HomeMy WebLinkAboutCOW 2020-01-13 Item 4E - Contract - Ambulance Services with Tri-MedCOUNCIL AGENDA SYNOPSIS
Aleefin,q Date
Prepared by
Mayor's review
Council review
01/13/20
JCW
'
01/27/20
JCW
ITEM INFORMATION
ITEM NO.
4.E.
STAFF SPONSOR: JAY C WITTWER
1/13/2020
AGF,NDA ITLa1 Trri_E Ambulance Contract with Tukwila Fire Department and Tri-Med Inc.
CATI-.GORY ® Discussion
Mtg Date 01113120
® Motion
Mtg Date 01127120
❑ Resolution
A1tg Date
❑ Ordinance
Alt g Date
❑ BtdAzvard
Mtg Date
❑ Public Hearing
Nltg Date
❑Other
g Date
Alt
SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑Finance ®Fire ❑TS ❑P&R [:]Police ❑PIY/ ❑Court
SPONSOR'S A Contract for service agreement made between the City of Tukwila Fire Department and
SUI` NL\1zY Tri-Med Ambulance Inc. This is brought before council to review and a motion to approve
is requested.
RL-VIEWED BY ® C.O.V. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm.
❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 01/13/2020 CONINUTTEE CHAIR: QUINN
RECOMMENDATIONS:
SPONSOR/ADMIN. Fire Department
CO�I��tl'I'I'FF:
COST IMPACT / FUND SOURCE
EYPINDI"I'URI? REQLIIRI,:D AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
01/13/20
Forward to Special Meeting
01/27/20
MTG. DATE
ATTACHMENTS
01/13/20
Informational Memorandum dated 01/06/20
Copy of Contract
01/27/20
No attachments
:•
Do re
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO:
Committee of the Whole
FROM:
Jay C. Wittwer, Fire Chief
BY:
Jay C. Wittwer Fire Chief
CC:
Mayor Ekberg
DATE:
01/06/2020
SUBJECT:
Ambulance Contract
ISSUE
The City of Tukwila has not had a service contract with an ambulance transport vendor. The
attached contract is an agreement between Tri-Med Ambulance and The City of Tukwila Fire
Department.
BACKGROUND
For many years our community has been provided transport services from Tri-Med Ambulance.
They provide a basic level of ambulance transport to those that require this service. Part of this
service requires the Fire Department to review those services provided to ensure that this
service is meeting the needs of the community.
Other communities in the region receive a reimbursement for that internal review process
provided by the fire service in those communities. The reimbursement is based on the amount
of service provided by the contractor.
DISCUSSION
The City of Tukwila will now enter into this service agreement with Tri-Med Ambulance and will
receive two thousand dollars ($2000.00) for the review efforts made by the fire department as
listed above. The Tukwila City Attorney designed this contract and Tri-Med Ambulance has
agreed to all the terms listed in the contract.
RECOMMENDATION
The City Council is asked to review this agreement. Approval is requested to forward this
agreement during January 13, 2020 Council of the Whole meeting for final approval at the
special meeting held on January 27, 2020.
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Emergency and Basic Life Support Ambulance Services Agreement between
the City of Tukwila and Tri-Med Ambulance, LLC
This Agreement is made this day of ti lei". , 2019 ("Effective Date"), by and between
the City of Tukwila, a Washington municipal corporation ("City"), and Tri-Med Ambulance, LLC,
a limited liability corporation ("Contractor").
RECITALS
1. The City of Tukwila Fire Department is the first responder for all 9-1-1 calls and performs
triage and interrogation of all patients that utilize the 9-1-1 system within the areas served
by the City.
2. Advanced Life Support ("ALS") services within the City are provided by King County
Medic 1.
3. The City of Tukwila Fire Department may_ participate in a community assistance referrals
and education services program ("FDCARES") designed to serve the community by
reducing the need for emergency services (Executive Summary of FDCARES Program
attached as Exhibit D).
4. The Contractor recognizes the value of the FDCARES program, supports the FDCARES
program and intends to work cooperatively with the City of Tukwila Fire Department to
expand and develop the FDCARES program.
5. The City desires to enter into an Agreement with the Contractor to provide backup Basic
Life Support ("BLS") transport services 24 hours per day, 365 days per year within the
City's Service Area as defined in section 2.14 and Exhibit A. The BLS transport service
shall be provided when requested by the City, with the understanding that a Tukwila
Fire Department Aid Unit may provide for the primary means of patient transport.
AGREEMENT
1. Term. The initial term of this Agreement shall be one (1) year from the effective date of
January 1, 2020. The City, at its sole discretion, may renew this Agreement for two
additional two-year terms, each upon terms and conditions satisfactory to the City. The
renewal shall be completed upon execution of an addendum by all parties.
2. Definitions. For purposes of clarity and consistency, the following terms shall have the
following meanings in this Agreement, unless the context clearly requires a different
meaning.
2.1 "Ambulance Unit" means the vehicle and personnel provided by the Contractor
responding to a request for BLS service.
2.2 "At Scene Time" means the point in time when the ambulance unit reports it is
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physically stopped at the correct scene. In situations where the unit has been
directed to respond to a location other than the scene, e.g., staging areas for
hazardous materials/violent crime incidents, or non -secured scenes, "at scene time"
shall be the point in time the ambulance unit reports it has arrived at the designated
staging location. In instances when an ambulance unit fails to report when it has
arrived "at scene," "at scene time" shall mean the point in time of the first
communication or status transmission from the scene by that ambulance unit.
2.3 "City" means the City of Tukwila.
2.4 "Contract Administrator" shall mean the City's Fire Official.
2.5 "Contractor" means Tri-Med Ambulance, LLC or any approved successors and
assigns of Tri-Med Ambulance, LLC.
2.6 "Emergency and Non -Emergency BLS Services" means basic life support services
provided in support of the City, which are the subject of this Agreement.
2.7 "Fire Department" or "Department" means the Tukwila Fire Department.
2.8 "Fire Official" means the Fire Chief or the Fire Chief's designee.
2.9 "Incident Commander" means the City of Tukwila Fire Department person in
charge of the emergency response at an incident.
2.10 "Performance Standards" are those standards as required in Section 5 of the
Agreement.
2.11 "Region" means the geographical boundaries of King County, Washington.
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2.12 "Request Received" means the point in time when the incident address is confirmed
by the Contractor's dispatcher.
2.13 "Response Time" means the time interval from the time when the Contractor's
dispatcher receives a request for service from the City of Tukwila Fire Department
to the time an ambulance unit arrives at the scene of the incident.
2.14 "City Service Area" means the areas described and defined in Exhibit A.
2.15 "Unit Hours" means amount of time calculated in hours that a fully staffed and
equipped apparatus is available for service.
2.16 "Hospital Control" means Disaster Medical Control and is the command center that
monitors bed availability and manages placement of patients at area hospitals in the
event of a large-scale disaster.
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3. Business Licensing and Ch. 5.04 of the Tukwila Municipal Code. Ch. 5.04 TMC, as now
enacted or hereafter amended, shall apply for the duration of this Agreement for services
provided in City limits. The Contractor shall obtain and maintain a City business license
and shall meet all conditions of Ch. 5.04 TMC throughout the duration of this Agreement.
A true and correct copy of Ch. 5.04 TMC, as currently enacted, is attached as Exhibit B.
4. Volume of Business. The City of Tukwila Fire Department may act as the primary provider
of BLS transports in the City Service Area and does not guarantee a volume of business.
Actual volume will depend upon demand for services and the Contractor's performance.
