HomeMy WebLinkAboutSierra-Sacramento Valley EMS Agency - Third Amendment of the JPA Agreement Menchaca, Clarissa
From: Amy Boryczko <Amy.Boryczko@ssvems.com>
Sent: Thursday, April 12, 2018 2:40 PM
To: Clerk of the Board;Admin Front Desk; Colleen Setzer(colleen@sisqvotes.o,rg); Colusa
County(boa rdclerk@cou ntyofcol usa.org); Glenn County; GlIenn County 2; Nevada
County; Placer County; Shasta County; Siskiyou County2; Sutter County;Tehama County
(aford@co.tehama.ca.us); Yuba County (rferris@co.yubaca.us)
Subject: FW: Memo
Attachments: 2018 2019 JPA Amendment to member counties.docx; 2018 JPA Third amendment -
redline version.cloc
Please see attached.
Many thanks,
Amy
A" 13orqc�zko-
Administrative Secretary
Sierra-Sacramento Valley EMS Agency
5995 Pacific Street, Rocklin, CA 95677
Main: 916.625.1702 1 Desk: 916,.625.1712 1 Fax: 916.625,17201
WNVW.ssVemS.c01n
Serving the Counties of., 110.cer, Yubo, Nevotio, Sulter, Butte, Colusa, Shoslo, Teh(mw, S'iskiyou & ("Ierin
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SIERRA-SAS RAMENT'O VALLEY EMERGENCY MEDICAL SERVICES AGENCY
Serving the counties of Butte,, Colusa, Nevada, Placer, Shasta, Siskiyou, Sutter, Tehama, Yuba & Glenn
TO: JPA Member Counties
FROM: Vickie Pinette, Executive Director
DATE: April 11, 2018
RE: Third Amendment of the JPA Agreement
Attached for your records is a red-line version of the Third Amendment of the JPA Agreement. The JPA
Governing Board will be asked to ratify this Agreement at the regularly scheduled meeting on May 11, 2018,
Please contact me with any questions. I can be reached at 916-625-1701.
5995 Pacific Street 2775 Bechelli Lane
Rocklin, CA 95677 Redding, CA 96002
916-625-1702 530-722-6617
916-625-1720 (fax) Page 1 of 1 530-222-3007 (fax)
THIRD AMENDMENT AND RESTATED JOINT EXERCISE OF POWERS
AGREEMENT FOR THE PURPOSE OF CONTINUING A REGIONAL EMERGENCY
MEDICAL SERVICES AGENCY AND PROVIDING FOR THE CONTINUED
IMPLEMENTATION, OPERATION AND MANAGEMENT OF AN EMERGENCY
MEDICAL SERVICES SYSTEM IN THE COUNTIES, OF BUTTE, COLUSA, GLENN,
NEVADA, PLACER, SHASTA, SISKIYOU, SUTTER, TEHAMA AND YUBA, STATE OF
CALIFORNIA
THISAGREI.;"Ml�'INT, dated for convenience, the First day of February —, 2018,
by and between the Counties of Butte, Colusa, Glenn, Nevada, Placer, Shasta, Siskiyou, Sutter,
1'ehatria and Yuba, each a political subdivision of the State of California (herein, collectively referred
to as "Member Counties" or individually as "Merriber County").
RECITALS
WHEREAS, under the provisions of the Government Code, State of California (Section
6500, et ,"c .), the parties hereto may jointly,exercise powers common to all; and
WHEREAS, there now exists Nvitliin the area of jurisdiction of the parties hereto, an urgent
and demonstrated need for the continuation of a Regional P'IMS Agency and an l"'inergency Medical
Sere rice sve Emergency Medical Services and to
. MS) program in order to continue and impro
Jointly undertake necessary solutions; and
WHEREAS, the parties hereto desire to delineate Local EMS Agency responsibilities in
accordance with the Emergency Medical Services System and the Prehospital Emergency Medical
Care Personnel Act (Section 1797, et Lc1q. of the California Health and Safety Code) hereinafter
called the "Act," and participate in Joint Powers Agency hereafter established.
