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DocuSign Envelope ID B4B068B5-3 137-4ODF-9298-4E125E9O933B
EMERGENCY MEDICAL TRANSPORTATION SERVICE AGREEMENT
THIS AGREEMENT is entered into this /C/~day of £..fi<.mbu·, 2023 (the "commencement date"),
by and between the CITY OF EL MIRAGE (hereinafter referred to as the "City"), and American Medical
Response of Maricopa, LLC (hereinafter collectively referred to as the "Contractor").
RECITALS
Whereas the City of El Mirage desires to enter an Agreement for Emergency Transportation
Services, and
Whereas the City desires to provide for the health, safety and general welfare of its citizens,
residents, and inhabitants with respect to emergency transportation services, and
Whereas the City must often request emergency transportation services for members of the
public through the operation of its fire departments, and
Whereas the City desires to have Contractor furnish such services and Contractor desires to
provide such service, and
Whereas the City and Contractor desire to enter into this Agreement on the terms and conditions
hereinafter stated, and
Whereas the Contractor is currently authorized by the Arizona Department of Health Services to
provide emergency transportation service within the State of Arizona.
AGREEMENT:
NOW, THEREFORE, for and in consideration of the mutual promise, covenants and agreements
contained herein, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto agree as follows
1.
Definitions.
a.
The term "Advanced Life Support" or "ALS" as used in this Agreement shall mean those
medical treatments, procedures (including assessment), and techniques which may be
administered or performed by ALS personnel established pursuant to AR.S. 36-2205.
b.
The term "Ambulance" as used in this Agreement, shall mean vehicles used in the
transport of those receiving EMS (emergency medical services).
c.
The term "Automatic Aid Contract Areas," as used in this Agreement shall mean all areas
within and surrounding the City and included in the service area of CON 136, in which the
City has agreed to, provide Emergency Medical Service pursuant to automatic aid
agreements.
d.
The term "Code 3 Call," as used in this Agreement, shall mean
(i)
an emergency response call in which the use of red lights and sirens are
requested at the time of the initial request and red lights and sirens are used up
and until arrival on the scene of an incident.
(ii)
A call in which the initial request by the City's 9-1 -1 Emergency Dispatch Center
was for a Code 2 Call but was upgraded by the City's 9-1-1 Emergency Dispatch
Center or responding fire unit to a Code 3 Call prior to arrival on the scene of an
incident.
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2.
e.
The term "Code 2 Call," as used in this Agreement, shall mean:
(i)
An emergency response call in which the use of red lights and sirens are not
requested by the City's 9-1-1 Emergency Dispatch Center for Ambulance response to the
scene of an incident.
(ii)
A call in which the initial request by the City's 9-1-1 Emergency Dispatch Center
as for a Code 3 Call but was downgraded by the City's 9-1-1 Emergency Dispatch Center
or responding fire unit to a Code 2 Call prior to arrival on the scene of an incident.
f.
The term "Cumulative Response Time", as used in this Agreement shall mean the sum-
total elapsed time of turnout and response time for an emergency call.
g.
The term "Designated Ambulance", as used in this Agreement shall mean Ambulances
used to perform the services required under this Agreement.
h.
The term "OHS," as used in this Agreement shall mean the State of Arizona Department
of Health Services.
i.
The term "Emergency Paramedic" or "Paramedic" as used in this Agreement shall mean
a person who has been trained in an emergency paramedic training program and who is
certified by the Director of Department of Health Services Bureau of Emergency Medical
Services to render ALS pursuant to A.RS. 36-2205 and Article 4 of Chapter 25 of Title 9
of the Arizona Administrative Code.
j.
The term "EMS Service Area," as used in this Agreement, shall mean all areas within the
boundaries of the City's emergency services areas, as shown in Attachment F. Any use
of the phrase "EMS Service Area," or similar terms shall in all respects be limited to the
geographical boundaries of the City of El Mirage and any automatic/mutual aid partners,
special districts, state lands, and county islands contained therein. Both parties
acknowledge that these boundaries may change by way of annexations, etc.
k.
The term "Exception" as used in this Agreement shall mean ambulance responses not
meeting the minimum response requirements established herein.
I.
The term "City" as used in this Agreement shall mean the City of El Mirage
m.
The term "City's 9-1-1 Emergency Dispatch Center", as used in this Agreement shall
mean the City of Phoenix Public Safety Dispatch Center or any future facility used to
dispatch fire and emergency medical incidents.
n.
The term "Response Time", as used in this Agreement shall mean the elapsed time from
"en route" (wheels turning) to "on-scene" arrival (wheels stopped) at the dispatched
location.
o.
The term "Response Zone" shall mean the defined geographical areas within the City, as
shown in Attachment F.
p.
The term "Turnout Time", as used in this Agreement shall mean the elapsed time from
notification or dispatch by the City's Emergency 9-1-1 Dispatch Center until Contractor is
en route (wheels turning) to incident.
Term. Extension and Agreement Modification.
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a.
The term of this Agreement shall begin upon approval from the Department of Health
Services and continue for an initial period of three (3) years, unless earlier terminated as
provided herein.
b.
The Parties may, at their option, extend the term of this Agreement for up to three (3)
additional one (1) year terms by entering a signed and written amendment on or before
90 calendar days prior to the expiration of the original term (or then current term) of the
Agreement.
c.
The City and Contractor will conduct an operational review of the Agreement six (6)
months after commencement of services. The intent of the review is to identify any
potential amendments to the Agreement that may be necessary to address minor
operational modifications.
d.
Any extension or modification of this Agreement shall be subject to the approval of OHS
pursuant to its authority as granted in ARS 36-2232.
3.
Ambulance Service Requests. The City's 9-1-1 Emergency Dispatch Center shall dispatch to
Contractor requests for ambulance services. Initial requests for service shall be responded to by
Contractor as advised by City's 9-1-1 Dispatch Center. Responses will be requested as Code 3
or Code 2 as determined by dispatch priorities by the City. In the event Contractor notifies the
City of a possible prolonged response time, the City reserves the right, in its sole discretion, to
dispatch requests for transportation and medical services to other ambulance companies, or to
otherwise obtain the necessary ambulance services as provided by law.
4.
Acceptance.
a.
Contractor shall accept and respond within response time requirements of Section 6 to all
requests for Ambulance transportation dispatched by the City for incidents arising within
the EMS Service Area. When the City requests multiple Ambulances on a single
incident, the Contractor will be responsible for meeting the response time requirements of
Section 6 for the first two arriving Ambulances.
b.
The City and Contractor acknowledge that certain requests for ambulance service within
the EMS Service Area may require transportation of the patient beyond the boundaries of
the EMS Service Area and Contractor agrees to provide such service as may be
required.
5.
Area of Responsibility. Contractor shall be responsible for providing Ambulance transportation for
all calls within the EMS Service Area requested by the City. Should the City request the
Contractor to respond outside the EMS Service Area (i.e., mutual aid}, the Contractor will do so in
accordance with the terms of all contractual agreements, if any, that the Contractor has in place
with other governmental entities with jurisdiction over such responses. In the event there is no
contractual agreement in place between the Contractor and the governmental entity having
jurisdiction, the Contractor shall respond under the terms of the Certificate of Necessity ("CON").
6.
Response Time: Notice of Prolonged Response Time.
a.
b.
Response Time: Minimum compliance is achieved when 90% or more of responses for
Code 3 and Code 2 calls combined meet the specified Cumulative Response Time
requirement. For calls in which the response code changes during response, the 90%
requirement applies, as defined in Section 6i.
To be in compliance for Code 3 calls, the Contractor must be able to place an Ambulance
on the scene of each presumptively life-threatening emergency within 8 minutes 59
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seconds (Cumulative Response Time) for not less than 90% of the time. For clarity, 9
minutes 00 seconds is late.
c.
To be in compliance for Code 2 calls, the Contractor must be able to place an Ambulance
on the scene of each non-life-threatening emergency within 14 minutes 59 seconds
(Cumulative Response Time) for not less than 90% of the time. For clarity, 15 minutes 00
seconds is late.
d.
Any changes or exceptions to the contractual response times as stated herein will be
mutually agreed upon in writing by the Parties and the new response times will be
documented in writing via a memo and, following approval by OHS, shall be incorporated
into this Agreement via a duly executed amendment
e.
Arrival "On-Scene": For all types of requests for ambulance service, the response time
clock shall be stopped by Contractor's unit arrived "on-scene" transmission via MCT or
radio to the City's 9-1-1 Emergency Dispatch Center. Such transmission shall not be
made until the ambulance actually arrives and is stopped at the specific address or
location. In the instance of apartment or business complexes, such transmission shall
not be made until the ambulance actually arrives at the point closest to the specified
apartment or business unit to which it can reasonably be driven.
Arrival "on-scene" means the moment an ambulance crew notifies the City's 9-1-1
Dispatch Center that it is fully stopped at the location where the ambulance shall be
parked while the crew exits to approach the patient In situations where the ambulance
has responded to a location other than the specified scene (e.g. staging areas for
hazardous scenes), arrival "on-scene" shall be the time the ambulance arrives at the
designated staging location. The City may also require the Contractor to log time "at
patient" for medical research purposes. However, during the term of this Contract, at
patient times shall not be considered part of the contractually stipulated response time.
In instances where the ambulance fails to report "on-scene" as required in this section,
the time of the next communication with the ambulance crew, after arrival "on-scene", will
be used as the "on-scene" time. However, Contractor may appeal such instances by
providing appropriate documentation of the actual "on-scene" arrival time. Such
documentation may include Automatic Vehicle Locator position equipment or verification
by City's fire department personnel.
f.
Use of Mobile Computer Terminal {"MCT"): Contractor shall use MCT for all status
changes as required by the City's 9-1-1 Emergency Dispatch Center Contractor must
meet a 95% minimum MCT usage for ''en route" and "on-scene" activations. To be in
compliance with this requirement Contractor must use MCT for "en route" and "on-scene"
status changes at least 95% of the time calculated on a monthly basis. Contractor MCT
use will be evaluated on a monthly basis by the City and the Contractor by reviewing
CAD data to assure that MCT is being utilized on incidents for "en route" and "on-scene"
times, as well as other data that may be required. The formulas used to calculate
monthly compliance will be as follows:
MCT "en route" activation:
Total# of MCT activations "en route"/ total dispatches:::: .95
MCT "on-scene" activation:
Total# of MCT activations "on-scene"/ total dispatches not cancelled prior to
arrival:::: .95
Data used to determine Contractor's compliance with this section shall be drawn from the
City of Phoenix computer aided dispatch system.
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g.
