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CONTRACT 2123 OtherAgreement No. 2123 Contract -7 EMERGENCY AMBULANCE SERVICE AGREEMENT THIS AGREEMENT is made and entered into this C-1 day of 1991, by and between COUNTY OF LOS ANGELES (here- after "County") and THE CITY OF EL SEGUNDO (hereafter "City"). RECITALS WHEREAS, the Court of Appeal in City of Lomita v. County of Los Angeles (1983) 148 Cal.App.3d 671, and in city of Lomita v. Superior Court (1986) 186 Cal.App.3d 479, declared that County is obligated to furnish emergency ambulance transportation for all County residents in need of such service; and WHEREAS, the Court of Appeal in the Lomita litigation defined four ways in which County's duty to such persons may be fulfilled, including service by municipal or private ambulance operators under County contract; and WHEREAS, County contends that it has broad power and discretion, under the Lomita case decisions and under provisions of the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act of 1980 (Health and Safety Code sections 1797, et seq.), both to decide the means of satisfying its ambulance responsibilities, as well as to regulate Agreement No. 2123 . Z I and coordinate emergency ambulance service operations countywide; and WHEREAS, County further contends that its emergency ambulance service responsibilities and authority are paramount to those of any other local governmental entity in Los Angeles County; and WHEREAS, while City concurs that County is required as part of its countywide duty to provide emergency ambulance service within incorporated areas, City denies that County is empowered to select, in the face of City opposition, ambulance providers for City's corporate territory, and City further disputes that County is authorized, in the face of City opposition, to regulate emergency ambulance operations within City's community; and WHEREAS, City maintains that it has discretion to itself render and regulate emergency ambulance service within its corporate territory under authority of general law or of its charter, or both, and that such right or power is superior to any duty or responsibility of County to provide or regulate emergency ambulance service within City's area; and WHEREAS, City has provided the primary emergency ambulance response service continuously and at the same level within its corporate territory since prior to January 1, 1981; and WHEREAS, City desires to continue to provide the primary emergency ambulance transportation service within its corporate - 2 - Agreement No. 2123 M territory in the same manner and at least at the same level as it now provides this service; and WHEREAS, both parties agree that it would be impractical, inefficient, and dangerous to permit competing emergency ambulance service providers, one County and one City, to concurrently serve City's area; and WHEREAS, both parties have agreed to set aside for the term of this Agreement their differences with respect to which entity has ultimate jurisdiction over the provision and coordination of this vital public service within City's territory; and WHEREAS, County has proposed under the specific statutory authority found in Health and Safety Code section 1797.224 to name City as County's exclusive emergency ambulance service operator within City's territory; and WHEREAS, City has agreed to accept this County designation (as more fully described in this Agreement), but only with the understanding that such acceptance of the designation and this Agreement shall not be construed, considered, or used by County as evidence of City acquiescence in or acceptance of any County authority over the provision or regulation of emergency ambulance service within City's territory after this Agreement terminates or expires, or is revoked; and WHEREAS, County has agreed that City's acceptance of the exclusive operating area defined in this Agreement shall not have such effect; and - 3 - Agreement No. 2123 11 WHEREAS, City has further agreed to waive, and will at no time assert any right to, any County reimbursement for emergency ambulance services rendered within City's territory during the term of this Agreement, except as may be provided in section 5 of this Agreement; and WHEREAS, the respective counsel for City and for County have reviewed this Agreement and have found that it is supported by sufficient and adequate legal consideration; and WHEREAS, each party waives any right to challenge or other- wise attack the validity of this Agreement; and WHEREAS, City and County have each promised to defend the integrity and validity of this Agreement from any and all attacks by third parties; and WHEREAS, statutory authority for this Agreement is found in Government Code sections 54980, —et sea., Welfare and Institutions Code section 17000, and Health and Safety Code sections 1444 and 1794.224. NOW, THEREFORE, the parties hereto agree as follows: 1. TERM: This Agreement shall commence on the date first hereinabove written and shall continue in full force and effect to and including the 30th day of June, 1994. Said Agreement shall thereafter be automatically renewed from year to year without further action by either party unless notice in writing of a party's intention not to so renew is given to the other party at - 4 - Agreement No. 2123 least one -hundred eighty (180) days prior to the next term. 2. ADMINISTRATION: The Director of County's Department of Health Services (County's local EMS Agency) or his authorized designee (hereafter collectively "Director") shall have the authority to administer this Agreement on behalf of County. City shall designate in writing a contract Manager who shall be assigned to function as liaison with Director regarding City services under this Agreement. 