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HomeMy WebLinkAboutC20070304 Interlocal Agreement FU\sc-iA cw-c ,s, 0 py SKAGIT COUNTY Contract # C20070304 Pave 1 of 11 _ INTERLOCAL COOPERATIVE AGREEMENT BETWEEN CITY OF ANACORTES AND SKAGIT COUNTY THIS AGREEMENT is made and entered into by and between City of Anacortes ("Anacortes") and Skagit County, Washington ("County") pursuant to the authority granted by Chapter 39.34 RCW and RCW 36.01.095. 1. PURPOSE: Skagit County has established an Emergency Medical Services Commission which is to coordinate, operate, as appropriiite,provide and maintain those services for a countywide emergency medical services program within Skagit County, pursuant to Chapter 2.48, Skagit County Code. Pursuant to Skagit County Code, the County is to enter into contracts with Contractors for the provision of Advanced Life Support Ambulance Services. City of Anacortes has been providing such services for the Western region of Skagit County for a number of years. The County and Anacortes desire to enter into a contract for the provision of Advanced Life Support ambulance services within the Western region, designated as Sections AFD 14 and AFD 16 on the map attached hereto as Exhibit A. 2. RESPONSIBILITIES: Anacortes shall have full authority and discretion in the performance of the services herein contemplated and shall direct the performance of the details of the work. However, the results of the work completed herein shall meet the approval of the County and the Skagit County Emergency Medical Services Commission and shall be subject to the County's general rights of inspection or review to secure the satisfactory completion thereof as otherwise provided for in this agreement. City of Anacortes shall provide Advanced Life Support(ALS) Ambulance Services within Skagit County as set forth below. The EMS Commission may modify or adopt standards for ALS Ambulances that differ from these standards. In any case, Anacortes shall not be held to higher standards or more stringent rules than those established by the EMS Commission. C11444— bk_jrp1/46kzi5AZ INTERLUCAL AGREEM NT ITY OF ANACORTES AMBULANCE SERVICES Page 1 a. Ambulance Units: Anacortes shall provide two (2)ALS capable pre-Hospital Emergency Medical Services Response Teams (ALS Response Teams) on a 24 hours per day, 7 days per week basis with appropriate ALS vehicle and equipment(Med 14 and Med 16). One of the ALS Response Teams(Med 14)shall be available to respond primarily to East Fidalgo island and Guemes Island. The other ALS Response Team (Med 16) shall be available to respond primarily to West Fidalgo Island. Subject to maintaining required response times and Anacortes covering the response zones within the Western Region as identified on the map in Exhibit A, Anacortes may modify the general response zones to enhance response times and balance workload. All ambulances supplied for the purposes of this Agreement shall comply with all applicable State rules and regulations and shall be licensed by the Department of Health of State of Washington. b. Ambulance Use Restrictions: Both parties agree that the purpose of the ALS ambulance services under this Agreement is primarily to respond to emergency medical services/9-1- 1 situations within Skagit County. Anacortes shall reserve Med 14 and Med 16 predominately for 9-1-1 emergency responses within the Western region, except for providing critical inter-facility transfers from Island Hospital. Nothing herein, however, shall prohibit Anacortes from providing non-critical inter-facility transports to its patients where medically indicated as long as Med 14 and Med 16 are not utilized regularly and as long as staffing is consistent with Section 2(e) below. c. Ambulance Response.Times: Anacortes shall use its best efforts to comply with Patient Care Procedure #5 of the Skagit EMS Commission Operational Guidelines, which are incorporated herein by reference. Response times shall be from the time the medic unit is notified until the ambulance unit arrives. This includes turnout and travel time. Response times to Guemes island via ferry transport shall be based on arrival time at the Guemes Ferry Terminal. Response times shall be reported to the EMS Commission on a monthly basis on the Medical Incident Report form approved by the EMS Commission as set forth in Section 8 of this Agreement. Ambulance base stations shall be located in order to maximize coverage of the population within the service area. Compliance with this requirement shall be monitored by the EMS Commission and may be waived in the event of a natural disaster or other catastrophe,which renders performance of this requirement substantially impossible. • INTERLOCAL AGREEMENT:CITY OF ANACORTES AMBULANCE SERVICES SKAG{T COUNTY Contract # C20070304 Page 2 Page 2of11 Anacortes shall notify the Skagit County Consolidated Communications Center{"911 Center") in accordance with procedures established by the Emergency Management Council as outlined in