5. Scope of Services - Performance Standards.
5.1 City Service Area of the Tukwila Fire Department. The Contractor shall provide
backup BLS transport services for the City Service Area of the Tukwila Fire Department
as defined in Exhibit A of this Agreement.
5.2 Patient Care Performance.
5.2.1 Standards. The Contractor shall continuously meet or exceed the patient
care performance standards as provided by State law and the most current
King County Patient Care Guidelines for Basic Life Support. Additionally,
the Contractor shall have its own Medical Direction Program. In the event
there are conflicts among these standards, the controlling standard shall be
State law, then the King County Patient Care Guidelines, and then the
Contractor's Medical Direction Program.
5.2.2 Transport Protocols. The Contractor shall adhere to City transport protocols
for services performed under this Agreement.
5.2.2.1 The Contractor agrees that it is the responsibility of the City of
Tukwila Fire Department to provide rapid initial BLS response
and (at times) transport to all requests for medical assistance and
advanced field life support to medical emergencies within the City
Service Area. Except when authorized by the City of Tukwila Fire
Department, the Contractor shall not provide rapid initial BLS
response and transport or advance life support to medical
emergencies within the response area.
5.2.2.2 When the Contractor arrives at an incident scene in response to a
City of Tukwila Fire Department request, the Contractor's
personnel shall report to the incident commander, or his/her
designee, in charge of the emergency who shall, when appropriate,
designate the mode of transportation and the hospital to be
utilized. Patients in a life -threatening or potentially life -
threatening condition shall be transported to area hospitals as
directed by the City of Tukwila Fire Department.
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5.2.2.3 The Contractor shall immediately request the services of the City
of Tukwila Fire Department and, if appropriate, King County
Medic 1, if the Contractor receives a citizen request for emergency
medical assistance. In the event that a non -life -threatening
emergency being handled by the Contractor becomes an
emergency requiring the services of a BLS or ALS technician, the
Contractor shall immediately request the services of the City of
Tukwila Fire Department.
5.2.3 Liquidated Damages. In the event the Contractor fails to meet or exceed
patient care performance standards and transport protocols, the Contractor
shall pay the City liquidated damages as described in section S.
5.2.4 Patient Care Performance Standards Monitoring. The Contractor shall
ensure its personnel complete documents related to responses and patient
care, including, but not limited to, Pre -hospital Care Reports (PCRs),
Against Medical Advice summary audits (AMAs), and ambulance response
failure/unusual occurrence forms. Such documents shall be made available
to the City upon request. The Contractor shall provide to the City of Tukwila
Fire Department by the loth day of each calendar month a report
summarizing its patient care performance during the preceding month.
Monthly during the first three months of operation, and quarterly thereafter,
the Contractor and the City shall meet to discuss matters of concern and to
review adherence to patient care performance standards and transport
protocols. The purpose of these meetings will be to maintain open and
proactive communications, resolve problems, and to provide an arena to
confer about patient care performance on the part of the Contractor or the
City. Contractor must maintain a commitment to work with the City of
Tukwila Fire Department and other King County Zone 3 departments to
work towards the implementation in the use of ESO sofhvare for patient
care reporting. This will be done in an effort to allow patient care reporting
to remain consistent amongst all agencies and provide the best patient
outcomes and feedback possible. Target date to implement ESO software
is March 1, 2020. Any delay to this date will be communicated to the
Tukwila Fire Department Administration as soon as practical.
5.3 Response Time Performance.
5.3.1 Standards. Every calendar month, the Contractor shall meet or
exceed the following standards within the City Service Area for the
City of Tukwila Fire Department as set forth in Exhibit A. Response
times shall be measured in minutes and seconds, and shall be timed -
stamped by the Contractor's computer- aided dispatch (CAD)
system.
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5.3.1.1 Emergency Incident Response Performance Standard. The
Contractor shall respond to ninety percent (90%) of all
City of Tukwila Fire Department requests within 17
minutes, 59 seconds in the "'code yellow" status. If
requested "code red" from time of dispatch, the Contractor
shall respond to ninety percent (90%) of all City of
Tukwila Fire Department requests within 12 minutes, 59
seconds.
5.3.2 Liquidated Damages. In the event the Contractor's response time
does not fall within the emergency incident response performance
standard, and the City of Tukwila Fire Department does not grant an
exemption to the delay or non -response, the Contractor shall pay to
the City liquidated damages as described in section 8.
5.3.3 Performance Incentive. During a calendar month and in the event
the Contractor meets or exceeds a ninety-five percent (95%)
response rate in the City of Tukwila Fire Department Service Area,
the City of Tukwila Fire Department shall waive liquidated damages
described in section 8.1 and 8.2 for that month, provided that during
that month the City of Tukwila Fire Department has not performed
BLS transport of a City of Tukwila Fire Department request due to
the Contractor exceeding the maximum response time, failing to
respond, failing to properly staff or equip unit, failing to report on -
scene, or for mechanical failure.
5.3.4 Exemption to Response Time Performance Standards. The
Contractor may apply and the City of Tukwila Fire Department may
Grant exemptions to response time performance standards in
situations beyond the Contractor's control that cause unavoidable
delays or no response. The City of Tukwila Fire Department shall
examine each request for exemption and shall take into
consideration the Contractor's staffing levels, dispatch times, in-
service times, traffic, street blockages, severe weather, and other
influencing factors. If the City of Tukwila Fire Department
determines the circumstances warrant, the City of Tukwila Fire
Department shall grant an exemption of the response from the
performance standards. To be eligible for such an exemption, the
Contractor shall apply for the exemption with supporting
documentation no later than the month following the month of the
occurrence. The following subsections describe situations wherein
the City of Tukwila Fire Department may grant an exemption.
5.3.4.1 Multiple Unit Response. In the event two (2) or more units
are simultaneously committed to one (1) incident, the first
arriving unit shall be held to the response time standard.
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City of Tukwila Fire Department shall grant an exemption
for each unit starting with the second unit provided the
additional units arrive at the scene within 20 minutes.
5.3.4.2 Concurrent Responses. In the event three (3) or more units
are simultaneously committed to one (1) incident, and two
(2) or more additional units are concurrently responding to
at least two (2) other separate incidents, the City of
Tukwila Fire Department shall grant an exemption for
each unit starting with the third unit.
5.3.4.3 Declared Disaster. In the event an emergency is declared
as defined by Ch. 43.06 RCW, the City of Tukwila Fire
Department shall grant an exemption for all units during
the declared emergency.
5.3.4.4 Canceled Request. In the event a request is canceled prior
to or at the unit's arrival on scene for reasons other than
exceeding the maximum response time standard, the City
of Tukwila Fire Department shall grant an exemption.
5.3.4.5 Response Location Errors. In the event the City of Tukwila
Fire Department provides an inaccurate address, or if the
location does not exist, the City of Tukwila Fire
Department shall grant a response time exemption, except
if the incorrect response is the result of an error made by
Contractor's personnel, in that event the City of Tukwila
Fire Department shall not grant an exemption.
5.3.4.6 Response Location Change. In the event the City of
Tukwila Fire Department changes the incident location
and the change delays the unit's response time because the
unit must reroute farther than one (1) city block to respond
to the call, the City of Tukwila Fire Department shall grant
an exemption.
5.3.4.7 Response Delayed by Accident. In the event the unit is
involved in an accident and cannot continue to respond to
the call, the City of Tukwila Fire Department will grant an
exemption provided the accident is not the fault of the
ambulance unit.
5.3.4.8 Response Requested to Area Outside City Service Area. In
the event the City of Tukwila Fire Department requests the
Contractor respond to an area outside of the City Service
Area, the City of Tukwila Fire Department shall grant an
exemption to the Emergency Response Performance
Standard on the condition that the Contractor use diligence
to respond to the scene within a reasonable time.
