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Health and Human Services Agency recommending the Board approve and authorize the addition of Fallen Leaf Lake Community Service District Fire Department (Fallen Leaf) to join the California Tahoe Emergency Services Authority (Cal Tahoe) Board of Directors as a voting member (1 vote), contingent upon:
1) Receipt and approval by County Counsel of a fully executed Member Agency agreement between Cal Tahoe and Fallen Leaf; and
2) Board of Supervisors approval of any proposed changes to Cal Tahoe JPA's current voting requirements.
FUNDING: N/A
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DEPARTMENT RECOMMENDATION:
Health and Human Services Agency recommending the Board approve and authorize the addition of Fallen Leaf Lake Community Service District Fire Department (Fallen Leaf) to join the California Tahoe Emergency Services Authority (Cal Tahoe) Board of Directors as a voting member (1 vote), contingent upon: 1) Receipt and approval by County Counsel of a fully executed Member Agency agreement between Cal Tahoe and Fallen Leaf; and 2) Board of Supervisors approval of any proposed changes to Cal Tahoe JPA's current voting requirements.
DISCUSSION / BACKGROUND:
On August 23, 2011, the Board of Supervisors approved Agreement for Services 164-S1211 with Cal Tahoe JPA following award of Request for Proposal #: 11-0073 (File ID: 11-0073).
In accordance with Agreement 164-S1211, Article V- Subcontractors, Cal Tahoe JPA originally provided Prehospital Advanced Life Support (ALS) ambulance transport and Dispatch services through contracts with its Member Agencies. Initially, these transporting Member Agencies included the City of South Lake Tahoe Fire and Rescue (SLT) and Lake Valley Fire Protection District (Lake Valley), both of whom provided ALS ambulance transport services; each Member Agency was represented on the Cal Tahoe Board of Directors with two (2) votes, for a total Board voting membership of four (4).
In April of 2016, SLT terminated their Member Agency agreement for ALS ambulance transport with Cal Tahoe JPA, and instead entered into a Member Agency agreement for ALS non-transport services, remaining a voting member of the Cal Tahoe Board of Directors with two (2) votes. As a result, in April 2016, to ensure availability of sufficient ALS ambulance transport services, Cal Tahoe JPA assumed the ALS ambulance transport level of service previously conducted by SLT, taking back responsibility for three (3) ambulance units previously operated by SLT.
Fallen Leaf is a department of the Fallen Leaf Lake Community Services District, located close to Fallen Leaf, Angora Peak and Echo Peak in the South Lake Tahoe basin of El Dorado County, an area which is classified as remote or “wilderness.” ALS response currently is provided by Lake Valley or Cal Tahoe JPA ambulances which respond on remote or wilderness roads.
Fallen Leaf currently provides basic life support (BLS) non-transport services; however, the JPA and Fallen Leaf have represented that if Fallen Leaf becomes a Member Agency of Cal Tahoe JPA, Fallen Leaf will start providing ALS non-transport services. Fallen Leaf staging an ALS non-transporting unit in the remote/wilderness area will improve ALS non-transport and assessment response time, potentially resulting in a more favorable outcome for patients in need of ALS intervention. The addition of Fallen Leaf as a Member Agency also benefits both Cal Tahoe JPA and Fallen Leaf because membership formally commits them to working together in a coordinated and collaborative process.
On Monday, August 21, 2017, the Board of Directors of the Cal Tahoe JPA unanimously voted to add Fallen Leaf as a non-transporting voting member with one vote, to the Cal Tahoe Board of Directors and notified the Emergency Medical Services Agency Administrator of said decision via letter (Attachment A).
Since the cancellation of the City of South Lake Tahoe ALS ambulance transport services Member Agency agreement in 2016, the Cal Tahoe JPA Board of Directors has been comprised of four (4) voting members: two (2) representatives from Lake Valley, an ALS ambulance transport agency; and two (2) representatives from the City of South Lake Tahoe Fire and Rescue, an ALS non-transport agency. The addition of one (1) voting member representing Fallen Leaf, an ALS non-transport agency, will increase the members from four (4) to five (5), thereby reducing the potential for votes resulting in a draw or tie.
Article IX “Assignment and Delegation” of Agreement 164-S1211 states that “Any material change in control of Cal Tahoe shall be considered a form of assignment of the Contract, and must be approved by the County of El Dorado Board of Supervisors.” Adding a new member agency with one vote is a material change in control of Cal Tahoe because Fallen Leaf would become the swing vote on Cal Tahoe JPA board actions. Since City of South Lake Tahoe and Fallen Leaf are both non-transporting entities, the non-transporting entities would also constitute the majority on the Cal Tahoe JPA board if Fallen Leaf is added as a Member Agency. As noted previously, Cal Tahoe JPA and Lake Valley currently operate the ambulances in CSA3. Cal Tahoe JPA directly staffs and operates ambulances pursuant to Agreement 164-S1211 and Lake Valley staffs and operates ambulances through a subcontract with Cal Tahoe JPA. Cal Tahoe JPA currently contracts with City of South Lake Tahoe for dispatch services and utilizes a South Lake Tahoe fire station for ambulance staging.
In the event that Cal Tahoe JPA proposes changes to the voting requirements for JPA Board action (i.e. majority vote (current) to unanimous or blended) would also constitute a material change in control of Cal Tahoe JPA and would require Board of Supervisor approval; therefore it is recommended that approval of the addition of Fallen Leaf as a member agency be conditioned on Board of Supervisor approval of any proposed changes to voting requirements for Cal Tahoe JPA Board action.
Agreement for Services 164-S1211, Section VIII, Article V "Subcontractors" states that "Cal Tahoe shall execute Agreements with all Member Agencies of the Cal Tahoe JPA by the date of execution of this Contract, and also execute ALS Agreements with Member Agencies providing services under this Contract (see Appendix G for sample), to include all COUNTY EMS Agency ALS requirements and provisions."
Should this item be approved by the Board of Supervisors, the Cal Tahoe JPA will move forward with a Member Agency agreement and with amending their agreements, bylaws, policies, etc., to include Fallen Leaf as a voting member (1 vote).
ALTERNATIVES:
The Board of Supervisors could decline to approve the addition of Fallen Leaf as a voting Member Agency of the Cal Tahoe Board of Directors.
OTHER DEPARTMENT / AGENCY INVOLVEMENT:
CAO, County Counsel
CAO RECOMMENDATION:
Approve as recommended.
FINANCIAL IMPACT:
There is no Net County Cost associated with this Agenda item.
CLERK OF THE BOARD FOLLOW UP ACTIONS
Clerk of the Board to provide two (2) Certified Minute Orders to the HHSA Contracts Unit at 3057 Briw Road.
STRATEGIC PLAN COMPONENT:
N/A
CONTACT
Patricia Charles-Heathers, Ph.D., Director