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HomeMy WebLinkAboutItem 2j - Prehospital Care Continuing Education and Quality Improvement Services DATE: August 1, 2017 TO:Honorable Mayor and City Council FROM:Michael E. Lang, Fire Chief By: Kevin Valentine,BattalionChief SUBJECT:PROFESSIONAL SERVICES AGREEMENT WITH UCLA MEDICAL CENTER FOR PREHOSPITAL CARE FOR PARAMEDIC AND EMERGENCY MEDICAL TECHNICIAN CONTINUING EDUCATION (“CE”) AND QUALITY IMPROVEMENT (“QI”) IN AN AMOUNT NOT TO EXCEED $30,000 Recommendation: Approve SUMMARY TheCounty of Los Angeles and the State of California Health and Human Services Emergency Medical Services (“EMS”) Authority require that paramedic and EMS agencies continue to fulfill EMT-Basic and EMT-Paramedic continuing education (“CE”) and recertification requirements for its EMS personnel, and to provide quality improvement services (“QI”) to maintain or enhance the quality of patient care. It is recommended that the City Council approve a Professional Services Agreement with UCLA Medical Center to provide prehospital care continuing education (“CE”)for its Paramedic and Emergency Medical Technicianand quality improvement (“QI”)services in an amount not to exceed $30,000.The Agreement would be for a three-year term with an option to renew for an additional three one-year contract extensions. BACKGROUND Since 2001, the UCLA Medical CenterforPrehospital Care (“UCLA”)has provided personalized, onsite continuing education and quality improvement services for the Fire Departmentthrougha dedicatedNurse Educator. Essentially, the Nurse Educator assigned to the Arcadia Fire Department rides with our paramedics, delivers quality improvement-based continuing education,and assists in the annual Los Angeles County Department of Health Services onsite Emergency Medical Services audit. PSA for Prehospital Care Continuing Education andQuality ImprovementServices August 1, 2017 Page 2of 3 Because of their services, the UCLA Center for Prehospital Carehas been instrumental in placing the Arcadia Fire Department in the forefront within Los Angeles County providing the highest quality of prehospital care to the citizens of this community. Their services have also brought the Fire Department praise withinthe Emergency Medical Services field for the quality improvement and documentation that has allowed the Arcadia Fire Department to be considered a model for other EMS agencies within Los Angeles County. DISCUSSION Emergency medical services in California are rooted in the skills and commitment of the first responders including EMT’s;to ensure quality patient care, the state recognizes the importance of their ongoing continuing education and consistent delivery of quality patient care services. ThroughUCLA, the assigned Nurse Educator would continue to conduct on-site continuing education in prehospital and emergency medicine to maintain certification and licensees of the Department’s sixty (60)EMT-Basic and EMT- Paramedic personnel. Additionally,the Nurse Educator would continue to providequalityimprovement activities to maintain or enhance the quality of patient care such as developing a system to review the Department’s patient care reports;providing direct field observation; assisting in fact-finding for specific incidents;and attending the Los Angeles County EMS Agency Quality Improvement Committee meetings to gather information regarding updates and changes to policies and/or procedures. Since 2001, the UCLAMedicalCenter for Prehospital Care has provided superior performance and excellent onsite education to the Arcadia Fire Department. The work assigned toUCLA has beenperformed in a timely, reliable, and efficient manner. UCLA is also the only provider who conducts in-house continuing education in prehospital and emergency medicine to maintain certification and licensure as EMT- Basic or EMT-Paramedic while providing quality improvement service to sustain or enhance the quality of patient care. This service is a highly specialized field providing our Paramedics and EMTs state mandated education. Other surrounding agencies who are utilizing such services offered by UCLA include Downey, El Segundo, Glendale, Manhattan Beach, Monrovia, Montebello, Monterey Park, Redondo Beach, San Gabriel, San Marino, and West Covina. Based on their reliability, service and the excellent relationship with our Nurse Educator and UCLA, it is recommended that a three-year Agreement is executed with the option to renew for anadditional three one-year contract extensions. PSA for Prehospital Care Continuing Education andQuality ImprovementServices August 1, 2017 Page 3of 3 FISCAL IMPACT Sufficient funds in the amount of $30,800 have been budgeted in the Operating Budget for Fiscal Year 2017-18. The UCLA Medical Center for Prehospital Care has agreed to base their annual increase on the Consumer Price Index (“CPI”) for the greater Los Angeles Area not to exceed 3% annually. RECOMMENDATION It is recommended that the City Council approve, and authorize and direct the City Manager to executea Professional Services Agreement with UCLA Medical Center to provideprehospital carecontinuingeducation(“CE”)foritsParamedic and Emergency Medical Technicianand Quality Improvement (“QI”)Servicesin an amount not to exceed $30,000, with the option to renew for three one-year extensions. Attachment:Proposed Professional