5.3.5 Response Time Performance Monitorinfz. The Contractor shall
provide to the City of Tukwila Fire Department by the 10th day of
each calendar month, a report detailing its response time
performance for the City of Tukwila Fire Department Service Area,
as designated in Exhibit A, during the preceding month and any
applications for exemptions. The Contractor shall document each
instance wherein a response resulted in a response time in excess of
the response performance standard, and shall detail the reason for
such delayed response time. The Contractor shall take all steps
necessary to eliminate causes of poor response time performance
and upon request shall provide the City of Tukwila Fire Department
with a summary of such corrective actions.
5.4 Inquiries and Complaints. The Contractor shall provide prompt written responses
and follow-up to inquiries and complaints. Such responses shall be subject to the
limitations imposed by patient confidentiality restrictions. The Contractor shall
provide to the City of Tukwila Fire Department by the 1 Oth day of each calendar
month a list of all complaints received and their respective dispositions. Copies of
such complaints will be made available to the City of Tukwila Fire Department
upon request. Any complaint received by the City shall be forwarded to the
Contractor for action, and the Contractor shall forward the disposition of the
incident to the City of Tukwila Fire Department within twenty-one (21) days of
receipt.
5.5 Dispatch and Communications.
5.5.1 Contractor's Dispatch/Communications Equipment and Personnel. The
Contractor shall furnish, operate, maintain, and replace or upgrade its
dispatch and communications equipment, radios, telephone equipment,
computer aided dispatch system equipment, including hardware and
software, and all other equipment and software necessary for its provision
of emergency BLS services.
5.5.2 Computer -Aided Dispatching. The Contractor shall utilize a CAD system
to record dispatch information for all requests for services. The Contractor's
CAD system shall generate, either automatically or through manual entry,
a dispatch record using generally accepted coding conventions and time -
stamping rules. The City of Tukwila Fire Department may require dispatch
information to be provided digitally for integration and review. The
Contractor shall ensure that all dispatching and communications with its
ambulance units is conducted in a manner that meets or exceeds all federal,
state, and local requirements, including the City's policies and procedures.
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5.5.3 Dispatch Communications. The Contractor shall record and maintain for a
minimum of 365 days audio recordings of all radio and telephone
communications with and between persons or agencies requesting
ambulance service, its units, personnel, and the Valley Communications
Center, including time track. Such recordings and records shall be made
available to the City of Tukwila Fire Department upon request.
5.5.4 Emergence Alerting Devices. The Contractor shall equip each ambulance
unit with installed radio communications equipment capable of notifying
ambulance personnel of response needs. In addition, each ambulance unit
shall contain at least one (1) portable two-way radio to provide the driver
or attendant with alerting and two-way communications capabilities when
away from the ambulance unit.
5.5.5 The Contractor shall not refuse to transport any person, when such person
is determined by the City of Tukwila Fire Department Incident
Commander to fall under the category of having a life -threatening,
potentially life -threatening, or other medical emergency. Charges for
services shall be made only to a patient actually transported by the
Contractor. Under no circumstances shall the City have any liability
whatsoever for the Contractor's transportation of the patient, or cost
incurred by the Contractor whether or not they transport.
5.5.6 The Contractor shall transport a patient to the nearest hospital capable of
providing the needed emergency medical services, or to a hospital of the
patient's choice. If a specific hospital is designated by Hospital Control in
a multiple casualty incident or by a paramedic or higher medical authority
at the scene of the emergency, the Contractor shall transport the patient to
that facility. All patients may be transported to area hospitals by City of
Tukwila Fire Department aid units, medic units, or ambulances as
determined by the City of Tukwila Fire Department Incident Commander.
5.5.7 The Contractor shall not install or operate any device or means on its units
that can be utilized to control traffic signaling devices, including, but not
limited, to Opticoms.
5.6 Vehicle Markings and Advertising Restrictions. Markings on ambulance units shall
not include seven (7) or ten (10) digit phone numbers or other advertising. The only
telephone number allowed is "9-1-1 ". The Contractor's standard logo, including its
name, is permitted. Temporary display applications must be approved by the City
prior to use.
5.7 Equipment Maintenance.
5.7.1 The Contractor shall be solely responsible for furnishing all equipment and
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parts for the maintenance of vehicles, onboard equipment, supplies, and
facilities used by the Contractor in performance of its work.
5.7.2 All equipment and supplies used by the Contractor must meet and comply
with all standards established by federal, state, and local laws, rules, and
regulations.
5.7.3 The Contractor shall be responsible for its radio system, channel selection,
securing, authorization for use, and the proper operation of the radio system.
5.8 Contractor's Personnel.
5.8.1 Staffing. For each ambulance unit responding to requests for BLS service
from the City of Tukwila Fire Department, the Contractor shall have at least two
(2) personnel who are certified and accredited as Emergency Medical Technicians-
B ("EMT-B").
5.8.2 Character and Competence of Personnel. The Contractor shall ensure that
its personnel conduct themselves in a professional and courteous manner. The
Contractor's personnel shall be competent and shall hold all required licenses,
permits and certificates in their respective trades or professions. The Contractor's
personnel shall wear uniforms that clearly identify the Contractor's business name
as well as the name of the particular employee. All personnel shall have a neat,
clean appearance; shall be courteous to patients; shall refrain from unprofessional
conduct or the use of foul language; and shall abide by all applicable federal, state;
and City laws and regulations. The City of Tukwila Fire Department may demand
the removal of any employee or subcontractor of the Contractor, subject to
appropriate investigation and determination, for misconduct or incompetent or
negligent performance. Such persons shall not be allowed to perform services under
this contract without the written consent of the City.
5.9 Major Emergency and Disaster Response within the City of Tukwila Fire
Department Service Area.
5.9.1 Major Emergency or Disaster Declared. In the event the Mayor or Fire
Official determines there is a major emergency or disaster, the City may
notify the Contractor that the normal course of business under the
Agreement may be interrupted. Immediately upon such notification, the
Contractor shall commit such resources as are requested by the City of
Tukwila Fire Department, given the nature of the incident, and shall assist
in accordance with applicable disaster plans and protocols.
5.9.2 Response Time Performance Standards. The Contractor shall be released by
the City of Tukwila Fire Department from response time performance
standards and liquidated damages, until notified by the City, that such
disaster assistance may be terminated, provided that the Contractor shall use
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due diligence to respond to the scene in an expeditious manner.
5.9.3 City of Tukwila Fire Department - First Priority. The Contractor
acknowledges that the City is entering into an Agreement with the
Contractor for the benefit of the public. The Contractor shall consider the
City of Tukwila Fire Department as a customer of its first priority and shall
make its best effort to provide emergency and non -emergency BLS services
to the City of Tukwila Fire Department in a timely manner. The Contractor
shall develop a mechanism for the immediate recall of personnel to staff
units during multi -casualty situations, times of peak overload, or major
emergency and disaster situations. This plan shall include the ability of the
Contractor to alert off -duty personnel.
5.9.4 Major Emergency or Disaster Terminated. When major emergency or
disaster assistance has been terminated, the Contractor shall resume normal
operations as rapidly as is practical considering exhaustion of personnel,
need for restocking, and other relevant considerations.
5.1.0 Incident Response to Other Local Jurisdictions. In the event the City Fire Official
determines an incident affects a local or neighboring jurisdiction, the City may
notify the Contractor that the normal course of business under the Agreement may
be interrupted. Immediately upon such notification, the Contractor may commit
such resources as are requested by the City of Tukwila Fire Department, given the
nature of the incident, and shall assist in accordance with disaster plans and
protocols applicable in the locality where the disaster has occurred.
