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1981-0906_ORANGE, COUNTY OF_Agreement First Amdr.. FIRST AMENDMENT TO AGREEMENT TO PROVIDE LICENSING AND REGULATION OF AMBULANCE AND CONVALESCENT TRANSPORT SERVICE THIS FIRST AMENDMENT is made to that certain Agreement dated September 6, 1981, hereinafter referred to as the "Agreement", by and between the COUNTY OF ORANGE, a political subdivision of the State of California, and the CITY OF SAN JUAN CAPISTRANO. 1. All references in the Agreement to the "Health Officer" are hereby changed to refer to the "Health Care Agency." 2. Any reference in the Agreement to convalescent transport services, or the licensing thereof, is hereby deleted. IN WITNESS WHEREOF, the parties have executed this First Amendment to the Agreement. DateSIGNED AND CERTIFIED THAT A COPY OF THIS THE CHAIRMAN OF THE BOARD. C R LINDA D. ROBERTSDEC Z 8 Clerk of the Board of Supervisors - _- County of Orange, California Dated: November 5, 1985 APPROVED AS TO FORM: 0 �L 4 �/�— Jo I n R. Shaw, City Attorney COUNTY OF ORANGE By Chairman of the Board o Supervisors CITY OF SAN JUAN CAPISTRANO By Mayor hillip R. Schw 241ze ATTEST: Mary An Hanover, City Clerk I I� 2I it3 4 5 6 7, 8 9 10 11 12 13 14 15 16 N 17 18 19 20 ryry 21 I! 22 23 24 25 26 27 28 1i AGREEMENT TO PROVIDE LICENSING AND REGULATION OF AMBULANCE AND CONVALESCENT TRANSPORT --SERV- ICE THIS AGREEMENT, made and entered into this 6 tlliay of SEPTEMBER 1981 , by and between the COUNTY OF ORANGE, hereinafter referred to as ' "COUNTY," and the CITY OF SAN JUAN CAPISTRANOhereinafter referred to as "CITY." WITNESSETH: THAT '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 convalescent 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 employed, shall remain in COUNTY. In event of dispute between the parties as to the extent of the duties and functions to be rendered hereunder, or the level Y 1 and manner of performance of such service, the determination thereof made by the 2 Health Officer of COUNTY shall be final and conclusive as between the parties 3 hereto. 4 Such service shall include the enforcement of State statutes and such 5 municipal code ordinances and regulations relating to the licensing and regula- 6 tion of ambulance and convalescent transport service as CITY may adopt, as here - 7 inafter provided for. 8 2. For the purpose of performing said functions, COUNTY shall furnish 9 and supply all necessary labor, supervision, equipment, and supplies necessary 10 to maintain the level of service to be rendered hereunder. 11 Notwithstanding anything herein contained, it is agreed that in all 12I instances wherein special supplies, stationery, notices, forms, and the like 13 must be issued in the name of said CITY, the same shall be supplied by said 14I CITY at its own cost and expense. 15 1! 3. All persons employed in the performance of such services and functions 16 I! for said CITY shall be COUNTY employees and no CITY employee as such shall be 17 taken over by said COUNTY, and no person employed hereunder shall have any 18 CITY pension, civil service, or any status or right. 19 For the purpose of performing such services and functions, and for the 20 purpose of giving official status to the performance thereof where necessary, 21 every COUNTY officer and employee engaged in the performance of any service 22hereunder shall be deemed to be an officer or employee of said CITY while 23 performing services for said CITY, which services are within the scope of this 24 agreement and are purely municipal functions. 25 4. CITY shall not be called upon to assume any liability for the direct 26 payment of any salaries, wages, or other compensation to any COUNTY personnel 27 performing services hereunder for said COUNTY, or any liability other than 28 provided for in this agreement. I Except as herein otherwise specified, CITY shall not be liable for compen- 2 sation or indemnity to any COUNTY employee for injury or sickness arising out 3 of his employment. 4 5. COUNTY, its officers and employees, shall not be deemed to assume any 5 liability for intentional or negligent acts of said CITY or of any officer or 6 employee thereof.. 7) 6. This agreement shall commence on SEPT 6 19 81 and 8 shall remain effective until terminated as provided herein. Either party 9 may terminate the agreement by giving written notice of not less than one 10 hundred twenty (120) days prior to the date of said termination. Such termi- 11 nation shall not effect the validity or term of any license issued by County. 12� 7. - Notwithstanding anything to the contrary herein contained, this 131 contract shall be sooner terminated at any time that CITY fails to enact t; 14` and to maintain in full force and effect, including the amount of fees provided, i 15f an ordinance similar to the provisions of Article 1, Division 9, Title 4, of 16 the Codified Ordinances of the County of Orange, and other regulations which 17I may be adopted by the Orange County Board of Supervisors. This contract shall 18 also be sooner terminated if CITY does not enact the same amendments to their 19 I municipal code as those adopted by COUNTY'S Board of Supervisors within one 20 hundred and twenty (120) days after request to do so by COUNTY. The COUNTY 21 Health Officer, acting on behalf of the COUNTY, may use discretion and need 22 not request CITY to adopt amendments which do not apply to CITY. 23 8. For and in consideration of the rendition of the foregoing services 24 by the COUNTY, CITY agrees that COUNTY may keep and retain any and all 25 licenses and fees provided for by said Municipal Code Ordinance or Resolution 26 of the City Council and collected by the COUNTY pursuant hereto. It is 27 agreed that in connection therewith, COUNTY shall have all powers of CITY 28 and shall receive all cooperation possible therefrom to enable efficient I enforcement of such Municipal Code Ordinance and to effectuate collections ' 2 called for thereunder. 3 9. COUNTY shall retain all fees and revenue derived from the enforcement 4 of the CITY Ordinance pertaining to licensing and regulating ambulance and 5 convalescent transport service by COUNTY. 6 10. COUNTY agrees that all services furnished by it hereunder shall be 7 I in accordance with the laws of the State of California, and that it will give 8 the prescribed notices required by law. 9 11. COUNTY agrees to keep such books and records and in such form and 10 manner as the Auditor-Controller of COUNTY shall specify. Said books shall be 11 open for examination by said CITY at all reasonable times. 12 12. .To the extent authorized by law, the COUNTY shall indemnify, hold harm- 13 less and defend the CITY, its officers, agents and employees against all 14iliability, claims, losses, demands or actions for injury to or death of persons 1511 or damages to property arising out of, or alleged to arise out of, or in conse- 4 16 quence of this agreement provided such liability, claims, losses, demands or 17 actions are claimed to be due to the acts or omissions of the COUNTY, its 18 officers, agents or employees, including damage to the CITY Fixed Assets, where 19 such damage is caused by COUNTY hereunder in the performance of this agreement. 