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HomeMy WebLinkAboutIL014 Interlocal Agreement AGREEMENT (Paramedic level-Advanced Life Support Services) This is an agreement made and entered into by and between Skagit Emergency Medical Services Council, 2911 E. College Way, Suite C, Mount Vernon, WA 98273, hereinafter referred to as "Council"; and City of Anacortes (Anacortes Fire Department), hereinafter referred to as "City" RECITALS WHEREAS, the Council is a nonprofit corporation in the State of Washington that contracts with Skagit County to administer the County-wide Emergency Medical Services excess tax Levy, the last EMS Levy having passed in November of 2000 and which covers the years January, 2001 through December, 2006; and WHEREAS, the Cornell contracts with Skagit County, State of Washington, to coordinate and direct a comprehensive pre-hospital Emergency Medical Services System for Skagit County; and WHEREAS, the Council receives the funding through a contract with Skagit County from the Emergency Medical Services excess tax levy referred to above, said funding being for the purposes of coordinating and supporting the pre-hospital Emergency Medical Services System; and WHEREAS, the Council has determined that it is in the best interests of the pre-hospital Emergency Medical Services System to contract with certain individuals and agencies to provide specific services; and WHEREAS, City has been selected by Council to provide Advanced Life Support Ambulance Services in Skagit County, in the pre-hospital Emergency Medical Services System, pursuant to the terms of various agreements and addendum entered into by and between the parties from 1995 to the present; and WHEREAS, Council and City agree that it is prudent to extend and consolidate all prior agreements into this Agreement; and WHEREAS, Advanced Life Support, for purposes of this Agreement, shall be defined as the education and skill level required to attain the certification level of"Paramedic" as defined by the Washington State Emergency Medical Services, WAC 246-976-010; NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration,receipt of which is hereby acknowledged,the parties agree as follows: 1 SECTION ONE ADVANCED LIFE SUPPORT (ALS) AMBULANCE SERVICES 1.1 City Services:City shall provide Advanced Life Support (ALS)Ambulance Services on the following terms and conditions: 1.1.1 City shall provide Advanced Life Support (ALS) Ambulance Services within Skagit County as determined by the Council and agreed upon by City. The City shall respond to emergent care responses within Hospital Service District#2. (Fidalgo and Guemes Islands) 1.1.2 Number of Ambulance Units. City shall provide two (2) Advanced Life Support (ALS) capable pre-Hospital Emergency Medical Services Response Teams on a 24- hours per day, 7-days per week basis with appropriate ALS vehicle and equipment (Med 13 and Med 14). One(1) ALS Response Team shall be available to respond primarily to East Fidalgo Island and Guemes Island. (aka Med 13) One (1) ALS Response Team shall be available to respond primarily to West Fidalgo Island. (aka Med 14) 1.1.3 Ambulance Use Restrictions: The City will reserve Med 13 and Med 14 exclusively for 9-1-1 emergency responses only, except for the purposes of providing Critical Inter-facility Transfers from Island Hospital, within the service areas specified in paragraph 1.1.1 above . All ambulances supplied for use pursuant to the terms of this agreement shall comply with applicable State rules and regulations, and be licensed by the Department of Health of the State of Washington. Both parties agree that the primary purpose of the Paramedic Ambulance services and EMS Levy funded ambulances are for the sole purpose of responding to emergency medical services 9-1-1 situations within Skagit County. However, nothing herein shall prohibit the City from providing inter-facility transports to its patients where medically indicated when minimum 9-1-1 responders are reserved as set forth in Section 1.1.3 and staffing is consistent with Section 1.1.7. 1.1.5 Ambulance Response Times. Ambulances shall have a response time of 15 minutes or less, averaged annually, from the receipt of the call at the dispatch center to arrival at location, and no greater than an 8 minute fractal response time 80 percent of the time within a 5 mile radius of the ambulance base stations. 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 Council and may be waived in the event of a natural disaster or other catastrophe which renders perfoiniance of this paragraph substantially impossible. 2 The designated dispatch agency shall be notified of the following: (a) Receipt and response to call. (b) Arrival at scene. (c) Transport to City or other destination. (d) Arrival at City or other destination. (e) In service, ready for next call. (f) Back in quarters. The dispatch agency shall be notified immediately of any reason the ALS ambulance is out of service and unavailable for response pursuant to the terms of this Agreement. 1.1.6 Backup Ambulance Service. Backup ambulance service shall be available on a 24-hours per day, 7-days per week basis when both Med 13 and Med 14 are responding to a call. This may be provided by Med 15 and/or through mutual-aid agreements with other ALS Ambulance providers within Skagit County, together with additional coverage pursuant to call back arrangement with ambulance crew members. The minimum staffing of the backup ambulance shall be one(1) ALS person(EMT-Paramedic) and one (1) Emergency Medical Technician (EMT). Copies of mutual-aid agreements made and entered into to satisfy this backup ambulance service requirement shall be promptly filed with the Council. 