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Home My WebLink AboutCC 5 LIC AMBULANCE SVC 11-3-80DATE: THRU: TO: FROM: SUBJECT: November 3, 1980 Dan Blankenship, City Adm. CONSENT CALENDAR · 1!~ 3-~80. Inter-Corn Honorable Mayor and City Council Mary E. Wynn, City Clerk AGREEMENT TO PROVIDE LICENSING AND REGULATION OF AMBULANCE AND CONVALESCENT TRANSPORT SERVICE A proposed new agreement between .the City of Tustin and the County to provide Licensing and Regulations of Ambulance and Convalescent Transport Service was received from the County. This a~ent was sent to the City Attorney for his approval. The City Attorney has reviewed~d made a few changes to the agreement, a copy of which is attached. RECO~IMENDED ACTION: Authorize the Mayor and the City Clerk to execute the attached agreement as approved by the City Attorney. Mary E. Wynn city Clerk Attachment AGREEMENT TO PROVIDE LICENSING AND REGULATION OF AMBULANCE AND CONVALESCENT TRANSPORT SERVICE THIS AGREEMENT is made and entered into this day of · 1980, by and between the COUNTY OF ORANGE (hereinafter referred to as "COUNTY") and the CITY OF TUSTIN (hereinafter referred to as "CITY"). W I TN E S S E TH: WHEREAS, CITY is desirous of contracting with COUNTY for the performance of the hereinafter described services within CITY'S boundaries by COUNTY through COUNTY's Health Officer thereof; and WHEREAS, COUNTY is agreeable to rendering such services on terms and conditions hereinafter set forth; NOW, THEREFORE· IT IS AGREED as follows: 1. COUNTY agrees, through the Health Officer of COUNTY to provide for the licensing and regulation of ambulance and conva- lescent transport service within the corporate limits of CITY, to the extent and in the manner hereinafter set forth. Such services shall only encompass duties and functions of the type coming within the jurisdiction of and customarily rendered by the Health Officer under the laws of said COUNTY and the statutes of the State of California. The level of service shall be that same basic level of service that is, and shall be hereafter during the term of this agreement, provided for unincorporated areas of COUNTY by said Health Officer. The rendition of such services, the standard of performance and other matters incidental to the performance of such services, and the control of personnel so empI~yed, shall remain in COUNTY. In the event of dispute between the parties as to the extent of the duties and functions to be rendered hereunder, or the level and manner of performance of such service, the determination thereof made by the Health Officer of COUNTY shall be final and conclusive as between the parties hereto. Such service shall include'the enforcement of State statutes and such municipal code ordinances and regulations re- lating to the licensing and regulation of ambulance and convales- cent transport service as CITY may adopt, as hereinafter provided for. 2. For the purpose of performing said functions, COUNTY shall furnish and supply all necessary labor, supervision, equipment, and supplies necessary to maintain the level of service to be rendered hereunder. Notwithstanding anything herein contained, it is agreed that in all instances wherein special supplies, stationery, notices, forms and the like must be issued in the name of said CITY, the same shall be supplied by said CITY at its own cost and expense. 3. All persons employed in the performance of such services and functions for said CITY shall be COUNTY employees and no CITY employee as such shall be taken over by said COUNTY, and no person employed hereunder shall have any CITY pension, civil service, or any status or right. --2-- For the purpose of performing such services and functions, and for the purpose of giving official status to the performance thereof where necessary, every COUNTY officer and employee engaged in the performance of any service hereunder shall be deemed to be an officer or employee of said CITY while perform- ing services for said CITY, which services are within the scope of this agreement and are purely municipal functions. 4. CITY shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensa- tion to any COUNTY personnel performing services hereunder for said COUNTY, or any liability other than provided for in this agreement. Except as herein otherwise specified, CITY shall not be liable for compensation or indemnity to any COUNTY employee for injury or sickness arising out of his employment. 5. COUNTY, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts of said CITY or of any officer or employee thereof. 