Loading...
HomeMy WebLinkAbout2010-044 Agrmt - Ambulance Service - Area 3 'i ASSIGNMENT OF AMBULANCE SERVICE AREA #3 TO ASHLAND FIRE AND RESCUE This assignment is made by Jackson County, a political subdivision of the State of Oregon, to the City of Ashland, referred to below as "Ashland Fire and Rescue," or "Provider" . RECITALS: I. This assignment is made pursuant to ORS 682.062 and the Jackson County Ambulance Service Area Plan as amended and Ordinance, published in the Jackson County Codified Ordinances (JCCO), Chapter 1075. 2. Ashland Fire and Rescue submitted an application for service rights in ASA #3. 4. Pursuant to JCCO Chapter 1075, on December 8, 2010, the Board of Commissioners held a public hearing and approved Ashland Fire and Rescue's request to provide ambulance services to ASA 3: Board Order No. 268-10. IT IS AGREED: Provider is assigned the exclusive right to provide ambulance service in ASA #3 under the Jackson County Ambulance Service Area Plan and Ordinance, Jackson County Code Chapter 1075, subject to the following conditions: I. Provider must conform to the requirements of JCCO 1075 and its amendments. 2. All of the Conditions of Assignment described in Exhibit A apply to this agreement. 3. The assignment of the exclusive right to provide ambulance service in ASA #3 is effective Jan 1.,2011, and extends through midnight, Dec. 31, 2015. Renewal will be subject to the Jackson County ASA Plan and Ordinance, as then amended. Ashland Fire and Rescue. JACKSON COUNl DATE: /t?/;r //0 Page 1 DATE: ASSIGNMENT OF AMBULANCE SERVICE EXHIBIT A CONDITIONS OF ASSIGNMENT 1. Provider will maintain a record of response times for each call in each time zone of the service area. Provider will prepare an "exception" report for each call that exceeds the designated response time for the zone. The exception report will explain why the required response time was exceeded and note what corrective measures, if any, have been implemented. The exception reports will be submitted to the Director of Health and Human Services or his designee ("Director") on a monthly basis or as requested by the Quality Assurance Committee. 2. Provider will be notified by a Public Safety Answering Point (PSAP), which shall dispatch provider by direct dispatch or call relay. Provider's response time records shall be compatible with the records of the designated PSAP so that system response times can be traced. 3. Provider shall provide at least the minimum level of care required by Oregon law and the Jackson County ASA plan. Provider shall provide Advanced Life Support (ALS) for all calls that are triaged as requiring ALS. 4. Provider will notify the Director immediately of any change in level of care provided. Copies of certificates for EMTs shall be provided annually to the Director by March 1. 5. Current standing orders shall be provided in each unit. Each EMT shall review and sign off on standing orders before practicing in the field. 6. Basic Life Support (BLS) units shall be staffed with a minimum of one EMT-B and a certified driver. All ALS providers shall staff ALS units with a minimum of one EMT-P and one EMT-B. Provider shall maintain an in-house Quality Assurance program and peer review program. Provider shall participate in the county-wide Quality Assurance process. Provider's EMTs shall remain current with continuing education requirements. 7. Provider shall promptly submit to the Director all information requested by the Director or the Quality Assurance Committee. Provider shall submit all complaints regarding patient care to the Director. Provider shall cooperate fully with any investigation regarding such complaints that the Director, in his discretion, conducts. 8. Provider shall submit copies of revised mutual aid agreements immediately upon execution. Provider shall not refuse to respond to an emergency call for service if an ambulance is available for service. Provider shall not respond to a medical emergency located outside its assigned service area unless the response is for supplemental assistance, mutual aid, automatic aid, or in response to a request by the recognized dispatch center. Page 1 of 4 9. Provider shall remain in compliance with all applicable federal, state and local laws, as they now exist or shall be amended. It is Provider's sole responsibility to obtain, and Provider shall obtain and maintain in good standing, all permits, licenses, and approvals necessary for the lawful performance of the services contemplated by this Assignment. Provider shall equip and maintain all units as required by law, including ORS 682.017 through 682.991 and OAR 333-250-000 through 333-265-0100 as these sections may be amended. Provider shall equip each ambulance crew with hand-held radios as required by 6.6.C of the plan. Maintenance histories for each vehicle shall be submitted annually to the Director by March 1. 10. Provider shall comply with Section 7.4 of the ASA Plan regarding assignment, withdrawal or subcontracting for service in an area. 11. Provider shall not raise the rates charged for services provided without first obtaining the written consent of the Board of Commissioners. If Provider requests an increase in rates, the Board of Commissioners shall schedule a hearing on the proposed increase within sixty days of receipt of the request. 