Public Safety Committee

Roswell Public Safety Committee Tuesday September 18, 2018 4:00 p.m. City Hall Large Conference Room 425 N. Richardson Ave. Roswell, New Mexico 88201 Committee Chair: Jeanine Corn Best Committee Vice Chair: Angela Moore Committee Members Steve Henderson, Barry Foster Staff Coordinator: Mike Mathews ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTE 1. Approval of minutes from the July 18, 2018 Public Safety Committee Meeting and August 15, 2018 committee meeting no quorum. REGULAR ITEMS 2. Animal Control Standards of Operation/Mathews, Captain Gonzales 3. Superior Ambulance contract extension/Chief Graham NON-ACTION Items 4. Ambulance update/ Chief Graham 5. Animal control update/ Gonzales 6. Combined dispatch update/ Mathews 7. Discussion on Hunting on City Property/ Mathews Information Next meeting October 17, 2018 Chair announcements/ reports Adjourn Notice of this meeting has been given to the public in compliance with Sections 10-15-1 through 10-15-4 NMSA 1978 and Resolution 18-55. NOTICE OF POTENTIAL QUORUM – A quorum of the City Council may or may not attend, but there will not be debate by the City Council. If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Human Resources at 575-624-6700 at least one week prior to the meeting or as soon as possible. Public documents including the agenda and minutes can be provided in various accessible formats. Please contact the City Clerk at 575-624-6700 if a summary or other type of accessible format is needed. Printed and posted: 9/14/2018 1 Regular Meeting of the Public Safety Committee Held in the Conference Room at City Hall July 18, 2018 at 4 p.m. Notice of this meeting was given to the public in compliance with Sections 10-15-1 through 10-15-4 NMSA 1978 and Resolution 17-49. ROLL CALL The meeting convened at 4:00 p.m. with Chair Best presiding, Councilor Moore and Councilor Henderson being present, Councilor Foster being absent. Staff present: Mike Mathews, Deputy Chief Jason Sweatfield, Emergency Manager Karen Sanders, Division Chief Eric Mann, Captain Fhil Gonzales, Captain Mike Taylor City Manager Joe Neeb. Guest present: None. APPROVAL OF AGENDA and MINUTES 1. Councilor Moore moved to approve the July 18, 2018 regular Public Safety Committee meeting agenda as presented and the minutes from the June 20, 2018 public safety meeting. Councilor Henderson was the second. A voice vote was unanimous and the motion passed 3-0 with Councilor Foster being absent. REGULAR ITEMS 2. No items NON-ACTION ITEMS 3. Division Chief Mann gave an update on information he had received from PRC concerning providing back-up Ambulance service and long distance backups. Fire administration will continue this discussion with city manager and staff to develop a plan. 4. Mr. Mathews updated committee on a traffic calming plan that is working through the Infrastructure committee. 5. Mr. Mathews and Captain Gonzales updated committee on activities at animal control, eight new fans have been installed in kennel area at, and also paper work has been submitted to HR to fill the position of kennel manager and three kennel workers. 6. Mr. Mathews gave a presentation of the Good Morning program the police department will be implementing in the next week. Residents that live alone can  register with the police department to receive a daily phone call between 8 and 10 a.m. to make sure they are ok. PSA will be going out to public next week. 7. Mr. Mathews provided a brief update on combined dispatch, currently working with stake holders to develop a plan to address issues with the communication system and how to move forward with addressing needs of this large project. Information 8. Next meeting August 15, 2018 at 4 p.m. City Hall large conference room. Chair announcements/reports None ADJOURN The meeting adjourned at 4:30 p.m. Regular Meeting of the Public Safety Committee Held in the Conference Room at City Hall August 15, 2018 at 4 p.m. Notice of this meeting was given to the public in compliance with Sections 10-15-1 through 10-15-4 NMSA 1978 and Resolution 17-49. ROLL CALL The meeting convened at 4:00 p.m. with Chair Best presiding, Councilor Foster present, Councilor Henderson and Councilor Moore being absent. (No Quorum) Staff present: Mike Mathews, Deputy Chief Jason Sweatfield, Emergency Manager Karen Sanders, Danny Renshaw, Aaron Holloman, City Manager Joe Neeb, Chief Phil Smith and Mayor Kintigh. Guest present: Larry Connelly. APPROVAL OF AGENDA and MINUTES 1. No Quorum REGULAR ITEMS 2. No Quorum NON-ACTION ITEMS 3. Mathews gave an update on contract with ambulance service contract, hopes to have to committee next meeting 4. Mathews informed committee of submission of a homeland security grant for new equipment for police and fire department. Will keep committee updated on this grant. 5. Mathews gave an update of staffing at animal control, currently hired a kennel manager and three kennel workers currently in process with HR doing physicals and background checks. 6. Mathews gave an update on dispatch and the focus on communications project. 7. Holloman gave an update on changes made to RFP for fleet maintenance this item will be on agenda for the next legal committee meeting.  8. Mathews updated the progress of the traffic calming policy being considered by infrastructure committee. 9. Mathews discussed a resent request by a citizen to hunt on city property within city limits. This request was denied and staff will be looking at adding language to city ordinance to address these types of request, and bring back to this committee for consideration. Information 10. Next meeting September 19, 2018 at 4 p.m. City Hall large conference room. Chair announcements/reports None ADJOURN The meeting adjourned at 4:36 p.m.  ROSWELL NEW MEXICO PUBLIC SAFETY AGENDA ITEM ABSTRACT Public Safety Council Committee Meeting Item No. 2 Meeting Date: 9/18/18 COMMITTEE: Public Safety CONTACT: Mike Mathews/ Captain Gonzales CHAIR: Best ACTION REQUESTED: Consider approval of the Standards of operation for Roswell Animal Shelter. BACKGROUND: Staff has developed a Standard of Operation for Roswell Animal Shelter. Prior to this document no such standards were in place. This document outlines the standards required to operate the shelter and is designed to be used with current city policies and city codes. FINANCIAL CONSIDERATION: No additional funding is required, each year budget is built to operate facilities. LEGAL REVIEW: The City Attorney and City Manager have reviewed and approved the Standards of operation. BOARD / COMMITTEE ACTION: The Public Safety Committee is ask to consider approval the Standards of Operation. STAFF RECOMMENDATION: The Public Safety Committee is ask to consider approval the Standards of Operation.  AUGUST 01, 2018 STANDARD OF OPERATION FOR ROSWELL ANIMAL SHELTER CITY OF ROSWELL  STANDARDS FOR THE ROSWELL ANIMAL SHELTERS The following standards shall serve as a guideline for the maintenance and operation of the Roswell Animal Shelter. 1. STRUCTURAL STANDARDS All exterior structures and fencing will: A. be constructed of building materials that will ensure the establishment of a sound physical structure. B. be maintained in good repair. C. protect animals kept therein from injury and ensure containment of animals within the shelter. D. exclude the entry of outside animals and unauthorized persons. E. include fencing constructed sufficiently to prevent dogs from jumping or climbing or digging to escape. 2. FACILITY STANDARDS A. Animal housing areas will be physically separated from places where food and drink for human consumption are prepared, served or stored. B. Interior building surfaces will be constructed and maintained so that they are impervious to moisture and may be readily cleaned. C. Animal food storage and equipment cleaning areas will be physically separated from animal housing. D. Reliable and adequate electric power and/or gas will be provided for lighting, air circulation, heating and cooling. E. Reliable and adequate potable (drinkable, clean, fresh) water will be provided. Back flow preventers will be installed on any threaded faucets where hoses may be attached for the purpose of cleaning the facility or on the main water line serving the facility. F. Readily accessible washrooms or sinks will be provided to maintain personal hygiene among animal caretakers. A two-compartment sink in good repair will be provided for washing and sanitizing equipment used for animal care and feeding. An area will be available to wash any animal that becomes or is soiled upon intake. 1  G. Indoor housing for animals will be sufficiently heated or cooled to protect animals from extreme temperatures, and to provide for their health and comfort at all times. H. Indoor housing for animals will be adequately ventilated with fresh air to minimize odors and moisture and to provide for the health and comfort of the animals at all times. Kennels will have fresh air ventilation. I. Water supply will allow for hose hook-up, to readily reach all parts of animal housing. Water pressure will be adequate for cleaning of animal housing areas. J. A suitable method will be provided to rapidly eliminate excess water from animal housing facilities. If drains are used, they will be properly constructed and kept in good repair. If closed drainage systems are used, wastewater will be disposed of by connection to a sanitary sewer or any approved sewage disposal system. K. Consideration will be given to various methods of noise abatement, for the health and comfort of animals and employees. 3. ANIMAL ENCLOSURE STANDARDS A. Primary enclosures defined: Primary enclosures are those animal enclosures (within the interior of the building) in which the animal normally eats, eliminates, rests, and sleeps. B. All animals housed at the shelter will be confined to a primary enclosure at all times unless under the direct supervision of shelter personnel or a qualified, appointed volunteer. C. Primary enclosures will be structurally sound and maintained in good repair and sanitary condition to protect the animals from injury and disease. They will be constructed and maintained to enable the animals to remain dry and clean and to provide convenient access to food and clean water. D. The floors of the primary enclosures will be constructed to prevent injury to the animals, and to ensure adequate drainage and prevent pooling of fluids within the primary enclosures for dogs. E. Floors in dog runs will slope to drain liquid out of runs and prevent pooling or puddles in the runs or walkways. 