall be suspended and
shall not be enforced under the following limited circumstances:
(a) High Call Volume: Responses to calls for service during periods of unusual
system overload or high call volume, which City shall determine at its sole and
absolute discretion;
(b) Disasters: Responses to calls for service during a City -declared disaster or
responses to calls for service in a neighboring jurisdiction of the City that has
declared its own disaster and has requested mutual aid assistance from the City.
For purposes of this section, a "City -declared disaster" means any condition of
disaster as declared or affirmed by the City;
(c) Multiple Ambulance Response: For responses to calls for service where more
than one ambulance is dispatched to the same medical emergency incident, only
the response time of the ambulance first to respond shall be required to meet the
response time requirements;
(d) Response Up/Downgrade: For Code 3 calls where the response priority code is
downgraded to Code 2 by the Vernon Fire Department while the ambulance is en
route to the scene of the medical emergency, 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 Vernon Fire Department while the ambulance is en
route to the scene of the medical emergency, 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
Code 2 call:
(e) Return of Vernon 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 Vernon
Fire Department personnel to their respective fire stations, the response time
requirement for that call shall be suspended. This exemption shall only apply for
a call for service dispatch that occurs while the ambulance is waiting for or
actually returning Vernon Fire Department personnel to their respective fire
stations. It shall be 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.
(7) Procedure to Request Exemptions from Response Time Requirements.
Applications for receiving an exemption to the response time requirements shall
be submitted by Contractor to the City for approval. Such requests must
accompany the Response Report for the period in which the exemption is
requested. Requests for exemptions outside of the current quarterly reporting
period shall 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 requirement exemption application shall be made by the City's Responsible
Principal or his designee, whose decision shall be final, within thirty (30). days of
receiving the application.
(8) Failure to Meet Response Time Requirements. Should Contractor fail to meet
the response time requirements set forth herein in any thirty -day (30-day) period,
either for any single Code category or for the cumulative total of Code 2 and
Code 3 calls as outlined in the Response Report, the City's Responsible Principal
or his designee may request that Contractor meet and confer regarding
performance and response time deficiencies. The purpose of this meeting shall
be to notify Contractor of its deficiencies and to work with the Contractor to
ensure proper response time performance in the immediate future.
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(9) At such times when all of Contractor's ambulances are unavailable, Contractor
shall arrange for additional back-up from other ambulance companies, including
the use of mutual aid agreements. However, City, at its sole and absolute
discretion, may utilize alternate providers if Contractor is unable to meet an
estimated time of arrival expectation.
D. Specialized Equipment
Contractor shall equip each ambulance as required by the California Highway Patrol, the County
of Los Angeles Department of Health Services, and other applicable regulatory bodies. Such
equipment shall be similar to supplies typically found on ALS and paramedic units, as required
by the California Highway Patrol, the County of Los Angeles Department of Health Services,
and other applicable regulatory bodies.
Contractor shall possess, maintain, and provide such equipment, facilities and supplies, and
shall hire, train and provide sufficient personnel as are necessary to respond on a 24-hour basis
to requests by the City's dispatcher for emergency medical transportation services as set forth
in this Agreement.
E. Standby Responses to Incidents
Contractor shall respond to all Vernon Fire Department structure fires within City's boundaries
and all Vernon Police Department incidents within City's boundaries at the City's request. At
the City's request, Contractor shall also respond to similar incidents outside City's boundaries to
which Vernon Fire Department or Police Department personnel respond.
Contractor shall provide BLS or ALS standby ambulance transport services at all such,incidents.
F. Telephone Line
Contractor shall maintain a direct ringdown telephone line from its dispatch center to the City's
dispatcher in order to provide an efficient and prompt response.
G. Reports
Contractor shall be responsible for the filing, accumulation, assimilation and preparation of all
reports required under -the Agreement.
H. Continuina Education
Contractor agrees to maintain or make provision for a continuing education program for all of
Contractor's ambulance drivers and ambulance attendants as required by the County of Los
Angeles Department of Health Services. Contractor shall participate in assisting paramedic
operations, including drills, as deemed necessary by the City's Responsible Principal or his
designee.
