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HomeMy WebLinkAboutC-2995 1160 -5- 0 C t' 15 Agreement No.H 706559 MEMORANDUM OF AGREEMENT PREHOSPITAL EMERGENCY MEDICAL CARE ENHANCEMENT PROGRAM THIS MEMORANDUM OF AGREEMENT (hereafter "MOA") is made and entered into this \ S day of JUhe_ , 2015, By and between COUNTY OF LOS ANGELES (hereafter "County") And CITY OF ARCADIA ON BEHALF OF ITS FIRE DEPARTMENT (hereafter "Provider"). WHEREAS, pursuant to the Act, County has designated its Department of Health Services as the local EMS Agency, and WHEREAS, pursuant to the authority granted under the Emergency Medical Services and Prehospital Emergency Medical Care Personnel Act (Health and Safety Code, Sections 1797.218, et seq., hereinafter referred to as Act), the County has established and maintains, through the County's Department of Health Services' (DHS) Emergency Medical Services Agency (EMS Agency), an advanced life support (ALS) system for providing Emergency Paramedic Transportation Services; and WHEREAS, under the California Health and Safety (H&S) Code, Division 2.5, Chapter 4, Article 1, Section 1797.204 the local EMS Agency shall plan, implement, and evaluate an emergency medical services system, in accordance with the provisions of this part, consisting of an organized pattern of readiness and response services based on public and private agreements and operational procedures; and WHEREAS, under Title 22, California Code of Regulations (CCR), Division 9, Chapter 3, Article 5, Section 100128 (a) (5) (A)—(E) requires the EMS Agency and EMS provider to have written policies and procedures for initiating, completing, reviewing, and retaining patient care records; and WHEREAS, under Title 22, CCR, Division 9, Chapter 4, Article 7, Section 100170 (a) (6) (A)—(B) requires the EMS Medical Director and EMS provider to have written policies and procedures for the initiation, completion, review, evaluation, and retention of a patient care record; and Prehospital Emergency Medical Care Enhancement Program Page 1 Memorandum of Agreement I WHEREAS, Provider is a Jurisdictional Fire Department or Emergency Ambulance Transportation Service Provider and has been selected through the Prehospital Emergency Medical Care Enhancement Program (Program) Request for Application process; and WHEREAS, the parties agree that the MOA, as applicable, does not qualify as or affect in any manner the Providers' California H&S Code Sections 1797.201 or 1797.224 standing, and that this MOA is solely for the purpose of establishing terms and conditions of reimbursement by County to Provider for the purchase of a new or upgrade of an existing electronic Patient Care Record (ePCR) System, and does not impact any of the Provider's present or future rights under California H&S Code Sections 1797.201 and/or 1797.224. NOW, THEREFORE, the parties hereto agree as follows: 1.0 SCOPE 1.1 Provider shall purchase a new or upgrade an existing ePCR System to assist in the identification and facilitation of the delivery, maintenance, and improvement of prehospital care in order to meet the delivery of Emergency Medical Care to the sick and injured at the scene of an emergency within the County, efficiently and appropriately. 1.2 Provider shall be responsible for the selection and procurement of a vendor for the ePCR system that is in compliance with the EMS Agency's Policy Nos. 602, 606, and 607, Confidentiality of Patient Information, Documentation of Prehospital Care, and Electronic Submission of Prehospital Data, respectively. 1.3 Provider shall purchase a new or upgrade an existing ePCR System(s)within twelve (12) months after execution of this Agreement to receive reimbursement by County. 1.4 Provider shall be responsible for maintaining the ePCR System purchased through this MOA after completion of the Program. 1.5 Provider agrees to utilize the ePCR System in a manner consistent with standards, policies, and procedures of the EMS Agency. Provider agrees that in such utilization it shall provide prehospital care as needed without regard to a person's ability to pay. 2.0 TERM 2.1 The term of this MOA shall be one year commencing after execution by the Director of Health Services (Director) or his designee, unless sooner terminated or extended, in whole or in part, as provided in this MOA. Prehospital Emergency Medical Care Enhancement Program Page 2 Memorandum of Agreement I 2.2 In any event, this MOA may be terminated at any time by either party by giving at least thirty (30) calendar days advance written notice to the other party. 3.0 PAYMENT AND INVOICE Payment 3.1 The maximum amount that the County shall reimburse Provider for the purchase of a new or upgraded of an existing ePCR System shall not exceed $7,450. 3.2 County shall not reimburse Provider for the purchase of an ePCR System if Provider has already received funding from a grant or any other third party source to offset the cost of ePCR System(s). Invoices 3.3 Provider shall submit two (2) copies of invoice(s) with vendor proof of payment to the County that reflects and provides details, as identified in Exhibit I for the purchase of a new or upgrade of an existing ePCR System. Invoice(s) and proof of vendor payment shall be forwarded to County within thirty (30) days after payment to ePCR vendor to the following address: Department of Health Services Emergency Medical Services Agency 10100 Pioneer Blvd., Suite 200 Santa Fe Springs, CA 90670 Attn: Kay Fruhwirth, County's Project Director County Approval of Invoices All invoices submitted by the Provider for payment must have the written approval of the County's Project Director prior to any payment thereof. In no event shall the County be liable or responsible for any payment prior to such written approval. County shall reimburse Provider within ninety (90) days of receipt of complete and correct invoice(s)from Provider for the purchase of a new or upgrade of an existing ePCR System. 