3. INDEPENDENT CONTRACTOR STATUS: This Agreement is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between County and City. 4. DESCRIPTION OF SERVICE: City shall provide within its corporate boundaries emergency ambulance service in accordance with emergency medical services personnel and vehicle standards defined in the California Vehicle Code, in Division 2.5 of the California Health and Safety Code, and in regulations of the California Highway Patrol and of the State Emergency Medical Services Authority promulgated respectively in Titles 13 and 22 of the California Code of Regulations. The primary emergency ambulance service furnished hereunder shall be rendered by units of city,s fire department. Back-up emergency ambulance service (i.e., a service to be provided when - 5 - Agreement No. 2123 ambulance units of City are unavailable) may be rendered by another city's units or by any ambulance operator licensed by the County. 5. MONETARY OBLIGATION: There shall be no monetary obligation hereunder between City or County to each other, or by County to any other entity or agency arising out of the provision of emergency ambulance service by or on behalf of city. As the sole consideration extended by County for the execution of this Agreement, City is hereby designated as the exclusive provider of emergency ambulance services within the corporate limits of City and shall be the sole authority responsible for delivery of emergency ambulance transportation services within such corporate limits. As more fully described in Paragraph 6, it shall also have the authority to establish emergency ambulance service rates and to bill non -indigents for such service. County responsible indigents (i.e., those in possession of documentation reflecting that they are County General Relief recipients or that they qualify for County Ability -to -Pay Plan eligibility) shall not be billed for emergency ambulance service by City. City shall render emergency ambulance services hereunder at no charge to County. Neither City nor any of its officers, agents, employees, or independent contractors, shall be entitled Agreement No. 2123 to any monetary compensation or other consideration from County for any reason including, but not limited to, dry runs, custody cases, or uncollectable account cases. Notwithstanding the foregoing, in the event County receives additional money from the State of California from a new funding resource specifically earmarked for the provision of emergency ambulance service throughout the Los Angeles County geographical area, City shall thereafter be entitled to its prorata share of such funds based upon a formula prescribed by the State or, if no such formula is prescribed, based upon the City's population as compared with the balance of the County population, as found in the most current annual State Department of Finance population for Los Angeles County. 6. EXCLUSIVE RIGHT TO SET RATESANDTO BILL: City shall have the exclusive right to establish emergency ambulance service rates for users of the City's service and to bill any private party or third party payers in accordance with such rates a fee or fees for the services provided. The amount of such -rates shall be no greater than the costs for the service and shall be prescribed from time to time by City ordinance or resolution. 7. RECORDS: City shall prepare, retain, and make available to Director for inspection, review, and photocopying if necessary, such ambulance and emergency medical services records as are required of ambulance and prehospital emergency care Cif Agreement No. 2123 operators by the California Highway Patrol, Division 2.5 of the Health and Safety Code, the California Code of Regulations, and the Prehospital Care Policy Manual of the local EMS agency. From time to time, Director and City's Contract Manager may agree that additional records regarding the City's ambulance service shall be prepared by City and made available for review to Director. 8. INDEMNIFICATION: County shall indemnify, defend, and hold harmless City and all its officers, agents, and employees from any and all loss, damage, injury or claim, cost or expense, including reasonable attorneys' fees, caused or alleged to arise as a result of the performance of any services under this Agreement by County, its officers, agents, or employees. City shall indemnify, defend, and hold harmless County and all its officers, agents, and employees from any and all loss, damages, liability, claims, cost or expense, including reasonable attorneys' fees, caused or alleged to arise as a result of the ambulance service furnished hereunder by City, its officers, agents, employees, or independent contractors. 