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OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
August 31, 2010
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 August 16, 2010, through Resolution No.
2010-122.
If you have any questions regarding this matter, please call Mr. Mark Whitworth at 323/583-
8811 ext. 280.
Ve truly yours,
I ' LARD G. YA A U H
City Clerk
WGY:dj
c: Mark Whitworth
Purchasing Department
Risk Management
Resolution No. 2010-122
Agreement File No. 10-062
E Ccfusivefy Industrial
AGREEMENT BETWEEN THE CITY OF VERNON
AND BOWERS AMBULANCE SERVICES
FOR EMERGENCY GROUND AMBULANCE TRANSPORT SERVICES
COVER PAGE
Contractor: Bowers Ambulance Services
Responsible Principal of Contractor: Paul Scarborough, Vice President
Notice Information Contractor: Bowers Ambulance Services
3355 E. Spring Street, Suite 301
Long Beach, CA 90806-2466
Attention: Paul Scarborough
Phone: 562-988-6486
Facsimile: 562-363-0112
Notice Information - City: City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Mark Whitworth,
Interim City Administrator
Telephone: (323) 583-8811 ext. 280
Facsimile: (323) 826-1408
Commencement Date: June 20, 2010
Termination Date: June 19, 2011, unless extended pursuant to
Section 1
Records Retention Period Three (3) years
1.2720-0001\1226935v1
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON
AND BOWERS AMBULANCE SERVICES FOR EMERGENCY
GROUND AMBULANCE TRANSPORT SERVICES
THIS AGREEMENT is made and entered into as of August 16 , 2010 ("Effective
Date"), by and between the City of Vernon, a California charter City and California municipal
corporation ("City"), and Bowers Companies, Inc. d/b/a Bowers Ambulance Services, a
California corporation ("Contractor"). City and Contractor are collectively referred to herein as
the "Parties."
RECITALS
A. City requires a contractor to provide exclusive emergency ground ambulance
transport services, including basic life support ("BLS") and advance life support ("ALS")
ambulance transport services, within City's boundaries as more fully set forth in the Scope of
Services, attached hereto and incorporated herein as Exhibit A.
B. Contractor represents it is qualified and capable of furnishing the labor, vehicles,
materials, and expertise necessary to perform such services in accordance with the terms and
conditions set forth in this Agreement.
NOW, THEREFORE, the Parties agree as follows:
Section 1. Term and Time of Performance. This Agreement shall commence upon the
Commencement Date listed on the Cover Page, and shall remain and continue in effect through
the Termination Date listed on the Cover Page, unless sooner terminated pursuant to the
provisions of this Agreement. City may renew this Agreement on a year-to-year basis at its
discretion.
Section 2. Performance.
(a) Contractor shall perform the services and tasks described and set forth in the
Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed upon in
writing signed by both Parties prior to performance of those additional services.
(b) Contractor shall at all times faithfully, competently and to the best of its ability,
experience, and talent, perform all Services under this Agreement in accordance with the
standard of care and skill ordinarily exercised by members of the profession currently practicing
in the same locality under similar circumstances and in a manner reasonably satisfactory to
City.
(c) Contractor shall keep itself informed of all local, state, and federal
ordinances, laws and regulations which in any manner affect those employed by it or in any way
affect the performance of its Services pursuant to this Agreement. Contractor shall at all times
observe and comply with all such ordinances, laws and regulations, including, but not limited to,
the Health Insurance Portability and Accountability Act ("HIPAA" ). City, and its officers, officials,
employees, agents or volunteers shall not be liable at law or in equity occasioned by failure of
Contractor to comply with this paragraph.
IN
Section 3. Compensation.
(a) Contractor shall not be compensated by City for the Services performed
under this Agreement. Contractor shall be compensated solely by directly billing patients and
third -party payors for the Services provided by Contractor within City's boundaries in
accordance with the Rate Schedule for Ambulances as set forth in Chapter.7.16 of Title 7 of the
Los Angeles County Code.