20 21 To the extent authorized by law, the CITY shall indemnify, hold harmless and 22 defend the COUNTY, its officers, agents and employees against all liability, 23 claims, losses, demands or actions for injury to or death of persons or 24 damages to property arising out of, or alleged to arise out of, or in conse- 25 quence of this agreement provided such liability, claims, losses, demands or 26 actions are claimed to be due to the acts or omissions of the CITY, its 27 officers, agents or employees in the performance of this agreement. The 28 above indemnification provisions shall commence on SEPT 6, 1981 It 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Civil Code, as said section exists on September 6, 1981, 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 SAN JUAN CAPISTRANO ddi ac3�r{ied by—its 4.iS�a+aEl, caused this agreement to be signed by its Mayur 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 by airman, Board of Supervisors ATTEST: by lJ e Alexander C erk of the Board of Supervisors of Orange County, California DATED: t S , lei $'Z. APPROVED AS TO FORM: ADRIAN by Dee DATED/. CITY OF SAN JUAN CAPISTRANO a municipie corporation by Philli R. Schwartze, &yor ATTEST: r�i � iA i✓ Lig Clerk • f�' DATED: October 6, 1981 APPROVED AS TO FORM: by p C ty Attorney DATED: October 6, 1981 S t� CH G.R LES Q. I<Z{?^. Y1`. Lxc..l ' _ L. REX _i+LP f? HEALTH CARE AGENC' N BLT:; ;-.,•_ f> PUBLICHEMM-TillihiiMEW-"LSERVICi:S SANTA "` C, 11712 EidERGEPiCY ;:.t UCAS. Sk.RViC'c5- SANTA ANA, CALI OAN;A. 92.761 U14) &34-644_1 - July 13, 1983 TO: Distribution FROM: Gary Rcttori!�,i ' Medical Transportation Coordinator SUBJECT: AMBULANCE SERVICE TRAESPORTATION RATES By Resolution Number 83-1042 dated June 28, 1983 the Orange County- Board ofSupervisors approvedanincrease in service rates for the private ambulance services. This increase will effect ambulance services operating within.the County unincorporatad_territory-and the fourteen contract incor- porated cities _(see attached). This -increase was effective July 1, 1983. For your convenience, a copy of Resolution. Number 83-1042 is attached. Should you have any questions, please call (714)834-6447. F GR:lh Attachments (2) Distra.bution-: Attached List 9 Ambulance Service Rate Increase Notice Distribution List: Jerry McDowell, City of Brea City Clerk, City of Brea Allen Roeder, City of Costa Mesa City Clerk, City of Costa Mesa Jerry Shumard, City of Cypress City Clerk, City of Cypress Leo Peart, City of Irvine City Clerk, City of Irvine Ron Adams, City of Laguna Beach City Clerk, City. of Laguna Beach Norman Hansen, City of La Palma City Clerk, City of La Palma Kelson McDaniel, City of Los Alamitos City Clerk, City of Los Alamitos Kathy Hyland, City of Orange City Clerk, City of Orange Frank Dunnavant, City of Placentia City Clerk, City of Placentia Stephen Julian, City of San Juan Capistrano #t.'ity Clerk, City of San Juan Capistrano Allen Warren, City of Tustin City Clerk, City of Tustin Richard Houts, City of Westminster City Clerk, City of Westminster Arthur Simonian, City of Yorba Linda City Clerk, City of Yorba Linda .Richard -Jorgensen, City of Fountain Valley City Clerk, City of Fountain Valley Care Convalescent Ambulance Service Doctors Ambulance Service Emergency Ambulance Service Golden West Ambulance Service Goodhew Ambulance Service Huntington Ambulance Service Infield Ambulance Service Medix Ambulance Service Schaefer Ambulance Service Scudders Ambulance Service Seals Ambulance Service Southland Ambulance Service Morgan Ambulance Service Greg Hartman, Inland Counties Emergency Leonard Inch, Los Angeles County EMS Gail Cooper, San Diego County EMS Medical -Authority R i COUNTY OF ORANGE EMERGENCY MEDICAL S"r.:TICE hAmbulance Contract Cities II Brea Costa Mesa Cypress Fountain Valley Ervine Laguna Beach La Palma Los Alamitos - Orange Placentia r San Juan Capistrano Tustin Westminster Yorba Linda 0 RESC'sLUTIgN qi °rF��' �« , U 'L(1� l' �OF vi UtL.L'-SOBS ' 4 ORA GE COUNTY, CALIFCRNIA I, June 28, 1983 61 On the motion of Supervisor Wieder, duly seconded and carried, the 7 I, &I, 4� 10 1I 12 13 14 15 III 16� 17 is i9 20 following Resolution was adopted: BE IT RESOLVED that the Ambulance Rates chargeable to private -pay customers by ambulance services licensed by the County of Orange for operation within the unincorporated area of the County shall be, effective July 1, 1983, no more than a maximum amount specified. below for the services offered: AMBULANCE RATES Type of Charge Basisfor Charge Maximum Rate (A).Base Rate applicable at time $96.00 of request (B) Mileage per patient mile $ 6.00 or fraction thereof (C) Night Call Applicable at the $19.00 _ time of request when between 7:00 p:m. and 7:00 a.m. (D) Oxygen Administration not including expendable_,$19.00- supplies (E) Expendable Medical on fair market value, $20.00 - Supplies whichever is least (F) Standby per fifteen minutes $19-.00 after the first fifteen minutes and any fraction thereof. - (G) Emergency applicable when dispatch $19.00- is 19:00 is immediate to trans- port or provide other assistance h No. 83-1042 Sry Transportation Rates ., I : f AYES: SUPERVISORS k i s 0 HARRIETT 1-4. WIEDER, T?:O}:AS F. RILEY, BALK, NESTANDE, r�hy.Pii B. CLAP.K, and ROGER R. NOES _ SUPE1", 7 S0RS NONE a ABSENT: SUPERVISORS NONE STATE O CALIFORNIA ) } ss. r COUNTY OF ORANGE ) I, JUNE ALEXANDER, 'Clerk of the Board of Supervisors of Orange County, California, hereby certify that the 4bove and foregoing Resolutic: was duly and regularly adopted by the said Board at a regular meeting thereof held on the 28th day of June , 19 83 -,-and passed by a unanimous vote of said Board-. IN WITNESS WZIEREOF, I have hereunto 'set my hard.and seal this 28th day of June , 19 SUp- 83 ��' s - ' ::,TUNE ALEXANDER, Clerk of. tiYe`.)