1 AGREEMENT BY AND BETWEEN THE
2 CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY 3 AND THE CITY OF SAN MARINO FOR PARAMEDIC SERVICES
4 5 This AGREEMENT, is made and entered into this 1st _day of April , 2017, 6 by and between the Consolidated Fire Protection District of Los Angeles County, hereinafter 7 referred to as the "FIRE DISTRICT," and the City of San Marino, hereinafter referred to as 8 the "CITY."
9 WIINESSEIH
10 WHEREAS, the parties to this Agreement provide paramedic and rescue services 11 within their respective territorial limits;
12 WHEREAS, it is in the best interest of the residents of the FIRE DISTRICT and the 13 CITY to provide the most expeditious response to emergency medical incidents; 14 WHEREAS, the FIRE DISTRICT has requested and the CITY has agreed for the 15 CITY to provide emergency medical services to the FIRE DISTRICT on a reimbursable 16 basis; and
17 WHEREAS, this Agreement is authorized by Section 54981 of the California 18 Government Code and Section 20811 of the California Public Contract Code. 19 NOW, THEREFORE, in consideration of these mutual covenants, the parties hereto 20 agree as follows:
21 1. PROVISION OF SERVICES
22 A. The CITY agrees to provide, upon request from the FIRE DISTRICT, a 23 paramedic unit to the area of the FIRE DISTRICT depicted as "District FS5 Jurisdiction" on 24 Exhibit A, attached hereto and incorporated herein by this reference, hereinafter referred to 25 as the "FIRE DISTRICT AREA."
26 B. The paramedic unit from the CITY shall be staffed with no less than two certified 27 paramedic firefighting personnel.
28 C. Any operational details needed to implement this Agreement not included in this -1-
1 Agreement shall be developed by the fire chiefs of the FIRE DISTRICT and the CITY. Such 2 details shall be recorded in a Memorandum of Understanding (MOU) and signed by both fire 3 chiefs of the FIRE DISTRICT and the CITY. The MOU may be revised from time-to-time as 4 mutually agreed between the fire chiefs of the FIRE DISTRICT and the CITY. Any 5 modifications to Exhibit A shall be included in the MOU. 6 D. If the agreed-upon paramedic unit from the CITY is not available, CITY shall 7 notify the FIRE DISTRICT of its unavailability. Upon doing so, the CITY need not respond to 8 the incident.
9 HI. PERSONNEL
10 All persons employed by the CITY in the performance of the paramedic response 11 services pursuant to this Agreement shall be CITY employees, and no person employed 12 hereunder by the CITY shall have any FIRE DISTRICT pension, Civil Service, or other 13 status or right of the FIRE DISTRICT. The FIRE DISTRICT shall not be called upon to 14 assume any liability for the payment of any salaries, wages or other compensation to any 15 CITY personnel performing any services hereunder for the FIRE DISTRICT, nor shall the 16 FIRE DISTRICT assume any liability other than that specifically provided for in this 17 Agreement. The FIRE DISTRICT shall not be liable for any compensation or indemnity to 18 any CITY employee for injury or sickness arising out of his or her employment. 19 III. PAYMENT
20 A. CITY shall be compensated for the paramedic services provided to the FIRE 21 DISTRICT AREA at a rate of $454.95 per patient (per incident rate). Such compensation 22 shall be applicable whenever the CITY paramedic unit renders either basic life support or 23 advanced life support to a patient and therefore creates a patient record. 24 B. For each dispatched call either cancelled en-route or for which units on-scene do 25 not render medical aid, the CITY incurs a dispatch fee pursuant to the CITY's Verdugo Fire 26 Communications System Agreement (dispatch fee). The FIRE DISTRICT will compensate 27 the CITY the dispatch fee for all such calls into the FIRE DISTRICT at a rate of $67.00 per 28 call.
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1 C. During the month of February of each year starting in February 2018, the FIRE 2 DISTRICT and the CITY shall annually reconcile the number of incidents to which the CITY 3 responded to the FIRE DISTRICT AREA during the preceding calendar year (January 1 4 through December 31). By March 31, CITY shall send an invoice for paramedic services to 5 the FIRE DISTRICT based upon the reconciliation completed in February.