Services Agreement UCLA And The City of Arcadia Services Agreement This Agreement ("Agreement") is made and entered as of July 1, 2017by and between The Regents of the University of California, a California constitutional corporation, on behalf of the Center for Prehospital Care ("UCLA") and The City of Arcadia ("City"), on behalf of the Arcadia Fire Department ("Department"). RECITALS A. The UCLA Center for Prehospital Care conducts continuing education in prehospital and emergency medicine to maintain certification and licensure as EMT-Basic or EMT-Paramedic (collectively referred to as "CE Programs") and provides quality improvement services to maintain or enhance the quality of patient care (referred to as "QI Services"). B.Department desires to utilize the services to maintain the certifications of their employees and to continue to deliver quality patient care to their community. NOW THEREFORE, the Parties hereby agree as follows: Article 1 Rights and Responsibilities of UCLA 1 1.1Provide a Nurse Educator (“Educator”)UCLA shall provide one Educator to Department to conduct CE Programs and QI Services. The Educator shall be subject to the mutual approval of both UCLA and Department. 1.2Provide CE Programs. 1.21Scheduling CE Programs.CE Programs will be provided on each of three shifts monthly for three hours. UCLA shall develop a schedule and submit it to Department for approval. The schedule will provide a minimum of twenty- four (24) hours of continuing education for each Department EMT-Paramedic and twelve (12) hours of continuing education for each Department EMT- Basic. This will provide a Department Paramedic thirty-six (36) hours of continuing education annually if he/she attends all continuing education conducted on their scheduled shifts. 1.22CE Program Content.All Education Programs shall meet the criteria established by the County of Los Angeles and the State of California to fulfill EMT-Basic and EMT-Paramedic continuing education and recertification requirements. Content shall be developed in collaboration with Department. 1.3Provide QIServicefor Fire Department. 1.31On Site Evaluation.The Educator shall ride along and evaluate Department paramedics under field conditions and design and provide education to any specific needs identified. 1.32Quality Improvement Activities.The Educator shall develop, coordinate and maintain a quality improvement plan for Department. This shall include: 2 developing a system to review Department's patient care reports, developing patient care report review criteria, reviewing patient care reports, coordinating quarterly quality improvement meetings, providing direct field observation, developing a plan to evaluate the competency of Department personnel, assisting in fact-finding for specific incidents and attending the Los Angeles County EMS Agency Quality Improvement Committee meetings to gather information regarding updates and changes to policies and/or procedures and repo1iing to the Department 1.33Reports and Records.The Educator will report on QI Activities to the fire chief and QI designee (as identified in Section 3.2) and implement the recommendations under the direction of the QI Designee. Article 2 Confidentiality 2.1Definition. For purposes of this Agreement, the term "Confidential Information" shall mean any information disclosed in order to accomplish the work under this Agreement by one pa1iy ("Disclosing Party'') to another party ("Receiving Party'') that is considered confidential by the Disclosing Party, provided such information is in writing or other tangible form and clearly marked as confidential whendisclosed, or is so designated in writing within thirty (30) days of such disclosure. The parties agree to disclose only information that is necessary tothe work and to send such information directly to the parties noticed in Section 9 of this Agreement. 3 2.2Obligations of the parties.The Receiving Party agrees, to the extent permitted by law, that Confidential Information shall remain the property of the Disclosing Party and that the Receiving Party shall only use, disclose or distribute Confidential Information within its own organization as is reasonably necessary to carry out the intent of this Agreement. For the period of the Agreement and for a period of five (5) years after disclosure, Confidential Information shall not be used or disclosed to others except in furtherance of this Agreement, provided, however, that the foregoing obligation of non-use and non-disclosure shall not apply to any portion of the Confidential Information that: 2.21is or shall have been known to the Receiving Party before his/her receipt thereof; 2.22is or shall have been disclosed to the Receiving Party by a third party; 2.23is or shall have become known to the public other than through the Receiving Party; 2.24is independently created by the Receiving Party's personnel who have had no exposure to the Confidential Info1mation; or 2.25is required by law, regulation, a court of competent jurisdiction or any rules of civil procedure applicable to any court or administrative proceeding to be disclosed. 