ORIGINAL
PROFESSIONAL SERVICE AGREEMENT
AGREEMENT
7 111 THIS AGREEMENT, dated for purposes of identification only this day of , 2019, is made and entered into by and between the
CITY OF ANAHEIM, a municipal corporation, hereinafter referred to as "ANAHEIM,"
A
CARE AMBULANCE SERVICE, INC., a California Corporation, hereinafter referred to as "CONTRACTOR."
WITNES SETH:
WHEREAS, ANAHEIM issued a Request for Proposals for Emergency Medical Transportation and Related Services to obtain an exclusive primary provider of ambulance transport services. A copy of said Request for Proposals is available on the City Clerk for reference and is hereinafter referred to as "RFP"; and
WHEREAS, CONTRACTOR submitted a Proposal dated
December 28, 2018 (hereinafter referred to as "RFP Response"), a copy of which is on file with the City Clerk and certain portions of which are incorporated herein by this reference as specifically provided herein; and
WHEREAS, CONTRACTOR is an ambulance provider that is fully licensed and otherwise qualified to perform the work required by this Agreement and was selected by ANAHEIM following evaluation of proposals submitted in response to said RFP; and WHEREAS, ANAHEIM desires to utilize the services of CONTRACTOR to provide primary ambulance transport services in accordance with all applicable laws, ANAHEIM' s RFP and selected options from CONTRACTOR's RFP Response; and
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES,
COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
SECTION 1. SCOPE OF SERVICE - RESPONSE AREAS
For reporting purposes, the response area includes the geographic areas in and around the City of Anaheim, including future annexations, as well as geography covered by the merging of services with non-Anaheim areas.
SECTION 2. GENERAL REQUIREMENTS
CONTRACTOR shall perform all contractual services in accordance with both the letter and spirit of all requirements, conditions, specifications, expectations, and other parameters delineated in the contract, to the complete satisfaction of ANAHEIM. All statements made and actions taken by CONTRACTOR in the execution of contractual obligations shall be done in a prudent, professional, and courteous manner that supports and/or advances ANAHEIM's Emergency Medical Services ("EMS") mission of optimizing patient outcome by providing superior quality patient care with proficiency and compassion. Most important, Contractor decision making and conduct shall always be guided by and reflect only the highest ethical standards, conform with the principles of fairness and equal justice, and demonstrate respect and dignity for all human beings.
A. CONTRACTOR will be responsible for ensuring that all facilities, properties, vehicles, material, and documents/records used or available for use in the performance of contractual services and/or in the execution of contractual obligations are in good condition, fully functional, and maintained in a clean, orderly, and organized manner.
B. CONTRACTOR shall designate one person, approved by ANAHEIM, as its official liaison to ANAHEIM who will serve as the primary contact and interface, and whose office shall be in Orange County or as close to as practical. In order to foster teamwork and efficiency, it is imperative that there be an outstanding working relationship and excellent communications between agencies and agency liaisons.
C. CONTRACTOR shall ensure that ambulance personnel have sufficient understanding of, and are at all times in compliance with, all applicable EMS-related laws (federal, state, local), including, but not limited to: (1) California Health & Safety Code, Division 2.5; (2) California Code of Regulations, Title 22, Division 9, Chapter 2; (3) California Vehicle Code; and (4) OCEMS policies, procedures, and standing orders.
D. CONTRACTOR shall ensure that ambulance personnel comply with all local, State and ANAHEIM protocols (i.e., official rules, policies, procedures, standing orders, guidelines, etc.), as well as CONTRACTOR's internal protocols. CONTRACTOR, including any individual ambulance operator, shall immediately bring to the attention of ANAHEIM any protocol that appears to conflict with other protocols in order to reconcile the inconsistency, contradiction, and/or ambiguity.
E. CONTRACTOR shall provide all services in this Agreement without regard to the patient's national origin, ethnicity, color, religion, sexual orientation, gender, age, insurance status, or ability/inability to pay. Any violation of this policy will be deemed a major breach and grounds for immediate contract termination.
F. CONTRACTOR shall develop and maintain a comprehensive and relevant Continuous Quality Improvement plan and system that compliments and interfaces with ANAHEIM' s CQI plan / quality management system.
G. CONTRACTOR shall ensure that relevant and frequent education and training courses are offered to assist field personnel in maintaining certification/licensure as defined in California Code of Regulations Title 22, Chapters 2, 4 and 11 and, to the extent possible, shall be built upon observation and findings derived from the Quality Assurance / Continuous Quality Improvement Plan.
H. CONTRACTOR shall participate in all approved pilot programs or research projects as requested by ANAHEIM. CONTRACTOR agrees that their participation shall entail no additional cost to ANAHEIM unless determined otherwise. CONTRACTOR further agrees that services provided under pilot programs or research projects shall be in addition to the other services described herein.
I. Special Medic Events - ANAHEIM provides Paramedic coverage and contracts with it's partner's to provide Basic Life Support ("BLS") coverage for high profile events within ANAHEIM. These events include, but are not limited to events held at the Honda Center, Anaheim Stadium, Anaheim Convention Center, and Disneyland. When requested for a standby event, above and beyond the dedicated ANAHEIM ambulances, the CONTRACTOR will be paid a Standby Unit Hour Rate outlined in APPENDIX A, Cost Sheet, inclusive of one hour before the event and after event conclusion.
J. Special Events - ANAHEIM will sometimes utilize its Ambulances for non- emergency, non-paid purposes that will normally be scheduled in advance. During these special events, CONTRACTOR shall provide a backup ambulance and crew for the duration of the event, to cover for the unit involved and allow them to participate without interruption, provided ANAHEIM gives CONTRACTOR sufficient advance notice.
SECTION 3. VEHICLES
A. 24 hour Ambulances: CONTRACTOR shall provide Seven (7) Ambulance units deployed 24 hours per day, 365 days per year, for a total of 61,320 yearly unit hours, or actual unit hours worked. At the request of ANAHEIM, additional units may be added or subtracted from the standard Seven (7) Ambulance deployment.
B. 10 hour Ambulances: At the request of ANAHEIM, the CONTRACTOR shall provide one or more Ambulance unit(s) deployed 10 hours per day or actual unit hours worked.
At the request of ANAHEIM, additional 10 hour units may be added to the Standard Deployment of Ambulances. If the 10 hour Ambulances are added to the Stadard Deployment they shall follow the Minimum Required Equipment outlined in Sub-Section E below.
C. All ambulances shall be housed at locations as approved by ANAHEIM's Fire Chief within the boundaries of ANAHEIM, or other such locations as are approved in writing by ANAHEIM' s Fire Chief.
