RESOLUTION OF THE CITY COUNCIL CITY OF SANDPOINT TITLE: AGREEMENT WITH BONNER COUNTY FOR EMERGENCY AND NON- EMERGENCY MEDICAL TRANSPORT SERVICES

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2 No: 12- Date: September 19, 2012 RESOLUTION OF THE CITY COUNCIL CITY OF SANDPOINT TITLE: AGREEMENT WITH BONNER COUNTY FOR EMERGENCY AND NON- EMERGENCY MEDICAL TRANSPORT SERVICES WHEREAS: The City of Sandpoint and Bonner County desire to combine and unify pre-hospital emergency medical services, including emergency and nonemergency medical transport services within the City of Sandpoint; WHEREAS: An agreement has been drafted, which outlines the terms and conditions of the emergency medical services relationship between the parties; and WHEREAS: For purposes of certainty, consistency and economy in the management and delivery of those services, it is in the City s best interest to enter into this agreement. NOW, THEREFORE, BE IT RESOLVED THAT: The agreement authorizing the City to operate emergency and non-emergency medical transport services under the direction of Bonner County Emergency Medical Services is hereby approved, a copy of which is attached hereto and made a part hereof as if fully incorporated herein. BE IT FURTHER RESOLVED THAT: The Mayor and City Clerk are hereby authorized to execute the agreement on behalf of the City. ATTEST: Marsha Ogilvie, Mayor Maree Peck, City Clerk City Council Members: 1. Logan 2. Brunner 3. Schuck 4. Qualls 5. Eddy 6. Rognstad YES NO ABSTAIN ABSENT

3 MASTER AGREEMENT Bonner County and City of Sandpoint AGREEMENT FOR THE PROVISION OF EMERGENCY AND NON-EMERGENCY MEDICAL TRANSPORT SERVICES IN BONNER COUNTY, IDAHO THIS AGREEMENT is made by and between Bonner County, Idaho (hereinafter referred to as Bonner County ), and the City of Sandpoint, a municipal corporation of the State of Idaho, Medical Service Provider (hereinafter referred to as SERVICE PROVIDER ). PURPOSE WHEREAS, the parties hereto desire to combine and unify pre-hospital emergency medical services, including emergency and non-emergency medical transport services within the City of Sandpoint and to provide for certainty, consistency and economy in the management and delivery of those services; and WHEREAS, the parties to this Agreement agree to provide medical transport services to sick and/or injured persons. NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth and for other good and valuable consideration, the parties mutually promise, covenant and agree as follows: Bonner County, by the terms of this Agreement, hereby authorizes Bonner County Emergency Medical Services ( BCEMS ), in conjunction with the Medical Director and with the agreement and assistance of SERVICE PROVIDER, to operate medical transport services in Bonner County. TERM The term of this Agreement shall commence on October 1, 2012, for a period of one year. AMENDMENTS AND NOTICE a) This Agreement may be amended at any time by mutual agreement of the parties. Before any amendment is valid, it must first be reduced to writing and signed by both Bonner County and SERVICE PROVIDER. b) All notices and other written communication between the parties shall be provided as follows: Notices and communications to be given to SERVICE PROVIDER shall be addressed to and delivered to the following address: City of Sandpoint Sandpoint Fire Department 1123 Lake Street Sandpoint, ID Page 1

