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HomeMy WebLinkAboutEmergency Ambulance Service AgreementContract # EMERGENCY AMBULANCE SERVICE AGREEMENT THIS AGREEMENT is made and entered into this �1 day of �C�- y .,�._ _ , 19 9 2 , by and between COUNTY OF LOS ANGELES (here- after "County ") and CITY OF ARCADIA (hereafter "City "). RECITALS WHEREAS, City has provided the primary emergency ambulance response service continuously and at the same level within its corporate territory since prior to January 1, 1981; and WHEREAS, City desires to continue to serve as the exclusive provider of primary emergency ambulance transporation service within its corporate territory in the same manner and at least at the same level as it now provides this service; and WHEREAS, County desires the continuation of emergency ambulance service by City as the exclusive provider in Arcadia. NOW, THEREFORE, the parties hereto agree as follows: 1. TERM This Agreement shall commence on the date first hereinabove written and shall continue in full force and effect to and including the 30th day of June, 1994. Said Agreement shall thereafter be automatically renewed from year to year without further action by either party unless notice in writing of a party's intention not to so renew is given to the other party at least one - hundred eighty (180) days prior to the next term. 2. ADMINISTRATION The Director of the County's Department of Health Services (County's local EMS Agency) or his authorized designee (hereafter collectively "Director ") shall have the authority to administer this Agreement on behalf of County. The City Manager of Arcadia or his authorized designee shall have authority to administer this Agreement on behalf of City. 3. CITY - COUNTY RELATIONSHIP This Agreement is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between County and City. 4. DESCRIPTION OF SERVICE City shall provide within its corporate boundaries emergency ambulance service in accordance with emergency medical services personnel and vehicle standards defined in the California Vehicle Code, in Division 2.5 of the California Health and Safety Code, and in regulations of the California Highway Patrol and of the State Emergency Medical Services Authority promulgated respectively in Titles 13 and 22 of the California Code of Regulations. 5. MONETARY OBLIGATION There shall be no monetary obligation hereunder between City or County to each other, or by County to any other entity or agency arising out of the provision of emergency ambulance service by or on behalf of City. Except as otherwise provided in this section, City agrees to waive, and will at no time assert any right to, any County reimbursement for emergency ambulance services rendered within City's territory during the term of this Agreement. - 2 - As more fully described in Paragraph 7, City shall also have the authority to establish emergency ambulance service rates and to bill non - indigents for such service. County responsible indigents (i.e., those in possession of documentation reflecting that they are County General Relief recipients or that they qualify for County Ability -to -Pay Plan eligibility) shall not be billed for emergency ambulance service by City. City shall render emergency ambulance services hereunder at no charge to County. Neither City or any of its officers, agents, employees, or independent contractors, shall be entitled to any monetary compensation or other consideration from County for any reason including, but not limited to, dry runs, custody cases, or uncollectible account cases. Notwithstanding the foregoing, in the event County receives additional money from any new funding resource specifically earmarked for the provision of emergency ambulance service throughout the Los Angeles County geographical area, City shall thereafter be entitled to its prorata share of such funds based upon a formula prescribed by the State or, if no such formula is prescribed, based upon the City's population, as found in the most current annual State Department of Finance population for Los Angeles County. 6. EXCLUSIVE PROVIDER - PRIMARY COUNTY CONSIDERATION County, acting under the authority of Health and Safety Code section 1797.224, hereby recognizes City as the exclusive - 3 - provider of emergency ambulance service within the corporate limits of Arcadia. Subject expressly to the condition and understanding set forth in the first sentence of Paragraph 15 of this Agreement, City accepts this recognition as the County's primary contract consideration under Agreement. City will continue to be the exclusive provider of emergency ambulance service within the corporate limits of Arcadia. 