(b) Contractor shall be responsible for billing and collecting payments for the
Services provided under this Agreement from patients and third -party payors and shall be
entitled to all such payments. Contractor's billing and collection practices shall be in
accordance with California and federal law. City shall not be responsible for non-payment of
invoices by individuals or other responsible parties to whom the Services have been rendered
by Contractor under this Agreement.
Section 4. Responsible Principals..
(a) Contractor's Responsible Principal set forth on the Cover Page shall be
principally responsible for Contractor's obligations under this Agreement and shall serve as
principal liaison between City and Contractor. Designation of another Responsible Principal by
Contractor shall not be made without prior written consent of City.
(b) City's Responsible Principal shall be the City Administrator or his designee
who shall administer the terms of the Agreement on behalf of City.
Section 5. Personnel.
(a) All persons performing the Services under this Agreement shall have all the
necessary technical expertise, permits, professional licenses, certificates, training, and other
qualifications required by this Agreement or other applicable laws. Contractor shall provide City
with said permits, licenses, and certificates at the request of City. Persons performing the
Services under this Agreement shall have in their possession, at all times when on duty,
applicable licenses, certifications or permits required for their specific job function and as
required by this Agreement or other applicable laws.
(b) Contractor represents that it has, or shall secure at its own expense, all
personnel required to perform Contractor',s Services under this Agreement. All personnel
engaged in the work shall be qualified to perform such Services.
(c) Contractor shall ensure that none of its 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 of the Services required under this Agreement.
(d) 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.
(e) Contractor shall make available to City's Responsible Principal or his
designee, upon request, the training records of all personnel performing the Services under this
Agreement and shall maintain a list of the names of all personnel and copies of their applicable
licenses and certificates.
3
Section 6. Permits and Licenses. Contractor shall obtain and maintain during the
Agreement term all necessary licenses, permits and certificates required by law for the provision
of the Services under this Agreement; including a business license.
Section 7. Access. Contractor shall comply with all reasonable access and other
restrictions that City may impose. No access to City property for performance of the Services
shall be permitted prior to delivery to City of proof of insurance paid and maintained by
Contractor.
Section 8. Contractor's Duties and Representations.
Contractor represents, covenants and agrees as follows:
(a) There are no obligations, commitments, or impediments of any kind that will
limit or prevent performance of the Services.
(b) Contractor presently has no interest and shall not have any interest, direct or
indirect, which would conflict in any manner with the performance of the Services contemplated
by this Agreement. No person having any such interest shall be employed by or be associated
with Contractor.
(c) There is no litigation pending against Contractor and Contractor is not the
subject of any criminal investigation or proceeding, and neither Contractor nor its personnel, to
its actual knowledge, have been convicted of a felony.
Section 9. Independent Contractor.
(a) Contractor is and shall at all times remain, as to City, a wholly independent
contractor. The personnel performing the Services under this Agreement on behalf of Contractor
shall at all times be under Contractor's exclusive direction and control. Neither City nor any of
its officers, officials, employees, agents, or volunteers shall have control over the conduct of
Contractor or any of Contractor's officers, employees, or agents except as set forth in this
Agreement. Contractor shall not at any time or in any manner represent that it or any of its
officers, employees, or agents are in any manner officers, officials, employees, agents, or
volunteers of City. Contractor shall not incur or have the power to incur any debt, obligation or
liability whatsoever against City, or bind City in any manner.
(b) No employee benefits shall be available to Contractor or its officers,
employees, or agents'in connection with the performance of this Agreement. Except for
Consideration paid to Contractor as provided in the Agreement, City shall not pay salaries,
wages, or other compensation to Contractor for performing services hereunder for the City. City
shall not be liable for compensation or indemnification to Contractor or its officers, employees,
or agents for injury or sickness arising out of performing services hereunder.
Section 10. Termination.
(a) Termination Right. City may, at -any time, for any reason or for no reason,
with or without cause, terminate this Agreement, by serving upon the Contractor at least thirty
(30) calendar days prior written notice. Upon receipt of such notice, Contractor shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
0
(b) Actions Subsequent to Termination. In the event of termination of this
Agreement, Contractor shall deliver all Confidential Information, as defined in Section 13 below,
to City within thirty (30) days after the termination of this Agreement. Contractor shall also take
all such other action as City reasonably requires and shall cooperate with City to effectuate an
orderly and systematic termination of Contractor's duties and activities hereunder.
