HomeMy WebLinkAboutAmerican Ambulance a dba of KPWH Enterprises Letter of Agreement for Camp Fresno Day Camp 6-14-23 L/UUU01 II CIIVCIUPV IU. 300ML.MU I-UM'FU-4L1L0-ODUU-04U I/U4 CUVVr
Letter of Agreement
City of Fresno (re: Camp Fresno) and KPWH Enterprises dba American Ambulance for
Ambulance Coverage for Camp Fresno "Day Camp"
KPWH Enterprises dba American Ambulance will provide two personnel that are
accredited by the Central California Emergency Medical Services Agency and a transport
capable ambulance.
Unless otherwise indicated, the cost for ambulance services is $170 per hour. Services
extending beyond the scheduled coverage time will be billed in 15 minute increments at
$42.50 per hour.
In the event of a medical emergency where the dedicated ambulance must transport a
patient, American Ambulance will immediately dispatch an ambulance to continue
dedicated coverage.
Term
This agreement is valid for the ambulance coverage dates listed in the table below. Any
changes to the dates listed below or an extension to the term of the agreement must be
made by written amendment to the Agreement signed by an authorized representative
for each party.
Ambulance Coverage Dates
Camp Fresno Day Camp Total Hours Rate Cost
1 6/15/2023 11 $170.00 $1,870.00
2 6/16/2023 11 $170.00 $1,870.00
3 6/22/2023 11 $170.00 $1,870.00
4 6/23/2023 11 $170.00 $1,870.00
5 6/29/2023 11 $170.00 $1,870.00
6 6/30/2023 11 $170.00 $1,870.00
7 7/13/2023 11 $170.00 $1,870.00
8 7/14/2023 11 $170.00 $1,870.00
9 7/20/2023 11 $170.00 $1,870.00
10 7/21/2023 11 $170.00 $1,870.00
11 7/27/2023 11 $170.00 $1,870.00
12 7/28/2023 11 $170.00 $1,870.00
13 8/3/2023 11 $170.00 $1,870.00
14 8/4/2023 11 $170.00 $1,870.00
Total Day Camps 154 $170.00 $26,180.00
Event Support
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There are current) 14 scheduled dates. with each date followin the same rocedure
listed:
The ambulance will arrive at Fresno City Hall at 0730 and report to a designated staff
person.
Medical Check In Process
A Medical check in table and pop-up shade will be provided by the City of Fresno.
American Ambulance staff will participate in the Camp Fresno screening and check-in
process.
■ Any parent/guardian checking in a child who is traveling with medications
will be directed to medical check in.
• Any child with COVID-19 symptoms will be directed to medical check in.
Over the counter and prescribed Medication will be reviewed for prescription information
and original packaging. Medication will not be accepted if it is not in its original packaging.
All prescribed medication must be in original packaging and will be accompanied by a
medication form completed by the parent or guardian.
During check in, over the counter Medication will be labeled with the child's name.
Medication will be placed in a Ziploc bag with medical form.
All medications will be logged to the track chain of custody of any medications that are
transported and stored.
Two medication logs will be provided to track medications received during check in —
Medication Log A and Medication Log B. Medication Log must include date, child's
name, name of medication, dosage, approximate quantity received and signatures
reflecting chain of custody along with time in/time out detail. Medications will be stored in
a locked container when not in use.
• Any rescue medications which must be transported with the child (inhaler, epi pen,
etc.) during the duration of the trip will be placed in a travel bag to be transported
by City staff on Bus A. This medication will be logged on Medication Log A.
• Any' non-rescue medications which will be transported by American Ambulance
will be logged on Medication Log B.
Covid Screening:
® During check in, City of Fresno staff will be asking screening questions to screen
for COVID-19 symptoms.
• If a child is found to have COVID-19 symptoms, they will be referred to American
Ambulance.
American Ambulance will:
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• temp check (scan)
• hand the swab to the patient or patient's guardian
• placing swab in solution
• time the test
• document results of the test
• City of Fresno will supply rapid tests.
The ambulance will depart Fresno City Hall and travel to Camp Fresno, arriving at the
camp at approximately 1100. The ambulance will depart the camp at approximately 1630,
at the direction of facility staff and return to Fresno.
Prescribed Medication Stora a and Access: As needed, personnel will provide a location
for storage of participant prescribed medications during camp sessions. The prescribed
individual maintains responsibility for proper administration, use and compliance, as
prescribed by a physician. A PARCS staff will be responsible for gathering and returning
prescribed medications at the beginning and end of each camp session. PARCS staff to
ensure children visit the ambulance as indicated by parent/guardian to receive medication
according to the Medical Form completed at check in. PARCS staff to accompany child
and ensure medication dispensed to children is tracked on the Medical Form. The
Medical Form includes name of child, name of medication, date and time medication was
provided and name of qualified medical personnel.
