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RESOLUTION NO. 2015-222 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE BIDDING REQUIREMENT FOR PROFESSIONAL SERVICES BECAUSE OF THE SOLE SOURCE EXCEPTION AND APPROVING AN AMENDMENT TO THE TWO-PARTY CONTRACT BETWEEN THE CITY OF CHULA VISTA AND THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, A CALIFORNIA CONSTITUTIONAL CORPORATION, ON BEHALF OF THE UNIVERSITY OF CALIFORNIA, SAN DIEGO, SCHOOL OF MEDICINE, DEPARTMENT OF EMERGENCY MEDICINE ("UCSD") FOR MEDICAL DIRECTOR SERVICES FOR THE ALS PROGRAM
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RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.
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SUMMARY
On December 10, 2013 the City Council approved resolution 2013-249. This resolution approved a contract between the City of Chula Vista and the Regents of the University of California, a California Constitutional Corporation, on behalf of the University of California, San Diego, School of Medicine, Department of Emergency Medicine (“UCSD”) for medical director services for the Advanced Life Support (ALS) program.
The Medical Director is a physician who has received prehospital emergency medical services training and provides expertise that guides the Department’s policies and procedures, quality improvement, and training activities.
The original contract was for two years, and it expires on September 30, 2015. The ALS program has been successfully underway and an integral member for that success is the medical director. The Fire Department has the need to continue the contract and utilizing the expertise of the medical director. Staff recommends City Council approves the first amendment to this contract to extend it for three more years, for a total of five years until September 2018, and approve an increase of 1% per year for three years.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378(b)(2) of the State CEQA Guideline; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
Emergency Medical Services (EMS) has become a core function of the fire service over the last 40 years. Calls for medical assistance now constitute 85 percent of the requests for service in the City of Chula Vista.
The Chula Vista Fire Department (CVFD) has been a provider of Basic Life Support (BLS) for the last 30 years. BLS care does not involve the administration of medication or performance of procedures based on independent assessment and judgment. By contrast, Advanced Life Support (ALS) involves the delegated practice of medicine through state, county, and provider agency regulations. The City Council has authorized the Fire Department’s transition from BLS to ALS and the funding necessary for this transition.
The California Code of Regulations, Title 22, defines the scope of practice for paramedics. The state delegates the administration of practice to the Local Emergency Medical Services Agency (LEMSA) who determines what the local standard of medical care shall be. Standardized medical treatment protocols are developed to guide paramedics in their delegated practice. Online medical direction is provided by designated base hospitals through their physician staff. The provider agency can further define what their policies shall be concerning medical care and equipment.
The primary role of the Medical Director for the provider agency is to assist in establishing policies and procedures that enhance the quality and safety of pre-hospital care provided to the citizens and visitors of Chula Vista. The Medical Director is an integral part of the quality improvement process where care provided is evaluated and improvements are recommended.
Another role for the Medical Director is the direct provision or guidance of medical training, based on evidenced-based medicine and best practices. The Medical Director serves as a liaison to state and county agencies as well as to the local medical community.
In 2013, the City entered into an agreement with the County of San Diego, Health and Human Services Department, and Emergency Medical Services Division to provide ALS service. The provision of ALS requires a level of medical expertise to establish proper policies and procedures, quality improvement and education.
The City does not employ staff with the level of expertise in this specific area of prehospital medical practice of emergency medicine. Given the complexity of ALS implementation and the long-term nature of the ALS Program, this expertise is best obtained in a contractual relationship for medical director services.
UCSD has a unique performance capability because it is the only academic medical center in San Diego County with the resources, staffing and experience to provide medical direction and access to academic facilities for ALS implementation. There are no other academic medical centers in San Diego County with the resources and ability to provide the Medical Director services.
On December 12, 2013 the City of Chula Vista entered into a two-party agreement with
UCSD to have one of its doctors, Mr. John Serra, M.D., serve as the Medical Director for the Chula Vista Fire Department. This contract expires on September 30, 2015. The Fire Department staff recommends that City Council amends this contract to extend it for three more years until September 30, 2018. Additionally, the original contract was for $40,000 per year for a total of $80,000 for two years. Staff recommends that City Council approves a 1% increase per year for the next three years as follows:
• Year 1 of extension - $40,399.92
• Year 2 of extension - $40,803.96
• Year 3 of extension - $41,211.96
Since the contract is for a total of five years, with a total contract cost of $202,415.84 it is necessary for the City Council to waive the bidding requirements because of UCSD’s sole source professional services.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18705.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City of Chula Vista Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community This resolution meets the goals of Operational Excellence and Healthy Community.
CURRENT YEAR FISCAL IMPACT
No additional fiscal impact anticipated for this action. These funds are included in the FY15/16 ALS Program fund. No appropriations needed at this time.
ONGOING FISCAL IMPACT
This action does not have ongoing fiscal impact. Funds will be included as part of the regular budget process in the ALS Program fund.
ATTACHMENTS
Two-Party Agreement
First Amendment to the Agreement
Staff Contact: Madeline Smith, Chris Scott