(c) All of the terms and conditions in the Agreement related to confidentiality,
indemnification, dispute resolution and waiver shall survive termination of this Agreement
Section 11. Records and Inspections. Contractor shall maintain full and accurate
records with respect to all matters covered under this Agreement for the Records Retention
Period set forth on the Cover Page. City shall have access, without charge, during normal
business hours to such records, and the right to examine and audit the same and to make
copies and transcripts therefrom, and to inspect all program data, documents, proceedings and
activities.
Section 12. Default. Contractor's failure to comply with the provisions of this
Agreement shall constitute a default. In the event that Contractor is in default under the terms
of this Agreement, City can terminate this Agreement immediately by written notice to
Contractor.
Section 13. Indemnification. Contractor agrees to defend, indemnify, protect and hold
harmless City, its officers, officials, employees, agents, and volunteers from and against any
and all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties,
fines, defensive costs or expenses, including without limitation, interest, attorneys' fees and
expert witness fees, or liability of any kind or nature arising out of or attributable to the acts or
omissions of Contractor, or Contractor's officers, employees, or agents which in any way arise
out of, result from, or are in any way related to the performance or non-performance of this
Agreement, excepting only liability arising out of the sole negligence or willful misconduct of
City, its officers, officials, employees, agents, or volunteers.
THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER
TERMINATION OF THIS AGREEMENT.
Section 14. Insurance.
(a) Contractor shall at all times during the term of this Agreement carry, maintain,
and keep in full force and effect, a policy or policies of Comprehensive General Liability
Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence,
combined single limit, against any personal injury, death, loss or damage resulting from the
wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents.
(b) Contractor shall at all times during the term of this Agreement carry, maintain,
and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability
insurance covering personal injury and property damage, with minimum limits of One Million
Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by
Contractor in performing the services required by this Agreement.
(c) Contractor agrees to maintain in force at all times during the performance of
work under this Agreement workers compensation as required by law.
5
(d) Contractor shall require each of its sub -consultants or sub -contractors to
maintain, insurance coverage that meets all of the requirements of this Agreement.
(e) The policy or policies required by this Agreement shall be issued by an
insurer admitted in the State of California and with a rating of at least a B+; VII in the latest
edition of Best's Insurance Guide.
(f) Contractor agrees that if it does not keep the aforesaid insurance in full force
and effect City may either immediately terminate this Agreement or, if insurance is available at a
reasonable cost, City may take out the necessary insurance and pay, at Contractor's expense,
the premium thereon.
(g) At all times during the term of this Agreement, Contractor shall maintain on
file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City
Attorney and Risk Manager, showing that the aforesaid policies are in effect in the required
amounts. Contractor shall, prior to commencement of work under this Agreement, file with the
Risk Manager, such certificate or certificates. The policies of insurance required by this
Agreement shall contain an endorsement naming the City as additional insured. All of the
policies required under this Agreement shall contain an endorsement providing that the policies
cannot be canceled or reduced except on thirty (30) days prior written notice to City, and
specifically stating that the coverage contained in the policies affords insurance pursuant to the
terms and conditions as set forth in this Agreement.
(h) The insurance provided by Contractor shall be primary to any coverage
available to City, and any insurance or self-insurance maintained by City,:its officers,
employees, agents, or volunteers shall be excess of Contractor's insurance and shall not
contribute with it. The policies of insurance required by this Agreement shall include provisions
for waiver of subrogation. Contractor hereby waives all rights of subrogation against City.
(i) Any deductibles or self -insured retentions must be declared to and approved
by City. At the option of City, Contractor shall either reduce or eliminate the deductibles or self -
insured retentions with respect to City, or Contractor shall procure a bond guaranteeing
payment of losses and expenses.
