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HomeMy WebLinkAbout2007-042 Agreement - Ambulance Service Penny Bergman JACKSON COUNTY Oregon 1005 E. Main Street Medford, OR 97504 Phone: 541 774-7806 TTY' (541) 774-8138 Fax 541 774-7980 bergmapl@jacksoncounty org www.jacksoncounty.org February 6, 2007 @ ~ (r:J [~ 0 III ~ fiiI IL~ ,Ti3 0 ? 7007 I ~Ii i iJ t!?J~-=-~_===- __ ----=--=-.:::::====--=.:- Martha Bennett City of Ashland 20 East Main Street Ashland, OR 97520 RE: Re-Assignment of Ambulance Service Area #3 Dear Martha: Enclosed please find the completed agreement and its' ratification for the above named service. If there are any questions or problems please don't hesitate to call upon either Gary Stevens at 774-7829 or myself at 774-7806. Sincerely, (bn JU( rJi~,-- Penny Bergman Enclosure(s): 2 RATIFICATION OF A RE-ASSIGNMENT OF AMBULANCE SERVICE AREA AGREEMENT BETWEEN ASHLAND FIRE & RESCUE AND JACKSON COUNTY FOR THE PERIOD BETWEEN JANUARY 1, 2005 AND DECEMBER 31,2010 The undersigned hereby ratifies the re-assignment of ambulance service area agreement, attached as Exhibit A, pursuant to Jackson County Ordinance 208.17, Jackson County Local Contract Review Board Rule Section 4 and ORS 291.049: "Ratification of public contract when performance begun prior to contract approval; conditions; effects; rules. (1) If the parties to a public contract perform under the contract before the contract is approved for legal sufficiency by the Attorney General as required under ORS 291.047 and section 3, chapter 869, Oregon Laws 1997, the agency may ratify the public contract if the Attorney General determines that the contract is legally sufficient prior to ratification. As a condition for approval, the Attorney General may require that the contract be amended as necessary to make the contract legally sufficient. (2) Upon approval of the public contract for legal sufficiency and ratification of the public contract by a state agency under this section, the public contract is effective and the state agency may make payments on the ratified public contract even if the payments are for services rendered prior to ratification." /'~~ ..s;v-~ Jordan County Admi/trato~. Dated: I ~c:> 0 7 ( Ratification RE-ASSIGNMENT OF AMBULANCE SERVICE AREA #3 TO ASHLAND FIRE & RESCUE This agreement is made between Jackson County, a political subdivision of the State of Oregon, and the City of Ashland, referred to below as Ashland Fire & Rescue or Provider. RECITALS: 1. This agreement is made pursuant to ORS 682.062 and Jackson County Ambulance Service Area Plan and Ordinance, published in the Jackson County Codified Ordinances ("JCCO"), Chapter 1075. 2. Pursuant to JCCO Chapter 1075, the Board of Commissioners awarded ambulance service rights in ASA #3 to Ashland Fire & Rescue December 7, 2005. 3. Ashland Fire & Rescue, submitted a request for reassignment to provide ambulance service within time frames established by the ASA plan. 4. No other applicant submitted an application to serve ASA #3. Pursuant to JCCO Chapter 1075 on December 7, 2005, the Board of Commissioners held a public hearing and approved Mercy Flights, Inc. reassignment to serve ASA #2, Board Order No. 584-05. IT IS AGREED: Ashland Fire & Rescue. is assigned the exclusive right to provide ambulance service in ASA #3 under the Jackson County Ambulance Service Area and Ordinance, Jackson County Code Chapter 1075, subject to the following conditions: 1. Provider will conform to the requirements of JCCO 1075 and its amendments. 2. All of the Conditions of Contract described in Exhibit A apply to this agreement. Exhibit A is attached hereto and by this reference is incorporated herein in its entirety. 3. This assignment is effective and extends through midnight, December 31, 2010. Renewal will be subject to the Jackson County ASA Plan and Ordinance, as then amended. JACKSON COUNTY ~~ ~ Y Jordan, County AdmInIstrator I!SO(07 DATE: APP~.ED; /(6v Idisti Hagey Senior Assistant County C()lm~el EXHIBIT A CONDITIONS OF CONTRACT 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 on a quarterly 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 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 Paramedic level of service (ALS) to suburban and semi-rural areas, and 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 all licenses and 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 level of service (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. Providers shall maintain an in-house Quality Assurance program and peer review program. 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. Providers shall submit all complaints regarding patient care to the Director. 8. Providers shall submit copies of revised mutual aid agreements immediately upon execution. Providers 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. 9. Provider shall remain in compliance with all applicable federal, state and local laws, as they now exist or shall be amended. Provider shall equip and maintain all units as required by law, includingORS 682.017 through 682.991 and OAR333-250-000 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 ofthe plan. Maintenance histories for each vehicle shall be submitted annually to the Director by March 1. CONDITIONS OF CONTRACT Exhibit A - Page 2 of 3 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 from those rates described in the application for reassignment, without first obtaining the written consent ofthe 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 if the end of each 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 15th 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 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 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, indemnify 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 oflitigation 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. CONDITIONS OF CONTRACT Exhibit A - Page 3 of 3 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.