�oard of Supervisors of Oraq%eCounty, CaljTZ rnia f . Ur •,: D f l 3 a r MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA January 5, 1982 IN RE: AGREEMENT LICENSING AND REGULATION OF AMBULANCE AND CONVALESCENT TRANSPORT SERVICE CITIES OF COSTA MESA, LOS ALAMITOS, SAN JUAN CAPISTRANO AND YORBA LINDA On motion of Supervisor Wieder, duly seconded and unanimously carried, the Clerk of the Board, on behalf of the Board of Supervisors, is authorized to execute the Agreements, dated January 5, 1982, between the County of Orange and the Cities of Costa Mesa, Los Alamitos, San Juan Capistrano and Yorba Linda to provide licensing and regulation of ambulance and convalescent transport services. IN RE: ELDER CARE SUBCONTRACT FEASIBILITY STUDY On motion of Supervisor Stanton, duly seconded and unanimously carried, the Elder Care Subcontract Feasibility Study is received from the Health Care Agency and ordered filed . The report is ordered referred to the project manager, Comprehensive Health Plan, Dr. Marianne Maxwell, for inclusion in the broader issue of whether or not the County should be a broker or provider of various Health Care Services. The Health Care Agency is authorized to prepare the 1982-83 application for Elder Care Services. The Report is due back to the Board of Supervisors by the end of May, 1982. P (01s 7.3(12176) AGREEMENT TO PROVIDED LICENSING AND REGULATION! OF AMBULANCE AND CONVALESCENT TRANSPORT SERVICE THIS AGREEMENT, made and entered into this 15th day of July 1980 by and between the COUNTY OF ORANGE, hereinafter referred to as "COUNTY," and the CITY OF San Juan Capistrano hereinafter referred to as "CITY." WITNESSETH: THAT 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 convalescent 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 cf 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 servgces, the standard of performance and other matters incidental to the performance of such services, and the control of personnel so employed, shall remain in COUNTY. In 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 relating to the licensing and regulation of ambulance and convalescent transport service as CITY may adopt, as hereinafter provided for. -1- 3. 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 thr like must be issued in the name of said CITY, the same shall be supplied by said CITY at its own cost and expense. 4. All persons employed in the performance of such services and functions for said CITY shall be COUNTY employees and no CIYY 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. 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 performing services for said CITY, which services are within the scope of this agreement and are purely municipal functions. 5. CITY shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation 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. 6. 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. 7. Unless sooner terminated as provided for herein, this agreement shall be effective September 5 1980 and shall run for a period of one (1) year thereafter. At the option of the City Council of said CITY, with the consent of the Board of Supervisors of said COUNTY, this agreement shall be renewable for successive periods of not exceeding one (1) year each. In event CITY desires to renew this agreement for any succeeding one-year period, said City Council, not later than one hundred and twenty (120) days before the expiration date of this agreement, shall notify the Board of Supervisors of COUNTY that it wishes to renew the same, whereupon -2- said Board of Supervisors, sixty (60) days after said notification, shall notify said CITY in writing of its willingness to accept such renewal for an additional one-year period or such other term as it deems advisable, otherwise such agreement shall finally terminate at the end of such one- year period. Nothwithstand4ng the provisions of this paragraph hereinbefore set forth, either party may terminate this agreement on the first day of July of any year, upon notice in writing to the other party of not less than two (2) calendar months prior to the day of said termination. 8. 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 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 and 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. 9. For and in consideration of the rendition of the foregoing services by the COUNTY, CITY agrees that COUNTY may keep and retain any and all licenses and 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 therefrom to enable efficient enforcement of such Municipal Code Ordinance and to effectuate collections called for thereunder. 10. 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. 11. COUNTY agrees that all services furnished.by it hereunder shall be in accordance with the laws of the State of California, and that it will give the prescribed notices required by law. 12. COUNTY agrees to keep such books and records and in such form and manner as the Auditor -Controller of COUNTY shall specify. Said books -3. shall be open for examination by said CITY at all reasonable times. 13. 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 agrQement 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 agreement. To the extent authorized by law, the CITY shall indemnify, hold harmless and defend the COUNTY, it 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 September 5, 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 Civil Code, as said section exists on September 5, 1980 , 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. -4- 10 IN WITNESS WHEREOF, the CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO has duly approved and caused this agreement to be signed by its Mayor and attested by its Cler, 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 by o Ma 4 rftY , o pervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. t �9 by Junit Alexander Clerk of the Board of Supervisors of Orange County, California DATED: APPROVED AS TO FORM: KUYPER, COUNTY COUNSEL ci DATED: �D -5- CITY of San Juan Capistrano , a municiple corporation Z— by rry KausuorTer, mayor ATTEST: by C Clerk o e Counci DATED: May 21, 1980 APPROVED AS TO FORM: City Attorney DATED: May 15, 1980 AGENDA ITEM • Octobe6, 1981 T0: Stephen B. Julian, City Manager FROM: David L. DeBeauvais, Administrative Assistant to the City Manager SUBJECT: Renewal of Ambulance and Convalescent Transport Agreement (County of Orange) SITUATION The City's Agreement with the County of Orange for the receipt of licensing and regulation of ambulance and convalescent transport service expired on September 5, 1981 (services are still being provided pending renewal action). Attached hereto is a new Agree- ment for City Council review and action. The only change in the terms and conditions of the new Agreement is that it has been modified to eliminate the expiration date, and ) shall be effective until terminated by either party (120 days prior notice required); the previous Agreement was on a year-to-year basis. FINANCIAL CONSIDERATIONS There is no direct charge to vices. In consideration for allows the County to retain ALTERNATE ACTIONS the City for the receipt of these ser - rendering these services, the City all fees collected. 1. Approve the attached Agreement with the County of Orange for the receipt of licensing and regulation of ambulance and convalescent transport services effective September 6, 1981; and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. 2. Do not approve the Agreement. 