HomeMy WebLinkAboutItem 10 - Agreement for Ground Non-Emergency Medical Transportation ServicesFinance and Management Services
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Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 6, 2025
TOPIC: Ground Non -Emergency Medical Transportation Services
AGENDA TITLE
First Amendment to Agreement with Falck Mobile Health Corporation dba CARE
Ambulance Service to Provide Expanded Ground Non -Emergency Medical
Transportation Services for the Santa Ana Police Department and Provision of
Ambulance Compliance Data to Orange County Emergency Medical Services
RECOMMENDED ACTION
Authorize the City Manager to execute an Amendment to the Agreement with Falck
Mobile Health Corporation dba CARE to add on the contract's Scope of Work for Santa
Ana Police Department ground non -emergency medical transportation services and
monthly provision of Ambulance Compliance Data to Orange County Emergency Medical
Services (Agreement No. A-2025-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
The Santa Ana Police Department ("SAPD") is tasked with enforcing the City's laws and
regulations that apply to all persons within the City's boundaries, including persons with
physical and mental disabilities. Most frequently, SAPD officers are encountering
individuals who may not need assistance with being transported to a jail or medical facility.
However, on some occasions, officers may engage with individuals with disabilities that
require transportation that is not fit for a typical police car and are best transported in
specialized, medical vehicles.
Currently, SAPD does not possess the specialized transportation equipment or vehicles
required to safely and securely transport persons with certain physical or mental
conditions. Furthermore, SAPD officers are not medically trained on the nuances of
interacting with persons with certain medical conditions and improper interactions could
pose a risk to the officer or members of the public.
As such, staff reviewed various options to address this gap in service, adhere to federal
law requirements (specifically Title II of the Americans with Disabilities Act (ADA)), and
ensure that the safety of the community, as well as the officers, is not adversely impacted.
Amend Agreement with Falck Mobile Health Corporation
May 6, 2025
Page 2
Staff found that other police departments purchased the necessary equipment and hired
trained personnel; however, this came at a high cost for a service that is infrequently used
for Santa Ana. Instead, staff identified a cost-effective measure, which is to utilize the
existing relationship with Falck, the City's contracted ground emergency medical transport
provider, to establish medical transportation services for detainees.
The proposed contract amendment would not alter the emergency provisions of the
agreement with Falck. The amendment would add an independent service specifically for
SAPD on an as -needed basis in which Falck would use its own vehicles and personnel
to safely transport persons to and from medical and jail facilities. The dedication of
ambulances or other vehicles will not reduce the required number of ambulances needed
on standby throughout the City nor will they impact response times. Lastly, the
amendment will not impact the enforcement provisions of the existing agreement.
Lastly, the Orange County Health Care Agency (OCHCA) is a regional health jurisdiction
and accredited health department. A division of OCHCA is the Orange County Emergency
Medical Services (OCEMS) office, which is tasked with protecting and promoting
individual, family, and community health through regulation of emergency medical
services including, but not limited to, ground transportation. OCEMS has the ability to
verify ambulance call data and the City's contract with Falck includes performance
standards for response time. As a means to improve the City's oversight of Falck's
response time performance, the City also proposed to amend the agreement with a
requirement for Falck to submit, on a monthly basis, ambulance response time
compliance data to OCEMS for review and validation to ensure adherence by Falck to
contracted ambulance response times.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Falck has agreed to provide transports with at least 24-hour notice at no additional charge;
and has agreed to provide five free calls per year with less than 24-hour notice. For any
additional calls with less than 24-hour notice, the City will be charged $60 per 15-minute
increment. Considering the expected use of this service, staff does not anticipate
incurring any charges; and therefore does not expect a fiscal impact to the Falck
amendment for the additional SAPD non -emergency service.