Normal (i.e., not disaster related) mutual aid or multi -casualty incident assistance
rendered by the Contractor shall be performed in accordance with approved instant
aid/mutual aid agreements, and EMS agency policies and procedures. In the course
of rendering such instant aid/mutual aid services, the Contractor shall not
automatically be exempt from response time standards otherwise imposed by this
Agreement. The Contractor shall manage any response to such instant aid/mutual
aid requests in a manner that does not jeopardize the Contractor's ability to render
response time performance as required herein for the City of Tukwila Fire
Department.
5.11 Inspections.
5.11.1 Examination and Audit of Records. At any time during normal business
hours and as often as may reasonably be deemed necessary, City of Tukwila
Fire Department representatives and the EMS Medical Program Director(s)
may observe the Contractor's operations. Additionally, the Contractor shall
make available for examination and audit, all contracts, invoices, materials,
payrolls, inventory records, records of personnel (with the exception of
confidential personnel records), daily logs, conditions of employment, all
operational and procedure policy manuals, excerpts or transcripts from such
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records, all relevant fiscal records and other data related to all matters
covered by this contract.
5.11.1 Observe Operations and Ride Along. City of Tukwila Fire Department
representatives and the EMS Medical Program Director, may, at any time,
and without notification, directly observe Contractor's operation of its EMS
Communications Center, maintenance facility, and any ambulance post
location. A City of Tukwila Fire Department representative and the EMS
Chief, may, after providing at least five minutes notice, ride as third person
on any of the Contractor's ambulance units, provided that in exercising this
right to inspection and observation, such representatives shall conduct
themselves in a professional and courteous manner, shall not interfere in
any way with the Contractor's personnel in the performance of their duties
and contractual responsibilities, and shall, at all times, be respectful of the
Contractor's employer/employee relationship.
5.11.1 Time and Notification. The City of Tukwila Fire Department's right to
observe and inspect the Contractor's business office operations or records
shall be restricted to normal business hours, and reasonable notification
shall be given to the Contractor in advance of any such visit.
5.11.1 Cooperation. The Contractor will cooperate with and respond to the City of
Tukwila Fire Department and its Fire Official on all matters related to the
provision of emergency and non -emergency BLS ambulance services.
5.12 Billing, Collections. and Reporting. The Contractor shall be responsible for all
billing and collection functions related to services rendered pursuant to this
Agreement. The Contractor shall perform all such billing and collection functions
in a professional and courteous manner and in accordance with applicable federal,
state, and local laws, regulations, procedures and policies including, without
limitation, collection and credit reporting laws. The Contractor will not attempt to
collect fees at the scene, in route, or upon delivery of the patient to a health facility
for services rendered.
6. Contractor Rates.
6.1 Compensation. The Contractor's sole financial compensation for services rendered
under this Agreement shall be the rates billed and collected from patients and
responsible third parties. The City, local taxes, or subsidies shall not fund any
services provided by the Contractor.
6.2 Rates to be Filed. The Contractor shall file with the City and the Fire Official its
schedule of rates to be charged for services during the period of this Agreement.
The schedule of rates shall be a matter of public record open to public inspection.
The schedule of rates must be adhered to by the Contractor. If rates are periodically
adjusted during the business license period, they must be filed with the City.
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7. Contractor Payments to the City.
7.1 Monthly Payment. By the loth day of every calendar month, the Contractor shall
make a payment of $2,000 per month to the City. The first payment shall be due on
January 10, 2020. Payment shall be made payable to the "City of Tukwila" to cover
the City's costs of administering this Agreement and to support a future FDCARES
program. Such costs include, but are not limited to, the following:
7.1.1 The City's costs associated with monitoring Contractor's compliance with
this Agreement; and
7.1.2 The City's incremental costs associated with medical control.
7.2 Adjusted for Inflation. The monthly payment amount shall be effective through the
initial one-year term. If the City exercises its option to renew for additional one-
year terms, the monthly payment amount shall be adjusted on the anniversary of
the Effective Date of this Agreement using the preceding calendar year's annual
Consumer Price Index for all urban consumers Seattle -Tacoma -Bremerton
metropolitan area, as determined by the U.S. Department of Labor, Bureau of Labor
Statistics, to eliminate the effects of inflation. On the annual anniversary date of
this Agreement, the City shall provide the Contractor with a letter delineating the
basis for the monthly payments in order to satisfy Medicare requirements.
8. Liquidated Damages. This Agreement provides for the payment of liquidated damages in
certain circumstances of non-performance, breach, and default. Each party agrees that the
damaged party's actual damages in each such circumstance would be difficult or
impossible to ascertain, and that the liquidated damages provided for herein with respect
to each such circumstance are intended to place the damaged party in the same economic
position as it would have been in had the circumstance not occurred. Nothing in -this section
shall be construed to limit any remedies, including termination, provided for herein with
respect to any non-performance, breach, or default by the Contractor. Each and every call
that does not adhere to the scope of services and to the performance standards stated herein
shall first be classified as an alleged performance failure. Each alleged performance failure
shall be investigated by the Contractor and evaluated by the City of Tukwila Fire
Department. The City of Tukwila Fire Department shall determine whether there were
appropriate or acceptable extenuating circumstances that caused or significantly
contributed to the performance failure. The Contractor shall pay liquidated damages to the
City for all performance failures that are determined to be the fault of the Contractor and
not the result of an extenuating circumstance. All payments for liquidated damages shall
be made payable to the '`City of Tukwila.''
8.1 Liquidated Damages for Emergency Request. For any individual "code red"
response to a request from the City of Tukwila Fire Department at dispatch that
exceeds 12 minutes, 59 seconds, the Contractor shall be assessed liquidated
damages at a rate of fifty dollars ($50) per minute, or fraction thereof, for each
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minute to a maximum of two hundred fifty dollars ($250).
8.2 Liquidated Damages for Exceeding the Maximum Response Time. For any
individual response for the City of Tukwila Fire Department exceeding the
maximum response time, or being cancelled due to exceeding the maximum
response time, the Contractor shall be assessed liquidated damages of five hundred
dollars ($500) and shall not be assessed the liquidated damages described in section
8.1 and 8.3.
8.3 Liquidated Damages for Failure to Respond. In the event the Contractor fails or is
unable to respond to a City of Tukwila Fire Department request, the Contractor
shall be assessed liquidated damages of five hundred dollars ($500) per incident.
8.4 Liquidated Damages for Failure to Properly Staff Unit for the City of Tukwila Fire
Department. In the event the Contractor fails to staff any ambulance unit pursuant
to subsection 5.7.1, the Contractor shall be assessed five hundred dollars ($500) per
unit hour or portion thereof.
8.5 Liquidated Damages for Failure to Furnish Required Documentation. In the event
the Contractor fails to furnish required information, reports, or documentation
within the time period specified by this Agreement or by the City of Tukwila Fire
Department's reasonable request, the City of Tukwila Fire Department may, at its
option, impose liquidated damages of fifty dollars ($50) per day for each item of
such information, report, or document. Such liquidated damages shall not be
applied in cases where the cause of such reporting deficiency was beyond the
Contractor's reasonable control.
8.6 Liquidated Damages for Mechanical Failure. If an ambulance vehicle experiences
a mechanical failure (breakdown) while transporting a patient to a hospital at
request of the City of Tukwila Fire Department, the Contractor shall be assessed
liquidated damages of five hundred dollars ($500) except when the Contractor has
provided timely and appropriate patient transfer and when the Contractor has
properly maintained the vehicle.