3. Request further information from staff. RECOMMENDATION By motion, approve the attached Agreement with the County of Orange for the receipt of licensing and regulation of ambulance and conva- lescent transport services effective September 6, 1981; and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. Respectfully submitted, David L. DeBeauvais DLD:pk P033 CITY COUNCiIL AGENDA ..... Attachment IJ MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA September 1, 1981 IN RE: RELEASE OF MORTGAGES On motion of Supervisor Riley, duly seconded and unanimously carried by Board members present, the Clerk of the Board, on behalf of the Board of Supervisors, is authorized to execute the Release of. Mortgages made to the County of Orange by Viola A. Kirby„ Chester J. and Loretta M. Lickteig. IN RE: AUTHORIZE NEGOTIATION RADIOLOGICAL HEALTH SERVICES CONTRACT STATE DEPARTMENT OF HEALTH HUMAN SERVICES AGENC On motion of Supervisor Riley, duly seconded and unanimously carried by Board members present, the Human Services Agency is authorize to begin negotiations with the State Department of Health Services for a radiological health services contract. IN RE: AUTHORIZE NEGOTIATION LICENSING/REGULATION AGREEMENTS AMBULANCE AND CONVALESCENT TRANSPORT SERVICES VARIOUS CITIES EMERGENCY MEDICAL SERVICES On motion of Supervisor Riley, duly seconded and unanimously carried by Board members present, Emergency Medical Services is autho- rized to negotiate licensing/regulation renewal agreements with the cities of Costa Mesa, Los Alamitos,t-&stn Juan Capistrano, and Yorba Linda for ambulance and convalescent transport services. k • MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA July 15, 1980 IN RE: LIFT FREEZE ON POSITIONS On motion of Supervisor Anthony, duly seconded and unanimously carried, the recommendation of the County Administrative Officer to lift the hiring freeze on the following positions, in the stated Department/ Agency is approved: Dept/Agency No. Position Title Status SA/Fac. Real Prop. 1 A/E Div. Mgr. Regular Assessor 1 Proj. Mgr. I Regular N RE: AGREEMENT CONTINUATION OF AMBULANCE LICENSING CITY OF SAN JUAN CAPISTRANO On motion of Supervisor Anthony, duly seconded and unanimously carried, the Clerk, on behalf of the Board of Supervisors, is authorized o sign the Agreement dated July 15, 1980, between the County of Orange and the City of San Juan Capistrano, providing for ambulance licensing. RU ke,VCY MEDICAL R F1013-2.3 (I2/76) 0 0 AGENDA ITEM May 21, 1980 TO: James S. Mocalis, City Manager FROM: Loretta Murray Zimmerman, Assistant to the City Manager SUBJECT: Agreement to Provide Licensing and Regulation of Ambulance and Convalescent Transport Service SITUATION: At the Council meeting of May 7, 1980, Council indicated to the County its intention to renew the agreement whereby the County provides licensing and regulatory functions for ambulances and convalescent transport services within the City. The current agreement will expire September 5, 1980. The County has provided the attached agreement for Council review and approval. The one-year agreement is the same as the agreement executed for the 1979-80 year. FINANCIAL CONSIDERATIONS: There are no direct costs to the City to renew the agreement. The agreement provides that the County retain any and all revenues for licenses and fees collected pursuant to the agreement. ALTERNATE ACTIONS: 1. Approve the agreement and authorize the Mayor to execute the agreement on behalf of the City. 2. Do not approve the agreement. 3. Request further information from staff. RECOMMENDATION: By motion, approve the agreement and authorize the Mayor to execute the agreement on behalf of the City. Respectfully submitted, Loretta Murray Zimmerman LAMZ: ch FOR CITY COUNCIL AGENDA .. �� Attachment UX • 0 MARGARET C. GRIER O U NTY O F O RAN G E DIRECTOR L. REX , M.D. HEALTHALTH OFFICER s 3 HUMAN SERVICES AGENCY A� RECF1VFD f EMERGENCY MEDICAL SERVICE Snrn �" 2 5c '8� "y PUBLIC HEALTH AND MEDICAL SERVICES 515 N. SYCAMORE STREET SANTA ANA, CALIFORNIA 92701 (714) 834-3155 Mailing Address: P.O. BOX 355 T - SANTA ANA, CA 92702 April 22, 1980 Loretta Zimmerman Office of the City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Ms. Zimmerman: On October 9, 1979, the City of San Juan Capistrano and the County of Orange entered into an agreement whereby the County will provide the licensing and regulatory functions for ambulances and convalescent transport services within the city. Our records indicate this agreement will terminate on September 5, 1980. Attached, please find a blank copy of said agreement for execution by your City Council. Should you or your staff have any questions, please do not hesitate to call. Thank you for allowing the Orange County Office of Emergency Medical Services to be of service. Sinceerreeell� Gary Rotton, Ambulance Specialist Emergency Medical Services GR/bh Enclosure AGENDA ITEM May 7, 1980 TO: James S. Mocalis, City Manager FROM: David L. DeBeauvais, Administrative Assistant to the City Manager SUBJECT: Intent to Renew Agreement -- Licensing and Regulation of Ambulance and Convalescent Transport Service (County of Orange) SITUATION: At the meeting of September 5, 1979, Council approved and entered into an agreement with the County of Orange for the receipt of ambulance and convalescent transport licensing and regulation services. The agreement is effective for a period of one year and may be renewed or terminated on such yearly basis. It becomes necessary at this time to review and take action upon this matter due to the following pro- vision contained within the agreement: "In event CITY desires to renew this agreement for any succeeding one-year period, said City Council, not later than one hundred and twenty (120) days before the expiration date of this agreement, shall notify the Board of Supervisors of COUNTY that it wishes to renew the same.... otherwise such agreement shall finally terminate at the end of such one-year period." In accordance with the above, Council must determine and indicate, no later than May 8, 1980, whether or not it intends to renew the agreement for a succeeding one year period (i.e., September 5, 1980 to September 5, 1981). Thus far to date, services provided by the County under this agreement have proven to be quite effective and it is believed that the quality of emergency services available to City resi- dents has been increased as a result. FINANCIAL CONSIDERATIONS: There are no direct costs to the City to renew the agreement. In addition, there are no direct costs to the City for receipt of these services; the agreement provides that the County retain any and all revenues for licenses and fees collected pursuant to this agreement. 111 FOR CITY COUNCIL AGENDA 4 /-13 • 0 Agenda Item - Ambulance Services -2- May 7, 1980 ALTERNATE ACTIONS: 1. Direct staff to notify the County that the City intends to renew its agreement for ambulance and convalescent transport licensing and regulation services for the period of September 5, 1980 through September 5, 1981. 2. Direct staff to notify the County that the City does not intend to renew its agreement for ambulance and convalescent transport licensing and regulation services, and allow such agreement to automatically expire on September 5, 1980. 