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HomeMy WebLinkAboutResolution - 2015-R0382 - Interlocal First Response Agreement - Lubbock County Hospital District - 11_19_2015Resolution No. 2015-RO382 November 19, 2015 Item No. 6.13 RESOLUTION BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an interlocal First Response Agreement between the City of Lubbock, on behalf of its Fire Rescue Department, and the Lubbock County Hospital District d/b/a UMC EMS to allow for coordination of emergency medical service inside the city limits of the City of Lubbock, Texas. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this November 19, 2015 GL . ROf3ERTSON, MAYOR ATTEST: Rebec t a Garza, City S retary APPROVED TO CONTE T: - l Lance clps, thief, LubboR Fire Rescue Department APPROVED A�;T'O FORM: ttorney ESIFR-UMC EM5 2015.doc Resolution No. 2015-R0382 First Response Agreement between UMC EMS and Lubbock Fire Rescue This Agreement is between the Lubbock County Hospital District d/b/a UMC EMS, ("UMC EMS") an EMS provider licensed by the Department of State Health Services ("DSHS"), and the City of Lubbock, Texas acting through the Lubbock Fire Rescue ("LFR"), an affiliated Advanced Life Support (ALS) First Responder Organization, as defined in the Texas Administrative Code, Title 25, Chapter 157, §157.14. The parties wish to coordinate emergency medical services inside the city limits of Lubbock, Texas. The parties agree to the following terms and conditions: 1. LFR personnel will respond to medical emergencies inside the established city limits of Lubbock, Texas. LFR agrees to respond to emergency medical requests in said area, 24 hours per day, every day of the year to assist UMC EMS. 2. UMC EMS and LFR will receive 911 calls at the same time through multiple PSAP switchboards. LFR agrees to send closest LFR first responder to the call. 3. UMC EMS and LFR agree to use radio channel Fire 1 for traffic monitoring when responding to a medical call. This will allow communication between UMC EMS and LFR. 4. LFR will operate under medical protocols established by a committee of LFR and UMC EMS personnel under the direction and final approval of the Medical Director. This group will be called the "Lubbock Area Prehospital Consortium." The protocols established will be called the, "Lubbock Fire Rescue Prehospital Treatment Protocols," herein referred to as the "LFR Treatment Protocols." 5. An agreed upon physician will serve as the Medical Director for both LFR and UMC EMS (herein referred to as the Medical Director). UMC will enter into a separate written agreement with the Medical Director for services. UMC shall be responsible for payment of compensation under a separate written agreement. The duties of the Medical Director, specific to LFR, will include: a. assisting with the development of LFR policies and procedures, First Response Agreement Page 1 of 9 b. overseeing competency testing and skills assessment of LFR personnel, c. interacting with LFR personnel to understand LFR operations, d. conduct case reviews of LFR responders as often as necessary to provide adequate opportunity to maintain attendance goals set by the medical director, e. when available, respond to city wide disasters and/or act as an on -scene physician f. represent LFR issues or concerns to the UMC Vice President responsible for the UMC EMS service, g. develop Tactical EMS protocols to supplement the LAPC Treatment Protocols for use during Tactical Medic activations in cooperation and coordination with Lubbock Fire Rescue and Lubbock Police Department. h. other issues deemed necessary. 6. UMC EMS and LFR will be represented at all quality assurance meetings and other similar functions regarding LFR/UMC EMS operations inside the City of Lubbock. Monthly meetings will include the UMC EMS Director, the Medical Director, and LFR Chief or their respective designees to discuss all operations between the services. 7. Only personnel who are certified by DSHS will perform actual patient care that is not within the normal scope of training for a Texas trained firefighter. When on an emergency medical scene, LFR personnel will be readily identified as to their level of medical training and member service. 8. LFR will respond to all scenes code 3 unless otherwise dictated by LFR policy and procedures and as dictated by Lubbock Police Department on stage back situations. 9. LFR will respond with all required equipment and supplies to be used in patient treatment. The equipment and supplies used by LFR will be listed and approved by the Medical Director. All equipment and supplies will be maintained in good condition and ready for an emergency response. All LFR responses will be with Basic Life Support (BLS) equipment to support the patient until Advanced Life Support (ALS) arrival via UMC EMS. Use of certain ALS equipment and procedures by LFR personnel maintaining an advanced DSHS certification and in full compliance with all Medical Director requirements will be done in accordance with and when indicated by the LFR Treatment First Response Agreement Page 2 of 9 Protocols and with prior approval of the Medical Director. Qualified LFR personnel may perform ALS care. 10. A patient "hand-off' is the transfer of patient care from one medical provider to another. Effective communication and cooperation is necessary for a safe and successful transition. In handing off the care, the provider should give all appropriate information about the patient's condition and the care that has been given. To the extent available, this should include: Patient's Age and Sex, Chief Complaint, Level of Responsiveness, Airway Status, Breathing Status, Circulation Status, Physical Exam Findings, History, and Treatment and Interventions. It is the desire of both the LFR and UMC EMS to ensure patients receive care from a paramedic as soon as it is safe and appropriate for a paramedic to provide patient care. Therefore, LFR and UMC EMS agree to the following: At a rescue scene, LFR shall have primary responsibility for a patient who is entrapped