8.7 Liquidated Damages for Failure of Crew to Report. The Contractor shall be
assessed liquidated damages of fifty dollars ($50) for failure of the ambulance crew
to report their on -scene arrival to its dispatcher for any of its calls for the City of
Tukwila Fire Department. The Contractor shall be assessed liquidated damages of
five hundred dollars ($500) for each incident where the City of Tukwila Fire
Department determines that the crew, dispatchers, or management personnel of the
Contractor reported a false on -scene arrival time.
8.8 Liquidated Damages for Failure to Obtain and Utilize CAD. The Contractor shall
be assessed liquidated damages of two hundred fifty dollars ($250) per day for
failure to utilize an acceptable CAD system within six (6) months of the effective
date of this Agreement.
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8.9 Aggregated Failure. If in any contract year the Contractor maintains a response time
performance level at less than 90% monthly compliance in any four (4) months or
two (2) consecutive months, the City shall have the right to terminate this
Agreement.
8.10 Invoicing and Payment of Liquidated Damages. No more frequently than monthly
and at least quarterly, the City shall invoice the Contractor for any liquidated
damages assessed during the prior period. The Contractor shall pay the liquidated
damages within thirty (30) days of receipt of the invoice. In the event the City fails
to invoice within thirty (30) days of the end of the prior period, the liquidated
damages shall be deemed waived for the period.
8.11 Appeal of Liquidated Damages Assessment. The Contractor may request that the
City's Contract Administrator reconsider imposition of liquidated damages. In
instances when the City's Contract Administrator reviewed the circumstances for
imposing liquidated damages and determined that the grounds were sufficient to
justify the imposition of the liquidated damages, the Contractor shall have the right
to appeal such determination to the Tukwila Fire Official. The Contract
Administrator shall report the reasons for the determination to impose liquidated
damages to the Tukwila Fire Official. The ruling of the Tukwila Fire Official shall
be final.
9. Termination.
9.1 Written Advance Notice. Either party may terminate this Agreement by providing
ninety (90) days advance written notice to the other party of that parry's intent to
terminate. A breach of the terms of this agreement need not occur to terminate under
this section. If this Agreement is terminated, the City has the right to offer the
remainder of the existing Agreement and its extensions to an existing contractor
within the City of Tukwila Fire Department service area for right of first refusal.
In the event that the Contractor chooses to exercise its right to terminate under this
section, it shall pay to the City liquidated damages of ten thousand dollars
($10,000), which amount has been determined consistent with the language of
Paragraph 8 to offset the City's costs in procuring a new contractor.
9.2 Contractor Breach and Provisions for Early Termination. Conditions and
circumstances that constitute a breach of the Agreement include, but are not limited
to, the following:
9.2.1 Failure of the Contractor to perform in accordance with any of the
provisions of this Agreement.
9.2.2 Failure of the Contractor to operate the system in a manner that enables the
City and the Contractor to remain in compliance with federal or state laws,
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rules, or regulations.
9.2.3 Falsification of information supplied by the Contractor during the term of
this Agreement, including but not limited to altering the presumptive run
code designations to enhance the Contractor's apparent performance or
falsification of any other data required under the contract.
9.2.4 Creating patient responses or transports so as to artificially inflate run
volumes.
9.2.5 Failure of the Contractor to provide data generated in the course of
operations, including but not limited to dispatch data, patient report data,
response time data, or financial data.
9.2.6 Excessive and unauthorized scaling down of operations to the detriment of
performance during a "lame duck" period. (See section 12.)
9.2.7 Failure of Contractor's personnel to conduct themselves in a professional
and courteous manner and present a professional appearance.
9.2.8 Failure of the Contractor to maintain equipment in accordance with
manufacturer recommended maintenance procedures.
9.2.9 Failure of the Contractor to cooperate with and assist the City after breach
has been declared.
9.2.10 Acceptance by the Contractor or Contractor's personnel of any bribe,
kickback or consideration of any kind in exchange for any consideration
whatsoever, when such consideration or action on the part of the Contractor
or Contractor's personnel could be reasonably construed as a violation of
federal, state, or local law.
9.2.11 Payment by the Contractor or any of Contractor's personnel of any bribe,
kickback, or consideration of any kind to any federal, state, or local public
official or consultant in exchange for any consideration whatsoever, when
such consideration could be reasonably construed as a violation of any
federal, state, or local law.
9.2.12 Failure of the Contractor to meet the standard of care as established by this
Agreement.
9.2.13 Failure of the Contractor to maintain insurance in accordance with this
Agreement.
9.2.14 Failure of the Contractor to meet response time requirements for the City of
Tukwila Fire Department as set forth in this Agreement.
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9.2.15 The filing of any bankruptcy or any other similar action, which, in the
opinion of the City, places the performance of the contract at risk.
9.2.16 Failure to submit reports and information under the terms and conditions
outlined in this Agreement.
10. City's Remedies.
10.1 If conditions or circumstances constituting a breach as set forth above are
determined to exist, the City shall have all rights and remedies available at law or
in equity under this Agreement, specifically including the right to terminate the
Agreement.
11. Process for Termination of Contract Due to Breach.
11.1 In the event of breach, the City will give the Contractor written notice, return receipt
requested, setting forth with reasonable specificity the nature of the breach. Within
five (5) calendar days of receipt of such notice, the Contractor will deliver to the
City of Tukwila Fire Department, in writing, a plan to cure such breach. The plan
will be updated, in writing, every five (5) calendar days until the breach is cured.
The Contractor shall have the right to cure such breach within thirty (30) calendar
days of receipt of notice of breach. If the Contractor fails to cure such breach within
the time period allowed for cure (such failure to be determined by the sole and
absolute discretion of the City of Tukwila Fire Department), or the Contractor fails
to timely deliver the cure plan, or updates to the City of Tukwila Fire Department,
the City may immediately terminate the Agreement. The Contractor will then
cooperate completely and immediately with the City of Tukwila Fire Department
to affect a prompt and orderly transfer of all responsibilities to the City.
11.2 The Contractor will not be prohibited from disputing any findings of breach through
litigation, provided that such litigation will not have the effect of delaying, in any
way, the immediate transfer of operations to the City. These provisions will be
specifically stipulated and agreed to by both parties as being reasonable and
necessary for the protection of public health and safety. Any legal dispute
concerning the finding that a breach has occurred will be initiated and shall take
place only after the transfer of operations to the City has been completed, and will
not, under any circumstances, delay the process of transferring operations to the
City.
11.3 The Contractor's cooperation with and full support of the City of Tukwila Fire
Department's termination of the Agreement will not be construed as acceptance by
the Contractor of the finding of breach. However, failure on the part of the
Contractor to cooperate fully with the City to affect a smooth and safe transition
shall itself constitute a breach of contract.
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11.4 In the event an agreement with one contractor is terminated, the remaining
contractor shall have the right to assume the territory served by the terminated
contractor. The intent to assume such territory shall be provided to the City in
writing within fourteen (14) days of receiving notice from the City of the
termination of the other contractor.
12. "Lame Duck' Provisions. Should the Contractor fail to prevail in a future procurement
cycle, the Contractor will agree to continue to provide all services required in and under
the Agreement until a new contractor assumes service responsibilities. To ensure continued
performance fully consistent with the requirements of the Agreement through any such
period, the following provisions will apply:
12.1 The Contractor will continue all operations and support services at the same level
of effort and performance that were specified in the contract in effect prior to the
award of the subsequent agreement to a competing provider.