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NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions
hereinafter contained, the parties hereto agree as follows:
ARTICLE I
PURPOSE AND CREATION
The purpose of this Agreement is to provide unified planning and coordination of a
Regional Emergency Medical Services System by and through a Joint Powers Agency and for that
agency to perform the duties and responsibilities of local EMS agency for the Member Counties in
their ongoing operation and management of county emergency medical services systems.
There is hereby created pursuant to the Joint Exercise of Powers Act an agency to be known
as the Sierra-Sacramento Valley Emergency Medical Services Agency, herein referred to as
"Agency." For the purpose specified in this Agreement, the Agency shall be an entity separate from
the parties to this Agreement.
ARTICLE II
TERM
A. This Agreement shall become effective as of the date upon which all member counties have
approved it and shall continue in Rill force and effect until terminated by mutual agreement
of the parties hereto. In the event that a county or counties withdraw from the Agency
("Withdrawing County"), as per the term and conditions set forth in ARTICLE VI of this
Agreement; and, if the remaining Member Counties desire to continue the Agency, the
Withdrawing County (or counties) shall be removed from the Agreement, and it shall not be
necessary to cause a new agreement to be executed by the remaining counties.
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B. If all Member Counties agree to tern-linatc this Agreement, any money or assets, except
funded equipment in possession of the Agency for use under. this Agreement, after payment
of all liabilities, costs, expenses and charges incurred under this Agreement, shall be returned
to the counties in proportion to their contributions determined as of the time of termination.
All funded equipment shall be disposed of in a manner prescribed by the appropriate grantor
Agency.
ARTICLE III
FUNDING
A. Member. County Contributions
As N,Icmber Counties, we acknowledge the need for stabilization of funding in order for the
Agency to perform required duties. Each Member. County shall provide the Agency with an
annual base contribution of $10,000. In addition to the base contribution, the Member
Counties agree to provide the Agency with an additional contribution of 42 cents Per capita,
or as determined by the Agency board by Resolution. Member county's current population
figures shall be based upon figures obtained from the Demographic Research Unit,
Department of Finance, State of California.
The fi±-it payinent of the totftl eounty eontribution shall. be bftsed on the pr-ev.ous, y_elaf's
eont-fibution and shall be due and payable no latet than .Attgust 1. The seeefid imayi. ent of
JIM
the eeunt-veon"ib"tion shall be based on etift-efif eotifity populat-ion and- shah be due and
payable no later than, February 1. Payment of the count), contribution as calculated above
shall be due and payable within 30 days, of Member County's receipt of an invoice from the
Agency.
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State Funding
The Agency shall annually apply for regional funding from the State Emergency Medical
Services Authority. This shall include, but not be limited to, State general fund grants,
Federal block grants and any special project grants.
ARTICLE IV
GENERAL POWERS
A. Board of Directors
1. The Agency shall be governed by a Board of Directors, herein referred to as
"Board," composed often-voting members as follows: One (1) representative of the
Board of Supervisors of each Member County. Each such)PA Board member shall
be selected by and serve at the pleasure of the Member County's Board of
Supervisors represented by such representative.
2. Any Supervisor of a member county's board may serve as an alternate. Such
alternate shall vote only in place of their absent representative. Each member shall
have an equal vote.
3. The Agency shall have a £ull or part-time California licensed physician and surgeon
as Medical Director, who has substantial experience in the practice of emergency
medicine, to provide medical control and to assume medical accountability
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throughout the planning, implementation and evaluation of the EMS System. Such
physician shall act as the Medical Director of the local EMS agency pursuant to the
Act for member counties and counties with whom the Agency contracts with for
such services.
4. The Agency shall employ a Regional Executive Director and fix his/her salary.
He/She shall serve at the pleasure the Board of Directors. It shall be the
responsibility of the Regional Executive Director to employ and discharge staff.
