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HomeMy WebLinkAbout08. Fire Continuation Educations AGENDA MEMO DATE: September 28, 2010 TO: Mayor and Members of the City Council FROM: Office of the City Manager By Jeff Turner, Fire Chief SUBJECT:Approval of Contract to Provide Fire Department Continuing Education and Quality Assurance/Improvement Program. RECOMMENDATION That the City Council approve the Agreement with The Regents of the University of California, a California corporation, on behalf of the Center for Pre-hospital Care (UCLA) to provide an in-station Continuing Education and Quality Assurance Program for all Downey Fire Department personnel. The cost of the Agreement per year is $50,400. BACKGROUND For the past 15 years the fire department has contracted services for a nurse educator. Over these years due to changes in service levels and increased oversight by the Department of Health Services, the scope of these services has increased. The current scope of work includes: (1) ensuring Fire Department Emergency Medical Services meet Department of Health Services requirements; (2) continuing education for all Fire Department paramedics; (3) providing Emergency Medical Technician training; (4) monitoring the present Quality Assurance Program; (5) reporting findings to the Fire Chief and the Department of Health Services; and (6) providing oversight for the communications center Emergency Medical Dispatch Program (EMD). DISCUSSION The UCLA Center for Pre-hospital Care currently provides like services to over half of the fire departments in Los Angeles County. Their educators have over 100 years of combined experience in delivering pre-hospital care and designing pre-hospital care education courses. In addition to having one of their nurse educators assigned to our department, we will also receive the full support of the administrative staff to help keep us up to date on changes in the EMS system. We feel this change in providers will not only save money in these challenging budget times but give us a new perspective on how we train our personnel and provide EMS services. The City Attorney has reviewed the attached contract and has approved the document for form and process. FINANCIAL IMPACT It is estimated this Agreement will cost $50,400 per year. The budgeted amount for these services in the current 2010-11 budget is $90,000. Estimated saving in this year’s budget will be $29,000. H:\FIRE\Bodine\Agenda Items\Continuing Education and QI.doc CITY OF DOWNEY, CALIFORNIA UCLA And Downey Fire Department Services Agreement This Agreement (“Agreement”) is made and entered as of ____________________, 2010 by and between The Regents of the University of California, a California corporation, on behalf of the Center for Prehospital Care (“UCLA”) and City of Downey (“City”), on behalf of the Downey Fire Department (“Department”). RECITALS A. The UCLA Center for Prehospital Care conducts continuing education in prehospital and emergency medicine to maintain licensure as an Emergency Medical Technicians (EMTs) and Paramedic (referred to as “CE Programs”), provides quality improvement services to maintain or enhance the quality of patient care (referred to as “QI Services”) and provides continuing education for Emergency Medical Dispatchers (EMD) (referred to as “EMD Services”). B. Department desires to utilize the services to maintain the certifications of their employees and to continue to deliver quality patient care to their community. NOW THEREFORE , the Parties hereby agree as follows: Article 1 Rights and Responsibilities of UCLA Provide an Educator ("Educator") 1.1. UCLA shall provide an Educator(s) to Department to conduct CE Programs, QI Services and EMD Services. The Educator(s) shall be subject to the mutual approval of both UCLA and Department. Provide CE Programs 1.2. Scheduling CE Programs. 1.21 Provide and schedule two to three hours of EMT and Paramedic CE programs on each of three shifts in the morning and afternoon each month. CE Programs shall be provided on-site at the Department on dates mutually agreeable to both parties. CE Program Content. 1.22 All Education Programs shall have content that meets the criteria established by the County of Los Angeles and the State of California to fulfill EMT and Paramedic continuing education and recertification requirements. Department shall maintain approval to award Prehospital CE with the Los Angeles County Department of Health Services Emergency Medical Services Agency. Content shall be developed in collaboration with Department and shall include skills practice, remediation and verification for paramedics each year. Provide QI Services. 1.3 On Site Evaluation. 