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Home My WebLink About0672V. ORDINANCE NO. 672 (1976 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO TRANSFERRING AND CONSOLIDATING AMBULANCE REGULATORY FUNCTIONS TO THE COUNTY OF SAN. LUIS OBISPO. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Pursuant to the provisions of City Charter Section 903, and in accordance with the Joint Powers Agreement approved on May 5, 1976, the City hereby transfers and consol- idates its ambulance regulatory functions to the County of San Luis Obispo. It is understood that the County will regulate said functions in accordance with all applicable laws, including San Luis Obispo County Code Chapter 6.60, Ambulances, and the Emergency Medical Response Manual for the County, as they are now, and as they may hereafter be amended. SECTION 2. This Ordinance, together with the.ayes and noes, shall be published once in full, at least three days prior to its final passage, in the Telegram- Tribune, a news- paper published and circulated in said City, and the same shall go into effect at the expiration of thirty days after its said final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at an Adjourned Meeting thereof held on the 5th day of May, 1976, on motion of Councilman Gurnee, seconded by Councilman Petterson and on the following roll call vote: • Ordinance No. 672 2 (1976 Series) AYES: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Norris ATTEST: C' y Clerk W, FINALLY PASSED this 17th day of May 19 ZfL_, by the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None ATTEST: CL RK J.H. FITZPATRICK r C NTRACT DEFUVY THIS CONTRACT entered into this srh day of May 1976, by and bet�,reen the CITY OF SAN LUIS otispo , a general law city located in the County of San Luis Obispo, .State of California (hereinafter called "Cit.y "), and the COUNTY OF SAN.LUIS OBISPO, a political subdivision and one of the counties of the State of California (hereinafter called "County "); WITNESSETH: WHEREAS, County has duly adopted an Ambulance Ordinance as set forth in Chapter 6.60 of the County Code,.and pursuant to such Ordinance County has also duly adopted an Emergency Medical Response Manual (hereinafter called "EP'1RM "), and WHEP,EAS, in order to have uniform ambulance operation procedures in the entire County of-San Luis Obispo, it is neces- sary that all cities within the County of San Luis Obispo, and the County, enter into contracts pursuant to Government Code Sections 51300 through 51303, inclusive, for the performance by the appropriate County officers and employees of the cities' ambulance functions, and WHEREAS, Government Code Section 38794 also. permits City to contract for ambulance service to serve the residents of City as convenience requires,.and WHEREAS, it is in the interest of the taxpayers and.residents of the County and of such cities, and it is in the public' interest, that such contracts be.entered into by County and such cities. d0!•1, THEREFORE, in consideration of the mutual covenants, conditions, promises and agreements herein set fcrth, City and County hereby mutually covenant and agree as follows: 1. —'a'—the recitals set forth ',e inabove are true, • correct and valid. 2. That pursuant to Government Code Sections 51300 through 51308, inclusive, and to Government-Code Section 38794, County shall by its appropriate officers and employees.perform within' City all of City's ambulance functions, including, but not limited to, those referred to in Government Code Section 38794. 3. That City and County hereby agree that during the term of this Contract, the provisions of the County A ^.bulance Ordinance (namely, Chapter 6.60 of the County Code) and as hereafter amended, and of the EMRM and a,s hereafter amended, shall be and.are in full force and effect within City; and Chapter 6.60 of the County Code and as hereafter amended, and the EMRM of County and as hereafter amended, are both hereby expressly incorporated herein by reference as though here fully set forth. 4, The term of this Contract shall be for five (5) years from and after the date set forth hereinabove, and such term shall be automatically -renewed for additional periods of five (5) years each unless the legislative.body of either County or City votes not to renew the term at a meeting more than one (1) year before the expiration of any five year period and duly notifies the other party hereto within thirty (30) days after such vote. .5. The following County officers and employees shall exercise within City the powers, duties and functions hereinafter specified: a.. The San Luis Obispo County Emergency Medical Care Committee shall exercise within City all of the powers,, duties and functions conferred on such Committee by such Chapter 6.60 and as hereafter amended, and by the EMRIN1 and a's hereafter amended, -2= to be exercised with CounLy. b. The County Sheriff as the EMP.M licensing agency shall exercise within City all of the powers, duties and functions.-conferred on such Sheriff by such Chapter 6.60 and as hereafter amended, and by the EHRM and 'hereafter amended, to be exercised with- in County. C. The County Central Dispatch Center shall exercise within City all of the powers, duties, and functions conferred on such Center by such Chapter 6.60 and as hereafter amended, and by the EMRXi and as hereafter amended, to be exercised within County.. d. The Board of Supervisors of County shall exercise within City all.of the powers, duties and functions conferred on such Board by such Chapter 6.60 and as hereafter amended, and by the P,RM and as hereafte amended, to be exercised within County. e. The County Communication Director shall exercise within City all of the p.owers, duties and functions conferred on such Director by such Chapter 6.60 and as hereafter amended, and by the E.MR11 and as hereafter amended, to be exercised v,,ithin County. 6. This Contract may only be amended or repealed by the mutual written agreement of both parties hereto. 7. It is understood and agreed by County and City that City shall have no obligation or duty pursuant to this Contract to pay any money to County for any purpose hereunder. 8. . County shall defend, indemnify and save harmless City -3- and its c, rs, agents and employe om and against any and all claims, demands, liability, costs, expenses,, judgments, causes of action and damages, arising in any manner out of this Contract or out of the performance or attempted performance of the pro - visions hereof, including but no.t limited to any act or omission to act on the part of.County or its agents or employees or in- dependent contractors directly responsible to County.. 9. Neither party hereto shall assign or transfer this Contract or any interest herein without the prior written consent of the other party, except as may be otherwise specifically per- mitted by such Chapter 6.60 and as .hereafter amended or by such EPIRM and as hereafter amended. 10. This Contract shall be binding on the assigns, transferees and successors of the parties hereto. 11. No waiver by either party.hereto of any failure by the other party to comply with any term or condition hereof, shall be or shall be deemed to be a waiver by such first party of any similar or other failure by such other party to comply kith any term or condition hereof. In witness whereof, City and County have executed this Contract on the day and year first hereinabove set forth. C i t By . County of San Luis Obispo By; /s/ Hans Heilmann Chairman of the Board of Supervisors of County -4- f J Approved as to fora by the City Attorney of the City of 0 .;Ci / ttorVey Approved as to form ROBERT N. TAIT' District Attorney By: /S / q F Niikhnrrl Deputy District Attorney -5-