D. CONTRACTOR shall use the ambulances outlined in APPENDIX B, Ambulance Specifications Sheet and all units must meet or exceed the requirements of the California Highway Patrol, the California Department of Motor Vehicles, the United States Department of Transportation, and the Orange County EMS Agency. Vehicles will be painted or wrapped and marked according to the specifications provided by ANAHEIM in APPENDIX B.
All Vehicles and or replacement vehicles are subject to the approval of ANAHEIM.
E. Minimum Required Equipment / Supplies / Inventory for Ambulances
1. On-Board 800 MHz Radio - Each ambulance shall be equipped with an on-board 800 MHz mobile radio capable of communicating in the Orange County system.
2. Medical Equipment & Supplies Inventory - CONTRACTOR shall ensure that the medical equipment and supplies inventory of all ambulances complies with Orange County protocols.
3. Standardized Inventory. - CONTRACTOR shall provide the plan/system to ensure standardization of EMS equipment and supplies of ambulances with the EMS equipment and supplies used by the ANAHEIM.
4. Supplies Restock System - CONTRACTOR shall provide a fully stocked ambulance with all disposable medical supplies per Anaheim specifications. During the course of the contract, ANAHEIM Fire & Rescue will provide all restocking of used supplies.
CONTRACTOR shall be responsible for ensuring that all ambulances are at all times equipped and supplied with the minimum required inventory.
5. Color, wrapping. lettering— CONTRACTOR shall provide ambulances that are red in color, painted or wrapped. The color, lettering, and indentification of each ambulance shall be approved by ANAHEIM. The CONTRACTOR can place their branding and logo on the doors of the ambulance.
F. CONTRACTOR shall be responsible for, and bear all costs for all routine preventive maintenance and repairs of ambulances. CONTRACTOR shall adhere to its maintenance and maintenance records plan during the contract period. Disruption in service due to CONTRACTOR's non-compliance with the maintenance plan will be considered a major breach and grounds for immediate contract termination.
G. General Replacement Policy - When an ambulance must be taken out of service for any reason (including mechanical failure and scheduled preventive maintenance) and for any length of time (temporarily or permanently), CONTRACTOR shall ensure that a replacement ambulance is immediately provided that meets the same requirements/specifications.
H. If a dedicated ambulance is permently taken out of service, the CONTRACTOR shall replace the ambulance with an ambulance of the same year, meeting the requirements set forth in Section 3 of this Agreement ("Vehicles"), with equivalent useage and overall wear. The new unit shall be approved by ANAHEIM, and any modifications may be approved in writing by the ANAHEIM Fire Chief.
SECTION 4. SURGE PLAN
Contractor may use any ambulance in its fleet for surge purposes so long as it meets or exceeds the requirements of the California Highway Patrol, the California Department of Motor Vehicles, the United States Department of Transportation, and the Orange County EMS Agency.
A. Minimum Required Equipment / Supplies / Inventory
1. On-Board 800 MHz Radio — Surge ambulances shall be equipped with an on-board 800 MHz radio or capability to communicate with the CONTRACTORS Dispatch center via radio.
2. Medical Equipment & Supplies Inventory — CONCTRACTOR shall ensure that the medical equipment and supplies inventory of all surge ambulances complies with Orange County protocols.
3. Ambulance Supplies Restock System — ANAHEIM shall be responsible for ensuring that all disposable supply items are replaced onscene of an emergency when possible. If items are used but not replaced, a detailed report can be submitted to ANAEHIM with the incident number and items used and they will be replaced as soon as possible.
SECTION 5. TIME STANDARDS
The following ground ambulance time standards are a goal at a compliance rate of at least 90% (fractile) by contract crews. CONTRACTOR shall work with ANAHEIM to ensure that all dedicated crews and any surge protection complies with the below standard. If units fall below the time standard the CONTRACTOR agrees to work with ANAHEIM to bring the standard up to the 90% (fractile).
ALARM to ENROUTE INTERVAL, 07:00 - 20:00 < 1 minute
ALARM to ENROUTE INTERVAL, 20:00 - 07:00 < 2 minutes
ENROUTE to ON SCENE INTERVAL, CODE-3 < 10 minutes
ENROUTE to ON SCENE INTERVAL, CODE-2 < 15 minutes
SECTION 6. PERSONNEL AND HOUSING
A. Staffing
1. CONTRACTOR shall ensure that all units, regardless of hours staffed, are at all times staffed by Two (2) Emergency Medical Technician's (EMT) certified in Orange County.
B. General Employment Policies
1. Employee Wellness & Personnel Assistance Resources — CONTRACTOR shall ensure that all Employee have access to a Wellness & Personnel Assistance program and/or resources. All contract crews will be offered involvment in Post-Incident Stress Debriefings and Peer Supoort offered by the Anaheim when available.
2. Criminal Background Check - CONTRACTOR shall provide a background check process and phsycological evaluation in their hiring process and must comply with all State EMS Authority and LEMSA criminal history check requirements for all of its employees who work in Orange County. CONTRACTOR shall contact all references given on applications, including but not limited to, any former EMS employers.
3. Physical Fitness Testing & Training — CONTRACTOR shall ensure that each EMT passes physical fitness testing or training used as part of the initial hiring process and/or ongoing health maintenance. The CONTRACTOR shall ensure that each EMT maintains that level of physical fitness throughout the entire Term of the Agreement.
4. Driver History — CONTRACTOR shall require all ambulance driver candidates in its employ to submit a current California Department of Motor Vehicles Driving Record Report as requested by ANAHEIM. Contractor shall utilize the California Department of Motor Vehicles Pull Notice Program for all ambulance personnel in its employment.
5. Driver Training Program — CONTRACTOR shall require all ambulance personnel in its employment to successfully complete an approved emergency ambulance driver- training program to ensure that ambulances are operated in a legal and safe manner. The driver- training program should be designed to verify driving proficiency upon hire and at reasonably spaced periodic intervals. The driver program shall meet or exceed industry standards.
CONTRACTOR shall ensure that its vehicles are at all times operated in a safe manner.
6. Vehicle & Equipment Familiarity — CONTRACTOR shall ensure that all employees who staff any ambulance as part of the City of Anaheim contract are thoroughly familiar with all aspects of vehicle operation, and the location and use of all on-board equipment and supplies.
C. Uniforms & Personal Protective Equipment
1. Uniforms - CONTRACTOR employees shall wear uniforms that are approved by ANAHEIM for the use by contract ambulance employees when functioning as an on- duty EMT on an ANAHEIM contract Ambulance. Uniform requirements may be changed at any time during the duration of the contract at the sole discretion of the Fire Chief.