Records
A medical logbook shall be maintained by the American Ambulance Health Supervisor
which includes at least the following information for each accident, injury or illness:
(1) Name of the person treated;
(2) Dosage and intervals of any medication dispensed;
(3) First aid or medical treatment rendered;
(4) Name of the person administering the first aid or medical treatment;
(5) Date and time of treatment; and
(6) Date parent/guardian notified of accident, illness or injury.
Indemnification
To the furthest extent allowed by law, AMERICAN AMBULANCE shall indemnify, hold
harmless and defend CITY and each of its officers, officials, employees, agents and
volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages
(whether in contract, tort or strict liability, including but not limited to personal injury, death
at any time and property damage) incurred by CITY, AMERICAN AMBULANCE or any
other person, and from any and all claims, demands and actions in law or equity(including
reasonable attorney's fees, litigation expenses and cost to enforce this agreement),
arising or alleged to have arisen directly or indirectly out of performance of this
Agreement. AMERICAN AMBULANCE'S obligations under the preceding sentence shall
not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely
by the gross negligence, or caused by the willful misconduct, of CITY or any of its officers,
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officials, employees, agents or volunteers.
To the furthest extent allowed by law, CITY shall indemnify, hold harmless and defend
AMERICAN AMBULANCE and each of its officers, officials, employees, agents and
volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages
(whether in contract, tort or strict liability, including but not limited to personal injury, death
at any time and property damage) incurred by CITY, AMERICAN AMBULANCE or any
other person, and from any and all claims, demands and actions in law or equity(including
reasonable attorney's fees, litigation expenses and cost to enforce this agreement),
arising or alleged to have arisen directly or indirectly out of performance of this
Agreement. CITY'S obligations under the preceding sentence shall not apply to any loss,
liability, fines, penalties, forfeitures, costs or damages caused solely by the gross
negligence, or caused by the willful misconduct, of AMERICAN AMBULANCE or any of
its officers, officials, employees, agents or volunteers; provided nothing herein shall
constitute a waiver by CITY of governmental immunities including California Government
Code section 810 et seq.
AMERICAN AMBULANCE agrees that this Agreement shall in no way act to abrogate or
waive any immunities available to CITY under the Tort Claims Act of the State of California
This section shall survive termination or expiration of this Agreement.
Insurance Requirements
(a) Throughout the life of this Agreement, AMERICAN AMBULANCE shall pay
for and maintain in full force and effect all insurance as required herein with an insurance
company(ies) either(i) admitted by the California Insurance Commissioner to do business
in the State of California and rated no less than "A-VII" in the Best's Insurance Rating
Guide, or(ii) as may be authorized in writing by CITY'S Risk Manager or his/her designee
at any time and in his/her sole discretion. The required policies of insurance as stated
herein shall maintain limits of liability of not less than those amounts stated therein.
However, the insurance limits available to CITY, its officers, officials, employees, agents
and volunteers as additional insureds, shall be the greater of the minimum limits specified
therein or the full limit of any insurance proceeds to the named insured.
(b) If at any time during the life of the Agreement or any extension, AMERICAN
AMBULANCE or any of its subcontractors fail to maintain any required insurance in full
force and effect, all services and work under this Agreement shall be discontinued
immediately, and all payments due or that become due to AMERICAN AMBULANCE shall
be withheld until notice is received by CITY that the required insurance has been restored
to full force and effect and that the premiums therefore have been paid for a period
satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient
cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this
section shall in any way relieve AMERICAN AMBULANCE of its responsibilities under
this Agreement. The phrase "fail to maintain any required insurance" shall include,
without limitation, notification received by CITY that an insurer has commenced
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proceedings, or has had proceedings commenced against it, indicating that the insurer is
insolvent.
(c) The fact that insurance is obtained by AMERICAN AMBULANCE shall not
be deemed to release or diminish the liability of AMERICAN AMBULANCE, including,
without limitation, liability under the indemnity provisions of this Agreement. The duty to
indemnify CITY shall apply to all claims and liability regardless of whether any insurance
policies are applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by AMERICAN AMBULANCE. Approval or purchase of
any insurance contracts or policies shall in no way relieve from liability nor limit the liability
of AMERICAN AMBULANCE, vendors, suppliers, invitees, contractors, sub-contractors,
subcontractors, or anyone employed directly or indirectly by any of them.
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial
General Liability Coverage Form CG 00 01, providing liability coverage
arising out of your business operations. The Commercial General Liability
policy shall be written on an occurrence form and shall provide coverage for
"bodily injury," "property damage" and "personal and advertising injury" with
coverage for premises and operations (including the use of owned and non-
owned equipment), products and completed operations, and contractual
liability (including, without limitation, indemnity obligations under the
Agreement) with limits of liability not less than those set forth under
"Minimum Limits of Insurance."