6. This agreement shall commence on , 1980, and shall remain effective until terminated as provided herein. Either party may terminate the agreement by giving written notice of not less than one hundred twenty (120) days prior to the date of said termination. Such termination shall not effect the validity or term of any license issued by County. 7. Notwithstanding anything to the contrary herein contained, this contract shall be sooner terminated at any time that CITY fails to enact and to maintain in full force and effect, including -3- the amount of fees provided, an ordinance similar to the provisions of Article 1, Division 9, Title 4, of the Codified Ordinances of the County of Orange, and other regulations which may be adopted by the Orange County Board of Supervisors. This contract shall also be sooner terminated if CITY does not enact the same amendments to their municipal code as those adopted by COUNTY's Board of Supervisors within one hundred twenty (120) days after request to do so by COUNTY. The COUNTY Health Officer, acting on behalf of the COUNTY, may use discretion and need not request CITY to adopt amendments which do not apply to CITY. 8. For and in consideration of the rendition of the foregoing services by the COUNTY, CITY agrees that COUNTY may keep and re- tain any and all licenses and fees, except business license fees, provided for by said Municipal Code, Ordinance or Resolution of the City Council and collected by the COUNTY pursuant hereto. It is agreed that in connection therewith, COUNTY shall have all powers of CITY and shall receive all cooperation possible there- from to enable efficient enforcement of such Municipal Code Ordinance and to effectuate collections called for thereunder. 9. COUNTY shall retain all fees and revenue derived from the enforcement of the CITY Ordinance pertaining to licensing and regulating ambulance and convalescent transport service by COUNTY, other than business license fees. 10. COUNTY agrees that all services furnished by it here- under shall be in accordance with the laws of the State of California, and that it will give the prescribed notices re- quired by law. -4- 11. COUNTY agrees to keep such books and records and in such form and manner as the Auditor-Controller of COUNTY shall specify. Said books shall be open for examination by said CITY at all reasonable times. 12. To the extent authorized bY law, the COUNTY shall indemnify, hold harmless and defend the CITY, its officers, agents and employees against all liability, claims, losses, demands or actions for injury to or death of persons or damages to property arising out of, or alleged to arise out of, or in consequence of this agreement provided such liability, claims, losses, demands or actions are claimed to be due to the acts or omissions of the COUNTY, its officers, agents or employees, including damage to the CITY Fixed Assets, where such damage is caused by COUNTY hereunder in the performance of this agree- ment. To the extent authorized by law, the CITY shall indemnify, hold harmless and defend the COUNTY, its officers, agents and employees against all liability, claims, losses, demands or actions for injury to or death of persons or damages to property arising out of, or alleged to arise out of, or in consequence of this agreement provided such liability, claims, losses, demands or actions are claimed to be due to the acts or omissions of the CITY, its officers, agents or employees in the performance of this agreement. The above indemnification provisions shall commence on , 1980, and shall continue thereafter so long as this agreement is in effect. The provisions of paragraphs 1, 3, 4, 5, 6, and 7 of Section 2778 of the California -5- Civil Code, as said section exists on , shall be applicable to said provisions. Transmittal to the CITY or COUNTY, as the case may be, of any pleadings served shall be deemed to be a request to defend. IN WITNESS WHEREOF the City of Tustin, by resolution duly adopted by its City Council, caused this agreement to be signed by its Mayor and attested by its Clerk, and the County of Orange by order of its Board of Supervisors, has caused these presents to be subscribed by the Chairman of said Board and the seal of said Board to be affixed thereto and attested by the Clerk of said Board, all on the day and year first above written. COUNTY OF ORANGE CITY OF TUSTIN BY: BY: Chairman Mayor Board of Supervisors ATTEST: ATTEST: BY: June Alexander, Clerk of the Board of Supervisors of Orange County, California DATED: APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL BY: Deputy DATED: BY: City Clerk DATE D: APPROVED AS TO FORM: J~MES G. ROURKE, C~ty Attorney BY: /..~_. · ~,~// ~.~,~. , DATED: //¢-- 2~.-~ RLL:JGR:se:D:10/22/80 RLL:se:R:10/24/80 JGR:se:R:10/27/80 -6-