Meeting Date: August 7, 2012
Prepared by: Michael Calhoun
City Council
Agenda Item Summary
Name: Consideration of a Resolution authorizing the City of Carmel by-the-Sea to enter into an agreement with Monterey County Emergency Medical Services Agency to participate in the County EMS system and to comply with all applicable State regulations and local policies and procedures, including participation in the agency's continuous quality improvement program.
Description: Monterey County Emergency Medical Services (EMS) Agency is designated as the local agency responsible to plan, implement and evaluate the County's EMS system. State law prohibits any person or organization from providing "advance life support," (paramedic services), unless that person or organization is an authorized part of the emergency medical services system of the local EMS agency.
State law also requires that a paramedic service provider must have a written participation agreement with the local EMS agency in order to participate in the County EMS system and must comply with all applicable state regulations and local policies and procedures, including participating in the local agency's continuous
quality improvement program.
This four-year agreement is intended as a means for the City to comply with California law and to reflect the Carmel Fire Ambulance's role as both a non-transport paramedic provider, and a transport provider within the "Primary Service Area" of Monterey County (see Exhibit A). The City Attorney has reviewed this agreement.
Overall Cost: None.
Staff Recommendation: Adopt the Resolution.
Important Considerations: Entering into this agreement does not waive any rights maintained by Carmel Fire Ambulance pursuant to Health and Safety Code Section 1797.201, including the right to provide emergency medical services and medical transportation services within the boundaries of the City of Carmel-by-the-Sea.
Decision Record: None
Reviewed by:
Jason Stilwell, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2012-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING AN AGREEMENT WITH MONTEREY COUNTY EMERGENCY MEDICAL SERVICES AGENCY TO PARTICIPATE IN THE COUNTY EMS SYSTEM, AND TO COMPLY WITH ALL APPLICABLE STATE REGULATIONS AND LOCAL POLICIES AND PROCEDURES INCLUDING PARTICIPATION IN THE AGENCY'S CONTINUOUS QUALITY IMPROVEMENT PROGRAM
__________________________________________________________________
WHEREAS, the City of Carmel-by-the-Sea desires to enter into a written agreement with Monterey County Emergency Medical Services Agency to participate in the County EMS system; and
WHEREAS, the Monterey County Emergency Medical Services Agency desires to enter into a written agreement with the City of Carmel-by-the-Sea to participate in the County EMS system; and
WHEREAS, Carmel Fire Ambulance is the paramedic service provider for the City of Carmel-by-the-Sea and is legally authorized to respond to medical emergencies within its jurisdiction and within Monterey County; and
WHEREAS, under California law, a paramedic service provider must have a written agreement with the local EMS agency to participate in the EMS system and must comply with all applicable state regulations and local policies and procedures, including participation in the local EMS agency's continuous quality improvement program.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:
1. Authorize the City of Carmel-by-the-Sea to enter into a written agreement with Monterey County Emergency Medical Services.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 7th day of August, 2012 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED:
______________________
JASON BURNETT, MAYOR
ATTEST:
_____________________
Heidi Burch, City Clerk
Monterey County Emergency Medical Services
Paramedic Service Provider
Agreement
BACKGROUND
1. This is an agreement (“Agreement”) between Carmel-by-the-Sea (“PROVIDER”) and the County of
Monterey, acting through its Emergency Medical Services Agency (“EMS AGENCY”). Its date for
reference is _____________.
2. EMS AGENCY is designated under California law by Monterey County as the local Emergency
Medical Services Agency responsible for planning, implementing, and evaluating the local EMS
system throughout Monterey County. [Health and Safety Code 1797.204]
3. Under California law, no person or organization may provide “advanced life support,” also known as
“paramedic” services, unless that person or organization is an authorized part of the emergency
medical services system of the local EMS agency. [Health and Safety Code 1797.178]
4. Under California law, a paramedic service provider must have a written agreement with the local
EMS agency to participate in the EMS system and to comply with all applicable state regulations
and local policies and procedures, including participation in the local EMS agency’s continuous
quality improvement (“CQI”) program. [Title 22 CCR 100167(b)(4)]
5. PROVIDER is a public agency that has chosen, and is legally authorized, to respond to medical
emergencies within its jurisdiction.
6. PROVIDER seeks to have a written agreement with EMS AGENCY to provide paramedic services.
THE PARTIES THEREFORE AGREE AS FOLLOWS:
1. Once signed by authorized representatives for all parties, this agreement becomes effective at
8:00a.m. on ______________ and shall continue for a period of four (4) years. This agreement may
be terminated as provided below.
2. PROVIDER shall be responsible for providing prehospital emergency services according to
Monterey County EMS policy and protocol and State regulations within the “Primary Service Area”
identified on the map and attached as Exhibit A.
