TO: HONORABLE MAYOR FROM: Robert Sapien, Jr.
AND CITY COUNCIL Jim Shannon
SUBJECT: SEE BELOW DATE: March 8, 2022
Approved Date
3/11/22
SUBJECT: 2022 EMS TRUST FUND AGREEMENT WITH THE COUNTY OF SANTA
CLARA TO PROVIDE FUNDING OF FIRST RESPONDER CATEGORY C
– BENEFIT TO EMS SYSTEMS USERS FUNDS
RECOMMENDATION
(a) Adopt a resolution authorizing the City Manager to negotiate and execute an Agreement with the County of Santa Clara (County) for the City to receive an amount not to exceed $40,416 to fund the purchase of mechanical chest compression device systems that benefit the Santa Clara County Emergency Medical Services (EMS) system (EMS Trust Fund, Category C - Benefit to EMS System User Funds).
(b) Adopt the following 2021-2022 Appropriation Ordinance and Funding Sources Resolution Amendments in the General Fund:
(1) Increase the estimate for Revenue from Local Agencies by $40,416; and (2) Establish a County of Santa Clara EMS Trust Fund – 2022 appropriation to the Fire Department in the amount of $40,416.
OUTCOME
This Agreement provides funding to the City for the purchase of mechanical chest compression system devices for the benefit of the Santa Clara County EMS system.
BACKGROUND
In October of 2001, the County entered into an agreement with American Medical Response for the provision of 911 emergency ambulance services in the County Exclusive Operating Area (all areas of the County except for the City of Palo Alto and Stanford Lands Parcels). The agreement included the assessment of fines and penalties when the ambulance provider failed to meet standards contained in the agreement such as response times. The EMS Trust Fund was COUNCIL AGENDA: 3/22/2022
FILE: 22-352
ITEM: 2.9
HONORABLE MAYOR AND CITY COUNCIL
March 8, 2022
Subject: 2022 EMS Trust Fund Agreement
established as an independent account to separate fine and penalty revenue collected from the ambulance service from EMS Agency general operating funds. The established EMS Trust Fund account has been continued by the County through successor 911 ambulance providers agreements.
Fines and penalties deposited to the EMS Trust Fund were to be used for projects that would provide for:
(1) Enhancements to the Santa Clara County EMS System; and (2) Must provide a countywide benefit to the Santa Clara County EMS System.
The intended beneficiaries of the EMS Trust Fund were the County and those providing EMS services within the County Service Area, excluding the 911 ambulance service provider from which the revenue was collected.
Expenditures from the Trust Fund are authorized by the Board of Supervisors. Annually, the County Emergency Medical Services Director makes recommendations to the Board through the EMS Committee and Health and Hospital Committee. Prior to 2011, EMS Trust Fund revenue was used to off-set the budget of the EMS Agency within the Public Health Department. The new County Exclusive Operating Area (EOA) Agreement, which became effective in July of 2011, included a new County EOA Franchise Fee that eliminated the need to use Trust Fund revenue to offset Public Health Department costs. Prior to the execution of the July 2011 agreement, the Board approved a revision to the EMS Trust Fund process so that expenditures would be classified in various categories that would benefit the entire EMS System with the exception of instances when the County may be in an extreme financial hardship. The revised process also required that a percentage of annual revenue be retained as a System Reserve should the EMS System be impacted by unforeseen financial burden.
In July 2011, fire departments (except the City of Palo Alto) executed agreements with the County to become EMS System Providers. Fire departments (except the City of Palo Alto) were also provided with the opportunity to voluntarily participate in accessing available first responder funding that was acquired by the County through the County Service Area EOA agreement for meeting criteria such as response times, use of emergency medical dispatch, and participation in countywide EMS efforts.
ANALYSIS
The EMS Trust Fund consists of four expense categories; Category A - EMS System Reserve Investment, Category B - EMS System Support - Training, Education, and Recognition, Category C- Benefit to EMS System Users, and Category D - EMS System Strategic Initiatives.