D. During the annual reconciliation process, the CITY shall make available copies of 7 incident reports for all incidents that will be billed to the FIRE DISTRICT. Such reports shall 8 include: CITY's incident number; FIRE DISTRICT's incident number; date and time of 9 incident; address of incident; and the CITY unit responded. Documentation shall indicate 10 whether the incident will be billed for medical care rendered or for the dispatch fee only. 1l E. The per incident rate and the dispatch fee shall be adjusted each year 12 to reflect the current rate for the CITY's paramedic services and the actual dispatch fee 13 incurred by the CITY. No later than October 31 of each year, CITY shall notify the FIRE 14 DISTRICT of the CITY's per incident rate and the dispatch fee for the then current calendar 15 year in writing, and the CITY's billing submitted by March 31 to the FIRE DISTRICT will 16 reflect the adjusted rates for the closing calendar year (for example, rates submitted to the 17 FIRE DISTRICT in October 2017 will be used to invoice the FIRE DISTRICT in March 2018 18 for the 2017 calendar year. Payment will be due from FIRE DISTRICT to CITY within thirty 19 (30) days of receipt of an invoice by the FIRE DISTRICT. 20 IV. CORRESPONDENCE
21 Payment of all invoices under this Agreement shall be due and payable thirty (30) 22 days from the date of invoice.
23 Invoices shall be sent to the FIRE DISTRICT at:
24 Los Angeles County Fire Department
Financial Management Division
25 P. O. Box 910901
26 Commerce, CA 90091-0901
27 28 /II
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1 General notices shall be sent to the FIRE DISTRICT at:
2 Fire Chief Daryl L. Osby
Los Angeles County Fire Department
3 1320 North Eastern Avenue
4 Los Angeles, CA 90063-3294
5 Payments and general notices shall be sent to the CITY at:
6 City of San Marino
2200 Huntington Drive
7 San Marino, CA 91108
8 Attention: Accounts Receivable
9 Either party shall notify the other, in writing, of an address change. 10 V. INDEMNIFICATION
11 A. Neither party shall be liable for the negligent or wrongful acts of the other in the 12 performance of this Agreement.
13 B. The CITY agrees to indemnify and hold harmless the FIRE DISTRICT and the 14 County of Los Angeles, their agencies, officers, and employees from any and all demands, 15 liabilities, expenses and claims for damages of any nature whatsoever including, but not 16 limited to, bodily injury, death, personal injury or property damage, including reasonable 17 attorney's fees, arising from or connected with the CITY's operations or its services in the 18 performance of this Agreement.
19 C. The FIRE DISTRICT agrees to indemnify and hold harmless the CITY, its 20 agents, officers, and employees from any and all demands, liabilities, expenses and claims 21 for damages of any nature whatsoever including, but not limited to, bodily injury, death, 22 personal injury or property damage, including reasonable attorney's fees, arising from or 23 connected with the FIRE DISTRICT's operations or its services in the performance of this 24 Agreement.
25 D. Government Code §895.6 shall not apply here.
26 VI. TERM
27 This Agreement shall remain operative and effective unless participation is 28 terminated by either party. It is further agreed that either party may terminate the agreement -4-
at any time by giving written notice to the other party at least thirty (30) days prior to the date 2 of termination.
3 VIl. FINAL PAYMENT UPON TERMINATION
4 FIRE DISTRICT shall pay the CITY for services satisfactorily provided up to the date of termination and within thirty (30) days of receipt of the final invoice by the FIRE 6 DISTRICT.
7 VIlI. LIMITATIONS
8 Neither this Agreement, nor any provisions herein contained, shall be construed 9 or considered for any purpose to constitute a third-party beneficiary agreement or create any 10 duty or duties in favor of any such third party.
11 B." No waiver of any term or condition of this Agreement shall be a continuing 12 waiver thereof. Any amendment hereto shall be in writing and signed by both parties hereto. 13 14| ||I
15 /II
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1 IN WITNESS WHEREOF, CITY has caused this Agreement to be executed by 2 its duly authorized representative; and the Board of Supervisors of the County of 3 Los Angeles, as the governing body of the FIRE DISTRICT, has caused this Agreement to 4 be executed by its Chairman and attested by its Clerk, on the day and year noted herein 5 below.
6 CONSOLIDATED FIRE PROTECTION CITY OF SAN MARINO
7 DISTRICT OF LOS ANGELES COUNTY
8 Rank fallen thoma
Chairman, Board of Supervisors Mayor, Richard Sun
10 11 MAR 2 1 2017
DATE DATE panuary 24, 2017
12 13 OR LOS ANGFIES
14 ATTEST: ATTEST:
15 LORI GLASGOW
Executive Officer-Clerk of
16 The Board of Supervisors
17 ALIFORNIA
18 apach elle mitherman
19 CITY Clerk (Acting)
20 APPROVED AS TO FORM: APPROVED AS TO FORM:
21 22 MARY C. WICKHAM
County Counsel
23 24 the They.
By By -
Scott Kuhn, Principal Deputy CITY Attorney
25 26 ADOPTED
27 PLANNINGISan ManinolBDARDAO SUPERVISORS
COUNTY OF : OS ANGELES
28 #44 MAR 2 1 2017
sgow
ORI GLASGOW
EXECUTIVE OFFICER
LAC/SAN MARINO
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This agency is not responsible for the misinterpretation of this map and makes no inference or judgment as to the relative safety of particular areas. This map does not meet national map accuracy 0 01 0.2 0.4 Miles
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