and requires special rescue and extrication procedures, such as vehicle, confined space, trench or water rescue. If UMC EMS has arrived on the scene first, UMC EMS shall hand off the patient to LFR for rescue and medical care in the area of entrapment, if the area of entrapment is deemed unsafe by LFR. Once LFR has extricated the patient, LFR shall hand off the patient to UMC EMS. At a Tactical Medic Operation, LFR shall have primary responsibility for patient care in the "hot" and "warm" zones. LFR shall hand off the patient to UMC EMS for transport in the cold zone. UMC EMS agrees to allow LFR Tactical Medics to accompany the transporting ambulance at LFR's request. A "Tactical Medic Operation" is a rescue situation in which there is a risk to first responders due to active shooters, the presence of explosive devices, hostage incidents, barricades, high risk warrant service, dignitary protection, and other similar situations in which the life and safety of the first First Response Agreement Page 3 of 9 responder is endangered or threatened by something other than the rescue scene itself or any other situation as deemed necessary by an incident commander. A "hot" zone is the area of a rescue scene in which there is an imminent danger to first responders. A "warm" zone is the area of a rescue scene adjacent to "hot" zone in which there is a potential danger for first responders. A "cold" zone is the area of the rescue scene considered "safe" from danger to first responders. At all other scenes, UMC EMS shall have primary responsibility for the patient. If LFR has arrived on the scene first, LFR shall hand off the patient to UMC EMS. At all times, LFR and UMC EMS personnel shall provide such assistance to each other as may be requested and appropriate to the provider's licensure and training. LFR agrees to accompany the transporting ambulance to the receiving hospital at UMC EMS's request. 11. LFR will provide appropriate patient care transfer, patient information gathered, and care rendered prior to UMC EMS arrival. LFR personnel will document all pertinent patient findings and treatments in a patient record that will be maintained and completed by LFR at their respective facilities. LFR will provide to UMC EMS upon written request a full written report within 1 business day of any patient care record unless otherwise prohibited by local, state, or federal law. 12. All responders will be responsible for maintaining written and verbal confidentiality of any and all protected patient information and taking reasonable precautions to prevent any unauthorized disclosure of records provided or prepared under the terms of this agreement. 13. Each party shall be responsible for its own acts or omissions and for any and all claims, liabilities, injuries, suits, demands, and expenses of all kinds which may result or arise out of any alleged First Response Agreement Page 4 of 9 malfeasance or neglect caused or alleged to have been caused by that party or its employees or representatives in the performance or omission of any act or responsibility of that party under this agreement. 14. LFR personnel and UMC EMS personnel have the right to cancel each other in limited circumstances which shall free the other responding units to be available for another call. a. UMC EMS agrees to cancel LFR when UMC EMS arrives on scene of an EMS call prior to LFR arrival and the LFR is not needed for patient care. b. LFR agrees to cancel UMC EMS when LFR arrives on scene of a motor vehicle collision (MVC) with no injuries; a false call; or structure fires when UMC is not needed for patient care. c. Neither LFR nor UMC EMS will leave the scene of a medical emergency or fire call unless agreement is reached between both parties on the scene and is confirmed with both EMS and Fire dispatch. d. Occasionally, Lubbock Police Department will cancel UMC EMS in route to the scene of a MVC without apparent injures. However, LFR personnel on scene may later identify potential injuries for which a potential patient denies treatment and/or transport. In these situations, LFR will request UMC EMS presence at the scene to assess potential injuries and to either transport the patient or have the patient document his/her refusal of treatment and/or transport. 15. UMC EMS and LFR agree to exchange quarterly statistics for quality improvement. Representatives from each organization will meet to go over any concerns and quality improvement issues. Quarterly statistics will be comprised of skills proficiency percentages for personnel, response times, number of responses, and any other issues that may deal with personnel and/or patient care. 16. LFR will provide documentation of ongoing Advance Life Support (ALS) skills training and quarterly competency testing of LFR personnel with advanced DSHS certification. This training meets the same standards as required of UMC EMS personnel. LFR personnel with advanced DSHS certification may complete quarterly competency testing and skills check -offs with LFR Field Training Officers, UMC EMS Senior Field Training Officer or the Medical Director. First Response Agreement Page 5 of 9 17. Case Reviews. UMC EMS must attend one live case review per quarter and view four video case reviews per year. LFR must attend 1 case review per quarter to be held at LFR facilities. The Medical Director will attend all case reviews held at LFR facilities 18. Relationship of the Parties. This Agreement does not establish a partnership, joint venture, joint enterprise, or employer/employee relationship between the parties, nor shall it be construed to do so in any manner. 19. Waiver. The waiver by either party of a breach or violation of any provision of this Agreement shall not operate as or be construed to be a waiver of any subsequent breach of any provision of the Agreement. 20, Notice. All notices required or permitted to be given under this Agreement shall be sufficient if furnished in writing, sent by registered mail, to the party's last known principal office. Principal office for LFR will be the City of Lubbock, City Secretary's office. 