HomeMy WebLinkAboutORANGE, COUNTY OF (71)AGREEMENT
2 A ` n� BETWEEN
worm COUNTY OF ORANGE
sEIL AND
CITY OF SANTA ANA
FOR PROVISION OF THE
4 -
5 t LICENSING AND REGULATION OF
AMBULANCE SERVICES
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8 - THIS AGREEMENT, entered into this 15th day of may ,
g which date is enumerated for purposes of reference only, is by and
10. between the COUNTY OF ORANGE, hereinafter referred to as "COUNTY," and
11 the CITY OF S AN TA AN A , hereinafter referred to as "CITY."
12 This Agreement shall be administered by the Health Care Agency of the
13 County of Orange, hereinafter referred to as "ADMINISTRATOR."
14 WITNESSETH:
15 WHEREAS, CITY desires to contract with COUNTY to provide for the
16 licensing and regulation of ambulance services within CITY's boundaries;
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17 and
18 WHEREAS, COUNTY is agreeable to rendering such services on terms
19 and:conditions set forth herein;
20 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
21 1e SERVICES:
22 A. COUNTY shall perform the licensing and regulation of
23 ambulance services within the corporate limits of CITY, in accordance
24 with the laws of the State of California, and shall -give the prescribed
25 notices required.
26 B. The scope of said services shall be limited to -the enforce-
27 ment of State statutes and such municipal ordinances and regulations
28 " relating to the licensing and regulation of ambulance services as are
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1 the same as those adopted by County's Board of Supervisors.
2 C. Services shall not include the enforcement of additional
3 municipal ordinances and regulations relating to ambulance service as CITY
4 may adopt.
5 D. The level of service to be provided by COUNTY shall be that same
5 basic level of service as that provided to unincorporated areas of COUNTY by
7 the Health Care Agency during the term of this Agreement.
8 E. The licensing and regulation of ambulance services and other
g matters incidental to the performance of such services by COUNTY and the
10 control of personnel so employed by COUNTY shall remain with COUNTY.
11 F. For the purpose of performing said functions, COUNTY shall
1 2 furnish and supply all necessary labor, supervision, equipment, and supplies
.13 necessary to maintain the level of service to be rendered hereunder; except
14 that in all instances wherein special supplies, stationery, notices, and
15 forms must be issuedfin the name of CITY, the same shall be supplied to
le, COUNTY and paid for by CITY.
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17 G. COUNTY shall keep books and records in such form and manner as
18 the Auditor -Controller of COUNTY shall specify. Said books and records -
19 shall be open for examination by CITY at all reasonable times.
20 H. In event of dispute between the the parties as to the extent of
21 the duties and functions to be rendered hereunder, or the level and manner
22 of performance of such service, the determination thereof made by
23 ADMINISTRATOR shall be final and conclusive as between the parties hereto.
24 2, AUTHORITY TO PERFORM SERVICES
25 A. CITY shall enact and maintain in full force and effect all
26 provisions of Article 1, Division 9, Title 4, of the Codifigd Ordinances of
27 the County of Orange, including the same fee schedule, and any other County
28 regulations relating to the licensing and regulation of ambulance services
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1 which may be adopted by the Orange County Board of Supervisors. CITY shall,
2 upon request of ADMINISTRATOR, enact the same amendments to CITY's municipal
3 code as those adopted by COUNTY's Board of Supervisors within one hundred
4 twenty (120) days of notification in writing by ADMINISTRATOR; provided,
3 however, CITY is not required to adopt any provision or amendment which does
6 not apply to CITY.
7 B. For the purpose of performing services pursuant to this Agreement,
g and for the purpose of giving official status to the performance thereof where
g necessary, every COUNTY officer and employee engaged in the performance of any
10. service hereunder shall be deemed to be an agent of CITY while performing
:L1 services for CITY, which services are within the scope of this Agreement and
1 2 are purely municipal functions. COUNTY shall have all powers of CITY and
13 shall receive all cooperation possible from CITY to enable efficient
14 enforcement of applicable municipal ordinances and regulations and to
15 effectuate collections called for thereunder.
16 3. COMPENSATION
17 For and in consideration of the licensing and regulation services
18 rendered by COUNTY pursuant to this Agreement, CITY agrees that COUNTY shall
19 retain any and all fees authorized by CITY's municipal ordinance and collected
20 by COUNTY. CITY shall cooperate with COUNTY to effectuate such collections.
21 4. STATUS OF CONTRACTOR
22 COUNTY is, and shall at all times be deemed to be, an independent
23 contractor and shall be wholly responsible for the manner in which it
24 performs the services required of it by the terms of this Agreement. Nothing
25 herein contained shall be construed as creating the relationship of employer
26 and employee between CITY and COUNTY or any of COUNTY's agents or employees.
