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Home My WebLink AboutRes 0625 - Interlocal Agreement - Emergency Medical Services RESOLUTION NO 625 A RESOL.UTION OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE MAYOR TO ENTER INTO AN EMERGENCY MEDICAL SERVICES SERVICE CONTRACT. COUNCIL ACTION MEETING DATE Al'.. ACTION TYPE WHEREAS, King County desires to have emergency medical services performed by Valley General Hospital and the Cities of Renton, Kent and Tukwila, Public Hospital District #1, Fire Districts #20, 25 and 40, and WHEREAS, the Valley General Paramedic Provider Group has entered into an Emergency Medical Service Interlocal Agreement, and WHEREAS, the Tukwila City Council desires to provide the citizens of Tukwila with this service. Approved as to form: 4puty City Attorney NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON DOES RESOLVE AS FOLLOWS: The Mayor is hereby authorized to enter into an EMERGENCY MEDICAL. SERVICES SERVICE CONTRACT between King County and Valley General Hospital and the Cities of Renton, Kent, Tukwila, Public Hospital District #1 (Valley General Hospital), Fire District #20, 25 and 40. A copy of said contract is attached hereto and incorporated by reference. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof, this 3rd day of April 1978 ATTEST: Mayor CONTRACTING DEPARTMENT /DTVISION: MAY 181918 (King County Ernerfency Medical Services) PROJECT TITLE: Paramedic Services 172,178 CONTRACT AMOU T: 2b 7n TERM: January 1, 1978 December 31, 1978 FUND CODE: 1663 53105 EMERGENCY MEDICAL' SERVICES SERVICE CONTRACT THIS CONTRACT, entered into this 1st day of January EMS e o ,,,,..r a cac '�i to as the "COUNTY and Valley General Hospital. entered into an EMS Interlocal Agreement. RECEIVED CITY OF EIMCIIA OFFICE OF THE MAYOR 1978 between KING COUNTY, State of Washington, hereinafter referred WHEREAS, the Valley General Paramedic Provider Group has hereinafter referred to as the "LEAD AGENCY", and the City of Renton, Kent, Tukwila, Public Hospital District #1 (Valley General Hospital), Fire Districts 1,20, 25 and 40 hereinafter referred- to as the "PARTICIPATING EMERGENCY MEDICAL SERVICE (EMS) PROVIDER WHEREAS, the County desires to have emergency medical services performed by the Lead. Agency and Participating Emergency Medical Service Provider as described within this Contract, and NOW, THEREFORE, in consideration of payments, covenants, and agreements, hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and agree as follows: I. SCOPE OF SERVICES The Lead Agency will be responsible for hiring and supervising the paramedic personnel, insuring that the service area has a Medical Director, maintaining liaison with the local hospitals and the area Participating EMS Providers and administration of the paramedic project under the terms of this contract. The Lead Agency and the Participating EMS Providers will be responsi- ble for ensuring that dispatch of the paramedic unit(s) is pro- vided through a County approved call receiving/dispatch center and that service delivery meets Paramedic Service Area Standards (Exhibit 2). Implementation of paramedic services in the area served by the Participating EMS Providers will be in accordance with the following attached Exhibits: Exhibit 1 Application and Operating Budget as approved by the Emergency Medical Services Review Committee Exhibit 2 Paramedic Service Area Standards Exhibit 3 Reporting Requirements Exhibit 4 Monthly Invoice The Interlocal Government Agreement(s) or other legal agreement(s) for provision of paramedic services among the participating emer- gency medical service providers are on file. with the King County Emergency Medical Services Division. There shall be no significant change in program structure or con- tent without the prior written consent of the County. II. DURATION OF CONTRACT The performance of the Lead Agency shall commence on the 1st day of January 1978 and shall terminate on the 31st day of December 1978 The duration of the Contract may be extended or terminated upon mutual agreement between the parties hereto and pursuant to the terms and conditions of the Contract. III. COMPENSATION AND METHOD OF PAYMENT The County shall reimburse the Lead Agency for the services to be provided within the boundaries of the Participating EMS Provi- der as specified in Section I an amount not to exceed $172.178 payable in the following manner: Reimbursement shall be made to the Lead Agency after receipt and approval of the appropriate vouchers by King County from the Lead Agency. The Lead Agency shall submit an invoice executed in accordance with Exhibit 1 F 4 and accompanying reports specified in Exhibit 3 on but not later than fifteen (15) working days after the close of each calendar month. The County will initiate authorization for payment after receipt of said invoice and approval of corrected invoice and reports and shall make payment to the Lead Agency not more than thirty.