3. Request further information from staff. RECOMMENDATION: By motion, direct staff to notify the County that the City intends to renew its agreement for ambulance and convalescent transport licensing and regulation services for the period of September 5, 1980 through September 5, 1981. Respectfully submitted, David L. DeBeauvais DLD:ch 11 0 "CITY" COPY AGREEMENT TO PROVIDED LICENSING AND REGULATION OF AMBULANCE AND CONVALESCENT TRANSPORT SERVICE THIS AGREEMENT, made and entered into this 9 -CL day of Cajc&,�-) L9 by and between the COUNTY OF ORANGE, hereinafter referred to as "COUNTY," and the CITY OF SAN JUAN CAPISTRANO , hereinafter referred to as "CITY." WITNESSETH: THAT 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 convalescent 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 employed, shall remain in COUNTY. In event of dispute between the parties as to the extent of the duties and functions to be renderod hereundar., or '`Ile IrnvEl and Planner of periormanCp 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 relating to the licensing and regulation of ambulance and convalescent transport service as CITY may adopt, as hereinafter provided for. 0 0 3. 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. 4. 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. 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 performing services for said CITY, which services are within the scope of this agreement and are purely municipal functions. 5. CITY shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation to any COUNTY personnel performing services hereunder for ;aid 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 emplovec for in4ur,y or sickness arising out of his employment. 6. COUNTY, its officers and employees, shall riot be deemed to assume any liability for intentional or negligent acts of said CITY or of any officer or employee thereof. 7. Unless sooner terminated as provided for herein, this agreement shall be effective September 5 — , 1979 `, and shall run for a period of one (1) year thereafter. At the option of the City Council of said CITY, with the consent of the Board of Supervisors of said COUNTY, this agreement shall be renewable for successive periods of not exceeding one (1) year each. In event CITY desires to renew this agreement for any succeeding one-year period, said City Council, not later than one hundred and twenty (120) days before the expiration date of this agreement, shall notify the Board of Supervisors of COUNTY that it wishes to renew the same, whereupon -2- said Board of Supervisors, sixty (60) days after said notification, shall notify said CITY in writing of its willingness to accept such renewal for an additional one-year period or such other term as it deems advisable, otherwise such agreement shall finally terminate at the end of such one- year period. Nothwithstanding the provisions of this paragraph hereinbefore set forth, either party may terminate this agreement on the first day of July of any year, upon notice in writing to the other party of not less than two (2) calendar months prior to the day of said termination. 8. 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 the amount of fees provided, an ordinance similar to the provisions of Article 1, Division 9, Title 4, of the Codified Ordinances cl 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 chose adopted by COUNTY'S Boar' of Supervisors within one hundred and twenty (120) days after request to do so by COUNTY. The COUNTY Health Cfficer, acting on behalf of the COUNTY, may use discretion and need not request CITY to adopt amendments which do not apply to CITY. 9. For and in consideration of the rendition of the foregoing services by the COUNTY, CITY agrees that COUNTY may keep and retain any and all licenses and 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 therefrom to enable efficient enforcement of such Municipal Code Ordinance and to effectuate collections called for thereunder. 10. COUNTY shall retain all fees and revenue derived from the enforcement of the CITY Ordinance pertairing to licensing and regulatirg ambulance and convalescent transport service by COUNTY. 11. COUNTY agrees that all services furnished by it hereunder shall be in accordance with the laws of the State of California, and that it will give the prescribed notices required by law. 12. COUNTY agrees to keep such books and records and in such form and manner as the Auditor -Controller of COUNTY shall specify. Said books -3- • shall be open for examination by said CITY at all reasonable times. 13. 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, loses, 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 agreement. To the extent authorized by law, the CITY shall indemnify, hold harmless and defend the COUNTY, it 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 derrands 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 September 5, 1979 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 tha California Civil Code, as said section exists on September 5, 1979 ,hall be applicable to said provisions. Transmittal to the CITY or COUNTY, as the case may be, of any pleadings served shall i,a deemed to be a request to defend. M IN WITNESS WHEREOF, the CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO has duly approved and caused this agreement to be signed by its "1ayor and attested by its Clerk, and the County of Orange by order of its 3oard 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 a' -tested by the Clerk of said Board, all on the day and year first above written. COUNTY OF ORANGE Y CJ% -man/Board, of Supervi s ATTEST: i byg.L J e Alexander Cler1; of the Board of Supervisors of Orange County, `Caljifornia DAI LD : 00J —�ly.)C1I I APPf:OVED AS TO FORM: PD3IA„ KUYPER, COUNTY COUNSEL MEMO 1P 7 CITY of SAN JUAN CAPISTRANO , a municiple corporation b�-mac �9 K NNETH E. FRIESS, MAYOR ATTEST: by z;i/G� B`. Clerk of t' Counci DATED: September 5, 1979 APPROVED AS TO FORM: by ity Attorney DATED: September 5, 1979 r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 J� W, o ; 15 � W0o U "°16 4 1 W '10 O14 60 17 U i8 19 20 21 22 23 24 25 26 11 i i RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA October 9, 1979 On motion of Supervisor Riley, duly seconded and carried, the following Resolution was adopted: BE IT RESOLVED that this Board hereby approves the Agreements dated October 9, 1979 with the City of Irvine and the City of San Juan Capistrano regarding ambulance licensing, and authorizes the Chairman to sign said Agreements on behalf of the County of Orange, and the Clerk of this Board is directed to attest to same. AYES: SUPERVISORS THOMAS F. RILEY, PHILIP L. ANTHONY, HARRIETT M. WIEDER, EDISON W. MILLER AND RALPH B. CLARK NOES: SUPERVISORS NONE ABSENT: SUPERVISORS NONE STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) I, JUNE ALEXANDER, Clerk of the Board of Supervisors of Orange County, California, hereby certify that the above and