27 COUNTY, its agents and employees, shall not be entitled to any rights or
28 privileges of CITY employees and shall not be considered in any manner to be
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1 CITY employees.
2 5. TERM
3 This Agreement shall commence on May. 15, 19 go and shall
4 remain effective until terminated as"providedherein.
5 6. TERMINATION PROVISIONS
6 A. Either party may terminate this Agreement without cause, upon one
7 hundred twenty (120) days' written notice given the other party.
8 B. COUNTY may terminate'this Agreement upon five (5) days' written
9 notice at any time,that CITY fails to enact and to maintain in full force and
10 effect all provisions relating to the licensing and regulation of ambulance
11 services as set forth in Paragraph 2.A. of this Agreement.
12 C. Termination of this Agreement shall not affect the validity or
13 term of any license issued by COUNTY.
14 .7. NOTICES
15 A. Except for Notices of Termination, all notices, claims
16 correspondence, reports and/or statements authorized or required by this
17 Agreement shall be effective when written and deposited in the United States
18 mail, first class postage prepaid and addressed as follows:
19 COUNTY: }MCA/Emergency Medical Services
20 P. 0. Box 355
Santa Ana, CA 92702
21 City: Fire Chief
Santa Ana Fire Department
22 1439 S. Broadway
Santa Ana, CA 92707
23 B. Termination Notices shall be effective when written and deposited
24 in the United States Mail, certified, return receipt requested, and addressed
25 as above.
26 8. MUTUAL INDEMNIFICATION
27 Each party agrees to indemnify and hold harmless the other party, its
28 officers, agents and employees from all liability, claims, losses and
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1 demands, including defense costs, whether resulting from court action or
2 otherwise, arising out of or connected with the acts or omissions of the
3 indemnifying party, its officers, agents or employees, or the condition of
4 property used in the performance of this Agreement.
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APPROVED AS TO FORM:
ADRIAN KUY ER, COUNTY COUNSEL
ORANGE CO Ty, CALIFORNIA
by
ueputy /
DATED: G-G ti'
IN WITNESS WHEREOF, the parties have executed this Agreement in the
County of Orange, California.
COUNTY OF ORANGE
Y_..._ ..
by z6i't ,,,
C ai man4lBoard--of Superv7 sors
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ATTEST:
CITY OF SAMrA ANA
a municipal corporation
by
ayor
ATTEST:
Li hda D. Au-th r a t e OUnC'Y
Clerk of the Board of Supervisors
of Orange County, California DATED: I'Z& jlyio
DATED: d y Lax 1 � o
APPROVED AS TO FORM:
by ekzvtoia-,
Z ty At e
DATED
ma
City Manager
4 O U NTY O F (D FIA N G E TOM DRAM
DIRECTOR
� 1
5 3 HEALTH CARE AGENCY HERBERTROSENZWEIG
DIRECTOR OF MEDICAL SERVICES
EMERGENCY MEDICAL SERVICES BETTY O'ROURKE
EMS PROGRAM DIRECTOR
517 K MAIN STREET
SUITE 301
SANTA ANA, CALIFORNIA 92701
(714) 566-4283
June 14, 1990
David Ream, City Manager
Santa Ana City Hall
26 Civic Center Plaza
Santa Ana, California 92701
SUB,=-* APPROVAL OF AMBULANCE RFGULATTON AGREEKM WITS THE CITY OF SANTA AMA
Dear Mr. Ream:
On May 15, 1990, the Orange County Board of Supervisors authorized the Agree-
ment with the Cif of Santa Ana for Provision of the Licensing and Regulation
of Ambulance Services. Enclosed please find a copy of the motion which was
passed by the Board of Supervisors and a copy of the agreement between the
City of Santa Ana and the County of orange. The original signed agreement
will be kept on file with the Health Care Agency/Emergency Medical Services
office
Sincerer
Betty O'Rourke
Program Director
PMR:ee
PR '1:1026
Enclosures
BOARD OF SUPERVISORS
ORANGE COUNTY, CALIFORNIA� MINUTES May 15, 1990 PcA)
AGREEMENT WITH THE CITY OF SANTA ANA FOR PROVISION OF THE LICENSING AND
REGULATION OF AMBULANCE SERVICES: Health Care Agency requests approval
of an agreement for provision of the licensing and regulation of
ambulance services.
MOTION: On motion by Supervisor Roth, seconded by Supervisor Vasquez,
the Board authorized execution of the Agreement with the City of Santa
Ana for provision of the licensing and regulation of ambulance services.
MOTION UNANIMOUSLY CARRIED.
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