4 Notice and communication as required to be given to Bonner County shall be addressed to and delivered at the following address: Bonner County Emergency Medical Services 521 N. Third Ave Sandpoint, ID COMPENSATION SERVICE PROVIDER will be compensated commencing October 1, 2012, and in monthly installments based upon: $25,000 payable in monthly installments of $2, each. Reimbursement, by receipt, for regular, necessary and ordinary repairs to ambulances. Ambulance fuel by fuel card provided by BCEMS. All proceeds for all transports staffed by SERVICE PROVIDER will be given to SERVICE PROVIDER on monthly basis. Some transports may require a BCEMS paramedic and the revenue on those transports shall also be given to SERVICE PROVIDER. INDEPENDENT CONTRACTOR It is agreed that the relationship created by this Agreement between Bonner County and SERVICE PROVIDER is one of an Independent Contractor and not that of employer/employee. Neither SERVICE PROVIDER nor any employees of SERVICE PROVIDER nor any other medical or other personnel in cooperation with the assisting SERVICE PROVIDER and providing services consistent with the Agreement are employees of Bonner County. Bonner County is interested in only the results obtained pursuant to this Agreement. None of the benefits provided by Bonner County to its employees, including but not limited to compensation, insurance, and unemployment insurance, are available from Bonner County to SERVICE PROVIDER and/or agents operating for and under arrangements with SERVICE PROVIDER. SERVICE PROVIDER is solely and entirely responsible for its acts and the acts of its agents, employees and servants during the performance of this Agreement. Bonner County shall have no liability for any error, omission, or act of negligence in any medical service provided or not provided to patients by SERVICE PROVIDER or any of SERVICE PROVIDER S agents, employees, and cooperating and assisting personnel. SERVICE PROVIDER shall be responsible for all Federal and State taxes, Retirement, Medicare taxes, and related taxes and obligations, including Federal and State income tax withholding, Retirement contributions, and similar obligations related to SERVICE PROVIDER providing the services under this Agreement. SERVICE PROVIDER shall obtain Worker s Compensation insurance for SERVICE PROVIDER and any agents, employees and staff that SERVICE PROVIDER may employ, and provide to Bonner County proof of such coverage or proof that Worker s Compensation is not required by law. SERVICE PROVIDER shall indemnify Bonner County and hold Bonner County, its agents and departments harmless from any and all claims for these obligations and taxes (including, but not limited to, Retirement taxes arising out of SERVICE PROVIDER S failure to pay such fees, taxes, contributions and other obligations). EMS STANDARDS AND PRACTICES It is agreed by the parties hereto that they shall all abide by the applicable standards and requirements of the Idaho Department of Health and Welfare, EMS Bureau, as set forth in Idaho Code to 1018B; the Rules Governing Emergency Medical Services, IDAPA ; Page 2

5 Standards Manuals as developed and published by the EMS Bureau, as well as the Bonner County EMS Ordinance 456 and all other relevant statues, ordinances and administrative rules hereinafter adopted, identified and filed in the Office of the Clerk and provided to SERVICE PROVIDER by BCEMS. SERVICE PROVIDER agrees that the sole medical director for their organization shall be the medical director appointed by the County Commissioners for the County s EMS System. SERVICE PROVIDER further agrees to adhere to the orders, protocols, procedures and other lawful requirements of the system medical director or his/her designee(s) as they pertain to the Medical Supervision Plan and the Medical Protocols. Those designees include, but are not limited to the following members of Bonner County Emergency Medical Services: Chief Captain of Clinical Practice SERVICE PROVIDER understands and agrees that each licensed member of their organization must be granted the right to practice by the county appointed medical director at a practice level determined by the medical director that may be below but cannot exceed the level at which the member is licensed by the State of Idaho. The parties hereto mutually covenant and agree to deal with each other, at all times with respect, in a good faith manner in performance of this Agreement. INSURANCE The parties hereto mutually covenant and agree to indemnify and hold each other harmless from and against any and all suits, claims, losses, actions, damages or liability of every kind, nature and description, including costs, expenses and attorney fees that may be incurred, by reason of any act or omission, neglect or misconduct on the part of themselves, agent, employees and representatives. Each party agrees to maintain adequate insurance coverage for its own equipment and workman s compensation coverage for personnel as required by law. Each party hereto further agrees to maintain during the term of this contract a comprehensive general liability policy with an insurer qualified to do business in the State of Idaho in an amount of not less than five hundred thousand dollars ($500,000) for bodily or personal injury, death or property damage or loss as a result of any one (1) occurrence or accident, regardless of the number of persons injured or the number of claimants. Each party shall, at the renewal of the policy, provide proof of insurance to the other. Bonner County shall provide collision and liability insurance for all Bonner County-owned apparatus. MALPRACTICE All employees in the employ of SERVICE PROVIDER who provide services under this Agreement shall be covered under the terms of SERVICE PROVIDER S Medical Malpractice Liability Certificates. SERVICE PROVIDER shall indemnify Bonner County and hold Bonner harmless for any services provided in association with this Agreement. However, no services will be delivered directly by SERVICE PROVIDER except as allowed by SERVICE PROVIDER S licensing and appropriate and approved Bonner County Medical Director s Protocol. Page 3