foregoing Resolution was duly and regularly adopted by the said Board at a regular meeting thereof held on the 9th day 'of October , 19_79_, and passed by a unan=us vote of said IN WITNESS WHEREOF, I have hereunto set ' my hand; and seal this '9 h day of October 1979 'hp Clerk, -6f the Board.of:='Supe3�visors of Resolution No. 79-1479 Orange Count, �. . Ambulance Licensing Contracts ! '- Cities of Irvine & San Juan Capistrano .r Or;, AGENDA ITEM September 5, 1979 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Agreement to Provide Licensing and Regulation of Ambulance and Convalescent Transport Service (County of Orange) SITUATION At the meeting of July 18, 1979, City Council adopted Ordinance No. 388, Regulating ambulance services in the City of San Juan Capistrano. Subsequent to this action, it now becomes necessary for the City to approve the attached contract agreement for the licensing and regulating of these services with the County of Orange to expedite prompt implementation of the Ordinance. FINANCIAL CONSIDERATIONS There are no monetary costs associated with this service to the City. ALTERNATE ACTIONS 1. Approve the agreement to provide licensing and regulation of ambulance and convalescent transport service. 2. Request further information. 3. Do not approve the agreement. 1:»Cq�7ufula1�1�7e{i1MKilU By motion approve the agreement to provide licensing and regulation of ambulance and convalescent transport service and authorize the Mayor to execute the agreement on behalf of the City. (IRespectfully submitted, W. D. Mur WDM:CSF/rkh Encl. FOR CITY COUNCIL AGENDA Purpose • CITY OF SAN JUAN CAPISTTIA O (SJC) AMBULANCE ORDINANCE REGULATION To establish rules for ambulance equipment, vehicles, personnel operation and standards of dispatch. Authority City of San Juan Capistrano Ordinance, Section 18, states that the Health Officer sl.all make all necessary a -id reasonable rules and regulations subject to the comment of the City Manager and City Council,.coverinq ambulance vehicles, equipment, personnel and standards of dispatch. Rules and Regulations for Ambulance Service Operations I. Required Emergency Eauipment A. Regular Emergency Ambulance Equipment In addition to the equipment specified in the California Vehicle Code and the California Alministrative Code, the following equipment and supplies shall also be carried and maintained in good condition and operating order: 1) A demand -type resuscitator capable of delivering 100% oxygen with clear mask in adult, child and infant sizes, meeting the American Heart Association standards. A pressure -cycled resuscitator will not meet this require- ment. 2) Not less than 50 4"X4" gauze sponges. 3) Four oxygen nasal cannulas. 4) Four kidney -shaped or basin-shapod emesis containers. 0 5) Portable suction with a minimum vacuum of 10 inches of mercury and free air flow of over 30 liters per minute at the delivery tube, with a rapid draw down time. Two suction catheters with Venture valves of French sizes 10, 14, 18 and rigid pharyngeal suction tips are required. 6) Cervical collars, MINIMUM OF 1 SMALL AND 1 LARGE (OR UNIVERSAL). 7) Spine board straps shall include: a) Headband strap AVAILABLE, NOT LESS THAN lz"WIDE. b) Two nine -foot straps of NOT LESS TITAN 1" WIDE .webbed belting for each of the short and long boards with release, double "D" rings, VELCRO TYPE or equivalent. 8) Half -ring traction splint shall be a minimum of 43" long and with a minimum of a 9" ring. 9} Sterile obstetrical kit shall include sterile gloves, scissors or equivalent, sterile umbilical cord clamp or tape, sterile dressings, towels, plastic bags, and bulb syringe. 10) Four 4"X4" vaseline impregnated gauze. 11) No less than l U.S. GALLON OF WATER IN COMMERCIAL SEALED CONTAINER. 12) Humidified oxygen administered by mask, or cannula must have regulator which controls liter flow. 13) Two-way COMMERCIAL radio TO BE OPERATED ON A FCC ASSIGNED SPECIAL EMERGRNCY FREQUENCY. FOR CONTACT IA71TIT A LICENSED BASE STATION. -2- 14) One additional spare "E" or "D" 02 .tank and one additional "E" OR "D" tank with regulator which is portable. 15) All vehicles shall be equipped with a County -owned and grant maintained UHF -EMS radio when such becomes available. 16) OPTIONAL - THP•. CITY MAY REnUIRE A DIRECT RING DOWN LINE TO A DESIGNATED PUBLIC SAFETY DISPATCH CENTER. THIS LINE WOULD BE INSTALLED AND MAINTAINED AT THE AMBULANCE COMPANY'S OWN COST. B. Ambulance Design 1) The patient compartment must be of sufficient size and design to provide space for efficient operation of two paramedics and their required medical equipment plus the regular ambu- lance attendants. 2) Medical equipment must be stored to assure ready access. 3) The rear loading doorway must have a clearance of not less than 46 1/2" in height. A) Air conditioning and heating system must be provided ar.d operable in the patient compartment. 5) vehicle registration (OR FASCIMILE) and California Highway Patrol. Emergency Permit must be in the driver compartment of the vehicle. THE COUNTY LICENSE CARD (OR FACSIMILE) MUST BE CARRIED AND LICENSE DECAL DISPLAYED IN DESIGNATED LOCATION. 6) Each vehicle shall. have printed on the front or both sides of the ambulance the word"Ambulance". This required lettering shall not be less than 3;" in height and not less than 1/2" stroke. -3- 7) Existing licensed ambulances may be licensed with a variance for item B (1), (3) and (6) for a period not to exceed three years. 8) VEHICLF MUST BE MAINTAINED IN A NEAT AND CLEAN MANNER. C. Prohibited Emergency Equipment No ambualnce may carry legend drugs and devices, cardiac defibrillators or MAST suits unless prescribed for that patient or accompanied by a certified Orange County Paramedic without the specific approval of the Health Officer and then only with written assurance that use of such drugs or devices will be restricted to authorized personnel. II. Dispatch of Paramedics Unless there are decisive factors to the contrary, each operator who receives a report from a private party of a medical emergency and in the judgement of the operator is a true medical emergency, shall simultaneously notify the appropriate fire/paramedic dis- patcher in that area. Such decisive factors may include the patient's own desire not to receive paramedic level of care. III. Delivery Distributions for Emergency Patients The Orange County Emergency Medical Care Committee has certified hospitals in Orange County as Receiving Centers: This list of certified Receiving Centers is utilized by reference to establish guidelines for determining which facility a,patient shall be transported to for emergency medical care. A. Unless there are decisive factors to the contrary, (i.e., patient's own decision), the following patients being trans- ported for emergency medical care shall be taken to the nearest Receiving Center: -4- 1) Head and cervical,spine injury. 2) Comotose patient. 3) Multiple trauma. 4) Penetrating wounds of the neck, chest or abdomen. 