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Agreement No.H 706559
MEMORANDUM OF AGREEMENT
PREHOSPITAL EMERGENCY MEDICAL CARE
ENHANCEMENT PROGRAM
THIS MEMORANDUM OF AGREEMENT (hereafter "MOA") is made and entered
into this \ S day of JUhe_ , 2015,
By and between COUNTY OF LOS ANGELES
(hereafter "County")
And CITY OF ARCADIA ON BEHALF
OF ITS FIRE DEPARTMENT
(hereafter "Provider").
WHEREAS, pursuant to the Act, County has designated its Department of
Health Services as the local EMS Agency, and
WHEREAS, pursuant to the authority granted under the Emergency Medical
Services and Prehospital Emergency Medical Care Personnel Act (Health and Safety
Code, Sections 1797.218, et seq., hereinafter referred to as Act), the County has
established and maintains, through the County's Department of Health Services' (DHS)
Emergency Medical Services Agency (EMS Agency), an advanced life support (ALS)
system for providing Emergency Paramedic Transportation Services; and
WHEREAS, under the California Health and Safety (H&S) Code, Division 2.5,
Chapter 4, Article 1, Section 1797.204 the local EMS Agency shall plan, implement, and
evaluate an emergency medical services system, in accordance with the provisions of this
part, consisting of an organized pattern of readiness and response services based on
public and private agreements and operational procedures; and
WHEREAS, under Title 22, California Code of Regulations (CCR), Division 9,
Chapter 3, Article 5, Section 100128 (a) (5) (A)—(E) requires the EMS Agency and EMS
provider to have written policies and procedures for initiating, completing, reviewing, and
retaining patient care records; and
WHEREAS, under Title 22, CCR, Division 9, Chapter 4, Article 7, Section 100170
(a) (6) (A)—(B) requires the EMS Medical Director and EMS provider to have written policies
and procedures for the initiation, completion, review, evaluation, and retention of a patient
care record; and
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Memorandum of Agreement
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WHEREAS, Provider is a Jurisdictional Fire Department or Emergency Ambulance
Transportation Service Provider and has been selected through the Prehospital Emergency
Medical Care Enhancement Program (Program) Request for Application process; and
WHEREAS, the parties agree that the MOA, as applicable, does not qualify as or
affect in any manner the Providers' California H&S Code Sections 1797.201 or 1797.224
standing, and that this MOA is solely for the purpose of establishing terms and conditions of
reimbursement by County to Provider for the purchase of a new or upgrade of an existing
electronic Patient Care Record (ePCR) System, and does not impact any of the Provider's
present or future rights under California H&S Code Sections 1797.201 and/or 1797.224.
NOW, THEREFORE, the parties hereto agree as follows:
1.0 SCOPE
1.1 Provider shall purchase a new or upgrade an existing ePCR System to assist
in the identification and facilitation of the delivery, maintenance, and
improvement of prehospital care in order to meet the delivery of Emergency
Medical Care to the sick and injured at the scene of an emergency within the
County, efficiently and appropriately.
1.2 Provider shall be responsible for the selection and procurement of a vendor
for the ePCR system that is in compliance with the EMS Agency's Policy
Nos. 602, 606, and 607, Confidentiality of Patient Information,
Documentation of Prehospital Care, and Electronic Submission of Prehospital
Data, respectively.
1.3 Provider shall purchase a new or upgrade an existing ePCR System(s)within
twelve (12) months after execution of this Agreement to receive
reimbursement by County.
1.4 Provider shall be responsible for maintaining the ePCR System purchased
through this MOA after completion of the Program.
1.5 Provider agrees to utilize the ePCR System in a manner consistent with
standards, policies, and procedures of the EMS Agency. Provider agrees
that in such utilization it shall provide prehospital care as needed without
regard to a person's ability to pay.
2.0 TERM
2.1 The term of this MOA shall be one year commencing after execution by the
Director of Health Services (Director) or his designee, unless sooner
terminated or extended, in whole or in part, as provided in this MOA.
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Memorandum of Agreement
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2.2 In any event, this MOA may be terminated at any time by either party by
giving at least thirty (30) calendar days advance written notice to the other
party.
3.0 PAYMENT AND INVOICE
Payment
3.1 The maximum amount that the County shall reimburse Provider for the
purchase of a new or upgraded of an existing ePCR System shall not exceed
$7,450.
3.2 County shall not reimburse Provider for the purchase of an ePCR System if
Provider has already received funding from a grant or any other third party
source to offset the cost of ePCR System(s).
Invoices
3.3 Provider shall submit two (2) copies of invoice(s) with vendor proof of
payment to the County that reflects and provides details, as identified in
Exhibit I for the purchase of a new or upgrade of an existing ePCR System.
Invoice(s) and proof of vendor payment shall be forwarded to County within
thirty (30) days after payment to ePCR vendor to the following address:
Department of Health Services
Emergency Medical Services Agency
10100 Pioneer Blvd., Suite 200
Santa Fe Springs, CA 90670
Attn: Kay Fruhwirth, County's Project Director
County Approval of Invoices
All invoices submitted by the Provider for payment must have the written
approval of the County's Project Director prior to any payment thereof. In no
event shall the County be liable or responsible for any payment prior to such
written approval.
County shall reimburse Provider within ninety (90) days of receipt of complete
and correct invoice(s)from Provider for the purchase of a new or upgrade of an
existing ePCR System.
