Council Packet 1-26-15 Part 5
Transcription
Council Packet 1-26-15 Part 5
~ A~ -~ ~ " City of • :P'WheatRi_dge ITEM NO:~ DATE: January 26, 2015 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 06-2015 AN ORDINANCE AMENDING SECTION 16-156 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING INTERFERENCE WITH PUBLIC OFFICERS PERFORMING THEIR DUTIES D D 0 cgj ORDINANCES FOR 1sT READING (01 /26/2015) PUBLIC HEARING BIDS/MOTIONS RESOLUTIONS 0 D ORDINANCES FOR 2ND READING (02/09/2015) YES City Attorney ISSUE: Wheat Ridge Code of Laws ("Code") Section 16-156 defines and prohibits several acts that constitute interference with public officers performing their duties. One subsection prohibits verbally abusing or threatening officers; another section prohibits refusing to provide one's identifying information to an officer, when requested. This ordinance modifies these sections to be consistent with the current state of constitutional law. PRIOR ACTION: None FINANCIAL IMPACT: None BACKGROUND: The state, the City, and most other local jurisdictions define and prohibit conduct that constitutes interference with a law enforcement officer or firefighter perfonning his or her official duties. There is clearly a legitimate govenunent interest in deterring and punishing behavior that prevents government employees from performing their critical public safety functions. Public officers routinely face opposition while perfonning their official duties in the form of both verbal Council Action Form - Interference with Public Officers January 26, 2015 Page2 and physical resistance. While not a part of an officer's job description, it is reasonably expected that s/he tolerate some level of verbal criticism and resistance, from both the practical perspective (the frequency with which it occurs) and legal perspective (some such expression may constitute protected First Amendment speech). To fairly and lawfully constitute "interference," speech must actually hinder, impair or prevent the officer or firefighter from perfonning his or her duties. Code Section 16-156(b) prohibits the act of threatening a public officer or official with "violence, reprisal, or any other injurious act," with nothing more. Under this language, a statement such as, "I'll have your job for this," is unlawful and subject to criminal prosecution. This ordinance deletes subsection (b) entirely; the Police Department recommends that officers instead issue citations for these offenses, when appropriate, under the state law on this topic. That state law requires that threatening language actually obstruct, impair, or hinder the public officer's perfonnance of duties. Code Section 16-156(d) makes it unlawful for any person to refuse to give their name, address or date ofbirth when requested by an officer. Under case law interpreting the Fourth Amendment (which govems the detention of people by officers), an individual is required to give this infOimation to an officer when they are reasonably being detained for investigatory purposes. Accordingly, this ordinance amends cun·ent subsection (d) (now, (c)) to require probable cause. These amendments bring Code Section 16-156 in line with the current state ofthe law. RECOMMENDATIONS: Approve the ordinance as presented. RECOMMENDED MOTION: "I move to approve Council Bill No. 06-2015, an ordinance amending Section 16-156 of the Wheat Ridge Code of Laws conceming interference with public officers perfonning their duties, on first reading, order it published, public hearing set for Monday, February 9, 2015 at 7:00p.m. in City Council Chambers, and that it take effect fifteen days after final publication." Or, "I move to postpone indefinitely Council Bill No. 06-2015, an ordinance amending Section 16156 of the Wheat Ridge Code of Laws conceming interference with public officers perfonning their duties, for the following reason(s) " REPORT PREPARED/REVIEWED BY; Carmen Beery, City Attomey's Office Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 06-2015, 2. Staff Report of January 5, 2015 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL M E M B E R - - - - - Council Bill No. 06 Ordinance No. - - - - Series of 2015 TITLE: AN ORDINANCE AMENDING SECTION 16-156 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING INTERFERENCE WITH PUBLIC OFFICERS PERFORMING THEIR DUTIES WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-401 , the City, acting through its City Council (the "Council"), is authorized to adopt rules and regulations prohibiting certain conduct and defining general offenses that harm or pose a threat to the public health, safety or welfare; · and WHEREAS, pursuant to such authority, the Council has previously defined and adopted certain general offenses, codified as Chapter 16 of the Wheat Ridge Code of Laws ("Code"), including a prohibition of interfering with public officers in the performance of their duties, codified as Code Section 16-156; and WHEREAS, the Council finds that said Section 16-156 should be amended and updated to reflect the current state of the law concerning investigatory stops and interference with officers. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 16-156 of the Wheat Ridge Code of Laws, concerning interference with public officers when discharging their duties, is hereby amended as follows: Sec. 16-156. Same-When in discharge of duties. (a) It is unlawful for any person to use and/or to threaten to use violence, force, or physical interference, or any obstacle for the purpose of knowingly obstructing, impairing, hindering or attempting to prevent the investigation of any incident, the enforcement of any penal code, or the preservation of the peace by a police officer or a peace officer acting under color of fH5 official authority, and/or any canine utilized by any police officer in the discharge of such authorized official law enforcement duties, or knowingly to obstruct, impair, hinder or attempt to prevent the prevention, control or abatement of fire by a fireman FIREFIGHTER acting under color of fH5 official authority. (b) It is unlmvful fer any person to threaten violence, reprisal or any ether injurious act to any police officer, peace officer, fireman, city employee or other public official who is engaged in the performance or attempted performance of his official duties, or to make such a throat by reason of such officer's performance or attempted performance of his official duties. W It is unlawful for a person knowingly to give false information or a false name or a false address to a police officer or a peace officer acting under color of official authority with the purpose of implicating another or with the intent to hide one's own real name, address or age. (C d) It is unlawful for a person WHO HAS BEEN STOPPED BY A POLICE OFFICER OR PEACE OFFICER ACTING UNDER COLOR OF OFFICIAL AUTHORITY, UPON REASONABLE SUSPICION THAT THE PERSON IS COMMITTING , HAS COMMITTED OR IS ABOUT TO COMMIT A CRIME, TO knowingly te refuse to reveal his correct name, address or date of birth when requested to do so by SUCH a polioe officer or a pease offioer aoting under oolor of offioial authority. Section 2. Safety Clause. The City Council hereby finds , determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health , safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained . Section 3. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the val idity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect fifteen (15 ) days after final publication , as provided by Section 5.11 of the Charter. INTRODUCED, READ , AND ADOPTED on first reading by a vote of to on this 261h day of January, 2015, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for February 9, 2015, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue , Wheat Ridge, Colorado. READ , ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to , this day of , 2015. SIGNED by the Mayor on this _ _ _ day of _ _ __ _ _ _ __ , 2015. Joyce Jay, Mayor ATTEST : Janelle Shaver, City Clerk Approved As To Form Gerald E. Dahl, City Attorney 2 First Publication: Second Publication: Wheat Ridge Transcript Effective Date: 3 .... ~A~ ~ .... City of . ..[P.: WheatF-i_dge ~OLICE ~ •• ' DEPARTMENT Memorandum TO: Mayor Jay and City Council THROUGH: Patrick Goff, City Manager FROM: Daniel Brennan, Chief of Police DATE: January 5, 2014 SUBJECT: Staff Report: Amending Section 16-156, Interference with Public Officers Performing Their Duties ISSUE The Police Department requested to have the City Attorney review a Police Department Training Bulletin on harassment and disorderly conduct arrests involving police officers as the victim. In the course of that review, the City Attorney reviewed Section 16-156 and determined that subsection (b) of the ordinance was likely overbroad and might prohibit protected speech. This subsection has been removed. Additionally, subsection (d) needed to be amended to reflect current constitutional law requirements concerning investigatory stops. PRIOR ACTION On August 11 , 2014, City Council approved a request by City Attorney Gerald Dahl to draft an ordinance amending the City Code of Laws, Section 16-156, Interference with Public Officers Performing Their Duties. RECOMMENDATION A copy of the revised ordinance is attached for your review. Staff and the City Attorney recommend that this amended ordinance be brought forward to City Council for approval. DB/ck Attachment: Amended Ordinance, Section 16-156 Attachment 2 ~ ~ ~ ~ ~ ... r- City of • :P'WheatRi_dge NO: ~ ITEM DATE: January 26, 2015 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 08-2015 - A RESOLUTION APPROVING THE RENEWAL AND AMENDMENT OF AN INTERGOVERNMENTAL AGREEMENT FOR AMBULANCE SERVICES AMONG THE CITY OF WHEAT RIDGE, THE WHEAT RIDGE FIRE PROTECTION DISTRICT AND RURAL/METRO OF CENTRAL COLORADO DBA PRIDEMARK PARAMEDIC SERVICES, LLC 0 0 D D PUBLIC HEARING BIDS/MOTIONS rgj RESOLUTIONS QUASI-JUDICIAL: D ORDINANCES FOR 1sT READING ORDINANCES FOR 2ND READING YES ISSUE: Effective on January 1, 2012, an Intergovernmental Agreement (IGA) between the City ofWheat Ridge, Wheat Ridge Fire Protection District and Rural/Metro Ambulance dba Pridemark Paramedic Services was approved by the City Council. The purpose of the IGA is to ensure the availability ofhigh quality emergency ambulance service within the entire corporate limits of the City of Wheat Ridge and the response boundaries of the Fire District. The purpose of the requested City Council action is to approve the renewal of the IGA for the calendar year 2015 and to approve a third amendment to the IGA concerning the EMS Response Time Compliance Committee (ERTCC) meeting requirements within the IGA. PRIOR ACTION: The Agreement was approved by City Council on October 24, 2011 , became effective on January 1, 2012, and was for a period of one calendar year. It can be continued for successive one-year periods for an additional four years. Under these terms, the current IGA will expire on December 31 , 2016. Council Action Form - Resolution Approving EMS Services January 26, 2015 Page2 The Wheat Ridge Fire Protection District Board of Directors approved the originallGA, and has also approved the renewal of the IGA and the third amendment for the calendar year 2015. FINANCIAL IMPACT: There will be a minimal financial impact upon the City with the approval of renewing the Agreement and the attached third amendment conceming ERTCC meeting requirements for the calendar year 2015. A 5% increase is requested by RuraVMetro-Pridemark Paramedic Services. This exceeds the 2.9% Denver-Boulder-Greeley Medical CPI for the first half of20 13 to the first half of2014. The ERTCC recommends the increase to be effective on January 1, 2015. BACKGROUND: It continues to be the desire of the City to ensure the availability ofhigh quality emergency ambulance service within the entire corporate limits of the City of Wheat Ridge. This has been accomplished through an IGA with Rural/Metro/Pridemark Paramedic Services. The IGA has an additional signatory, the Wheat Ridge Fire Protection District, who also has the same desire to ensure and provide ambulance services within their defined fire district boundaries. RECOMMENDATIONS: It is recommended that the City Council approve a resolution to renew the IGA for ambulance services within the City corporate limits for the calendar year of 2015. It is also recommend that the attached amendment conceming ERTCC meeting requirements be approved. RECOMMENDED MOTION: "I move to approve Resolution No. 08-2015, a resolution approving the renewal and amendment of an lntergovemmental Agreement for ambulance services among the City of Wheat Ridge, Wheat Ridge Fire Protection District and Rural/Metro of Central Colorado dba Pridemark Paramedic Services, LLC." Or, "I move to postpone indefinitely Resolution No. 08-2015, a resolution approving the renewal and amendment of an Intergovemmental Agreement for ambulance services among the City of Wheat Ridge, Wheat Ridge Fire Protection District and Rural/Metro of Central " Colorado the following reason(s) REPORT PREPARED/REVIEWED BY: Joseph Cassa, Division Chief Daniel Brennan, Police Chief Patrick Goff, City Manager Council Action Form - Resolution Approving EMS Services January 26, 20 I 5 Page 3 ATTACHMENTS: I. Resolution No. 08-2015 2. IGA between City of Wheat Ridge and Pridemark Ambulance Service 3. StaffReport- Pridemark Paramedic Services 2014 Annual Review, dated January 26, 2015 4. Pridemark Ambulance Service Letter, dated December I, 2014 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 08 Series of 2015 TITLE: A RESOLUTION APPROVING THE RENEWAL AND AMENDMENT OF AN INTERGOVERNMENTAL AGREEMENT FOR AMBULANCE SERVICES AMONG THE CITY OF WHEAT RIDGE, THE WHEAT RIDGE FIRE PROTECTION DISTRICT AND RURAUMETRO OF CENTRAL COLORADO DBA PRIDEMARK PARAMEDIC SERVICES, LLC. WHEREAS, the City of Wheat Ridge, Colorado (the "City), acting through its City Council ("Council") is a home rule municipality with statutory and constitutional authority to enact ordinances and enter into agreements for protection of the public health, safety and welfare; and WHEREAS, in the exercise of that authority, effective January 1, 2012, the Council approved an Intergovernmental Agreement (the "IGA") among the City, the Wheat Ridge Fire Protection District (the "District") and Rural Metro Ambulance, d/b/a Pridemark Paramedic Services ("Pridemark") for the provision of ambulance services within the City boundaries; and WHEREAS, the IGA requires annual renewal and approval; and WHEREAS, to ensure adequate emergency ambulance service, the Council desires to renew the IGA for calendar year 2015; and WHEREAS, one amendment to the IGA has been previously approved, on or about February 11, 2013 concerning geographical response areas; and WHEREAS, a second amendment to the IGA has been previously approved, on or about February 10, 2014 concerning the roles and responsibilities of the City and the ambulance provided concerning certain patient transports, including but not limited to liability for the payment of costs for such services; and WHEREAS, for such purpose and in conjunction with annual renewal of the IGA, the Council wishes to approve the Third Amendment thereto; and WHEREAS, Section 14.2 of the Wheat Ridge Home Rule Charter requires the Council to approve agreements with other governmental entities by resolution or ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Section 1. The Council hereby approves the renewal of the Intergovernmental Agreement for ambulance services between the City of Wheat Ridge, the Wheat Ridge Fire Protection District, and Rural/Metro of Central Colorado, Inc. d/b/a Pridemark Paramedic Services, as amended on or about January 26, 2015, for the 2015 calendar year. Section 2. The Council hereby approves the Third Amendment to the Intergovernmental Agreement renewed under Section 1 above, attached hereto and incorporated into this Resolution by this reference. Section 3. This Resolution shall be effective immediately. DONE AND RESOLVED this 26th day of January, 2015. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk 2 Council Action Form - Resolution Approving EMS Services January 26, 2015 Page 3 ATTACHMENTS: I. Resolution No. 08-2015 2. IGA between City of Wheat Ridge and Pridemark Ambulance Service 3. StaffReport- Pridemark Paramedic Services 2014 Annual Review, dated January 26, 2015 4. Pridemark Ambulance Service Letter, dated December 1, 2014 ~._A_, ... J ~ City of • ~WlieatRi___dge INTERGOVERNMENTAL AGREEMENT RFP-11-31 AN AGREEMENT AMONG THE CITY OF WHEAT RIDGE, THE WHEAT RIDGE FIRE PROTECTION DISTRICT, AND RURAL/METRO OF CENTRAL COLORADO, INC. d/b/a PRIDEMARK PARAMEDIC SERVICES, FOR AMBULANCE SERVICES. 1.0 PARTIES. The parties to this Agreement are the City of Wheat Ridge, a Colorado municipal corporation (hereinafter referred to as "the City"), Wheat Ridge Fire Protection District, an independent, quasi-municipal corporation, (hereinafter referred to as the "Fire District") and RURAL/METRO OF CENTRAL COLORADO. INC. d/b/a PRIDEMARK PARAMEDIC SERVICES, (hereinafter referred to as "the Company"). 2.0 RECITALS AND PURPOSE. The City and Fire District desire to ensure the availability of high quality emergency ambulance service within the entire corporate limits of the City of Wheat Ridge, and the boundaries of the Fire District, and the Company agrees to provide such services pursuant to the terms of this Agreement. 3.0 £.1 The response area of the City of Wheat Ridge is within the corporate city limits. If the destination is in an overlapping area with another City, the call should be handled by the provider who is contracted with the originating call dispatch center. If this is not feasible, the responding fire protection district/department must be immediately notified. 2.2 The response area for the Fire District shall include the Town of Mountain View, unincorporated Jefferson County which is within the Fire District, Town of Lakeside excluding the amusement park and the single family dwellings, those portions of the Fire District that are located within the Fairmount Fire Protection District and the City of Lakewood . Effective January 1, 2013, the City of Edgewater became a response area of the Wheat Ridge Fire Protection District. TERMS AND CONDITIONS. ll Service. The Company will maintain a response time of six (6) minutes on emergency responses 90% of the time and a response of ten (10) minutes on nonemergency 90% of the time. The Company shall make available a sufficient ALS ambulance to respond to calls for medical assistance within the City and Fire District for it to meet the required response times . The Company further agrees to make available backup ambulances to the City and Fire District with response time of eight (8) minutes or less. 3.1.1 The Company shall provide EMS services twenty-four hours a day, seven days a week, and three hundred sixty-five days per year. Response shall be without regard to the patient's ability to pay. 3.1.2 The standard of care shall include the Denver Metro Paramedic Protocol Standards . 3.1.2.1 The emergency medical services standard of care shall be ALS ambulances staffed with at least one licensed paramedic on board each ALS unit. The EMS duties shall be performed under the control and direction of the paramedic. At least one qualified EMT can also be a member of each crew. ALS crews shall respond on all calls for service. After initial assessment by a paramedic, and only when deemed medically appropriate, a BLS crew, consisting of no less than two (2) EMT's, may provide transportation to the hospital. 3.1.3 The company shall be required to develop and maintain a current deployment plan. Deployment plans must contain the following elements: 3.1.3.1 Identification of the number of ambulances to be deployed during each hour of the day and day of week. 3.1.3 .2 A description of 24 hour system status management strategies to deploy or re-deploy resources to meet performance requirements. 3.1.3.3 A description of how the company will meet the demand for emergency ambulance response during peak periods and during unexpected periods or unusually high call volume. 3.2 3.1.4 In the event there will be a recognized delay where the anticipated travel time exceeds the emergent response time of six (6) minutes or the nonemergent response time of ten (1 0) minutes, the Incident Commander of the situation shall be notified. The Incident Commander will then make the decision as to authorizing the continued response of the Company, or to request other EMS service providers . 3.1.5 The Fire District requires an ambulance response when the call for service is a confirmed structure fire even if it has been determined that there are no confirmed injuries at the onset of the call. The ambulance response shall be non-emergent unless otherwise notified by the City or the responding fire protection district/fire department. 3.1 .6 For purposes of this Agreement, the following priorities shall apply to EMS Services : 3.1.6.1 Emergent (Priority 1) Response: Situation determined by the emergency medical dispatcher, in strict compliance with the medical priority dispatch "b", "c", "d", or "e" response codes and their associated criteria. 3.1.6.2 Non-Emergent (Priority 2) Response: Situation determined by the emergency medical dispatcher, in strict compliance with the medical priority dispatch "a" response code and associated criteria. Penalties for Non-Compliance. 3.2.1 The Company understands that the failure to comply with response times will result in damages to the City and/or Fire District and that it is impracticable to determine the actual amount of such damages. Therefore, the Company, City, and Fire District now agree that the liquidated damages specified for EMS services are reasonable. All liquidated damages shall be late if not receive by the City or the Fire District no later than thirty (3) days after written receipt of notice of the liquidated damages. The penalties for non-compliance of service delivery are established as the following fractile minimum times and actual penalties for non-compliance: Emergent & Non-Emergent Responses 90% or above 85% to 89.99 % 80% to 84.99% 75% to 79.99% 74.99% and below Financial Penalty Per Month $0.00 $ 1,500 $2,500 $3,500 $4,500 3.2.2 Additional penalties shall also be assessed against the Company in the following instances: 3.2.2.1 A $100 penalty charge shall be assessed for each instance in which the Company fa ils to give the responding fire protection district/department communications center it's "enroute to scene" or "arrival at scene" times in conformance with missing data penalties . For each instance in which an ambulance was dispatched and the crew fails to report is times or any other information on which the measurement of system performance depends, the $100 penalty will apply per occurrence. 