3. PROVIDER shall be under the medical control of the Monterey County EMS Medical Director.
[Title 22 CCR 100144(a) 100169, Health and Safety Code 1797.220, 1798]
4. PROVIDER shall participate in the Monterey County EMS system and comply with all applicable
State regulations and local policies and procedures, including participation in EMS AGENCY’s CQI
program. [Title 22 CCR 100167(b)(4)]
5. PROVIDER shall provide emergency medical service response on a continuous twenty four-hourper-
day basis. [Title 22 CCR 100167(b)(1)]
6. PROVIDER shall utilize and maintain telecommunications as specified by EMS Agency. [Title 22
CCR 100167(b)(2) If at any time during the length of this Agreement, EMS Agency amends,
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Monterey County Emergency Medical Services
Paramedic Service Provider
Agreement
07-2012 2
revokes, or modifies its telecommunications policies or procedures, EMS Agency will notify
PROVIDER in writing at least 90 days before such change(s) are implemented. Upon notice of an
amendment, revocation, or modification to EMS Agency’s telecommunications policies or
procedures, PROVIDER and EMS Agency agree to enter into a reasonable meet and confer process,
if PROVIDER believes the proposed changes to the telecommunications policies or procedures may
adversely affect the PROVIDER’s financial ability to comply with the policies and procedures. The
EMS Agency Director will make the final determination on whether to implement any proposed
changes taking into consideration any issues presented in the meet and confer process.
7. PROVIDER shall maintain a drug and solution inventory, and medical equipment and supplies, as
specified by EMS AGENCY. [Title 22 CCR 100167(b)(3)]
8. PROVIDER shall be responsible for assessing the current knowledge of its paramedics in local
policies, procedures and protocols, and for assessing its paramedic’s skills competency. [Title 22
CCR 100167(b)(5)]
9. PROVIDER shall ensure that all paramedics employed by the paramedic service provider have a
current paramedic license, active accreditation by Monterey County, and maintain all other
certifications and training required by Monterey County EMS policy.
10. PROVIDER shall ensure that a Patient Care Record (PCR) is created for every patient response, the
PCR is fully and accurately completed, and the PCR is distributed to the EMS Agency, receiving
hospital, and paramedic service provider. [Title 22 CCR 100169(a)(6)(A)(B)(C)]
11. PROVIDER shall have an internal CQI program that has been approved by EMS AGENCY. [Title
22 CCR 100402(a)(1)]
12. EMS AGENCY may deny, immediately suspend, or revoke this Agreement for any failure of
PROVIDER to comply with applicable policies, procedures, and regulations. [Title 22 CCR
100167(e)]
13. Either party may terminate this Agreement by giving 60 days’ prior written notice to the other party.
14. All notices required hereunder shall be in writing and served personally or by certified mail, return
receipt requested, postage prepaid, at the addresses shown below:
PROVIDER: City of Carmel-by-the-Sea AGENCY: Monterey County EMS Agency
PO Box CC 1270 Natividad Road
Carmel, CA 93921 Salinas, CA 93906
15. Neither EMS AGENCY nor the County of Monterey shall be liable for any costs or expenses
incurred by PROVIDER as a result of this Agreement. PROVIDER shall bear all costs associated
with its provision of services under this Agreement.
16. The PROVIDER hereby agrees to indemnify, defend, and hold harmless the County of Monterey
and County of Monterey Emergency Medical Services Agency, and their officers, agents,
employees, and employers, to the extent permitted by applicable law, from and against all claims
and/or losses whatsoever accruing or resulting to any person, firm or corporation for damages,
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Monterey County Emergency Medical Services
Paramedic Service Provider
Agreement
07-2012 3
injuries or death incurred by reasons of any act or failure to act by the PROVIDER or PROVIDER’s
officers, agents, and employees in connection with the performance of this Agreement.
The County of Monterey and County of Monterey Emergency Medical Services Agency hereby
agree to indemnify, defend, and hold harmless the PROVIDER and its officers, agents, employees,
and employers, to the extent permitted by applicable law, from and against all claims and/or losses
whatsoever accruing or resulting to any person, firm or corporation for damages, injuries or death
incurred by reasons of any act or failure to act by the County of Monterey and County of Monterey
Emergency Medical Services Agency or their officers, agents, and employees in connection with the
performance of this Agreement.
17. Nothing in this AGREEMENT shall be construed to create a relationship of employer and employee,
or principal and agent, partnership, joint venture, or any relationship other than that of independent
parties contracting with each other solely for the purpose of carrying out the provisions of the
AGREEMENT.
18. Entry into this Agreement does not waive any rights maintained by PROVIDER pursuant to Health
and Safety Code Section 1797.201, including the right to provide emergency medical services and
medical transportation services within the boundaries of the City of Carmel-by-the-Sea.
In WITNESS HEREOF, the parties have executed this Agreement on the date written below.
______________________________ County of Monterey
By: __________________________ By: ______________________________
Dated: _______________________ Dated: ____________________________
APPROVED AS TO FORM:
By: __________________________
Susan K. Blitch
Deputy County Counsel
Office of the County Counsel
Dated: ________________________
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