Notice of Extended/Prolonged Cumulative Response Time - Code 3: Contractor shall
notify City's 9-1-1 Emergency Dispatch Center, at time of dispatch or at the earliest
indication, the possibility of an extended Code 3 Cumulative Response Time greater than
ten (10) minutes. Upon notification of a possible extended response time, City's 9-1-1
Emergency Dispatch Center may, in its discretion and considering the severity of the
situation, obtain other transport means that are faster. Contractor shall notify City's 9-1-1
Emergency Dispatch Center, at time of dispatch or at the earliest indication, the
possibility of a prolonged Code 3 Cumulative Response Time greater than fifteen (15)
minutes. Upon notification of a possible prolonged response time, City's 9-1-1
Emergency Dispatch Center may, in its discretion, obtain a response time estimate from
another ambulance company and if the Cumulative Response Time estimate is less than
fifteen ( 15) minutes or the response time stated by Contractor, the City's 9-1-1
Emergency Dispatch Center may request the dispatch of another ambulance company to
transport. The City's 9-1-1 Emergency Dispatch Center shall notify the Contractor that
such second dispatch has been made, and Contractor shall be advised to discontinue
response to the scene. Incidents that exceed 19 minutes 59 seconds will be considered
as not meeting response time requirements as stated in Section 6b.
h.
Notice of Extended/Prolonged Cumulative Response Time - Code 2: Contractor shall
notify City's 9-1-1 Emergency Dispatch Center, at time of dispatch or at the earliest
indication, the possibility of an extended Code 2 Cumulative Response Time greater than
twenty (20) minutes. Upon notification of a possible extended response time, City's 9-1-1
Emergency Dispatch Center may, in its discretion and considering the severity of the
situation, obtain other transport means that are faster. Contractor shall notify City's 9-1-1
Emergency Dispatch Center, at time of dispatch or at the earliest indication, the
possibility of a prolonged Code 2 Cumulative Response Time greater than twenty (20)
minutes. Upon notification of a possible prolonged response time, City's 9-1-1
Emergency Dispatch Center may, in its discretion, obtain a Cumulative Response Time
estimate from another ambulance company and if the Cumulative Response Time
estimate is less than twenty (20) minutes or the response time stated by Contractor, the
City's 9-1-1 Emergency Dispatch Center may request the dispatch of another ambulance
company. The City's 9-1-1 Emergency Dispatch Center shall notify the Contractor that
such second dispatch has been made, and Contractor shall be advised to discontinue
response to the scene. Incidents that exceed 29 minutes and 59 seconds will be
considered as not meeting response time requirements as stated in Section 6c.
i.
Switch in Response Type After Dispatch: If Contractor was originally requested to
provide a Code 3 response but was later requested to provide a Code 2 response on a
particular call, Contractor shall arrive on the scene where emergency care is required
within 14 minutes 59 seconds from the time that Contractor was originally dispatched to
provide a Code 3 response. If Contractor was originally requested to provide a Code 2
response but was later requested to provide a Code 3 response on a particular call,
Contractor shall arrive on the scene where emergency care is required within the shorter
of the following:
(i)
8 minutes 59 seconds from the time that Contractor was requested to update to a
Code 3 response: or
(ii)
14 minutes 59 seconds from the time that Contractor was originally dispatched to
provide a Code 2 response.
Response Time Evaluation.
a.
Cumulative Response Time Calculation: For purposes of response time calculations,
cumulative response time shall be calculated from the point in time when the City's 9-1-1
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Emergency Dispatch Center initially notifies Contractor of a request for service (noted as
"dispatch" in CAD) to the time the Contractor's responding Ambulance notifies the City's
9-1-1 Emergency Dispatch Center and Contractor of its ·'on-scene" arrival time (wheels
stopped) at the specific location to which Contractor was dispatched.
b.
Monthly Evaluations: The City shall conduct a monthly evaluation of response times. The
evaluation shall include all responses that occurred within the City's boundaries. The
City shall provide a list of all responses within the City correlated to the incident numbers
provided by the City's 9-1-1 Emergency Dispatch Center and or the City's record
management system no later than 15 calendar days following the evaluation month. The
monthly evaluation meeting shall be held as soon as possible after the end of the
evaluation month and no longer than thirty (30) days following the evaluation month.
c.
Exception Reports: The contractor shall generate monthly exception reports reflecting
possible non-compliant response times. These reports shall be provided to the City
whereby the City shall research each incident at the discretion of the City and be
prepared to provide a written response to Contractor at the following evaluation meeting.
Contractor shall also identify cause of possible delay and immediately implement
corrective actions, if applicable, prior to monthly evaluation meetings.
The exceptions detailed below are a non-exhaustive list of what may be considered by
the City. In all cases Contractor must document that the exemption being requested was
the direct cause for the late response. The Contractor shall have access to all the City's
information related to contractor activities and include audio and data information on
EMS/911 responses. Exception requests that may be considered by the City during the
Contract period include, but are not limited to:
(i) Call was reduced from Code-3 (emergency response) to Code-2 (non-emergency
response by on-scene responders or by the dispatcher.
(ii) Multiple units responded to the same scene.
(iii) "Move up and cover" or ·'mutual aid" consistent with EMS policy and procedure.
(iv) "Weather", e.g., Haboob.
(v) "Technology Failure" e.g., MCT terminal failure.
(vi) Late responses due to circumstances not in Contractor control, e.g., railroads, as
determined by both the Contractor and the City.
(vii) Other factors beyond the reasonable control of the Contractor
In some cases, late responses will be excused from financial penalties and from
response time compliance reports. The burden of proof that there is good cause for an
exemption shall rest with the Contractor, and the Contractor must have acted in good
faith. The alleged good cause must have been the causative factor in producing the
excessive response time. Exceptions shall be considered on a case-by-case basis.
d.
Evaluation Data: The evaluation of response time data shall include the total number of
requests for services within the City's EMS Services Area and the total number of
exceptions. Exceptions shall be determined at evaluation meetings. Contractor may
request waiver of exceptions based upon extenuating circumstances. The Fire Chief or
designee shall issue final determination of whether a call is excluded from the exceptions.
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e.
Written Explanations: Upon request by City, Contractor agrees to prepare a written
explanation for any incident in which the Contractor has not met the response time
requirements. The Contractor's explanation shall include a full discussion of the
circumstances of the incident and any corrective action required to comply with the
provisions of this Agreement during the remainder of the term of this Agreement.
f.
Dispatch Methodology: Modifications of dispatch methodology may require modification
to the response time performance and evaluation standards. Any changes or
adjustments to the Dispatch Methodology that impact the Contractor's ability to meet the
required response time performance standards shall be agreed upon by both the
Contractor and City and submitted to OHS for approval.
8.
Liquidated Damages for Failure to Meet Requirements. City will notify Contractor in writing of any
liquidated damages being assessed not less than 30 calendar days after they first become known
to City. Upon notification of any liquidated damage assessments, Contractor will have 15
calendar days to dispute any assessment; any dispute must be submitted in writing. The City's
Contract Administrator and the EMS Division Manager from the jurisdiction where the instance
took place (if applicable) will meet with Contractor to review the assessment and Contractor's
response and to determine the validity or invalidity of the assessment. Should the Contract
Administrator, City's EMS Division Manager (as applicable) and Contractor fail to reach an
agreement on the validity or invalidity of the assessment, the matter will be referred to the Fire
Chief (or their designee) of the jurisdiction where the instance took place who will review the
circumstances of the assessment with the Contractor and Contract Administrator. The
determination of the Fire Chief shall be final. The Problem Resolution Procedure as defined in
Attachment C shall not be applicable to the assessment of liquidated damages. Any non-
performance penalties, fines, or liquidated damages will not be included in establishing rates and
charges as prescribed in A.A. C. R9-25-1106. All penalties or fines will be reported separately on
the ambulance Revenue and Cost Report.
a.
Failure to Meet 90% Response Time Requirement: The following liquidated damages
table will not apply if there are less than 10 combined Code 3 calls and Code 2
responses in a given month. The following liquidated damages will be assessed when
the Cumulative Response Time compliance for Code 3 calls and Code 2 calls combined
fall below 90% for any given month.
Compliance
Liquidated Damages
Liquidated Damages 20+
%
10 to 19 combined
combined
Code 3 and Code 2 calls
Code 3 and Code 2 calls
89.9%-
$1,500
$3,000
89.0%
88.9%-
$3,000
$5,000
88.0%
87.9%-
$5,000
$7,000
87.0%
86.9%-
$7,000
$9,000
86.0%
85.9%-
$9,000
$11,000
85.0%
84.9% and
$10,000 plus $2,000 per
$13,000 plus $3,000 per
below
percentage point
percentage point thereafter
thereafter
b.
Notwithstanding liquidated damages in Section 8a, each Code 3 Cumulative Response
Time in excess of 19 minutes 59 seconds will be assessed liquidated damages of $1,000
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c.
Notwithstanding liquidated damages in Section 8a, each Code 2 Cumulative Response
Time in excess of 29 minutes 59 seconds will be assessed liquidated damages of $1,000
d.
Failure to meet requirement for MCT use as defined in Section 6f for ''en route" activation
will result liquidated damages of $1,000 per full percentage point under 95%
e.
Failure to meet requirement for MCT use as defined in Section 6f for "on-scene"
activation will result liquidated damages of $1,000 per full percentage point under 95%
f.
Assessed Liquidated Damages will be payable to the City.
9.
Alternative Care and Transportation. As Arizona Statute and OHS regulations are revised to
encompass the implementation of alternative care and transportation options and destinations for
service originated within public safety dispatch, the Contractor will work cooperatively with the
City to provide equipment, personnel, joint guidelines, and performance criteria. This process
may include, but is not limited to, community paramedicine programs, stretcher vans, BLS
transportation units, bariatric units, stand-by ambulances or other vehicles or personnel as
necessary to meet future needs. Any amendments and/or related agreements developed to this
end will come with the approval of the City, be in writing, signed by the Parties and are subject to
OHS approval. For clarity and to avoid doubt, this cooperation Section 9 does not preclude
Contractor from creating its own programs in accordance with applicable laws and regulations.
10.
Ambulance and Locations.
a.
Contractor shall operate a sufficient number of ALS Ambulances to meet the response
time standards set forth in Section 6. Upon execution of this Agreement, Contractor shall
provide the City with a list of Designated Ambulances and substation locations of such
ambulance units. This list shall be updated periodically as request by the City or upon
the change in any substation location throughout the term of this Agreement.
b.
On an ongoing basis, Contractor and City will review call volume, historical transport
volume, historical response time performance and historical seasonal trends to evaluate
the need for additional ambulance unit hours within the City. Contractor and City shall
review actual data (time of day/day of week) to determine the appropriate times of
operation for the additional unit hours.
c.