3.2.2.2 A $100 penalty shall be assessed for any response time greater than fifteen (15) minutes. 3.2.2.3 Penalties collected in conformance with this Agreement shall be given to the City contracted Victim Services Program , or another service program that is related to the provision of EMS services as determined by the EMS Response Time Compliance Committee. 3.2.2.4 Response times for EMS services will be measured from the time the Company is documented as dispatched by the emergency medical dispatcher until the dispatcher is notified and documents the service provider has arrived on-scene (or in the case of another location other than the actual scene, the staging area or nearest accessible point for the ambulance (i.e. fence , apartment complex parking lot, etc.) The Company agrees the Company's communications center shall be the official record of each call. All compliance response times shall be immediately available for review upon request. 3.2.2.5 If the Company is upgraded prior to the first EMS ambulance arriving on scene, compliance with response time and liquidated damages will be calculated based on the shorter of: 3.2 .2.5.1 Time elapsed from dispatch time, as specified to time of upgrade plus the higher priority response time, or 3.2.2.5.2 The lower priority response time requirement. 3.2.2.6 Downgrades may be initiated by emergency medical dispatchers when the response was dispatched becomes available that indicates, in strict accordance with the medical priority dispatch response codes, that the response should have been dispatched at a lower priority. Downgrades may also be initiated by the City and/or EMS first responders of the Company's supervisory personnel who arrive on scene prior to the first EMS ambulance in a accordance with the medical priority dispatch response codes . If a response id downgraded prior to the arrival on scene of the first EMS ambulance, the Company's compliance with response time and liquidated damages will be calculated based on: 3.2.2.6.1 The lower priority response time standard , if the EMS ambulance is downgraded before it would have been judged late under the higher priority response time, or 3.2.2.6.2 The higher priority response time standard , if the EMS ambulance is downgraded after it would have been judged later under the higher priority response time . 3.2.3 If the Company is unable to respond with a backup ambulance the Company shall immediately call another ambulance company to provide the required ambulance service and shall immediately notify the communications center for the responding fire protection district/ department. 3.2.4 Equipment failure , traffic accidents, Company dispatch errors or lack of a nearby ambulance shall not furnish grounds for release from response time standards. If the Company feels that any response or group of responses due "to unusual circumstances beyond the Company's reasonable control", the Company may request, in writing, that these runs be excluded from response time performance calculations and penalties . 3.2 .5 In the event of inclement weather, the parties further agree that a weather emergency will be declared with the City Police Department or the District deems appropriate. 3.2.6 During a disaster, it is mutually agreed upon by the parties, whether within the response area or in a neighboring area or community, the Company shall be exempt from the response time requirements stated in this Agreement. A "disaster" may include widespread destruction or endangerment of lives cause by severe weather, flooding , military or civil actions, manmade or natural disasters. 3.2. 7 Prior to a period of unusual system overload within the City or the Fire District, the Company shall have a plan in place which proactively addresses the system overload . 3.3 Calls. In consideration of keeping such ambulances available this Agreement is exclusive between the City, Fire District and the company for all PSAP generated emergency and non-emergency ground medical transportation requirements within the response area. The City and/or District shall not engage or utilize other contractors or persons to perform ground medical transportation services of the same or similar nature, except in instances where, in the City and/or District's reasonable judgment, the service provider is unable to provide the ground medical transportation services within the response times stated in the Agreement. The Company further agrees that it shall respond to all calls directed by 3.3.1 the City or Fire District, and shall perform its duties under the direction and control of the requesting agency. 3.3.2 The City and the Fire District may requ ire an ambulance to be on site at various festivals and public events at no additional cost to the City or Fire District. 3.3.3 Calls for service will include response by the Company for lift assists (non-injury included) at no cost to the City or Fire District. 3.4 Compliance with Law. The Company agrees to comply with all federal , state, county, and local statutes, regulations , or ordinances in its provision of the services described within this Agreement, and to maintain its current ambulance license issued by Jefferson County. The Company agrees that its records and rosters regarding equipment, vehicles, and training may be reviewed by the City or Fire District during regular business hours. 3.5 Communications . The Company agrees to maintain communications capabilities with the City of Wheat Ridge Police/Fire Communications Center and all police, fire, and ambulance vehicles and equipment, as well as communications between the Company's vehicles and the City and Fire District personnel on scene, and to maintain two back-up speed dial lines containing the caller identification feature to the Communication Center, all at the Company's expense using direct telephone line capabilities. The Company agrees to maintain channels one and two on the frequency of the Company's vehicles and dispatch center. All radios used shall be programmed by Lakewood/West Metro Area communication personnel. 3.6 Medical Supervision. The Company agrees to utilize a Physician Advisor agreed upon by the City and Fire District. A Physician Advisor is defined as a physician who establishes protocols for medical acts performed by paramedics, and who is specifically designated and responsible to assure the competency of the performance of those acts allowed by such paramedics. The parties hereto agree that this Section 3.5 shall be in effect only for the scope of service detailed in this Agreement. The Company further agrees to adhere to, as a minimum standard, the Denver Metropolitan Paramedic Protocols, as amended, with respect to medical acts not governed by the protocols developed by the Company Physician Advisor. 3.7 Rates . The Company shall be allowed to charge patients its usually and customary rates. A copy of the Company's current rate schedule attached to this Agreement as Exhibit A. Any changes to the rate schedule which exceed a Denver Medical CPI must be approved by the City and Fire District before taking effect. Rates will be evaluated as part of the performance evaluation . 3.8 3.7.1 Patients transported by the Company will be responsible for the full amount of insurance deductibles and co-payments required prior to insurance reimbursement. The maximum out of pocket expense will also apply to patients who do not have insurance. 