EXHIBIT(S)
1. First Amendment to Agreement with Falck Mobile Health Corporation
Submitted By: Alexander Trinidad, Acting Executive Director of Finance and
Management Services Agency
Approved By: Alvaro Nunez, City Manager
1*:4:11-1hs
FIRST AMENDMENT FOR FIRE / EMS EMERGENCY TRANSPORTATION
SERVICES AGREEMENT
THIS FIRST AMENDMENT TO FIRE / EMS EMERGENCY TRANSPORTATION
SERVICES AGREEMENT ("First Amendment"), effective as of May 6, 2025 ("First Amendment
Effective Date"), is made and entered into by and between the City of Santa Ana, a charter city
and municipal corporation organized and existing under the Constitution and laws of the State of
California ("CITY OF SANT ANA"), and Falck Mobile Health Corp. ("CONTRACTOR"). CITY
OF SANTA ANA and CONTRACTOR may be referred to herein separately as a "Party" and
collectively as "Parties."
RECITALS
A. The Parties entered into Agreement A-2,018-299 for Fire / EMS Emergency Transportation
Services (the "Agreement") dated December 18, 2018 following a comprehensive Request
for Proposal procurement process to provide primary ambulance transportation services
and other related services in accordance with the terms of the RFP No. 18-059 and
applicable federal, state, and local laws.
B. The CONTRACTOR is an ambulance provider fully licensed and otherwise qualified to
perform the work required in the Agreement.
C. CARE Ambulance Service, Inc., the original contracting party as CONTRACTOR to this
Agreement, was acquired by Falck USA, Inc. in December 2010 and maintained its
company name. On August 20, 2020, the CONTRACTOR filed its official information
with the State of California and became officially known as Falck Mobile Health Corp.
The Parties seek to amend the Agreement to recognize the change to the CONTRACTOR's
new corporate name.
D. The City of Santa Ana Police Department ("Police Department"), following initial award
of the Agreement, discovered a need to safely and securely transport detainees to and
from the City jail with certain physical or mental disabilities or conditions, as its own
officers and personnel are not medically -trained on nuances of interacting with and
transporting persons with certain medical disabilities or conditions.
E. The CITY OF SANT ANA, in order to reduce the risks posed to Police Department
officers and personnel, and members of the public, seeks to amend the existing Agreement
to provide non -emergency medical transportation services on an as -needed basis for the
Police Department.
F. The CITY OF SANT ANA also wishes to amend the existing Agreement to require
CONTRACTOR to provide ambulance compliance data on a monthly basis to Orange
County Health Care Agency - Emergency Medical Services ("OCEMS") by entering the
requested computer aided dispatch ("CAD") ambulance response data for OCEMS to
review.
G. In undertaking the performance under the Agreement and this First Amendment,
CONTRACTOR represents that it is knowledgeable in its field and that any services
performed by CONTRACTOR under this First Amendment will be performed in
compliance with such standards as may reasonably be expected from a professional firm
in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject
to the terms and conditions hereinafter set forth, the Parties agree as follows:
I. The name of the CONTRACTOR is changed to Falck Mobile Health Corp.
2. Section 2., Scope of Work, is hereby amended to add subsections 2.H. and 2.I. to the
Agreement, which read as follows:
H. CONTRACTOR shall perform supplemental as -needed non -emergency transport services
for the Santa Ana Police Department to transport persons in police custody, to and from the City
jail ("Non -Emergency Transport Services"). The CITY OF SANTA ANA, to the best of its ability,
will provide at least 24 hours advance notice to schedule transportation, subject to the availability
of the CONTRACTOR's resources. The Parties agree that these transports will not count towards
any other response time requirement of CONTRACTOR under the Agreement. The Parties also
agree that these Non -Emergency Transport Services will not interfere with 9-1-1 Emergency
Transportation Services.
I_ CONTRACTOR shall enter requested computer aided dispatch (CAD) ambulance
response data for monthly submittal to Orange County Health Care Agency - Emergency Medical
Services (OCEMS) through a designated CAD data workbook.