2.3Return of Confidential Information.Upon the expiration or earlier termination of this Agreement, the Receiving Party shall promptly return to the Disclosing Party all 4 Confidential Information of the Disclosing Party and any copies made thereof, whether in written, electronic or any other form. Article 3 Rights andResponsibilities of Department 3.1Provide Space and Equipment.Department shall provide a classroom sufficient to provide quality instruction, audiovisual equipment, and access to department equipment and supplies for the purposes of instruction. 3.2Designate QI Person.Department shall designate a person responsible for QI Services in the Department and to receive the information under this agreement and direct the QI Activities ("QI Designee"). 3.3Responsibility.Department understands and accepts the responsibility for the clinical activities and care provided by its employees and agents and for the implementation of the QI Services under this Agreement. Article 4 Term 4.1The term of this Agreement shall commence on July 1, 2017 and be in effect through June 30, 2020. This Agreement shall automatically renew for three additional one- year terms unless terminated earlier as set forth in this Agreement. Article 5 Termination 5 5.1Termination without Cause.Either pa1ty may terminate this Agreement at any time without cause by providing the other party with sixty (60) days’ notice to the names set forth in Article 9 below. 5.2Termination for Cause.Either party may terminate this Agreement for cause or a material breach by providing the other party with thirty (30) days written notice to the names set forth in Article 9 below. If the breaching party fails to cure the breach, the termination shall be effective at the end of the thirty (30) day period. Article 6 Payment 6.1Compensation for Services.Department agrees to compensate UCLA for the services provided by the Educator under this Agreement. Departmentagrees to pay $29,098.60per year for the services covered under this agreement. UCLA shall bill $2,424.88monthly. At the end of each one year· term, as set forth in section 4.1. UCLA shall increase the cost of the services by changes in the consumer price index in the Greater Los Angeles Area, not to exceed 3% per year, to cover cost of living changes. Department shall pay amounts due within thirty (30) days of receipt of the invoice from UCLA. 6.2Payment.Any payment to UCLA made pursuant to this Agreement shall be made by check payable to the Regents of the University of California and mailed to: Business Services Director UCLA Center for Prehospital Care 6 10990 Wilshire Blvd. Suite 1450 Los Angeles, CA 90024 Article 7 Insurance 7.1The parties agree to obtain and maintain the insurance set forth in Exhibit A. Article 8 Indemnification 8.1Department and the City agree to defend, indemnify, and hold harmless UCLA, its officers, employees and agents from and against any and all liability, loss, expense (including reasonable attorneys' fees) or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the Department, its officers, employees or agents. 8.2UCLA agrees to defend, indemnify, and hold harmless Department and the City, its officers, employees and agents from and against any and all liability, loss, expense (including reasonable attorneys' fees) or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of UCLA, its officers, employees or agents. 7 Article 9 Notice 9.1Any notice required to be given to any Party is deemed to have been given and to be effectiveon the date of delivery if delivered in person, or five days after mailing if mailed by first-class certified mail, postage paid, or on the date of the fax confirmation if made by fax, to the respective addresses given below or to any other address as designated in writing to the other Party: UCLA: Todd LeGassick, ExecutiveDirector UCLA Center for Prehospital Care 10990 Wilshire Blvd. Suite 1450 Los Angeles, CA 90024 Department: Arcadia Fire Department 710 S Santa Anita Arcadia, Ca. 91006 8 With a copy to: __________________________ __________________________ __________________________ Article 10 Use of Name 10.1Neither party may use the name or logo of the other, in any advertising, publicity or otherwise, without the prior written approval of an authorized representative of the other Party. Department acknowledges and agrees that use of the names UCLA Center for Prehospital Care, UCLA Health System, the David Geffen School of Medicine at UCLA, the "University of California" or other similar references to the University of California Los Angeles, its physicians, staff or facilities, shall be subject to the prior written approval of the Regents of University of California in accordance with the provisions of applicable law, including but not limited to California Education Code Section 92000, and University of California Policy. Article 11 General Terms 11. 1Relationship.This Agreement is not construed as creating a partnership, joint venture, or agency relationship among the Parties. The relationship between the patties shall at all times be that of independent contractors 9 11.2Governing Law.This Agreement must be interpreted and construed according to the laws of the State of California. 11.3Modifications.Any amendments or modifications to this Agreement must be in writing and signed by authorized representatives of both parties. 11.4Assignment.Neither Partymay assign their rights, duties, or obligations under this Agreement, either in whole or in part, without the prior written consent of the other Party. 