3.7.2 Rates should include cost containment measures that guarantee a maximum out or picket expense to a patient who utilizes the service. 3.7.3 Only one price increase per year may be submitted . The request must be at least sixty (60) days prior to the expiration date. Detox and Mental Health Hold Transports. Notwithstanding any other provision of this Agreement to the contrary, the Parties shall adhere to the following protocols in regards to ambulance transports to detoxification facilities or to medical facilities for purposes of mental health holds: 3.8.1 Detox Transports A. City personnel and Company personnel will cooperatively attempt to obtain subject consent to transport. If consent is obtained, the City and Company shall each duly document such consent in its usual manner of record-keeping. B. If consent to transport cannot be obtained from an intoxicated subject who is unable to care for himself or who requires detoxification supervision or medical care, the Company shall transport such a subject as a patient who lacks decision-making capacity, in accordance with the Denver Metro Paramedic Protocols . C. The Company shall bill the subject for the cost of detoxification transports on the basis of either express or implied consent. The Company agrees that it shall not seek to recover the costs of detoxification transports from the City. The Parties recognize and agree that such transports do not constitute "custody" for purposes of Section 16-3-401 of the Colorado Revised Statutes . 3.8.2 Mental Health Hold Transports . A. City personnel and Company personnel will cooperatively attempt to obtain subject consent to transport if such personnel agree that consent can be meaningfully given by the subject. If consent is obtained , the City and Company shall each duly document such consent in its usual manner of record-keeping . B. If subject consent cannot be obtained pursuant to A. above: i. If the subject lacks decision-making capacity, the Company will transport the subject in accordance with the Denver Metro Paramedic Protocols. In such even, and when City personnel determine that the subject meets the applicable statutory criteria, City personnel shall provide completed mental health hold documentation on the subject to Company personnel. Such documentation is provided by the City as a fulfillment of its Police Department duties and intended as a corroboration of the determination of Company personnel that a subject requires mental health hold documentation provided by City law enforcement personnel is not an exercise or admission of "custody" for purposes of CRS 16-3-401 and shall not be used by the Company to seek to recover the costs of such transports from the City. ii. If the subject does not lack decision-making capacity, or if City personnel believe the subject lacks such capacity but Company personnel disagree, Company personnel shall contact the Base Physician, in accordance with Guideline "E" under the "Mental Health Holds" portion of the Denver Metro Paramedic Protocols, for a remote evaluation of the subject. The Base Physician shall determine whether the subject must be transported against his will. If the Base Physician orders the subject transported for evaluation against his bill , the Company and City shall proceed with transport, paperwork and billing as set forth under paragraph i. above. If the Base Physician does not authorize the transport of the subject against his will , the City shall not utilize the Company for transport. C. The Company shall bill the subject for the cost of mental hold transports on the basis of either express or implied consent. The Company agrees that it shall not seek to recover such costs from the City and that mental health hold transports do not constitute "custody" for purposes of Section 16-3-401 of the Colorado Revised Statutes . 3.8.3 During transport, Company personnel shall exercise that degree of physical control over patients as is required by relevant practices, customs and professional standards. If, despite the exercise of such control , a person being transported pursuant to this Section 3.8 escapes before he is delivered to his ultimate destination, the City expressly agrees that such escape does not constitute a breach of this agreement by Company. 3.8.4 The City and Company each recognize and agree that mental health holds, detoxification holds and other emergency commitments authorized by law reflect a public policy of providing care and treatment to those unable to obtain it themselves . Emergency holds and commitments do not serve the same purposes and goals as arrests, detainments in jails and other forms of traditional law enforcement "custody," e.g. , preventing escape pending adjudication, segregating offenders as punishment and protecting the law-abiding population . Each Party seeks to play its customary role in protecting individuals and the public and in facilitating the provision of care to those who need it without fear of unpredictable and uncontrollable expenses. 4.0 HELICOPTER It is understood that in cases of extreme emergency, it may be necessary to use a helicopter in lieu of, or in addition to, the Company's ground services. Such medical decisions to use the helicopter service shall be made by the police and/or fire personnel or Company personnel on scene, with the primary responsibility for such medical decision making resting with the Company after consultation with fire and police personnel on the scene. 5.0 CONTROL. The Wheat Ridge Police Department shall have control of all crime scenes to which the Company is requested to respond . The Wheat Ridge Fire Protection District's ranking officer on scene shall have control of all fire and EMS scenes. Company employees shall consult with and follow the orders and directions given by the appropriate police or fire personnel , as such orders relate to scene control. The Company paramedic shall be in charge of all patient care and transportation destination, including medical triage and mode of transportation , pursuant to appropriate medical care protocols as approved by their physician advisor. 6.0 TRAINING . The Company agrees to provide upon request by either the City or the Fire District and at the Company's own expense, personnel to assist with the training of the City police department personnel and/or Fire District personnel in the areas of First Responder, EMT and CPR classes, along with appropriate CE medical training. These classes shall be held at times mutually agreed upon by the parties hereto. 7.0 EQUIPMENT. L1 The Company shall furnish, at its own expense, ambulances and accessory equipment. The Company agrees to provide commonly used disposable supplies as replacements for those supplies used by the responding fire protection district/department during medical emergencies. These supplies will be initially stocked by the company such that each responding fire protection district/department in the district has ample supplies to respond to emergencies . The company will periodically restock the supplies in a manner agreed by responding fire protection district/department. 7.2 The Company agrees that Jefferson County or any other licensing authority shall have the right to inspect on an annual basis the Company's vehicles used for performance of ambulance service, for the purpose of determining safety standards of the vehicles used and , further, to ensure that the vehicles so used are equipped with that accessory equipment required by the Department of Health, and said equipment shall be in proper working order for the use in Advanced Life Support treatment. A permit issued by the County or any other licensing authority shall be deemed as evidence of said annual inspections. 