1.1.7 Personnel and Training. City shall employ, during the term of this agreement and any renewal thereof, an adequate number of ALS personnel (EMT-Paramedic) and EMT's so as to be able to provide the services required hereunder. Each Paramedic Ambulance shall be staffed with a minimum of one Paramedic and one Emergency Medical Technician as required by Washington Administrative Code Chapter 246-976. EMS certified personnel shall be acceptable to the Skagit County EMS Medical Program Director or his delegate. All ALS and EMT personnel shall be certified to the standards of the Department of Health of the State of Washington and any and all other laws applicable to such personnel, as the same are now in effect or as may hereafter be amended; and also be under the direct Medical Control and supervision of the Skagit County EMS Medical Program Director or his designee. The City shall use its best efforts to secure qualified personnel to staff the Ambulances as contemplated herein. However, City shall not be liable for breach of this agreement if sufficient qualified staff fail to apply for positions, due to additional requirements of the Skagit County EMS Medical Program Director or his delegate, required for City to meet its obligations under this Agreement. In the event City is unable to procure sufficient qualified personnel to staff the Ambulances in accordance with the provisions of Section 1.1.7 it will notify the EMS Council within seven(7) days of reaching this conclusion and will meet upon request to negotiate regarding the effect such circumstance shall have on this Agreement. 3 1.1.8 Dispatch. The dispatch of City ALS Ambulance Services shall be in accordance with the conditions and procedures established, with the input and agreement of City, by contract, between the Council and the designated dispatch agency. City will respond to all calls to which they are dispatched by the designated dispatch agency. 4 SECTION TWO CONSIDERATION 2.1 Council agrees to increase the year 2000 payment amount by 6% for a payment of $404,356.00 (Four hundred four thousand three hundred fifty six dollars) for the year 2001 for services stipulated herein. For the year 2002, the Council agrees to pay $428,617.00 (Four hundred twenty eight thousand six hundred seventeen dollars) 2.2 Council agrees to pay to the City the shortfall created by the Health Care Finance Administration(HCFA)reimbursement reduction beginning April 1, 2001 for year 2001, to be calculated and agreed to by the Council once sufficient documentation has been provided up to $82,500. In the event the HCFA reimbursement reduction implementation date is other than April 1, 2001 , then the annual HCFA reimbursement reduction shortfall amount for 2001 will be pro-rated in consonance with the projected shortfall. SECTION THREE ADMINISTRATION 3.1 This contract shall be administered by the Council in accordance with and pursuant to the teinns of this Agreement and sound business practices. Any and all disputes arising out of this contract shall be discussed and resolved by the Council's President or delegate and the City's designated delegate. In the event that the parties are unable to resolve contractual issues by agreement, then said issues shall be determined by binding arbitration. Both parties shall select an arbitrator. In the event that the parties are unable to agree on an arbitrator, then each party shall nominate its own arbitrator, and the arbitrators so chosen shall select a third arbitrator. The parties shall bear equally the cost of arbitration. Binding arbitration shall be limited to a determination of contractual issues, and shall not preclude either party from its remedies provided by law, including an action for damages, and/or equitable relief. 3.2 In the performance of this agreement, City agrees to indemnify and hold the Council harmless from and against any and all loss or damage occasioned to Council or to any third party or property by reason of any act or omission on the part of City, its agents, employees, or persons working directly or indirectly in the performance of this Agreement, including joint acts or omissions of such agents, employees or persons working on behalf of the City, directly or indirectly, in the performance of this Agreement, and shall, after reasonable notice of same, defend and pay the expense of defending any suit which may be commenced against the Council by any third person alleging injury by reason of such acts or omissions, and will pay any judgment which may be obtained against the Council in such suit, including all reasonable expenses, attorney's fees and costs. 3.3 In the performance of this agreement, Council agrees to indemnify and hold the City harmless from and against any and all loss or damage occasioned to City or to any third party or property by reason of any act or omission on the part of Council, its agents, employees, 5 or persons working directly or indirectly in the performance of this Agreement, including joint acts or omissions of such agents, employees or persons working on behalf of the Council, directly or indirectly, in the performance of this agreement, and shall, after reasonable notice of same, defend and pay the expense of defending any suit which may be commenced against the City by any third person alleging injury by reason of such acts or omissions, and will pay any judgment which may be obtained against the City in such suit, including all reasonable expenses, attorney's fees and costs. SECTION FOUR INDEPENDENT CONTRACTOR STATUS The parties intend that an independent contractor relationship shall be created by this Agreement. The Council is interested solely in the results to be achieved, and in the implementation of services will rely on the discretion of the City. In the performance of the services herein contemplated, City shall be deemed to be an independent contractor with authority to control and direct the performance of the details of the work called for herein. However, the results of the services to be provided by City as contemplated herein must meet with the approval of the Council, and shall be subject to the Council's general rights of inspection or review to secure satisfactory completion thereof as provided for in this Agreement. SECTION FIVE RECORDS AND REPORTS 5.1 City shall utilize a medical incident report form for the recording of pertinent ambulance response and patient care information. 