Contractor will operate enough sub-operation stations within the City's EMS Response
Area to meet the defined response time requirements of this Agreement. Contractor
agrees to work closely with the City in the determination of future station needs, which
will ensure Contractor continues to meet the defined response time requirements of this
Agreement. At the discretion of the Contractor, Contractor may lease space from the City
at fair market value to quarter a twenty-four (24) hour ambulance crew and an
ambulance. Contractor shall comply with sub-operation station requirements pursuant to
the rules and regulations set forth by OHS
d.
The City serves as the first responder to the emergency needs of the City. The
Contractor serves as a second-responder transport unit that provides assistance to the
City's Fire Department paramedic staff on-scene of an incident and as well as
transportation to a local hospital. The City and Contractor agree that there are a number
of times when the immediate dispatch of an ambulance transport unit is not required due
to the minor nature of an incident. The City's first responder Fire Department on many
occasions arrives on the scene of an incident, provides an evaluation of the patient, and
determines that ambulance transportation is not needed. The City agrees to work with
Contractor in developing dispatch protocols that reduce the number of ambulance
responses to incidents that are minor in nature and to establish protocols for the
immediate cancellation of ambulance service in such cases, allowing for the immediate
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return of the ambulance to an available status, available to respond to other emergency
calls within the City's EMS Service Area.
11.
ALS/BLS Ambulance Staffing Requirements.
a.
BLS transportation units shall be equipped and staffed to provide medical treatments,
procedures, and techniques which may be administered or performed by an Emergency
Medical Care Technician (EMCT).
b.
ALS transportation units shall be equipped and staffed to provide medical treatments,
procedures, and techniques which may be administered or performed by an Emergency
Medical Care Technician - Paramedic ("EMCT-P"). ALS transportation units shall meet
minimum staffing of at least one (1) EMCT-P.
12.
Ambulance Specifications and Maintenance.
a.
No later than the commencement date, or as approved by the City, of this Agreement, all
ambulances shall be equipped, maintained, and operated in accordance with the laws of
the State of Arizona and the rules and regulations of OHS. All Designated Ambulances
shall be Type 111, or as approved by the City, and meet all federal, state and OHS
regulations. Ambulances shall be subject to inspection by the City at reasonable times
and at reasonable intervals.
b.
Substitute Ambulances in place of Designated Ambulances shall be similarly equipped as
the Designated Ambulances. Use of Substitute Ambulances for periods greater than
twelve (12) hours shall require notification by the Contractor to the City.
c.
Contractor shall be responsible for all ambulance maintenance and repair, including but
not limited to, all repair, preventative maintenance, parts replacement, labor and other
actions necessary to keep each ambulance in safe and efficient operation conditions.
The City reserves the right to review and audit maintenance reports of vehicles used to
comply with this Agreement at reasonable times and at reasonable intervals.
d.
All Ambulances shall be additionally equipped to include the following:
(i)
Designated Ambulances shall be of similar type that is agreed upon by the City
and Contractor.
(ii.)
Equipped with adequate crew cab A/C and separate standalone RV style A/C,
heating and ventilation as agreed upon by the City and the contractor.
(iii)
Provide a usable safety restraint system for personnel attending to patient, as
agreed upon by the City and contractor.
e.
Each Designated Ambulance shall be identified as to its call sign (e.g. Ambulance 100
will have the designation 100 in no less than 6" letters on all 4 sides and no less than 22"
letters on the roof of the vehicle).
f.
Contractor shall provide a list of all Designated Ambulances used to provide service
under this Agreement. This list shall include vehicle identification number, make, model,
year of manufacture, current mileage, and complete maintenance history. This list shall
be provided upon award of Contract and upon request of the City during the term of the
Contract.
13.
Equipment and Supplies. Contractor shall be solely responsible for providing all of the
emergency medical equipment and supplies necessary for the Contractor to perform under this
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Agreement. The equipment and supplies shall be current in nature and maintained in accordance
with standard medical practices, the laws of the State of Arizona, and regulations of OHS.
Without limiting the foregoing, Contractor shall install and maintain in each ambulance serving the
EMS Service Area the following equipment:
a.
Mobile computer, docking station, AVL equipment and portable radios compatible with
the City system that will allow for the dispatch and coordination of Contractor's
ambulances through City's dispatching authority.
b.
Cellular telephone and radio equipment with a noise canceling microphone and speaker,
located in the patient compartment of the ambulance, capable of communicating with
appropriate medical direction.
c.
Child-restraint seating immediately available in each dedicated ambulance, and available
upon request for non-designated Ambulances.
d.
All equipment identified by OHS for either ALS or BLS Ambulances.
e.
As mutually agreed upon by the Parties, EMS disposable tools and products listed on
Attachment B of this Agreement, which is incorporated herein by this reference:
f.
All equipment listed in Attachment B to this Agreement, which is incorporated herein by
this reference.
g.
Pre-emption emitter approved for use within the City's traffic control systems.
14.
Additional Equipment. Upon 90 days prior written notice to Contractor, City may add equipment,
goods, or products to the lists contained in Attachment B to this Agreement, if such equipment,
goods, or products are reasonably necessary for patient care and/or to facilitate patient transfer in
the EMS Service Area. City will provide Contractor with information showing that such items are
reasonable and necessary. In the event that the cost of such items is economically prohibitive to
Contractor, Contractor shall provide City with a letter of explanation regarding the same. The
cost of such equipment or products shall not exceed $3000.00 per Designated Ambulance per
year. The efficacy of any City proposed changes shall be reviewed by Contractor's National
Equipment Team. Any additional equipment shall remain the property of Contractor. In the event
of a dispute over the efficacy of the proposed City changes, the Parties shall negotiate in good
faith a reasonable resolution.
15.
EMS System Disposable Supplies.
a.
El Mirage Fire Department's disposable supplies and pharmaceuticals shall be replaced
by Contractor at fair market value at a flat rate per call that is calculated at the end of
each month. This dollar amount will be set at the beginning of each calendar year. The
dollar amount is currently six dollars ($6.00) per transport. Each month the El Mirage Fire
Department will submit a CAD report showing all patient transports where the El Mirage
Fire Department provided first response and Contractor transported the patient. The
Contractor shall reimburse the El Mirage Fire Department using the per transport rate
monthly in arrears. The replacement or reimbursement of materials is limited to calls
resulting in ambulance transport.
b.
Contractor and City agree to review fixed reimbursement amount 90 days from the
initiation of the agreement to determine if fair market value is set accordingly to the
amount of supplies that the City used for patients that were transported for the first
calendar year. Annual review will commence in December of the calendar year to be set
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DocuSign Envelope ID B4B068B5-3137-4DDF-9298-4E125E9O933B
16.
for the following year Any adjustment to the fixed amount will take effect January of each
calendar year.
c.
The provisions of this Section shall be implemented within ninety (90) days of execution
of this Agreement
Dispatch and Communications Fees.
a.
City shall pay the City of Phoenix for each 9-1-1 dispatch of an Ambulance pursuant to this
Agreement The fee will be the actual cost for City of Phoenix to provide dispatch
services. Cost for dispatch services upon the execution of this Agreement will begin at
current rate charged to the City (without mark-up) by the City of Phoenix with an annual
evaluation and adjustment of the costs.
b.
Contractor shall reimburse on a monthly basis the City's actual cost of dispatch services
for ambulance requests only.
c
If required by the City of Phoenix the contractor shall execute an associate agreement and
maintain good standing with the City of Phoenix Regional Dispatch Center. Contractor shall
pay all fees set forth by the Phoenix agreement
17.
Radio Communications. When Contractor utilizes the City's radio frequencies, Contractor shall
be required to adhere to Federal Communications Commission (FCC) rules and regulations
regarding radio communications. Specific guidelines regarding direct communications on the
City's communication system shall be by directive from the City. The City shall be the authority
regarding the City's communication system utilization. Contractor acknowledges that the FCC
license is held by the City and that any shared transmitter use under this Agreement and
pursuant to Section 90.179 of the FCC's Rule shall be subject to the City's control.
18.
Management and Supervisors. Contractor shall hire and maintain properly educated, trained,
and experienced personnel to serve in Contractor's managerial and supervisory positions.
Contractor shall identify one of their own staff as contract administrator/manager. The contract
administrator/manager will act as a single point of contact for the City and will have the authority
to make decisions on behalf of the Contractor regarding Contractor's operations under this
Agreement. City reserves the right to request a change of the Contractor's contract
administrator/manager
19.
Attendants.
a.
Contractor shall hire, train, and supervise all medical attendants in accordance with the
laws of the State of Arizona and regulations of OHS. Attendants shall be properly certified
Emergency Medical Care Technician (EMCT) and/or Emergency Medical Care
Technician - Paramedic (EMCT-P).
b.
Designated Ambulances responding to calls for service within the City's EMS Services
Area shall be staffed with personnel on a 24-hour shift schedule (3 platoon system; A, B,
& C shifts) or such other schedule as the system requires. Due to workload, the
Contractor may staff these units with split shift multiple crews as long as the same crews
are used on each shift The personnel may be replaced with any other Contractor
personnel for the purpose of covering vacations, sick leave, or other temporary
absences.
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DocuSign Envelope ID: B4B068B5-3137-4DDF-9298-4E 125E9D933B
c.
Each ALS Ambulance responding to calls for service within the City's EMS Services Area
shall be staffed with at least one EMCT and one EMCT-P. Contractor agrees to provide
continuity of personnel stationed in the City to promote a cooperative work atmosphere
for optimum patient care. This section may be modified by separate staffing agreements
between the Parties.
20.
Operators. Contractor shall hire, train, and supervise all operators of Ambulances in accordance
with the laws of the State of Arizona and regulations of OHS. Operators shall be properly certified
EMCT or EMCT-P and have completed a comprehensive emergency driver-training program and
possess an appropriate driver's license. Contractor shall provide on a regular basis driver's
training continued education and require all Contractor Ambulance personnel to attend. Records
of attendance shall be maintained by Contractor and be made available on request.
21 .
Records.
22.
a.
Contractor shall maintain complete and accurate records in accordance with applicable
laws, rules and regulations.
b.
Contractor shall maintain records in accordance with the record retention requirements of
the OHS, regarding the personnel dispatched on each responding Ambulance.
Contractor shall make available to the City a complete and current record of all personnel
employed to perform Contractor's obligations under this Agreement.
c.
Records described in this Section shall be provided from time-to-time upon commercially
reasonable request to the City.
Reporting Requirements.
a.
All accounting records shall be maintained and reported in accordance with
standard accounting procedures.
b.
The reports, and associated deadlines, defined in this Agreement shall be submitted by
the Contractor (provided that the City has supplied Contractor with the necessary
information from its CAD) to the City and will be utilized in determining and measuring
compliance with the terms of this Contract. City and Contractor, through mutual
agreement, may choose to add to, or delete from, the list of required reports contained in
this Agreement.
c.
Upon commencement of the Agreement, Contractor shall provide the City's Contract
Administrator with a list of all management, supervisory, vehicle maintenance, and field
and dispatch personnel.
d.