2. Personal Protective Equipment (PPEI - CONTRACTOR shall ensure that employees have the appropriate PPE that meets national safety standards for EMS personnel, to include helmet, reflective vest, eye protection, bullet proof vests, and ear/hearing protection.
3. Costs — CONTRACTOR or their employees shall bear all uniform and PPE related costs except where specified otherwise, including cleaning, maintenance, repair, and replacement. Before commencement of the contract period, the ANAHEIM and the CONTRACTOR will mutually agree on the specific brand/model/type of PPE to be used.
D. Employee Appearance & Behavior
1. The City of Anaheim Policies/Procedures — Contractor shall ensure that employees adhere to all relevant ANAHEIM policies/procedures regarding appearance and behavior. ANAHEIM will provide CONTRACTOR copies of all relevant policies/procedures before commencement of the contract period to give Contractor adequate time for the selection, assignment, and preparation of assigned employees.
2. General Appearance — CONTRACTOR shall ensure that employees at all times look and act in a professional manner to instill confidence in the citizens we serve, and to preserve the reputation of ANAHEIM and the Fire Service/EMS profession generally.
3. Grooming & Hygiene — Employees shall be clean and well-groomed at all times while on-duty or otherwise representing ANAHEIM, and exercise good personal hygiene habits in accordance with ANAHEIM policies, procedures, and standards.
4. Mental Alertness — Employees shall report for duty well rested, alert, and not under the influence of any substance, legal or illegal, that may impair their judgment and/or performance.
5. Physical Fitness — Employees shall keep themselves at a level of physical fitness sufficient to ensure they are capable of performing all the physical functions expected of an EMT.
6. Conduct — Employees shall always act in a safe, professional, and courteous manner.
7. Advocacy — Employees are deemed part of the EMS system, and are therefore expected to always act in the best interests of the EMS system and the patients who depend on us.
E. Facilities
1. Ambulance Station / Crew Quarters — All dedicated ambulances and crews will be stationed in ANAHEIM Fire Stations. These facilities will be chosen by ANAHEIM. The cost of housing these units and personnel in the Fire Stations shall be considered part of the total Units Hour Cost outlined in APPENDIX A.
2. Security — CONTRACTOR shall ensure compliance by each EMT with the security plan/measures outlined by ANAHEIM used to adequately protect the personnel, equipment, supplies, and Ambulances while in quarters.
3. Inspections — The ANAHEIM, on-duty EMS Supervisor or designee will have the authority, but not the obligation, to inspect all facilities, properties, vehicles, and documents/records used or available for use in the performance of contractual services and/or in the execution of contractual obligations. CONTRACTOR refusal to permit such an inspection will be deemed a major breach and grounds for immediate contract termination.
SECTION 7. OPERATIONS
A. Dispatch — CONTRACTOR shall be solely responsible for obtaining, installing, and maintaining a system that directly links all contract ambulances and crews, and will be solely responsible for all installation, maintenance, repair, and other related costs necessary to ensure that the system remains operational at all times.
B. Incident Command & Patient Authority — Responsibility for patient care and authority to make assessment, treatment, and/or transport decisions vests with ANAHEIM personnel (Paramedics particularly, if on scene). Employees will work under the direction of the ANAHEIM Captain/Incident Commander and/or the Paramedic(s) in charge of the patient and/or incident. Contract employee's actions should be in support of, and consistent with, ANAHEIM'S efforts and contract employees shall respond to the directions of ANAHEIM personnel in a positive and affirmative manner.
SECTION 8. MUTUAL AID
If the CONTRACTOR chooses to enter into an agreement with an outside ambulance company to provide surge protection for ANAHEIM, the Agreement between CONTRACTOR and the separate organization must be approved by ANAHEIM before it may commence.
SECTION 9. COMPENSATION TO CONTRACTOR
A. ANAHEIM agrees to compensate the CONTRACTOR based on a Unit Hour Cost. The CONTRACTOR shall be paid based on the total number of Ambulance Unit hours billed. A basic "CONTRACT PRICE" is outlined in APPENDIX A, but the actual fee paid to the CONTRACTOR will be based on the total number of Unit Hours billed to include Special Events, and Surge Protection outlined in Section 9, Sub-Section D and E. All specific Unit Hour Costs are outlined in APPENDIX A, Cost Sheet.
B. COTNRACTOR'S costsfor providing all Emergency Transportation Services, are listed in APPENDIX A. CONTRACTOR shall not be entitled to bill ANAHEIM or any of its customers or patients any additional amount for any Services provided under this Agreement, unless it is first approved in writing by the ANAHEIM.
C. On a biweekly basis, ANAHEIM shall electronically transmit to the CONTRACTOR 1/26th of the CONTRACT PRICE to cover all costs associated with providng Services under this Agreement. If Unit Hours are added or reduced, the CONTRACT PRICE shall be adjusted on the last payment of the year 26/26th to reconcile for the actual Unit Hours used. For purposes of this contract the Pt biweekly payment starts July 1st.
D. All Special Events shall be paid to the CONTRACTOR on a monthly basis, for the previous month's events.
E. All Surge Protection costs shall be paid on a monthly basis for the Surge Protection used in the previous month. The cost of each Surge Protection Unit Hour is outlined in APPENDIX A. The CONTRACTOR shallsubmit a worksheet on the 1st day of each month, outlining the days/hours and Incident numbers for any Surge Protection Unit Hours charged.
F. The All-Inclusive Reimbursement Rate shall be reviewed and adjusted, if at all,April 1St each year prior to each fiscal year. ANAHEIM and the CONTRACTOR shall agree to meet on an annual basis throughout the Termof the Agreement to discuss and adjust the CONTRACT PRICE based on two items outlined in APPENDIX A. If any changes are made, the change in CONTRACT PRICE shall take effect starting July 1' and remain in effect for one (1) year.
1. During the Term of the Agreement and at the sole discretion of ANAHEIM, the number of Ambulances in service may be increased or decreased at any time. In relation to the above, the CONTRACT PRICE shall be adjusted based upon the Unit Hour Cost reflecting thetotal number of Ambulances used during the Term of the Agreement.
2. The average "EMT 24-hr Shift Wages" of the current in-house EMTs hourly rate of pay. The Maximum Cap of this annual increase is outlined in the APPENDIX A. If the average hourly rate of Anaheim dedicated employees is less than the amount listed in APPENDIX A, the Unit Hour Cost paid to the CONTRACTOR will be adjusted down, starting the next Fiscal year and continue for a one (1) year period.
SECTION 10. REIMBURSEMENT TO ANAHEIM
CONTRACTOR shall reimburse ANAHEIM in an amount not to exceed One Hundred Thousand Dollars ($100,000.00) for the actual costs associated with the development and implementation of the Request for Proposals for Emergency Medical Transportation and Related Services. Such amount shall be remitted to ANAHEIM not later than sixty (60) days from the Effective Date of this Agreement. .