6 ADDITIONAL DUTIES AND RESPONSIBILITIES OF SERVICE PROVIDER The essential services/responsibilities to be performed by the SERVICE PROVIDER on an asneeded basis are as follows: 1. SERVICE PROVIDER will staff the ambulance with sufficient qualified personnel to staff (1) ambulance at the minimum ILS Level transport as personnel are available. This agreement does not hold the Sandpoint Fire Department to a particular level of availability. 2. SERVICE PROVIDER may respond and be dispatched as a transport unit for EMS calls primarily in the City of Sandpoint and surrounding areas only at the request of BCEMS personnel when BCEMS Sandpoint units are not available. This ambulance is classified as a back-up ambulance and not a primary response ambulance and as such will not be included in the 911 dispatch response plan for automatic dispatch. 3. The ambulance shall only be deployed to respond to a call when requested by BCEMS personnel except for structure fires and other major fire or rescue calls for the purpose of performing a rehab operation or standby for illness or injuries or to conduct standby events anywhere within the City of Sandpoint. 4. The ambulance may be declared unavailable by the SERVICE PROVIDER at any time without notice. No promises are made by SERVICE PROVIDER to be available to respond at particular times. This contract is for as available backup service. 5. SERVICE PROVIDER may or may not choose to respond to calls outside the City of Sandpoint. 6. SERVICE PROVIDER may or may not choose to accept inter-facility transfer assignments. 7. SERVICE PROVIDER acknowledges that the deployment of the ambulance shall be under the deployment control of BCEMS and the Bonner County 911 dispatch response plan. The ambulance is subject to the deployment orders of BCEMS duty captain, his designee or the BCEMS Chief. That control shall be transferred to any on scene incident command structure while the unit is assigned to the incident. 8. SERVICE PROVIDER personnel providing patient care on the ambulance shall be subject to the same BCEMS quality assurance and quality improvement as BCEMS employees. EMS runs involving the SERVICE PROVIDER ambulance shall receive 100% review by BCEMS clinical personnel. SERVICE PROVIDER personnel under such review must respond to clinical feedback by correcting reports as instructed and performing remediation training as required by the BCEMS clinical captain as the representative of the BCEMS Medical Director. Communication with individual providers shall be performed with the Sandpoint Fire Department Clinical Representative or designee. 9. SERVICE PROVIDER fully supports a camera system installed in the BCEMS owned ambulance that is designed to capture audio and visual information inside and outside the cab in the event of directional G-forces caused by activities such as hard braking, sudden acceleration, hard cornering, and/or collisions. SERVICE PROVIDER shall in no way interfere with the operation of this device. This includes altering its position in such a manner that the video view of the driver is compromised, disconnecting wires, blocking the camera or intentionally interfering with the operation of the device. BCEMS and SERVICE PROVIDER agree to furnish law enforcement with a copy of the recorded data following any reportable accident. The camera system may also be triggered manually by the vehicle operator. The use and review of data from a manual activation shall be managed by the SERVICE PROVIDER without interference or approval from BCEMS. BCEMS employees shall assist SERVICE PROVIDER in downloading the files but shall not be permitted to view or monitor the data without express permission from the SERVICE PROVIDER except as provided by law. 10. SERVICE PROVIDER will provide staff roster to BCEMS. Page 4