Contractor must submit service and deployment records to the City's Contractor
Administrator on a monthly basis.
e.
Failure to meet the requirements of this Section may result in a per occurrence
assessment of liquidated damages in the amount of $1,000.
23.
Problem Resolution. All problems and issues between the City and Contractor, with reference to
Agreement requirements or operational concerns, shall be handled promptly utilizing the Problem
Resolution Guideline, Attachment C. The Problem Resolution Guideline does not diminish or
replace any requirements for evaluating Contractor performance and/or other remedies provided
for in this Agreement.
24.
Cost of Service.
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DocuSign Envelope ID: B4B068B5-3137-4DDF-9298-4E 125E9O933B
a.
All patient charges by Contractor for services to the public under the terms of this
Agreement shall be in accordance with such rates and charges as may be approved by
OHS or any successor governmental entity regulating rates and charges for Ambulance
services. Contractor shall notify the City of any changes in the charges for services
provided under this Agreement within (5) days after approval. The City shall not be
responsible for non-payment of bills tendered to the individual(s) involved with the
services rendered.
b.
In the event a ground Ambulance is en route to or has arrived on the scene, where
Contractor did not transport the patient, and circumstances deemed air transport
necessary, Contractor shall not charge the City for such response.
c.
Contractor may bill patient for ALS services that are rendered by Contractor in
accordance with OHS regulation when transport is not provided by ground ambulance.
25.
Provision of ALS Services.
a.
As part of City's provision of fire and rescue services and of Contractor's provision of
ambulance transportation services, there are instances where, as determined by City's
ALS medical authority at the scene and/or in conjunction with City's base station
physician, a patient requires ALS services involving on-site emergency medical care and
the administration of initial care and preliminary treatment procedures by City's certified
Paramedics. As first responders on the scene, City reserves the right, at the discretion of
the medical authority at the scene in keeping with the West Valley Off-Line Medical
Direction Algorithms and/or in conjunction with City's base station physician, to provide
ALS services to the patient utilizing City's own Paramedics until transfer of care to
Contractor or the receiving hospital is complete.
b.
In those instances where Contractor provides transportation of a patient to whom City's
Paramedics render ALS Services during transportation, Contractor shall bill the patient
for the ALS Services provided to the patient by City's Paramedics. The billing shall be
equal to the ALS base rate and other rates, fares, and charges permitted and authorized
by law and/or the Arizona Department of Health Services. City Paramedic personnel in
accordance with standards established by Contractor and required by third party payers,
including Medicare, must appropriately document ALS Services. City shall cooperate
with Contractor in providing appropriate reimbursement documentation training to City
Paramedics.
c.
For each instance where Contractor provides an ALS transportation unit for a patient that
requires the City's Paramedics to render ALS Services during transportation, Contractor
agrees to pay City 50% of the difference between the BLS base billing rate and ALS base
billing rate, regardless of call type.
For each instance where Contractor provides a BLS transportation unit for a patient to
whom requires the City's Paramedics to render ALS Services during transportation,
Contractor agrees to pay City 100% of the difference between the BLS base billing rate
and ALS base billing rate, regardless of call type.
The Contractor and the City with Medical Direction participation have developed a
comprehensive Paramedic Ride-In Procedure (Attachment H). For clarity, mileage
reimbursement is excluded from the calculations above and remains a reimbursement
solely to Contractor.
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DocuSign Envelope ID: B4B068B5-3137-4DDF-9298-4E 125E9D933B
The City, on a monthly basis, will provide a listing of all transports where ALS Services by
City's Paramedics were required for effective patient care and City Paramedic
accompanied the patient to the health care facility. This list shall include the date of
service, address of pick-up location, patient's first and last name and the destination
point. Contractor and City shall review the completeness of required documentation and
final determination shall be agreed upon by both Contractor and City as to the
appropriateness of an ALS Service classification.
d.
Contractor shall provide payment to City within 45 days of receipt of invoice from the City.
Payments shall be made to City regardless of whether Contractor has billed and received
payment from the patient. Late payments will be subject to 1.5% monthly interest.
e.
Nothing herein shall be construed to govern, alter, or amend Contractor's rates, fares, or
charges. All such rates, fares, or charges by Contractor shall be in accordance with and
shall not be greater or lesser than or different from Contractor's rates, fares, or charges
as may be approved, fixed, determined, established, and/or authorized by the OHS (or
any successor governmental entity regulating such rates, fares, or charges) for the
service provided.
f.
City's Paramedics shall at all times be properly certified in accordance with the laws of
the State of Arizona and the Rules and Regulations of the Arizona Department of Health
Services. At Contractor's request, the City shall supply Contractor with a list and
certification of its personnel that provide services.
26.
Independent Contractor. No personnel of City providing ALS Service as described herein shall
be considered an employee of Contractor. City shall have the total responsibility for all salaries,
wages, bonuses, retirement, withholdings, workers' compensation and occupational diseases
compensation insurance, unemployment compensation, other benefits and all taxes and
premiums appurtenant thereto and all other appropriate insurance concerning City personnel
providing ALS services described herein, and City shall indemnify and hold harmless with respect
thereto. City shall retain complete control of its personnel and Contractor shall have no authority
to direct the operations of City personnel, or to hire, fire, or make other decisions regarding the
terms and conditions of their employment.
27.
Contract Administration.
a.
The City will identify a Contract Administrator for the City. At a minimum the Contract
Administrator will have responsibility for the following:
(i)
Assure compliance with the Agreement within the City
(ii)
Develop, conduct and coordinate training for personnel, as outlined in Section 32
of this Agreement.
(iii)
Participate in meetings with Contractor.
(iv)
Act as liaison with Contractor and medical facilities receiving patients.
(v)
Coordinate research and reporting on Ambulance services and transports.
(vi)
Perform field observations and report such observations to Contractor and the
City.
(vii)
Monitor response times.
(viii)
Coordinate Ambulance coverage for special events and Fire Department training.
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DocuSign Envelope ID: B4B068B5-3137-4DDF-9298-4E125E9D933B
28.
29.
(ix)
Coordinate or conduct customer (including patient) surveys and such other
similar duties as assigned.
(x)
Act as primary liaison between City and the Contractor in the problem resolution
process.
Electronic Patient Care Reporting. The City, reserve the right to implement a program for
electronic patient care reporting (ePCR). Upon notification from City of their intent to implement
such a system or systems, Contractor will work diligently with City, their vendors or contractors, to
develop interoperability between the City and the Contractor's ePCR system. The goal of
developing interoperability will be, at a minimum, to establish seamless transfer of data between
the City and the Contractor's ePCR system.
Solicitation of Patient Information.
a.
Contractor agrees to abide by all policies, standards, and security procedures established
by City and OHS relating to the release of information concerning the injured party to the
extent such policies are not inconsistent with other legal requirements imposed by law.
30.
Confidential Information.
a.
As part of Contractor's performance under this Agreement, Contractor, its employees and
agents, may be exposed to certain confidential and/or proprietary information of City. As
used in this Agreement, the term "Confidential Information" means any information,
whether oral or in writing or in any other medium, relating to the management,
operations, products, intentions, plans, goals, objectives, inventions, data, records, costs,
employee information, technical information, and other propriety information whether
developed by the City or furnished to the City by other third parties, and all information
which arises out of or relates to the analysis and evaluation of the Confidential
Information.
Notwithstanding the foregoing, the term ''Confidential Information" does not include
information that:
(i)
Was publicly available at the time it was disclosed to Contractor or which,
through no act or omission of Contractor, becomes publicly available before
Contractor discloses it to a third-party.
(ii)
The City regularly discloses to third parties without restriction on disclosure.
(iii)
Contractor already rightfully possessed, without obligation of confidentiality,
before the City disclosed it to the Contractor.
(iv)
Contractor rightfully receives without obligation of confidentiality from any
unrelated third-party.
(v)
Contractor develops independently without reliance upon or use of the
Confidential Information; or
(vi)
Contractor is required to disclose pursuant to Arizona's public records law
(A.RS. § 39-121 et. seq.) or other applicable law, subpoena, or court order.
b.
Contractor will make no disclosure of any Confidential Information to third parties except
upon City's explicit written permission. If Contractor loses or makes unauthorized
disclosure of City Confidential Information, it shall notify the City immediately and take all
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DocuSign Envelope ID B4B068B5-3137-4DDF-9298-4E125E9D933B
31.
32.
33.
34.
steps reasonable and necessary to retrieve the lost or improperly disclosed information.
Contractor shall use the same care to prevent disclosure of City Confidential Information
as Contractor uses with respect to its own confidential information of a similar nature.
which shall not in any case be less than the care a reasonable business person would
use under similar circumstances.
c.
The City shall retain all right, title and interest in and to their Confidential Information.
HIPAA Reporting Requirements. To the extent required by law, Contractor agrees to comply with
the provision of the Health Insurance Portability and Accountability Act of 1996, related
regulations, as amended ("HIPAA"). In particular, to the extent required by law, the Contractor
agrees to comply with the provisions set forth in Attachment E regarding such Protected Health
Information Contractor's obligations under this sub-part shall survive the expiration or
termination of this Contract regardless of the reason for such termination.
Training. Contractor agrees to make available the personnel, equipment, and Ambulances
necessary to participate in the following
a.
A minimum of one (1) City disaster training drill per calendar year.
b.
Contractor agrees to schedule and participate in a minimum of two (2) training sessions
annually with City. These sessions shall cover the integration of Fire Department EMS
procedures, command procedures, patient care management, and other subjects as
deemed necessary by the City Fire Department. At a minimum, a City training session
shall be attended by respective Designated Ambulance personnel.
c.
Orientation training with City in operational procedures and patient care management for
all new employees dedicated to the contracted area.
d.
Continuing education training for Contractor's response personnel to meet OHS
requirements for EMCT and EMCT-P personnel.
e.
Compliance with all current OSHA training requirements including infection control and
blood borne pathogen management.
Emergency Standby. Contractor agrees to provide an ambulance for emergency scene standby,
at no charge to the city, when a fire or police incident commander or City representative has
reason to believe the situation warrants an ambulance standby
Notification of Services Not Requested by City.
a.
Contractor shall notify City of any standbys at special events within the City Contractor
shall work with City to develop procedures for dealing with emergency incidents that may
occur at such events.
b.
Contractor shall immediately upon receipt notify City's 9-1-1 Emergency Dispatch Center
of any Code 3 responses (Code 3 at any point during response) within the City in which
the request for response was not initiated from the City's 9-1-1 Emergency Dispatch
Center. The City, at its discretion. may dispatch City's Fire Department emergency
medical personnel to the incident. In such case, all provisions of this Agreement shall
apply, excluding the requirements in Section 6.
35.