1.31 Direct observation via ride alongs will be provided to evaluate Department personnel under field conditions and design and provide education to any specific needs identified. This will be conducted on each of the three shifts each month. Quality Improvement Activities 1.32. The Educator(s) shall develop, coordinate and maintain a quality improvement plan for Department. This shall include: developing a system to review Department's patient care reports, developing patient care report review criteria, reviewing patient care reports, coordinating bi- annual quality improvement meetings, providing direct field observation, developing a plan to evaluate the competency of Department personnel, assisting in fact-finding for specific incidents and attending the Los Angeles County EMS Agency Quality Improvement Committee meetings and other required meetings as available to gather information regarding updates and changes to policies and/or procedures and reporting to the Department, and prepare for, and be present at the Los Angeles County EMS Agency EMS QI provider audit. Emergency Medical Dispatch Services. 1.33The Educator(s) shall serve as the medical oversight of the dispatch center, collaborate with the dispatch supervisor monthly to develop and review performance indicators, provide two hours of CE to dispatchers twice on one day each month, periodically observe dispatcher interrogations and assist the department in maintaining EMD accreditation. Reports and Records 1.34. The Educator(s) will conduct an annual survey to identify the strengths and weaknesses of the CE and QI programs, regularly report on QI Activities to the fire chief and QI designee (as identified in Section 3.2) and implement the recommendations under the direction of the QI Designee. Additionally, the Educator(s) will prepare records and summaries for the Los Angeles County EMS Agency CE and QI audit of the Department. Article 2 Confidentiality Definition. 2.1 For purposes of this Agreement, the term “Confidential Information” shall mean any information disclosed in order to accomplish the work under this Agreement by one party (“Disclosing Party”) to another party (“Receiving Party”) that is considered confidential by the Disclosing Party, provided such information is in writing or other tangible form and clearly marked as confidential when disclosed, or is so designated in writing within thirty (30) days of such disclosure. The parties agree to disclose only information that is necessary to the work and to send such information directly to the parties noticed in Section 9 of this Agreement. Obligations of the parties 2.2. The Receiving Party agrees, to the extent permitted by law, that Confidential Information shall remain the property of the Disclosing Party and that the Receiving Party shall only use, disclose or distribute Confidential Information within its own organization as is reasonably necessary to carry out the intent of this Agreement. For the period of the Agreement and for a period of five (5) years after disclosure, Confidential Information shall not be used or disclosed to others except in furtherance of this Agreement, provided, however, that the foregoing obligation of non-use and non-disclosure shall not apply to any portion of the Confidential Information that: 2.21 is or shall have been known to the Receiving Party before his/her receipt thereof; 2.22 is or shall have been disclosed to the Receiving Party by a third party; 2.23 is or shall have become known to the public other than through the Receiving Party; 2.24 is independently created by the Receiving Party’s personnel who have had no exposure to the Confidential Information; or 2.25 is required by law, regulation, a court of competent jurisdiction or any rules of civil procedure applicable to any court or administrative proceeding to be disclosed. Return of Confidential Information. 2.3 Upon the expiration or earlier termination of this Agreement, the Receiving Party shall promptly return to the Disclosing Party all Confidential Information of the Disclosing Party and any copies made thereof, whether in written, electronic or any other form. Article 3 Rights and Responsibilities of Department Provide Space and Equipment. 3.1 Department shall provide a classroom sufficient to provide quality instruction, audiovisual equipment, a desk with secure file storage, and access to Department training equipment and supplies for the purposes of instruction. Designate QI Person. 3.2 Department shall designate a person responsible for QI Services in the Department and to receive the information under this agreement and direct the QI Activities (“QI Designee”). Designate CE Program Director. 3.3 Department shall designate a person to serve as the Program Director for CE Program approval. Records. 