2  F. There will be solid walls between dog runs to prevent water and waste material from flowing from run to run. The solid walls will be of a height sufficient to prevent nose-to-nose contact of animals between the runs. In addition, fencing of other materials that allow for airflow will be used above the solid walls (vertically and horizontally) to provide a protective barrier at least six feet high between runs, to prevent dogs from jumping over. G. All solid surfaces of the dog runs will be constructed of a material (such as concrete, stone, cement block, brick, or metal) that is water resistant and can be cleaned and sanitized. Concrete floors, sealed, not painted, are preferable because they can be cleaned and disinfected most effectively. H. Primary enclosures (individual cages) for cats will be made of stainless steel, fiberglass, or other impervious material that is water-resistant and can be cleaned and sanitized. (Chicken wire, barbed wire, and wood will never be used.) The cages will have a solid floor, sides, and top. The front will be designed to maximize light and airflow. I. Care will be taken to ensure that animals are not able to escape from their primary enclosure. Special attention must be give when housing animals that are aggressive, under quarantine, or under protective custody. Condition of all enclosures will be monitored daily and various types of locks (from nose-proof or paw-proof to those requiring keys) will be used. All primary enclosures will be secured at all times with a key type lock. J. Primary enclosures will house preferably one (1) animal (for optimum disease control) but certainly no more than two (2) compatible, non- breeding animals per enclosure, except when litters are housed with their dams. K. Space Requirements for Dogs - In considering these guidelines, it is important that the animal be able to stand and walk around freely and have room for bedding and food and water bowls. L. Space Requirements for Cats - In considering these guidelines, it is important that the animal be able to stand and walk around freely and have room for bedding, litter box, and food and water bowls. M. Litter boxes will be provided for cats in their primary enclosure, with litter disposed of on a daily basis. Litter boxes may be disposable, or reusable if they are cleaned daily and sanitized before used by another cat. 3  N. Tethering dogs is not an acceptable alternative to an enclosure. Temporary, short-term tethering of dogs may be employed while cleaning the primary enclosure or in the event of an emergency, such as a fire or flood, until transport to another facility can be arranged. Care will be taken to ensure the safety of the dog while it is tethered. (Cats will never be tethered.) O. Animals placed in crates or carriers even for a short time must have ample space to stand up, turn around and lie down. Crates and carriers must be disinfected and dried after each use and before another animal is placed in the crate or carrier. 4. SANITATION STANDARDS A. To prevent contamination of animals and to reduce disease hazards and odors, animal waste will be removed from primary enclosures daily or more often as necessary. B. Cages, kennels, containers, equipment, and other items will be cleaned daily to maintain sanitary conditions. One of the most effective methods is to wash all surfaces with a dilution of bleach and water, rinse and allow the surface to dry. Since bleach can cause respiratory problems for cats and it can also corrode stainless steel, quaternary disinfectants will be used instead in those cases. Animals should be removed from the enclosures during the cleaning process and precautions taken to avoid cross contamination. C. Water and food containers and all other utensils will be cleaned and sanitized using generally accepted methods such as a chemical sanitizing solution. These containers will be cleaned and sanitized as often as necessary to maintain sanitary conditions. D. When cleaning, sanitizing, and disinfecting, product manufacturer instructions will always be followed precisely. Never mix bleach with quaternary ammonia compounds, as mixtures hazardous to both animals and people will result. Certain mixtures may render the products ineffective, as well. Pine products and fumes are extremely toxic to cats and will never be used around them or to clean cat enclosures, bowls, etc. E. Water and food bowls will be made of metal. Plastic is not recommended because it may be chewed and ingested and may retain harmful contaminants. F. Animal and food waste, soiled bedding, dead animals, debris, and other organic waste will be stored in closed containers and disposed of so that vermin infestation, odors, disease hazards, and nuisances are minimized. Such waste will be removed at least daily from the facility. Any reusable trash containers will be regularly sanitized and disinfected. 4  G. Building and grounds will be kept clean, in good repair, and free from trash. H. Weeds will be mowed or cut down in areas where animals are kept or exercised. I. An effective program for the control of insects, ectoparasites, and avian and mammalian pests will be maintained. J. Unopened supplies of food will be stored off the floor and be adequately protected against infestation or contamination by vermin. Opened supplies of food will be stored separately in closed waterproof containers. K. Animal bedding will also be stored off the floor and be adequately protected against infestation or contamination. L. Dead animals at the facility will be stored and disposed of in strict compliance with applicable state laws/local ordinances and in a way that will not cause a disease hazard or nuisance. 5. CARE AND HANDLING STANDARDS A. FOOD AND WATER 1) Animals will be fed daily (except when advised otherwise during veterinary treatment or in cases of malnutrition when smaller portions throughout the day are needed) to avoid medical problems associated with overeating. The food must be free from contamination, palatable, and of sufficient quality and nutritive value to meet the normal daily requirements for the condition, size, and age of the animal. Refrigeration will be provided for perishable food. 2) Care will be taken not to underfeed or overfeed animals. 3) Special consideration regarding types of food and frequency will be given to puppies, kittens, older animals, and nursing dams. 4) Malnourished or emaciated animals may need an increased food intake, but introduction of food must be regulated and increased gradually, preferably with veterinary guidance. 5) Animals must be provided potable (drinkable, clean, fresh) water at all times (except when water must be withheld under special veterinary care). 5  6) Food and water containers will be accessible to the animal and located to minimize contamination by excreta or other material. These containers will be cleaned daily. Disposable food containers may be used only if discarded after each use. 7) Food and water containers will be of a size appropriate to ensure accessibility based on the size of the animal 8) Self-feeders and self-waterers will not be used for reasons of excessive cost, difficulties with sanitation, and probable malfunction. 9) Spoiled, moldy food or food contaminated with feces, droppings, or insects will never be used. Food left in food bowls from the previous day will be disposed of, disposable bowls discarded, and non-disposable bowls cleaned. B. CLASSIFICATION AND SEPARATION 1) Animals housed in the same primary enclosure (where they eat, eliminate, rest, and sleep) will be maintained in compatible groups, with the following additional restrictions: a) Primary enclosures will house preferably one (1) animal but certainly no more than two (2) compatible, non-breeding animals per enclosure, except when litters are housed with their dams. b) A female in season (estrus) will not be housed in the same primary enclosure with a male. c) An unaltered male will not be housed in the same primary enclosure with an unaltered female. d) Any dog or cat exhibiting an aggressive disposition will be housed individually in its primary enclosure and the enclosure appropriately marked for protection of shelter personnel. e) Animals under four months of age will not be housed in the same primary enclosure with adult animals other than their dams. Attempts will always be made to keep nursing mothers and their babies as removed from other animals as possible, to allow them privacy, to protect them from unwanted intrusion and noise, to alleviate fear/aggression, and to promote their general well being. 6  f) Dogs will not be housed in the same primary enclosure with cats, nor will dogs or cats be housed in the same primary enclosure with any other species of animals. 2) Animals that have bitten a human must be quarantined pursuant to applicable New Mexico state law (see NMSA 1978 § 77-1-6 and 77-1-10) and local municipal or county ordinance. Animals under quarantine for observation of rabies symptoms after a bite incident will be physically separated from all other animals. Because most turn out to be healthy animals, often with owners, these animals will never be housed with animals under treatment for a communicable disease. Such quarantine area will have a separate ventilation system and will only be accessible to shelter personnel or owners accompanied by shelter personnel. 3) Animals diagnosed and/or under treatment for a communicable disease will be physically separated from healthy animals to minimize dissemination of disease. Such area will have a separate ventilation system. 