Section 2(e), below. Anacortes shall also notify the dispatch agency immediately of any reason the ALS ambulance is out of service and unavailable for response pursuant to the terms of this agreement. d. Back-up Ambulance Service: Anacortes shall provide back-up ambulance service on a 24 hours per day, 7 days per week basis when both Med 14 and Med 16 are responding to a call. Anacortes may provide this back-up service through arrangements with Med 18 and/or through agreements with other ALS ambulance service providers within Skagit County, together with additional coverage pursuant to call back arrangements with ambulance crew members. Copies of any such agreements Anacortes enters into shall be filed with the EMS Commission no later than 30 days after the effective date of this Agreement. Any amendments thereto shall be filed with the EMS Commission no later than 7 days after the effective date of the amendment. e. Personnel and Training: Anacortes shall employ, during the term of this Agreement and any renewal thereof, an adequate number of ALS personnel and Emergency Medical Technician ("EMT") personnel so as to be able to provide the services required herein. ALS personnel shall mean EMT Paramedic qualified personnel. Ali ALS and EMT personnel shall be certified to the standards of the Washirigton State Department of Health and any and all other laws applicable to such personnel, as the same are now in effect or as may be hereafter amended. All ALS and EMT personnel shall be under the direct medical control and supervision of the Skagit County EMS Medical Program Director or his designee. Each ALS Ambulance shall be staffed with a minimum of one ALS and one EMT personnel as required by WAG Chapter 246-976 In the event Anacortes is unable to secure a sufficient number of qualified personnel to staff the ambulances, it will notify the EMS Commission and the County immediately upon making this determination. If the MPD determines that Anacortes cannot provide the services set forth in this Agreement, the County, Anacortes and the MPD shall meet and confer on possible solutions. After such meeting, the MPD shall determine which solution shall be used to address the problem. Without limiting the County's ability to determine whether a breach of the Agreement has INTERLOCAL AGREEMENT:CITY OF ANACORTES AMBULANCE SERVICES SKAGIT COUNTY Contract # C20070304 Page 3 Page 3Gill occurred, the County and Anacortes will then meet to discuss the effect of such circumstance on this Agreement. f. Dispatch of Ambulances: The dispatch of ALS Ambulance Services for Anacortes shall be in accord with the terms and conditions of the contract entered into between the EMS Commission and the dispatch agency, and incorporated herein by reference. Anacortes shall respond to all calls to which they are dispatched by the dispatch agency. 3. INDEPENDENT CONTRACTOR: The parties intend that an independent contractor relationship be created by this Agreement. Nothing herein shall be construed to create an employer-employee or master-servant relationship. All services performed pursuant to this agreement shall be performed by Anacortes as an independent contractor. Anacortes acknowledges that the entire compensation for this Agreement is contained in Section 5 and that Anacortes and Its employees are not entitled to any County benefits afforded to Skagit County employees. Anacortes shall defend, indemnify and hold harmless the County, its officers, agents and employees from any loss or expense, including but not limited to settlements,judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 4. TERM OF AGREEMENT: The term of this Agreement shall be from January 1, 2007 through December 31, 2009. 5. MANNER OF FINANCING: This Agreement shall be funded with EMS levy funds and no other County funds. County agrees to pay Anacortes a total of $600,000 for calendar year 2007, $630,000 for calendar year 2008, $661,500 for calendar year 2009, for the services provided herein. Payment shall occur in quarterly installments upon submission of an invoice by Anacortes. 6. ADMINISTRATION: The EMS Commission, on behalf of the County and in accord with Section 2.48, Skagit County Code, shall monitor this contract for compliance with its terms and conditions. Any and all notices required to be given to the County under this Agreement must also be given to the EMS Commission. The following individuals are designated as representatives of the respective parties. The representatives shall be responsible for administration of this Agreement. In the event such representatives are changed, the party making the change shall notify the other party. SKAGIT COUNT' INTERLOCAL AGREEMENT:CITY OF ANACORTES AMBULANCE SERVICES Contract# C20070304 Page4 Page 4of11 a. The County's representative shall be the County Administrator. b. Anacortes' representative shall be The Mayor. 