9. CITY EMPLOYEE COMPENSATION/BENEFITS: County does not assume any liability for the direct payment of any salaries, wages, or other compensation to any City personnel or to city contract personnel performing services hereunder. City, and not County, is liable for compensation or indemnity to any City officer, agent, employee, or to City contract - 8 - Agreement No. 2123 personnel for injury or sickness arising out of his/her employment, to the extent such compensation or indemnity is otherwise required by law. 10. NONDISCRIMINATION: Neither County, nor City, nor City's contractor agency shall employ discriminatory practices in the performance of the obligations hereunder nor in the employment of personnel, or in any other respect on the basis of race, color, sex, age, religion, national origin, ancestry, or physical or mental handicap and shall at all times act in this regard in accordance with requirements of Federal and State law. 11. LICENSES AND COMPLIANCE WITH APPLICABLE LAW: City shall obtain and maintain in effect during the term of this Agreement, all licenses, permits, and certificates required by law which are applicable to the performance of this Agreement, and shall further ensure that all its officers, agents, and employees, and independent contractors who provide emergency ambulance services hereunder obtain and maintain in effect during the term of this Agreement, all licenses, permits, or certificates required by law which are applicable. During the term of this Agreement, County agrees that the percentage increase in the rates charged to City of any County licensing, training, certification, or recertification of City prehospital care employees performing services hereunder shall not exceed the average annual cost -of -living salary percentage Agreement No. 2123 adjustment of County Department of Health Services' employees, as determined on or about July 1 of each year, based upon such employees' salary adjustments for the prior twelve (12) months. County further agrees that any new County licensing, training, certification, or recertification of City prehospital care employees performing services hereunder will be provided to City initially at County's cost, with annual adjustments thereafter based upon the County Department of Health Services employees' salary adjustment formula outlined immediately above. 12. ASSIGNMENT AND DELEGATION: During the term of this Agreement, the parties intend that the primary emergency ambulance transport service shall be provided continuously by units of city's fire department. Except as may be provided in separate mutual aid agreements between the parties or between City and other public agencies, and except as may be provided under separate back-up service ambulance contracts between City and private operators, City may not delegate its primary emergency ambulance service duties or assign its rights hereunder without the prior consent of County. 13. VALIDITY OF AGREEMENT: A. As described in the whereas clauses of this Agreement, City and County do not agree on which entity has ultimate jurisdiction over the provision and coordination of emergency ambulance service, but agree to set aside these - 10 - Agreement No. 2123 differences in order to provide effective emergency ambulance services to persons within City. B. County agrees that City's acceptance of County's designation of it as the County's exclusive emergency ambulance servi^.e operator within City's territory and City's acceptance of this Agreement shall not be construed, considered, or used by County as evidence of City acquiescence in or acceptance of any County authority over the provision or regulation of emergency ambulance service within City's territory after this Agreement terminates or expires. C. City agrees to waive and at no time assert any right to any County reimbursement for emergency ambulance services rendered within City's territory during the term of this Agreement, except to share in such funds as may be provided by the State and specifically described in the fourth paragraph of section 5 of the Agreement. D. City and County each waives any right to challenge or otherwise attack the validity of this Agreement. E. City and County each promise to defend the integrity and validity of this Agreement from any and all attacks by third parties. I Agreement No. 2123 14. NOTICES: A. Notices to County shall be addressed as follows: 1. Department of Health Services Emergency Medical Services Division 313 N. Figueroa Street - Seventh Floor West Los Angeles, California 90012 Attention: Director 2. Department of Health Services Contract Program office 600 S. Commonwealth Avenue, #202 Los Angeles, California 90005 Attention: Division Chief 3. Department of Health Services Contracts and Grants Division 313 N. Figueroa Street - Sixth Floor East Los Angeles, California 90012 Attention: Division Chief B. Notices to City shall be addressed as follows: The City of El Segundo 350 Main Street El Segundo, California 90245 Attention: City Clerk IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this Agreement to be subscribed by its Chairman and the seal of said Board to be hereto affixed, and - 12 - Agreement No. 2123 attested by the Executive officer thereof, and City has caused this Agreement to be subscribed in its behalf by its duly authorized officer, the day, month, and yearjirst..abqve-,W3�itten. COUNZY4-r LOS ANGOES CHAIRMAN, FRO TEM Board of Supervisors ATTEST: Tr ­,..'6,---,--j LARRY J. MONTEILH, Executi Officer of the Board of SuPerv�ors of the CountA CITY _QF of By APPROVED AS TO FORM: Title — (AFFIX CITY SEAL) APPROVED AS TO FORM: E WI W. TON City 'Attorney o u _jnCoun e Jy By r- --c=J Deputy APPROVED AS TO CONTRACT ADMINISTRATION: Depa of Health Services By Chief, Contracts and Division 00AF00F �4 1•0 DS: rlg COLRMOT. Lcsmo� 1� 23—JAN-91 AGREEMEN/CD9 1 2 - 1ET-24 1991 EXECUME OFFICER