Section 15. Assignment and Subcontracting. Contractor shall not assignor attempt to
assign any portion of this Agreement, or subcontract any required performance hereunder,
without the prior written approval of City. Any assignment or subcontract made in violation of
this section is invalid and void.
Section 16. Arbitration and Venue. Any dispute, claim or controversy arising out of or
relating to this Agreement or the breach, termination, enforcement, interpretation or validity
thereof, including the determination of the scope or applicability of this Agreement to arbitrate,
shall be determined by arbitration in Los Angeles, California, before three arbitrators. The
arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and
Procedures. All decisions of the arbitrators shall be in writing, and the arbitrators shall provide
written reasons for their decision. The arbitration decision shall be final and binding on the
Parties. Judgment on the award may be entered in any court having jurisdiction pursuant to this
Agreement. This clause shall not preclude Parties from seeking provisional remedies in aid of
arbitration from a court having jurisdiction pursuant to this Agreement. The exclusive jurisdiction
and venue under this Agreement shall be the Superior Court of California, Los Angeles County.
0
Section 17. Attorneys Fees. In the event a dispute, claim or litigation arises regarding
this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys
fees and actual costs, which may be by the arbitrators or the court in the same action or in a
separate action brought for that purpose, in addition to any other relief which is obtained.
Section 18. Governing Law. This Agreement shall be interpreted and enforced
according to, and the Parties rights and obligations governed by, the domestic law of the State
of California, without regard to its laws regarding choice of applicable law.
Section 19. Entire Agreement and Modifications. This Agreement, including
attachments incorporated herein by reference, represents the entire agreement and
understanding between City, and any negotiation, proposals or oral agreements are intended to
be integrated herein and to be superseded by this Agreement. This Agreement may only be
modified by a writing signed by both Parties.
Section 20. Waiver. The waiver by either party of a breach or default by the other
party shall not be deemed a waiver of any different or later breach whether of the same or other
covenant or condition; nor shall any delay or omission by either party to exercise any right it
may have hereunder operate as a waiver of any breach or default of such a right. The failure of
either party to this Agreement to exercise any of its rights under this Agreement does not
constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of
any subsequent breach. No waiver, benefit, privilege, or service voluntarily given or performed
by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
Section 21. Force Maieure. Neither party shall be considered in default of any of its
obligations under this Agreement when a failure of performance shall be due to an
uncontrollable force. The term "uncontrollable force" shall mean flood, earthquake, storm, fire,
lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal
action, statute, ordinance, or regulation, embargoes of the United States Government or any
other government, which by exercise of due diligence such party could not reasonably have
been expected to avoid and by exercise of due diligence has been unable to overcome. Either
party rendered unable to fulfill any of its obligations under this Agreement by reason of an
uncontrollable force shall give written notice within five (5) business days of such fact to the
other party and shall exercise due diligence to remove such inability with all reasonable
dispatch.
Section 22. City Not Obligated to Third Parties. City shall not be obligated or liable
under this Agreement to any party other than Contractor.
Section 23. Notices. All notices, approvals, consents and other communications
between the Parties shall be in writing, and shall be sent by certified mail (return receipt
requested) or other delivery service which provides evidence of delivery, using the address set
forth on the Cover Page under"Notice Information - City" or "Notice Information — Vendor," as
appropriate, or at such other address as may be furnished by either party to the other in writing.
Mailed notices will be deemed communicated as of the day of receipt.
Section 24. Cover Page and Exhibits. The Cover Page and all documents referenced
as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any
material discrepancy between the express provisions of this Agreement and the provisions of
any document incorporated herein by reference, the provisions of this Agreement shall prevail.
7
Section 25. Headings. Headings used in this Agreement are for convenient reference
only and shall not affect the interpretation of the Agreement.
Section 26. Survival of Terms. All of the terms and conditions in this Agreement
related to confidentiality, indemnification, dispute resolution and waiver shall survive termination
of this Agreement.
Section 27. Severability. Whenever possible, each provision of this Agreement shall
be interpreted in such a manner as to be valid under applicable law. If any provision of this
Agreement is determined by a court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and
shall in no way be affected, impaired or invalidated.