4.0 COUNTY ADMINISTRATION The Director shall have the authority to administer this MOA on behalf of the County. Director retains professional and administrative responsibility for the services rendered under this MOA. County's Project Director: Prehospital Emergency Medical Care Enhancement Program Page 3 Memorandum of Agreement I Kay Fruhwirth, County's Project Director Department of Health Services Emergency Medical Services Agency 10100 Pioneer Blvd., Suite 200 Santa Fe Springs, CA 90670 Telephone: (562) 347-1602 kfruhwirth(a�dhs.lacounty.gov The County shall notify the Provider in writing of any change in the name. 4.1 County's Project Director Responsibilities of the County Project Director include: • ensuring that the objectives of this MOA are met; and • providing direction to the Provider in the areas relating to County policy, information requirements, and procedural requirements. 5.0 PROVIDER ADMINISTRATION Provider's Project Manager 5.1.1 The Provider's Project Manager: M►/LE to t o s c P. "ice A r t rY4 A2Cp,r3 r /- ( , - °1 / ob( c-7'-/- c/a 7 "OA ,44-c,q/z Cry , The Provider shall notify the County in writing of any change in the name or address of the Provider's Project Manager. The Provider's Project Manager shall be responsible for the Provider's day-to-day activities as related to this MOA and shall coordinate with County's Project Manager on a regular basis. 6.0 GOVERNING LAW, JURISDICTION, AND VENUE This MOA shall be governed by, and construed in accordance with, the laws of the State of California. The Provider agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this MOA and further agrees and consents that venue of any action brought hereunder shall be exclusively in the County of Los Angeles. Prehospital Emergency Medical Care Enhancement Program Page 4 Memorandum of Agreement 7.0 INDEPENDENT PROVIDER STATUS 7.1 This MOA is by and between the County and the Provider and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between the County and the Provider. The employees and agents of one party shall not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever. 7.2 The Provider shall be solely liable and responsible for providing to, or on behalf of, all persons performing work pursuant to this MOA all compensation and benefits. The County shall have no liability or responsibility for the payment of any salaries, wages, unemployment benefits, disability benefits, Federal, State, or local taxes, or other compensation, benefits, or taxes for any personnel provided by or on behalf of the Provider. 7.3 The Provider understands and agrees that all persons performing work pursuant to this MOA are, for purposes of Workers' Compensation liability, solely employees of the Provider and not employees of the County. The Provider shall be solely liable and responsible for furnishing any and all Workers' Compensation benefits to any person as a result of any injuries arising from or connected with any work performed by or on behalf of the Provider pursuant to this MOA. 8.0 INDEMNIFICATION Provider shall indemnify, defend and hold harmless County, its Special Districts, elected and appointed officers, employees, and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from or connected with the Provider's acts and/or omissions arising from and/or relating to this MOA. 9.0 NOTICES All notices or demands required or permitted to be given or made under this MOA shall be in writing and shall be hand delivered with signed receipt or mailed by first-class registered or certified mail, postage prepaid, addressed to the parties as identified in Paragraph 5.0 and copies to: Kathy Hanks, CPM, Director Contracts and Grants Division 313 North Figueroa Street, 6th Floor East Los Angeles, California 90012 Addresses may be changed by either party giving ten (10) days' prior written notice thereof to the other party. Prehospital Emergency Medical Care Enhancement Program Page 5 Memorandum of Agreement IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this MOA to be executed by the County's Director of Health Services and Provider has caused this MOA to be executed in its behalf by its duly authorized officer,the day, month, and year first above written. COUNTY OF LOS ANGELES itchell H. tz, M.D. Director of Health Services CITY OF ARCADIA ON BEHALF OF ITS FIRE DEPARTMENT Signature Dominic Lazzaretto Printed Name City Manager Title APPROVED AS TO FORM: APPROVED AS TO FORM: Mark J. Saladino County Counselu"� n 1 Stephe P. Deitsch Deputy County Counsel O By TT Lillian Russell, Deputy County Counsel p-(2-ifIww, Al City Clerk Prehosphal Emergency Medical Care Enhancement Program Page 6 Memorandum of Agreement CITY OF ARCADIA ON BEHALF OF ITS FIRE DEPARTMENT PREHOSPITAL EMERGENCY MEDICAL CARE ENHANCEMENT PROGRAM BUDGET JUNE 15, 2015 - JUNE 14, 2016 County Cost Provider Maximum Hardware Quantity Per Unit Obligation Obligation TOTAL Item Description iPad Air 2 Wi-Fi + 1 Cellular 64GB 7 x $800.00 $2,800.00 $2,800.00 $5,600.00 Hardware Subtotal $2,800.00 $2,800.00 $5,600.00 • Software Item Description Emergency Reporting 1 Software and License 1 x $9,300.00 $4,650.00 $4,650.00 $9,300.00 Software Subtotal $4,650.00 $4,650.00 $9,300.00 Other Item Description x $0.00 $0.00 $0.00 $0.00 Other Subtotal $0.00 $0.00 $0.00 TOTAL COST $7,450.00 $7,450.00 $14,900.00