SECTION 11. LICENSES AND CERTIFICATES
A. CONTRACTOR shall, within five (5) days of executing this Agreement, obtain a current CITY of ANAHEIM business license and maintain such license in effect during the term of this Agreement or any extension thereto.
B. CONTRACTOR shall maintain all licenses, certificates and other documentation as required during the term of this Agreement by the City of Anaheim, the County of Orange and/or the State of California.
SECTION 12. INDEPENDENT CONTRACTOR
The performance of CONTRACTOR's services hereunder shall be in the capacity of an independent contractor and not as an officer, agent, or employee of ANAHEIM. CONTRACTOR agrees that ANAHEIM shall not be liable or responsible for any benefits, including, but not limited to, worker's compensation, disability, retirement, life, unemployment, health or any other benefits and, CONTRACTOR agrees that he shall not sue or file a claim, petition or application relative to any of the above against ANAHEIM or any of its officers, employees, agents, representatives or sureties.
SECTION 13. DATA COLLECTING, REPORTING, AND DOCUMENTATION A. ANAHEIM and the CONTRACTOR shall meet monthly to review and discuss Data and Documentation from the previous month and track all relevant data from all ambulance responses initiated by ANAHEIM.
1. Data Collection - The CONTRACTOR shall work with crews to ensure that all data requested by ANAHEIM is collected on each transport.
2. Documentation — The CONTRACTOR shall ensure that each crew is complying with the documentation standards set aside by OCEMS. (includes all incidents during a given 3-month period) — Dispatches, Responses Upgraded to Code 3, Responses Cancelled Enroute, Ambulance Crew First At Patient (prior to the City of Anaheim arrival), Dry Runs (arrived on scene but no transport), BLS Transports, ALS Transports, Responses Meeting Alarm to Enroute Interval Time Standard, Responses Exceeding Alarm to Enroute Interval Time Standard, Responses Meeting Enroute to On Scene Interval Time Standard, Responses Exceeding Enroute to On Scene Interval Time Standard.
SECTION 14. TERM
A. CONTRACTOR shall commence operations under the terms and conditions of this Agreement within fifteen (15) days of receipt of written notification to commence from the Anaheim Fire Chief or designee, and sooner if the need arises to prevent any interruption in Service.
B. The term of this Agreement shall commence on the date this Agreement is executed by ANAHEM and shall terminate three (3) years thereafter, unless sooner terminated as provided herein ("Initial Term"). (hereinafter the phrases "Initial Term" and "Renewal Term," if any, shall be collectively referred to as the "Term").
C. This Agreement may be renewed upon the same terms and conditions for no more than one (1) additional three (3) year term after the Initial Term ("Renewal Term"), unless sooner terminated as provide hereunder. CONTRACTOR shall provide written notice to ANAHEIM of its intent to request renewal of this Agreement no later than nine (9) months prior to the expiration of the Initial Term. The following conditions shall be satisfied prior to approval by ANAHEIM of such request for renewal by CONTRACTOR:
(1) The City Council finds and determines, by formal vote, that CONTRACTOR' s services rendered during the term of this Agreement to date comply in all aspects with the terms and conditions of this Agreement. (2) ANAHEIM' s Fire Chief and City Manager recommend renewal.
SECTION 15. TERMINATION
A. CONTRACTOR understands that the continuation of this Agreement after the close of any fiscal year of ANAHEIM, which fiscal year ends on June 30 of each year, shall be subject to budget approval providing for or covering such contract items as an expenditure in said budget.
ANAHEIM does not represent that said budget item will be actually adopted, said determination being the determination of the City Council at the time of the adoption of the budget herein. No penalty shall accrue to ANAHEIM in the event this provision shall be exercised. Should termination be accomplished in accordance with this Section, a settlement shall be negotiated by the parties based on items delivered, services provided, monies paid and monies due.
B. ANAHEIM may terminate this Agreement for Cause by providing CONTRACTOR seven (7) days prior written notice of termination for Cause and the factors constituting Cause.
C. If CONTRACTOR has not cured such deficiencies to the satisfaction of ANAHEIM' s Fire Chief within seven (7) days after notified of the factors constituting such breach or default, CONTRACTOR shall be deemed in breach or default of this Agreement and ANAHEIM shall have the right to terminate this Agreement for Cause, such termination to be effective on the eighth (8) day after delivery of the notice of breach.
D. If the ANAHEIM Fire Chief finds that CONTRACTOR is diligently proceeding with all steps necessary to cure such deficiencies, the ANAHEIM Fire Chief may, in his/her sole discretion, extend the time period by which CONTRACTOR must cure such deficiencies, including the effective date of such termination.
SECTION 16. BREACH OF AGREEMENT
A. CONTRACTOR' s failure to perform the covenants and requirements set forth in this Agreement in the time and manner specified shall constitute a breach of this Agreement and Cause for termination.
B. Other factors warranting termination for Cause include, but are not limited to the following:
1. Failure of CONTRACTOR to operate the portion of the ambulance service system for which CONTRACTOR is responsible in a manner which enables the Fire & Rescue Department and CONTRACTOR to remain in compliance with the requirements of the County of Orange Emergency Medical Services Agency ("EMSA") ambulance ordinance and related rules and regulations.
2. Supplying the Fire & Rescue Department with materially false or misleading information during the RFP process or during the course of producing required monthly response reports.
3. Willful falsification or unreasonable withholding of data supplied to the Fire & Rescue Department or to the EMSA Medical Director during the course of operation, including, but not limited to: dispatch data, patient report data, response time data, financial data, or omission of other data required under this Agreement.
4. Failure to meet the minimum vehicle deployment plan for ambulance service as described in this Agreement.
5. Repeated failure of CONTRACTOR' s employees to conduct themselves in a professional and courteous manner, and to present a professional appearance.
6. Failure of CONTRACTOR to maintain all required vehicle maintenance schedules and records as set forth in this Agreement.
7. Failure of CONTRACTOR to maintain all training and continuing education per County of Orange EMSA policies and procedures and State regulations.
8. Failure of CONTRACTOR to meet any other clinical requirements contained or referenced in this Agreement.
9. Failure or refusal of CONTRACTOR to respond to any request of ANAHEIM's Fire Chief or designee concerning the operation of the EMS delivery system in Anaheim.
10. Transfer of ownership or interest in CONTRACTOR of more than ten percent (10%) or sale or transfer of twenty five percent (25%) of CONTRACTOR's assets without the prior written consent of ANAHEIM.
