Loading...
HomeMy WebLinkAboutResolution - 2012-R0298 - First Response Agreement - Lubbock County Hospital District - 07/26/2012Resolution No.2012-R0298 July 26,2012 Item No.5.4 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock,a First Response Agreement by and 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 Lubbock Fire Department,and related documents.Said First Response Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on July 26,2012 ATTEST: Rebecca Garza.Citv Secrelar APPROVED AS TO CONTENT: ^TIL. Mike Kemp.Lubbock/Fire Department Chiel APPROVED AS TO FORM: // Chad Weaver.Assistant Citv Attornev vwxcdocs/RF.S.Agrmt-UMC EMS & LFD July 5,2012 MAYOR First Response Agreement between UMC EMS and Lubbock Fire Department 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 Cityof Lubbock, Texas acting through the Lubbock Fire Department (herein referred to as LFD),a first responder organization holding registration by DSHS. 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.LFD personnel will respond to medical emergencies inside the established city limitsof Lubbock, Texas.LFD 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 LFD will receive 911 calls at the same time through multiple PSAP switchboards.LFD agrees to send closest LFD first responder to the call. 3.UMC EMS and LFD agree to use radio channel EMS1 for traffic monitoring when responding to a medical call.This will allow communication between UMC EMS and LFD. 4.LFD will operate under medical protocols established by South Plains EMS (SPEMS)as approved by the SPEMS Medical Director. 5.LFD may select an Associate Medical Director from an approved listof physicians provided bythe SPEMS Medical Director.UMC will enter into a separate written agreement with the Associate Medical Director for services.UMC shall be responsible for payment of compensation to the Associate Medical Director under the separate written agreement.The duties of the Associate Medical Director will include: a. assisting with the development of LFD policies and procedures, First Response Agreement Page 1 of 7 b.overseeing competency testing and skills assessment of LFD personnel, c.interacting with LFD personnel to understand LFD operations, d.conducting case reviews of LFD responses 2 times per month, e.when available,respond to city wide disasters and/or act as an on-scene physician f.represent LFD issues or concerns to the SPEMS Medical Director g.other issues deemed necessary. 6. UMC EMS and LFD will be represented at all quality assurance meetings and other similar functions regarding LFD/UMC EMS operations inside the City of Lubbock.Monthly meetings will include the UMC EMS Director,SPEMS Medical Director,Associate Medical Director,and LFD 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,LFD personnel will be readily identified as to their level of medical training and member service. 8.LFD will respond to all scenes code 3 unless otherwise dictated by LFD policyand procedures and as dictated by Lubbock Police Department on stage back situations. 9.LFD will respond with all required equipment and supplies to be used in patient treatment.The equipment and supplies used by LFD will be listedand approved bythe SPEMS Medical Director.All equipment and supplies will be maintained ingood condition and ready for an emergency response. 10.All LFD responses will be with BLS equipment to support the patient until ALS arrivalvia UMC EMS. Useof certain ALS equipment and procedures by LFD personnel maintaining an advanced DSHS certification and in full compliance with all SPEMS requirements will be done in accordance with and when indicated by SPEMS protocols and with prior approval of the SPEMS Medical Director. Qualified LFD personnel may perform ALS care once (a)the LFD has received its designation as an ALS First Responder by DSHS;and (b)LFD presents certification of proficiency testing of qualified personnel to the SPEMS Medical Director. First ResponseAgreement Page2 of7 11.When UMC EMS personnel are on scene,they will have primary authority and responsibility for patient care. When UMC EMS personnel are in need of further assistance from LFD,LFD agrees to accompany the transporting ambulance to the receiving hospital at UMC EMS'request. 12.LFD will provide appropriate patient care transfer,patient information gathered,and care rendered prior to UMC EMS arrival.LFD personnel will document all pertinent patient findings and treatments in a patient record that will be maintained and completed by LFD at their respective facilities.LFD 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. 13.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. 14. 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 malfeasance or neglect caused or alleged to have been caused by that party or its employees or representatives inthe performance or omission of any act or responsibility of that party under this agreement. 15.LFD 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 LFD when UMC EMS arrives on scene of an EMS call prior to LFD arrival and the LFD is not needed for patient care. b.LFD agrees to cancel UMC EMS when LFD 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 LFD nor UMC EMSwill 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,LFD personnel on scene may later identify First ResponseAgreement Page3 of7 potential injuries for which a potential patient denies treatment and/or transport.In these situations,LFD 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. 16. UMC EMS and LFD 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. 17.LFD will provide documentation of ongoing ALS skills training and quarterly competency testing of LFD personnel with advanced DSHS certification.This training occurs more frequently than that required by SPEMS and meets the same standards as required of UMC EMS personnel.LFD personnel with advanced DSHS certification must demonstrate ALS skills competency initially to a UMC EMS Senior FieldTraining Officer or the Associate Medical Director.Thereafter,LFD personnel with advanced DSHS certification may complete quarterly competency testing and skills check-offs with LFD Field Training Officers. 18.Case Reviews.All case reviews for UMC EMS are mandatory unless otherwise advised.LFD must attend 1 case review per quarter to be held at LFD facilities. The Associate Medical Director will attend all case reviews held at LFD facilities. 19.Relationship of the Parties.This Agreement does not establish a partnership,joint venture,or employer/employee relationship between the parties,nor shall it be construed to do so in any manner. 20. 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. 21. 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. FirstResponse Agreement Page 4 of 7 22.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. 23.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. 24.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. 25.Entire Agreement.This Agreement supersedes all previous contracts,and constitutes the entire agreement respecting the services described herein. 26.Amendments.This Agreement may be modified or amended only if such amendment is made in writing and signed by the signatory parties hereto. 27.Compliance.The parties acknowledge that each is subject to applicable federal and state laws and regulations, and policiesand 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. 28. 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 First ResponseAgreement Page5 of7 and extent of the costs of those services.Ifa 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. 29.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. 30.Non-Discrimination.Each party shall provide services without discrimination based on race,color, national origin,age,sex,disability,or political or religious beliefs. 31.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. 32.Term.This agreement is for a term of two years,beginning July 1,2012.Each July,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. First Response Agreement Page 6 of 7 ATTEST: Rebecca Garza,City Secretary t APPROVED AS TO CONTENT: DAVID ALLISON.President and CEO UMC Health System &/&*&& E.JOE S^SINTMD,SPEMS/UMC EMS Medic^r Director GLE^ROBERTSON, Mayor Mike Kemp, Lubbock Fire Department Chief APPROVED AS TO FORM: Chad Weaver.Assistant City Attorney First Response Agreement Page 7 of 7