2. The most current version of ISO Auto Coverage Form CA 00 01, providing
liability coverage arising out of the ownership, maintenance or use of
automobiles in the course of your business operations. The Automobile
Policy shall be written on an occurrence form and shall provide coverage
for all owned, hired, and non-owned automobiles or other licensed vehicles
(Code 1- Any Auto).
1 Workers' Compensation insurance as required by the State of California
and Employer's Liability Insurance.
4. Professional Liability (Abuse & Molestation and Medical Malpractice)
Insurance that insures against liability arising out of the bodily injury,
personal injury, and third-party property damage occurring because of the
wrongful or negligent acts attributable to the institution. This coverage
should protect against a wide range of potential claims, including but not
limited to athletics, alcohol, assault, verbal or physical abuse, campus
crime, sexual molestation and other sexual misconducts.
MINIMUM LIMITS OF INSURANCE
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AMERICAN AMBULANCE, or any party the AMERICAN AMBULANCE subcontracts with,
shall maintain limits of liability of not less than those set forth below. However, insurance
limits available to CITY, its officers, officials, employees, agents and volunteers as
additional insureds, shall be the greater of the minimum limits specified herein or the full
limit of any insurance proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
(iii) $2,000,000 aggregate for products and completed operations; and,
(iv) $2,000,000 general aggregate applying separately to the work
performed under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS' COMPENSATION INSURANCE as required by the State of
California with statutory limits.
4. EMPLOYER'S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
5. Professional Liabilit (Abuse & Molestation and Medical Malpractice):
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event AMERICAN AMBULANCE purchases an Umbrella or Excess insurance
policy(ies) to meet the "Minimum Limits of Insurance," this insurance policy(ies) shall
"follow form" and afford no less coverage than the primary insurance policy(ies). In
addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and
non-contributory basis for the benefit of the CITY, its officers, officials, employees, agents
and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
AMERICAN AMBULANCE shall be responsible for payment of any deductibles contained
in any insurance policy(ies) required herein and AMERICAN AMBULANCE shall also be
responsible for payment of any self-insured retentions. Any deductibles or self-insured
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retentions must be declared to on the Certificate of Insurance, and approved by, the
CITY'S Risk Manager or his/her designee. At the option of the CITY'S Risk Manager or
his/her designee, either:
(i) The insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects CITY, its officers, officials, employees, agents
and volunteers; or
(ii) AMERICAN AMBULANCE shall provide a financial guarantee,
satisfactory to CITY'S Risk Manager or his/her designee,
guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall CITY be
responsible for the payment of any deductibles or self-insured
retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability insurance policies are to contain, or be
endorsed to contain, the following provisions:
1. CITY, its officers, officials, employees, agents and volunteers are to be
covered as additional insureds. AMERICAN AMBULANCE shall establish
additional insured status for the City and for all operations by use of ISO
Form CG 20 10 04 13 or CG 20 26 04 13 or by an executed manuscript
insurance company endorsement providing additional insured status as
broad as that contained in ISO Form CG 20 10 04 13 or CG 20 26 04 13.
2. The coverage shall contain no special limitations on the scope of protection
afforded to CITY, its officers, officials, employees, agents and volunteers.
Any available insurance proceeds in excess of the specified minimum limits
and coverage shall be available to the Additional Insured.
3. For any claims relating to this Agreement, AMERICAN AMBULANCE'S
insurance coverage shall be primary insurance with respect to the CITY, its
officers, officials, employees, agents and volunteers. Any insurance or self-
insurance maintained by the CITY, its officers, officials, employees, agents
and volunteers shall be excess of AMERICAN AMBULANCE'S insurance
and shall not contribute with it. AMERICAN AMBULANCE shall establish
primary and non-contributory status by using ISO Form CG 20 01 04 13 or
by an executed manuscript insurance company endorsement that provides
primary and non-contributory status as broad as that contained in ISO Form
CG 20 01 04 13.
4. Should any of these policies provide that the defense costs are paid within
the Limits of Liability, thereby reducing the available limits by defense costs,
then the requirement for the Limits of Liability of these polices will be twice
the above stated limits.
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The Workers'Compensation insurancepQficy is to contain, or be endorsed to contain, the
following provision: AMERICAN AMBULANCE and its insurer shall waive any right of
subrogation against CITY, its officers, officials, employees, agents and volunteers.
If the Professional Liability Abuse & Molestation and Medical Mai practice ii surai�ce
op licy is written on a claims-made form:
1. The retroactive date must be shown, and must be before the effective date
of the Agreement or the commencement of work by AMERICAN
AMBULANCE.
2. Insurance must be maintained and evidence of insurance must be provided
for at least five (5) years after completion of the Agreement work or
termination of the Agreement, whichever occurs first, or, in the alternative,
the policy shall be endorsed to provide not less than a five (5)year discovery
period.
3. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a retroactive date prior to the effective date of
the Agreement or the commencement of work by AMERICAN
AMBULANCE, AMERICAN AMBULANCE must purchase "extended
reporting" coverage for a minimum of five (5) years completion of the
Agreement work or termination of the Agreement, whichever occurs first.
4. A copy of the claims reporting requirements must be submitted to CITY for
review.
5. These requirements shall survive expiration or termination of the
Agreement.
All policies of insurance required herein shall be endorsed to provide that the coverage
shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty
(30) calendar days written notice by certified mail, return receipt requested, has been
given to CITY. AMERICAN AMBULANCE is also responsible for providing written notice
to the CITY under the same terms and conditions. Upon issuance by the insurer, broker,
or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits,
AMERICAN AMBULANCE shall furnish CITY with a new certificate and applicable
endorsements for such policy(ies). In the event any policy is due to expire during the
work to be performed for CITY, AMERICAN AMBULANCE shall provide a new certificate,
and applicable endorsements, evidencing renewal of such policy not less than fifteen (15)
calendar days prior to the expiration date of the expiring policy.
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Should any of the required policies provide that the defense costs are paid within the
Limits of Liability, thereby reducing the available limits by any defense costs, then the
requirement for the Limits of Liability of these polices will be twice the above stated limits.
The fact that insurance is obtained by AMERICAN AMBULANCE shall not be deemed to
release or diminish the liability of AMERICAN AMBULANCE, including, without limitation,
liability under the indemnity provisions of this Agreement. The policy limits do not act as
a limitation upon the amount of indemnification to be provided by AMERICAN
AMBULANCE. Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of AMERICAN AMBULANCE, its principals,
officers, agents, employees, persons under the supervision of AMERICAN AMBULANCE,
vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone
employed directly or indirectly by any of them.
VERIFICATION OF COVERAGE
AMERICAN AMBULANCE shall furnish CITY with all certificate(s) and applicable
endorsements effecting coverage required hereunder. All certificates and applicable
endorsements are to be received and approved by the CITY'S Risk Manager or his/her
designee prior to CITY'S execution of the Agreement and before work commences. All
non-ISO endorsements amending policy coverage shall be executed by a licensed and
authorized agent or broker. Upon request of CITY, AMERICAN AMBULANCE shall
immediately furnish City with a complete copy of any insurance policy required under this
Agreement, including all endorsements, with said copy certified by the underwriter to be
a true and correct copy of the original policy. This requirement shall survive expiration or
termination of this Agreement.
Contact Information
If an ambulance is not on location at the start of the event, staff can contact American
Ambulance. American Ambulance will immediately dispatch an ambulance to the event.
American Ambulance contacts on the event day:
Field Supervisor: (559) 259-0054
Dispatch Supervisor: (559) 600-7406
The unit will be positioned at: Camp Fresno, 53849 Dinkey Creek Rd. Shaver Lake, CA
93664
Payment
The Event Invoice will be sent to:
American Ambulance
2911 E Tulare Ave
Fresno, CA 93721
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Payment will be due within 30 days from the billing date. Failure to pay for services may
result in canceling further scheduled medical stand-by services provided by American
Ambulance.
Cancellation of Services
The City of Fresno may cancel a prescheduled event 24 hours prior to the scheduled
event date and time. If an event is canceled with less than 24-hour notification, payment
will be required for the full amount of the scheduled services.
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, on the day and year first above written.
CITY OF FRESNO, KPWH Enterprises dba AMERICAN
A C ri,-1
i�r,"„rcWnicipal corporation AMBULANCE,
Aait�',� A California corporation
By: Day.�.n e.
GEORGEANNE A. WHITE By: 5;k ptbAbw
City Manager
Erik Peterson
Name.
APPROVED AS TO FORM: Title: vice President / General Manager
ANDREW JANZ (If corporation or LLC., Board Chair,
City A_+q[9ugXby: Pres. or Vice Pres.)
By:
Nt.. �sf 6/8/2023 By:
Lag=
An arst Date
Deputy City Attorney Name:
ATTEST: Title:
TODD STERMER, CMC (If corporation or LLC., CFO, Treasurer,
City �„ Secretary or Assistant Secretary)
Slgned by:
By: _`
'r�,A y6w 6/14/2023
Deputy Date
Addresses:
CITY: CONSULTANT:
City of Fresno American Ambulance
Attention: Aaron Aguirre Attention: Russ Richardson
PARCS Director Special Teams Manager
1515 E. Divisadero Street 2911 E. Tulare Avenue
Fresno, CA 93721 Fresno, CA 93721
Phone: (559) 621-2919 Phone: 559-443-5915
E-mail: Aaron.Aguirre@Fresno.gov E-mail: Rrichardson@americanambulance.com
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