HomeMy WebLinkAboutIL105 Interlocal Agreement AGREEMENT FOR EMS AMBULANCE SERVICES
BETWEEN
CITY OF ANACORTES
AND
SKAGIT COUNTY EMS COMMISSION
THIS AGREEMENT is made and entered into by and between the City of Anacortes
("Anacortes") and Skagit County EMS Commission("Commission")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 appropriate, provide and maintain
those services for a countywide emergency medical services program within
Skagit County, pursuant to Ordinance #20030003 Pursuant to that Ordinance, the
Commission 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 Commission 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 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.
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
INTERLOCAL AGREEMENT:CITY OF ANCORTES AMBULANCE SERVICES
ALS Response Team (Med16) 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 Operation 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 the 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 even of a
natural disaster or other catastrophe, which renders performance of this
requirement substantially impossible.
Anacortes shall notify the Skagit County Consolidated Communications
Center(*911) 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.
TNTERLOCAL AGREEMENT:CITY OF ANCORTES AMBULANCE SERVICES
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 re 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
agreements 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 services herein
required. ALS personnel shall mean EMT Paramedic qualified personnel. All
ALS and EMT personnel shall be certified to the standards of the Washington
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
designees.
Each ALS ambulance shall be staffed with a minimum of one ALS and on
EMT personnel as required by WAC 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
immediately upon making its determination. If the MPD determines that
Anacortes cannot provide the services set forth in this Agreement, the
Commission, Anacortes and the MPD shall meet and confer on possible
solutions. After such meeting, the MPD shall deteiiuine which solution shall
be used to address the problem. Without limiting the Commission's ability to
determine whether a breach of the Agreement has occurred, the County and
Anacortes will then meet to discuss the effect such circumstance on this
Agreement.
f. Dispatch of Ambulance:
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.
INTLRLOCAL AGREEMENT:CITY OF ANCOR'TES AMBULANCE SERVICES
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 the Agreement. Nothing herein shall be
construed to create and 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 Commission, 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
claim or demands because of breach of the provisions of this paragraph.
4. TERM OF AGREEEMENT: The term of this Agreement shall be from
January 1, 2010 through December 31, 2010.
5. MANNER OF FINANCING: This Agreement shall be funded with EMS levy
funds and no other County funds. Commission agrees to pay Anacortes a total of
$687,960 for calendar year 2010,
for the services provided herein. Payment shall occur in monthly installments
based upon submission of an invoice by Anacortes.
6. ADMINISTRATION: The EMS Commission in accord with Section 2.48,
Skagit County Code, shall monitor this contract for compliance with its terms and
conditions. 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 changes shall notify the other party.
a. The Commission's representative shall be the Commission
manager
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 1 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 1 levy funds shall be transferred to the EMS Commission. A list of
the Commission funded assets is set forth in Exhibit B attached hereto. Upon
teirnination of the Agreement, title to those assets that were purchased with
INTERLOCAL AGREEMENT:CITY OF ANCORTES AMBULANCE SERVICES
Commission funding shall be transferred by Anacortes to 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 appraised
value of the equipment. Those assets purchased with City funds shall remain
property of the City.
S. 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
copy of this report, separate from any other patient care record, and provide one
(1) copy of the report the EMS Commission 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 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 Commission, 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 Commission agents or
employees, inspection of all records ort 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 termination,
Anacortes shall make such records available for review, upon request, unless stte
or federal laws 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
agree 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 Commission by
reason of entering into this contract except as expressly provided herein. It is
understood that this agreement is solely for the benefit for the parties hereto and
gives no right to any other party.
INTERLOCAL AGREEMENT:CITY OF ANCORTES AMBULANCE SERVICES
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 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 teiiitinated,
the parties shall be liable only for perfoinlance 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 breaching party stating specifically the provision of
the Agreement alleged to have breached and the factual basis underlying the
alleged breach. Within 30 days after the 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 deliver 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
attorney's fees, in addition to any and all other remedies, costs and damages
permitted by law.
INTERLOCAL AGREEMENT:CITY OF ANCORTES AMBULANCE SERVICES
14. NOTICE: Any notice required to be give herein shall be in writing and shall be
mailed via certified U.S. mail, return receipt requested, to the parties at the
following addresses.
Commission: Skagit County EMS Commission
2911 E. College Way Suite C
Mount Vernon, WA 98273
Anacortes: Anacortes Fire Department
1016 13th Street
Anacortes, WA 98221
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 invalidity
shall not affect other terms, conditions or applications of this Agreement which
can be given effect without the invalid tetfrt, 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 WITNESS WHEREOF, the parties have executed this Agreement this IZ t day
of le.A Ast, , „n
APPROVED:
CITY OF NACORTES:
LI)
Dean Maxwell, Mayor
Mailing Address:
INTERLOCAL AGREEMENT:C[TY OF ANCORTES AMBULANCE SERVICES
City of Anacortes
904 6th Street, PO Box 547
Anacortes WA 98221
Skagit ounty EMS Commission:
,Chairman
1 r l i ^c " Board Member
,Boar ember
Board Member
,Board Member
B Member
,Board ember
�-c/ t• c L, O,L 4k.„,-----
,Board Member
,Board Member
,Board Member
,Board Member
INTERLOCAL AGREEMENT.CITY OF ANCORTES AMBULANCE SERVICES