Agency positions are established by the Board.
5. The Board of Directors of the Agency shall provide for its regular meetings. One
meeting every other month shall be held. Special meetings may also be called if
needed. One of the regular meetings shall be designated as the annual meeting at
which time a review of the Joint Powers Agreement may take place. The annual
meeting shall 'include the election of officers and other business as deemed necessary
by the Board. The meetings shall be held in compliance with the Ralph M. Brown
Act (Government Code, Section 54950 et s,N.). Notice of regular meetings and the
agenda shall be posted in a public location at least 72 hours in advance of said
meetings.
6. The Regional Executive Director of the Agency shall cause to be kept minutes of the
regular, adjourned regular and special meetings of the Board of Directors and shall,
as soon as possible after each meeting, cause a copy of the minutes to be forwarded
to each member and alternate of the Board.
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7. A majority of the membership of the Board of Directors shall constitute a quorum
for the transaction of business, except that less than a quorum may adjourn from
time to time. The affirmative vote of a majority of the members shall be required for
the approval of any motion/resolution as to which action of the Board is required.
8. Any vacancy of a regular or alternate member of the Board shall be .filled by the
authority which made the appointment.
9. Members of the Board shall serve without compensation, but shall receive
reimbursement from the Agency for actual and necessary expenses incurred when on
official duty for the Agency (including a stipend and mileage for travel to and from
meetings of the Board, unless otherwise provided by the member's county). No
member of the Board may be compensated for any service to the Agency except as
provided in this section. Nothing herein shall be construed to prohibit member
counties from compensating their Members or alternates for services on the Board.
10. Reimbursement for expenses shall be made by the Agency upon submittal of proper
documentation.
B. Other Officers
The Treasurer and Auditor of the County of Placer are designated as Treasurer and Auditor
respectively by each member county to act on behalf of the Agency and to be responsible
for fiscal management under the terms of this Agreement. Said county shall be entitled to
receive project indirect costs as agreed upon between the Board and Placer County.
C. Contracts
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In order to achieve the purpose of this Agreement, the Agency may make and enter into
contracts, including contracts with public and private organizations and individuals, employ
agents and employees, secure necessary services and materials in accordance with grant
awards, and sue and be sued in its own name. No contract of the Agency may extend
beyond the term of this Agreement and any renewals thereof. As set forth in Section IV.D,
no party to this Agreement shall be responsible for any debt or obligation of the Agency.
D. Liability
No expense shall be incurred in excess of available funds for the establishment and
operation of the Agency established pursuant to the Joint Exercise of Powers Act without
prior written approval of the Member Counties. The Agency shall indemnify, defend and
hold harmless each of the Member Counties and their authorized officers, employees, agents
and volunteers from any and all claims, actions, losses, damages and /or liability arising from
the Agency's acts, errors or omissions and for any costs or expenses incurred by the Member
County(ies) on account of any claim therefore, except where such indemnification is
prohibited by law. The Agency shall obtain liability insurance containing limits of liability in
such amount as the Board of Directors determines is necessary to cover the risk of liability
incurred by the activities of the Agency. The Agency shall cover all employees with
Workers' Compensation Insurance. The debts and obligations of the Agency are not and
shall not become debts or obligations of any of the parties to this Agreement. No party to
this Agreement shall be responsible for any debt or obligation of the Agency.
E. Grants
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The Agency may,with Board approval apply for and receive State, Federal,local government
and private organizational grants, and may receive contributions or donations from any
source for the implementation of the purposes of the Agency as stated herein. The Agency
may earn and expend income for activities undertaken for its purpose.