11. Disruption of service due to failure to maintain contractor's ambulance vehicle maintenance schedule.
12. The lapse of any license, permit or approval issued CONTRACTOR necessary to provide the Services underthis Agreement by a federal, state or local government.
13. Failure to adhere to the standards of the Commission on Accreditation of Ambulance Services, as amended from time to time.
14. The breach or default by CONTRACTOR of any material provision of this Agreement or any covenant specifically contained herein or incorporated by reference.
15. The loss by CONTRACTOR of legal capacity to contract.
16. CONTRACTOR becomes insolvent or unable to pay its debts as they mature, or makes an assignment for the benefit of creditors, or suffers or fails to pay and discharge within ninety (90) days of entry any final judgment (after exhaustion of any period of appeals) by any court in an amount of one hundred thousand dollars ($100,000.00) or more.
17. CONTRACTOR files, or there is filed against CONTRACTOR, a petition to have CONTRACTOR adjudicated a bankrupt, or a petition for a reorganization or arrangement under any law relating to bankruptcy or insolvency.
18. CONTRACTOR is enjoined or prohibited by any court of competent jurisdiction from performing services under this Agreement.
19. The assets of CONTRACTOR are assumed by a trustee or other person pursuant to a judicial proceeding.
20. CONTRACTOR breaches or defaults in the performance of any of CONTRACTOR's material duties or obligations arising under this Agreement involving the payment of money, and after receiving written notice thereof from ANAHEIM fails within seven (7) days from receipt of such notice to have fully cured and corrected such breach or default.
21. Lapse of insurance required under this Agreement.
22. An unconsented assignment or delegation as defined hereinbelow.
23. Failure to manage and resolve citizen complaints to the satisfaction of the ANAHEIM Fire Chief.
24. Failure to meet the on-time performance criteria as set forth within this Agreement.
C. No waiver of any Event of Breach or Default shall be valid or effective unless in writing and signed by ANAHEIM. Any waiver of any one Event of Default or Breach shall not constitute, or be construed as creating, a waiver of any other Event of Default or Breach.
D. Should this Agreement be terminated for breach, CONTRACTOR agrees that ANAHEIM may, at its option, take possession of and bear the associated costs of CONTRACTOR' s seven (7) dedicated ambulances, equipment, facilities and records used to fulfill this Agreement. CONTRACTOR further agrees to establish a Fail-Safe Program on terms acceptable to ANAHEIM in its sole discretion. Notwithstanding the above, should this Agreement be terminated for breach, ANAHEIM shall have the option to take over the delivery of emergency ambulance transport services itself, using ANAHEIM personnel or contractors; contract on a temporary emergency basis with other providers of emergency transport ambulance services; seek new proposals for service; or such other option as may be deemed necessary and available to ANAHEIM.
E. Nothing herein shall act as any limitation upon the remedies available to ANAHEIM whether at law, or otherwise, in the event of a breach or default of this Agreement.
SECTION 17. COMPLIANCE WITH LAWS
In the performance of this Agreement, CONTRACTOR shall abide by and conform to (and shall ensure that CONTRACTOR'S employees, agents and representatives, if any, shall abide by and conform to) any and all applicable laws, statutes, safety rules, regulations and practices of the United States, the State of California, the Charter and Ordinances of the City of Anaheim, and any other local laws. Such compliance includes, but is not limited to, the California Health and Safety Code, the California Vehicle Code, and the County of Orange Emergency Medical Service policies and procedures.
SECTION 18. LAWS GOVERNING CONSTRUCTION OF TERMS
This Agreement shall be governed by the laws of the State of California. Any legal action concerning or arising out of this Agreement shall be filed in a court of the State of California having jurisdiction of the subject matter, and venue shall be in the County of Orange, State of California.
SECTION 19. RESOLVING COMPLAINTS ABOUT SERVICE
A. CONTRACTOR shall advise ANAHEIM' s Operations Chief or designee in writing within ninety six (96) hours of service-oriented complaints, written complaints or verbal complaints that are referred to the Director of Operations regarding the delivery of emergency ambulance transport services, unless a safety issue is involved in which case such notification in writing shall occur within the same shift in which the complaint was received.
B. All problems reported to the CONTRACTOR either by a third party or by ANAHEIM relating to emergency ambulance transport services provided by CONTRACTOR shall be referred directly to the appropriate manager of the CONTRACTOR. It shall be the responsibility of said manager to conduct a thorough investigation, including discussions with appropriate employees and representatives of any external agency that may be making the complaint. A report regarding the disposition of same shall be provided to ANAHEIM's Fire Chief within fourteen (14) days of receipt of the complaint. The report provided to ANAHEIM shall state the name, address and telephone number of the complainant; the subject matter of the complaint; the date, time and location of the incident about which the complaint relates; witnesses to the incident; and the names of the employees involved in the incident. The report shall also included recommendations by CONTRACTOR for resolving the complaint, or disposition of the complaint if already resolved.
C. Nothing stated herein precludes ANAHEIM from conducting an independent investigation of any complaint.
SECTION 20. DISPUTES BETWEEN CONTRACTOR AND ANAHEIM
Either party hereto may give the other party written notice of any dispute with respect to this Agreement. Such notice shall specify a date and location for a meeting of the parties hereto at which such parties shall attempt to resolve such dispute. The ANAHEIM Fire Chief shall cause a record to be kept of the proceedings conducted and information presented during such meeting. In the event that such dispute cannot be resolved by the parties within 30 days, the dispute may be referred by either party to the ANAHEIM City Manager. The decision of the ANAHEIM City Manager shall be final.
SECTION 21. ASSIGNMENT AND DELEGATION
CONTRACTOR may not delegate or assign the rights or obligations hereunder, either in whole or in part, without prior written consent of ANAHEIM, which consent may be withheld with impunity by ANAHEIM. Any attempted assignment or delegation in derogation of this paragraph shall be void. For purposes of the Section, a transfer or sale by any shareholder of greater than ten percent (10%) of the stock currently issued by CONTRACTOR, or a sale or transfer of over twenty-five (25%) of the assets of CONTRACTOR, will be deemed an assignment.
SECTION 22. GRATUITIES
CONTRACTOR warrants that neither it, nor any of its employees, agents or representative has offered or given any gratuities to ANAHEIM's employees, agents or representatives in an attempt to secure this Agreement or secure favorable treatment with respect thereto.
SECTION 23. CONFLICTS OF INTEREST
A. CONTRACTOR warrants that it has no blood or marriage relationship, and that it is not in any way associated with, any preparer of the RFP for this Agreement. CONTRACTOR acknowledges receipt of ANAHEIM's Conflict of Interest Code, as promulgated in accordance with the Political Reform Act (hereinafter "Code"). CONTRACTOR agrees to abide by such Code, and agrees that any material breach of such Code shall give ANAHEIM the right to rescind, cancel or otherwise terminate this agreement, at ANAHEIM's discretion.
