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Home My WebLink AboutSL Ambulance - Assignment of Billing Rights for First RespondersAGREEMENT FOR ASSIGNMENT OF BILLING RIGHTS FOR FIRST RESPONDER SERVICES This Agreement for Assignment of Billing Rights for First Responder SerVices ("Agreement"),. by and between the City of San Luis Obispo, a municipal corporation ("City") and San Luis Ambulance Service, Inc., a California corporation ("SLAS") is entered into-on the date set forth below. Collectively, the parties to this agreement are referred to as "the parties." RECITALS WHEREAS, SLAS is pmty to a April 16, 2002 agreement with the County of San Luis Obispo to provide ambulance services within the County of San Luis Obispo; and WHEREAS, Article 4 of the April 16, 2002 agreement with the County of San Luis Obispo provides that SLAS shall make certain payments to the City in exchange for a general assignment of the City's lights to bill persons for certain services provided by its fire depmtment in connection with emergency calls for medical assistance; and WHEREAS, City's fire department meets mInImUm Advanced Life Support Services requirements and/or EMT-D qualifications as set forth by the County of San Luis Obispo's Emergency Medical Service Agency; and WHEREAS, Article 3 of the April 16, 2002 agreement with the County of San Luis Obispo provides Performance standards utilizing City's First Responder Advanced Life Support and/or EMT-D services in meeting SLAS deployment plan goals; and WHEREAS, Article 4 of the APlil 16, 2002 agreement with the County of San Luis Obispo requires that the parties to this Agreement enter into a separate written agreement providing for assignment ofthe City's rights to bill persons for these services. NOW, THEREFORE, IN CONSIDERATION OF THE PROVISIONS SET FORTH BELOW, THE PARTIES AGREE AS FOLLOWS: 1. Definitions: The parties hereby incorporate by reference all definitions set forth in Alticle 1 of the April 16, 2002 agreement between SLAS and the County of San Luis Obispo (Exhibit A). 2. Assignments: City hereby assigns its rights to SLAS to directly bill persons for first- response emergency medical services provided by its fire department in cOlli1ection with emergency calls for medical assistance. First-response emergency medical services provided by the City's fire department include, but are not limited to, providing initial stabilization and trained on-scene assistance, and assistance en-route to medical facilities as required, and extrication and rescue services. 3. Timing and Amount of First Responder Payment: The Contractor shall make the first responder payments shown in Exhibit B, attached hereto. CITY because it has implemented ALS service and meets the minimum ALS requirements as outlined by the local EMS Agency shall be paid for services between January 1,2002 and June 30, 2002 according to the payment schedule set forth in Exhibit 2. All first responder payments shall be made no later than the end of the second month following the end of the quarter for which the payment accrued (for example, payment for the period of April 1st through June 30d1 will be due on or before the following August 30d'). 4. Annual Adjustment to Payments: The quarterly payments to the first responder agencies will be adjusted annually, effective July 1, 2003, and annually thereafter, in proportion to the change in the Los Angeles-Riverside-orange County Consumer Price Index. However, in no event shall the annual increase exceed five percent (5%). The indexes shall be for All urban Consumers as published by the Bureau of Labor Statistics. 5. Equipment Exchange and Replacement: SLAS shall establish a restocking plan and replenish disposable medical supplies and equipment used by CITY in connection with each patient transport. 6. Indemnification: SLAS shall defend, indemnify, save and hold harmless the City and its officers and employees from any and all claims, costs and liability (including without limitation, attorneys' fees) for any damages, sickness, death or injmy to person(s) or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the operations or services of SLAS or its agents, servants, employees or subcontractors, save and except claims or litigation arising from the sole negligence or sole willful misconduct of the City or its officers or employees. 7. Term: The term of this Agreement shall coincide with the ambulance agreement between the County and SLAS. Agreement shall be five years, with three one-year extension options commencing April 2002. Unless this Agreement is terminated by either party pursuant to this Agreement, the term of this Agreement shall be automatically extended for a period not to exceed twelve months. During this extension period, the Agreement shall remain in full force and effect as to all terms and conditions as applicable during the original five-year period of the Agreement. If the Agreement is extended as provided, SLAS shall continue to make payments as set forth above, and City shall continue to assign its rights to directly bill persons for emergency services rendered by its fire department. 