HomeMy WebLinkAboutCounty of Mendocino 2018-05-20MEMORANDUM OF UNDERSTANDING
BETWEEN
THE COUNTY OF MENDOCINO
AND
THE CITY OF UKIAH
Cou- n2, r711, -2J'
BOS APEFMENN #„ U
This Memorandum of Understanding ("MOU") is made and entered on � Z , 018
("Effective Date"), in Ukiah, California, between the County of Mendocino "County"), a
California county and political subdivision of the State of California and the City of Ukiah
("City"), a general law municipal corporation. County or City may be referred to herein as
"Party" or collectively as "Parties."
RECITALS:
1. The California Emergency Medical Services System and the Prehospital Emergency Medical
Care Personnel Act ("EMS Act": Health and Safety Code §§ 1797 et seq.) empowers the County
to develop an emergency medical services program and designate a local Emergency Medical
Services ("EMS") agency.
2. The City of Ukiah has entered a Joint Powers Agreement ("JPA") with the Ukiah Valley Fire
Protection District ("District"). City and District, under the name Ukiah Valley Fire Authority
("Fire Authority"), jointly provide fire protection, emergency medical services and other
emergency services to the City and the District.
3. The City maintains that it has provided emergency medical services in the City since prior to
June 1, 1980, and may have a right to retain some administration of EMS in the City pursuant to
Health and Safety Code section 1797.201.
4. County has decided to establish an exclusive operating area ("EOA") in Mendocino County
pursuant to Health and Safety Code section 1797.224, excluding only the coastal areas of the
County. The proposed EOA will include the areas within the City and District boundaries as well
as areas as far east as Covelo and as far north as Leggett.
5. The County is nearing completion of a Request for Proposals ("RFP") to qualified service
providers ("Bidders") to be the exclusive emergency response ambulance service for the EOA.
6. The City cannot participate in the detailed drafting of the RFP, because of the potential
contractual relationships that may arise between the City and potential Bidders.
7. Since the County cannot legally provide the draft RFP to the City or District (a potential
subcontractor) for their review and comment before the formal RFP is released, the City and
District have not had the opportunity to fully address the provisions of the RFP that may affect
the quality of emergency ambulance service in the City and the District, the cost of service, the
impact on the City's provision of EMS in the City and the District, or other aspects of emergency
ambulance service as they may impact the City or the District.
8. To address the City's and District's concerns, the parties have entered into this MOU to
provide the City with an adequate opportunity to review the specific provisions of the RFP and to
seek changes or modifications of the RFP after it is released to Bidders while retaining any rights
the City may have pursuant to Health and Safety Code section 1797.201.
AGREEMENT:
In reliance upon the above -recitals, the parties agree as follows:
1. Upon its formal release, the City shall have fourteen (14) days to submit to the County written
comments and concerns addressing the specific provisions of the RFP.
2. If the City submits comments as provided in Section 1 of the Agreement, the County agrees
not to conduct a Responders Conference as described in Section III of the Guidelines for
Creating Exclusive Emergency Medical Services Operating Service Areas promulgated by the
California Emergency Medical Services Authority or similar meeting with Bidders, until the City
and County meet and confer in good faith to address the City's concerns, not to exceed thirty
days (30) after the release of the RFP.
3. Except as expressly provided in this Agreement, neither the City nor the County waive any
rights it may have concerning the administration of emergency medical services or its respective
authority under the EMS Act.
4. The City and the District, by this agreement, waive their right to submit a proposal to the RFP,
but retain the right to provide support or back-up services to potential ambulance service
providers that insure an adequate level of service in the City and the District.
5. Any notice given under this Agreement shall be in writing and deemed given when personally
delivered, delivered by overnight courier service, such as Federal Express, sent by email, with
acknowledgment of receipt, or 48 hours after deposited in the U.S. mail with proper first class
postage affixed thereto, and addressed to the Parties as follows:
City:
City Manager
City of Ukiah
Ukiah Civic Center
300 Seminary Avenue
Ukiah, California 95482
Email: ssangiacomoAcitvofukiah.com
With copy to:
Daniel Grebil, Administrator
Ukiah Valley Fire Authority
2
County:
County Executive Officer
Executive Office
501 Low Gap Road, Room 1010
Ukiah, CA 95482
angeloc@mendocinocounty.org
With copy to:
Bryan Cleaver, EMS Coordinator
Coastal Valleys EMS Agency
1500 South State Street
Ukiah, CA 95482
Email: dgrebil(cityofukiah.com
195 Concourse Blvd., Suite B
Santa Rosa CA 95403
Bryan.Cleaver@,)sonoma-countv.org
Each party may by notice in writing change its address for the purpose of this Agreement.
6. This MOU contains the entire agreement between the City and the County concerning the
release and modification of the RFP for the EOA and supersedes any statements, representations
or agreements that were made or entered prior to the Effective Date. This Agreement will
terminate on June 30, 2021.
WHEREFORE, the parties have entered this Agreement on the Effective Date.
3
z
04.
a
CITY OF UKIAH
COUNTY OF MENDOCIN
By: By:
S • .e - an . como Dan Hamburg, C air
ity of Ukiah Mendocino Co ty
City Manager Board of Sup isors
ATTEST:
�K
Kristine Lawler, City Clerk
Approvel.a to form:
�4ttorn
ATTEST:
Carmel gelo, Clerk of the Board
Appr i ved as to form:
Dav appo , e atharine L. Elliott, County Counsel
r
IN WITNESS WHEREOF
DEPARTMENT FISCAL REVIEW:
E 4 27y. S'itc-ISI
RT DATE
Budgeted: ['Yes ❑ No
Budget Unit:
Line Item:
Grant: ❑ Yes ❑ No
Grant No.:
CONTRACTOR/COMPANY NAME
FOR CONTRACTOR'S SIGNATURE,
PLEASE SEE PAGE 4
NAME AND ADDRESS OF CONTRACTOR:
City of Ukiah
300 Seminary Avenue
Ukiah, Ca 95482
COUNTY OF M NDOI �,fr� By signing above, signatory warrants and
/ �_ ? represents that he/she executed this Agreement in
By: his/her authorized capacity and that by his/her
DAN HAMBURG, Chair signature on this Agreement, he/she or the entity
BOARD OF SUPERVISORS upon behalf of which he/she acted, executed this
Agreement
Date: MAY 2 3 ?MIR
I hereby certify that according to the provisions of
Government Code section 25103, delivery of this
document has been made.
Deputy
Jerk of said Board
MAY23
COUNTY COUNSEL REVIEW:
APPROVED AS TO FORM:
KATHARINE L. ELLIOTT,
County Counsel
By:
,/(.07;'
-Deputy-
Date:
ty-
Date: -5/i tell fi
INSURANCE REV
IEW: EXECUTIVE OFFICE/FISCAL REVIEW:
By: By: \ 7 4 rte
Depu-iy CEO
Risk Management
Date: 4=I6'1g Date: 5=16'1 g
Signatory Authority: $0-25,000 Department; $25,001- 50,000 Purchasing Agent; $50,001+ Board of Supervisors
Exception to Bid Process Required/Completed ❑
Mendocino County Business License: Valid ❑
Exempt Pursuant to MCC Section:
5