4) Cats will be housed in a separate building if at all possible, or at the very least in a separate room that is as far-removed as possible from any room containing dog runs. 6. OTHER CARE CONSIDERATIONS A. Sheltered animals must always be handled safely and humanely to prevent injury, distress, and spread of disease to both to the animal and personnel. Adequate animal handling equipment such as transfer cages, nets, catch poles, etc. must be available and kept clean and in good repair to ensure the safety of staff and animals. Staff will be trained in current humane and sanitary animal handling techniques. B. Cats will be provided with clean bedding in each cage. Bedding will be replaced when soiled or wet, and also for each new animal introduced to the enclosure. C. Bedding or platforms will be provided to dogs on an as-needed basis. Bedding will be replaced when soiled or wet, and also for each new animal introduced to the enclosure. Only single layer bedding will be used for puppies and kittens, to prevent accidental suffocation. D. Nursing dams will be provided with a whelping box if possible. If a shelter is unable to provide one, it will be noted that as long as nursing dams have adequate bedding, warmth, and cleanliness, they seem to do fine. If the cost of a whelping box is prohibitive, it is fairly simple to fashion one out of the bottom of a very large travel kennel or one can be built. Bedding will be provided in the whelping box and replaced when soiled or wet. 7  The whelping box will be large enough for the dam to stretch out and nurse her offspring. Attempts will always be made to keep nursing mothers and their babies as removed from other animals as possible, to allow them privacy, to protect them from unwanted intrusion and noise, to alleviate fear/aggression, and to promote their general well-being. E. Animals will be cleaned on an as-needed basis, while keeping in mind that medical issues need to be treated, especially when an animal has a matted coat that can cause pain, skin or eye irritation, or trap fecal matter. Bathing may be necessary to prevent or treat parasites/insects. Basic grooming also ensures that claws are not so long as to hinder movement or cause pain to the animal. An animal that needs help in this regard will not be made to wait until the shelter determines the dog to be its "property," as no animal will be allowed to suffer while in the care of the shelter. F. Care must be taken to ensure that animals are not intentionally squirted or hosed with water, not put in contact with chemicals. 7. DISEASE CONTROL/ HEALTH/ VETERINARY CARE STANDARDS A. No animal will ever be allowed to suffer due to lack of veterinary care. B. Animals will be examined at the time of impound for injury and signs of disease - and treated immediately if in pain or distress. If shelter personnel are unsure or in doubt, they must contact a supervisor immediately or call someone qualified to assist. If sick/injured animals cannot be provided veterinary care in a manner timely enough to stop their pain and suffering, they must be humanely euthanized at once. C. Have a trained and experienced staff member to check animals and to provide care. Instruct every staff member to note and record all symptoms of possible illness and to bring them to a supervisor's attention at once. D. Animals will be observed daily for signs of disease or distress. An animal suspected of having an infectious disease will be physically separated from other susceptible animals until the condition is determined to be non- infectious. E. Animals with obvious signs of serious disease, injury, or distress that cannot be addressed, as well as aggressive animals, will be humanely destroyed. It may be necessary to euthanize an animal for humane reasons even if the holding time requirements have not been met, as it is unacceptable to allow an animal to suffer while in the shelter's care. G. Dogs and cats will be dipped or sprayed for fleas and ticks as necessary, according to the season. 8. VACCINATIONS 8  A. It is strongly recommended that dogs be vaccinated upon initial impound at animal shelters, if they will be confined at the shelter for re-claim or adoption. A veterinarian or trained staff member will administer the following vaccine: 1) Dogs: a) Canine Distemper-Adenovirus Type 2-Parainfluenza-Parvovirus Vaccine (modified live virus) PLUS 5 B. All animals will be considered unvaccinated unless a documented medical record exists. Special consideration will be given to animals with medical conditions, pregnant animals, and animals less than 4 weeks old. C. Rabies vaccinations will be given by the adopter’s veterinarian, according to local municipal or county ordinance. D. Rabies vaccinations must be administered pursuant to applicable City Ordinance and New Mexico state law: NMSA 1978 § 77-1-3 Vaccination of dogs and cats required. Any person who owns or keeps a dog or cat over the age of three months in this state shall have the dog or cat vaccinated against rabies as prescribed by regulation of the health and environment department [department of health]. All antirabies vaccine shall be administered by or under the supervision of a licensed veterinarian who shall issue a serially numbered certificate and tag for each such administration. See also NEW MEXICO ADMINISTRATIVE CODE, Title 7 (Health), Chapter 4 (Disease Control [Epidemiology]), Part 2 (Animal Control Requirements). 9. RECORD KEEPING STANDARDS A. Records will be kept for each animal impounded, for each that is accepted as an owner-surrender, and for each that is otherwise acquired. B. Records will include the date acquired, manner of acquisition (animal control officer, public intake, owner surrender, etc.), description and identifying characteristics including species, breed, color, age, and sex, any background information (including tag and/or microchip information), reason for impoundment or relinquishment, veterinary care, disposition of the animal, date of redemption, adoption, transfer of ownership, or euthanasia, and the name address and telephone number of the receiving person or entity. 9  C. Collars, tags, or other potentially identifiable "gear" will be kept on the animal or in the animal's file during the impound time. D. Each animal will be identifiable by use of cage/run cards and/or identifying collars. E. Ideally, two photographs will be taken of each animal and maintained with its records, to aid in identifying an animal and to minimize the possibility of a euthanasia mistake. F. Shelters will maintain records for a minimum of two years from the date of an animal's final disposition. 10. COMMUNITY ACCESS AND SERVICE STANDARDS A. Shelters will be accessible to residents seeking to reclaim their animal or adopt an animal. Hours open to the public will be clearly marked on the facility. The facility's telephone and address will be listed in local telephone directories and or the City of Roswell wed site. It is recommended that shelters be open to the public at least one weekend day, and at least two days until at least 6:00 p.m. (or have both Saturday and Sunday hours). B. When an animal has visible identification upon impound or a microchip, shelter personnel will make every attempt to contact the owner. C. Every animal will be scanned for a microchip upon impound. The animal will be scanned again prior to final disposition. D. Sec. 4-62 – Unclaimed animals. Any dog or cat impounded by the city which is not redeemed or adopted within seven days following the date of its impoundment shall be disposed of in any humane manner as shall be prescribed by the American Veterinary Medical Association. The city manager or the manager's designee shall have the discretion to retain any animal beyond the seven days for such period of time that the city manager or designee deems reasonable, but not to exceed 21 days. An organization dedicated to the rescue and placement of unwanted or unclaimed animals which has entered into a written agreement with the city as set forth below, may make a written request to the city animal control facility within said seven-day period for an additional two days to adopt a certain animal in the event that said animal is not claimed or adopted within the seven-day period. The city will review each request on a case by case basis. If the request is approved by city animal control, then that organization will have an additional two days to adopt said animal following the expiration of the seven-day period. 10  In order for such an organization to enter into a written agreement with the city, that organization must first provide the city with a list of its shelters or other facilities and the location of such shelters or facilities, documentation of the not for profit status of the organization, and the names, addresses and contact information of individuals authorized to act on its behalf, including foster agents, transporters and partners. The agreement may also require the organization to permit the inspection of its facilities and those of its foster agents and partners if located in the City of Roswell and to the extent authorized in Chaves County, and to provide for the indemnification of the city from any claims or actions resulting from the adoption of said animal, as well as such other provisions that provide for the protection of the city and the public. If such an organization, having previously requested additional time to adopt under the provisions of this section, fails on more than one occasion to adopt an animal within the expiration of the additional two- day period, then such organization may thereafter be ineligible to request the aforesaid additional time period for adoption of animals in accordance with regulations or guidelines adopted by the city manager. (Code 1984 § 5-107; Ord. No. 05-12, 03-2006; Ord. No. 14-09, § 1, 12- 11-2014; Ord. No. 15-21, § 1, 1-14-2016) 11. SHELTER PERSONNEL STANDARDS A. All shelter employees will be trained in all aspects of their responsibilities, according to Animal Control Standard Operating Procedures, City of Roswell Rules and Regulations and City Ordinances. B. Shelter personnel will be provided with a comprehensive standard operating procedures (SOP) manual. The SOP manual will outline all shelter policies and procedures, as well as duties for each position. C. Shelter personnel shall adhere to New Mexico's anti-cruelty law at all times: NMSA 1978 § 30-18 -1 through 30-18-15 et seq. § 30-18-1. Cruelty to animals; extreme cruelty to animals; penalties; exceptions. A. As used in this section, "animal" does not include insects or reptiles. B. Cruelty to animals consists of a person: (1) negligently mistreating, injuring, killing without lawful justification or tormenting an animal; or 11  (2) abandoning or failing to provide necessary sustenance to an animal under that person's custody or control. C. As used in Subsection B of this section, "lawful justification" means: (1) humanely destroying a sick or injured animal; or (2) protecting a person or animal from death or injury due to an attack by another animal. D. Whoever commits cruelty to animals is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. Upon a fourth or subsequent conviction for committing cruelty to animals, the offender is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. E. Extreme cruelty to animals consists of a person: (1) intentionally or maliciously torturing, mutilating, injuring or poisoning an animal; or (2) maliciously killing an animal. F. Whoever commits extreme cruelty to animals is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. See also: 30-18-1.1 Seizure of animals; notice. 