3.4 The Department shall maintain records of personnel attending CE sessions. Responsibility 3.5. Department understands and accepts the responsibility for the clinical activities and care provided by its employees and agents and for the implementation of the QI Services under this Agreement. Article 4 Term 4.1 The term of this Agreement shall commence on October 1, 2010, and be in effect through June 30, 2013. This Agreement shall automatically renew for two additional one-year terms unless terminated earlier as set forth in this Agreement. Article 5 Termination Termination without Cause 5.1. Either party may terminate this Agreement at any time without cause by providing the other party with sixty (60) days notice to the names set forth in Article 9 below. Termination for Cause 5.2. Either party may terminate this Agreement for cause or a material breach by providing the other party with thirty (30) days written notice to the names set forth in Article 9 below. If the breaching party fails to cure the breach, the termination shall be effective at the end of the thirty (30) day period. Article 6 Payment Compensation for Services 6.1. Department agrees to compensate UCLA for the services provided by the Educator(s) under this Agreement. Department agrees to pay $50,400 per year for the services covered under this agreement. UCLA shall bill $4,200 monthly. At the end of each term, as set forth in section 4.1. UCLA shall increase the cost of services by changes in the percent of the consumer price index for the Greater Los Angeles area. Department shall pay this amount due within 30 days of receipt of the invoice from UCLA. Payment 6.2. Any payment to UCLA made pursuant to this Agreement shall be made by check payable to the Regents of the University of California and mailed to: Business Services Manager UCLA Center for Prehospital Care 10990 Wilshire Blvd., Suite 1450 Los Angeles, CA 90024 Article 7 Insurance 7.1 The parties agree to obtain and maintain the insurance set forth in Exhibit A for UCLA and Exhibit B for Department. Article 8 Indemnification 8.1 Department and the City agree to defend, indemnify, and hold harmless UCLA, its officers, employees and agents from and against any and all liability, loss, expense (including reasonable attorneys’ fees) or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the Department and City, its officers, employees or agents. 8.2 UCLA agrees to defend, indemnify, and hold harmless Department and the City, its officers, employees and agents from and against any and all liability, loss, expense (including reasonable attorneys’ fees) or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of UCLA, its officers, employees or agents. Article 9 Notice 9.1 Any notice required to be given to any Party is deemed to have been given and to be effective on the date of delivery if delivered in person, or five days after mailing if mailed by first-class certified mail, postage paid, or on the date of the fax confirmation if made by fax, to the respective addresses given below or to any other address as designated in writing to the other Party: UCLA: Todd LeGassick Managing Director UCLA Center for Prehospital Care 10990 Wilshire Blvd., Suite 1450 Los Angeles, CA 90024 With a copy to: UCLA Medical Center Legal Affairs 10920 Wilshire Blvd., Suite 420 Los Angeles, CA 90024 Department: Captain John Day Paramedic Coordinator Downey Fire Department 12222 Paramount Blvd. Downey, CA 90241 With a copy to: _______________________ _______________________ _______________________ _______________________ Article 10 Use of Name 10.1 Neither Party may use the name of the other, including the name UCLA, the Regents of the University of California, or the University of California, in any advertising, publicity, or otherwise, without the prior written approval of the other Party. Article 11 General Terms Relationship 11.1. This Agreement is not construed as creating a partnership, joint venture, or agency relationship among the Parties. The relationship between the parties shall at all times be that of independent contractors. Non-solicitation 11.2. Department agrees that it will not solicit UCLA Educator(s) for employment at the Department during the term of the agreement and for twelve 12 months after its completion. Governing Law. 11.3 This Agreement must be interpreted and construed according to the laws of the State of California. Modifications. 11.4 Any amendments or modifications to this Agreement must be in writing and signed by authorized representatives of both parties. Assignment. 11.5 Neither Party may assign their rights, duties, or obligations under this Agreement, either in whole or in part, without the prior written consent of the other Party. Severability 11.6. The provisions of this Agreement are severable. If any provision of this Agreement is determined to be invalid or unenforceable under any controlling body of law, the invalidity or enforceability does not in any way affect the validity or enforceability of the remaining provisions of this Agreement. Waiver. 