7. EXCLUSIVE RIGHT TO SET RATES AND TO BILL City shall have the exclusive right to establish emergency ambulance service rates for users of the City's service and to bill any private party or third party payers in accordance with such rates a fee or fees for the services provided. The amount of such rates shall be no greater than the costs for the service and shall be prescribed from time to time by City ordinance or resolution. 8. RECORDS City shall prepare, retain, and make available to Director for inspection, review, and photocopying if necessary, such ambulance and emergency medical services records as are required of ambulance and prehospital emergency care operators by the California Highway Patrol, Division 2.5 of the Health and Safety Code, the California Code of Regulations, and the Prehospital Care Policy Manual of the local EMS agency. From time to time, Director and City Manager may agree that additional records regarding the City's ambulance service shall be prepared by City and made available for review to Director. - 4 - 9. INDEMNIFICATION County shall indemnify, defend, and hold harmless City and all its officers, agents, and employees from any and all loss, damage, injury or claim, cost or expense, including reasonable attorneys' fees, caused or alleged to arise as a result of performance of any services under this Agreement by County, its officers, agents, or employees. City shall indemnify, defend, and hold harmless County and all its officers, agents, and employees from any and all loss, damage, injury or claim, cost or expense, including reasonable attorneys' fees, caused or alleged to arise as a result of the services furnished hereunder by City, its officers, agents, or employees. 10. CITY EMPLOYEE COMPENSATION/BENEFITS County does not assume any liability for the direct payment of any salaries, wages, or other compensation to any City personnel or to City contract personnel performing services hereunder. City, and not County, is liable for compensation or indemnity to any City officer, agent, employee, or to City contract personnel for injury or sickness arising out of his /her employment, to the extent such compensation or indemnity is otherwise required by law. 11. NONDISCRIMINATION Neither County, nor City, nor any City contract agency performing services hereunder, shall employ discriminatory practices in the performance of the obligations hereunder nor in the employment of personnel, or in any other - 5 - respect on the basis of race, color, sex, age, religion, national origin, ancestry, or physical or mental handicap and shall at all times act in this regard in accordance with requirements of Federal and State Law. 12. LICENSES AND COMPLIANCE WITH APPLICABLE LAW City shall obtain and maintain in effect during the term of this Agreement, all licenses, permits, and certificates required by law which are applicable to the performance of this Agreement, and shall further ensure that all its officers, agents, and employees, and independent contractors who provide emergency ambulance services hereunder obtain and maintain in effect during the term of this Agreement, all licenses, permits, or certificates required by law which are applicable. During the term of this Agreement, County agrees that the percentage increase in the rates charged to City of any County licensing, training, certification, or recertification of City prehospital care employees performing services hereunder shall not exceed the average annual cost -of- living salary percentage adjustment of County Department of Health Services' employees, as determined on or about July 1 of each year, based upon such employees' salary adjustments for the prior twelve (12) months. County further agrees that any new County licensing, training, certification, or recertification of City prehospital care employees performing services hereunder will be provided to City initially at County's cost, with annual adjustments thereafter based upon the County Department of Health Services employees' salary adjustment formula outlined immediately above. 13. NOTIFICATION OF DELEGATION If City determines to delegate or assign its primary emergency ambulance service duties, City shall provide advance written notification to County with information as to the identity of the proposed service provider. This notice requirement does not apply to separate mutual aid agreements between the parties or between City and other public agencies, and to separate back up service ambulance contracts between City and private operators. 14. VALIDITY OF AGREEMENT Both City and County waive any right to initiate and pursue a legal challenge to the validity of this Agreement. 