30-18-1.2 Disposition of seized animals. 30-18-1.3 Costs. 30-18-2, 30-18-2.1 Repealed. 30-18-3 Unlawful branding. 30-18-4 Unlawful disposition of animal. 30-18-5 Illegal confinement of animals. 30-18-6 Transporting stolen livestock. 30-18-7 Misrepresentation of pedigree. 30-18-8 Killing unbranded cattle; killing, without bill of sale, cattle bearing brand of another person; penalty. 30-18-9 Dog fighting and cockfighting; penalty. 30-18-10 Exclusion. 30-18-11 Unlawful tripping of an equine; exception. 30-18-12 Injury to livestock. 30-18-13 Injury to a police dog, police horse or fire dog; harassment of a police dog, police horse or fire dog. 30-18-14 Livestock crimes; livestock inspectors to enforce. 30-18-15 Intracardiac injection prohibited on conscious animal. C. Protective gear and appropriate animal handling equipment will be readily available to employees. D. Shelter personnel will wash their hands frequently in order to protect themselves and the animals. Hand sanitizers, first aid kits, and eyewash stations will be made available to all employees, volunteers, and visitors. 12 12. ADOPTION STANDARDS A. Shelter will establish adoption fees, and on occasion may officer with City Council approval low cost or no cost adoptions. B. Shelter will develop criteria for potential adopters and for unsuitable adopters. Adopters will sign a contract under which they agree to provide a specified level of care according to the City Ordinance. C. Adoption screening program will include discussion of whether animal and potential adopter are suitable for each other. D. Shelter must comply with New Mexico state law NMSA 1978 § 77-1-20§ 77-1-20. Sterilization agreement and sterilization deposit required A. No animal shall be released from an animal shelter to an adopting person unless a sterilization agreement has been signed and a sterilization deposit has been paid, as provided in Subsections C and D of this section. B. In addition to any adoption fee charged, a sterilization deposit of at least twenty-five dollars ($25.00) shall be imposed on the adoption of each animal from an animal shelter. C. Animals less than six months of age shall be released only upon payment of the adoption fee and a sterilization deposit and after the adopting person has signed an agreement stating he will have the adopted animal sterilized when it is no older than six months of age. D. Adult animals over the age of six months shall be released only upon payment of the adoption fee and a sterilization deposit and after the adopting person has signed an agreement stating he will have the animal sterilized within thirty days of the date of adoption. E. The sterilization deposit shall be reimbursed only upon presentation of a receipt from a veterinarian that the adopted animal has been sterilized. F. An unsterilized animal reclaimed by its owner shall be released without being sterilized upon payment of the twenty-five dollars ($25.00) for the sterilization deposit and impoundment fees imposed by the shelter, and the owner shall sign an agreement stating he will sterilize the animal within thirty days after release or will obtain a breeder permit or its equivalent. The sterilization deposit shall be reimbursed upon presentation by the owner of a receipt from a veterinarian that the animal has been sterilized. 13 F. Policies will be developed and every care will be taken not to adopt, transfer, or release intact animals in accordance to 77-1-20 NMSA 1978. G. Shelter will work on a program to microchip all adopted animals. H. Reasonable care will be taken to adopt or transfer only those animals free of disease and treatable injury. I. Shelter will make a reasonable effort to allow recognized 501c Rescue Organizations and responsible sanctuaries to adopt non-claimed animals. 14  Contract for Emergency Ambulance Services pursuant to RFP # 16-007 This Contract is entered into by and between City of Roswell hereafter referred to as the City and Superior Ambulance Service, Inc. Hereinafter referred to as the Provider. The parties hereto determine that the Provider has the expertise to provide the services stipulated under Article 1, Services to be provided and incorporated Attachments, Attachment A Scope of Work, and Attachment B HIPM Business Associate Agreement. This agreement shall run concurrent with the Ambulance Housing Agreement. Therefore, the parties do agree as follows: ARTICLE 1. SERVICES TO BE PROVIDED: As a condition of the funding described in Article 4, below, the provider agrees that it will implement, in all respects, the activities outlined in the SCOPE OF WORK, attached hereto as Attachment A. The Provider agrees to make no decrease in these services described in this Contract and all incorporated Attachments without first submitting a written request to the City and obtaining the City's prior written approval of the proposed change. In addition, the Provider shall: 1. REQUIRED MEETINGS: Attend quarterly Ambulance Administrative Oversight Committee (AAOC) meetings as scheduled by the city. In order to facilitate collaboration among programs, attendance at quarterly AAOC meetings is mandatory. Participate in the Chaves County EMS Association (CCEMSA) board meetings, training and medical direction as stated in RFP16-007. 2. RECORDS RETENTION: Maintain records of the clients served, as specified by the City, including information about whether the clients are insured or uninsured and their County residency status, gender, age, community location, average age. Such records will be kept by the Provider and will be held available for review by City. When applicable, confidentiality laws and HIPM compliance regulations shall take precedence over this requirement. 3. HIPAA COMPLIANCE: The Provider agrees to comply with the provision of the Health Insurance Portability and Accountability Act of 1996, related regulations, as amended (HIPM) in the event the Provider receives patient records or information (Protected Health Information as defined by HIPM). In particular, the Provider agrees to comply with the provisions set forth in Attachment B regarding such Protected Health Information. The Provider=s obligations under this sub-part shall survive the expiration or termination of this Contract regardless of the reason for such termination. 4. QUARTERLY ACTIVITY REPORTS: Submit quarterly activity reports, including demographic data, and an annual report, to City at the AAOC meetings. Unless approved otherwise in writing, all required reports will comply with the City's formats and requirements. 5. MONITORING: The Provider will also allow the City staff to observe Providers activities, interview the population served, allow records evaluation and will provide requested information 1  through the annual audit period for the City of Roswell (generally up to four months into the following City Fiscal Year). 6. COMPLIANCE: The Provider agrees to comply with all applicable Federal and State Laws, Regulations and Orders. The Provider shall also be bound to observe all ordinances, rules and regulations currently in effect or to become effective in the future to the extent that they do not conflict with the autonomy of the Provider as expressed in this Contract. 7. REVIEW OF LICENSURE: The Provider shall provide the City with a list of all licensed EMS personnel employed by them and their licensure level on April1st of each year. All Licenses and certifications shall be current with the NM EMS Bureau. 8. REPRESENTATIONS CONTAINED IN RESPONSE TO RFP #16-007: The Provider's representations contained in its Response to RFP #16-007 shall constitute a part of this Agreement, in particular the acquisition and provision of new ambulance. ARTICLE 2. PERIOD OF PERFORMANCE: The period of performance of this Contract shall be from July 1, 2018 through June 30, 2019, with an option to extend for an additional term from July 1, 2019 through June 30, 2020. Such option may be exercised upon the mutual written agreement of both parties. ARTICLE 3. PLACE OF PERFORMANCE: The Provider shall perform the required services in the City of Roswell and Chaves County, or any other location(s) approved by the City. ARTICLE 4. COST AND PAYMENT: The total amount of the Contract for the period of performance specified above shall not exceed the amount specified below and annually funded by the City for the term covered by this Contract. Payment to the Provider shall be made in the course of the Contract period of performance in: Twelve (12) Equal Monthly Installments of$ 12,500.00 payable on the first day of each month for services rendered in the preceding month. Contract Total Amount: $ 150,000.00 ARTICLE 5. NOTICE: Any notices made pursuant to this Contract shall be sent to: FOR THE CITY: FOR THE PROVIDER: City Manager Chris Archuleta P.O. Drawer 1838 CEO / Executive Director Roswell, New Mexico 88202-1838 P.O. Box 6482 575-624-6700 Albuquerque, New Mexico 87197 505-247-8840 -and- Fire Chief P.O. Drawer 1838 Roswell, NM 88202-1838 2 ARTICLE 6. ASSIGNMENT OF CLAIMS: The Provider shall not assign nor delegate any interest in this Contract, or transfer any interest or money due or to become due under this Contract, without the written consent of the City. ARTICLE 7. HOLD HARMLESS: The Provider shall hold harmless, indemnify and defend the City and its public employees as defined in the New Mexico Tort Claims Act, Sections 41-4- 1 to 41- 4-29, NMSA 1978, as amended, against and from any and all claims, losses, demands, judgments, damages, liabilities, lawsuits, expenses, fees of attorneys, costs, and/or actions of any kind and nature whether from death, bodily injury or damage to property resulting from or related to the Provider=s negligence or intentional acts, errors or omissions in the Provider=s performance under this Contract. The Provider=s agreement to hold harmless, indemnify and defend shall not be affected nor terminated by the cancellation, expiration of the term or any renewal or any other modification of the Contract for any reason and shall survive the cancellation, expiration of the term or any renewal or any other modification of the Contract, for negligence, errors or omissions to act occurring during the term of this Contract. The City shall in like manner hold harmless the Provider and its employees for acts or omissions of the City or its employee, officers or agents. ARTICLE 8. INSURANCE: For the duration of the Contract and until all work specified in the Contract is completed the Provider shall maintain in effect all insurance as required below and comply with all limits, terms and conditions stipulated herein. Evidence of such insurance shall consist of a completed copy of the certificate of insurance, signed by the insurance agent for the Provider and returned to the City, with this signed Contract. If, for any reason, any material change occurs in the coverage during the course of the Contract such change will not become effective until thirty (30) days after the City has received written notice of such change. 