7.3 The Company agrees, when operating its ambulance vehicles in an emergency or non-emergency capacity, said vehicles will be driven in a safe and prudent manner, in compliance with all State statutes, City and County ordinances relating to the operation of emergency vehicles. 7.4 The company is encouraged to equip all EMS providers with NFPA 1071 , or NFPA 1951-compliant personal protective equipment to include helmet, eye protection , gloves, coat, trousers, and boots. Furthermore, all EMS providers shall be provided ANSI 207-compliant traffic safety vests. The requ ired equipment shall be worn on all automobile accidents occurring with the response area of this Agreement. 7.5 Upon request, the Company will provide details of their vehicle replacement program . 8.0 COMPANY EMPLOYEES. Each crew shall consist of no less than a licensed paramedic and one qualified EMT whose qualification meet the guidelines of the statutes, rules , and regulations of the Emergency Medical Services Division of the Colorado Department of Health, as amended, and are acceptable to the Company Physician Advisor. The Company agrees , while operating its ambulance in and around the City and Fire District boundaries, the employees of the Company shall maintain a professional attitude and performance standard and level of conduct for Emergency Medical Technicians and Paramedics . !U_ 8.2 The Company agrees to notify the City and Fire District within thirty (30) days of changes in management personnel. Staff changes shall never change the level of service . 8.3 The Company will provide the City and the Fire District a complete list of Company field employees, their certifications, and completed continuing education immediately upon request. 9.0 TERM. The parties mutually agree and understand that the term of this Agreement shall be for a period of one (1) year from January 2012 thru January 2013 and upon the expiration of said period , this Agreement may continue for four (4) additional one-year periods, subject to the provisions hereof, provided that no event shall this Agreement continue for a period beyond five (5) years from the date of execution hereof. Said Agreement shall be renewed for successive one (1) year periods, as provided herein , subject to review and performance evaluation by the Wheat Ridge City Council and the Wheat Ridge Fire District annually. This Agreement may be terminated by either the City Council or the Fire District, following said review, or pursuant to the provisions of this Agreement. Unless so terminated , this Agreement shall continue in full force and effect. The parties further agree that the City or Fire District, upon a determination that the Company is not performing the agreed upon services in a reasonable manner and/or in a timely fashion , shall give written notice of such dissatisfaction, and failure of the Company to develop and implement a plan to rectify substandard practices within ten (1 0) days from receipt of notice thereof, shall give rise to the cancellation of this Agreement. Should such determination of dissatisfaction result from a particular incident, the City or the Fire District will attempt to give oral notice within two (2) business days of the incident giving rise to the dissatisfaction . Upon issuance of a second notice of dissatisfaction, the City or Fire District may, at its option, cancel this Agreement without affording the Company the opportunity to correct the complained of substandard practice . Nothing contained herein shall be construed as establishing any obligation on behalf of the City and/or Fire District to make any monetary payment or other subsidy to the Company by virtue of this agreement. Qj_ 9.2 This Agreement shall remain in full force and effect provided , however, that either party may terminate this Agreement sooner, other than for cause, upon one hundred twenty (120) days notice. This termination provision shall also be applicable to any renewable period exercised by the parties . 9.3 If any party fails to comply with any term of this Agreement, any other party may terminate this Agreement immediately upon written notice indicating the termination date and/or sue for breach of contract. In such event, the prevailing party in such dispute shall be entitled to its reasonable costs, including its attorneys' fees . 9.4 The obligations of the City and the Fire District hereunder are expressly subject to the approval of annual appropriations, therefore, in the event of non-appropriation , this Agreement shall be deemed terminated as of the end of the fiscal year for which funds have been appropriated . Termination of the Agreement for this reason shall not constitute a default or breach of the Agreement within the scope of Section 9.3. This Agreement does not create or constitute a multi-year fiscal obligation of the City or of the Fire District. 10.0 POLICY. 10.1 The Company's performance shall be reviewed annually by the City, Fire District and Physician Advisor. A written performance report shall be submitted to the City Council and the Fire District Board at the time of renewal of this Agreement. 10.2 The Company agrees to be a participating member in any review committee which is established by the City, the Fire District or by the approved Physician Advisor. 10.3 The EMS Response Time Compliance Committee (ERTCC) is hereby established for purposes of this Agreement. This committee shall meet on a monthly basis . The Company agrees to maintain and provided to the City and/or District monthly response time reports, ambulance trip reports to include the patient's name, address, dispatch time, arrival time, destination time and the patient's condition, and any other pertinent reports as requested by the ERTCC. 10.3.1 The ERTCC will review the response times and determination of allowable exemptions . The determination of allowable exemptions will be based upon the circumstances that existed during the particular situation being reviewed . At the discretion of the committee members, the allowance exemptions may not be reflected in subsequent monthly statistics. 10.3.2 The parties agree that from time to time issues may arise where one party has concerns regarding the employees of the other party(s) or other issues related to the parties operations as they affect this Agreement. The parties agree that, upon receipt of a request to address any issue of this type, an appropriate representative of each party shall promptly meet to explore the matter, and each party shall work in good faith to address valid issues of concern. 10.4 The City and/or District may, upon written notice, inspect the Company's records to ensure compliance with this Agreement. 10.5 Nothing contained within this section of the Agreement constitutes the waiver of any patient's rights to confidentiality. 11 .0 ASSIGNMENT. Except as provided in this Section , the Company may not assign or subcontract, its rights and obligations under this Agreement, without this prior written approval of the City and Fire District. 