15. CONSTRUCTION OF AGREEMENT Following the expiration, cancellation, or termination of this Agreement, County shall not construe, consider, or use the execution of Agreement by City as evidence of City acquiescense or acceptance of any County authority over the provision or regulation of emergency ambulance service within City's territory. To the extent County has any authority or responsibility for the provision or regulation of emergency ambulance service in City's territory during the term of Agreement, it is specifically delineated hereunder. Similarly, following the expiration, cancellation, or termination of this Agreement, City shall not construe, consider, or use the execution of Agreement by County as evidence of County acquiescense or acceptance of any City authority over the provision or regulation of emergency ambulance service within City's territory. - 7 - 16. NOTICES A. Notices to County shall be addressed as follows: 1. Department of Health Services Emergency Medical Services Division 313 N. Figueroa Street - Seventh Floor West Los Angeles, California 90012 Attention: Director 2. Department of Health Services Contract Program Office 600 S. Commonwealth Avenue, #202 Los Angeles, California 90005 Attention: Division Chief 3. Department of Health Services Contracts and Grants Division 313 N. Figueroa Street - Sixth Floor East Los Angeles, California 90012 Attention: Division Chief B. Notices to City shall be addressed as follows: City Manager City of Arcadia 240 W. Huntington Drive Arcadia, California 91007 IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this Agreement to be subscribed by its Chairman and the seal of said Board to be hereto affixed, and 8 - attested by the Executive Officer thereof, and City has caused this Agreement to be subscribed in its behalf by its duly authorized officer, the day, month, and year first above written. ATTEST: LARRY J. MONTEILH, Execut Officer of the Board of Su a ors of the C unty o An 1 s By Deputy APPROVED AS TO FORM: COUNTY O .% S ANGELES M Z om� r F By Chairman, Board of Supervisors APPROVED AS TO FORM: DE W =T1I' W. CL NTON MICHAEL H. MILLER Co u ty Coun7 � t f City Attorney By �f r r r r; B F �f 1 t� Depu APPROVED AS TO CONTRACT ADMINISTRATION: ATTEST: Departs -nt of Health Services City Clerk LL'1 • u� 5/13/92 AN 16 1992 - 9 - LARRY J. NONTEILH UTIVE OFFICER C. GATES, Director COUNTY OF LOS ANGELES DEPARTMENT OF HEALTH SERVICES 313 N. Figueroa, Los Angeles, CA 90012 (213) 240 -8101 June 4, 1992 EMERGENCY AMBULANCE SERVICE AGREEMENT WITH TEN CITY OF ARCADIA EXECUTIVE SUMMARY (3 Votes) Requested Action Approval of an emergency ambulance agreement with the City of Arcadia. Issues - On July 21, 1987, the Board approved a new emergency ambulance transportation program which was developed to comply with a ruling by the Court of Appeal in City of Lomita, et al. v. County of Los Angeles (1986) which held the County responsible for emergency ambulance services throughout the County, including incorporated areas. - On April 1, 1990, the County's initial 11 -zone plan was implemented for the provision of emergency ambulance services within 53 cities and the unincorporated area. - At the time, 33 cities provided emergency ambulance services with their own employees and equipment or through contracts with private providers. These cities were excluded from the initial County Request- for - Proposals process, including the City of Arcadia. - The substantive provisions of the agreement are essentially the same as the 21 other City /County agreements endorsed by the Independent Cities Associa- tion which the Board approved on nine occasions in calendar year 1991, most recently on December 17, 1991. - The City /County agreement will become effective upon Board approval, with provisions for automatic renewals each July 1st until terminated. - City /County negotiations were recently completed, and on June 2, 1992, the agreement was approved by the Arcadia City Council. - With Board approval of the Arcadia agreement, 84 of 88 cities in the county will be covered by emergency ambulance agreements. - The Department of Health Services will return to the.Board with further agreements as they are negotiated or with other recommendations to resolve the matter countywide. Fiscal Impact - There is no monetary payment between the County and the City of Arcadia. ra :05/27/92 • �lli°�M�� , ROBERT C. GATES, Director COUNTY OF LOS ANGELES DEPARTMENT OF HEALTH SERVICES 313 N. Figueroa, Los Angeles, CA 90012 (213) 240 -8101 June 4, 1992 ADOP TED BOARD OF SUPERVISORS COUNTY OF ' a$ ANGELES 0 Honorable Board of Supervisors County of Los Angeles 2 7 J 1 6 19g2 383 Hall of Administration 500 West Temple Street Los Angeles, California 90012 -.