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BOARD OF SUPERVISORS
COUNTY OF BUTTE, STATE OF CALIFORNIA
~t'S~IU{lOtl ~'0. 96-40
EMERGENCY MEDICAL SERVICES:
MODIFICATION OF RESOLUTION No. 94-12
EXCLUSIVE OPERATING AREAS
WHEREAS, Health & Safety Cade Section 1797.200 provides that each
county may develop an emergency medical system (EMS) program and that each
county developing such a program designate a local EMS agency which shall
be the County Health Department or other designated agency; and
WHEREAS, the County has designated Norcal EMS as its local EMS agency;
provided, that issues relating and regarding the establishment of exclusive
operating areas, the installation of operators in Chase areas and the
implementation of a competitive bid process are retained by the County of
Butte, and thus, with respect to the establishment of the exclusive
operating areas, the installation of operators within those areas and the
implementation of a competitive bid process, the local EMS agency is the
Butte County Health Department; and
WHEREAS, Health & Safety Code Section 1797.204 requires the local
agency to plan, implement and evaluate an emergency medical services system
consisting of an organized pattern of readiness and response of services
based on public and private agreements and operational procedures. Among
the mandatory subject of the local EMS plan is transportation of emergency
medical patients; and
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WHEREAS, the County of Butte and Norcal EMS have prepared an EMS plan
and have submitted the same to the State Emergency Medical Systems
Authority; and
WHEREAS, Health & Safety Code Section 1797.224 provides to the County
of Butte Health Department, as the local EMS agency with respect to the
establishment of exclusive operating areas, the installation of operation
areas within those areas and the implementation of a competitive bid
process, the authority to create one or more exclusive operating areas in
the development of a local plan. This section further provides that no
competitive bid process is required for the selection of exclusive
operators within exclusive operating areas if the local EMS agency develops
or implements a local plan that continues the use of existing providers
within the county in the manner and scope in which services have been
provided without interruption since January 1, 1981; and
WHEREAS, in June of 1992, in the development of a local plan, the
Butte County Health Officer, acting on behalf of the local EMS agency, the
County of Butte Health Department, formally established exclusive operating
areas within the county and further installed the then and now current
operators within those exclusive operating areas as the exclusive EMS
providers within and for those exclusive operating areas; and
WHEREAS, the findings and conclusions of the County Health Officer,
on behalf of the local EMS agency set forth on June 2, 1992 were submitted
to the State Emergency Medical Services Authority on June 5, 1992; and
WHEREAS, by Resolution No. 94-12 the Butte County Board of Supervisors
approved of the foregoing findings and conclusions and further approved a
formal amendment to the local EMS plan creating the exclusive operating
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zones and establishing the then and now current operators in those areas
as exclusive operators; and
WHEREAS, the local EMS plan was amended as set forth above; however,
at that time it was contemplated that a competitive bid process would be
implemented in sequential fashion, such sequence set forth in the above-
mentioned resolution; and
WHEREAS, the County Health Officer, in conjunction with Norcal EMS and
the Emergency Medical Care Committee (EMCC), on behalf of the local EMS
agency responsible for the establishment of the exclusive operating areas,
the installation of operations within those areas and the implementation
of the competitive process, has concluded that the development and
implementation of a competitive bid process is not in the best interests
of the citizens of the county at this time and would not serve the policy
of the EMS Act which is to ensure the provision of the effective and
efficient emergency care has so formally stated and has so amended the
local plan in conjunction with Norcal EMS; and
WHEREAS, the EMS Act unequivocally establishes that the local EMS
agency, not the Board of Supervisors, may establish an exclusive operating
area as such a decision is a professional, not a political determination;
NOW, THEREFORE, BE IT RESOLVED, that:
1. The schedule providing for a competitive bid process is set forth
in Resolution 94-12 is hereby rescinded;
2. Any portion of the EPg20 which is inconsistent with the local EMS
plan is to be superseded by the plan;
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3. The Health Officer, or designee, prepare a report to this Board,
annually, of the performance of each exclusive operator.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte,
State of California, on the 23r~1 day of npril 1996 by the following
votes:
AYES: Supervisors Dolan, Roux, Thomas and Vice-Chair Meyer_
NOES : None
ABSENT: Chair McLaughlin
NOT VOTING: None ,~
,,~- `_
by, _ ~ ~-;~r. ~%~%rFr~ r'~_- Vivian Meyer, Vice-Chair
ED McLAUGHLIN, Chy r
Butte County Board of Supervisors
ATTESTED:
JOHN BLACKLOCK
Chief Administrative Officer
and the Clerk of the Board
By: ~
(resoluti\norcal.res)
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