21. Governing Law, This Agreement shall be interpreted, construed, and governed according to the laws of Texas. Venue shall be in Lubbock, Lubbock County, Texas for all purposes. 22. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision, and this Agreement shall be construed as if such provision had never been included in this Agreement. 23. Assignment. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective heirs (as applicable), legal representatives, successors, and permitted assigns. The parties acknowledge that their services are unique and agree that they may not assign this Agreement nor any rights, interests, or obligations hereunder without the written consent of the non -assigning party. 24. Entire Agreement. This Agreement supersedes all previous contracts, and constitutes the entire agreement respecting the services described herein. First Response Agreement Page 6 of 9 25. Amendments. This Agreement may be modified or amended only if such amendment is made in writing and signed by the signatory parties hereto. 26. Compliance. The parties acknowledge that each is subject to applicable federal and state laws and regulations, and policies and requirements of various accrediting organizations. Each party will enforce compliance with all applicable laws, regulations, and requirements, and will make available such information and records as may be reasonably requested in writing by the other party to facilitate its compliance, except for records that are confidential and privileged by law. Each party shall have or designate a Compliance Officer or liaison with whom compliance issues shall be coordinated. 27. Access to Records. The parties agree that until the expiration of six years after the furnishing of services provided under this Agreement, the parties will make available to the Secretary of the United States Department of Health and Human Services ("the Secretary"), the United States Comptroller General, or the Texas Department of State Health Services, and their duly authorized representatives, this contract and all books, documents, and records necessary to certify the nature and extent of the costs of those services. If a party carries out the duties of this Agreement through a subcontract, the subcontract will also contain an access clause to permit access by the Secretary, the United States Comptroller General, the Texas Department of State Health Services, and their representatives to the related organization's books and records. 28. Certification. Each party certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this contract or any government program by any federal department or agency or by the State of Texas. EACH PARTY WILL NOTIFY IMMEDIATELY THE OTHER PARTY if this status changes and the name of any person who provides services under this Agreement or who has an ownership or controlling interest or is an agent or managing employee who is convicted of a criminal offense related to the person's involvement in a government program or is suspended, debarred, or excluded from participation in a government program. First Response Agreement Page 7 of 9 29. Non -Discrimination. Each party shall provide services without discrimination based on race, color, national origin, age, sex, disability, or political or religious beliefs. 30. Confidentiality. In the course of accomplishing services under this agreement, the parties will receive information, data, items and materials relating to each other's personnel, business plans, methods and techniques, financing, financial condition, customers, lists, accounts, pricing debts, assets, facilities and marketing, which both parties agree is Confidential Information. The parties agree not to disclose the Confidential Information of the other party, to any third party, without express written consent, either during the term of this agreement or for two years after its termination, except as required by law. Confidential Information does not include information that is (a) generally known in the industry in which the parties compete; or (b) is readily ascertainable by lawful means. 31. Term. This agreement is for a term beginning on the date that it is executed by all parties and continuing through July 30, 2016. Each May, the parties will review this agreement. Any amendments to this agreement shall be made in writing, signed by the parties, and submitted to DSHS. This contract can be terminated by any party providing 60 day written notice with the reasons of such. Either party may terminate this agreement at any time if patient safety is jeopardized by continuation of the agreement. 32. Upon execution, this Agreement terminates and replaces any existing First Response Agreement between UMC EMS and Lubbock Fire Rescue. For purposes of this termination and replacement, the parties mutually agree to waive the 60 day termination penalty set forth in Paragraph 31. <THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK > First Response Agreement Page 8 of 9 EXECUTED this 19th day of November FOR THE CITY OF LUBBOCK - , - o /41;// GLE C. ROBERTSON, Mayor ATTEST: Rebe ca Garza, City Secretary' APPROVED AS TO CONTENT: s Lance Phelps, Lubbock Fire Ret ue Chief APPROVED AS,TO FARM: John C Grac 154nt Ci y P orney i 2015. FOR THE LUBBOCK COUNTY OSPITAk DISTRICT D/B/A UMC EMS (" C E CAI DAVID ALLISON, President and CEO UMC Health System GERAD TROUTMAN, MD, Medical Director S:\cityatt\CITYATr\JOHN\Fire Dept\LFR UMC EMS Agreement 2015\2015 LFR UMC EMS {FINAL}.docx First Response Agreement Page 9 of 9 EXECUTED this . __ day of FOR THE CITY OF LUBBOCK GLEN C. ROBERTSON, Mayor ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Lance Phelps, Lubbock Fi a Rescue Chief APPROVED AS TO FO�iCA,� John C. Grace, Assistant City Attorney 2015 FOR THE LUBBOCK COUNTY HQSPITAL DISTRICT D/B/A UMC EMS r DAVID ALLISON, President and CEO UMC Health SoteV GER TROUTMAN, MD, dical Director sautyatt\C1TlATT110HN\Fire DeptNLFR UMC EMS Agreement 2015\2015 LFR UMC EMS (FINAL) docm First Response Agreement Page 9 of 9