�`�. LARRY J.MONTEILH �-��• Dear Supervisors EXECUTIVE OFFICER EMERGENCY AMBULANCE SERVICE AGREEMENT WITH THE CITY OP ARCADIA This is to request that the Board approve the attached emergency ambulance service agreement with the City of Arcadia. Background On July 21, 1987, the Board approved a new countywide emergency ambulance transportation program. The new program was developed as a means of satisfying a ruling by the Court of Appeal in City of Lomita, et al. v. County of Los An a (1986) that the County is obligated to provide emergency ambulance service to all residents of the County, including persons within incorporated cities. It provided for the creation of exclusive operating zones for the provision of emergency ambulance transportation throughout the County. On November 3, 1988, the Board approved an emergency medical transportation plan which called for release of a Request for Proposals (RFP) during November, 1988, and implementation of contracts in an initial countywide eleven -zone program. Of the incorporated cities within Los Angeles County, 53 were included in the initial County eleven -zone franchise plan. At that time, 33 cities provided emergency ambulance services with their own employees and equipment or through agreements with private providers and were excluded from the County's initial RFP process. The City of Arcadia was among those excluded from franchise zones. on January 1, 1990, agreements became effective for services in five franchise zones. On April 1, 1990, agreements for the remaining six zones became effective, thus completing the initial eleven -zone plan. Honorable Board June 4, 1992 Page 2 of Supervisors On August 8, 1988 and July 3, 1990, the Board approved agreements with the cities of Los Angeles and Long Beach respectively, covering the two cities' continued provision of emergency ambulance service within their corporate limits. On January 11, 1991, the Independent Cities Association (ICA) recommended that its member cities enter into no -cost agreements which would set aside differences between the parties for the term of the agreement with respect to which entity has ultimate jurisdiction over the provision and coordination of emergency services within the respective city. As a result of the ICA - endorsement, 21 cities initially excluded from the County's RFP process have executed City /County ICA -model agreements, which the Board approved on nine occasions in calendar year 1991, most recently on December 17, 1991. Also in 1991, the Board approved County /Provider agreements with Crippen Ambulance Service and Rescue -1 Ambulance Service for transport services in the cities of Covina and Compton, respectively. Negotiations were recently completed between the City of Arcadia and the and resulted in an agreement, patterned along the lines of the ICA document, mutually acceptable to both parties. On June 2, 1992, the agreement was approved by the Arcadia City Council. The City of Arcadia Agreement The agreement recognizes the City of Arcadia as the exclusive provider of emergency ambulance service within the corporate limits of Arcadia at no cost to the County. The City retains the exclusive right to establish ambulance service rates and to bill any private party or third party for services provided, but agrees not to bill County - responsible indigent persons. The agreement will become effective upon Board approval, with provisions for automatic renewal from year -to -year until either party provides a 180 -day notice of termination prior to any July 1st. The City intends to provide the service with City Fire Department ambulance vehicles. The agreement deals solely with the emergency transportation component of prehospital care and does not address paramedic medical control issues or other County paramedic program protocol or procedural matters. With the Board's approval of the attached agreement, 84 of the 88 cities in Los Angeles County will be covered by emergency ambulance service agreements. The Department of Health Services will return to the Board with further agreements as they are negotiated or with other recommendations, if necessary, to resolve the matter countywide. s Honorable Board of Supervisors June 4, 1992 Page 3 Attachments A and B provide additional information. The agreement has been approved as to use by County Counsel. THEREFORE, IT IS RECOMMENDED THAT THE BOARD Approve and instruct the Chairman to sign the attached agreement (Exhibit I) following execution and signature by the City of Arcadia and County Counsel's approval as to form. When approved, this Department requires three signed copies of the Board's action. Very truly yours, Robert C. Gates Director of Health Services RCG:do Attachments cc: Chief Administrative Officer County Counsel Executive Officer, Board of Supervisors Auditor- Controller Sheriff Forester and Fire Warden Emergency Medical Services Commission State of California Emergency Medical Services Authority Independent Cities Association City of Arcadia CG /BL /AR7 ATTACHMENT A SUMMARY OF AGREEMENT 1. Type of Service Emergency Ambulance Transportation Service 2. Agency Address and Contact Person City of Arcadia 240 West Huntington Drive P.O. Box 60 Arcadia, California 91066 -0060 Attn: Michael H. Miller, City Attorney Telephone: (818) 574 -5407 3. T,� The City /County agreement will become effective upon Board approval and automatically renew from year -to -year unless either party provides a 180 day notice of termination prior to any July let. 4. Service Information The City /County agreement recognizes the City of Arcadia as the exclusive provider of emergency ambulance service within the corporate limits of Arcadia. 