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
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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
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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
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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
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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)
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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
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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.
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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
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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
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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
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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.
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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.
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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:
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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,
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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.
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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.
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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:
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"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
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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
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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
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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.
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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.
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