7 11. SERVICE PROVIDER will provide Sandpoint Fire Department uniforms for their EMS personnel, employees and volunteers. 12. SERVICE PROVIDER will follow all Bonner County Standard Operation Procedures. 13. SERVICE PROVIDER will comply with any requests for information made by BCEMS as the requested information relates to any provision of this Agreement. 14. SERVICE PROVIDER will participate in the Quality Assurance, Quality Improvement process under the supervision of the BCEMS Captain of Clinical Practice of Clinical Practice as the County Medical Director s designee. ADDITIONAL DUTIES AND RESPONSIBILITIES OF BONNER COUNTY EMS 1. BCEMS will provide an ambulance to be kept at Sandpoint Fire Station No. 1. BCEMS reserves the right to recall the ambulance without notice to be utilized elsewhere in the system when all other BCEMS units are unavailable. This is only as the need arises. The unit will be returned or replaced as soon as practical. 2. BCEMS will cover SERVICE PROVIDER transport activity under the BCEMS transport license. 3. Patients will be billed under Bonner County EMS and all proceeds for all transports staffed by SERVICE PROVIDER personnel will be given to SERVICE PROVIDER on monthly basis. Some transports may require a BCEMS paramedic and the revenue on those transports shall also be given to SERVICE PROVIDER. 4. BCEMS makes no promise as to the number of calls or transfers that will be made available to SERVICE PROVIDER. 5. BCEMS will administer all billing functions and pay the billing fees. 6. BCEMS will provide dispatch and administrative and medical protocols and procedures with Emergency Medical Dispatch, and provide any updates. 7. BCEMS agrees to provide SERVICE PROVIDER with medical supplies and necessary equipment. 8. BCEMS will offer SERVICE PROVIDER continuing education. 9. BCEMS will submit reports to the Idaho Department of Health and Welfare, EMS Bureau, at such times and in such manner as the EMS Bureau may require. COMPLIANCE Failure to comply with any material provision of this Agreement by SERVICE PROVIDER shall entitle Bonner County to withhold any monies payable after notice of breach and failure to cure in accordance with this Agreement. TERMINATION FOR CAUSE This Agreement may be terminated by either party for cause if the defaulting party fails to comply with any material provision of this Agreement. The non-defaulting party will provide notice to the defaulting party specifying the reasons for default. If the default is not timely cured to the reasonable satisfaction of the non-defaulting party in accordance with the notice of default, this Agreement may be immediately terminated. Either party retains the right to terminate this Agreement immediately upon notice thereof. INVALIDITY If any portion of this Agreement is determined to be invalid or unenforceable as a matter of law, such invalidity or lack of enforcement shall be limited to such portion and shall not affect any other portions or provisions which shall be given the fullest effect permitted by law. In the event that it should be determined by a tribunal having appropriate jurisdiction that this Agreement is illegal or unenforceable as a matter of law, this Agreement shall be deemed to be null and void and the Page 5

8 parties hereto shall be relieved of any further performance under the terms of this Agreement. In the event that Bonner County should fail to fund BCEMS as set forth above, Bonner County and SERVICE PROVIDER hereto shall be relieved of any further performance under the terms of this Agreement. The parties hereto further mutually covenant, agree and represent hat the terms of this Agreement have been completely read by them and that the terms of this Agreement are fully understood, binding and voluntarily accepted by them. ATTORNEY S FEES If any party is required to enforce a breach or termination of this Agreement, the party shall be entitled to recover its reasonable attorney fees and costs from the breaching party, whether with suit or without suit. COMPLETE AGREEMENT This Agreement constitutes the complete and final understanding of the parties with respect to the subject matter hereof and cannot be amended or modified except by a written agreement signed by both parties. IN WITNESS WHEREOF, the parties have executed this Agreement this day of September, CITY OF SANDPOINT BOARD OF BONNER COUNTY COMMISSIONERS Marsha Ogilvie, Mayor Cornel Rasor, Chairman Lewis Rich, Commissioner Mike Nielsen, Commissioner ATTEST: Maree Peck, City Clerk ATTEST: Deputy Clerk Page 6