5. Financial Information There is no monetary payment between the County and the City of Arcadia. 6. Approvals Office of Contracting and Management: Toni Saenz Yaffe, Director Emergency Medical Systems Division: Contracts and Grants Division: County Counsel (approval as to use): Truman F. Chaffin, Manager Richard B. Collins, Chief Daniel D. Mikesell, Jr., Principal Deputy County Counsel CG /BL /AK7 ATTACHMENT B PAGE 1 of 2 COUNTY EMERGENCY AMBULANCE TRANSPORTATION PROGRAM 88 CITIES IN LOS ANGELES COUNTY CURRENT STATUS AS OF JUNE 4, 1992 I . 11 Exclusive Operating Area Zones Covered By Private Provider Agreements (Total: 55 Cities *) Zone A -1 Zone F -6 Agoura Hills Bell Gardens Hidden Hills Cudahy Westlake Village Huntington Park Calabasas * Paramount Malibu * South Gate Zone B -2 Zone G -7 Carson Diamond Bar Lawndale La Habra Heights West Hollywood La Puente Commerce Walnut Zone C -3 Zone R -11 Montebello Zone H -8 Baldwin Park La Mirada E1 Monte Artesia Industry Bellflower Rosemead Cerritos South E1 Monte Hawaiian Gardens Temple City Lakewood Norwalk Zone D -4 Zone I -9 Azusa Bradbury Lomita Claremont Palos Verdes Estates - Duarte Rancho Palos Verdes Glendora Redondo Beach Irwindale Rolling Hills La Canada - Flintridge Rolling Hills Estates Monrovia San Dimas Zone J -10 Zone E -5 Lancaster Palmdale Bell Santa Clarita Commerce Maywood Zone R -11 Montebello Pico Rivera La Mirada Santa Fe Springs Whittier * Original 11 -zone plan covered 53 cities. Two additional cities were incorporated in 1991 and are included in Zone A -1. ATr2ACI*iENT B PAGE 2 of 2 COUNTY EMERGENCY AMBULANCE TRANSPORTATION PROGRAM CURRENT STATUS AS OF JUNE 4, 1992 (CONT'D) II. Board Approved City /County III. Board Agenda of Exclusive Operating Area June 16, 1992 Agreements (Total: 28 Cities) (Total: 1 Cities) Alhambra Arcadia Avalon ** Beverly Hills Burbank Compton * ** * ** County /Provider Exclusive Covina * ** Operating Area Agreements: Culver City Downey Crippen Ambulance Service E1 Segundo for the City of Covina Gardena Hawthorne Rescue -1 Ambulance Service Hermosa Beach for the City of Compton Inglewood La Verne Long Beach Los Angeles City Lynwood Manhattan Beach Monterey Park San Fernando ** San Gabriel San Marino Sierra Madre Signal Hill ** South Pasadena Torrance Vernon West Covina ** Covered under other agreements: Avalon -Dept. of Beaches and Harbors; San Fernando -Los Angeles City; Signal Hill -Long Beach. IV. Pending City Adoption and /or Resolution with City and /or Provider (Total: 4 Cities) Glendale Pasadena Pomona Santa Monica SUM: 84 of 88 Cities in Los Angeles County Are Currently Covered By Agreements RBC:ds 6/4/92 Exhibit I Contract # EMERGENCY AMBULANCE SERVICE AGREEMENT THIS AGREEMENT is made and entered into this day of , 1992, by and between COUNTY OF LOS ANGELES (here- after "County ") and CITY OF ARCADIA (hereafter "City "). RECITALS WHEREAS, City has provided the primary emergency ambulance response service continuously and at the same level within its corporate territory since prior to January 1, 1981; and WHEREAS, City desires to continue to serve as the exclusive provider of primary emergency ambulance transporation service within its corporate territory in the same manner and at least at the same level as it now provides this service; and WHEREAS, County desires the continuation of emergency ambulance service by City as the exclusive provider.in Arcadia. NOW, THEREFORE, the parties hereto agree as follows: 1. TERM This Agreement shall commence on the date first hereinabove written and shall continue in full force and effect to and including the 30th day of June, 1994. Said Agreement shall thereafter be automatically renewed from year to year without further action by either party unless notice in writing of a party's intention not to so renew is given to the other party at least one - hundred eighty (180) days prior to the next term. 2. ADMINISTRATION The Director of the County's Department of Health Services (County's local EMS Agency) or his authorized designee (hereafter collectively "Director ") shall have the authority to administer this Agreement on behalf of County. The City Manager of Arcadia or his authorized designee shall have authority to administer this Agreement on behalf of City. 0. 