8. Early Telmination: This Agreement may be terminated by either party, in its sole discretion, upon one hundred eighty days' advance written notice to the other party. This Agreement may be terminated immediately upon written mutual agreement of the parties. Furthermore, City may terminate this Agreement immediately should the County of San Luis Obispo terminate its March 26, 1996 agreement with SLAS as provided in Section 7.3 of that agreement. 9. Modification: This Agreement may be modified or amended only by a written document executed by the City and SLAS. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided for in this Agreement, not other understanding or representation, oral or otherwise, regarding the subject matter of this Agreement, shall bind or affect either of the parties. ~ v-t... day of Sept: ,2002~LS ~-4'. ~/d;6 Mayor Allen Settle President and CEO Frank Kelton City of San Luis Obispo San Luis Ambulance -Service, Inc. City Clerk APPROVED AS TO FORM: EXHIBIT A. ARTICLE 1. DEFINITIONS For the purpose of this agreement, all words and phrases that are defined in section 6.60.010 of the San Luis Obispo County Code shall have the meaning ascribed to them in said section of the COlillty Code and are incorporated herein by reference. The following words and phrases that are not defined in section 6.60.010 shall have the following meaning: Advanced Life Support (ALS): For ambulance services, means special services designed to provide definitive prehospital emergency medical care, including but not limited to, cardiopulmonary resuscitation, cardiac monitoring, cardiac defibrillation, advanced airway management, intravenous therapy, administration of specified drugs and other mechanical preparations, and other medicinal preparations, and other specified techniques and procedures acL'Ilinistered by authorized personnel under t.;e direct supervision of a base hospital as part of the local EMS system at the scene of an emergency during transport to an acute care hospital and during interfacility transfer. ALS Provider: A public or private provider officially designated by the County Health _Qffi~er as an entity authorized to operate ALS Units and provide ALS services in San Luis Obispo County. APOC: The San Luis Obispo County Ambulance Performance/Operations Committee, created pursuant to section 6.60.050 of Chapter 6.60. Ambulance Service Area: The Northern; Central, and Southern Ambulance Service Areas are the geographical areas of the COl,lIlty that are separately defmed in Exhibit A, attached hereto and incorporated herein by this reference. Basic Life Support (BLS): Emergency first aid and cardiopulmonary resuscitation procedures which as a minimum include recognizing respiratory and cardiac arrest and starting the proper application of cardiopulmonary resuscitation to maintain life without invasive techniques until the victim may be transported or until advanced life support is available.: Chapter 6.60: Chapter 6.60 of the San Luis Obispo County Code ("Prehospital Emergency Medical Care and Transport Services"). Contract Manager: The County's Public Health Agency Director, or designee, or successor in responsibility. County: The County of San Luis Obispo. Emergency: A condition or situation in which an individual has a need for immediate medical attention or where the potential for such need is perceived by emergency medical personnel or a public safety agency. EMS Act: California Health and Safety Code Sections 1797 et seq., or successor legislation on the same subject. EMSA, Inc.: The San Luis Obispo Emergency Medical Services Agency, Inc., a California nonprofit corporation. EMSA, Inc. is not the Local EMS Agency but it does perform certain functions for the Local EMS Agency pursuant to a contract with the County. EMS System: A system of organizations, resources and individuals from whom some action is required to ensure a timely and medically appropriate response to medical emergencies. First Response Organization: Typically a public agency, such as a fire department, that responds to emergency calls for medical assistance, providing initial stabilization and trained assistance on-scene and, when required, en route to medical facilities; also refers to certain extrication and rescue services. In accordance with priority dispatch protocol, a first response unit is routinely sent