12.0 LIABILITY. Notwithstanding any language to the Contrary contained in this Agreement, the Company is an independent contractor and is not an employee or agent of the City or Fire District. The Company assumes all liability for and agrees to indemnify and hold harmless the City and Fire District. The Company assumes all liability for and agrees to indemnify and hold harmless the City and Fire District from any and all claims for injuries or damages, including attorney's fees, arising from the Company's performance or lack of performance under this Agreement except to the extent such claim for injury or damages which are the direct and proximate result of an act or order of a police officer or other employee or volunteer of the City or Fire District. INSURANCE. The parties further agree and understand that the Company shall maintain 13.0 and keep in force an automobile insurance liability Policy with a minimum coverage of One Million Dollars ($1 ,000,000 .00) combined single limit for bodily injury and property damage. 13.1 The Company shall maintain and keep in force a Professional and General Liability insurance policy covering the employees of the Company for any and all malpractice and/or negligent acts performed or committed by those employees of the Company. Coverage for Professional/General liability shall be a minimum of one million dollars ($1 ,000,000) for any one claim and one million dollars ($1 ,000,000) combines single limit bodily injury and property damage. 13.2 Provided , however, that any language contained in this paragraph 13 to the contrary notwithstanding, the Company agrees that there shall be in effect, no less than one million dollars ($1 ,000,000) of insurance protection for each of the types of insurance protection specified in paragraph 13.1 hereof, which one million dollars ($1 ,000,000) of minimum insurance coverage shall be available to each person or patient attended to or transported by the Company pursuant to the terms hereof. The Company also agrees to furnish the City and Fire District a Certificate of Insurance evidencing the minimum amounts of coverage described above, and said policy shall further provide a specific provision relating that, in the event of cancellation of said policy, the City and Fire District shall be notified in writing ten (1 0) days prior to cancellation . The Company agrees to name the City and Fire District as additional insured parties. 13.3 The Company shall maintain and keep in force a Workers' Compensation insurance policy for all its employees . This coverage shall meet the statutory limits set forth by the state of Colorado. 13.4 Each party shall be responsible for its own negligent acts, provided , however, that nothing in this Agreement shall waiver any immunity, defense, or limitation of liability available to either the City or the Fire District under the Colorado Governmental Immunity Act, Section 24-10-101 , et. Seq. , C.R.S. IN WITNESS WHEREOF , the parties have executed this Agreement and intend for it to be in full force and effect on the day of , 2014. ATTEST: JANELLE SHAVER, CITY CLERK OWNER CITY OF WHEAT RIDGE 7500 W 29TH AVENUE WHEAT RIDGE, CO 80033 303-234-5900 DATE JERRY DITULLIO, MAYOR (Seal) CONTRACTOR APPROVED AS TO FORM : RURAL/METRO OF CENTRAL COLORADO, INC. d/b/a PRIDEMARK PARAMEDIC SERVICES 6100 WEST 54TH AVENUE ARVADA, CO 80002 GERALD DAHL, CITY ATTORNEY AUTHORIZED SIGNATURE WHEAT RIDGE FIRE DISTRICT PRINT NAME ATTEST: TITLE President: Jerry Cassel Wheat Ridge Fire District ATTEST TO CONTRACTOR: APPROVED AS TO FORM : NAME Wheat Ridge Fire District Attorney TITLE DATE .... ~·~ r City of ~OLJCE DEPARTMENT ... • ..~ Wheat;&_dge 6 Memorandum TO: Mayor Jay and City Council THROUGH: Patrick Goff, City Manager Daniel G. Brennan, Chief of Police FROM: Joseph Cassa, Division Chief Support Services Division DATE: January 26, 2015 SUBJECT: StaffReport: Rural/Metro-Pridemark Paramedic Services: 2014 Annual Review A meeting was held in November 2014, to evaluate the services provided by Rural!Metro-Pridemark Paramedic Services for the time period of January 1, 2014, through and including, December 31 , 2014. The EMS Response Time Compliance Committee (ERTCC) meeting was held on November 13, 2014, in the Chiefs Conference Room at the Wheat Ridge Police Department. Those in attendance were: • Mike Donner, Regional Director, Rural/Metro Ambulance-Pridemark Paramedic Services • Chantel Benish, General Manager for Colorado, Rural/Metro Ambulance-Pridemark Paramedic Services • Bob Olme, Fire Chief, Wheat Ridge Fire Protection District • Joe Cassa, Division Chief, Wheat Ridge Police Department • Michelle Stodden, Administrative Assistant, Wheat Ridge Police Department At the monthly meeting held on January 8, 2015, the police department proposed a change in the required monthly meetings. The proposal was to meet on a quarterly basis, or as needed. The ERTCC discussed and approved the recommendation to make this change. The purpose of the meetings was to evaluate the performance of Rural/Metro-Pridemark Paramedic Services, as outlined in the Intergovernmental Agreement (IGA) between the City of Wheat Ridge, Wheat Ridge Fire Protection District, and Rural/Metro-Pridemark Paramedic Services, which was executed on October 24, 2011 , to become effective on January 1, 2012. The IGA is for a period of one calendar year, and can be continued for successive one-year periods, for an additional four years. Under these terms, the current IGA will expire on December 31 , 2016. The methodology used to conduct the review consisted of reviewing the terms of the agreement, followed by discussion between those parties in attendance. StaffReport- Pridemark Annual Review January 26, 2015 Page2 The purpose of the IGA was to ensure the availability of adequate emergency ambulance service within the entire corporate limits of the City of Wheat Ridge, and the boundaries of the Fire District. This annual report includes all calls beginning January 1, 2014, through and including, December 31 , 2014. 3.1 Service From January I, 2014, through and including, December 31 , 2014, Rural/Metro-Pridemark Paramedic Services was dispatched to 6,597 calls for service. Of these calls, there were 4,363 (includes both priority one and two calls) transports. There were 2,775 priority one transports and 1,588 priority two transports. The IGA requires a six-minute response time to emergency calls for service 90% of the time. The IGA requires a response time often minutes on non-emergency calls for service 90% of the time. From January 1, 2014, through and including, December 31 , 2014, there were 3,956 emergency calls for service responded to by Rural/Metro-Pridemark Paramedic Services. Of these calls, 92.08% were responded to in under the six minutes, as required by the IGA. The six-minute fractile of90% was reached in all months of the time period included in this report. According to Wheat Ridge Fire Department Chief Bob Olme, the average response time of the Wheat Ridge Fire Department for the reporting period of time in this report is four minutes and two seconds for priority one calls. For the reporting period, the District responded to 3,037 calls for EMS related services. From January 1, 2014, through and including, December 31 , 2014, there were 2,635 non-emergency calls for service responded to by Rural/Metro-Pridemark Paramedic Services. The ten-minute fractile of 90% was reached in all months included in this reporting period. 95.6% of the non-emergency calls were responded to within the required ten-minute fractile of90%. 3.1.3 Company Deployment Plan Rural/Metro-Pridemark Paramedic Services' deployment plan is reviewed on a daily basis with respect to call volume and geographical distribution of calls for service. 