3. CITY - COUNTY RELATIONSHIP This Agreement is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between County and City. 4. DESCRIPTION OF SERVICE City shall provide within its corporate boundaries emergency ambulance service in accordance with emergency medical services personnel and vehicle standards defined in the California Vehicle Code, in Division 2.5 of the California Health and Safety Code, and in regulations of the California Highway Patrol and of the State Emergency Medical Services Authority promulgated respectively in Titles 13 and 22 of the California Code of Regulations. 5. MONETARY OBLIGATION There shall be no monetary obligation hereunder between City or County to each other, or by County to any other entity or agency arising out of the provision of emergency ambulance service by or on behalf of City. Except as otherwise provided in this section, City agrees to waive, and will at no time assert any right to, any County reimbursement for emergency ambulance services rendered within City's territory during the term of this Agreement. =P= As more fully described in Paragraph 7, City shall also have the authority to establish emergency ambulance service rates and to bill non - indigents for such service. County responsible indigents (i.e., those in possession of documentation reflecting that they are County General Relief recipients or that they qualify for County Ability -to -Pay Plan eligibility) shall not be billed for emergency ambulance service by City. City shall render emergency ambulance services hereunder at no charge to County. Neither City or any of its officers, agents, employees, or independent contractors, shall be entitled to any monetary compensation or other consideration from County for any reason including, but not limited to, dry runs, custody cases, or uncollectible account cases. Notwithstanding the foregoing, in the event County receives additional money from any new funding resource specifically earmarked for the provision of emergency ambulance service throughout the Los Angeles County geographical area, City shall thereafter be entitled to its prorata share of such funds based upon a formula prescribed by the State or, if no such formula is prescribed, based upon the City's population, as found in the most current annual State Department of Finance population for Los Angeles County- 6. EXCLUSIVE PROVIDER - PRIMARY COUNTY CONSIDERATION County, acting under the authority of Health and Safety Code section 1797.224, hereby recognizes City as the exclusive - 3 - provider of emergency ambulance service within the corporate limits of Arcadia. Subject expressly to the condition and understanding set forth in the first sentence of Paragraph 15 of this Agreement, City accepts this recognition as the County's primary contract consideration under Agreement. City will continue to be the exclusive provider of emergency ambulance service within the corporate limits of Arcadia. 7. EXCLUSIVE RIGHT TO SET RATES AND TO BILL City shall have the exclusive right to establish emergency ambulance service rates for users of the City's service and to bill any private party or third party payers in accordance with such rates a fee or fees for the services provided. The amount of such rates shall be no greater than the costs for the service and shall be prescribed from time to time by City ordinance or resolution. 8. RECORDS City shall prepare, retain, and make available to Director for inspection, review, and photocopying if necessary, such ambulance and emergency medical services records as are required of ambulance and prehospital emergency care operators by the California Highway Patrol, Division 2.5 of the Health and Safety Code, the California Code of Regulations, and the Prehospital Care Policy Manual of the local EMS agency. From time to time, Director and City Manager may agree that additional records regarding the City's ambulance service shall be prepared by City and made available for review to Director. - 4 - 9. INDEMNIFICATION County shall indemnify, defend, and hold harmless City and all its officers, agents, and employees from any and all loss, damage, injury or claim, cost or expense, including reasonable attorneys' fees, caused or alleged to arise as a result of performance of any services under this Agreement by County, its officers, agents, or employees. City shall indemnify, defend, and hold harmless County and all its officers, agents, and employees from any and all loss, damage, injury or claim, cost or expense, including reasonable attorneys' fees, caused or alleged to arise as a result of the services furnished hereunder by City, its officers, agents, or employees. 