12.2 The Contractor will make no changes in methods of operation that could reasonably
be considered to be aimed at cutting Contractor services and operating costs to
maximize profits during the final stages of the Agreement.
12.3 The City recognizes that if a competing provider should prevail in a future
procurement cycle, the Contractor may reasonably begin to prepare for transition
of the service to a new contractor. The City will not unreasonably withhold its
approval of the Contractor's request to begin an orderly transition process,
including reasonable plans to relocate staff, scale down certain inventory items,
etc., as long as such transition activity does not impair the Contractor's performance
during this period.
13. Proprietary and Confidential Information. The Contractor acknowledges that the City is
required by law to make its records available for public inspection, with certain exceptions
(see RCW Chapter 42.56). In the event the City receives a request for disclosure of
proprietary descriptive or confidential information that contains valuable business policies,
trade secrets or practices, financial data, customer data, designs, drawings, or formulas,
such information may be protected from disclosure. If the City believes disclosure is
required, the City shall notify the Contractor prior to disclosure of such information so that
the Contractor may seek a protective court order or equivalent. If, in the absence of a
protective order or equivalent, the City determines in good faith that it is nonetheless
required to disclose the proprietary or confidential information, the City will disclose only
that portion of the information which is required to be disclosed and will use reasonable
efforts to preserve the confidentiality of the other proprietary and confidential information,
including without limitation, cooperating with the Contractor to obtain an appropriate
protective order, or by obtaining written assurance from the applicable judicial or
governmental entity that it will afford the confidential information the highest level of
protection afforded under applicable law or regulation. The Contractor, by submission of
materials marked proprietary and confidential, nevertheless, acknowledges and agrees that
the City will have no obligation or any liability to the Contractor in the event that the City
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must disclose these materials.
14. Indemnification. The Contractor does hereby release and shall defend, indemnify, and hold
the City and its employees and agents harmless from all losses, liabilities, claims, costs
(including attorney fees), actions or damages of any sort whatsoever arising out of the
Contractor's performance of the services contemplated by this Agreement except to the
extent attributable to the negligent acts or omissions of the City. The indemnification
provided for in this section shall survive any termination or expiration of this Agreement.
If any action is brought against the City by any employee of the Contractor, the
indemnification obligation of the Contractor set forth in this section shall not be limited
by the amount or type of damages, compensation or benefits payable by or for Contractor
under the Industrial Insurance Act (RCW Title 51), or any other employee benefit act. In
addition, solely for the purpose of giving full effect to the indemnities contained herein and
not for the benefit of the Contractor's employees or any third parties, the Contractor waives
its immunity under RCW Title 51. The Contractor acknowledges that the foregoing waiver
was mutually negotiated.
15. Insurance. The Contractor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit "C" attached and
incorporated by this reference.
16. Compliance with Law.
16.1 General Requirement. The Contractor, at its sole cost and expense, shall perform
and comply with all applicable laws of the United States and the State of
Washington, the municipal code and ordinances of the City of Tukwila, King
County, the City and rules, regulations, orders, and directives of their administrative
agencies and the officers thereof. Without limiting the generality of this paragraph,
the Contractor shall specifically comply with the following requirements of this
section.
16.1.1 Licenses and Similar Authorizations. The Contractor, at no expense to the
City, shall secure and maintain in full force and effect during the term of
this Agreement all required licenses, permits, and similar legal
authorizations, and comply with all requirements thereof.
16.1.2 Taxes. The Contractor shall pay, before delinquency, all taxes, levies, and
assessments arising from its activities and undertakings under this
Agreement, including, but not limited to, taxes levied on its property,
equipment and improvements, and taxes on the Contractor's interest in this
Agreement.
16.1.3 Use of Recycled Content Paper. The Contractor shall, whenever practicable,
use recycled content paper on all documents submitted to the City.
17. Contractual Relationship. This Agreement does not establish the Contractor as an agent or
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legal representative of the City for any purpose whatsoever, and the relationship of the
Contractor to the City by reason of this Agreement shall be that of an independent
contractor. The Contractor is not granted any express or implied right or authority to
assume or create any obligation or responsibility on behalf of or in the name of the City or
to bind the City in any manner or thing whatsoever. Both parties, in the performance of the
Agreement, will be acting in their individual capacities and not as agents, employees,
partners, joint ventures or associates of one another. The employees, subcontractors, or
agents of one party shall not be deemed or construed to be the employees, subcontractors,
or agents of the other party for any purpose whatsoever. The Contractor shall ensure that
all the Contractor's employees, subcontractors, and agents are properly trained and frilly
equipped to perform their assigned tasks.
18. Discrimination.
18.1 In the hiring of employees for the performance of work under this Agreement or
any subcontract, the Contractor, its subcontractors, or any person acting on behalf
of the Contractor or subcontractor shall not, by reason of race, religion, color, sex,
age, sexual orientation, national origin, or the presence of any sensory, mental, or
physical disability, discriminate against any person who is qualified and available
to perform the work to which the employment relates.
19. Assignment and Subcontracting. The Contractor shall not assign or subcontract any of its
obligations under this Agreement without the City's prior written consent. The City's
written consent may be granted or withheld at the City's sole discretion. Any subcontract
made by the Contractor shall incorporate by reference all the terms of this Agreement. The
Contractor shall ensure that all subcontractors comply with the obligations and
requirements of this Agreement. The City's consent to any assignment or subcontract shall
not release the Contractor from liability under this Agreement, or from any obligation to
be performed under this Agreement, whether occurring before or after such consent,
assignment, or subcontract.
20. Amendments. No modification or amendment of the provisions hereof shall be effective
unless in writing and signed by authorized representatives of the parties hereto. The parties
hereto expressly reserve the right to modify this Agreement, from time to time, by mutual
agreement.
21. Executory Aueement. This Agreement will not be considered valid until signed by both
parties.
22. Binding Effect. The provisions, covenants and conditions in this Agreement apply to bind
the parties, their legal heirs, representatives, successors, and assigns.
23. Applicable Law. This Agreement shall be construed and interpreted in accordance with the
laws of the State of Washington. The venue of any action brought hereunder shall be the
Superior Court for King County.
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24. Remedies Cumulative. Remedies under this Agreement are cumulative; the use of one
remedy shall not be taken to exclude or waive the right to use another.
25. Captions. The titles of sections are for convenience only and do not define or limit the
contents.
26. Severability. If any term or provision of this Agreement shall, to any extent, be determined
by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this
Agreement shall not be affected thereby, and each term and provision of this Agreement
shall be valid and enforceable to the fullest extent permitted by law.
27. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived,
except by written consent of the party against whom the waiver is claimed, and any waiver
of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any
preceding or succeeding breach of the same or any other covenant, term, or condition.
Acceptance by the City of any performance by the Contractor after the time the same shall
have become due shall not constitute a waiver by the City of the breach or default of any
covenant, term, or condition unless otherwise expressly agreed to by the City in writing.
28. Entire Agreement. This document, along with any exhibits and attachments, constitutes the
entire agreement between the parties with respect to the scope of work herein. No verbal
agreements or conversations between any officer, agent, associate, or employee of the City
and any officer, agency, employee, or associate of the Contractor prior to the execution of
this Agreement shall affect or modify any of the terms or obligations contained in this
Agreement.
29. Negotiated Agreement. The parties to this Agreement acknowledge that it is a negotiated
agreement, that they have had the opportunity to have this Agreement reviewed by their
respective legal counsel, and that the terms and conditions of this Agreement are not to be
construed against any party on the basis of such parry's draftsmanship thereof.