3. Section 3, Contract Price and Payment, is hereby amended to add subsection 3.A.4. to
the Agreement, which reads as follows
4. Non -Emergency Transport Services. With regard to Non -Emergency Transport
Services, CONTRACTOR agrees that the CITY OF SANTA ANA will not be charged for calls
made with at least 24-hours of advance notice prior to transportation. CONTRACTOR further
agrees the CITY OF SANT ANA is entitled to five (5) no -charge calls per calendar year for Non -
Emergency Transport Services provided with less than 24-hours of advance notice. The CITY OF
SANT ANA agrees to pay, and CONTRACTOR agrees to accept as total payment for its services,
a rate of $60 per 15-minute increment, rounded up, for the sixth and subsequent calls for Non -
Emergency Transport Services, with less than 24-hours advance notice, within the calendar year
of this amended Agreement. The Non -Emergency Transport Services are subject to the Contract
Price Table and monetary limits of Fiscal Year Total and Not to Exceed Monthly Price. The Non -
Emergency Transport Services are for transportation only.
4. Section 7., Insurance, is hereby amended to read as follows
Prior to beginning the provision of 9-1-1 Emergency Transportation Services and Non -
Emergency Transport Services under this Agreement, CONTRACTOR must provide to the
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satisfaction of the CITY OF SANTA ANA and OCFA, certificates of insurance and endorsements
evidencing the policy or policies of insurance in the types and amounts set forth below and shall
name CITY OF SANTA ANA and OCFA as certificate holders. CONTRACTOR shall at all times
during the term of this Agreement carry, maintain, and keep in full force and effect and shall
require any subcontractors to obtain and maintain the following minimum scope of insurance
coverage for the entire Term of this Agreement against claims of negligence leading to injuries,
including death, to persons or damage to property which may arise from or in connection with
services, products and materials supplied to CITY OF SANTA ANA and OCFA. Total cost of
such insurance shall be borne by CONTRACTOR.
MINIMUM SCOPE AND LIMIT OF INSURANCE
1. Commercial General Liability (CGL): on an "occurrence" basis, including products and
completed operations, property damage, bodily injury and personal & advertising injury
with limits no less than $10,000,000 per occurrence and $10,000,000 aggregate. Required
policy limits can be met with primary and umbrella/excess insurance policies.
2. Commercial Automobile Liability (AL): with limits no less than $3,000,000 combined
single limits, with an aggregate no less than $6,000,000. Required policy limits can be met
with primary and umbrella/excess insurance policies. CONTRACTOR's Commercial
Automobile Liability insurance policy shall include coverage for vehicles, provided by
CITY OF SANTA ANA and/or OCFA, for use by CONTRACTOR under First Tier
Service and Mutual Aid Service.
3. Workers' Compensation (W/C): with statutory limits as required by the State of
California, and Employer's Liability Insurance with limits no less than $1,000,000 per
accident, policy or employee, for bodily injury or disease.
4. Emergency Service Business Insurance (EMS)/Professional Liability (PL) Insurance:
with limits no less than $3,000,000 per occurrence or claim, and $6,000,000 aggregate.
Required policy limits can be met with primary and umbrella/excess insurance policies.
If CONTRACTOR maintains broader coverage and/or higher limits than the minimum
requirements for each line of coverage shown above, CITY OF SANTA ANA/OCFA requires and
shall be entitled to the broader coverage and/or the higher limits maintained by CONTRACTOR.
Any available insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to CITY OF SANTA ANA/OCFA.
Required Policy Endorsements
The above required insurance policies are to contain or be endorsed to contain the
following provisions:
1. "CITY OF SANTA ANA, its City Council, its officers, officials, employees, agents,
volunteers, and OCFA" are to be covered as additional insureds, under CONTRACTOR's
CGL and AL, insurance policies, with respect to any liability arising out of work or
operations performed by or on behalf of CONTRACTOR under this Agreement, including
materials, parts, equipment, and personnel furnished in connection with such work or
operations.
