HomeMy WebLinkAbout1994-03-22; City Council; Resolution 94-851
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RESOLUTION NO. 94-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING FOR EMT-PARAMEDIC SERVICES BETWEEN THE CITY AND THE COUNTY OF SAN DIEGO.
WHEREAS, the City of Carlsbad and the County of S
Diego desire to enter into a Memorandum of Understanding for t
purpose of clarifying roles and responsibilities forthe medic
control of emergency medical services in the City of Carlsba
and
WHEREAS, the City Council has reviewed the propos
Memorandum of Understanding;
NOW, THEREFORE, BE IT RESOLVED by the City Council
the City of Carlsbad, California as follows:
1. That the above recitations are true and correc
2. That the Mayor is authorized to sign the attach
Memorandum of Understanding between the City of Carlsbad and t
County of San Diego.
PASSED, APPROVED AND ADOPTED at a Regular Meeting
the City Council of the City of Carlsbad held on the 22nd d
of MARCH 1994, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Nygaard, Finnila
NOES: None
ABSENT: Council
ATTEST:
ALETHA L. RAUT
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Exhibit 1
Page 1 of 6
h1E:MORANDUM OF UNDERSTANDTNG
170 I<
EMT-PARAMEDIC SERVICES
'I'IIIS h4ICR~ORANDUhf OF UNDERSTANDING is made between the COUNTY OF SAP
l)IICGO, hereinafter referred to as COUNTY, and the CITY OF CARLSBAD, hereinafte
referred to as CITY, to provide EMT-Paramedic (EMT-P) services.
.,
WITNESS ETI-I :
WIIERICAS the CITY 01; CARLSBAD has determined that EMT-Paramedic services will b(
providcd within the CITY OF CARLSBAD, and CITY possesses certain skills, experience
eclucation and competency to perform certain specialized services regarding the provision an(
managcn1ent of advanced life support; and
\VIIERL4S, CITY and COUNTY desire to enter into this Memorandum of Understanding fo
the purpose of clarifying roles and responsibilities for the medical control of Emergency Medica
Scrviccs in the CITY OF CARLSBAD.
\ViII<RI<AS, the CITY has provided Emergency Medical Services for many years and advance(
life support services since 1977 and continues to provide and administer Emergency Medica
Services within the City of Carlsbad pursuant to its "grandfather" status under Health and Safet7
Code Section 1797.201.
NO\Y, 'I~lIlCl~l~l~OI<E, the parties hereto do mutually agree to the terms and conditions a
attached and set forth in this Memorandum of Understanding.
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Exhibit 1
Page 2 of 6 I. AIIMINIS'I'RATION OF MEMORANDUM OF UNDERSTANDING
COIJN'I'Y's Chief, Ihergeucy hledical Services, hereinafter called COUNTY'S ADhIINISTRATOR,
sh;~Il represent COUNTY in all matters pertaining to the performance under this Memorandum of
Il~~tlc~~st;~~~tli~~~ ant1 sl~all administer tllis Memorandum of Understanding on behalf of COUNTY. Fire
Cllief, City of Cnrlshad shall represent CITY and shall administer this Menlorandurn of Understanding.
in ;Iccordance with its terms and conditions on behalf of CITY. All reports, letters, notices and/or otlyer
correspontlencc shall be sent to the attention of the designated representatives at their respective
iItltlrcSScS.
II. TERhl OF MEMORANDUM OF UNDERSTANDING
'1'1~ term of this Memorandum of Understanding shall be from May 1 , 1994
iIiltI will continue until terminated by either party.
CI'I'Y and COUNI'Y shall review this Memorandum of Understanding every two years to ensure
app1ical)ility to current conditions, policies, procedures and protocois.
111. I~13SI)ONS113II~I'I'II~S OF 1'hR'fIES
A. Responsibilities of COUNTY
1. To provide, under the authority of Section 1797 et. seq. of the Health and Safety
Code, the following services:
a. '. Approval of the EMT-Paramedic (EMT-P) training prograrn(s) in the
County of San Diego pursuant to the California Code of Regulations,
Title 22, Division 9, Chapter 4.
b. Standards for accreditation/authorization of EMT-Paramedics (EMT-Ps)
and Mobile Intensive Care Nurses (MICNs), in San Diego County,
pursuant to California Code of Regulations, Title 22, Division 9.
C. Contracts with designated base hospitals to provide immediate medical
direction and supervision of the ALS system for the area defined by the
local EMS agency.
2. To provide prehospital report forms or alternate data collection method in
accordance with California Code of Regulations, Title 22, Division 9, Chapter
4.
3. To review this Memorandum of Understanding every two years to ensure
compliance with applicable standards, regulations, policies, procedures and
protocols.
4. 'To take immediate corrective action where there is a failure to meet
"Responsibility of the COUNTY".
13. " IZesponsibilitics of CITY
1. To provide EMT-Paramedic services within the boundaries of its local
jurisdiction and within adjoining areas as specified by agreements with adjoining
13h,ll'-l'al.irlllctlic service providcrs.
