EMS DISPATCHING SERVICE and RELEASE AND … · implemented a software solution, "MARVLIS," which...

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from the county and utilizing mmunications and a global 911 emergency me services dispatching erms and c ons, infra, and as // ithin, EMS DISPATCHING SERVICE and RELEASE AND INDEMNIFICATION AGREEMENT THIS AGREEMENT FOR EMS DISPATCHING ("Agreement") is executed effective as of this day of November, 2012 by and between ,("EMS Provider"), and YORK COUNTY, a political subdivision of the State of South Carolina ("County"), for the uses and purposes mentioned below. Provider and County are collectively referred to as: "the Parties." 1.0. Background Statement. 1.1. York County operates a Public Safety Communications emergency medical services ambulances are deployed, stag implemented a software solution, "MARVLIS," which nter from which, inter alia, 911 dispatched. York County has zes dispatch to mobile units by di incorporating data analysis of current and historical geographic information system technology integrat positioning system. 1.2. The EMS Provider seeks to participate operated by the County as more particularly expres s more particularly described and set fo rein; and, h wirel , 1.3. The County wishes to include 4a4VI dispatching operations protocol based up described and set forth h *der withi he te e m and con 911 emergency medical services infra, and as more particularly consid- by refer /of the eS hereof, the above Background and for other good and valuable consideration, e parties agree to the provisions, terms, and NOW, THER , for a Statement, which is inc red he the adequacy, receipt // condition 2.0. ctive. The go he s "f/ / medical ca eives consiste York County wr,, 7 1ize MARVLIS - ambulances throi t York Cou 3.0. Terms and Cons. 3.1 EMS Provider shall pi' e ambulance service at no expense to York County. EMS Provider ambulance service shall respond to calls within the geographical limits of York County on a twenty-four hour basis, unless grandfathered at the time of execution with a twelve-hour unit. EMS Provider which shall furnish emergency service transportation by ambulance to any hospital operating within the geographic limits of York County and all counties contiguous to York County. The skill levels of the staff and the equipment of the ambulance service of the EMS Provider shall be maintained in such a manner as to enable the service to provide "advanced life support" as defined in South Carolina Department of Health and Environmental Control Regulation Number 61-7, as amended from time to time, or any successor provision of law or regulation; however, where expressed specifically in this Agreement, EMS .fr:vilyttledge ,n is to ensure that each citizen that dials 911 for emergency ergenvnedical care from the ambulance that arrives on scene. ware tolliploy, stage, and dispatch emergency medical services 11 Page

Transcript of EMS DISPATCHING SERVICE and RELEASE AND … · implemented a software solution, "MARVLIS," which...

Page 1: EMS DISPATCHING SERVICE and RELEASE AND … · implemented a software solution, "MARVLIS," which nter from which, inter alia, 911 dispatched. York County has zes dispatch to mobile

from the county and utilizing

mmunications and a global

911 emergency me services dispatching

erms and c ons, infra, and as //

ithin,

EMS DISPATCHING SERVICE and RELEASE AND INDEMNIFICATION AGREEMENT

THIS AGREEMENT FOR EMS DISPATCHING ("Agreement") is executed effective as of this

day of November, 2012 by and between ,("EMS Provider"), and YORK

COUNTY, a political subdivision of the State of South Carolina ("County"), for the uses and purposes

mentioned below. Provider and County are collectively referred to as: "the Parties."

1.0. Background Statement.

1.1. York County operates a Public Safety Communications

emergency medical services ambulances are deployed, stag

implemented a software solution, "MARVLIS," which

nter from which, inter alia, 911

dispatched. York County has

zes dispatch to mobile units by

di

incorporating data analysis of current and historical

geographic information system technology integrat

positioning system.