Control of lncidenVScene. Contractor agrees that the City's emergency medical personnel, when
present at the scene of an emergency, shall be considered to be the initial authority until transfer
of care to Contractor's personnel is complete. Further, Contractor's employees shall comply with
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DocuSign Envelope ID: B4806885-3137-4DDF-9298-4E125E9D933B
the operating procedures adopted by the City for ambulances and ambulance personnel to the
extent such compliance will not cause a violation of a OHS requirement.
36.
Transfer Procedure. The City shall advise Contractor of the status of any injured or ill person at
an emergency incident. To provide for the transfer of responsibility for the care of such person or
persons, City and Contractor hereby establish and agree upon the Transfer Procedure attached
hereto and incorporated herein as Attachment D specifically detailing such procedures. All
transfer procedures may be amended by mutual written agreement between City and Contractor.
Any amendment to the transfer procedures will be submitted to OHS for approval prior to their
implementation.
In situations that require Fire Department personnel to accompany a patient in the Contractor's
vehicle, Contractor agrees to return those personnel to their respective fire stations or units upon
the transfer of patient care unless subjected to emergency system demands.
37.
Base Hospital. The City has entered into an Emergency Base Hospital Agreement with a hospital
(currently Banner Boswell) near the City's service area. The Agreement sets forth Hospital
responsibilities and identifies Hospital personnel for providing medical direction to the City,
including direction to the Fire Department and Contractor personnel engaged in carrying out the
medical ground transportation services specified within this Agreement. Contractor must ensure
that permanently assigned personnel utilize the services available pursuant to the Emergency
Base Hospital Agreement at all times and, as a Contractor for medical services with the City;
Contractor must fully comply with the terms and conditions of such Agreement. Specifically,
Contractor agrees to require its permanently assigned personnel to utilize, in every indicated
circumstance, medical advice and services pursuant to the Emergency Base Hospital
Agreements. Should the City enter into an Emergency Base Hospital Agreement with any other
hospital, the Contractor agrees to honor that Agreement in the same manner as the current
Agreement.
38.
Emergency/Disaster Assistance. Contractor shall set forth its plans for responding to major
emergency situations within the EMS Services Area and outside the EMS Services Area where
Designated Ambulances may be involved. In addition, Contractor must set forth its plans for
declared disaster situations and required assistance. All such plans must be in accordance with
and comply with applicable law, regulation, rules, policies and protocols.
39.
Continuous Service Delivery. The City may terminate this Agreement in the event of any material
default by Contractor as defined herein. As a condition precedent to termination by City, City shall
provide Contractor with no less than thirty (30) days' advance written notice citing, with specificity,
the basis for the material default (the "Breach Notice"). In the event Contractor shall have cured
the material default within such thirty (30) days period, or such longer period as may be specified
in the Breach Notice, this Agreement shall remain in full force and effect. In the event City
reasonably deems Contractor to remain in material default as of the end of the notice period
specified in the Breach Notice, City shall provide Contractor with a notice of termination
("Termination Notice"), setting forth the specific reasons the City believes Contractor remains in
Material Breach and the effective date of termination ("Termination Date"), which shall be no less
than thirty (30) days from the date of the Termination Notice. In the event of termination by either
party for any reason, or of expiration of this Agreement, Contractor shall cooperate with City and
with the successor provider to help assure a smooth transition.
City may terminate the Agreement if Contractor is deemed to be in material default four (4) or
more times in any twelve (12) month period regardless of whether Contractor has cured the
material default.
40.
Insurance.
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DocuSign Envelope ID B4B068B5-3137-4DDF-9298-4E125E9O933B
a
Contractor shall carry all insurance with respect to the Ambulances and personnel
engaged in the performance of Contractor's duties under this Agreement as may be
required by all applicable federal, state, county, and city laws, ordinances, charters, rules,
regulations and codes.
b.
Without limiting any of their obligations or liabilities, the Contractor, at its own expense,
shall purchase and maintain the minimum insurance specified in Section 42 of this
Agreement with companies duly licensed or otherwise approved by the State of Arizona,
Department of Insurance, and with forms reasonably satisfactory to the City.
c.
Additional Insured: The insurance coverage, except Workers' Compensation and
Professional Liability, required by this Agreement, shall name the City, its agents,
representatives, board members, officials, employees, and officers, as Additional
insured's, and shall specify that insurance afforded the Contractor shall be primary
insurance, and that any insurance coverage carried by the City or its employees shall be
excess coverage, and not contributory coverage to that provided by the Contractor.
d.
Coverage Term: All insurance required herein shall be maintained in full force and effect
until all work or service required to be performed under the terms of the Agreement is
satisfactorily completed and formally accepted; failure to do so may constitute a material
breach of this Agreement, at the sole discretion of City
e.
Insurance Company Rating: Any insurance company issuing a policy under this
Agreement shall have an AM Best's financial rating of A-7 or better in the then current
edition of Best Rating Guide, or in the alternative, be approved by the City as an
otherwise acceptable carrier. Contractor shall notify the City, in writing, of Contractor's
default in payment of insurance premiums no less than ten (10) days prior to any
cancellation of the insurance. If City so elects, City may make payment of the insurance
premiums to maintain the Contractor's insurance coverage in full force and effect. In the
event the City elects to pay the insurance premiums in arrears, it shall be entitled to
recover any premium paid from the Contractor. This in no way shall imply the Contractor
is covered by the City's insurance or self-insured retention.
41.
Minimum Insurance Coverage. Contractor shall procure and maintain the following minimum
insurance coverage. It is specifically noted that the insurance coverage and limits of liability
required by the Agreement may be provided by a combination of primary and excess liability
policies and self-insurance retentions or deductibles as applicable It is also noted that the
liability insurance policies purchased by the Contractor provide coverage for general Contractor
operations and include but are not exclusively limited to this Agreement.
a
Automobile Liability: Commercial/Business Automobile Liability insurance with coverage
limits of not less than $2,000,000 (combined single limit), with respect to the Contractor's
owned, hired, and non-owned vehicles assigned to or used in performance of the
Contractors work or services, and an annual aggregate limit of $10,000,000.
b.
Commercial General Liability Commercial General Liability insurance with coverage
limits of not less than $2,000,000 for each occurrence asserted and a $10,000,000
annual aggregate limit (which may be satisfied with inclusion of umbrella policy). The
policy shall include coverage for bodily injury, property damage, personal injury, products
and blanket contractual covering, but not limited to, the liability assumed under the
indemnification provisions of this Contract. The following entities must be named as
additional insured's and endorsed to contractor's policy(ies) for general liability City of El
Mirage, officers, volunteers, officials, employees, agents and elected officials.
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DocuSign Envelope ID: B4B068B5-3137-4DDF-9298-4E 125E9D933B
42.
In the event the general liability insurance policy is written on a "claims made" basis,
coverage shall extend for two years past completion and acceptance of work or services
as evidenced by annual Certificates of Insurance and endorsements, as applicable.
Such policy shall contain a "severability of interests" provision (a.k.a. "cross liability" and
"separation of insured") and shall not contain a sunset provision or commutation clause,
or any provision which would serve to eliminate third party action over claims.
c.
Professional Liability: The Contractor providing the services required by this Agreement
will maintain Professional Liability Insurance covering errors and omissions arising out of
the work or services performed by the Contractor or any person employed by the
Contractor, with coverage limits of not less than $2,000,000 each occurrence asserted
and $10,000,000 annual aggregate limit.
In the event the insurance policy is written on a "claims made" basis, coverage shall
extend for two years past completion of all work or services contemplated by this
Agreement to be evidenced by annual Certificates of Insurance and endorsements, as
applicable.
d.
Worker's Compensation: The Contractor shall carry Workers' Compensation insurance
to cover obligations imposed by federal and state statutes having jurisdiction of
Contractor's employees engaged in the performance of the work or services; and
Employer's Liability insurance of not less than $1,000,000 for each accident, $100,000
disease for each employee, and $500,000 disease policy limit.
e.
Evidence of Insurance: Contractor will provide City with certificates of insurance and
additional insured certificates prior to implementation of this agreement. Thereafter,
Contractor will provide evidence of renewal coverage within thirty (30) days after
policy(ies) renew. In the event of cancellation of any policy(ies) referenced herein,
Contractor must notify the City thirty (30) days prior to policy(ies) cancellation for non-
payment of premium.
In case any work is subcontracted, the Contractor will require the Subcontractor to
provide Workers' Compensation and Employer's Liability to at least the same extent as
provided by the Contractor herein.
Indemnity by Contractor.
a.
In any occurrence resulting in claims, lawsuits or assertions of liability caused in whole or
in part by any act or omission of the Contractor or any of its employees or agents the
Contractor agrees to indemnify, defend and hold harmless the City, its Mayors and
Councils, appointed boards and Commissions, Administrative Medical Director, officials,
officers, and employees, individually and collectively from and against all such claims,
lawsuits or assertions of liability.
b.
Contractor's duty to defend, indemnify and hold harmless the City, its agents,
representatives, officers, directors, officials and employees shall arise in connection with
any claim, damage, loss or expense (including but not limited to attorney's fees, court
costs, and the cost of appellate proceedings) to the extent attributable to personal or
bodily injury, sickness, disease, death, injury to, impairment or destruction of property
including loss of use resulting there from, caused in whole or in part by any act or
omission of the Contractor, its Subcontractor, anyone directly or indirectly employed by
them.
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43.
c.
Contractor agrees to indemnify, defend, and hold City harmless from and against any and
all penalties and damages incurred by City as a result of Contractor's failure to obtain any
permit or license required under, or to comply with any applicable laws, ordinances or
regulations.
d.
The amount and types of insurance coverage requirements set forth in this Agreement
will in no way be construed as limiting the scope of indemnity in this section.
Indemnity by City.
a.
In any occurrence resulting in claims, lawsuits or assertions of liability caused solely by
any negligent act or omission of the City or any of its employees or agents the City
agrees to indemnify, defend and hold harmless the Contractor, its Board of Directors,
officials, officers, and employees, individually and collectively from and against all liability.
b.
City's duty to defend, indemnify and hold harmless the Contractor, its agents,
representatives, officers, directors, officials and employees shall arise in connection with
any claim, damage, loss or expense (including but not limited to attorney's fees, court
costs, and the cost of appellate proceedings) to the extent attributable to personal or
bodily injury, sickness, disease, death, injury to, impairment or destruction of property
including loss of use resulting there from, caused solely by any act or omission of the
City, its contractor(s), its employees or anyone for whose acts the City may be liable.
c.
City agrees to indemnify, defend, and hold Contractor harmless from and against any and
all penalties and damages incurred by Contractor as a result of City's failure to obtain any
permit or license required under, or to comply with any applicable laws, ordinances, or
regulations.
d.
The amount and types of insurance coverage requirements set forth in this Agreement
will in no way be construed as limiting the scope of indemnity of the City.