Each year the EMS Agency submits a budget to the Board of Supervisors for approval that addresses each of the identified categories.
In the fall of each year, the EMS Agency determines the allocation of “Category C” funds subject to Board Approval which occurs in the spring. Projects in this category are generated
HONORABLE MAYOR AND CITY COUNCIL
March 8, 2022
Subject: 2022 EMS Trust Fund Agreement
from Santa Clara County EMS System Stakeholders, such as fire departments, County Communications, ambulance services, dispatch centers, and the EMS Agency. Requestors must have executed a current agreement with the County (EMS Provider Agreement, 911 Receiving Facility Agreement, etc.) to receive funding from the EMS Trust Fund. Projects funded in this category are generally one-time/short-term allocations that solve a problem, fill a gap, or assist in completing a larger EMS System project that (1) enhances and/or (2) provides a countywide benefit to the Santa Clara County EMS System.
The Santa Clara County EMS Program through the Category C Funding has approved funding in the amount of $40,416 to the City of San José under the Fiscal Year 2022 EMS Trust Fund Agreement to purchase additional mechanical chest compression device systems. The term of this agreement is from January 31, 2022 through December 31, 2022.
CONCLUSION
Approval of this recommendation will provide the Fire Department with funding to enhance its EMS inventory and provide countywide benefit to the Santa Clara County EMS System.
EVALUATION AND FOLLOW-UP
This item does not require evaluation or follow-up although the City may be subject to audit of records pertaining to this agreement by the County or its representatives.
CLIMATE SMART SAN JOSE
The recommendation in this memorandum has no effect on Climate Smart San José energy, water, or mobility goals.
PUBLIC OUTREACH
This memorandum will be posted on the City’s Council Agenda website for the March 22, 2022 Council Meeting.
COORDINATION
This memorandum was coordinated with the City Attorney’s Office.
HONORABLE MAYOR AND CITY COUNCIL
March 8, 2022
Subject: 2022 EMS Trust Fund Agreement
COMMISSION RECOMMENDATION/INPUT
No commission recommendation or input is associated with this action.
COST SUMMARY/IMPLICATIONS
The maximum financial obligation for all products or services provided under this Agreement shall not exceed $40,416 for the term of the Agreement. The term of the Agreement ends December 31, 2022.
The City’s General Fund shall be 100% reimbursed for the following approved purchases:
1. AMOUNT OF RECOMMENDATION: $40,416
2. COST ELEMENTS:
Project Amount
Project 1: Mechanical Chest Compression Device System $40,416 TOTAL: $40,416
3. SOURCE OF FUNDING: General Fund, Fund 001
4. FISCAL IMPACT: Ongoing maintenance and operations expenses for the hardware and equipment are expected to have no fiscal impact. The purchase of these new mechanical chest compression device systems are to replace existing older systems that currently have ongoing funding for the annual maintenance and operations cost.
HONORABLE MAYOR AND CITY COUNCIL
March 8, 2022
Subject: 2022 EMS Trust Fund Agreement
BUDGET REFERENCE
The table below identifies the fund and appropriations to fund the agreement recommended as part of this memorandum.
Fund
#
Appn
#
Appn. Name
Current
Total
Appn
Rec.
Budget
Action
2021-2022
Adopted
Operating
Budget
Page
Last Budget
Action (Date,
Ord. No.)
001 R090 Revenue from
Local Agencies
$22,325,814 $40,416 131
02/09/22,
80365
001 NEW County of Santa
Clara EMS Trust
Fund – 2022
$0 $40,416 N/A N/A
CEQA
Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment.
ROBERT SAPIEN, JR. JIM SHANNON
Fire Chief, Fire Department Budget Director
I hereby certify that there will be available for appropriation in the General Fund in the Fiscal Year 2021-2022 moneys in excess of those heretofore appropriated therefrom, said excess being at least $40,416.
JIM SHANNON
Budget Director
For questions, please contact Athena Trede, Deputy Director at email or (408) 794-6953.