B. CONTRACTOR shall be responsible for complying with the Political Reform Act and such other conflict of interest laws as may be applicable, as such laws may be amended from time to time.
SECTION 24. WAIVER
Waiver of any default shall not be deemed a waiver of any subsequent default. Waiver of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless stated to be such, in writing, by ANAHEIM and attached to the original Agreement.
SECTION 25. INDEMNITY
CONTRACTOR agrees to indemnify, defend (at ANAHEIM' s option) and hold harmless ANAHEIM and Metro Cities Fire Authority, their officials, officers, agents, employees, representatives and ANAHEIM-designated volunteers from and against any and all claims, demands, defense costs, actions, litigation, liability, or consequential damages of any kind or nature arising out of or in connection with the performance of, or failure to perform under the terms of this Agreement by CONTRACTOR and/or its employees, officers, representatives and agents, products, suppliers and subcontractors, except only those which arise out of the sole, active negligence of ANAHEIM.
SECTION 26. INSURANCE
Without limiting ANAHEIM' s right to indemnification, it is agreed that CONTRACTOR shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows:
A. Workers' Compensation/Employer's Liability
Workers' Compensation and Employer's Liability Insurance in a statutory amount for workers' compensation, and in an amount not less than $1,000,000 for employer's liability. Such insurance shall contain a waiver-of-subrogation clause in favor of ANAHEIM, its officers, officials, employees, agents, representatives and volunteers.
B. Commercial General Liability
Commercial General Liability Insurance in an amount not less than $3,000,000 per occurrence, written on an occurrence form. If policy carries an annual aggregate, such aggregate shall be in an amount not less than $6,000,000 per occurrence.
C. Comprehensive Automobile Liability
Comprehensive Automobile Liability Insurance in an amount not less than $3,000,000 per occurrence, covering owned, non-owned and hired vehicles, written on an occurrence form. If policy carries an annual aggregate, such aggregate shall be in an amount not less than $6,000,000 per occurrence.
D. Ambulance Medical Malpractice
Ambulance Medical Malpractice Insurance in an amount not less than $3,000,000 per occurrence. If policy carries an annual aggregate, such aggregate shall be in an amount not less than $6,000,000 per occurrence. Such insurance coverage may be combined with either the general or automobile liability coverage required above; however, if the insurance coverage is so structured, the combined coverage shall be in an amount not less than $5,000,000 per occurrence, with an annual aggregate of not less than $10,000,000.
E. Automobile Physical Damage
Automobile Physical Damage Insurance covering all ambulances required under this Agreement, covering collision and comprehensive damage exposures, in an amount not less than the actual cash value of each ambulance (including related on-board equipment).
The following terms and conditions also apply, as respects the above-referenced General, Automobile, and Ambulance Liability Insurance:
1. If such liability coverage does not provide for an annual aggregate which is twice the per-occurrence limit, in the alternative the insurance policy (policies) shall be amended (by appropriate ISO endorsements) so that the policy limits apply solely to CONTRACTOR's activities and obligations under this Agreement.
2. In the event of a claim (claims) against liability insurance which reasonably may deplete one-half or more of the aggregate limits, CONTRACTOR shall immediately notify ANAHEIM. In the event of a claim (claims) against such liability insurance which is reasonably expected to deplete ninety percent (90%) of the aggregate limits, CONTRACTOR shall, at CONTRACTOR's expense, reinstate the aggregate limits at least to an amount equal to one-half of the face amount of the aggregate limits on the policies.
3. Such insurance shall be in a form which provides coverage for the provisions of the indemnification obligations under this Agreement, including a claim (claims) brought against ANAHEIM for the injury to, or death of an employee of CONTRACTOR.
4. Such insurance, except for Ambulance Malpractice coverage (if a stand- alone coverage), shall, by endorsement, contain the following provisions:
"The City of Anaheim, its officers, officials, employees, representatives, and ANAHEIM-designated volunteers and Metro Cities Fire Authority are additional insureds as respects the operations, activities, work, errors, or omissions of the named insured arising out of or in connection with any contract or agreement with the City of Anaheim." "This insurance is primary to, and shall not contribute with, any insurance or self-insurance maintained by the City of Anaheim or any of the designated additional insureds." F. All insurance policies required under this Agreement shall provide for thirty (30) days prior written notice to ANAHEIM before cancellation, limitation, or reduction of coverage.
G. No insurance required under this Agreement shall provide for a deductible in excess of $5,000, or a self-insured retention in any amount, without prior written consent of ANAHEIM' s Risk Manager, and, the granting or denying of such consent shall be at the sole and absolute discretion of ANAHEIM' s Risk Manager.
H. All insurance required herein shall be written by insurers admitted to do business in the state of California, and maintaining a Best's rating of no less than A7.
I. Prior to commencing any work under this Agreement, CONTRACTOR shall deliver to ANAHEIM insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above. Also, within thirty (30) days of the execution of this Agreement, CONTRACTOR shall provide to ANAHEIM endorsements to the above-required policies which amend these policies to comply with the requirements of this Section 26. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signator's company affiliation and title. Upon written request from ANAHEIM, it shall be CONTRACTOR' s responsibility to see that ANAHEIM receives documentation acceptable to ANAHEIM which sustains that the individual(s) signing said endorsements is indeed authorized to do so by the insurance company. Also, ANAHEIM has the right to demand, and to receive within a reasonable time period, certified copies of any insurance policies required under this Agreement.
J. In addition to any other remedies ANAHEIM may have if CONTRACTOR fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, ANAHEIM may, at its sole option:
1. Obtain such insurance and deduct and charge CONTRACTOR for the premiums for such insurance.
2. Order CONTRACTOR to stop work under this Agreement until CONTRACTOR demonstrates compliance with the requirements hereof.
3. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies ANAHEIM may have and is not the exclusive remedy for CONTRACTOR's failure to maintain insurance or secure appropriate endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to which CONTRACTOR may be held responsible for payment of damages (to persons or property) resulting from CONTRACTOR's performance of, or failure to perform, the work covered under this Agreement.
ANAHEIM reserves the right at any time to review the coverage, form, and limits of insurance required herein. If, in the sole and absolute discretion of ANAHEIM, the insurance provisions in this Agreement do not provide adequate protection for ANAHEIM or the users of ambulance service, ANAHEIM shall have the right to require CONTRACTOR to obtain insurance sufficient in coverage, form, and limits to provide adequate protection, and CONTRACTOR shall promptly comply with such requirement. ANAHEIM's requirements shall not be unreasonable, but shall be adequate in the sole opinion of ANAHEIM to protect against the kind and nature of risks which exist at the time a change of insurance is required, or thereafter, but in no event shall the required limits exceed One Hundred Twenty Percent (120%) of the limits set forth herein.