44.
Compliance with Law. Contractor shall comply with all requirements of any applicable federal,
state, county, or city laws, statutes, ordinances, charters, codes, rules, regulations, and other
governmental requirements, including but not limited to Arizona Statute and regulations of OHS
and the charter or ordinances of the City. No provisions of this Agreement shall be construed to
require Contractor to violate any orders or decisions issued by the Director of OHS or any
governing statute or administrative rules regarding the provision of Ambulance or Ambulance
service to the public. Furthermore, Contractor is advised that this Agreement is subject to
cancellation pursuant to ARS 38-511. City shall comply with all requirements of any applicable
federal, state, county, or city laws, statutes, ordinances, charters, codes, rules, regulations, and
other governmental requirements. Additionally, Contractor agrees to comply with the
requirements of (and as defined in) the Health Insurance Portability and Accountability Act of
1996, as codified as 42 U.S.C. § 1320d through d-8 ("HIPAA"), and the regulations promulgated
there under, including without limitation the federal privacy regulations as contained in 45 CFR
Part 164 (the "Federal Privacy Standards"), the federal security regulations as contained in 45
CFR Part 142 (the "Federal Security Standards"), and state privacy laws, all as amended,
regarding the confidentiality of all patient information and records applicable to the obligations of
City and as set forth in Attachment E.
45.
Compliance with Federal and State Immigration Laws. The Contractor agrees to comply with the
Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to
permit the City or its agents to inspect personnel records to verify such compliance. The
Contractor shall ensure and keep appropriate records to demonstrate that all employees have a
legal right to live and work in the United States.
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DocuSign Envelope ID: B4B068B5-3137-4DDF-9298-4E125E9D933B
46.
47.
48.
49.
Under the provisions of A.RS. §41-4401, Contractor hereby warrants to the City that the
Contractor and each of its subcontractors ("Subcontractors") will comply with, and are
contractually obligated to comply with, all Federal Immigration laws and regulations that relate to
their employees and A.RS. §23-214(A) (hereinafter "Contractor Immigration Warranty").
A breach of the Contractor Immigration Warranty shall constitute a material breach of this
Contract and shall subject the Contractor to penalties up to and including termination of this
Contract at the sole discretion of the City.
The City retains the legal right to inspect the papers of any Contractor or Subcontractors
employee who works on this Contract to ensure that the Contractor or Subcontractor is complying
with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any
such inspections.
The City may, at its sole discretion, conduct random verification of the employment records of the
Contractor and any of subcontractors to ensure compliance with Contractor's Immigration
Warranty. Contractor agrees to assist the City in regard to any random verification performed.
Neither the Contractor nor any of Subcontractor shall be deemed to have materially breached the
Contractor Immigration Warranty if the Contractor or Subcontractor establishes that it has
complied with the employment verification provisions prescribed by sections 274A and 2748 of
the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S.
§23-214, Subsection A.
Drug Free Workplace Program. Contractor shall maintain a drug free workplace in compliance
with federal law.
Affirmative Action in Employment. Any Contractor performing under this Agreement shall not
discriminate against any worker, employee or applicant, or any member of the public because of
race, creed, color, age, religion, sex or national origin, qualified individuals because of their
disability status, nor otherwise commit an unfair employment practice. The Contractor will take
affirmative action to ensure that applicants are employed, and that employees are dealt with
during employment without regard to their race, creed, color, age, religion, sex or national origin.
Such action shall include, but not be limited to the following: employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship.
Independent Contractor Status. This Agreement is not intended to and shall not constitute,
create, give rise to, or otherwise recognize a joint venture, partnership agreement or relationship,
or any other formal business organization or association of any kind between the parties, and the
rights and obligations of the parties shall be only those expressly stated in this Agreement. The
parties hereby agree that no person supplied by Contractor in the performance of this Agreement
shall be an employee of the City and further agree that no right of the City's' civil service,
retirement, or personnel rules shall accrue to such persons. Contractor shall have the total
responsibility for all salaries, wages, bonuses, retirement, withholdings, workers' compensation
insurance, unemployment compensation, other benefits and all taxes and premiums appurtenant
thereto concerning Contractor's employees in the performance of this Agreement, and Contractor
shall indemnify and hold City harmless with respect thereto. City shall have the total
responsibility for all salaries, wages, bonuses, retirement, withholdings, workers' compensation
insurance, unemployment compensation, other benefits and all taxes and premiums appurtenant
thereto concerning City's employees in the performance of this Agreement, and City shall
indemnify and hold Contractor harmless with respect thereto.
Interruption of Service.
a.
In the event the Contractor is unable to provide adequate personnel to properly operate
the above determined number of Designated Ambulances as required by this Agreement,
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DocuSign Envelope ID: B4B068B5-3137-4DDF-9298-4E125E9D933B
the Contractor shall immediately allow the City to staff and operate a sufficient number of
Ambulances, as permitted by Arizona law, in order to meet the response time standards.
Contractor agrees to reimburse the City for reasonable labor costs. Any alteration in the
method or nature service delivery as described in this section shall be subject to the
statutory authority and approval of OHS as provided in ARS 36-2242.
b.
If Contractor knows or suspects that there is a possibility that Contractor may suffer a
shortage of personnel that will affect Contractor's ability to make available to the City the
number of operational Dedicated Ambulances needed to meet the requirements of
Section 6, Contractor shall notify City of such possibility at least 72 hours prior to the
anticipated occurrence of the personnel shortage. If Contractor knows or suspects such
possible personnel shortage after this 72-hour notification deadline, Contractor shall
notify City of such possibility immediately.
50.
Performance Bond. Prior to execution of this Agreement contractor shall provide a performance
bond in the amount of one million dollars ($1,000,000) for the faithful performance of services and
conditions set forth herein. The following shall be the conditions precedent before the City may
draw on the performance security: (i) the City declares Contractor in Material Default; (ii) the
Contractor fails to cure the Material Default within thirty (30) days or exceed the number of
Material Defaults permitted in a twelve (12) month period pursuant to section 40; and (iii) the City
terminates the Agreement.
a.
The bond shall be issued by a surety company holding a Certificate of Authority to
transact surety business in the state of Arizona, issued by the Director of the Arizona
Department of Insurance. A copy of the Certificate of Authority shall accompany the
bonds. The Certificate shall have been issued or updated within two years prior to the
execution of this Agreement.
b.
The bonds shall be made payable and acceptable to the City of El Mirage.
c.
The bond shall be written or countersigned by an authorized representative of the surety
who is either a resident of the state of Arizona or whose principal office is maintained in
this state, as required by law, and the bonds shall have attached thereto a certified copy
of Power of Attorney of the signing official.
d.
The bond submitted shall be provided by a company which has been rated "A- or better"
by the AM. Best Company.
e.
Personal or individual bonds are not acceptable.
Upon the request of any person or entity appearing to be a potential beneficiary of bonds
covering payment of obligations arising under this Agreement, the Contractor shall promptly
furnish a copy of the bond or shall permit a copy of the bond to be made.
51.
Material Default.
a.
In addition to the conditions pursuant to section 39, Contractor shall be in Material Default
under this Agreement if any of the following occur:
(i)
The Contractor shall procure all permits and licenses and pay all charges and
fees necessary and incidental to the lawful conduct of business. The Contractor
must stay fully informed of existing and future Federal, State and Local laws,
ordinances and regulations that in any manner affect the fulfillment of this
contract and shall comply with the same. The Contractor's personnel, facilities
and equipment shall be in full compliance with all applicable federal, state, and
local health, environmental and safety laws, regulations, standards, ordinances,
22
DocuSign Envelope ID: B4B068B5-3137-4DDF-9298-4E 125E9D933B
and privilege license and permit requirements, whether or not they have been
referenced by the City. Failure to comply shall be in default.
(ii)
Any of Contractor's insurance (including, without limitation, workers
compensation and occupational disease insurance) required by law, required by
this Agreement, or required by OHS is revoked, terminated or surrendered, or
lapses.
(iii)
Contractor becomes insolvent or is a party to any voluntary or involuntary
bankruptcy or receiving proceeding, or there is any similar action that affects
Contractor's capability to perform under this Agreement.
(iv)
Contractor fails to chronically comply with the dispatch protocols of the City.
For purposes of this Section chronically shall mean three (3) or more times in
any thirty (30) day period.
(v)
Contractor repeatedly engages in inappropriate or unauthorized use of City radio
communication system. City will engage in the problem resolution procedure
prior to default.
(vi)
Contractor fails to meet the monthly response time requirements under Section 6
of this Agreement three (3) times within any consecutive twelve (12) month
period.
(vii)
Contractor fails to have any equipment required by Sections 12, 13, 14, 15 in
dedicated Ambulance responding to a request for Ambulance transportation
made by the City. City will engage in the problem resolution procedure prior to
default. Any occurrence of equipment not being available through no fault of
Contractor shall be excluded from the calculation.
(viii)
Contractor otherwise fails to perform or comply with the terms and conditions of
this Agreement after reasonable notice from the City and opportunity to cure,
subject to the limitations on the number of Material Defaults and permitted cure
periods set forth in section 39.
(ix)
Contractor chronically fails to have a sufficient number of Designated
Ambulances available to the City to meet response time standards. For
purposes of this Section chronically shall mean three (3) times in any ninety (90)
day period. Any occurrence of a Designated Ambulance not being available
through no fault of Contractor shall be excluded from the calculation.
(x)
An Ambulance suffers a breakdown of any kind while transporting a patient,
unless, however, such breakdown resulted from an unforeseeable cause and
Contractor can show that Contractor was in compliance with its maintenance
requirements set forth in Section 12 and has resolved any and all defects
resulting from OHS' ambulance inspections. City will engage in the problem
resolution procedure prior to default.
b.
All remedies at law, in equity, and under this Agreement shall be available in the event of
default under this Agreement.
52.
Termination.
a.
Termination Upon Default: The City may terminate this Agreement if the Contractor has
failed to cure a default within thirty (30) calendar days after receiving written notice
23
DocuSign Envelope ID: B4B068B5-3137-4DDF-9298-4E 125E9D933B
b.
C.
specially setting forth such default. Such termination shall be effective on the date set
forth in the default notice or other date specified by the City.
Termination Upon Notice: Either party may terminate this Agreement for any reason, at
any time, upon 90 days written notice. Such termination shall be effective 90 days after
the date of such notice. No termination upon notice shall constitute a waiver of any rights
granted under this Agreement, or at law or in equity for any default under this Agreement.
If Agreement is terminated by Contractor, Contractor agrees to abide by the "Lame Duck"
provisions detailed in Section 53.
Termination for Life Safety Issues: The City may immediately terminate the Agreement if
City determines that Contractor's significant or persistent failure to meet the requirements
of the Agreement may endanger public health or safety.