Section 28. Authority To Execute This Agreement. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority
to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to
the performance of its obligations under this Agreement.
[Signatures Begin on Next Page].
IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated
in the introductory clause.
City of Vernon, a California charter City
and California municipal corporation
By:
HILARIO GONZALE
Mayor
ATTES
WILL RD G. UMA I, C ty Clerk
APPROVED AS TO FORM:
LAURE CE S. WIENER, Cit Attorney
Bowers Companies, Inc. d/b/a Bowers
Ambulance Services, a California corporation
By:
Name:
Title:
By: 7!
ii--.
po.,
Title: �j
E
EXHIBIT A
SCOPE OF SERVICES
CONTRACTOR shall perform BLS and ALS emergency ambulance transportation and other
related services in accordance with the terms and provisions of this Agreement. The terms BLS
and ALS, as utilized throughout this Agreement, shall be defined as those terms are defined in
the California Health and Safety Code and applicable provisions of the California Code of
Regulations, as amended:
A. Dispatch Services
City shall utilize its dispatcher for gathering medical and location information necessary for
Contractor's provision of Services under this Agreement. City shall forward all such information
to Contractor's dispatch center.
B. 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 Contractor's dispatcher.
Contractor shall not transport any sick, injured, convalescent, infirm, or otherwise incapacitated
person unless an ambulance driver and an ambulance attendant are present in the ambulance
used to transport such person. Every ambulance driver and ambulance attendant shall be
licensed and certified in accordance with the requirements of Section 7.16.140 of Title 7 of the
Los Angeles County Code or any successor provision thereto.
Contractor shall provide BLS ambulance and paramedic personnel trained in accordance with
state and local regulation and approved by the County of Los Angeles. Contractor's employees
shall wear uniforms clearly identifying such persons as employees of Contractor.
Contractor shall respond a BLS unit in conjunction with City's ALS paramedic unit. Contractor
shall provide all ambulance transportation services required by City.
C. Response Times
(1) General Requirements. Contractor shall respond to City's requests for
emergency ambulance transportation services within the response times set forth
herein. Response times shall be calculated as the actual elapsed time in
minutes from the moment the request is received by Contractor's dispatch center
to the time that Contractor's first ambulance arrives on the scene of the medical
emergency. Where multiple ambulances are dispatched to the same medical
emergency scene, only the response time of the ambulance arriving first shall be
counted for purposes of calculating the response time.
(2) Response Time Measurement. Response times shall be measured in full
minutes, rounded upward. For purposes of measuring compliance and for the
imposition of any penalties, any partial minute shall be rounded to the next full
minute. For example, a response time of 10.01 or 11:00 is counted as eleven (11)
minutes.
10
(3) Response Time Required. Contractor shall utilize its 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:
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 shall provide monthly response time
reports to City ("Response Reports"). If the Response Reports are not submitted
to City as prescribed herein two (2) or more times in a single 12-month period,
the failure to submit such Response Reports constitutes a breach of this
Agreement unless performance is otherwise excused pursuant to this
Agreement.
The Response Reports shall be submitted by Contractor using an electronic
spreadsheet format. Code 2 and Code 3 categories shall be reported separately.
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 by City, shall meet and confer with
the City's Responsible Principal or his designee for purposes of establishing a plan for
avoiding such delay in the future.
(5) Call Cancellation. In the event a call for service is cancelled prior to the arrival of
Contractor's ambulance, the response shall 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
shall be considered late.
(6) Exemptions to ResponseTime Requirements. The response time requirements
set forth herein may be suspended and not enforced, at the sole and absolute
discretion of the City, in certain unusual circumstances as determined by the
City. There shall be no exemption for response delays due to vehicle mechanical
problems, driver error, traffic, weather, or mistake.
In addition to exemptions approved by the City under unusual circumstances as
provided above, the response time requirements set forth herein shall be suspended and
shall not be enforced under the following limited circumstances:
(a) High Call Volume: Responses to calls for service during periods of unusual
system overload or high call volume, which City shall determine at its sole and
absolute discretion;
(b) Disasters: Responses to calls for service during a City -declared disaster or
responses to calls for service in a neighboring jurisdiction of the City that has
declared its own disaster and has requested mutual aid assistance from the City.