5) Suspected heart attack. unless; a) An M.D., properly identified, orders the patient to another, reasonably close hospital and accepts full responsibility for this directive. This may be ac- complished, when possible, by phone, provided there is direct communication and no doubt of identification. b) A mentally competent patient of legal age or a person legally responsible for the patient (spouse, parent or guardian) directs the operator to proceed to another hospital and accepts responsibility for the move and signs an Emergency Transportation Authorization Form as recor:mended in this regulation. B. The following patients shall be taken to the nearest Receiving Center in cases where the ambulance attendant questions his capability to maintain life support during transit to another Receiving Center. 1) Hemorrhage 2) Airway obstruction 3) Cardiac arrest 4) Respiratory distress 5) Imminent birth, -5- 0 • C. An ambulance operator has the option of overruling everyone, except a physician or paramedic physically present or a physician that is in direct radio or phone contact, if, in his opinion, the patient's condition is too serious, or the need for prompt medical care too urgent to allow possible delay which might result from taking him to a more remote facility or to a facility with less than a Receiving Center classification. In unusual emergencies, when the operator elects to deliver the patient to a non -Receiving Center facility for life-saving measures, he should communicate with the facility by telephone to verify that a physician will be available. D. The ambulance operator may transport a patient outside of the County limits when not a paramedib initiated call and where a Receiving Center equivalent is closer. E. Use of the following form is recommended when the patient or a -responsible person directs the ambulance to a hospital which is not a Receiving Center. IV. Report of Pudic Safety Information Each operator who receives a report from a private party of an injury or medical condition resulting from a vehicle accident, aircraft accident, gunshot wound, knife wound, drug overdose, OTHER criminal activity, CALLS INVOLVING UNSUPERVISED JUVENILES, OR ANY CODE/3 RUN shall immediately report the receipt of such call and the circumstances to the LOCAL OFFICE OF THE Police, Sheriff and/or California highway Patrol as appropriate. 0 V. 'Odometer Checks 16 Every County licensed ambulance operator making any patient charges on the basis of mileage shall have the odometer of each of his ambulances checked and certified by the County Weights and Measures Department no less often than every twelve months. If the County or CITY receives a complaint regarding overcharges due to a suspected ambulance odometer error, the County may require the operator to have that suspected ambu-odometer rechecked within 15 days. When the odometer is checked, the seal shall bE: posted in a conspicious place within the ambulance. VI. Personnel Licensing A. All personnel required to be licensed under the Ambulance Ordinance shall have had a physician's medical examination on a County prescribed form within 90 days. B. All managers for licensed ambulance services shall meet existing criminal record requirements of ambulance personnel in the CITY Ambulance Ordinance. TO BE REPEATED EVERY FOUR YEARS. VII. Display of License and Ambulance Rates Each licensee shall display his license and a list of approved ambulance rates in a prominent location in each business office. VIII. Personnel Identification Each ambulance driver/attendant or attendant, licensed by the County shall wear a name badge indicating name, and name of the employing company. -7- IX. Building Insr>ection Each ambulance service shall have an inspection made of each requested licensed location by the LOCAL CITY AGENCY RESPONSI- BLE FOR COMPLIANCE with the Building Code, Zoning Code and other related codes. X. Application for New License (NEED AND NECESSITY HEARING) A. Notice of hearing and appointment of hearing officer Upon the filing of an application, the HEALTH OFFICER shall appoint a hearing officer who is a member of the staf� of Public Health and Medical Services and fix a time and place for public hearing thereon. If two (2) or more applications are on file, the Health Officer shall schedule all such applications to be heard at the same time. Written notice of the time and place of the hear- ing shall be given to the applicant or applicants and to all persons holding similar certificates or engaged in the same business in the City at least 15 days prior thereto, by either causing a copy of such notice to be delivered to the applicant(s) and above described persons personally or by mailing a copy thereof by certified or registered mail addressed to the applicant(s) at the address shown in the application and to all other persons at their last known. address. Notice shall be given to the public by posting at the Orange County Hall of Administration and San Juan Capistrano City Hall at least 15 days prior to said hearing. The notice shall be substantially in the following form: m� 0 0 "You are hereby notified that a hearing will be held before the Bearing Officer at on the day of 19 at the hour of on the application of for a Certificate of Public Health, Safety and Welfare, and Necessity to operate in the City of Sar. Juan Capistrano. You may be present at the hear- ing. You may, but need not be represented by Counsel. You may present any relevant evidence and you will be given full opportunity to rebut the testimony of all persons testifying at this hearing. "You are reminded that pursuant to the Rules and Regulations of the City Ambulance Ordinance, the applicant has the burden of proof of this hearing." B. General powers of the hearing officer The hearing officer may receive and rule on the admissibility of any evidence, hear testimony under oath, call witnesses as he may deem advisable in the course of the hearing, and may elect to hear all the applicants on the issue of convenience and necessity and then hear the individual applicants on the issue of convenience and necessity and then hear the individual applicants on the issue of fitness, etc., in the order of the filing of their applications. C. Burden of proof In the herring provided for herein, the burden of proof shall be upon the applicant to establish by clear, cogent, and con- vincing evidence that the public convenience and necessity require such operation of the service for which application has been made and that the applicant is fit and able -to perform such transportation of.persons and property as proposed in the application. D. General procedure to be followed by the hearing officer The hearing officer shall substantially follow the procedure and consider the factors set forth herein: 1) The hearing officer shall first determine whether fur- ther service of the type proposed by the applicants is required in the City of San Juan Capistrano for public health, safety, welfare and necessity. In making such finding, the hearing officer shall take into consideration the following: a) The number of ambulances already operating in the City. b) Whether existing ambulances are adequate to meet the public health, safety, welfare, convenience and neces- sity. c) The probable effect of the proposed increase in ambu- lance numbers on local ambulance conditions. d) Whether the increased serv-_ce will result in competi- tion that will be adverse to the public interest. e) The working conditions and wages paid to drivers. f) The demand of the public for additional service. g) Whether the present service is inadequate. h) Whether such a new service is recommended by the designated City Officials. 