4.0 COUNTY ADMINISTRATION
The Director shall have the authority to administer this MOA on behalf of the County.
Director retains professional and administrative responsibility for the services rendered
under this MOA. County's Project Director:
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Memorandum of Agreement
I
Kay Fruhwirth, County's Project Director
Department of Health Services
Emergency Medical Services Agency
10100 Pioneer Blvd., Suite 200
Santa Fe Springs, CA 90670
Telephone: (562) 347-1602
kfruhwirth(a�dhs.lacounty.gov
The County shall notify the Provider in writing of any change in the name.
4.1 County's Project Director
Responsibilities of the County Project Director include:
• ensuring that the objectives of this MOA are met; and
• providing direction to the Provider in the areas relating to County
policy, information requirements, and procedural requirements.
5.0 PROVIDER ADMINISTRATION
Provider's Project Manager
5.1.1 The Provider's Project Manager:
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The Provider shall notify the County in writing of any change in the
name or address of the Provider's Project Manager.
The Provider's Project Manager shall be responsible for the Provider's day-to-day
activities as related to this MOA and shall coordinate with County's Project
Manager on a regular basis.
6.0 GOVERNING LAW, JURISDICTION, AND VENUE
This MOA shall be governed by, and construed in accordance with, the laws of the
State of California. The Provider agrees and consents to the exclusive jurisdiction of
the courts of the State of California for all purposes regarding this MOA and further
agrees and consents that venue of any action brought hereunder shall be
exclusively in the County of Los Angeles.
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Memorandum of Agreement
7.0 INDEPENDENT PROVIDER STATUS
7.1 This MOA is by and between the County and the Provider and is not intended,
and shall not be construed, to create the relationship of agent, servant,
employee, partnership, joint venture, or association, as between the County
and the Provider. The employees and agents of one party shall not be, or be
construed to be, the employees or agents of the other party for any purpose
whatsoever.
7.2 The Provider shall be solely liable and responsible for providing to, or on
behalf of, all persons performing work pursuant to this MOA all compensation
and benefits. The County shall have no liability or responsibility for the
payment of any salaries, wages, unemployment benefits, disability benefits,
Federal, State, or local taxes, or other compensation, benefits, or taxes for
any personnel provided by or on behalf of the Provider.
7.3 The Provider understands and agrees that all persons performing work
pursuant to this MOA are, for purposes of Workers' Compensation liability,
solely employees of the Provider and not employees of the County. The
Provider shall be solely liable and responsible for furnishing any and all
Workers' Compensation benefits to any person as a result of any injuries
arising from or connected with any work performed by or on behalf of the
Provider pursuant to this MOA.
8.0 INDEMNIFICATION
Provider shall indemnify, defend and hold harmless County, its Special Districts,
elected and appointed officers, employees, and agents from and against any and all
liability, including but not limited to demands, claims, actions, fees, costs, and
expenses (including attorney and expert witness fees), arising from or connected
with the Provider's acts and/or omissions arising from and/or relating to this MOA.
9.0 NOTICES
All notices or demands required or permitted to be given or made under this MOA
shall be in writing and shall be hand delivered with signed receipt or mailed by
first-class registered or certified mail, postage prepaid, addressed to the parties as
identified in Paragraph 5.0 and copies to:
Kathy Hanks, CPM, Director
Contracts and Grants Division
313 North Figueroa Street, 6th Floor East
Los Angeles, California 90012
Addresses may be changed by either party giving ten (10) days' prior written notice
thereof to the other party.
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Memorandum of Agreement
IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles
has caused this MOA to be executed by the County's Director of Health Services and
Provider has caused this MOA to be executed in its behalf by its duly authorized officer,the
day, month, and year first above written.
COUNTY OF LOS ANGELES
itchell H. tz, M.D.
Director of Health Services
CITY OF ARCADIA ON BEHALF OF ITS FIRE
DEPARTMENT
Signature
Dominic Lazzaretto
Printed Name
City Manager
Title
APPROVED AS TO FORM: APPROVED AS TO FORM:
Mark J. Saladino
County Counselu"� n 1
Stephe P. Deitsch
Deputy County Counsel
O
By TT
Lillian Russell,
Deputy County Counsel
p-(2-ifIww, Al
City Clerk
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Memorandum of Agreement
CITY OF ARCADIA ON BEHALF OF ITS FIRE DEPARTMENT
PREHOSPITAL EMERGENCY MEDICAL CARE ENHANCEMENT PROGRAM
BUDGET
JUNE 15, 2015 - JUNE 14, 2016
County
Cost Provider Maximum
Hardware Quantity Per Unit Obligation Obligation TOTAL
Item Description
iPad Air 2 Wi-Fi +
1 Cellular 64GB 7 x $800.00 $2,800.00 $2,800.00 $5,600.00
Hardware Subtotal $2,800.00 $2,800.00 $5,600.00
• Software
Item Description
Emergency Reporting
1 Software and License 1 x $9,300.00 $4,650.00 $4,650.00 $9,300.00
Software Subtotal $4,650.00 $4,650.00 $9,300.00
Other
Item Description
x $0.00 $0.00 $0.00 $0.00
Other Subtotal $0.00 $0.00 $0.00
TOTAL COST $7,450.00 $7,450.00 $14,900.00