ANAHEIM's Risk Manager is authorized to lower or reduce the requirements, limits, terms, and conditions set forth herein, provided that (i) any such request from CONTRACTOR must be in writing, (ii) he determines that such change is in the nest interest of ANAHEIM, and (iii) he approves such changes in writing to CONTRACTOR.
SECTION 27. PERFORMANCE SECURITY
During the course of this Agreement, CONTRACTOR shall provide such performance security as may be deemed necessary by the ANAHEIM City Manager or his designee.
SECTION 28. AUDITS
A. At any time during normal business hours, and as often as may reasonably be deemed necessary, ANAHEIM' s representatives may observe CONTRACTOR' s operations and CONTRACTOR shall make available to ANAHEIM for its examination, its records with respect to all matters covered by this Agreement, and ANAHEIM may audit, examine, copy and make excerpts or transcripts from such records, records of personnel, daily logs, conditions of employment, and other data, including but not limited to financial records, related to all matters covered by this Agreement, ANAHEIM representatives may, at any time and without notification, directly observe the CONTRACTOR' s operation of the ambulance dispatch center, maintenance facility, or any ambulance post location, and a ANAHEIM representative may ride as "observer" on any of the CONTRACTOR' s ambulance units at any time.
B. ANAHEIM's right to observe and inspect operations or records in CONTRACTOR's business office shall be restricted to normal business hours and reasonable notification shall be given CONTRACTOR in advance of any such visit.
SECTION 29. ANNUAL AUDITED FINANCIAL STATEMENTS
A. CONTRACTOR shall furnish complete annual financial statements of CONTRACTOR to ANAHEIM, including its balance sheet, statement of revenues and expenses, and statement of changes in cash position, with a copy to ANAHEIM' s Auditor. The statement shall have been examined by independent public accountants acceptable to ANAHEIM, and shall include the unqualified opinion of such accountant as to whether such statement is a fair representation of the date included therein.
B. To the extent permitted by law, ANAHEIM will endeavor to maintain as confidential all information contained within such financial statements that is not otherwise available to the public. In the event a demand for disclosure of such information is made, ANAHEIM will inform CONTRACTOR of such demand and CONTRACTOR may pursue all appropriate action to maintain the confidentiality of such information, at CONTRACTOR' s sole expense.
SECTION 30. DESIGNATION OF AGENTS
ANAHEIM's Fire Chief, or his designee, shall represent ANAHEIM in all matters pertaining to this Agreement.
The CHIEF EXECUTIVE OFFICER of CONTRACTOR or his designee, shall represent CONTRACTOR in all matters pertaining to this Agreement.
SECTION 31. NO THIRD PARTY RIGHTS
The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation or undertaking established herein.
SECTION 32. INTEGRATION CLAUSE
A. This writing constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all oral or written representations or written agreements which may have been entered into between the parties. No modification or revision shall be of any force or effect, unless the same is in writing and executed by the parties hereto. Any Section of the RFP Response not specifically incorporated herein either by reference or by actual inclusion shall not be considered as part of this Agreement and shall be of no force or effect.
B. If any provision of this Agreement shall be held invalid, such invalidity shall not affect the other provisions hereof, and to this extent, the provisions of this Agreement are intended to be and shall be deemed severable.
SECTION 33. NOTICES
Any notice or demand required or permitted to be given by the terms of this Agreement, or by any law or statute may be given by ANAHEIM by depositing said notice or demand in the U.S.
Mail, postage prepaid, addressed to CONTRACTOR at CONTRACTOR' s address set forth below or any new address provided by CONTRACTOR in writing to ANAHEIM. Service of said notice or demand on CONTRACTOR shall be complete five (5) days after deposit of said notice or demand in the mail.
Any notice or demand required or permitted by the terms of this Agreement or by any law or statute may be given by CONTRACTOR by delivering said notice or demand to ANAHEIM at: 200 South Anaheim Boulevard, Anaheim, California 92805. Attention: City Clerk. Service of said notice or demand shall be complete when received at the office of the City Clerk. A copy of said Notice shall also be mailed to the Anaheim Fire Chief, at 201 So. Anaheim Boulevard, Suite 301, Anaheim, CA 92805.
Notices and communications regarding this Agreement shall be sent to the following addresses:
ANAHEIM
City of Anaheim
200 So Anaheim Blvd.
Anaheim, CA 92805
Attn: City Clerk
with a copy to:
Anaheim Fire & Rescue
201 S. Anaheim Blvd., Suite 301
Anaheim, CA 92805
Attn: Patrick Russell, Fire Chief
(714) 765-4000
FAX: (714) 765-4008
CONTRACTOR
Care Ambulance Service, Inc.
1517 W. Braden Court
Orange, CA 92868
Attn: Troy Hagen
SECTION 35. EFFECTIVE DATE AND AUTHORITY
CONTRACTOR and CONTRACTOR's signators represent that the signators hold the positions set forth below their signatures and that the signators are authorized to execute this Agreement on behalf of CONTRACTOR and to bind CONTRACTOR hereto.
This Agreement shall be effective on the date on July 1, 2019 ("Effective Date").
By
City Clerk
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth.
CITY OF ANAHEIM,
a munici sal corporation
DATE OF EXECUTION:
DATE OF EXECUTION:
"ANAHEIM"
By
1 20 Printed Name Krz.
Title
"CONTRACTOR"
APPROVED AS AS TO FORM:
ROBERT FABELA, CITY -ATTORNEY
By CL.D.C)
°1P(i
Date
132248
APPENDIX A
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APPENDIX B
Ambulance Specification Sheet
Ambulance Information for the City of Anaheim
APPENDIX B - Ambulance Specification Sheet
First Tier Services - BLS Ambulance Transport
Vehicle Name Vehicle # Manufacturer Year Years in Service in 2019
Type of
Ambulance License # VIN
Anaheim Ambulance 1 368 Chey 2014 4 years Type 3 CARE368 1G113G2CG9E1128806 Anaheim Ambulance 2 365 Chev%, 2014 4 years Type 3 CARE365 1GB3G2CG7E1127492 Anaheim Ambulance 3 386 Chevy 2014 4 years Type 3 CARE368 1GB3G2CG9E1128806 Anaheim Ambulance 5 366 Chevy 2014 4 years 'T_Tle 3 CARE366 1GB3G2CG2E1127433 Anaheim Ambulance 6 367 Che‘. 2014 4 years Type 3 CARE367 1GB3G2CG8E1127162 Anaheim Ambulance 9 414 Mercedez 2016 r 3 years Type 3 CARE414 WDAPF3CC8G9638431 Anaheim Ambulance 11 369 Chev. 2014 4 years Type 3 CARE369 1GB3G2CG8E1128862 ...
