062912
AMENDMENT NUMBER ____1______ TO
AGREEMENT BETWEEN THE COUNTY OF INYO
THE BISHOP PAIUTE TRIBE, AND CITY OF BISHOP
FOR THE PROVISION OF EMERGENCY MEDICAL SERVICES COST SHARING WHEREAS, the County of Inyo (hereinafter referred to as “County”) the Bishop Paiute Tribe, and City of Bishop (hereinafter referred to as “Parties”), have entered into an Agreement for the Provision of Emergency Medical Services Cost Sharing dated November 7, 2023, on County of Inyo Standard Contract No. ______, for the term from July 1, 2023 to December 31, 2024.
WHEREAS, County and Contractor do desire and consent to amend such Agreement as set forth below;
WHEREAS, such Agreement provides that it may be modified, amended, changed, added to, or subtracted from, by the mutual consent of the parties thereto, if such amendment or change is in written form, and executed with the same formalities as such Agreement, and attached to the original Agreement to maintain continuity.
County and Contractor hereby amend such Agreement as follows:
1. Paragraph 2.d shall be added to the Agreement as follows:
“d. Shared Costs Beginning 01/01/2025. The County of Inyo will incur additional EMS services costs for the greater Bishop, CA beginning January 1, 2025, for a maximum amount of one hundred twenty-seven thousand and fourteen dollars ($127,014), through June 30, 2025.
i. County of Inyo. The County shall contribute a maximum of seventy thousand five hundred ninety dollars ($70,590) to EMS services from January 1, 2025 through June 30, 2025, toward the cost of the EMS Agreement. ii. City of Bishop. The City shall contribute a maximum of thirty seven thousand five hundred eighty six dollars ($37,586) toward the cost the EMS Agreement. iii. Bishop Paiute Tribe. The Tribe shall contribute a maximum of eighteen thousand eight hundred and thirty-seven dollars ($17,837) toward the cost of the EMS Agreement.
COST SHARING METHODOLOGY
Entity Population Total Population % Thru. 12/31/24 1/1/25 - 6/30/25 City of Bishop 3,831 29.59% $ 102,151 $ 37,586
Bishop Paiute Reservation 1,920 14.83% $ 51,196 $ 18,837 County of Inyo 7,195 55.58% $ 191,850 $ 70,590
Total 12,946 $ 345,197 $ 127,014
”
2. Paragraph 3.b of the Agreement shall be amended by adding the following sentence to the end of the paragraph:
161
County of Inyo Standard Amendment
062912
“Should the cost of EMS Services provided for in the first amendment to the agreement, including the cost of the EMS Agreement, ultimately be less than the anticipated $127,014, due to a later entry into the EMS Agreement, an early termination of the EMS Agreement, or otherwise, the cost share of each Party to this Agreement shall be reduced proportionately.” All other terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS THEREOF, THE PARTIES HERETO HAVE SET THEIR HANDS AND SEALS THIS 5 th DAY OF November, 2024
COUNTY OF INYO BISHOP PAIUTE TRIBE
By: ____________________________________ By: __________________________________ Signature
Dated:_________________________________
___________________________________
Type or Print
Dated: ________________________________
CITY OF BISHOP
By: __________________________________
Signature
___________________________________
Type or Print
Dated: ________________________________
APPROVED AS TO FORM AND LEGALITY:
________________________________________
County Counsel
162
1 COST SHARE AGREEMENT FOR
EMERGENCY MEDICAL SERVICES CONTRACT
This Cost Share Agreement (“Agreement”) is entered into as of ______, 2023, (“Effective Date”) by and among the County of Inyo (“Inyo”), the City of Bishop (“Bishop”), and the Bishop Paiute Tribe (“Tribe”), for the purpose of allocating costs associated with emergency medical services provided to the greater Bishop, California area. The County, the City, and the Tribe are collectively referred to as the “Parties” for purpose of this Agreement.
RECITALS
1. Inyo historically arranged for emergency medical services (“EMS”) for the greater Bishop, CA area through the Inland Counties Emergency Medical Agency (“ICEMA”) joint powers authority exclusive operating area (“EOA”) non-financial agreements with a private provider.
2. In April, 2023, the most recent EOA EMS provider terminated its agreement to provide EMS services.
3. Since the termination of that agreement, Inyo and other local agencies initiated a process to establish a new EOA EMS agreement.
4. While that process is ongoing, the County entered into non-EOA EMS agreements with EMS providers in order to ensure continued EMS coverage in the greater Bishop area. The non-EOA EMS agreements since July, 2023, to date, have included a subsidy from the County to the EMS provider.