2. CONTRACTOR's Insurance company(ies) agrees to waive all rights of
subrogation/recovery against CITY OF SANTA ANA, its City Council, its officers,
officials, employees, agents, volunteers, and OCFA for losses paid under the CGL, AL,
EMS/PL, and W/C insurance policies, related to work performed by CONTRACTOR
under the terms of this Agreement.
3. For any claims related to this Agreement, CONTRACTOR's Commercial General
Liability (CGL) and Automobile Liability (AL) insurance coverage shall be primary,
and any insurance maintained by CITY OF SANTA ANA and OCFA shall be non-
contributory. CONTRACTOR shall not be required to indemnify the CITY OF SANTA
ANA or OCFA for claims arising out of their own negligence or willful misconduct.
4. A severability of interests provision shall apply for all additional insureds, ensuring that
CONTRACTOR's Commercial General Liability (CGL) and Automobile Liability
(AL) insurance shall apply separately to each insured against whom a claim is made or suit
is brought, except with respect to the insurer's limits of liability. The inclusion of additional
insured(s) shall not increase or alter the CONTRACTOR's liability or obligations under
this Agreement, nor shall it extend the scope of coverage beyond the limits of the
CONTRACTOR's policies. CONTRACTOR's insurance shall not provide coverage for
any claims arising from the negligence or willful misconduct of any additional insured.
The CONTRACTOR's insurance coverage shall remain primary, and any insurance
maintained by the additional insured(s) shall be non-contributory.
5. CGL, AL, EMS/PL insurance policies required herein shall provide that coverage shall
not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the
carrier, or materially changed except after thirty (30) days prior written notice has been
given to CITY OF SANTA ANA and OCFA. Ten (10) days prior written notice shall be
provided to CITY OF SANTA ANA and OCFA for policy cancellation or non -renewal due
to non-payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: "CITY OF SANTA
ANA and OCFA". Certificate of Insurance should be addressed to City of Santa Ana,
Attention: Executive Director, Finance and Management Services Agency, 20 Civic Center
Plaza, M-17, Santa Ana, CA 92701.
Other Insurance Provisions
1. The above required insurance shall be in a form which supports coverage for the provisions
of the indemnification clause required under this Agreement, including a claim brought
against the CITY OF SANTA ANA and/or OCFA for injury to, or death of an employee
or agent of CONTRACTOR.
2. In the event of a claim or claims against the above -referenced liability policies which
reasonably may deplete one-half or more of the aggregate limits, CONTRACTOR shall
immediately notify CITY OF SANTA ANA and OCFA. In the event a claim or claims
against the above -referenced liability policies, which are reasonably expected to deplete
90% of the aggregate limits, CONTRACTOR shall, at CONTRACTOR'S expense,
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reinstate the aggregate limits at least to an amount equal to one-half of the face amount of
the aggregate limits on the policies.
3. No insurance required herein shall provide for a deductible in excess of $5,000 or a self -
insured retention in any amount, without prior written consent of the CITY OF SANTA
ANA and OCFA; and, the granting or denying of such consent shall be at the sole and
absolute discretion of the CITY OF SANTA ANA and OCFA.
4. CONTRACTOR is required to file evidence of required insurance with endorsements with
CITY OF SANTA ANA and OCFA on or before the Effective Date of this Agreement, and
to thereafter maintain current endorsements on file with CITY OF SANTA ANA and
OCFA. The completed endorsements and evidence of insurance are subject to the approval
of CITY OF SANTA ANA and OCFA.
5. Nothing in this section shall be construed as limiting in any way the Indemnification and
Hold Harmless clause contained herein in this Agreement, or the extent to which
CONTRACTOR may be held responsible for payments of damages to persons or property.
6. Insurance is to be placed with insurers authorized to conduct business in the State of
California with a current A.M. Best rating of no less than A-:VII, unless otherwise
acceptable to CITY OF SANTA ANA.