10. CITY EMPLOYEE COMPENSATION /BENEFITS County does not assume any liability for the direct payment of any salaries, wages; or other compensation to any City personnel or to City contract personnel performing services hereunder. City, and not County, is liable for compensation or indemnity to any City officer, agent, employee, or to City contract personnel for injury or sickness arising out of his /her employment, to the extent such compensation or indemnity is otherwise required by law. 11. NONDISCRIMINATION Neither County, nor City, nor any City contract agency performing services hereunder, shall employ discriminatory practices in the performance of the obligations hereunder nor in the employment of personnel, or in any other O� respect on the basis of race, color, sex, age, religion, national origin, ancestry, or physical or mental handicap and shall at all times act in this regard in accordance with requirements of Federal and State Law. 12. LICENSES AND COMPLIANCE WITH APPLICABLE LAW City shall obtain and maintain in effect during the term of this Agreement, all licenses, permits, and certificates required by law which are applicable to the performance of this Agreement, and shall further ensure that all its officers, agents, and employees, and independent contractors who provide emergency ambulance services hereunder obtain and maintain in effect during the term of this Agreement, all licenses, permits, or certificates required by law which are applicable. During the term of this Agreement, County agrees that the percentage increase in the rates charged to City of any County licensing, training, certification, or recertification of City prehospital care employees performing services hereunder shall not exceed the average annual cost -of- living salary percentage adjustment of County Department of Health Services' employees, as determined on or about July 1 of each year, based upon such employees' salary adjustments for the prior twelve (12) months. County further agrees that any new County licensing, training, certification, or recertification of City prehospital care employees performing services hereunder will be provided to City initially at County's cost, with annual adjustments thereafter based upon the County Department of Health Services employees' salary adjustment formula outlined immediately above. 13. NOTIFICATION OF DELEGATION If City determines to delegate or assign its primary emergency ambulance service duties, City shall provide advance written notification to County with information as to the identity of the proposed service provider. This notice requirement does not apply to separate mutual aid agreements between the parties or between City and other public agencies, and to separate back up service ambulance contracts between City and private operators. 14. VALIDITY OF AGREEMENT Both City and County waive any right to initiate and pursue a legal challenge to the validity of this Agreement. 15. CONSTRUCTION OF AGREEMENT Following the expiration, cancellation, or termination of this Agreement, County shall not construe, consider, or use the execution of Agreement by City as evidence of City acquiescense or acceptance of any County authority over the provision or regulation of emergency ambulance service within City's territory. To the extent County has any authority or responsibility for the provision or regulation of emergency ambulance service in City's territory during the term of Agreement, it is specifically delineated hereunder. Similarly, following the expiration, cancellation, or termination of this City shall not construe, consider, or use the execution of Agreement by County as evidence of County acquiescense or acceptance of any City authority over the provision or regulation of emergency ambulance service within City's territory. - 7 - 16. N OTICES : A. Notices to County shall be addressed as follows: 1. Department of Health Services Emergency Medical Services Division 313 N. Figueroa Street - Seventh Floor West Los Angeles, California 90012 Attention: Director 2. Department of Health Services Contract Program Office 600 S. Commonwealth Avenue, #202 Los Angeles, California 90005 Attention: Division Chief 3. Department of Health Services Contracts and Grants Division 313 N. Figueroa Street - Sixth Floor East Los Angeles, California 90012 Attention: Division Chief B. Notices to City shall be addressed as follows: City Manager City of Arcadia 240 W. Huntington Drive Arcadia, California 91007 IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this Agreement to be subscribed by its Chairman and the seal of said Board to be hereto affixed, and 8 attested by the Executive Officer thereof, and City has caused this Agreement to be subscribed in its behalf by its duly authorized officer, the day, month, and year first above written. ATTEST: LARRY J. MONTEILH, Executive officer of the Board of Supervisors of the County of Los Angeles By Deputy APPROVED AS TO FORM: DE WITT W. CLINTON County Counsel By Deputy COUNTY OF LOS ANGELES By Chairman, Board of Supervisors CITY OF ARCADIA By Title (AFFIX CITY SEAL) APPROVED AS TO FORM: MICHAEL H. MILLER City Attorney By APPROVED AS TO CONTRACT ADMINISTRATION: ATTEST: Department of Health Services City Clerk By By Chief, Contracts and Grants Division DM:ds 5/13/92 9