1. The policy (policies) shall be written and the certificate(s), returned with this Contract, shall reflect that: a. All insurance required is in effect. b. The City is an additional insured on the Providers general liability policy, if required, with respect to activities under the Contract. c. The insurance afforded applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company’s liability. d. The insurance afforded therein shall be primary insurance and any insurance or self- insurance of the City shall be excess and not contributory insurance. 2. Provider shall obtain insurance of the types described below from an insurer with an A.M. Bests rating of not less than A-VII. Provider must return any required insurance documents, with limits stated below, with this signed Contract in order to place it into effect. (See Attachment A for specific insurance required of this Contract) 3. Provider shall maintain the insurance limits specified in Attachment A. 3 ARTICLE 9. TERMINATION OF CONTRACT: Based on satisfactory performance of the Provider, this Contract can be extended for one (1) one-year period. The Provider may refuse to agree to extend this Contract based on demonstrated financial inability to continue to provide the services. In this event, the Provider shall give the City six (6) months notice in advance of the end of the existing contract period and shall provide documentation of financial inability. In the event of Contract termination, the Provider shall be reimbursed for completed work that is approved by the City. In no event shall the dollar amount exceed the amount of the Contract. The City is responsible for payment to Provider for any and all services actually rendered by Provider to City under this Contract. ARTICLE 10. NO AUTHORITY TO BIND CITY: The Provider agrees not to purport to bind the City to any obligation not assumed herein by the City, unless the Provider has express written authority from the City Manager to do so, and then only within the limits of the expressed written authority . ARTICLE 11. CONFLICT OF INTEREST: The Provider warrants that it presently has no interest, and shall not acquire any interest during the term of this Contract, which would have the potential to conflict with the performance of the services required under this Contract. In the event such a conflict arises, it shall be brought to the attention of the City and appropriate action acceptable to the City shall be taken. The Providers failure to inform the City of the existence of a potential conflict of interest constitutes default and shall be grounds for immediate termination of Contract by the City. ARTICLE 12. INDEPENDENT CONTRACTOR: Nothing in this Contract is intended, or should be construed in any way, to create or establish a partnership relationship between the parties or to establish the Provider as an agent, representative or employee of the City for any purpose or any manner whatsoever. The Provider and its employees shall not accrue leave, retirement, insurance, or any other benefits afforded to employees of the City. Providers employees, servants, agents, or representatives are not and shall not be deemed employees of the City and shall not bind the City in any respect. ARTICLE 13. PROCUREMENT CODE: The Procurement Code, Sections 13-1-25 through 13- 1-199, NMSA 1978, imposes civil and criminal penalties for its violation. In addition, New Mexico Criminal Statutes impose felony penalties for illegal bribes, gratuities and kickbacks. ARTICLE 14. AMENDMENTS: This Contract shall not be altered, changed or amended except by written instrument signed by both parties. ARTICLE 15. SOVEREIGN IMMUNITY: By entering into this Contract, the City and its public employees as defined in the New Mexico Tort Claims Act do not waive sovereign immunity, any defense, or any limitations of liability pursuant to law. No provision in this Contract modifies or waives any provision of the New Mexico Tort Claims Act. ARTICLE 16. WAIVER: Any waiver of any breach of any covenant, term, condition or agreement in this Contract to be kept and performed by the Provider shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent City from declaring a default for any succeeding breach either of the same covenant, term, condition 4  or agreement or another. All remedies afforded in this Contract shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein or by law. ARTICLE 17. MERGER OR PRIOR AGREEMENTS: This Contract incorporates all the conditions, agreements and understanding of the parties concerning the subject matter of this Agreement. All such conditions, understandings and agreements have been merged into this written Contract. No prior condition, agreement or understanding, verbal or otherwise, shall be valid or enforceable unless embodied in this Contract. ARTICLE 18. PARAGRAPH HEADINGS: Paragraph headings are for convenience and reference and are not intended to limit the scope of any provision of this Contract. ARTICLE 19. THIRD PARTY BENEFICIARY: It is agreed between the parties executing this Agreement that it is not intended by any of the provisions of the Agreement to create on behalf of the public or any member thereof the status of third party beneficiary or to authorize anyone not a party to the Agreement to maintain a suit based upon this Contract. ARTICLE 20. GOVERNING LAW: This Contract shall be construed in agreement with the laws of the State of New Mexico. The Provider shall also comply with all applicable federal and local laws, ordinances, and the rules and regulations of the County. ARTICLE 21. BINDING EFFECT OF AGREEMENT: Both parties agree that the terms of this Contract and any extension or renewal thereof shall extend to and be binding upon the administrators, assigns, and successors to the Contracting parties. ARTICLE 22. SEVERABILITY: If any clause or provision of the Contract is held to be illegal, invalid or unenforceable, then it is the intention of the parties hereto that the remainder of the Contract shall remain in full force and effect. However, in the event that either party can no longer reasonably perform pursuant to the remaining Contract terms, or if either party can no longer carry out the purpose of the Contract, the Contract is void and no damages shall accrue to either party. ARTICLE 23. FORUM AND VENUE: Any suit brought by either party regarding this agreement or default or breach thereof shall be filed in the State of New Mexico Fifth Judicial District Court for Chaves County. ARTICLE 24. NON-APPROPRIATION: The City's obligation to make payment under the terms of this Contract is contingent upon its appropriation of sufficient funds to make those payments. If the City does not appropriate funds for the continuation of this Contract, this Contract will terminate upon written notice of that effect to the Provider. The City's determination that sufficient funds have not been appropriated is firm, binding and not subject to review. ARTICLE 25. SUBCONTRACTING: The Contract is based on the personal skills and reliability of the Provider. The Provider shall not subcontract any portion of the services to be performed under this Contract without prior written approval of the City. Notices of any intent to subcontract must be delivered to the City name/address noted in Article 5, and written approval by the City shall be obtained, prior to entering into any subcontracted agreement. ARTICLE 26. NOTICE TO PROCEED: It is expressly understood that this Contract is not binding upon the City until approved and signed by the City and, further, that the Provider is 5  not to proceed with its obligations under the Contract until the Provider has received a fully signed copy of the Contract. ARTICLE 27. DUPLICATE ORIGINALS: This document shall be executed in no less than two (2) counterparts, each of which shall be deemed an original. ARTICLE 28. COMPLIANCE WITH GOVERNING LAW: This Contract shall be construed in agreement with the Laws of the State of New Mexico. The Provider shall keep fully informed of and shall also comply with all applicable federal, state, and local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed or the work, or which in any way affect the conduct of the work. By way of illustration, but not of limitation, the Provider shall comply with laws relating to employment eligibility including: the Immigration Reform and Control Act of 1986 and the Immigration Act of 1990 regarding employment verification and retention of verification forms for any individual(s) hired on or after November 6, 1986, that will perform any labor or services under this Contract. The Provider shall comply with all federal statues relating to non-discrimination including, but not limited to: Title VII of the Civil Rights Act of 1964 (Public Law 88-352), which prohibits discrimination on the basis of race, color, or national origin; Title IX of the Education Amendments of 1972, as amended [20 U.S.C.A. Section 504 of the Rehabilitation Act of 1973 (Public Law 93- 112)], which prohibits discrimination on the basis of handicaps; the Age Discrimination in Employment Act; the Americans with Disabilities Act of 1990 (Public Law 101-336); and all amendments to each, and all requirements imposed by the regulations issued pursuant to these acts, especially 45 CFR Part 80 (relating to race, color, and national origin), 45 CFR Part 84 (relating to handicap), 45 CFR Part 86 (relating to sex), and 45 CFR Part 91 (relating to age). ARTICLE 29. CUSTOMER SERVICE STANDARDS: Provider agrees to establish and maintain Customer Service Standards that assure equal treatment, with dignity and respect, of all customers and/or patients. Provider shall make available to City its Customer Service Standards and Customer Inquiry Process. Effective Date: July 1, 2018 CITY OF ROSWELL By: By: Joseph W. Neeb, City Manager Chris Archuleta, CEO / Executive Director Date: Date: 6  ATTACHMENT A AMBULANCE SERVICES, Inc. SCOPE OF SERVICES INSURANCE REQUIREMENTS FOR THIS PROVIDER, AS REFERENCED BY THE CONTRACT, ARTICLE 8, INCLUDE: 1. Automobile Liability. Automobile Liability insurance, covering Providers owned, non- owned, hired and leased vehicles with limits not less than $2,000,000 per occurrence, and a $5,000,000 aggregate limit. 