F. Bylaws
The Board of Directors of the Agency shall adopt bylaws for the governing of the Agency
and for the conducting of the business of the Board. Such bylaws shall make provision for
an annual independent audit. Such bylaws shall also provide for the operation of Agency
programs including the compensation and privileges of the employees of the Agency. Such
bylaws shall also provide for an annual report of the activities to be made to the Board of
Supervisors of the counties which are parties thereto, which report shall include a specific
itemization of all revenues and expenditures of the Agency, including the annual audit
report, an itemization of employee benefits paid and all expenses that have been allowed to
employees of the Agency. The Board of Directors shall elect a Chairperson and Vice-
Chairperson to serve for one year and shall also appoint a Secretary who need not be a
member of the Board.
G. Governing Law
Pursuant to Section 6509 of the Government Code, the powers of the Agency are subject to
the restrictions upon the manner of exercising the power of the County of Placer.
ARTICLE V
REGIONAL EMERGENCY MEDICAL SERVICES SYSTEM ADMINISTRATION
A. Aged ncy Designation
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The Agency is designated as the Local EMS Agency by each signatory to this Agreement.
B. Agency Authorization
The execution of this Agreement acts as a delegation to the Agency by each signatory of all
the California Health and Safety code, Division 2.5 functions, and the Agency shall act as the
Local EMS Agency as to each function.
C. Designated Agency Functions
Within the territorial jurisdiction of each county signatory to this Agreement, the Agency
shall perform the functions set forth in California Health and Safety Code, Division 2.5 (Cal
H&S Code Section 1797 et seq., as currently written, or as may be amended, as well as the
following:
1. The Agency may develop a schedule of fees for testing and certification in an
amount sufficient to cover the actual cost of administering the certification process.
2. The Agency shall provide an organizational and committee structure which fosters
interagency coordination and maintains an effective working relationship between
individuals and groups.
3. The Agency shall provide liaison with county Emergency Medical Care Committees
and providers to plan effective program variations which meets specific county
provider and patient needs.
4. The Agency shall periodically reassess facilities to assure that listed treatment
capability is current and modifications of triage and treatment guidelines reflect
current medical practice.
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5. The Agency shall perform legislative activities on behalf of the member counties at
the state and local levels.
6. The Agency shall research availability of funds, institute applications where
appropriate, and manage budgets in accordance with regional policies and specific
requirements of funding sources.
7. The Agency shall facilitate intercounty and interregional response and transport of
patients.
8. The Agency shall comply with all other relevant requirements as stated in the Act.
9. The Agency may contract with any organization to provide any relevant service of
function authorized by the Act.
10. The Agency may have other powers and responsibility authorized by the counties.
ARTICLE VI
WITHDRAWAL
A. Any signatory to this Agreement may withdraw by giving written notice to all the other
signatories a minimum of six (6) months prior to the end of the fiscal year in which such
notice is given. Withdrawal shall be effective at the end of the fiscal year unless otherwise
specified in this Agreement.
B. Equipment and Funds. Upon withdrawal of a Member County, any money or assets,
including funded equipment in possession of the Agency for use under this Agreement shall
remain with the Agency, except that the Board of Directors in its sole discretion,may permit
a Withdrawing County to retain emergency medical care equipment secured through the
Agency if the Board determines that such equipment is needed for the medical care of
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residents of the Withdrawing County. For situations arising that are not covered by the
alcove guidelines, the Withdrawing County and the Board of Directors of the Agency= may
enter into a contract settling the terms and conditions of withdrawal. A Withdrawing
County shall not be entitled to, any further distribution oaf Agency property or funds.
C. Paytnent of OtheT Pastemplayment Benefits (OPEB) arising during the term of thisjPA.
The Mei-ftbei- Counties agree that if a meraber- Gottety with&vaws ftofn the')PA, there wi
R SUI-9equent increase in OPEB liability for the other member G-eunties. As ft
Gountyshall, prior to withdrawal ftom the jP.A,
County's pay an amount ealettlated-by
Withdfawing
and rntatil3l)ifig that share by
,.
number- of yefir-s tho Gottfity has been ft tnembef of the JPA (partial years shaH be r-oun
up to the next full nufnbe�. Payment of Other Postemplloyment Benefits (C71'EB) arising
during the term of this JPA, The Member Counties agree that if a inei-nber C our1q,
withdraws from the JRA, the withdrawing County shall, prior to withdrawal from the JPA,
fad; the Withdrawing County's pro-rata share. Should an unfunded liability exist the.