For purposes of this section, a "City -declared disaster" means any condition of
disaster as declared or affirmed by the City;
11
(c) Multiple Ambulance Response: For responses to calls for service where more
than one ambulance is dispatched to the same medical emergency incident, only
the response time of the ambulance first to respond shall be required to meet the
response time requirements;
(d) Response Up/Downgrade: For Code 3 calls where the response priority code is
downgraded to Code 2 by the Vernon Fire Department while the ambulance is en
route to the scene of the medical emergency, 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 Vernon Fire Department while the ambulance is en
route to the scene of the medical emergency, 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 Vernon 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 Vernon
Fire Department personnel to their respective fire stations, the response time
requirement for that call shall be suspended. This exemption shall only apply for
a call for service dispatch that occurs while the ambulance is waiting for or
actually returning Vernon Fire Department personnel to their respective fire
stations. It shall be Contractor's responsibility to document such circumstances,
including the length of time and the affected call(s) for service. Contractor must
apply fora 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.
(7) Procedure to Request Exemptions from Response Time Requirements.
Applications for receiving an exemption to the response time requirements shall
be submitted by Contractor to the City for approval. Such requests must
accompany the Response Report for the period in which the exemption is
requested. Requests for exemptions outside of the current quarterly reporting
period shall 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 requirement exemption application shall be made by the City's Responsible
Principal or his designee, whose decision shall be final, within thirty (30) days of
receiving the application.
(8) Failure to Meet Response Time Requirements. Should Contractor fail to meet
the response time requirements set forth herein in any thirty -day (30-day) period,
either for any single Code category or for the cumulative total of Code 2 and
Code 3 calls as outlined in the Response Report, the City's Responsible Principal
or his designee may request that Contractor meet and confer regarding
performance and response time deficiencies. The purpose of this meeting shall
be to notify Contractor of its deficiencies and to work with the Contractor to
ensure proper response time performance in the immediate future.
12
(9) At such times when all of Contractor's ambulances are unavailable, Contractor
shall arrange for additional back-up from other ambulance companies, including
the use of mutual aid agreements. However, City, at its sole and absolute
discretion, may utilize alternate providers if Contractor is unable to meet an
estimated time of arrival expectation.
D. Specialized Equipment
Contractor shall equip each ambulance as required by the California Highway Patrol, the County
of Los Angeles Department of Health Services, and other applicable regulatory bodies. Such
equipment shall be similar to supplies typically found on ALS and paramedic units, as required_
by the California Highway Patrol, the County of Los Angeles Department of Health Services,
and other applicable regulatory bodies.
Contractor shall possess, maintain, and provide such equipment, facilities and supplies, and
shall hire, train and provide sufficient personnel as are necessary to respond on a 24-hour basis
to requests by the City's dispatcher for emergency medical transportation services as set forth
in this Agreement.
E. Standby Responses to Incidents
Contractor shall respond to all Vernon Fire Department structure fires within City's boundaries
and all Vernon Police Department incidents within City's boundaries at the City's request. At
the City's request, Contractor shall also respond to similar incidents outside City's boundaries to
which Vernon Fire Department or Police Department personnel respond.
Contractor shall provide BLS or ALS standby ambulance transport services at all such incidents.
F. Telephone Line
Contractor shall maintain direct ringdown telephone line from its dispatch center to the City's
dispatcher in order to provide an efficient and prompt response.
G. Reports
Contractor shall be responsible for the filing, accumulation, assimilation and preparation of all
reports required under the Agreement.
H. Continuing Education
Contractor agrees to maintain or make provision for a continuing education program for all of
Contractor's ambulance drivers and ambulance attendants as required by the County of Los
Angeles Department of Health Services. Contractor shall participate in assisting paramedic
operations, including drills, as deemed necessary by the City's Responsible Principal or his
designee.
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Page 1 of 1
Juarez, Debbie
From: Barcia, Ana
Sent: Wednesday, August 18, 2010 12:39 PM
To: Juarez, Debbie
Subject: RE: Insurance Verification Misc.