7. TREATMENT OF ASSETS AND PROPERTY: No real property will be jointly or cooperatively, acquired, held, used, or disposed of pursuant to this Agreement. Ambulances used as part of this Agreement are or have been paid for primarily with Medic I levy funds. Title to the ambulances shall be in the name of Anacortes during the term of this Agreement. Title to other equipment acquired with Medic I levy funds shall be transferred to the EMS Commission. A list of the County funded assets is set forth in Exhibit B attached hereto. Upon termination of the Agreement, title to those assets that, were purchased with County funding (either directly from the County or indirectly through the EMS Commission) shall be transferred by Anacortes to the County or the EMS Commission. For assets transferred that have been partially paid with City funds, the City shall be reimbursed on a pro-rata basis for the City's contribution based on the appraised value of the equipment. Those assets purchased with City funds shall remain the property of the City. 8. REPORTS: Anacortes shall complete a Medical Incident Report(MIR)form, approved by the EMS Commission, for the recording of pertinent ambulance response and patient care information for each call. Anacortes shall retain a file eopy-of this report, separate from any other patient care record, and provide one (1) copy of the report to the Skagit County EMS Medical Program Director, or his/her designee, for review. Anacortes shall submit the MIR information electronically to the EMS Commission following procedures and a schedule developed through its Quality Improvement and/or Medical Control Committees, providing pertinent ambulance response and patient care information for each call. Anacortes shall submit other electronic or paper reports required of ALS providers by the Commission, for medical quality oversight and system management. ALS Ambulance operational and financial information shall be provided to the EMS Commission, upon request, to assist in the cost efficiency review process. 9. RECORDS AND INSPECTION: This contract is subject to review by any Federal or State auditor. The County and the EMS Commission shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the County, subject to any requirements of state or federal law otherwise. Such review may occur with or without notice, and may include, but is not limited to, on—site inspection by County or EMS Commission agents or employees, inspection of all records or other material which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluation by service recipients under this Agreement. Anacortes shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for 3 years after contract SKAGIT COUNTY INTERLOCAL AGREEMENT:CITY OF ANACORTES AMBULANCE SERVICES Contract# C20070304 Page 5 Page 5 of 11 termination, Anacortes shall make such records available for review, upon request, unless state or federal law requires otherwise. Anacortes agrees that it shall be financially liable for the costs of any audit exceptions occurring as a result of its negligence or failure to comply with the terms of the Agreement. 10. INDEMNIFICATION: Each party agrees to be responsible and assume liability for its own wrongful and/or negligent acts or omissions or those of their officials, officers, agents, or employees to the fullest extent required by law, and further agrees to save, indemnify, defend, and hold the other party harmless from any such liability. it is further provided that no liability shall attach to the County by reason of entering into this contract except as expressly provided herein. It is understood that this agreement is solely for the benefit of the parties hereto and gives no right to any other party. The City of Anacortes shall provide evidence of insurance for the activities related to the Advanced Life Support Ambulance Service. The coverage provided shall include Medical Malpractice for the Medical Technicians associated with the service provided in the amount of$5 million dollars and Automobile Liability of$1 million dollars with coverage for owned, non-owned, hired, and/or leased vehicles. Coverage must be provided by an insurance company authorized to write insurance in the State of Washington and has an A- or better rating in the AM Best Rate Guide. 11. DISPUTE RESOLUTION: In the event that the EMS Commission and Anacortes believe that there is a contractual compliance issue they are unable to resolve, Anacortes shall bring that issue to the attention of the County Administrator. The County Administrator shall then meet with representatives of both the EMS Commission and Anacortes in an attempt to resolve the dispute. Nothing in this contract shall prohibit the EMS Commission from establishing a dispute resolution procedure to address any disputes with the ALS providers prior to those disputes being brought to the attention of the County Administrator. 12. TERMINATION: Any party hereto may terminate this Agreement upon ninety (90) days notice in writing either personally delivered or mailed postage- prepaid by certified mail, return receipt requested, to the party's last known address for the purposes of giving notice under this paragraph. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 13. TERMINATION FOR BREACH: This Agreement may be terminated by either party for cause, provided that in the event of a breach, the non-breaching party shall give written notice to the breathing party stating specifically the provision of the Agreement alleged to have been breached and the factual SKAGIT COUNTY INTERLOCAL AGREEMENT: CITY OF ANACORTES AMBULANCE SERVICES Contract# 020070304 Page 6 Page fi 011 basis underlying the alleged breach. Within 30 days after receipt of the notice, the breaching party shall: a. cure said breach; or b. contest the alleged breach. Failure to cure the breach or contest the alleged breach within thirty days shall be deemed a material breach of this contract and shall enable the non- breaching party to unilaterally terminate this Agreement, upon delivery of written notice of termination via certified mail, to the breaching party. Termination shall be effective upon receipt of said notice. In the event either party pursues litigation in order to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys fees, in addition to any and all other remedies, costs and damages permitted by law. 14. NOTICE: Any notice required to be given herein shall be in writing and shall be mailed via certified U,S. mail, return receipt requested, to the parties at the following addresses. County: Skagit County Commissioners' Administrative Building 1800 Continental Place, Suite 100 Mount Vernon, WA 98273 Anacortes: Anacortes Fire Department 1016 13th Street Anacortes, WA 98221 Any notice or submission required herein to be made to the EMS Commission shall be mailed to the EMS Commission, 2911 East College Way, Suite C, Mount Vernon, WA 98273, unless otherwise mutually agreed upon by Anacortes and the EMS Commission. 15. AMENDMENTS AND WAIVERS: This Agreement may be changed, modified, amended or waived only by written agreement executed by the parties hereto. Waiver of breach of any term or condition of this Agreement shall not be considered a waiver of any prior or subsequent breach. 16. SEVERABILITY: In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such INTERLOCAL AGREEMENT:CITY OF ANACORTES AMBULANCE SERVICES SKAGIT COUNTY Contract# C20070304 Page 7 Page7ot11 invalidity shall not affect other terms, conditions or applications of this Agreement which can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this Agreement are declared severable. 17. ASSIGNMENT: This Agreement or any portion hereof shall not be assigned by either party without the prior written consent of the other party, which consent shall not be unreasonably withheld. 18. ENTIRE AGREEMENT: This Agreement contains all the terms and conditions agreed upon by the parties. All items incorporated herein by reference are attached. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. IN WI ESS WHEREOF, the parties have executed this Agreement this . 14 -- day of , 2007. APPROVED: CITY OF ANACORTES:- BOARD OF COUNTY COMMISSIONERS j� �,f SKAGIT COUNTY, WASHINGTON �N . .SLY l 1l"r 'til ,/r-� H. Dean Maxwell, Mayor Sharon D. Dillon, Chair 141(1 L Print Name of Signatory Don Munks, Commissioner Mailing Address: 0 . City of Anacortes Kenneth A. Dahlstedt, Commissioner 904 6t'Street, P.O. Box 547 Anacortes WA 98221) • SKAGIT COUNTY INTERLOCAL AGREEMENT:CITY OF ANACORTES AMBULANCE SERVICES Contract# C20070304 Page 8 Page 8 or 11 Attest: ft, i .... , , .. ,...._ 0 JoAnne ,;'esbrecht, Clerk of the Board Recommend By: i Department Head By: \---411,1_,) Budget & Finance Director Approved as to Indemnification: By: ->ik_-&----- Risk Manager Approved�as to Form: By: r) • ra-QQ______ Deputy Prosecuting Attorney SKAGIT COUNTY INTERLOCAL AGREEMENT:CITY OF ANACORTES AMBULANCE SERVICES Contract# C20070304 Page 9 _ Page 9 Oil — _ • EXHIBIT A- MAP OF RESPONSE AREA''3r1••'ti '4Y °+ s'.a y s•`..:!)i ��`.'. kz • 7 r.. .7' ,A rs ) t r i ! r £i o-1'14jy •'-. 1 ,i `}' { 1` d ° ,' , '�� r �_'. y°`!.. ! r S'2 �` tip, a"t ��•Y� +`'4 r° • 'i: t"' r ii •{ :. • a , '� -.!;�:.+5 '1. :' �i r �_ ac ISLJNIG x,k **}Ss' t'•'' ��se Y 1� r'�} r,{!e ' t,ti` rwno ••.CYPRESS a.•Z y x; ¢y3 ti ke F , «�i 1 :� '- �i g ;�4 Y V' rip °r e ` 2 . 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"l st' � + 1 ai alHosy:Tais N 44';'''''Isp\.4.4r';''''.:.::...:- I (Zrjj1)IIM�M1 AF014 w.d AFp16 y x j r:0:51.:::1:"1::: :7:;.::::'-'7-i•w'Sr..",,-•;' Nadi 21.2003 ; ,'t Sr � ekp �F.� r,i ycow,©18 SKAGIT CC3UNTY INTERLOCAL AGREEMENT:CITY OF ANACORTES AMBULANCE SERVICES contract # C20070304 Page 10 Page 10 of 11 _ __ EXHIBIT B— EQUIPMENT INVENTORY City of Anacortes • Ambulance MED 14 VIN # 1 HTMRAAM44H674211 Ambulance MED 16 VIN# 1 HTMRAAM73H564784 Ambulance MED 18 VIN# IFDKE30FOSHB31025 LIFE PAK 12 Serial#9442228 LIFE PAK 12 Serial #9442230 LIFE PAK 12 Serial#9442229 LIFE PAK 500 Serial #1253594 SKAGIT COUNTY INTERLOCAL AGREEMENT:CITY OF ANACORTES AMBULANCE SERVICES Contract# C20070304 Page 11 of 11 Page 11 — —