CAIII,Sl3?\D/hlOlJ 2
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Exhibit 1 Page 3 of .6 2. To participate in the ALS program consistent with applicable provlslons wlth~n
Title 22 of the California Code of Regulations, Division 9, Chapter 4.
3. To develop and operate EMT-P services consistcnt with applicable provisions
withill the California Code of Regulations, Title 22, Division 3, Chapter 4.
CITY may subcontract all or a portion of these services. CITY is responsible
for ensuring that any and all subcontractors provide services consistent with this
Memorandum of Understanding and applicable provisions within the California
Code o€ Regulations, Title 22, Division 9, Chapter 4.
4.
5.
6.
7.
8.
9.
IO.
11.
12.
13.
CITY intends to maintain and operate at least one (1) properly equipped,
supplicd and staffed EMT-P ambulance seven days a week, 24 hours a day. In
addition, CITY may, solely at its discretion, decide to maintain and operate
EMT-P staffed fire response vehicles (assessment engines). If such vehicles are
operated, they will be properly equipped, supplied and staffed. All units will
comply with the policies, procedures and protocols for medical control as
established by the COUNTY.
To staff each EMT-P responding ambulance unit with at least two EMT-Ps. If
CITY decides to operate assessment engines, each engine shall have at least one
(1) EMT-P at all times. CITY will notify the COUNTY when changes in
service levels occur.
For the purpose of this Agreement, an EMT-P is an individual certified in the
State of California as an EMT-P and accredited by the San Diego County EMS
h4edical Director to operate as an EMT-P in San Diego County, pursuant to
Section 1797 et. seq. of the Health and Safety Code.
To provide the citizens of the local jurisdiction with information on the 911
system and where and how to obtain cardiopulmonary resuscitation (CPR)
training.
To ensure that all EMT-P personnel comply with the continuous accreditation
requirements of the COUNTY.
To cooperate with the approved EMT-P training programs in providing field
internship locations for paramedic interns.
To develop niuhial aid and/or call-up plans for providing EMT-P service in an
area in the event the unit assigned to the area is not operable or is away from the
area for other reasons. Automatic response plans may be developed by the local
jurisdiction with the concurrence of adjoining EMT-P services.
To appoint an Agency Paramedic Coordinator, to serve as liaison between the
agency, the COUNTY, base hospital, receiving hospitals, basic life support
(BLS) provider agencies and public safety agencies operating within the service
area.
To provide orientation for first responder agencies to ALS functions and role.
To use best efforts to provide for a planned maximum ALS response time of ten
rninutcs.
To participate in local EMS planning activities, including disaster management.
CAI<I,SlIAlIlh~iOlJ 3
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1. Exhibit .1 Page 4 of 6 14. 'To comply with all applicable State statutes, regulations, local standards, policies,
procedures and protocols.
15. To implement and maintain a Quality Assurance/Quality Improvement Program
that interfaces with the local EMS agency's systemwide Quality Improvement
Program, which includes cooperation with the base hospitals' quality
improvement process and is approved by the local EMS agency.
16. To immediately notify the Chief, Division of Emergency Medical Services, or
designee, whenever any condition exists which adversely affects the local
jurisdiction's ability to meet the conditions of this Memorandum of
Understanding.
17. CITY to implement staffing patterns for EMT-Ps that do not rourinely require
tllem to work scheduled shifts as paramedics or first responders for greater than
48 hours wilhin any 60 hour period.
18. To provide suficient unit security, safety and housing such that supplies and
equipment are secured and pharmaceuticals are double locked.
19. To take immediate corrective action where there is a failure to meet
"Responsibilities of the CITY".
IV. CITY'S STANDARDS
CITY sh;~ll adopt CITY'S own performance standards for the purposes of Paragraph 1II.B. above and
~t~i~ll rnonitor its compliance with them.
V. NOTICE
A. """ Notice Pursuant ""- to this Memorandum of Understanding Any notice or notices required
or permitted to be given pursuant to this Memorandum of Understanding may be
personally served on the other party by the party giving such notice, or may be served
by certified mail 'or registered mail, to the officials cited in Paragraph I.
13. - Notice of Delay CITY shall, within five (5) days of the beginning of any delay in the
performance ofthis Memorandum of Understanding, notify the County's Administr:ltor,
in writing, of the said delay, causes and remedial action to be taken by CITY.
COUNTY shall, within five (5) days of the beginning of any delay in the perfornxmce
of this Memorandum of Understanding, notify the Fire Chief, in writing, of the said
delay, causes and remedial action to be taken by COUNTY.
VI. AMENDMENTS, OPERATING MEMORANDA AND TERMINATION
A. Amendments COUNTY and CITY may request written amendment to this Memorandum
of Understanding. Such amendments, as agreed upon in writing, by and between
County's Chief, Emergency Medical Services and CITY are not in force until approved
by the COUNTY and the CITY.