to all preSlll11ptively classified life-threate:ning calls within the ambulance contractor's service area. Incident Command System: The combination of facilities equipment, personnel procedures, and communications operating within a cornmon organizational structure, with _responsibility for the management of assigned resources to effectively accomplish stated objectives pertaining to an incident.:. Life Threatening Emergencies: Those situations determined in accordance with local medical direction that are likely to result in the loss of life without immediate intervention. Local EMS Agency: The Public Health Agency of the County of San Luis Obispo, under the direction of the Public Health Agency Director, or its successor in responsibility (in the event of a reorganization affecting the Public Health Agency). Local EMS Plan: The emergency medical services plan adopted by the Local EMS Agency pursuant to the requirements of the EMS Act. Medical Control: The medical management of the emergency medical services system pursuant to the provisions of Health & Safety Code chapter 5, sections 1978 et seq. Non-Life Threatening Emergencies: Those medical emergencies determined in accordance with local medical direction, not likely to result in the loss oflife. Public Health Agency Director: The Public Health Agency Director of San Luis Obispo County. Medical Director: The physician under whose license and authority EMTs and Paramedics provide services. Paramedic: An individual trained and licensed to perfonn advanced life-support procedures under the direction of a physician.(Also referred to as an EMT -P.) Paramedic Ambulance: An ambulance staffed by a minimum of one licensed paramedic and one certified EMT and equipped to provide advanced life support (ALS). Transport: When a patient is transported by ambulance to a hospital or between medical facilities where the medical capabilities of an ambulance are required or potentially required. ARTICLE 2. DESIGNATION AS PROVIDER AND ," DESCRIPTION OF SERVICES TO BE PROVIDED 2.1 Services -In General. Pursuant to Chapter 6.60, the County hereby designates the Contractor as the Ambulance Service Provider for the Northern -Central Ambulance Service Area. Within each of said Ambulance Service Area, the Contractor shall provide emergency ambulance service without interruption, 24 hours per day, everj day, for the full term of this contract, in accordance with all provisions of this contract. The Contractor shall provide said emergency ambulance services without regard to the patient's race, color, national origin, religious affiliation, age, sex, or ability to pay. 2.2.Applkable Standards and. Involved Agencies. The Contractor shall provide Advanced Life Support ("ALS") emergency ambulance services under Medical Control as dispatched by MED-COM. Such services shall be provided in accordance with the requirements oftbe EMS Act, Chapter 6.60, the Local EMS Plan, this contract, and any other applicable statutes, ordinances and regulations. In performing services hereunder, the Contractor shall work cooperatively with the Local EMS Agency. The Contractor shall also cooperate with APOC and EMSA, Inc. with respect to matters within their purview. 2.3 Air Ambulance Transport. The County reserves the right to enter into separate transport agreements with air ambulance providers. Notwithstanding any other provision of this Agreement, the County may provide for air transport of patients when such transportation is deemed by the most senior medical personnel on the scene to be in the best interest of the patient(s).However, no such agreement shall provide for air transport of non-critical patients or of critical patients when a ground ambulance is on-scene and transport time by ground ambulance to the most accessible emergency medical facility equipped, staffed, and prepared to administer care appropriate to the needs of the patient is the same or less than the estimated air transport time. 1st RespontA<:r Payments <:'0 -....... .Ll -r;: '>(. '-lJ ro Quarter Quarter Quarter Quarter Quarter <IJ 1/1/02 thru 4/1/02 thru Quarter 10/1/02 thru 1/1103 thru 4/1/03 thru....