5.2 City shall retain a file copy of this report, separate from any other patient care record and provide one (1) copy of the form to the Skagit County Medical Program Director or his designee for review. 5.3 The form shall be filled out legibly, completely, and signed by the individual completing same. The completed form shall include any and all information required by the Council for system management purposes. 5.4 City will submit, as of the end of each month and not later than the 5th of the following month, selected Uniform Pre-hospital Data Elements (Data Points) as published by the EMS Division of the National Highway and Traffic Safety Administration. Data Points will be selected by the Council to document the dispatch to reaction times, on-scene time,patient transport times, and other essential data to assist the Council in reviewing and determining optimum locations for the Paramedic Ambulances in the County. Paramedic Ambulance operational and financial information may be requested to assist in the cost efficiency review process. Patient "Confidential" information should not be normally requested from the City. However, if protected or Confidential information is requested and received by the Council, 6 Council agrees such information shall not be disclosed to other parties without written permission from the City. 5.5 City agrees that it shall be financially liable for any audit exceptions occurring as a result of its negligence or failure to comply with the terms of this Agreement. SECTION SIX TERM The term of this agreement shall be from January 1, 2001 through December 31, 2002. SECTION SEVEN BREACH,PENALTIES, TERMINATION 7.1 Breach of any one or more of the terms of this contract may, as provided herein, result in the termination of this Agreement, withholding or forfeiture of scheduled payments, or both. 7.2 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 breaching party, which notice shall advise the breaching party of the claimed breach. Within thirty (30) days of receipt of said notice, the breaching party shall: (a) Cure said breach; or (b) Take all reasonable and necessary steps towards curing said breach; or (c) Contest the claimed breach. In the event the claimed breach is contested, the parties hereby agree to submit the dispute to binding arbitration by an arbitrator mutually agreed to by the parties. In the event the parties cannot agree to the selection of an arbitrator, then, each party shall choose an arbitrator and the two arbitrators so chosen shall choose a third arbitrator such that the arbitration is ultimately conducted by the panel of three arbitrators. The decision of a majority of the arbitrators shall be final and binding on the parties; cost of arbitration shall be shared equally by both parties. 7.3 Failure to cure or contest the alleged breach or breaches within the thirty(30) day period shall be deemed to be a material breach of this contract and shall enable the non- breaching party to unilaterally terminate this agreement, upon delivery of written notice of said termination to the breaching party. Said termination shall become effective thirty(30) days following the date of said notice. 7.4 Upon termination of this Agreement, those assets that were purchased or reimbursed by Council funding shall revert to the Council. These assets will be used to continue the provision of services under this agreement by the Council or subsequent contractor. Those 7 assets that are the property of City and supported by City funding will remain with the City for whatever purposes City deems appropriate. 7.5 In the event that it is necessary for either party to engage the services of an attorney to enforce the provisions of this contract, whether or not a lawsuit is initiated, the prevailing party shall be entitled to recover, in addition to all other remedies and damages permitted by law, its reasonable attorney's fees and costs. SECTION EIGHT NOTICE Any notice required herein or for any reason shall be in writing and shall be mailed via U.S. mail, postage prepaid, registered mail, return receipt requested, to the parties at the following addresses, or to such other addresses as the parties may agree to, in writing, during the term of this Agreement or any renewal hereof: COUNCIL: Skagit Emergency Medical Services Council 2911 East College Way, Suite C Mount Vernon, Washington 98273 CITY: Anacortes Fire Department 1016 13th Street Anacortes, Washington 98221 SECTION NINE BINDING AGREEMENT This Agreement and the provisions hereof, shall be binding on and inure to the benefit of the successors and assigns of the parties hereto. This Agreement or any portion hereof shall not be assigned by either party to any third party without the prior written consent of the other party, which consent will not be unreasonable withheld. SECTION TEN AMENDMENTS This Agreement shall not be amended except by written agreement, executed by both of the parties hereto. 8 SECTION ELEVEN FORCE MAJEURE If labor conflicts or any other circumstances beyond the control of either party, such as fire, war, mobilization, unforeseen call up of armed forces, unexpected changes in government regulations or codes, defects or delays in deliveries by subcontractors occur, and such situation cause either party to be hindered or prevented from fulfilling any of its obligation hereunder, the parties shall be relieved from their liabilities and obligations under the Agreement until the act or cause is removed or cured. SECTION TWELVE SEVERABILITY If any provision of this Agreement shall be held to be invalid, the remainder of this Agreement shall not be affected thereby. IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate, on the day of , 2001. ANACORTES FIRE DEPARTMENT SKAGIT EMERGENCY MEDICAL SERVICES COUNCIL By4` `7 /3-c/ By Dean Maxwell John Pauls Mayor President 9