53.
"Lame Duck" Provisions. Should Contractor be unsuccessful in a subsequent Emergency
Transportation and Medical Services Agreement award process with City, Contractor shall, as
required by the City, continue to provide services required under the Agreement until a new
contractor is selected and performing services. Under these circumstances, Contractor will
provide services as a lame duck contractor for a period not longer than 180 days.
54.
Attorney's Fees. In the event either party brings any action for any relief, declaratory or
otherwise, arising out of this Agreement or on account of any breach or default hereof, the
prevailing party shall be entitled to recover their reasonable costs and attorneys' fees. Prior to
bringing any action both parties agree to utilize the Problem Resolution Procedure provided in
paragraph 23 Problem Resolution and Attachment C.
55.
Successors and Assigns. Contractor shall not subcontract, convey, transfer, assign,
hypothecate, or otherwise encumber this Agreement, or any right, title or interest herein, whether
voluntarily or by operation of the law without first obtaining the express written approval and
permission of the City.
56.
Controlling Law. This Agreement shall be construed in accordance with and shall be controlled
by the laws of the State of Arizona.
57.
Surviving Provisions. The obligations under Section 21 (Records), Section 42 (Indemnity by
Contractor), Section 43 (Indemnity by City), Section 49 (Interruption of Service), and Section 56
(Controlling Law) shall survive expiration or other termination of this agreement.
58.
Pilot Program. Contractor agrees to meet with the City upon request at reasonable times
convenient to Contractor to discuss the development of pilot programs and studies that may
enhance service delivery or improve responder safety. Any pilot program agreed upon may
require submission to the Department and have Director approval pursuant to Arizona
Administrative Code R9-25-503.
59.
Customer Satisfaction.
a.
City may survey patients and their families to determine the level of public satisfaction
with Contractor's services. Contractor shall be allowed to respond to any unfavorable
responses from users.
b.
City may survey professionals that interact with the Contractor during transports, i.e., City
personnel, hospital staff, etc.
c.
City may require the Contractor too periodically (up to two times per calendar year)
perform patient surveys and share the results with the City. Patient surveys may be
conducted by Contractor or by an independent contractor. In either case, the survey tool
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DocuSign Envelope ID B4B068B5-3137-4DDF-9298-4E 125E9O933B
and methodology will be reviewed and approved by the City, provided that such review
and approval shall not be unreasonably withheld.
d.
The City will work with Contractor to develop and establish performance related
benchmarks.
60.
Other Agreements. This Agreement shall not preclude the City from entering into other
agreements with the Contractor provided that the provisions of such agreement are not included
in or in conflict with this Agreement. Any such agreements that are subject to OHS jurisdiction
shall be submitted to OHS for approval prior to implementation.
61.
Monthly Payments. The City and Contractor may meet the payment obligations of Section 15
(EMS System Disposable Supplies), Section 16 (Dispatch and Communications Fees), and
Section 25 (Provision of ALS Services) by determining a consistent monthly payment schedule
based on historical data. A reconciliation period will occur annually during the month of July.
During that period the Parties will meet to ensure the obligations of this Agreement have been
met. Compensation required to resolve any overpayment or underpayment shall be made within
30 days of final reconciliation.
SIGNATURES BEGIN ON NEXT PAGE
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DocuSign Envelope ID B4B068B5-3137-4DDF-9298-4E125E9O933B
IN WITNESS WHEREOF, the parties hereto have placed their signature on the day and year first above
written .
CITY
CONTRACTOR
City of El Mirage
:~
Date 9- Jq -J.3
ATTEST
By ----,
/ ~~~~
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Date :__:--,_:.7'4r+..::=-=~;z::.:=----;,£-
- --
26
American Medical Response of Maricopa,
LL~
DocuSigned by:
~
bsrv1Jf
By:
G26EEPEBEESE4EE
Its Glenn Kasprzyk, Regional President
8/14/2023
DocuSign Envelope ID B4B068B5-3137-4DDF-9298-4E125E9O933B
Attachment A
(Current OHS authorization to provide ambulance services in Arizona)
ARIZONA DF. PARTME!\T OF HEALTH SERVIC[S
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27
DocuSign Envelope ID: B4B068B5-3137-4DDF-9298-4E125E9D933B
Attachment B - Additional Equipment Requirements
In addition to the Arizona Department of Health Services Equipment List for Ambulances
(ALS/BLS), the City also requires the following equipment. This additional equipment requirement may
be revised, subject to OHS approval, as specified under the Equipment and Supplies section (Section 13)
of the Ambulance Transportation Service Agreement.
1.
Monitor/Defibrillator - Physic Control LP 15 12 lead with external cardiac pacing capability,
pulse oxygen Monitor, NIBP, and Capnography
2.
Blood Glucose Monitor - Portable unit for evaluation of patient blood sugar levels.
3.
Backboards - Equipment available on response units available for direct field exchange.
4.
Electric powered gurney
5.
(2) Stryker Lucas 3 Chest Compression Systems
28
DocuSign Envelope ID B4806885-3137-4DDF-9298-4E125E9O9338
Attachment C - Problem Resolution Procedure
OBJECTIVE
A
•
To provide the City and Contractor with a means to identify and resolve issues as they arise.
•
To institute a workable procedure for resolving issues which are not resolved on an individual
basis.
Introduction
The majority of issues arising from disagreements in patient management with the ambulance
provider can and should be dealt with on an individual basis with those individuals directly
involved in the issue. A philosophy of fairness to all parties and thoroughness of investigation of
all facts must be applied in all cases.
Some issues may not lend themselves to determination between the involved individuals and
may require a progressive process involving management for ultimate resolution. The following
paragraphs outline the steps for problem clearance.
B.
Step 1
Upon identification of a situation requiring application of this problem clearance procedure, those
individuals directly involved should attempt to resolve the issue immediately on a private one-on-
one basis. If a resolution is mutually agreed upon, this procedure need not be carried further.
Should either party involved in the issue prefer not to attempt resolution, if repeated cases occur,
or if at any time the discussion on the matter becomes unproductive, attempts for initial resolution
should be halted and Step 2 of this procedure applied.
Step 2
If initial resolution via a one-on-one basis for whatever reason is not possible, parties involved in
the issue should present their concerns in writing with available facts to their agency's designated
representative who can work to resolve the issue. These representatives from each agency
should then interview the individuals from their agency directly involved in the issue to determine
all facts This should be done separately within 14 calendar days following written notification of
the incident at issue. After the facts are gathered from the person being interviewed, the
representatives from each agency should meet in a timely manner and discuss the issue. If the
facts confirm that the situation requiring correction did occur, justifying the assembly of all parties
to resolve the matter, then such a meeting shall be scheduled. If however, the matter can be
resolved between the agency representatives, then the assembly of parties involved is not
necessary.
If a need to assemble the parties involved persists, this should be done as soon as possible
following the actual incident The meeting shall involve only those parties directly involved in the
incident and shall be held in private.
The objective of meeting should be to resolve this issue so that it does not recur. Resolutions
may address related areas of training, policy revision and/or policy development, etc.
Step 3
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DocuSign Envelope ID: B4B068B5-3137--4DDF-9298-4E125E9D933B
Those issues not resolved through Steps 1 or 2 of this procedure shall be submitted in writing to
each agency representative. Issues of this magnitude may include, but are not limited to,
problems with contracted service, failure to comply with contract, or timely corrective action of
situations discussed in Steps 1 and 2. Situations of this significance will be forwarded to the
CEO, fire chief, or other agency identified representative(s).
The designated representative from each party may be permitted access to documentation and other
investigative materials from previous attempts for resolution. Once adequate information and/or evidence
on the matter is prepared, a meeting with those parties directly involved must be held in private.
Following a thorough investigation and at the conclusion of the meeting, the parties shall attempt a
mutually agreed upon resolution. If an agreement is not reached, the fire chief or his/her designee shall
determine a resolution. The fire chief or his/her designee shall have the authority in determining such
resolution to require any corrective action, up to and including termination of the Agreement. Such
resolution shall be delivered to Contractor in writing and shall include the timelines under which any
corrective action shall occur.
30
DocuSign Envelope ID: B4B068B5-3137-4DDF-9298-4E125E9D933B
Attachment D- Patient Transfer Procedures
It is the policy of the City to provide quality and efficient medical services to all injured or ill
patients. The objective of this procedure is intended as a guide to the fire officer, ALS provider,
and/or firefighter to act with the patient's well-being in mind.
In order to facilitate the most efficient transfer of patient care from Fire Department to Contractor
for patient transportation and/or treatment, the following transfer procedures have been adopted.
Upon Ambulance arrival at the scene of a medical emergency where patient care is being
provided by Fire Department personnel, the Ambulance crew shall report to the supervisor in
charge of the incident. When arrival on scene of a multi-patient incident, the Ambulance crew
shall report to command officer for assignment to avoid duplicating any patient assessment or
treatment already completed. They shall work under the officer they are assigned for
transportation assignments.
Fire department paramedic personnel shall remain in charge of patient care until it is specifically
relinquished to ambulance personnel.
The Fire Department paramedic in charge will determine the necessity for Fire Department
personnel to accompany the patient to the hospital. When the Fire Department paramedic
accompanies the patient(s) to the hospital, the Fire Department paramedic shall remain in charge
of patient care.
The base station hospital will maintain control of the patient and will be the final authority
regarding patient care once contact with the base station physician has been made.
When verbal and/or written reports are required, the following information will be conveyed on the
patient condition:
1.
Verbal report on patient condition including:
•
Patient's chief complaint.
•
All pertinent negative/positive physical findings and patient's current condition.
•
All patient treatment done up to the time of transfer.
•
Name and location of base station physician consulted, and orders received (if applicable);
and
•
Patient destination.
2.
Copy of written or electronic Fire Department EMS incident report signed by the Fire Department
and Contractor's personnel.
All loading of patients into the Ambulance will be the responsibility of Contractor's personnel.
When requested by the Contractor, the Fire Department will provide additional personnel to assist
during transport.
When the Ambulance has arrived on the scene of an EMS incident, prior to the arrival of a Fire
Department unit, the officer in charge of the subsequently arriving fire department unit will seek
out the Ambulance attendant in charge for a report on patient care that has already been
31
DocuSign Envelope ID: B4B068B5-3137-4DDF-9298-4E125E9O933B
provided. Following this report, the Fire Department officer may assume Command of the
incident/patient.
It shall be the responsibility of all agencies providing patient care to cooperate and assist in
treatment and transportation requirements.
32
DocuSign Envelope ID: B4B068B5-3137-4DDF-9298-4E125E9D933B
Attachment E - PHI
1.
Definitions. Terms used, but not otherwise defined, in this Agreement shall have the same
meaning as those terms in 45 CFR Sections 160.103 and 164.501. For purposes of this
Attachment E, Business Associate shall mean City.