ORIGINAC A-6 tz - P -110.14-1
FIRSTAMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT, dated for purposes of -1-v\ identification only this LP day of A ?r; , 2022 is made and entered into by and between the
CITY OF ANAHEIM, a municipal corporation,
hereinafter referred to as "ANAHEIM,"
A
FALCK MOBILE HEALTH CORP DBA CARE AMBULANCE, a California corporation, formerly known as CARE AMBULANCE SERVICE, INC., a California corporation, hereinafter referred to as "CONTRACTOR." WITNES SETH:
WHEREAS, the parties have previously entered into a written agreement dated May 7, 2019 for emergency medical transport services (hereinafter, the "Agreement"); and WHEREAS, the parties wish to amend the Agreement to document the name change of CONTRACTOR and to incorporate a new APPENDIX A-1, an updated cost sheet, to cover the three (3) year extension of the term of the Agreement.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
1. FALCK MOBILE HEALTH CORP DBA CARE AMBULANCE has
undergone a change that resulted in changing its name CARE AMBULANCE SERVICE, INC. to FALCK MOBILE HEALTH CORP DBA CARE AMBULANCE The Agreement is hereby amended to reflect FALK MOBILE HEALTH CORP DBA CARE AMBULANCE' s new name.
2. That the Agreement is hereby amended to include the revised Cost Sheet, attached hereto as APPENDIX "A-1."
3. That Section 9 of the Agreement, "COMPENSATION TO
CONTRACTOR," is hereby amended to include the updated "Cost Sheet", attached hereto as APPENDIX "A-1."
4. That Section 3 ("Vehicles"), Paragraph A ("24 hour Ambulances") of the Agreement is hereby amended in its entirety to read as follows:
"A. 24 hour Ambulances: CONTRACTOR shall provide Four (4) Ambulance units deployed 24 hours per day, 365 days per year, for a total of 35,040 yearly unit hours, or actual unit hours worked. At the request of ANAHEIM, additional units may be added or subtracted from the standard Four (4) Ambulance deployment."
5. Except as expressly amended hereby, all the remaining provisions of the Agreement, as amended, shall remain in full force and effect.
6. CONTRACTOR and CONTRACTOR's signators represent that the signators hold the positions set forth below their signatures and that the signators are authorized to execute this First Amendment to Agreement on behalf of CONTRACTOR and to bind CONTRACTO hereto.
7. This First Amendment to the Agreement shall be effective on the date on which this Agreement is executed by ANAHEIM.
(Remainder of page intentionally left blank; signatures on next page) 2 CITY OF ANAHEIM,
a mu al corporation
By
DATE OF EXECUTI
ROBERTI BELA, CITY ATTO N.P/
By 1110 dibk
'
Attorney Deput
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to Agreement to be executed on the dates hereinafter respectively set forth.
City Cle k of the City of Ana eim 4X 2
"ANAHEIM"
DATE OF EXECUTION:
FALCK MOBILE HEATH CORP DBA CARE
AMBULANCE, a California corporation, formerly
known as CARE AMBULANCE SERVICE, INC., a
California corporation
By
Printed Name r
Title pee, 01
"CONTRACTOR"
APPROVED AS TO FORM:
Date
145449
3 EMT compensation 2,555,693
2,469,269 $ 2,555,693 Sub-Total
2,469,269 2,645,142
2,645,142
APPENDIX A-1
Operating Budget for City of Anaheim
Four 24-hour Ambulances and Maintenance
Three Year Contract Extension
Year 1 Year 2 Year 3
May 2022 - April 2023 May 2023 - April 2024 May 2024 - April 2025 EMT Wage $18.00 EMT Wage $18.63 EMT Wage $19.28
Employee Expenses
Operating Expenses
Ambulance Depreciation $ 76,000 $ 78,660 $ 81,413
Equipment (Patient load system, EPCR, Electronic equipment) $ 51,680 $ 53,489 $ 55,361 Insurance $ 60,000 $ 62,100 $ 64,274
Vehicle Licenses $ 8,000 $ 8,280 $ 8,570
Gas and Oil $ 90,000 $ 93,150 $ 96,410
Repairs and Maintenance $ 46,000 $ 47,61C $ 49,27E
Bank fees and interest $ 15,000 $ 15,525 $ 16,068
Recruitment and training $ 240,000 $ 248,400 $ 257,094 , Employee Uniforms $ 10,000 $ 10,350 $ 10,712
Sub-Total $ 596,680 $ 617,564 $ 639,179
Administrative Expenses
Administrative Overhead $ 306,595 $ 317,326 $ 328,432
Annual Contract Profit $ 269,803 $ 279,247 $ 289,020
Sub-Total $ 576,398 $ 596,572 $ 617,452
Annual Cost to City of Anaheim 3,642,347 3,769,829 3,901,7731 Monthly Fee to the City of Anaheim 303,529 [s 314,152 1 $ 325,148 1041 $ 109
City of Anaheim
ANAHEIM FIRE & RESCUE
February 24, 2022
Care Ambulance Service, Inc.
1517 W. Braden Ct.
Orange, CA 92868
ATT: Troy Hagen
Dear Mr. Hagen,
I am writing with regard to the Agreement dated May 7, 2019 between the City of Anaheim ("ANAHEIM") and Care Ambulance Service, Inc. ("CONTRACTOR") to provide primary ambulance transport services to Anaheim Fire & Rescue ("AF&R").
Per Section 14.0 of the Agreement, the Agreement may be renewed upon the same terms and conditions for no more than one (1) additional three (3) year term to commence after the Initial Term ("Renewal Term").
Renewal of the Agreement is contingent upon the following conditions being met. (1) The City Council finds and determines, by formal vote, that CONTRACTOR's services rendered during the term of this Agreement to date comply in all aspects with the terms and conditions of this Agreement. (2) ANAHEIM'S Fire Chief and City Manager recommend renewal.
ANAHEIM has not received written notice of intent to renew from Care Ambulance Service, Inc. However, ANAHEIM would be interested in meeting with CONTRACTOR to discuss renewal of the Agreement. Please contact me at your earliest convenience to schedule the meeting.
Sincerely,
Pat Russell, Fi e Chief
Anaheim Fire & Rescue
Attachment:
1. Agreement
www.anaheim.net