5. The Parties to this Agreement desire for the provision of advanced life support and additional EMS services for the greater Bishop, California area as set forth in the attached draft agreement between Inyo County and Cal-Ore Life Flight LLC (“EMS Provider”), or services substantially equivalent thereto (the “EMS Agreement”).
6. Inyo shall be responsible for paying the EMS Provider under the EMS Agreement and it is the intention of the parties to this separate Agreement to provide for each party’s respective share of the total payment the EMS Provider shall receive under the EMS Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the Parties do hereby agree as follows:
1. Recitals. The above recitals are adopted by the Parties as if fully set forth herein.
2. Shared Costs. The County of Inyo incurred EMS services costs for the greater Bishop, CA area since July, 2023, and intends to enter into the EMS Agreement, for a maximum cost of three hundred forty-five thousand, one hundred ninety seven dollars ($345,197), through December 31, 2024.
163
2 a. County of Inyo. The County shall contribute a maximum of one hundred ninety-one, eight hundred and fifty dollars ($191,850) to EMS services from July 2023 through December 31, 2024, including the cost of the EMS Agreement. b. City of Bishop. The City shall contribute a maximum of one hundred two thousand one hundred and fifty-one dollars ($102,151) to the EMS Agreement. c. Bishop Paiute Tribe. The Tribe shall contribute a maximum of fifty one thousand, one hundred and ninety-six dollars ($51,196) to the costs of the EMS Agreement.
3. Payment of Funds.
a. The City and the Tribe shall pay to the County their respective share of costs, on a quarterly basis (January 1, April 1, July 1, October 1) with the first payment being made within 30 days after the County provides written notice to the City and the Tribe that it has entered into the EMS Agreement. Such payment shall be made to:
Inyo County
PO Drawer N
Independence, CA 93526
Attn: Denelle Carrington
b. Should the cost of EMS Services, including the cost of the EMS Agreement, ultimately be less than the anticipated $345,197, due to a later entry into the EMS Agreement, an early termination of the EMS Agreement, or otherwise, the cost share of each Party to this Agreement shall be reduced proportionately.
c. Should another source of funding contribute to the cost of the EMS Agreement, the share of the Parties shall be reduced accordingly and proportionately.
4. Status of Parties. All acts of the parties to this agreement, their agents, officers, and employees, relating to the performance of this Agreement, shall be performed as independent contractors, and not as agents, officers, or employees of any other party. Each party to this Agreement, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of any other party to the agreement.
5. Hold Harmless. Each party to this Agreement shall hold each other harmless, defend and indemnify all other parties to the Agreement and their officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with said party’s performance of work hereunder to the extent such loss or damages which was caused by the negligence or willful misconduct of the party.
6. Amendment. This Agreement may be modified, amended, changed, added to, or subtracted from, by the mutual consent of the parties hereto, if such amendment or change is in written form and executed with the same formalities as this Agreement, and attached to the original Agreement to maintain continuity.
7. Notice. Any notice, communication, amendments, additions, or deletions to this Agreement, including change of address of either party during the terms of this Agreement, which Contractor 164
3 or County shall be required, or may desire, to make, shall be in writing and may be personally served, or sent by prepaid first class mail to, the respective parties as follows:
a. County of Inyo:
County Administrator
PO Drawer N
Independence, CA 93526
(760) 878-0292
b. City of Bishop:
City Administrator
377 West Line Street
Bishop, CA 93514
(760) 873-5863
c. Bishop Paiute Tribe:
Chief Executive Officer
50 Tu Su Lane
Bishop, CA 93514
(760) 873-3584
8. Entire Agreement. This Agreement contains the entire agreement of the parties, and no representations, inducements, promises, or agreements otherwise between the parties not embodied herein or incorporated herein by reference, shall be of any force or effect. Further, no term or provision hereof may be changed, waived, discharged, or terminated, unless the same be in writing executed by the parties hereto.
[SIGNATURES ON FOLLOWING PAGE]
165
4 IN WITNESS THEREOF, THE PARTIES HERETO HAVE SET THEIR HANDS AND SEALS THIS _______ DAY OF _______________________________, _________.
COUNTY OF INYO
By:__________________________________
_____________________________________
Type or Print Name
CITY OF BISHOP
By:__________________________________
_____________________________________
Type or Print Name
BISHOP PAIUTE TRIBE
By:__________________________________
_____________________________________
Type or Print Name
Deston Dishion
166