30. Breach of Agreement. The City considers any breach of the Agreement serious and will
seek remedies commensurate with the severity and magnitude of the event. Remedies could
include but are not limited to corrective measures, liquidated damages, probation or
suspension, or termination of the Agreement. It is the intent and desire of the City to
maintain a good working relationship with the Contractor while at the same time ensuring
service to the community.
31. Addresses for Notices. All notices to be delivered hereunder shall be in writing and shall
be delivered or mailed to the following addresses:
If to Citv:
If to Contractor:
City of Tukwila Tri-Med Ambulance
6200 Southcenter Blvd. 18821 E Valley Hwy
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112
Tukwila, WA 98188 Kent, WA 98032
or such other respective addresses as may be specified herein or as either party may, from
time to time, designated in writing.
32. Disputes. Any disputes or misunderstandings that may arise under this Agreement
concerning the Contractor's performance for the City of Tukwila Fire Department shall
first be resolved through amicable negotiations, if possible, between the Contractor's
project manager and the City's Contract Administrator, or if necessary, shall be referred to
the Fire Official and the Contractor's senior executive(s). If such officials do not agree
upon a decision within a reasonable period of time, the parties may pursue other legal
means to resolve such disputes, including but not limited to alternate dispute resolution
processes.
33. Authority. Each party has full power and authority to enter into and perform this
Agreement, and the person signing this Agreement on behalf of each party has been
properly authorized and empowered to enter into this Agreement. Each party further
acknowledges that it has read this Agreement, understands it, and agrees to be bound by it.
IN WITNESS WHEREOF, the City and Contractor have caused this Agreement to be executed.
CITY:
By:
Print Name:
Its:
Date:
CONTRACTOR:
By: (�G
Print Name:
Its:
Date: /Lfyl��f�
21
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114
EXHIBIT A
City Service Area
The Tukwila Fire Department provides emergency medical response to the areas within the city
limits of Tukwila, and the jurisdictional boundaries of King County Fire District No. 24.
The attached map, which is incorporated into this Exhibit A, accurately sets forth the service area.
einq Field./
ntema nal -
!. Airpo :.,...,...
Renton
Municipal
— — e - Airport
r
Tulaffla
Buller =
'— Seattle-
Tacoma
International -- -
Airport SeaTae
rarnialldy
Park _
King Coun r
Fire District 924
— = Kent
EXHIBIT A
115
116
EXHIBIT B
Incorporated as Exhibit B: Tukwila Municipal Code Chapter 5.04Licenses Generally.
Remainder ofpage intentionally left blank
EXHIBIT B-1
117
TUKWILA MUNICIPAL CODE
CHAPTER 5.04
LICENSES GENERALLY
Sections:
5.04.010
Definitions
5.04.012
Purpose
5.04.015
Business License Required
5.04,020
Applications and Fees Required
5.04.030
Issuance of a License and Annual Renewal
5.04.040
Prorating Fee
5.04.050
Late Acquisition or Renewal
5.04.060
Transferability
5.04.070
Change in UBI #, Ownership, Physical Location
or Nature of Business
5.04.080
Required — Display
5.04.090
Exemption
5.04.100
Failure to Pay Fee
5.04.105
Additional Requirements for Issuance of
Business License
5.04.110
Denial, Suspension, Revocation
5.04.112
Appeal of Notice of Denial, Suspension or
Revocation
5.04,115
Penalties
5.04.116
Effect of Denial or Revocation
5.04.120
Regulation Adoption and Publication — Failure to
Comply
5.04.130
Disclaimer of City Liability
5.04.010 Definitions
For the purpose of this chapter, the following definitions
shall apply:
1. 'Business," means and includes all activities,
occupations, trades, pursuits, or professions located or engaged
within the City that involves the manufacturing or processing of
materials of any type; the sale of goods, wares or merchandise;
the rendition of services or the repair of goods, wares or
merchandise for any consideration to the person engaging in the
same or to any other person or class, directly or indirectly,
whether or not an office or physical location for the business lies
within the City limits.
2. "Department," means Finance Department.
3. "Director," means the Finance Director or his or
her designee.
4. "Engaging in business" means commencing,
conducting, or continuing in business, and also the exercise of
corporate or franchise powers, as well as liquidating a business
when the liquidators thereof hold themselves out to the public
as conducting such business.
a. This section sets forth examples of activities
that constitute engaging in business in the City, and establishes
safe harbors for certain of those activities so that a person who
meets the criteria may engage in de minimus business activities
in the City without having to pay a business license fee. The
Page 5-2
activities listed in this section are illustrative only and are not
intended to narrow the definition of "engaging in business" as
defined above. If an activity is not listed, whether it constitutes
engaging in business in the City shall be determined by
considering all the facts and circumstances and applicable law.
b. Without being all inclusive, any one of the
following activities conducted within the City by a person, or its
employee, agent, representative, independent contractor,
broker or another acting on its behalf constitutes engaging in
business and requires a person to register and obtain a
business license:
(1) Owning, renting, leasing, maintaining,
or having the right to use, or using, tangible personal property,
intangible personal property, or real property permanently or
temporarily located in the City.
(2) Owning, renting, leasing, using, or
maintaining, an office, place of business, or other establishment
in the City.
(3) Soliciting sales.
(4) Making repairs or providing
maintenance or service to real or tangible personal property,
including warranty work and property maintenance.
(5) Providing technical assistance or
service, including quality control, product inspections, warranty
work, or similar services on or in connection with tangible
personal property sold by the person or on its behalf.
(6) Installing, constructing, or supervising
installation or construction of, real or tangible personal property.
(7) Soliciting, negotiating, or approving
franchise, license, or other similar agreements.
(8) Collecting current or delinquent
accounts.
(9) Picking up and transporting tangible
personal property, solid waste, construction debris, or
excavated materials.
(10) Providing disinfecting and pest control
services, employment and labor pool services, home nursing
care, janitorial services, appraising, landscape architectural
services, security system services, surveying, and real estate
services including the listing of homes and managing real
property.
(11) Rendering professional services such
as those provided by accountants, architects, attorneys,
auctioneers, consultants, engineers, professional athletes,
barbers, baseball clubs and other sports organizations,
chemists, consultants, psychologists, court reporters, dentists,
doctors, detectives, laboratory operators, teachers,
veterinarians.
(12) Meeting with customers or potential
customers, even when no sales or orders are solicited at the
meetings.
(13) Training or recruiting agents,
representatives, independent contractors, brokers or others,
Produced by the City of Tukwila, City Clerk's Office
118
TITLE 5 — BUSINESS LICENSES AND REGULATIONS
domiciled or operating on a job in the City, acting on its behalf,
or for customers or potential customers.
(14) Investigating, resolving, or otherwise
assisting in resolving customer complaints.
(15) In-store stocking or manipulating
products or goods, sold to and owned by a customer, regardless
of where sale and delivery of the goods took place.
(16) Delivering goods in vehicles owned,
rented, leased, used, or maintained by the person or another
acting on its behalf.
c. If a person, or its employee, agent,
representative, independent contractor, broker or another acting
on the person(s behalf, engages in no other activities in or with
the City but the following, it need not register and obtain a
business license.
(1) Meeting with suppliers of goods and
services as a customer.
(2) Meeting with government
representatives in their official capacity, other than those
performing contracting or purchasing functions.
(3) Attending meetings, such as board
meetings, retreats, seminars, and conferences, or other
meetings wherein the person does not provide training in
connection with tangible personal property sold by the person or
on its behalf. This provision does not apply to any board of
director member or attendee engaging in business such as a
member of a board of directors who attends a board meeting.
(4) Renting tangible or intangible property
as a customer when the property is not used in the City.