Hi Debbie,
Please see below
Ana Barcia
City of Vernon
Risk Management Department
T: 323) 583-8811 ex 286
F: 323) 826-1439�
abarcia@ci.vernon.ea.us
From: Juarez, Debbie
Sent: Wednesday, August 18, 2010 11:32 AM
To: Barcia, Ana
Subject: Insurance Verification Misc.
Hi Ana'. I need to verify that the following contractors have valid insurance on file:
Palsons Electrical Res. No. 2010-113-Current insurance on file
JM Crew dba Rhino Construction Res. No. 2010-114- Current insurance on file
Wittman Enterprises Res. No. 2010-118- No insurance on file, please forward copy of agreement.
KJ Services Res. No. 2010-120- Current insurance on file
Bowers Ambulance Res. No. 2010-122- Current insurance on file
Thank you.
lDe6orah Juarez
Records Management Assistant
City of Vernon - City CCerk's Office
4305Santa TeAvenue
Vernon, CA 90058
(323) 583-8811
8/18/2010
STAFF REPORT
Risk Management
DA: August 4, 2010
TO: Honorable Mayor and City Council
FR: Willard G. Yamaguchi, Risk Manager vt
RE: Bowers Ambulance Services
RECEIVED
AUG 0 5 2010
CITY CLERKS OFFICE
The City of Vernon commenced its Paramedic program in June 2009. Over the past year,
Bowers Ambulance Services has provided supplemental Basic Life Support and Advanced Life
Support ambulance transport services.
This relationship has not had a financial impact on City resources, as Bowers has will relied
solely on revenues derived from individual insurance companies and/or private parties for
compensation.
Recommendation
I recommend that the Council ratify the contract with Bowers Ambulance Services.
cc: Mark Whitworth
RECEIVED
AU23 2010
BOWERS
AMBULANCE-- Fire Department
IMPORTANT DATED INFORMATION, PLEASE READ IMMEDIATELY
July 30, 2010
Re: Address Change for NPI Provider Number 1609889922
Please accept this letter as official notification of a change; in remit to address for Bowers
.Ambulance, Tax I.D. # 95-1636465. Please delete all other addresses from your system
and forward all payments/correspondence to the address stated below.
Remit/Mailing Address:
Bowers Ambulance
Dept 3111
Los Angeles, CA 90084-3111
Physical Address:
Bowers Ambulance
3355 E Spring Street, Suite 301
Long Beach, CA 90806 -
If you have any questions regarding this notification, please contact me directly at 562-
988-6493.
Sincerely,
Maria Castaneda
Director of filling
Page 1 of 1
Juarez, Debbie
From: Yamaguchi, Willard
Sent: Tuesday, August 31, 2010 2:15 PM
To: Enomoto, Kristen
Cc: Juarez, Debbie
Subject: FW: Address Change - Bowers Ambulance
Attachments: 2010_08_31 _11 _30_32. pdf
How do we keep a record of this? Just place it in the file?
From: Martinez, Luz
Sent: Tuesday, August 31, 2010 11:32 AM
To: Yamaguchi, Willard; Guth, Andrew BC
Subject: Address Change - Bowers Ambulance
FYI
RECEIVED
BOWERS, AUG 2 3 2010
AMBULANCE � "A� - Fire Department
IMPORTANT DATED INFORMATION, PLEASE READ IMMEDIATELY
July 30, 21010
Re: Address Change for NPI Provider Number 1609889922
Pleaseaccept this letter as official notification of a change in remit to address for Bowers
Ambulance, Tax I.D. # 95=1636465. Please delete all other addresses from your system
and forward all payments/correspondence to the address stated below.
Remit/Mailing-Addressb
Bowers Ambulance
Dept 3111
Los Angeles, CA 90084-3111
Physical Address:'
Bowers Ambulance
3355 E Spring Street, Suite 301
Long Beach, CA 90806
If you have any questions regarding this notification, please contact me directly at 562-
988-6493.
Sincerely,
Maria Castaneda
Director of Billing