(30) clays after said invoice is received by the Office of the Comptroller. IV. OPERATING BUDGET The Lead Agency shall apply the funds received from the County under its Contract in accordance with the attached Budget, Exhibit 1. No line -item expense thereunder shall cause an excess expenditure for 10% of the budgeted line -item amount over the life of the Contract without the prior written consent of the County. Any request for a line -item expense which exceeds 10% of the budgeted amount shall specifically state the reasons for the requested increase and a justification for any corres- pondi.ng decrease in other line- item(s). V. INTERNAL CONTROL AND BONDING The Lead Agency shall establish and maintain a system of internal control which has been reviewed and approved by the County, to ensure the efficient and proper processing and use of Contract funds. VI ESTABLISHMENT AND MAINTENANCE OF RECORDS A. The Lead Agency shall maintain separate accounts and records, including personnel, property, financial, and program records, which sufficiently and properly reflect all direct and indi- rect costs of any nature expended and services performed in the performance of this Contract and other such records as may be deemed necessary by the County to assure proper account- ing of all project funds. B. These records shall be maintained for a period of seven (7) years after termination hereof, unless permission to destroy them is granted by the Office of the Archivist in accordance with R.C.W. Chapter 40.14. VIII. EVALUATION The Lead.Agency and participating EMS Provider agree to cooperate with the County in the evaluation of the Agency's project, and to make available all information required by any such evaluation process. The evaluation will be based on the application as ap- proved and performance standards, reporting requirements, and operating budget as outlined in this Contract and attachments hereto. The results and records of said evaluations shall be maintained and disclosed in accordance with R.C.W. Chapter 42.17. C. It is further agreed by the parties that the Lead Agency shall rrla.irita:i.n the aforesaid books records, documents, and other evidence at the following address: 400 South 43rd Street and that the Lead Agency shall hot move said records, documents, and other evidence from the aforesaid address without the written consent of the County. Said consent will not unreasonably be withheld. VII. AUDITS AND INSPECTIONS The records and documents with respect to all matters covered by this Contract shall be subject at all times to inspection, review or audit by the County and /or Federal /State officials so author- ized by law during the performance of this Contract and seven (7) years after termination hereof. IX. TERMINATION A. This Contract is subject to termination upon thirty (30) days notice by the County should: 1. The Lead Agency, in the opinion of the County, mismanage or make improper use of Contract funds. 2 Failure of the Lead Agency to comply with any Paramedic Service Area Standard shall be sufficient grounds for termination of this contract by King County. Failure of any Participating EMS Provider to comply with the appli- cable Paramedic Service Area Standards shall be sufficient grounds for the Emergency Medical Services Review Committee to order the Lead Agency to cease providing paramedic service within the boundaries of the Participating EMS Provider. Said Participating EMS Provider's continued failure to comply shall be sufficient grounds for the Emergency Medica]. Services Review Committee to withhold payment to the Lead Agency of a sum in the same proportion to the total contract amount as is the population of the Participating EMS Provider's jurisdiction to the popula- tion of the entire Paramedic Service Area. 3. Funds no longer available from the Federal/State govern- ment and /or County. r►. The Lead Agency fails to provide work.or services expressed by this Contract. 5. The Lead Agency fails to submit reports or submits incom- plete or inaccurate reports in any material respect. 6. The Emergency Medical Services Review Committee decides that paramedic service can best be provided by a different contracting agency, provided that the County Council approve the Emergency Medical Services Review Committee's recom- mendations. B. Upon mutual agreement, the Lead Agency or King County may terminate this Contract without cause in writing upon thirty (30) days notice. C. Otherwise this Contract shall terminate on the date specified herein and shall be subject to extension only by mutual agree- ment of both parties hereto in writing. D. The Lead Agency will remit any unexpended balance of Contract funds advanced, upon termination of the Contract. E. In the event that termination is due to misappropriation of funds, nonperformance of the scope of services, or fiscal mismanagement, the Lead Agency shall return to the County those funds, unexpended or misappropriated, which at the time of termination, have been paid to the Lead Agency by the County. X. ASSIGNMENT /SUBCONTRACTING A. The Lead Agency shall not assign any portion of this Contract without the written consent of the County, and it is further agreed that said consent must be sought in writing by the Lead Agency not less than fifteen (15) days prior to the date of any proposed assignment; provided however that the Lead Agency shall, with the prior approval of the County, have the authority to contract with its participating emergency medical providers for service and facilities necessary to assure per- formance of this contract. B. Any work or services assigned hereunder sh.t11 be subject to each provision of this Contract and proper bidding procedures where applicable as set forth by the County, State, and /or' Federal statutes, ordinances, and guidelines. C. Any technical /professional subcontract not listed in the contract, which is to be charged to the contract, must have expressed advanced approval by the County. Y.I. CHANGES Any party may request changes in the scope of services, performance or reporting standards to be performed or provided hereunder. Pro- posed changes, which are mutually agreed upon, shall be incorporated by written amendments to this Contract. XII. FUNDING ALTERNATIVES AND FUTURE SUPPORT A. The Lead Agency shall report all project income, including, but n t lirnit� —tc ueer fcce, generated under this Contract Ar /Pi) I for the purpose specified herein or generated through the n project funded under this Contract. Gifts or donations to 61/fe x individual Participating Emergency Medical Service Providers for purposes other than the support of the project funded under this contract shall not be considered as income reportable under the terms of this Contract. In shall approve by ordinaroo -g Lan for t'_o ^olloctio^ ^F-- or f -.o: such plan will bcc ms a part of this C ntract and incorporated by reforor.c2 Future support of the activity contracted for herein beyond the termination date of this Contract is contingent upon future appropriations by the King County Council and on the annual review by the King County Emergency Medical Services Review Committee of the Lead Agency's application for such support. XI:[:I:. HOLD HARMLESS AND INDEMNIPICATTO11 A. The Lead Agency shall protect, indemnify, and save harmless the County, its officers, agents, and employees from and against any and all claims and losses whatsoever occurring or resulting from supplying work, services, materials or supplies in connec- tion with the performance of this Contract. B. The Lead Agency further agrees that it is financially responsi- ble (liable) for any audit exception which occurs due to its negligence or failure to comply with the terms of the Contract. C. The Lead Agency agrees to protect and save King County, its elected and appointed officials, agents, and employees while acting within the scope of their duties as such, harmless from and against all claims, demands, and causes of action of any kind of character including the cost of defense thereof, arising in favor of the Lead Agency's officers, employees, and agents or third parties on account of personal injuries, death or damage to property arising out of services performed or omissions of services or in any way resulting from the willful or negligent acts or omissions of the Lead Agency and /or its agents, employees, subcontractors or representatives. D. Without limiting the Lead Agency's indemnification, it is agreed that the Lead Agency shall maintain in force at all time during the performance of this Contract a policy or poli- cies of insurance covering its operations. 1. The Lead Agency shall obtain and maintain continuously public liability insurance with limits of liability not less than: $100,000 each person, personal injury $300,000 each occurrence, personal injury $100,000 each occurrence, property damage liability or a combined single limit of $300,000 each occurrence, personal injury and /or property damage liability. Such insurance shall include King County as an additional insured and shall not be reduced or cancelled without thirty (30) days written prior notice to the County. The Lead Agency shall provide a certificate of insurance, or, upon written request of the County, a duplicate of the policy as evLdence of the insurance protection afforded. 2. The Lead Agency shall obtain and maintain continuously malpractice insurance to cover the services provided by paramedics in the amount or not less than $300,000 com- bined single limit per claim /aggregate. XIV. NON DISCRIMINATION Except to the extent permitted by a bona fide occupational quali- fication, the Lead Agency agrees as follows: A. King County Ordinance No. 00198 is part of the Contract and the Lead Agency and its employees shall be governed by its provisions. B. The Lead Agency will not discriminate against any employee or applicant for employment because of race, color, religion, creed, sex, national origin, marital status, or the presence of any sensory, mental or physical handicap or age. The Lead Agency will ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, creed, sex, national origin, marital status, or the presence of any sensory, mental or physical handicap or age. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruit- ment or recruitment advertising, lay -off or termination, rates of pay or other forms of compensation, and selection for training. C. The Lead'Agency will, in all solicitations for employees or job orders for employees placed with any employment agency, union, or other firm or agency, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, creed, sex, national origin, marital status, or the presence of any sensory, mental or physical handicap or age. The words "equal opportunity employer" in advertisements shall constitute compliance with this section. D. The Lead Agency will send to each labor union or representative. of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the said :Labor union workers' representative of the commitments under this section. E. The Lead Agency will include the provisions of the foregoing paragraphs A, 13, C, and D in every subcontract or purchase order for goods or service which are the subject matter of this Con- tract. In the event of noncompliance by the Lead Agency with any of the nondiscrimination provisions of this Contract, the County shall have the right, at its option to cancel the Con- tract in whole or in part. If the Contract is cancelled after part performance, the County shall be obligated to pay the fair market value or the contract price,-whichever is lower, for goods or services which have been received. XV. CONFLICT OF INTEREST A. Interest of Members of County. No officer, employee, or agent of the County who exercises any functions or responsibilities in connection with the planning and carrying out of the Program, or any other person who exercises any functions or responsibi- lities in connection with the Program, shall have any personal financial interest, direct or indirect, in this Contract; and the Lead Agency shall take appropriate steps to insure compliance. B. The Lead Agency agrees that it will incorporate into every contract required to be in writing the following provisions: Interest of Contractor and Employees. The Contractor covenants that no person who presently exercises any functions or responsibilities in connection with the Program, has any personal financial interest, direct or indirect, in this Contract. The Contractor further cove- nants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of his services hereunder. The Contractor further covenants that in the performance of this Contract no person having any conflicting interest shall be employed. Any interest on the part of the Contractor or his employees must be disclosed to the Leacl Agency and the County, per. King County Ordinance No. 2294. XVI POLITICAL AC'1':I.V:1:7.'Y PROHIBITED None of the funds, materials, property or service provided directly or.indirectly under this Contract shall he used in the performance of this Contract for any partisan political activity, or to further the election or defeat of any candidate for public office. XVII. EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP A. The Lead Agency agrees that any equipment purchased in whole or in part with Contract funds at a cost of $50 (fifty dollars) per item or more, is upon its purchase or receipt the property of the County and /or Federal /State government. B. The Leaci Agency shall be responsible for all such property, including the proper care and maintenance of the equipment. C. The Lead Agency will ensure that all such equipment will be returned to the County or Federal /State government upon termination of this Contract, unless otherwise agreed upon by the parties. D. The Lead Agency will admit the County's Property Management Officer to the Lead Agency's premises for the purpose of marking such property with County Property tags. E. The Lead Agency shall establish and maintain inventory records and transaction documents (i.e., purchase requisitions, packing slips, invoices, and receipts) of equipment purchased with Contract funds. VXIII. ENTIRE CONTRACT The parties agreed that this Contract is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. Further, any modification of this Contract shall be in writing and signed by both parties. Failure to comply with any of the provisions stated herein shall constitute material breach of contract and cause for termination. Both parties recognize time is of the essence in the performance of the provisions of this Contract. It is also agreed by the parties that the foregiveness of the nonperformance of any provision of this Contract does not constitute a waiver of the provisions; of this Contract. IN WITNESS WHEREOF the parties hereto have caused this Contract to be executed in the day and year first herein above 'written. COUTY By Its APPROVED AS TO FORM: Kirig County Prosecuting Attorney LEAD AGENCY PARTICIPATING EMERGENCY MEDICAL SERVICE PROVIDER