7. CITY OF SANTA ANA or OCFA shall have the right at any time to review the coverage,
form, and limits of insurance required herein. If, in the sole and absolute discretion of the
CITY OF SANTA ANA and/or OCFA, the insurance provisions in this Agreement do not
provide adequate protection for the CITY OF SANTA ANA and/or OCFA, the CITY OF
SANTA ANA and/or OCFA shall have the right to require CONTRACTORs to obtain
insurance sufficient in coverage, form, and limits to provide adequate protection and
CONTRACTOR shall promptly comply with such requirement. The CITY OF SANTA
ANA's and OCFA's requirements shall not be unreasonable, but shall be adequate in the
sole opinion of the CITY OF SANTA ANA and OCFA to protect against the kind and
nature of risks which exists at the time a change of insurance is required, or thereafter.
8. Alternate forms of insurance, that meet the above requirements, must be approved by the
CITY OF SANTA ANA's and OCFA's Risk Managers prior to awarding a contract and
beginning any work under this Agreement.
5. Except as modified by this First Amendment, all terms and conditions of the Agreement
shall remain in full force and effect.
{Signatures on following page}
IN WITNESS WHEREOF, the Parties hereto have, by and through their duly authorized
representatives, executed this First Amendment to the date and year first written above.
ATTEST:
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
Andrea Garcia -Miller
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Alexander Trinidad(Apr ,2 516:11 POT)
Alexander Trinidad, CPA
Acting Executive Director & City Treasurer
Finance and Management Services Agency
CITY OF SANTA ANA:
Alvaro Nunez
City Manager
FALCK MOBILE HEALTH CORP.:
Scott White
Scott Whit, (Apr 15, 20251 1 PDT)
Scott White
Regional Managing Director
Falck 1st Amendment_SAPD - CAO signed
4-14-25 (revised) (2039417.2) (003)
Final Audit Report
Created: 2025-04-15
By: bob campbell (bob.campbell@falck.com)
Status: Signed
Transaction ID: CBJCHBCAABAAAp_YzpD7g-FHQ—MZHjOgzktCeSXELOkE
2025-04-15
"Falck 1 st Amendment _SAPD - CAO signed 4-14-25 (revised)(2
039417.2) (003)" History
Document created by bob campbell (bob.campbell@falck.com)
2025-04-15 - 7:09:40 PM GMT
Document emailed to Scott White (scott.white@falck.com) for signature
2025-04-15 - 7:09:44 PM GMT
Email viewed by Scott White (scott.white@falck.com)
2025-04-15 - 7:11:06 PM GMT
Document e-signed by Scott White (scott.white@falck.com)
Signature Date: 2025-04-15 - 7:11:43 PM GMT - Time Source: server
Agreement completed.
2025-04-15 - 7:11:43 PM GMT
a Adobe Acrobat Sign
Falck 1 st Amendment_SAPD - CAO signed
4-14-25 (revised) (2039417.2) (003)
Final Audit Report 2025-04-15
Created: 2025-04-15
By: Kristin Andrade (kandrade@santa-ana.org)
Status: Signed
Transaction ID: CBJCHBCAABAATds2e6iigrSPHnMZB219et95HHLgTEgU
"Falck 1 st Amendment _SAPD - CAO signed 4-14-25 (revised) (2
039417.2) (003)" History
Document created by Kristin Andrade (kandrade@santa-ana.org)
2025-04-15 - 11:01:02 PM GMT
° ' Document emailed to Alexander Trinidad (atrinidad@santa-ana.org) for signature
2025-04-15 - 11:01:24 PM GMT
Email viewed by Alexander Trinidad (atrinidad@santa-ana.org)
2025-04-15 - 11:09:26 PM GMT
Document e-signed by Alexander Trinidad (atrinidad@santa-ana.org)
Signature Date: 2025-04-15 - 11:11:00 PM GMT - Time Source: server
d Agreement completed.
2025-04-15 - 11:11:00 PM GMT
Q Adobe Acrobat Sign