-< <IJ Annual Amount of 3/31/02; 6/30/02; 7/1/02 thru 12/31/02; 3/31/03; 6/30/03: u First Responder Contractual Increase or Due Due Due-~ Due 9/30/02; Due (~ Agency Amount (Decrease) 5/31/02 8/30/02 Due 11130/02 2/28/03 5/31/03 8/30/03 C Morro Bay Prior Contract 54,836.00 13,709.00 13,709.00 13,709.00 13,709.00 13,709.00 13,709.00 New Amount 64,800.00 9,964.00 4,982.00 2,491.00 2,491.00 2,491.00 2,491.00 Total Due 13,709.00 18,691.00 16,200.00 16,200.00 16,200.00 16,200.00 C SLO City Prior Contract 120,300.00 30,075.00 30,075.00 30,075.00 30,075.00 30,075.00 30,075.00 1-------f-- New Amount 129,600.00 9,300.00 4,650.00 2,325.00 2,325.00 2,325.00 2,325.00 TotalD4,e 30,075.00 34,725.00 32,400.00 32,400.00 32,400.00 32,400.00 C SLO County Prior Contract 13,090.00 3,272.50 3,272.50 3,272.50 3,272.50 3,272.50 3,272.50 1------ New Amount 23,400.00 10.310.00 5,155.00 2,577.50 2,577.50 2,577.50 2,577.50 Total Due 3,272.50 8,427.50 5,850.00 5,850.00 5,850.00 5,850.00 C South Bay Prior Contract 48,120.00 12,030.00 12,030.00 12,030.00 12,030.00 12,030.00 12,O~0.0~ -----f----- New Amount 50,850.00 2,730.00 1,365.00 682.50 682.50 682.50 682.50 . Total Due 12,030.00 13,395.00 12,712.50 12,712.50 12,712.50 12,712.50 S Arroyo Grande Prior Contract 7,118.00 1,779.50 1,779.50 1,779.50 1,779.50 1.779.50 1,779.50----. ------- New Amount 7,650.00 532.00 266.00 133.00 133.00 133.00 133.00 _... Total Due 1,779.50 2,045.50 1,912.50 1,912.50 1,912.50 1,912.50 S Grover Beach Prior Contract 6,150.00 1,537.50 1,537.50 1,537.50 1,537.50 1,537.50 -1,537.50 _. New Amount 6,000.00 (150.00) (75.00) (37.50) (37.50) (37.50) (37.50) Total Due 1,537.50 1,462.50 1,500.00 1,500.00 1,500.00 1,500.00 S Pismo Beach Prior Contract 8,416.00 2,104.00 2,104.00 2,104.00 2,104.00 2,104.00 2,104.00 New Amount 6,150.00 (2,266.00) (1,133.00) (566.50), (566.50) (566.50) (566.50) Total Due 2,104.00 971.00 1,537.50 1,537.50 1,537.50 1,537.50 S SLO County Prior Contract 8,416.00 2,104.00 2,104.00 2,104.00 2,104.00 2,104.00 2,104.00 (Co.lCDF) New Amount 72,600.00 64,184.00 See Note 1 See Note 1 See Note 1 See Note 1 See Note 1 -_. __..._--------_. --------_._-_.. _.. _-----.--- Total Due 2,104.00 See Note 1 See Note 1 See Note 1 See Note 1 See Note 1 S Oceano Prior Contract 2,910.00 727.50 727.50 727.50 727.50 727.50 727.50 1--------------1----- New Amount 2,700.00 (210.00) (105.0q) ___ (52.50) (52.50) (52.50) _(52:...~Q)._--- Total Due 727.50 622.50 675.00 675.00 675.00 675.00 ----. ------ Note 1: The i~crease shall become effective o~ the latter of (1) execution of the contract, and (2) implementation of paramedic service. The Quarterly payment increase shall be $16,046 for a full quarter. Partial quarters shall be prorated. Page 2 of 2 1 st Respont.,.d Payments Paso Robles shall receive the full amount of the Increase for both years. Payment for Payment for Quarter Payment for Payment for Payment for QuarterPayment for QuarterQuarter Quarterltl Q)... 4/1/03 thru 1/1/03 thru 10/1/02 thru 1/1/02 thru 4/1/02 thru Quarter« 6/30/03;Q) 3/31/03;Annual Amount of 3/31/02; 7/1/02 thru 12131/02;6/30/02;u Due Agency .~ First Responder DueContractual Increase or 9/30/02; DueDue Due 8/30/03Amount 5/31/03(Decrease) 5/31/02 Due 11/30/02 2/28/038/30/02J5 1,888.50N Paso Robles Prior Contract 1,888.507,554.00 1,888.50 1,888.50 1,888.501,888.50 14,311.50 Total Due New Amount 64,800.00 14,311.5057,246.00 14,311.50 14,311.5057,246.00 16,200.0016,200.001,888.50 16,200.00 16,200.0059,134.50 All other agencies shall receive 50% of the annual increase for 2001·02 and 100% of the annual increase for 2002-03. ltl Q)... « Q) u .~ First Responder Annual Contractual Amount of Increase or Quarter 1/1/02 thru 3/31/02; Due Quarter 4/1/02 thru 6/30/02; Due Quarter 7/1/02thru 9/30/02; Quarter 10/1/02 thru 12/31/02; Due Quarter 1/1/03 thru 3/31/03; Due Quarter 4/1/03 thru 6/30/03; Due J5 Agency Amount (Decrease) 5/31/02 8/30/02 Due 11/30/02 2/28/03 5/31/03 8/30/03 N Atascadero Prior Contract 78,898.00 19,724.50 19,724.50 19,724.50 19,724.50 19,724.50 19,724.50 New Amount 83,250.00 4,352.00 2,176.00 1,088.00 1,088.00 1,088.00 1,088.00 Total Due 19,724.50 21,900.50 20,812.50 20,812.50 20,812.50 20,812.50 N San Miguel Prior Contract 2,012.00 503.00 503.00 503.00 503.00 503.00 503.00 New Amount 3,300.00 1,288.00 644.00 322.00 322.00 322.00 322.00 Total Due 503.00 1,147.00 825.00 825.00 825.00 825.00 N SLO Co. Prior Contract 34,915.00 8,728.75 8,728.75 8,728.75 8,728.75 8,728.75 8,728.75 New Amount 45,900.00 10,985.00 5,492.50 2,746.25 2,746.25 2,746.25 2,746.25 Total Due 8,728.75 14,221.25 11,475.00 11,475.00 11,475.00 11,475.00 N Templeton -Prior Contract 3,524.00 881.00 881.00 881.00 881.00 881.00 881.00 New Amount 6,750.00 3,226.00 1,613.00 806.50 806.50 806.50 806.50 Total Due 881.00 2,494.00 1,687.50 1,687.50 1,687.50 1,687.50 C Avila Bch ---Prior Contract 3,356.00 839.00 839.00 839.00 839.00 839.00 839.00 -_. -'._New Amount 2,850.00 (506.00) (253.00) (126.50) (126.50) (126.50) (126.50) Total Due 839.00 586.00 712.50 712.50 712.50 712.50 C Cayu~_~s ___ ._ Prior Contract ~._-----_._- 3,524.00._--_._---_.-------881.00 . --_..--.1-. 881.00 881.00 .... ---~ 881.00 881.00 1-- 881.00 -.. ... New Amount _. 4,200.00 676.00 ------_.. 338.00._169.00 169.00 169.00 " ..__._---f--.-----169.00 ,------ Total Due 881.00 1,219.00 1,050.00 1,050.00 1,050.00 1,050.00 Page 1 of 2