2) Thereafter, the hearing officer shall determine whether the applicant is fit and able to perform such ambulance service and to conform to the provisions of this chapter and tY e rules and safety standards established by the County of. Orange and the City of San Juan Capistrano. In making such determination, he shall take into consideration the charac- ter, experience, and responsib'lity,including financial responsibility, of the applicant and such other relevant facts as he may deem advisable. E. Report of the hearing officer The hearing officer shall within a reasonable time (not to exceed thirty (30) days from the date the hearing is closed) submit a written report to the City Council. Such report shall contain a brief summary of the evidence considered and -10- state the officer's findings, conclusions and recommendations. The recommendations shall include whether public need and necessity require additional service, and, if so, whether the applicant is fit and able. The report shall also contain a proposed decision in such form that it may be adopted by the City Council as their decision in the case. F. Disposition by the City Council The City Council may adopt, reject or modify the proposed decision :.n accordance with the standards set forth in these regulations. G. Certificate of public need and necessity - Grounds for denial - In addition to the grounds set forth governing the issuance of a certificate of public need and necessity upon which an application may be denied, the Health Officer may deny the same if it shall appear to his satisfaction that such ambu- lance or ambulances proposed to be operated are inadequate or unsafe, or that the applicant has been convicted of a felony. In the event that an application for a certificate of public need and necessity is denied by tha Health Officer and not appealed or that the appeal is denied by the CITY COUNCIL such applicant shall not apply for a certificate of public need and necessity for a period of one year following the date of such denial. Any application filed within such a one- year period by an entity over which the prior applicant has substantial control, or by any corporation where such prior -11- E applicant has a substantial ownership interest shall be deemed to be filed by such prior applicant. XI. Process for revocation of ambulance service license A. An ambulance service known or thought to be deficient in one or more of the basic requirements for continued license, may be subject to an investigation by the Health Officer or his deputy, possibly leading to a revocation of license.' THE DESIGNATED CITY OFFICIAI, WILL BE NOTIFIED OF SUCH A HEARING B. Such an investigation may be requested in writing by the Regional Paramedic Advisory Committee (RPAC) with which the subject ambulance service is affiliated, public safety agencies, or a recipient of service. C. Failure of the ambulance service to cooperate with investi- gation of the Health Officer shall be grounds for revocation of certification. However, the investigation shall, whenever possible be conducted so as to not interfere with the normal operation of the licensee. D. If the facts warrant, a hearing will be scheduled. The am- bulance service shall be notified at least 15 days prior to the hearing date. This notice may be waived in writing by the ambulance service. Such notification shall contain: 1) The date, time, place and hearing officer for the hearing. 2) The specific charges. 3) Specific person to whom the ambulance service should address any responses or inquiries. E. The Licensee shall, as a matter of right, be entitled con- tinuance of the hearing for a period not to exceed thirty calendar days. This continuance shall not deprive the Health -12- F. G Officer of the power to,suspend a license or certificate pending a hearing pursuant to Section 14 of the ambulance ordinance. The County may not obtain a continuance without a showing of good cause therefore. The ambulance service shall. have these rights: to be repre- sented; to call and examine witnesses; to introduce evidence; to cross examine opposing witnesses. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted under oath if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. Hearsay evidence may be used for the pur- pose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection -in civil actions. II. The Health officer shall have the burden of proof. No disi-- pline shall be imposed on a licensee unless it is shown by clear and convincing evidence, except as provided by Section 14 of the ambulance ordinance, that. the licensee is in violation of the ambulance ordinance. I. Following the above hearing, the hearing officer shall within 10 days report the findings of fact in writing to the Health Officer which support a recommendation to: 1) Dismiss charges; 2) Revoke licensure; or 3) Restrict licensure. -13- J. The Health Officer will then notify the subject ambulance service in writing within five days. Nothing in this regu- lation shall preclude an immediate suspension of the subject ambulance sservice's complete licensure or any portion thereof by the Health Officer or his Deputy, which shall be based on written documentation reports filed with the Health Officer, pending a hearing through the prior mentioned process, if the licensee has; 1) Violated any of the provisions of the ambulance ordinance, or any of the rules and regulations adopted pursuant thereto. 2) Discontinued operations within a response area for seven (7) days. 3) Violated any' ordinance of the County or Statute of the State of California or the United States, which violation indicates the unfitness or indifference of the holder to offer safe and adequate ambulance services or would con- stitute grounds for denial of the license. A) Committed an act which would have been grounds for denial of license. Said suspension shall not exceed sixty (60) days. K. Appeal to the Health Officer's decision may be made to the City Council in the manner described in Section 11 of the City ambulance ordinance. L. Revocation and suspension of ambulance driver/attendant.or attendant certificates shall follow the same guidelines as indicated in this section. -14-