1.2. The EMS Provider seeks to participate

operated by the County as more particularly expres s

more particularly described and set fo rein; and,

h wirel

, 1.3. The County wishes to include 4a4VI

dispatching operations protocol based up

described and set forth h

*der withi

he teem and con

911 emergency medical services

infra, and as more particularly

consid-

by refer

/of the eS hereof, the above Background

and for other good and valuable consideration,

e parties agree to the provisions, terms, and

NOW, THER , for a

Statement, which is inc red he

the adequacy, receipt //

condition

2.0. ctive. The go he s "f/ /

medical ca eives consiste

York County wr,,71ize MARVLIS -

ambulances throi t York Cou

3.0. Terms and Cons.

3.1 EMS Provider shall pi' e ambulance service at no expense to York County. EMS Provider

ambulance service shall respond to calls within the geographical limits of York County on a twenty-four

hour basis, unless grandfathered at the time of execution with a twelve-hour unit. EMS Provider which

shall furnish emergency service transportation by ambulance to any hospital operating within the

geographic limits of York County and all counties contiguous to York County. The skill levels of the staff

and the equipment of the ambulance service of the EMS Provider shall be maintained in such a manner

as to enable the service to provide "advanced life support" as defined in South Carolina Department of

Health and Environmental Control Regulation Number 61-7, as amended from time to time, or any

successor provision of law or regulation; however, where expressed specifically in this Agreement, EMS

.fr:vilyttledge

,n is to ensure that each citizen that dials 911 for emergency

ergenvnedical care from the ambulance that arrives on scene.

ware tolliploy, stage, and dispatch emergency medical services

11 Page

Page 2: EMS DISPATCHING SERVICE and RELEASE AND … · implemented a software solution, "MARVLIS," which nter from which, inter alia, 911 dispatched. York County has zes dispatch to mobile

Provider is required to maintain skill levels of staff and the equipment of its ambulance service in such a

manner so as to exceed the "advanced life support" standard, set forth herein. The principal objective of

such service shall be to meet the needs of all citizens of York County rather than the sole needs of EMS

Provider or any particular Hospital.

3.2A York County will designate a medical control physician along with an assistant medical control

physician. Any EMS provider must utilize the county designated medical control physician. The medical

control physician will execute his authority over individuals and agencies in accordance to DHEC

regulation 61-7. The medical control physician will be subject to the approval of any EMS provider that

responds to greater than fifty (50) percent of medical dispatches 7 County.

resolution between they provider and

edica trol for all;providers in the

ols establi by the medical control physician.

for D quired in-service training. This

er 02013, thereby allowing the . alignment with curre ervice ements.

B. Medical Control cannot withdraw his/her support

without a review conducted by County management, in a

facts and evidence presented by Medical Control and

take the following actions: (a) allow the Medical

county contract with the EMS provider, (b) negot

Medical Control, or (c) allow the County to seek alte

York County system.

o* S Agency approved by the county

nce/ 3.23C et seq. Based upon the

sponding , County Management can

to withdraw his s/j and terminate the

3.3 EMS Provider is required to ado

3.4 EMS Provider shall adopt uniform tr+ng cu , migration to standard tr,:p. ,

„..,.: ilium willr in t

3.5 EMS Provider mu

Ambulance P

y South Ca a DHEC as an Advance Life Support (ALS)

ergency rFse must be staffed with a minimum of one

/the state of South Carolina.

er must prov

liability an

ement

3.7 EMS

$1,000,000 for ge

to York County Risk

participating in the Coun

result in immediate suspens

he Couhwith a Certificate of Insurance in the amount of

tomobile Liability coverage. Proof of insurance shall be presented

ost Office Box 85, York, South Carolina, 29745 prior to

atch system. Failure of EMS Provider to maintain coverage shall

om the 9-1-1 dispatch system.

3.8 EMS Provider must provide proof of Workers' Compensation Insurance. Proof of insurance shall

be presented to York County Risk Management at Post Office Box 85, York, South Carolina, 29745 prior

to participating in the County 9-1-1 dispatch system. Failure of EMS Provider to maintain coverage shall

result in immediate suspension from the 9-1-1 dispatch system.

3.9 EMS Provider must ensure all ambulances are en route within 90 seconds of dispatch. These

times will be evaluated on a monthly average. The 90 second monthly average dispatch time is material

to this agreement.

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3.9A The 90 second dispatch time will begin at the point the notification of the call is sent

(dispatched) from the Computer Aided Dispatch System to the EMS Unit and will end when EMS U nit

advises Public Safety Communications that they are en route to the call. Public Safety Communications

will provide a monthly report to each EMS Service showing their monthly average. Discrepancy in times

can be verified by the call detail reports and audio recordings maintained by Public Safety

Communications.