12. The Board of Commissioners have established a fee to recover the costs of administration of the ASA plan. Providers shall remit the sums due within 30 days of the end of the month. Failure to pay fees within 60 days after written notice to do so shall be considered a material breach of this contract. All breaches of this contract shall be subject to the revocation procedures of Section 5.8.J or Section 7 of this plan or both. 13. Provider may propose housekeeping amendments or minor changes to its service area by submitting a written proposal before October 15 of each year this contract is in effect. 14. Provider shall provide and maintain during the term of this agreement Workers' Compensation Insurance for all non-exempt workers, as required by ORS.Ch. 656. Evidence of current workers' compensation insurance shall be provided to the Director before beginning service under this agreement. 15. Provider shall obtain and at all times keep in effect a comprehensive general liability insurance policy, issued by a company authorized to transact business in Oregon, which shall cover all of Provider's activities provided pursuant to this agreement. The policy shall name Jackson County, its' elected officials, officers, volunteers, agents and employees as an additional insured and shall provide for 30 days written notice to the Director prior to cancellation of the policy. Such liability shall provide limits of at least $50,000 to any claimant for any number of claims for damage to or destruction of property arising out of a single accident or occurrence, $200,000 for injury to anyone person, and $500,000 for total injuries and/or damages arising out of a single accident or occurrence. These limits shall not limit the indemnities set out below. Evidence of current comprehensive general liability coverage in the stated amounts shall be provided to the Director annually as part of the year end report. Provider shall Page 2 of 4 not cancel the insurance without 30 days prior written notice to the Director, at which time a new certificate of insurance evidencing continuous coverage must be provided to the Director. 16. Provider shall defend, indemnity, and save harmless Jackson County, its officers, agents and employees from and against any and all claims, suits or actions, including attorney fees, of whatsoever nature resulting or arising out of the activities of Provider, its agents, subcontractors or employees, under this agreement. 17. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes. 18. In cases of litigation arising out of this agreement between Jackson County and Provider, the prevailing party to the litigation shall be entitled to reasonable attorney fees at trial and upon appeal. 19. Provider hereby certifies under penalty of perjury that to the best of Provider's knowledge, Provider is not in violation of any Oregon tax laws in accordance with ORS 305.385. 20. Provider shall obtain and provide to the Director within 90 days new mutual aid agreements, any new licenses for the vehicles, any new certificates of insurance, and other necessary documents. 21. Violations of the terms and conditions of this Assignment are subject to administrative and/or legal action, which may result in revocation or suspension of the Assignment, damages, or other adverse action. Jackson County retains sole discretion, subject to JCCO chapter 1075, to determine whether to impose adverse actions. Any adverse action taken by Jackson County shall not be a breach of the terms of this Assignment by Jackson County. Jackson County is not liable to Provider for any damages suffered by Provider as a result of any such adverse action. 22. This Assignment shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws; rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the County (and/or any other County or department of the State of Oregon) and the Provider that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Provider, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by Jackson County of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. Page 3 of 4 . 23. Provider shall comply with all sections of the ASA plan. Any reference in this Assignment to specific provisions of the ASA plan shall not be construed to limit the generality of the previous sentence. Such references are included to highlight certain sections for the convenience of the parties only. Any reference to a legal authority such as the ASA plan, ORS, OAR, or JCCO, shall be construed to refer to the legal authority as amended and currently in effect on the date of the conduct. 24. Provider is authorized to increase rates charged for services provided under this assignment only in accordance with this paragraph or with the written approval of the Jackson County Board of Commissioners. Provider is authorized to annually increase any rates charged for any ambulance service in accordance with the Consumer Price Index as published by the Centers for Medicare and Medicaid Services. Page 4 of 4 Health & Human Services JACKSON COUNTY oregon Penny Bergman Accounlant I 1005 East Main Street Medford, OR 97504 Phone: 774-7974 Fax: 774-7980 bergmapl@jacksoncQlinly.org TTY: 541-774-8138 www.jacksoncounly.org December 27, 2010 RECEIVED DEe 29 1lI\Il Martha Bennett City of Ashland 20 E. Main Street Ashland, OR 97520 RE: Assignment of Ambulance Service Area #3 Dear Martha: Enclosed please find the fully executed agreement assigning Ambulance Service Area #3 to Ashland Fire and Rescue. If there are any questions or problems please don't hesitate to call upon Jackson Baures at (541) 774-7829. Sincerely, fJJn1LlJ~ Penny Bergman Accountant 1 Enclosure(s): I " I: .. _; '~i ,! '-; ; l;:-;.l~ td~i< \;"\:8: , ;:. :,-::", ::;{;,; ~'~.l;' r.]. :::(; [J,VJL"2Sl; G;'":" ':;. t,;[;II. -:::,; h. ',' ...: . .~', ;... ~ }, ~'!f j - . L' I ',' 0, .: j{i:". .~':' .... . '~i'''G 'r.-f ':.;'" J' \7(;:!;.~~[ l~~!::!~t }{!E.j.~;~. ~" .