2. Commercial General Liability. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or similar and shall cover liability arising from products and completed operations, premises, Contractual liability, personal injury, and advertising injury covering bodily injury and property damage, with a limit of not less than $2,000,000 for each occurrence and a $5,000,000 aggregate limit. 3. Professional Liability. Provider shall maintain Professional Liability Insurance covering bodily injury, with a limit of not less than $2,000,000 per occurrence and $5,000,000 in the aggregate. 4. Workers Compensation. Provider shall carry Workers Compensation insurance to cover obligations imposed by federal and state statutes; and Employers Liability insurance with a limit of not less than $1,000,000. 5. Certificates of Insurance. Upon request, Provider shall furnish the City with certificate(s) of Insurance issued by Provider=s insurer as evidence that the coverage is; 5.1. Placed with reasonably acceptable insurers; 5.2. Detailed on the Certificates as specified in this Contract; and 5.3. Is in full force and effect on the commencement date of Services. Provider shall also furnish updated certificates as policies are renewed. 6. Additional Insured. The insurance coverage required hereunder, except Worker=s Compensation, shall name the City, its agents, employees, and officers, as an Additional Insured. 7. Notice of Cancellation. Provider shall immediately notify the City, in writing, of Provider’s cancellation of its insurance coverage. 8. Supplemental Insurance. During the term of this Contract, City, in its reasonable discretion, may require Provider to obtain additional coverage or increase the amount of any insurance Provider carries to the extent the coverage is reasonably and commercially available to Provider (Supplemental Coverage). In such event, City shall pay to Provider the extra cost of the Supplemental Coverage. Such appropriation and payment of funds shall be a condition precedent to Provider’s duty to obtain such Supplemental Coverage. 9. Market Fluctuations. The City acknowledges that, from time to time, insurance market fluctuations may increase the premiums Provider must pay in order to secure the coverage required under this Contract. In the event that the premiums increase during the term of the Contract, the City agrees to consider in good faith the Providers request for an equitable adjustment in Provider rates to cover the increased cost. INCORPORATED AS ITS SCOPE OF WORK, PROVIDER SHALL: 10. GENERAL AGREEMENTS: Provider shall ▪ Provide for effective and efficient medical transport and related services for the residents of City of Roswell and Chaves County. 7  ▪ Comply with stipulations and agreements embodied in RFP # 16-007, Superior Ambulance Service, Inc. proposal to RFP # 16-007 and which are incorporated by reference in their entirety and made part of this Contract.  Provide emergency and non-emergency ambulatory medical transport services and related EMS care within the specified area, and shall coordinate the provision of services with other medical and emergency providers within the City and County.  Notify the City six (6) months in advance of the end of the existing Contract period of its intent to exercise its right to refuse to continue the Contract and provide documentation of financial inability.  Staff all ambulance service vehicles that respond to 911emergencies with one (1) EMT-Paramedic and one (1) EMT-Basic per ambulance at minimum.  Compile, maintain, and make available for inspection and audit upon request by the City or any agency of the State of New Mexico, all records relating to the services to be provided under this Contract for a period of six (6) years.  Ensure that ambulances that respond to emergency calls meet the minimal requirements of the latest edition of the Department of Transportation's KKK specifications.  Ensure that ambulances are not used for personal errands or any other non- business function(s) when it could hinder patient care.  Be the sole operator of the ambulance service denoted in this Contract, and ambulance operations including ambulance maintenance and patient transport. It shall provide the necessary staffing, life support systems, mobile communications and dispatch alerting equipment as necessary for the proper functioning of the ambulance service.  Be exclusively entitled to bill the users of the ambulance service for all services rendered, and is entitled to retain all proceeds from the billings. Prior to requesting additional subsidy from the City, the Provider agrees to pursue collection of its accounts receivable attributable to the ambulance services to the same extent as its general accounts receivable from other revenue sources. ▪ Under normal circumstances, persons needing transport shall be taken to the closest emergency department or designated specialty care unit located within a hospital that is most appropriately equipped and staffed to treat the patient's specific medical condition or injury. Provider will consider patient requests to be transported to other medical facilities for emergency or non-emergency treatment, if the request and the circumstances are such that the patient's choice is medically reasonable. Non-emergency transportation by ambulance is also dependent upon the availability of appropriate personnel, vehicles, and medical necessity.  Be strictly accountable for all receipts and disbursements as the administrator under this Contract. The medical accounting records relating to operation of the ambulance service shall be made available to the City for inspection at the end of Provider's fiscal year. 11. ANNUAL REVIEW: A formal annual review will be conducted in which the Provider and City will discuss performance, challenges, successes and any other items deemed relevant to Providers timely and professional delivery of emergency transport services to the residents. 8 12. PERFORMANCE BOND: Provider shall post a performance security bond in the amount of Three Hundred Thousand Dollars ($300,000) issued by a reputable company approved by the City consistent with State Law. 12.1. Provider must provide a continuation certificate at least ninety (90) days prior to the expiration of any performance security bond previously submitted. 12.2. The performance security bond shall be called by the City, and the full amount of the proceeds of the bond shall be payable to the City, in the event of a material breach of this Contract by the Provider. 12.3. In the event of a material default whereby the Provider has been provided written notice of such default and can neither cure such default in a reasonable period of time nor raise any Contractual, legal or equitable defenses to such default, then at the option of the City, the City shall have the right to take possession of the facilities, vehicles, personnel Contracts, and other assets of the Provider which are located and assigned to its operations in City of Roswell under this Contract, and to credit the fair market value of such seized assets against the bond proceeds claimed by the City. 12.4. Any dispute regarding the fair market value of such assets shall be resolved through arbitration, as provided in Article 24 of this Contract. 13. COMPLIANCE WITH LAWS AND REGULATIONS: Provider shall: 13.1. Comply with State and Federal laws, including Medicare and Medicaid Laws and Regulations. The parties expressly agree that nothing contained in this Contract shall require either party to knowingly or intentionally conduct itself in a manner as to violate the prohibition against fraud and abuse in connection with the Medicare and Medicaid programs (42 U.S.C. Section 1320a-7b), as amended 13.2. In addition to compliance standards detailed in the Contract, compliance with all laws, regulations, and policies of the State of New Mexico and of the City in the performance of its duties under this Contract, including the standards of the National Incident Management System. The City may require the Provider=s personnel to participate in training activities related to the performance of the Provider=s obligations under this Contract , including but not limited to training addressing compliance as required under this scope of work. 13.3. Obtain the written approval of the City prior to entering into any Mutual Assistance Agreement. 14. RECORDS MAINTENANCE AND RETENTION: Provider shall maintain, retain and make available to the City and/or its designees, upon request, records of the following for a period of six (6) years from date of service. 14.1. All patient/clients served, including, whenever available, information about whether or not the patient/clients are insured or uninsured and their City residency status, gender, age, ethnicity, and residency location within the service area. 14.2. Billing and medical records for all Indigent eligible patients. 15. EMPLOYEE WAGE AND BENEFIT SCALE: Provider shall maintain employee wage and benefit scales and related information contained in the RFP as a minimum Contractual commitment. 16. 911 RESPONSE REQUIREMENT: As part of the subsidy agreement, the Provider agrees to provide (4) 911 ALS Ambulances 24 hours a day, seven days a week for the duration of the contract period. (No Exceptions) At any time the provider utilizes a 911 ALS Ambulance to provide a non-emergency or inter-facility transfer, a fine of $1000.00 will be assessed to the 9  provider. This is to include any response that Pecos Valley Regional Communications Center is not notified of. Fine assessments shall be imposed by the Fire Chief upon determination that a violation of this paragraph has occurred, subject to the Provider’s right of protest as set forth below. 17. RESPONSE TIME ZONES, PENALTIES AND EXEMPTIONS: a) Response times: The average monthly response times for all calls shall not exceed 6 minutes, for a minimum of 90% of the calls. The provider shall provide a monthly report to the Roswell Fire Department EMS Division Chief, no later than the 20th of each month. This report shall have a list of calls and response times, along with an average of response times for each unit. Any exemptions used should be indicated on each individual call, along with any investigation done, and action taken. The following are the acceptable exemptions: 1) PVRCC error in which wrong address is given, and it requires a change of location. 