3.10 EMS Provider will commit a minimum of 1 emergency ambulance that will be in-service 24/7. If

a service chooses to commit more than 1 ambulance to the emergency system, the additional

ambulance must be available 24/7. Any service that has a 12 hou/

this contract, will be allowed to maintain the 12/7 unit. The in-

must be agreed upon by the County Manager or Public Saf

/ the execution of this contract, and in-service times canpot hang

county.

3.11 Any emergency ambulance committed to

accordance with their committed operational hours.

accordance to the recommendation of lam. Marvlis soft

Communications or his designee may i equest of c

be added to the dispatch system on a terrara

geographic area are depleted and addition

3.12 EMS Provider

Operations Plan durin emergen

3.13 EMS Provider wille all

convalesce ,Or corn

% at the time of the execution of

hours of the 12/7 ambulance

nications Director at the time of

hout prior approval of the

,

ork cithe York County Emergency

mergency system must , service in

ill dep nd stage ea bulance in

ector of Public y

ted provider(s) for additional units to

,icant number of resources in a /i/

rove over esponse times.

, o take an rgency ambulance out of service for a

. * 3.14 e event an a nce i ,of service cifiiivto unexpected mechanical issues, the EMS

/ Provider rr notify Public Corn

/ of

3.15 Only th/ ilable ambul as deli ated by MARVLIS will be dispatched at the time of a call;

cy medical calls based upon closest ambulance utilizing the

recommendation of the MA Software.

3.17 PSC will not show partiality in dispatch between any ambulance providers, the closest

ambulance will be staged and/or dispatched in accordance with the recommendation of the MARVLIS

software.

3.18 The organizations will not be dispatched when an ambulance is not in service, except to provide

rescue services; e.g. Motor Vehicle Accidents with Entrapments, etc. Rescue services which are part of

the EMS Provider organization will be contracted under a separate agreement.

"• ations as soon as possible.

not the entire orgza ' on.

3.16 PSC will dispatch ,

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ithin

a t dispat

siness days of the date of the letter, the

will be temporarily suspended pending

, • latio v

otifi

3.19 Each EMS Provider will be responsible for the purchase, installation, and maintenance of a

county approved GPS device in the ambulance for all ambulances in the emergency dispatch system.

3.20 With the exception of the Rock Hill Rescue District and Rock Hill Fire Districts, the closest

available ambulance will be dispatched to manpower assist calls. (i.e. fallen person needing help getting

up.)

3.21 Within 180 days of execution of this agreement, EMS service provider shall become compliant

with the provisions of and requirements mandated by this agreement. All agencies agree to cooperate

to assist all providers to achieve compliance.

3.22 Each EMS service provider will strive to meet an 8 mi, sponse time in urban areas and 12

minute response time in rural areas. Urban and Rural are d% ted in the map attached and

3.22A For purposes of this paragraph ( response time me e period of time from

n the scene of the em 4y by an EMS

Provider operated ambulance. Response times shall be ablis 4"

the records tained by York

incorporated herein.

receipt of a call by an EMS operated unit to the ar

County for emergency medical service / County.

, 3.23 Failure to meet the obligations o

discontinuation of dispatch and eliminatrorr m

process for the county to this agre nt with ice w as follows:

t may res termination of the agreement and

ency s operated by York County. The

3.23A In th- - t an org tion fails any of t nditions of this agreement, the

organization wil i riting oft elation by PSC.

ome of the in ation e violation

3.23e/ r any violatio t affec tient care, upon review and recommendation by medical

control, t.sc Director recommend the immediate temporary suspension of dispatch

services.

3.23D Within 3C( / y temporary suspension, if the organization has not corrected the

violation to the satis on of the county for issues related to this agreement or to the

satisfaction of the medical control officer for issues related to patient care, the PSC Director will

provide a report to County Management with the recommendation to terminate the agreement

with the organization.

3.23E Within 14 days of the recommendation of the PSC Director to County Management

regarding termination of services, the organization will have the right to appeal the decision to

County Management.