11.5Severability.The provisions of this Agreement are severable. If any provision of this Agreement is determined to be invalid or unenforceable under any controlling body of law, the invalidity or enforceability does not in any way affect the validity or enforceability of the remaining provisions of this Agreement. 11.6Waiver.Waiver by any Party of any breach of any provision of this Agreement or warranty or representation shall not be construed as a waiver of any subsequent breach of the same or any other provision. The failure to exercise any right in this Agreement shall not operate as a waiver of such right. 11.7Entire Agreement.This Agreement, and the Exhibits, contain the entire Agreement between the parties with respect to the subject matter of the Agreement and supersedes all prior written or oral agreements with respect to the subject matterin the Agreement. 11.8No Third Party Beneficiaries.None of the provisions contained in this Agreement are intended by the parties, nor shall they be deemed, to confer any benefit on any person not a party to this Agreement. 10 11.9Non-solicitation.City and Departments agree that they will not solicit UCLA Educator(s) for employment at the City or Departments during the term of the Agreementand for twelve (12) months after the end of its term. 11.10Review of Electronic Files.City agrees that UCLA Educator(s) will have access to patient files, for review as necessary for audit purposes, in providing the services herein, in accordance with applicable laws, rules and regulations. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the dates indicated. The Regents of the University of CaliforniaCity of Arcadia, on behalf of the on behalf of the UCLA Center forArcadia Fire Department Prehospital Care“City” “UCLA” By: ________________________________By: ___________________________ Name: Dr. John Mazziotta, MDName: ________________________ Title: Vice Chancellor, Health SciencesTitle: __________________________ Date: _______________________________Date: _________________________ 11 Exhibit A Insurance I.Department Department at its sole cost and expense shall insure its activities in connection with this Agreement by maintaining programs of insurance or self-insurance as follows: 1.General Liability Self-Insurance with a limit of five million dollars ($5,000,000) per occurrence. 2.Business Automobile LiabilitySelf-Insurance Program for owned, non- owned, or hired automobiles with a combined single limit of not less than five million dollars ($5,000,000) per occurrence. 3.Professional Medical Self-Insurance Program with limits of five million dollars ($5,000,000) per occurrence. 4.Workers' Compensation and Employers Liability Self-Insurance Program covering City's full liability under the Workers' Compensation Insurance and Safety Act of the State of California as amended from time to time. 5.Such other insurance in such amounts which from time to time may be reasonably required by mutual consent of the parties against other insurable risks relatingto perf01mance. It should be expressly understood, however, that the coverages required under Sections 1, 2 and 3 above shall not in any way limit the liability of Department and the City. The coverages referred to under Sections 1 and 2 above shall include UCLA as an insured. Such a provision, however, shall apply only in proportion to and to the extent of the negligent acts or omissions of Department and the City, its officers, employees and agents under this Agreement. Department and the City, upon execution of this Agreement, shall furnish UCLA with Certificates of Self- Insurance evidencing compliance with all requirements. II.UCLA UCLA at its sole cost and expense shall insure its activities in connection with thisAgreement by maintaining programs of self-insurance as follows: 1.General Liability Self-Insurance with a limit of five million dollars ($5,000,000) per occurrence. 2.Business Automobile Liability Self-Insurance Program for owned,or hired automobiles with a combined single limit of not less than five million dollars ($5,000,000) per occurrence. 3.Professional Medical and Hospital Liability Self-Insurance Program with limits of five million dollars ($5,000,000) per occurrence. 4.Workers' Compensation and Employers Liability Self-Insurance Program covering University's full liability under the Workers' Compensation Insurance and Safety Act of the State of California as amended from time to time. 5.Such other insurance in such amounts which from time to time may be reasonably required by mutual consent of the parties against otherinsurable 12 risks relating to performance. It should be expressly understood, however, that the coverages required under Sections 1, 2and 3 above shall notin any way limit the liability of UCLA. The coverages referred to under Sections 1 and 2 above shall include Department and City as insureds. Such a provision, however, shall apply only in proportion to and to the extent of the negligent acts or omissions of UCLA, its officers, employees and agents under this Agreement. UCLA, upon execution of this Agreement, shall furnish Department with Certificates of Self-Insurance evidencing compliance with all requirements. III.NOTICE Each party shall provide the other with at least thirty (30) days advance written notice to the names set forth in Article 9 of this Agreement of any changes, modifications or cancellations of the above coverages. 13