11.7 Waiver by any Party of any breach of any provision of this Agreement or warranty or representation shall not be construed as a waiver of any subsequent breach of the same or any other provision. The failure to exercise any right in this Agreement shall not operate as a waiver of such right. Entire Agreement. 11.8 This Agreement, and the Exhibits, contain the entire Agreement between the parties with respect to the subject matter of the Agreement and supersedes all prior written or oral agreements with respect to the subject matter in the Agreement. No Third Party Beneficiaries. 11.9 None of the provisions contained in this Agreement are intended by the parties, nor shall they be deemed, to confer any benefit on any person not a party to this Agreement. [Signature page follows.] IN WITNESS THEREOF , the parties hereto have executed this Agreement on the dates indicated. DATE: ________________ By: UCLA, The REGENTS OF THE UNIVERSITY OF CALIFORNIA, By: _____________________________ On behalf of the Center for Prehospital Care _____________________________ Print Name _____________________________ Title DATE: _________________ THE CITY OF DOWNEY By: _____________________________ On behalf of Department _____________________________ Print Name _____________________________ Title Exhibit A Insurance I. UCLA UCLA at its sole cost and expense shall insure or self-insure its activities in connection with this Agreement by maintaining programs of self-insurance as follows: 1. General Liability Self-Insurance with a limit of five million dollars ($5,000,000) per occurrence. 2. Business Automobile Liability Self-Insurance Program for owned, non- owned, or hired automobiles with a combined single limit of not less than five million dollars ($5,000,000) per occurrence. 3. Professional Medical and Hospital Liability Self-Insurance Program with limits of five million dollars ($5,000,000) per occurrence. 4. Workers’ Compensation and Employers Liability Self-Insurance Program covering University’s full liability under the Workers’ Compensation Insurance and Safety Act of the State of California as amended from time to time. 5. Such other insurance in such amounts which from time to time may be reasonably required by mutual consent of the parties against other insurable risks relating to performance. It should be expressly understood, however, that the coverages required under Sections 1, 2, and 3 above shall not in any way limit the liability of UCLA. The coverages referred to under Sections 1 and 2 above shall include Department and City as insureds. Such a provision, however, shall apply only in proportion to and to the extent of the negligent acts or omissions of UCLA, its officers, employees and agents under this Agreement. UCLA, upon execution of this Agreement, shall furnish Department with Certificates of Self-Insurance evidencing compliance with all requirements. II. Department Department at its sole cost and expense shall insure or self-insure its activities in connection with this Agreement by maintaining programs of self-insurance as follows: 1. General Liability Self-Insurance with a limit of five million dollars ($5,000,000) per occurrence. 2. Business Automobile Liability Self-Insurance Program for owned, non- owned, or hired automobiles with a combined single limit of not less than five million dollars ($5,000,000) per occurrence. 3. Professional Medical Liability Self-Insurance Program with limits of five million dollars ($5,000,000) per occurrence. 4. Workers’ Compensation and Employers Liability Self-Insurance Program covering Department’s full liability under the Workers’ Compensation Insurance and Safety Act of the State of California as amended from time to time. 5. Such other insurance in such amounts which from time to time may be reasonably required by mutual consent of the parties against other insurable risks relating to performance. It should be expressly understood, however, that the coverages required under Sections 1, 2, and 3 above shall not in any way limit the liability of Department. The coverages referred to under Sections 1 and 2 above shall include UCLA as insured. Such a provision, however, shall apply only in proportion to and to the extent of the negligent acts or omissions of Department, its officers, employees and agents under this Agreement. Department, upon execution of this Agreement, shall furnish Department with Certificates of Self-Insurance evidencing compliance with all requirements. III. NOTICE Each party shall provide the other with at least thirty (30) days advance written notice to the names set forth in Article 9 of this Agreement of any changes, modifications or cancellations of the above coverages.