3.1.6. Response Priorities Chief Olme and Division Chief Cassa reported that there have been no issues with this section. All other portions of this section of the IGA were complied with throughout the year 2014. 3.2 Penalties for Non-Compliance 3.2.2.1 Required Notification Chief Olme stated there have been instances where the required notifications by Rural/MetroPridemark Paramedic Services crews to the West Metro Dispatch Center, as required by this section, have not been made. He reported these issues have been addressed through proactive and positive meetings. 3.2.2.2 Penalty for response times greater than 15 minutes This penalty section has not been invoked. Rural/Metro-Pridemark Paramedic Services has had Staff Report - Pridemark Annual Review January 26, 2015 Page 3 reasonable explanations for violations of this section to the satisfaction of the ERTCC. Examples include weather and road conditions and the staging of the EMS crew outside the immediate area of the police response on certain police calls for service. 3.3 Calls All portions ofthis section ofthe IGA were complied with throughout the year 2014. 3.4 Compliance with Law All portions ofthe section ofthe IGA were complied with throughout the year 2014. A copy of the Jefferson County License to Operate Ambulance Service is attached. The current license expires in May, 2015. 3.5 Communications Rural!Metro-Pridemark Paramedic Services maintained one T-1 line for communications with the Police Department Communications Center, and two backup speed dial lines having caller ID. The Wheat Ridge Fire Protection District continued its contract with West Metro Fire Protection District to provide dispatching services for fire and selected EMS calls as determined by the Fire Protection District. 3.6 Medical Supervision Throughout the year 2014, Dr. Mike Stackpool (Lutheran Medical Center) remained the physician advisor for Rural/Metro-Pridemark Paramedic Services. 3.7 Rates A 5% increase is requested by Rural/Metro-Pridemark Paramedic Services. This exceeds the 2.9% Denver-Boulder-Greeley Medical CPI for the first half of201 , to the first half of2014. The ERTCC recommends the increase to be effective on January 1, 2015. 4.0 Helicopter There were no helicopter responses throughout the year 2014. 5.0 Control All portions ofthe section of the IGA were complied with throughout the year 2014. 6.0 Training Rural/Metro-Pridemark Paramedic Services remains to provide continuing education topics (such as influenza and ebola) for Police and Fire Department personnel as needed. Pridemark Paramedics continued to provide regularly scheduled EMS classes for all Wheat Ridge Fire Department personnel. Topics included poisioning and narcotic overdoses, pediatric trauma, fractures and splinting, the pediatric ALTE, GI-GU emergencies, chest trauma, geriatric emergencies, start triage and jumpstart, hemorrhagic shock, extremity trauma, managing the pediatric arrest and OB emergencies. 7.0 Equipment There were no issues during 2014 regarding personal protective equipment, medical equipment and the operation ofRural/Metro-Pridemark Paramedic Services' vehicles in a safe and prudent manner, Staff Report - Pridemark Annual Review January 26, 2015 Page4 and being in compliance with appropriate state statutes, and city and county ordinances relating to the operation of emergency vehicles. 8.0 Company Employees Throughout 2014, each Rural/Metro-Pridemark Paramedic Services crew consisted of no less than a licensed paramedic and one qualified EMT. All crew members were licensed throughout this evaluation period. 8.1 There were no complaints made regarding the company employees maintaining a professional attitude and perfom1ance standard and level of conduct throughout this evaluation period. 9.0 Term This IGA was executed on October 24, 2011 to become effective on January 1, 2012. The IGA was for a period of one calendar year, and can be continued for successive one-year periods for an additional four years. Under these terms, the current IGA will expire on December 31 , 2016. The agreement allows for successive one-year agreements subject to review by the Wheat Ridge City Council and the Wheat Ridge Fire Protection District annually. There have been no issues with this section of the IGA. 10.0 Policy The EMS Response Time Compliance Committee (ERTCC) convened monthly on a regular and consistent basis throughout 2014. These meetings include a variety of topics and issues, to include review ofRural/Metro-Pridemark Paramedic Services response times to emergency and nonemergency calls, and communication processes. Attendees included Rural/Metro-Pridemark Paramedic Services management and operations personnel, the Wheat Ridge Fire Protection District Fire Chief or designee, and the Wheat Ridge Police Department Support Services Division Chief or designee. Meeting minutes are taken by Administrative Assistant Michelle Stodden, Wheat Ridge Police Department. These meetings have proven to be valuable and insightful for all parties at the table. The ERTCC recommends a change in meeting requirements ofthe IGA. Section 10.3 requires monthly meetings. The ERTCC recommends meetings be held on a quarterly basis, or as needed. 11.0 Assignment There were no circumstances requiring the use of this portion of the IGA. 12.0 Liability There was no liability issues brought forth to the ERTCC during the year 2014. 13.0 Insurance Rural/Metro-Pridemark Paramedic Services provided a copy of their certificate ofliability insurance. Committee review of the certificate shows the company to be in compliance with the insurance requirements ofthe IGA. Recommendations: The review committee recommends the extension of the Intergovernmental Agreement for the year 2015. Staff Report - Pridemark Annual Review .January 26, 2015 Page 5 The Committee also recommends that the IGA be amended as noted in Section 10.3 , regarding frequency of meetings throughout the evaluation year. It is to be noted that the Wheat Ridge Fire Protection District Board of Directors awarded Rural/Metro-Pridemark Paramedic Services the 2015 contract extension and requested rate increase on December I 7, 2015. The Board has also approved the request to meet on a quarterly basis or as needed basis. URA / ~ December 1st, 2014 The City of Wheat Ridge and the Wheat Ridge Fire Protection District, Every year Rural Metro/Pridemark has the opportunity to assess the rates we charge and evaluate them as compared to the ever Increasing cost of doing business. As the cost of healthcare, supplies and fuel continue to Increase we have found that the tool for measuring the costs, the Denver-Boulder-Greeley CPIIs not keeping up with the effects of the Affordable care Act and other Influences. Last year the CPI Increased 3.0%. After careful consideration and evaluation we would like to request an extraordinary Increase of 5.0% as Is allowed In section 3.7 ofthe contract. • • • • The Consumer Price Index has been used traditionally and measures healthcare specifically. It does not specifically measure ambulance transport/service Recently the cost of gasoline has gone down, the cost of diesel has not Rising.healthcare costs for employers Increase In demand for service while reimbursement has decreased This 5% Increase will help to absorb some of the costs Incurred due to the continued Inflation. We appreciate your consideration of our request and will answer any questions you may have. Sincerely, Chantel Benish General Manager- Colorado Division Rural/Metro- Pride mark 6100 W. 54th Ave. Arvada, Colorado 80002 Rural/Metro - Pridemark Ambulance 6100 West 54th Avenue Arvada, Colorado 80002