2.
Obligations and Activities of Business Associate. In conformity therewith, the Business
Associate agrees that it will:
(a)
Not use or further disclose Protected Health Information (PHI) except as permitted under the
Agreement or required by law.
(b)
Use appropriate safeguards to prevent use or disclosure of PHI except as permitted by the
Agreement.
(c)
To mitigate, to the extent practicable, any harmful effect that is known to Business
Associate of a use or disclosure of PHI by Business Associate in violation of this
Agreement.
(d)
Report to Contractor any use or disclosure of PHI not provided for by this Agreement of
which Business Associate becomes aware.
(e)
Ensure that any agents or subcontractors to whom Business Associate provides PHI, or
who have access to PHI, or who the Business Associate receives PHI from, agree to the
same restrictions and conditions that apply to Business Associate with respect to such
PHI.
(f)
Make PHI available to Contractor and to the individual who has a right of access as
required under HIPAA within thirty (30) days of the request by Contractor regarding the
individual.
(g)
Incorporate any amendments to PHI when directed by Contractor.
(h)
Provide an accounting of all uses or disclosures of PHI made by Business Associate as
required under the HIPAA privacy rule within sixty (60) days; and
(i)
Make its internal practices, books and records relating to the use and disclosure of PHI
available to the Contractor or Secretary of the Department of Health and Human Services
for purposes of determining Business Associate's and Contractor's compliance with
HIPAA.
3.
Permitted Uses and Disclosures by Business Associates. The specific uses and disclosures of
PHI that may be made by Business Associate on behalf of Contractor include:
(a)
To perform functions, activities, or services for, or on behalf of, Contractor as specified in
the Agreement and in compliance with HIPAA.
(b)
For the proper management and administration of the Business Associate or to carry out
the legal responsibilities of the Business Associate.
(c)
As required by law.
(d)
Other uses or disclosures of PHI as permitted by HIPAA.
33
DocuSign Envelope ID: B4B068B5-3137-4DDF-9298-4E 125E9O933B
4.
Effective Date and Termination.
(a)
Notwithstanding any other provisions of the Agreement, Contractor may terminate this
Agreement, in its sole discretion, if Contractor determines that Business Associate has
violated a term or provision of this Agreement, or if Business Associate engages in
conduct which would, if committed by Contractor, result in a violation of HIPAA.
(b)
At the termination of this Agreement, Business Associate agrees to return or destroy all
PHI received from, or created, or received by Business Associate on behalf of Contractor,
and if return is infeasible, the protections of this agreement will extend to such PHI.
34
DocuSign Envelope ID B4B068B5-3137-4DDF-9298-4E125E9D933B
Attachment F - EMS Service Area
(City of El Mirage boundaries to be attached)
Greenway Rd
15400N
I
I
I
I
I
I '·
I;
I
~~·
I
,-----·
I
I
I
I
I
I
I
I
I ·- .... --
., __________ ,
City of El Mirage
Zoning Map
I
I
FEDERA L LUKE AFB APZ II
_____ ,
CSJ FEDERA L LUKE AFB CLEAR ZONE
□PA D PLANNED AREA DEVELOPMENT
~IR NATURAL RESERVE
35
RA RURAL AREA
SN SUBURBAN l~EIGHBORHOOD
MP MOBILE PA RK
MU M IXED URBAN
• uc URBAN CORRIDOR
•
TD TRANSIT DEVELOPMENT
•
CP COMM ERCE PARK
El EMPLOYM ENT/l~IDUSTRY
Mole: All properties within the Luke AFB Accident
Potential Zone ond Moise Contour areas a re subject
to ARS 28-8481 regula tions.
• Zoning pursuan t lo Judgment recorded with Maricopa
County Recorder's Office. 1,10. 20160775497.
Source : City of El Mirage. Planning & Zoning
Adopted: September 22. 20 11
Revised: Sep I ember 18. 20 12
Revised: Moy 6. 201 ,1
Revised: May 19, 20 15
Revised: February 16 20 16
Revised: Hovember 3. 20 16
Revised: Decemb er 5. ::o 1 7
Revised: May 2 L 20 !9
Revised: November 6. :20:20
Revised: January 7 20'20
Revised: June 2. 2020
Revised: Oclober 6. ~020
Revised: Mav 18. 2021
Ptepors-d l"Jy
Cilv of El M'rage
Pt.i>.. ··JMIIJG?,. ."C ltlMG I C IS
Communilv oe~elooment >.oar 1rr1::nt
Ciryof
EL MIRAGE
(,'l«.'W /M'Hff,4{,'/,', /JRlf:HT Fl,Tf,'/U!I
DocuSign Envelope ID: B4B068B5-3137-4DDF-9298-4E125E9D933B
Attachment G - Expectations
The City expects the following from Contractor and its employees while carrying out the provisions of the
Agreement.
Appearance - The City expects that all Contract Ambulance personnel will present themselves in a
professional uniformed manor.
•
A uniform that indicates the employee works for the contracted Ambulance provider
•
Shirts tucked in
•
If wearing a hat, hat should be provided by Contractor
•
Boots and shoes should be zipped or tied
Responding - The City expects that every emergency response will be conducted in a safe and
expeditious manner. This includes a prompt turnout time.
Communications - The City expects that Ambulance personnel utilize the proper "order model" when
conducting radio communications.
Turn Around Time - The City expects contract Ambulance personnel will, as expeditiously as possible,
return to available service within the City following transportation of patient to the hospital.
36
DocuSign Envelope ID B4B068B5-3137-4DDF-9298-4E125E9D933B
ATTACHMENT H
Additional Personnel Ride-in/Follow-up Guideline
It is recommended that an additional provider consider riding in to assist in the care of the patient if there
is an increased likelihood of patient complications or deterioration, or concerns of patient/crew safety.
Some criteria that should be considered include:
• Abnormal vital signs
• Altered mental status
• Abnormal neurologic exam
• Current, or risk of, unstable cardiac dysrhythmia
• Use of medication to support blood pressure
•
Respiratory compromise or impending failure
•
Uncontrolled or difficult to control bleeding
• Situations to consider additional personnel (which may be either ALS or BLS provider) include:
• Suicide ideation**
•
Homicidal ideation**
• Sexualassault**
Excludes:
• Agency/jurisdictional guidelines that supersede this CARE MSG document.
•
If situation dictates transport without additional personnel, documentation to support this
decision should be included in the ePCR.
EMT
Paramedic
•
Required indications-
•
STEMI Alert
•
Stroke Alert
• Trauma Alert
•
Cardiac Arrest/ROSC
•
Respiratory Arrest or impending Respiratory Failure/Distress (including use of RSI or NIPPV)
• Seizure
• Adult - active seizure/status epilepticus
•
Pediatric - active seizure/status epilepticus, first time seizure, persistent febrile seizure
•
Unstable cardiac dysrhythmia
•
Cardioversion/Defibrillation/Transcutaneous pacing
•
Imminent delivery
•
Vaginal bleeding in pregnant patient > 20 weeks gestation (viable fetus)
•
Eclampsia/Preeclampsia
•
Drowning/near drowning
•
Restraints/combative/medication administered for pharmacologic management of agitation
•
Request of transporting ALS provider for additional assistance
• Patient in handcuffs/police custody**
TOC
DocuSign Envelope ID: B4B068B5-3137-4DDF-9298-4E125E9D933B
ATTACHMENT H
• If agency policy dictates: Controlled substance administered for pain management
* * = second provider could be ALS or BLS personnel
Approved by El Mirage Fire Dept's
Medical Director
Printed Name:~·w ,C-v Colt_)
Medical Director
Date: l.e I '5 / zcrL o
Approved by AM R's
Medical Director
Danniel Stites, MD
Printed Name: -------------
Medical Director
D
8/25/2023
ate: _________ _
FINAL
I. Dispatch Service Fee
$21.93 • El Mirage · AMR
II. General M aintenance Service Fee
MCT Main! · El Mirage · AMR
Ill. Network System Fees
IV. CAD System Fees
V. GIS & Data Analytics Fees
Regional Dispatch Center Partners
Computer Aided Dispatch Consortium
Equipment Maintenance & Dispatch Cost Estimates
Fiscal Year 2023/ 2024
EXHIBIT A
INTERGOVERNMENTAL AGREEM ENT
150284
City of El Mirage
City of El Mirage - AMR Ambulance subset)
$ I Dispatch
$21.93
Dispatch Count
2,135
Total Dispatch Service Fees:
~
$4.100
Total Specific Maintenance Service Fees:
II Units
Total Network System Fees:
$ I Dispatch
Dispatch Count
Total CAD System Fees:
$ I Dispatch
Dispatch Count
Total GIS & Data Analystics Fees:
Total Schedule A:
Fees based on dispatch counts are calculated from the number of dispatch es that have occurred from July 1, 2020 through June 30, 2021.
Total
$46,820.55
$46,820.55
Total
$4,100.00
$4,100.00
$0.00
$0.00
Total
$0.00
$50,920.55
City of
EL MIRAGE
ArizonJ
(;RAND HliRfTAGE. RRIGHT Fl/TURF!
DA TE SUBMITTED:
09/06/2023
DA TE ACTION REQUESTED:
09/19/2023
AGENDA SECTION: Consent
TO: Mayor and Council
AGENDA ITEM 5. 5.
REQUEST FOR COUNCIL ACTION
TYPE OF ACTION: SUBJECT: Consideration and action to enter into an
Agreement
agreement between American Medical Response
(AMR) and the City of El Mirage for Emergency
Medical Transport Services. (Fire)
FROM: Charlotte Confer, Senior Fiscal Services Specialist
RECOMMENDATION:
Approve a Service Agreement between American Medical Response (AMR) and the City of El Mirage for
Emergency Medical Transport Services.
PROPOSED MOTION:
Approve an agreement with American Medical Response (AMR) as presented.
BACKGROUND:
This agenda item was previously presented and approved during both the February 15th, 2022 and October 18.
2022 City of El Mirage Council meetings. This item is being re-presented as additional contract revisions have
been made by request of the Arizona Department of Health Services and are reflected in the contract as presented.
El Mirage Fire Department is responsible for public safety. fire suppression activities, emergency medical
response, treatment and emergency management mitigation strategies. This renewal service agreement will provide
the City of El Mirage with a contracted ambulance transport company to transport sick and injured emergency
medical patients to local hospitals for treatment and evaluation.
BUDGETED:
Yes
SUFFICIENT FUNDS: Yes
CIP:
No
MULTI-YEAR:
Yes
Fiscal Impact
AMOUNT REQUESTED:
$50.920.55
FISCAL YEAR:
23/24
ACCOUNT TO BE CHARGED: 111-52511-325
AMR Service Agreement
AMR Annual Billing
Attachments