Withdrawing County shall pay the pro-rata share of unfunded liability.
ARTICLE VII
FISCAL. YEAR
For the purposes of this .Agreement, the term "fiscal year" shall mean the period from July 1
to and including the following_June 30"'
ARTICLE VIII
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CLAIMS
All claims against the Agency including but not limited to claims by public officers and
employees for fees, salaries, wages, mileage or other expenses, shall be filed within the time and in
the manner specified in Chapter 2 (commencing with Section 910) of Part 3, Division 3.6 of Title 1
of the Government Code or in accordance with claims procedures approved by the Auditor —
Controller of the Agency and established by the Board of Directors pursuant to Chapter 5
(commencing with Section 930) or Chapter 6 (commencing with Section935) of said Part 3 of the
Government Code. The Board of Directors shall adopt a regulation requiring that all claims shall be
so filed.
ARTICLE IX
ALLOWANCE OF CLAIMS BY AUDITOR- CONTROLLER
A. The Auditor-Controller of Agency shall audit and allow or reject claims based on the budget
and without the prior approval of the Board of Directors in any of the following cases:
I. Expenditures which have been authorized by purchase orders issued by an office of
the Agency authorized and approved by the Board of Directors to make such
purchases.
2. The Auditor-Controller shall require the certificate of the requisitioning or receiving
officer that the articles or services have been received or contracted for in
accordance with the prior authorization of the Board.
ARTICLE X — ADDITONAL PROVISIONS
A. This Agreement supersedes the Agreement of February 1, 2010, by and between the
counties of Butte, Colusa,Nevada, Placer, Shasta, Siskiyou, Sutter, Tehama,Yolo, and Yuba,
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and all forerunners and amendments thereof All rights, duties, liabilities, obligations and
assets of the Sierra-Sacramento Valley Emergency Medical Services Agency pursuant to said
Agreement are hereby assumed by the Sierra-Sacramento Valley Emergency Medical Services
Agency pursuant to said Agreements are hereby ratified and conf=ed. It is not the
purpose of this Agreement to do away with the Sierra-Sacramento Valley Emergency
Medical Services Agency,but rather to amend its powers, and place it in compliance with the
requirements as stated in Part 1 of Division 2.5 (commencing with Section 1797) of the
Health and Safety Code.
B. Performance of Functions by County. Agency shall be the sole Local Emergency Medical
Service Agency for each and every Member County, and shall perform the services
enumerated in this agreement. However, Agency and the Member County may enter into
such contracts allowing the Member County to perform any function or functions delegated
to Agency by this Agreement at the time of its signing.
C. This Agreement may be amended at any time by the mutual agreement of the parties hereto.
COUNTY OF PLACER COUNTY OF GLENN
Chairman Date Chairman Date
Board of Supervisors Board of Supervisors
COUNTY OF YUBA COUNTY OF SUTTER
Chairman Date Chairman Date
Board of Supervisors Board of Supervisors
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COUNTY OF NEVADA COUNTY OF COLUSA
Chairman Date Chairman Date
Board of Supervisors Board of Supervisors
COUNTY OF BUTTE COUNTY OF SHASTA
Chairman Date Chairman Date
Board of Supenisors Board of Supej.xisors
COUNTY OF SISKIYOU COUNTY OF TEHAMA
Chairman Date Chairman Date
Board of Supervisors Board of Supervisors
APPROVAL AS TO FORM APPROVAL AS TO FORM
Brian Wirtz Date Arthur J. Wylene Date
Counsel for JPA Governmilz Board of Assistant County Counsel
Directors County of"Tehama
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