B. Termination of Azreement for Convenience Either party may terminate this
Memorandum of Understanding upon forty-five (45) days written notice to the other
party.
CAI~I.SI3AI)/I\lOU 4
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Exhibit 1
VII. P.4lYI'IES NOT AGENTS OF EACH OTHER Page 5 of 6
CI'I'Y, for all purposes arising out of this Memorandum of Understanding, shall not be deemed an
employee, ofliccr or agent of COUNTY. COUNTY, for all purposes arising out of this Memorandum
ol' Ul~tlcrstantling, shall not be deemed an employee, officer or agent of CITY.
VIII. CONI~IDllN'I'IAI,I?'Y
C'I'I'Y shill1 maintain the confidentiality of its records, including but'not limited to prehospital patient
records ant1 quality assurance audits, in accordance with all applicable State and Federal laws relating to
confitlen[iality. CITY shall inform all its offkers, employees and agents, and others providing services
Iweulltlcr. of said confidentiality provisions. COUNTY shall maintain the confidentiality of all records
rnatlc available hereunder during and after the terms of this Memorandum of Understanding.
IX. MAINTENANCE OF RECORDS
All quality assurance and lnedical control records under this Memorandum of Understanding shall be
maintained by CITY for a minimum of three (3) years. COUNTY, at its option,,may make a copy, at
C;OUN'I'Y expense, of CITY'S quality assurance and medical control records.
X. I'l3RFORMANCE AUDITS AND INSPECTION OF RECORDS
Aulllorizctl I'cderA, State or County representatives shall have the right to monitor, assess and evaluate
CI'I'Y's performance pursuant to this Memorandum of Understanding, said monitoring, assessments and
cvduations to include but not be limited to audits, inspection of premises, reports (excluding personnel
records a~ld rep tis , patient records and interviews of staff in matters dealing with issues covered by this
Memor;\ndum f4 derstanding. During normal business hours CITY shall make available to County,
State and Feder 0 1 officials for examination of'all its records with respect to matters covered by this
Memorandum of Understanding and will permit authorized County, State or Federal officials to audit,
examine, copy and make excerpts or transcripts from such records, and to make audits of all pertinent
informa[ion regarding patients' receiving services, and other data. It is understood that COUNTY shall
coordinate all such audits and inspections through the CITY Paramedic Coordinator or Paramedic
Contrilct Administrator.
XI. CITY'S STANDING
'illis h4cn1orandum of Understanding is not'a written agreement between the CITY and the COUNrY
for Ihe purpose of Health and Safety Code Section 1797.201, and the CITY does not waive its
"gr;lntlfalher" status under Health and Safety Code Section 1797.201.
XII. IIO1,D 1rARhlLESS ..
CITY agrees to defend, indemnify, protect and hold COUNTY and its agents, officers and employees
I~ar~~llcss fro111 and against any and all claims asserted or liability established for damages or injuries to
any person or property, including injury to CITY employees, agents or offices, which arise from or are
cotlnectetl with or are caused or claimed to be caused by the acts or omissions of CITY and its agents,
ol'l'iccrs or clnployccs, in perli)rming thc work or services herein, and all expenses of invcstigating and
tlcfc~~tling against same; provided, however, that CITY'S duty to indemnify and hold harmless shall not
include any claims or liability arising from the established sole negligence or willful misconduct of the
COIJN'I'Y, its agents, officers or employees.
CAI<J,SI3AIIIhlOU 5
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Exhibit 1
4 I. Page 6 of 6 COIJN'I'Y agl-ces Lo defend, indemnify, protect and hold CITY and its agents, officers and employees
har~nlcss from and against any and all claims asserted or liability established for damages or injuries to
any pcrson or property, including injury to COUNTY employees, agents or officers, which arise from
or itre conncctctl wid1 or are caused or claimed to be caused by the acts or omissions of COUNTY, its
agenls, ollicers or employees, in performing the work or services herein, and all expenses of investigating
and dcfending against same; provided, however, that COUNTY'S duty to indemnify and hold harmless
slxrll not include any claims or liability arising from the established sole negligence or willful misconduct
of CI'I'Y, its agents, oflicers or employees.
IN '\YI'I'NISSS 'I'~IEREOF, COUNTY AND CITY have executed this MEMORANDURI OF
UNl~l~l~Sl'ANI~ING to be effective upon the date authorized by the Board of Supervisors of COUNTY:
, 1994.
CI'
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COUNTY OF SAN DIEGO:
BY
.COUNTY OF SAN DIEGO
NAME CT.AIII)E A. J,EWTS Clerk of the Board of Supervisors .
,. ,. I 1 I LE MAYOR
"
(Rcscrvetl for County Counsel Approval) (Reserved for Auditor-Controller Assignment
of County Contract Number)
(Rcserved for Clcrk of the Bourd of
Sllpel.visol.s'Posling of Minute Order) '
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CARI,SIIAD/h.IOU 6