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3.23F Failure to appeal within 14 days shall constitute as waiver of EMS Provider's appellate

rights; and, upon the 15 th day, or as soon thereafter as practicable, the County Manager shall

issue a written decision adopting the recommendation.

3.23G Appeal to the County Management within 14 days, shall entitle EMS Provider to an

independent review by the County Manager.

3.23H Within 15 days of receipt of the written appeal, the County Manager shall issue a

written decision.

3.231 The County Manager's written decision will be c

3.21, the day of the act, 3.23J In calculating any time-period expressed w,

recommendation, or decision after which the d

be included. The last day of the period so co

Sunday or a State or Federal holiday, in

day which is neither a Saturday, Sunday n , holiday.

f time begins to run is not to

unless it is a Saturday, .„

n it the end of the next

ed pe

is to be inc

vent the period ru

the EMS sery

cision of the

ply as a new a nt after 6 3.23K If services are terminat

months from the date of the

3.24 Future EMS service providers (pro rs

O River Hills Emergency Squa k Rescue Sq , and

of the EMS Dispatch sy squired to emit

he righ

3.24A Compl plicatio d provide

in this agreement. / /// //,

ty Manager.

an Pied MS, Fort Mill Rescue Squad,

) that wish to become a part

ing approval process:

f the applicant can meet the standards required

application for service.

If the new s'a e is a

geo ical region for '

based the average

ed for dispatch, the new EMS service will be based in the

termined by the county. This determination would be

onse tiros and call volume of the existing services.

3.24D The e staged according to the PSC staging plan. The new service will

not be allowed ir geographical base.

3.25 This agreement will b teviewed annually, with recommendations for change to the County

Manager.

3.26 Release of Claims and Indemnification.

3.26A. EMS Provider does hereby expressly release, acquit, and forever waive its rights and

remedies and hereby discharges County, its Council, personnel, officers, management,

employees, servants, agents and assigns for and from any and all claims, demands, actions,

causes of action, including, but not limited to, claims sounding in contract, wrongful termination

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of the Agreement, monetary claims, lost profits or any other type claim or demand whatsoever,

however termed, brought by EMS Provider or anyone acting in its behalf, damages, costs,

expenses, now or hereafter, for or by reason of any cause, which may emanate from the

suspension of the Agreement or the Termination of the Agreement.

3.26B. EMS Provider does hereby agree to protect, defend, indemnify, and save and forever

hold harmless the County and its Council, personnel, officers, management, employees,

servants, agents and assigns from and against all liabilities, damages, costs, expenses (including

all attorneys' fees and expenses incurred by the County or any of its Council, personnel, officers,

management, employees, servants, agents and assigns),

judgments and claims of any nature (including but not

claims sounding in contract, wrongful termination *

the provision of care, gross negligence, wrongf

other type claim whatsoever, however ter ;

action of York County to suspend or ter •

responding to a dispatched call and/or the a -rd

3 party under this agreement without rega

action.

of action, suits, demands,

to any actions, suits, demands, or

ement, negligence, negligence in

,mo damages, lost profits) or any

ich may arise .y time as a result of the

he Agreement or as ult of EMS provider

ision of services and/o ' by EMS Provider to /,

the nature or vat. of the claim or

4.0. Miscellaneous. This Agr e(tie

counterparts, the aggregate of which shall

Agreement may be execu

signature, which sign

parties signing below

5.0. Executionof the Agriirne .- ". -'4/',,Envider / :7 y.,, ,

in accom• t , ai./.i,,- gree'# 4:0 '4 term ,a/ ondi

/ / / / //, ./.,/

Backgrvfff Statement, tive, and Cond

forth ab

WHEREFORE, ' reement is

EMS PROVIDER:

simile or s er or

ereo I have the;

ent that each ha

z, 4

one instrument or in separate

y executed version hereof; this

tronically reproduced

t as an original signature. The

authority to execute this Agreement.

a

od

he County now wish to execute the Agreement

s set forth above and incorporating the

, and the Miscellaneous terms provisions, as set

be execut

titut plete

uted as/ he date appearing above.

COUNTY OF YORK:

BY: BY:

ITS: CEO ITS:

Wage