2) Response downgraded from emergent to non-emergent. 3) Responses out of district (investigation by provider as to why unit is responding out of district is required). 4) Systems overload 5) Hospital delay in turning over patient care. Provider will only get credit if it is a hospital issue, not crews staying at the hospital for extended periods after call is complete. 6) Severe weather 7) SWAT, Police or Fire stand-by. 8) MCI’s, Declared Disasters. b) Penalties: A maximum fine of $1000 per month for any non-compliant month, which means provider must respond to 90% of all calls in under 6 minutes after aforementioned exemptions. Provider will provide response data by the 20th of the month for the previous month, to the Roswell Fire Department EMS Division Chief. c) Corrective Action Plan: 10  Corrective action plan shall be initiated if provider is non-compliant with response times for 2 months out of any 4 month period. A Corrective Action Plan will last for 3 months, each of those months a fine will occur with or without compliance. After the 3 month CAP fines will only be imposed if the provider is non-compliant. If the provider continues to be non- compliant during the CAP, and non-compliance continues for a 6 month period, depending on the cause, the fines may increase monthly. This shall be determined after a meeting with provider, Fire Chief, Public Safety Director, and City Manager. Fines shall never exceed 50% of the monthly financial subsidy paid to the provider by the City of Roswell. d) If provider fails to provide a complete report, with all above requirements by the 20th of the month, for the previous months calls. An immediate fine of $100 is due by the first day of the following month. e)Compliance Meetings: The parties shall hold a monthly Compliance Meeting at ______ on the _________ day of each month, unless otherwise agreed by the parties. The purpose of the Compliance Meetings shall be to advise Provider and the City as to the status of compliance for the previous month. Provider shall be made aware of any failure to meet compliance standards at the Compliance Meeting. The City shall also provide written notice of any non-compliance on or before the Compliance Meeting. Provider will have 7 days from the date of the Compliance Meeting to lodge any written protest regarding a determination of non- compliance. Provider shall have the burden of proof with regard to any dispute regarding a determination of non-compliance. All protests shall be evaluated and final determination shall be made by City Manager or designee within 30 days of receipt of a protest. The City Manager shall communicate its determination to Provider and the Fire Chief within 7 days of such determination. Provider shall have no more than 30 days from the date of the Compliance Meeting or the City Manager’s determination, as applicable, to remit any penalty payment due. Relief to the above time frames may be granted by the City Manager on a “case by case” basis and in response to a written request by Provider. 18. OTHER PENALTIES: Provider shall also be liable for penalties of $100.00 per day for its failure to comply with any other provision or obligation under this Agreement; provided, however, that Provider shall first be made aware of any failure to comply by written notice and shall then have thirty (30) days from the date of the written notice to cure the non- compliance. If Provider disagrees in good faith, the parties will resolve the dispute utilizing the procedures under Attachment C. 19. PROBLEM RESOLUTION: All problems and issues between City and Provider, with reference to contractual requirements or operational concerns, shall be handled promptly utilizing the Problem Resolution Procedure, Attachment C. 20. SCENE MANAGEMENT: All incident scenes shall be managed by the Roswell Fire Department using the National Incident Management Structure (NIMS). 11 12  ATTACHMENT B HIPAA BUSINESS ASSOCIATE AGREEMENT THIS HIPAA Business Associate Agreement, hereinafter referred to as the Agreement, is made and entered into, by and between the City of Roswell, a political subdivision of the State of New Mexico hereinafter referred to as City or Business Associate and Provider, hereinafter referred to as Provider or Covered Entity and is an attachment to a services agreement wherein Provider shall provide services to the City. RECITALS: WHEREAS, the services agreement may require the disclosure by the Covered Entity to Business Associate of certain Protected Health Information (as defined in 45 CFR 164.501 of the HIPAA Privacy Rule); and WHEREAS, Business Associate and the Covered Entity are required to enter into a business associate agreement pursuant to the requirements as set forth in the HIPAA Privacy Rule, Title 45 Code of Federal Regulations (“CFR”), Parts 160 and 164, and WHEREAS, in performing these services, Provider will submit, receive, create or access certain Protected Health Information (PHI) of participants and beneficiaries covered under the services agreement and accordingly is a Business Associate as defined in the Privacy Rule, and WHEREAS, the Provider is a “Covered Entity” within the meaning of the Privacy Rule, and WHEREAS, the parties desire to enter into this agreement to comply with the provisions in the Privacy Rule requiring a Business Associate to provide adequate assurances to a Covered Entity with respect to the confidentiality of PHI. NOW, THEREFORE, in consideration of the premises and tha mutual covenants and agreements set forth herein, the parties agree as follows: 1. DEFINITIONS. Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in the Privacy Rule, 45 CFR, Parts 160 and 164, Subparts A and E. 1.1. “Business Associate” shall mean the City of Roswell, City 1.2. “Covered Entity” shall mean the Provider, Provider. 1.3. Designated Record Set shall have the same meaning as the term designated record set in 45 CFR 154.501. 1.4. “Individual” shall have the same meaning as the term “individual” in 45 CFR 164.501 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(9). 1.5. “Individually identifiable health information” shall have the same meaning as the term “individually identifiable health information” in 45 CFR 160.103. Specifically, “individually identifiable health information” shall mean information that is a subset of health information, including demographic information collected from an individual, and: (1) is 13  created or received by a health care provider, health plan, employer, or health care clearinghouse; and (2) relates to the past, present, or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual; and (i) that identifies the individual, or (ii) with respect to which there is a reasonable basis to believe the information can be used to identify the individual. 1.6. “Privacy Rule” shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR Part 160 and Part 164, Subparts A and E. 1.7. “Protected Health Information” shall have the same meaning as the term “protected health information” in 45 CFR 164.501, limited to the information created or received by Business Associate from or on behalf of Covered Entity. Specifically, “protected heath information” shall mean individually identifiable health information that is: (1) transmitted by electronic media; (2) maintained in electronic media; or (3) transmitted or maintained in any other form or medium. Protected health information excludes individually identifiable health information in: (1) education records covered by the Family Educational Rights and Privacy Act, as amended, 20 U.S.C. ' 1232g; (2) records described at 20 U.S.C. 1232g(a)(4)(B)(iv); and (3) employment records held by a Covered Entity in its role as an employer. 1.8. “Required by law” shall have the same meaning as the term “required by law” in 45 CFR 164.501 . 1.9. “Secretary” shall mean the Secretary of the Department of Health and Human Services or his designee. 2. OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE 2.1. Business Associate shall not use or disclose Protected Health Information other than as permitted or required by this Agreement or as required by law. 2.2. Business Associate shall use appropriate safeguards to prevent the use or disclosure of Protected Health Information, other than as provided in this Agreement. 2.3. Business Associate shall mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of the requirements of this Agreement. 2.4. Business Associate shall report to the Covered Entity any use or disclosure of Protected Health Information not provided for by this Agreement and about which Business Associate becomes aware. 2.5. Business Associate shall ensure that any agent, including a subcontractor, to whom Business Associate provides Protected Health Information received from, or created or received by Business Associate on behalf of the Covered Entity, agrees to the same restrictions and conditions that apply to Business Associate with respect to such Protected Health Information. 14  2.6. Business Associate shall provide access, at the request of the Covered Entity, and in the time and manner to be designated by the Covered Entity, to Protected Health Information in a Designated Record Set (if applicable) to the Covered Entity or, if directed otherwise by the Covered Entity, to an Individual in order to meet the requirements under 45 CFR 164.524. 2.7. Business Associate shall make any amendment(s) to Protected Health Information in a designated Record Set (if applicable) that the Covered Entity directs or agrees to pursuant to 45 CFR 164.526 at the request of the Covered Entity or an Individual, and in the time and manner to be designated by the Covered Entity. 2.8. Business Associate shall make its internal practices, books and records relating to the use and disclosure of Protected Health Information received from or created or received by Business Associate on behalf of the Covered Entity available to the Department of Health and Human Services in accordance with 45 CFR 160.310(c) for the purposes of determining Covered Entity's compliance with the Privacy Rule. 2.9. Business Associate shall document all disclosures of Protected Health Information and information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. 2.10. Business Associate shall provide to the Covered Entity or to an Individual, in the time and manner to be designated by the Covered Entity, information collected in accordance with subparagraph 2.9 in this Section, to permit the Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. 3. PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE. Specific use and disclosure provisions: 3.1. Except as otherwise limited in this Agreement, Business Associate may use Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. 3.2. Except as otherwise limited in this Agreement, Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate, provided that disclosures are required by law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. 3.3. Except as otherwise limited in this Agreement, Business Associate may use Protected Health Information to provide data aggregation services to the Covered Entity as relating to the health care operations of the Covered Entity as permitted by 45 CFR 164.504(e)(2)(i)(B). 3.4. Business Associate may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR 164.502(j)(1). 15 4. OBLIGATIONS OF COVERED ENTITY. Provisions for Covered Entity to inform Business Associate of Privacy Practices and Restrictions: 4.1. Covered Entity shall notify Business Associate of any changes in, or revocation of, permission by an Individual to use or disclose Protected Health Information, to the extent that such changes may affect Business Associate's use or disclosure of Protected Health Information. 4.2. Covered Entity shall notify Business Associate of any limitation(s) in its notice of privacy practices of Covered Entity in accordance with 45 CFR 164.520, to the extent that such limitation may affect Business Associate=s use or disclosure of PHI. 4.3. Covered Entity shall notify Business Associate of any restriction to the use or disclosure of Protected Health Information that Covered Entity has agreed to in accordance with 45 CPR 164.522, to the extent that such restriction may affect Business Associate's use or disclosure of Protected Health Information. 4.4. Covered Entity shall not request Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if done by Covered Entity. 5. TERM AND TERMINATION. 5.1. Term. The Term of this Agreement shall be effective as of the date hereof and shall terminate when all of the Protected Health Information provided by Covered Entity to Business Associate, or created or received by Business Associate on behalf of Covered Entity, is destroyed or returned to the Covered Entity, or, if it is not feasible to return or destroy all Protected Health Information that Business Associate maintains in any form, the protections of this Agreement shall be extended to such Protected Health Information in accordance with the termination provisions in this Article 5. 5.2. Termination for Cause. Upon Covered Entity's knowledge of a material breach by the Business Associate, Covered Entity shall either: (i) provide an opportunity for Business Associate to cure the breach or end the violation and terminate this Agreement and the Agreement if Business Associate does not cure the breach or end the violation within a time that shall be designated by the Covered Entity, or (ii) immediately terminate this Agreement and the Agreement if Business Associate has breached a material term of this Agreement and a cure is not possible; or (iii) if neither termination nor cure are feasible, Covered Entity shall report the violation to the Secretary. 5.3. Effect of Termination. Except as provided in subparagraph 5.3.1, upon termination of this Agreement or the Agreement, for any reason, Business Associate shall return or destroy all Protected Health Information received from the Covered Entity, or created or received by Business Associate on behalf of the Covered Entity. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of the Business Associate. Business Associate shall retain no copies of the Protected Health Information. In the event that Business Associate determines that returning or destroying the Protected Health Information is not feasible, Business Associate shall provide to the Covered Entity notification of the conditions that make return or destruction not feasible. 16  Upon mutual agreement of the parties that return or destruction of Protected Health Information is not feasible, Business Associate shall extend the protections of this Agreement to such Protected Health Information and limit further uses and disclosures to those purposes that make the return or destruction not feasible, for so long as the Business Associate maintains such Protected Health Information. 6. MISCELLANEOUS. Regulatory References. A reference in this Agreement to a section in the Privacy Rule means the section as in effect or as amended. Amendment. The parties agree to take such action as may be necessary to amend this Agreement from time to time to comply with the requirements of the Privacy Rule and HIPAA. Survival. The respective rights and obligations of the Business Associate under Section 5.3 in this Agreement shall survive the termination of this Agreement and the Agreement. Interpretation. Any ambiguity in this Agreement shall be resolved to permit the Covered Entity to comply with the Privacy Rule. IN WITNESS WHEREOF, the parties have caused this Business Associate Agreement to be executed as of Effective Date: July 1, 2018 BUSINESS ASSOCIATE, City of Roswell: COVERED ENTITY, Provider: By: By: Joseph W. Neeb, City Manager Chris Archuleta, CEO / Executive Director City of Roswell, New Mexico Superior Ambulance Inc. 17  ATTACHMENT C PROBLEM RESOLUTION PROCEDURE Objective To provide City and Provider with a means to identify and resolve issues as they arise. To institute a workable procedure for resolving issues which are not resolved on the individual basis. Introduction The majority of issues arising from disagreements in patient management with the ambulance provider can and should be dealt with on an individual basis with those individuals directly involved in the issue. A philosophy of fairness to all parties and thoroughness of investigationof all facts must be applied in all cases. Some issues may not lend themselves to determination between the involved individuals and may require a progressive process involving management for ultimate resolution. The following paragraphs outline the steps for problem clearance. Step I Upon identification of a situation requiring application of this problem clearance procedure, those individuals directly involved should attempt to resolve the issue immediately on a private one-on-one basis. If a resolution is mutually agreed upon, this procedure need not be carried further. Should either party involved in the issue prefer not to attempt resolution, if repeated cases occur, or if at any time the discussion on the matter becomes unproductive, attempts for initial resolution should be halted and Step II of this procedure applied. Step II If initial resolution via a one-on-one basis for whatever reason is not possible, parties involved in the issue should present their concerns in writing with available facts to their agency=s designated representative who can work to resolve the issue. These representatives from each agency should then interview the individuals from their agency directly involved in the issue to determine all facts. This should be done separately within 14 calendar days following written notification of the incident at issue. After the facts are gathered from the person being interviewed, the representatives from each agency should meet in a timely manner and discuss the issue. If the facts confirm that the situation requiring correction did occur, justifying the assembly of all parties to resolve the matter, then such a meeting shall be scheduled. If however, the matter can be resolved between the agency representatives , then the assembly of parties involved is not necessary. If a need to assemble the parties involved persists, this should be done as soon as possible following the actual incident. The meeting shall involve only those parties directly involved in the incident and shall be held in private. The objective of the meeting should be to resolve this issue so that it does not recur. Resolutions may address related areas of training, policy revision and/or policy development, etc. 18 Step Ill Those issues not resolved through Steps I or II of this procedure shall be submitted in writing to each agency representative. Issues of this magnitude may include, but are not limited to, problems with contracted service, failure to comply with contract, or timely corrective action of situations discussed in Steps I and II. Situations of this significance will be forwarded to the fire chief, or other agency identified representative(s). The Designated representative from each party may be permitted access to documentation and other investigative materials from previous attempts for resolution. Once adequate information and/or evidence on the matter is prepared, a meeting with those parties directly involved must be held in private. Following a thorough investigation and at the conclusion of the meeting, the parties shall attempt a mutually agreed upon resolution . If an agreement is not reached, the Fire Chief shall determine a resolution . The Fire Chief shall have the authority in determining such resolution to require any corrective action, within reason. Such resolution shall be delivered to Contractor in writing and shall include the timelines under which any corrective action shall occur. Types of Problems □ Conflicts in the field (medical & other) □ Non-Compliance with designated care guidelines □ Destination concerns (wrong one, wrong type) □ Mode of transport (air, ground, police, POV) □ Dispatch of resources (wrong one, wrong type) 19  ROSWELL NEW MEXICO PUBLIC SAFETY AGENDA ITEM ABSTRACT Public Safety Council Committee Meeting Item No. 3 Meeting Date: 9/18/18 COMMITTEE: Public Safety CONTACT: Fire Chief Graham CHAIR: Best ACTION REQUESTED: Consider approval of the Contract Extension with Superior Ambulance BACKGROUND: This contract is between the City of Roswell and Superior Ambulance Inc. to provide 911 transport services. At the direction of the Public Safety Committee, language of the contract was altered in regards to response time criteria and enforceability. Staff approves of the changes that were made to that section of the contract. FINANCIAL CONSIDERATION: No additional funding is required, the annual subsidy of $150,000.00 is not changed with this contract extension. LEGAL REVIEW: The City Attorney has reviewed and approves the contract extension. BOARD / COMMITTEE ACTION: The Public Safety Committee is ask to consider approval of the contract extension STAFF RECOMMENDATION: The Public Safety Committee is ask to consider approval of the contract extension.