(5) Attending, but not participating in a
"trade show" or "multiple vendor events". Persons participating
at a trade show shall review the City's trade show or multiple
vendor event ordinances.
(6) Conducting advertising through the
mail.
(7) Soliciting sales by phone from a location
outside the City,
d. A seller located outside the City merely
delivering goods into the City by means of common carrier is not
required to register and obtain a business license, provided that
it engages in no other business activities in the City. Such
activities do not include those in subsection 5,04.010(4)(c).
e. The City expressly intends that engaging in
business include any activity sufficient to establish nexus for
purposes of applying the license fee under the law and the
constitutions of the United States and the State of Washington.
Nexus is presumed to continue as long as the taxpayer benefits
from the activity that constituted the original nexus generating
contact or subsequent contacts.
5. "License or licensee," as used generally in this
chapter, means and includes respectively the words "permit" or
"permiftee" or the holder for any use or period of time of any
similar privilege, wherever relevant to any provision of this
chapter or other law or ordinance.
Produced by the City of Tukwila, City Clerk's Office
6. "Nonprofit organization" includes individual
person(s), partnerships, joint ventures, societies, associations,
churches, clubs, trustees, trusts or corporations; or any officers,
agents, employees, factors or any kind of personal
representatives of any thereof, in any capacity, acting either for
himself or any other person under either personal appointment
or pursuant to law who qualifies under definition of and
certification by the Internal Revenue Service as nonprofit.
7. 'Person," means any individual, receiver, agent,
trustee in bankruptcy, trust, estate, firm, co -partnership, joint
venture, company, joint stock company, business trust,
corporation, society, or group of individuals acting as a unit,
whether mutual, cooperative, fraternal, nonprofit or otherwise.
8. "Person engaged in business" means the owner
or one primarily beneficially interested in lawful business for
profit and not employees.
9. "Home occupation" means any business
conducted in a residence within the corporate city limits of
Tukwila, such business being subject to the requirements set
forth in TMC Chapter 18.06, "Definitions," in the section entitled
"Home Occupation."
10. "Employee" means and includes each of the
following persons who are not required by the City to have
his/her/its own separate City of Tukwila business license:
a. Any person employed at any business who
performs any part of their duties within the City of Tukwila or
reports from a location within the City's corporate limits; and
b. Any person who is on the business's payroll,
and includes all full-time, part-time, and temporary employees
or workers; and
c. Owners, officers, managers, and partners; and
d. Any other person who performs work, services
or labor at the business including, but not limited to, family
members, regardless of whether they receive a wage from the
business.
e. Self-employed persons, sole proprietors,
owners, officers, managers, and partners; and
f. Any other person who performs work, services
or labor at the business, including an independent contractor
who may be exempt from requirements to have a separate City
of Tukwila business license.
Employee is a unit of measure used to determine the
Business License fee,
(Ord. 2588 §2, 2018; Ord. 2544, §2, 2017, Ord. 2496 §1, 2016;
Ord. 2381 §1, 2012; Ord, 2356 §1, 2011;
Ord. 2333§1, 2011; Ord. 2315§1 (part), 2010)
Page 5-3
119
TUKWILA MUNICIPAL CODE
5.04.012 Purpose
The purpose of this chapter is to regulate and insure the
legal conduct of businesses, assist in the effective
administration of health, fire, building, zoning and other codes
of the City, to impose fees for revenue purposes, and to provide
a means for obtaining public information and compiling
statistical information on existing and new businesses in the
City.
(Ord. 2315 §1(part), 2010)
5.04.015 Business License Required
A. No person or persons shall conduct, maintain, operate,
or engage in any business within the City without first applying
for and obtaining a business license, or renewing an existing
license, and paying the fee(s) as prescribed herein, unless
exempted in this chapter. All businesses operating or engaging
in business within the City are required to submit a business
license application or renewal, as appropriate, unless exempted
in this chapter.
B. This license shall be in addition to any other licenses
or permits required by any other section of this code or by State
or Federal laws.
C. Business licenses are nontransferable and a separate
business license shall be obtained for each location at which a
business operates. Licenses shall be displayed at each
business location so as to be viewable by the public.
(Ord. 2588 §3, 2018; Ord. 2381 §2, 2012;
Ord. 2333 §2, 2011; Ord. 2315 §1 (part), 2010)
5.04.020 Applications and fees required
A. Application Required. Any person desiring to
establish or conduct any business enterprise or undertaking
within the corporate limits of the City shall first file a master
application through the Washington State Department of
Licensing Master License Service in coordination with the City
of Tukwila Finance Department for a license to conduct such
business. The application shall be upon a form furnished by the
Washington State Department of Licensing Master License
Service on which the applicant shall state the company name
and address; the nature of the business activity or activities in
which he/she desires to engage; the place where the business
will be conducted; the number of employees, whether full or
part-time, on the payroll as of January 1, or, if a new business,
the number to be employed on the opening date; the
Washington State Unified Business Identifier (UBI) number; and
other information pertaining to the business as required by the
City. The applicant shall be required to provide all information
requested on said form and failure to do so shall be grounds for
refusing to issue the business license. Owners of residential
rental property are not subject to the application requirements in
this chapter but shall adhere to the application requirements in
TMC Chapter 5.06.
Page 5-4
B. Fee — General.
1. The application must be accompanied by the
appropriate application fee in accordance with the fee schedule
adopted by resolution of the City Council, as well as the Master
License Service handling fee. The license fee for the annual
license (Business License fee) issued under this chapter shall
be determined based on the total number of employees. The
business license fee shall be determined by multiplying the
appropriate Business License fee by the number of employees
working at or reporting from a location within the City's corporate
limits, in accordance with the fee schedule adopted by
resolution of the City Council. In no event shall the Business
License fee be less than the minimum fee set forth in this
chapter. If the number of employees is not known at the time of
application or renewal of the license, the business shall estimate
the maximum number of employees they anticipate working any
time during the 12-month period subject to licensure.
2. It will be the responsibility of the business to
determine the total number of employees and, if required,
demonstrate to the satisfaction of the Finance Director that the
information pertaining to the Business License fee is accurate.
Businesses without a full year of operating history shall estimate
the number of employees that will be employed in a 12-month
period.
C. Minimum Fee. There shall be an annual minimum fee
for a Business License in accordance with the fee schedule
adopted by resolution of the City Council.
1. For purposes of the license by this chapter, any
person or business whose annual value of products, gross
proceeds of sales, or gross income of the business in the City is
equal to or less than $2,000 and who does not maintain a place
of business within the City, shall submit a business license
registration to the Finance Director or designee. The threshold
does not apply to regulatory license requirements or activities
that require a specialized permit.
2. Businesses doing business in the City that have
no employees physically working within the City's corporate
limits shall pay the minimum fee required under this chapter.
3. An entity subject to exemption pursuant to TMC
Section 5.04.090 need not pay a Business License fee. An
entity engaging in some activities or functions that are exempt
from the Business License fee and some that are not exempt
shall pay a Business License fee based on the number of
employees involved in the functions or activities that are not
exempt.
D. New Businesses. The Business License fee fora new
business shall be based on the estimated number of employees
that will work in Tukwila for a 12-month period. If, during the first
license year for a new business, the City determines the actual
number of employees is significantly different than the estimated
number identified by the business owner, the amount of the
Business License fee will be recalculated for the new business.
Produced by the City of Tukwila, City Clerk's Office
120
TITLE 5 — BUSINESS LICENSES AND REGULATIONS
If the revised Business License fee is higher than the original
Business License fee paid by the business owner for the first
license year, the business owner must pay the difference to the
City within 30 days after written notice of the amount owed is
sent to the business owner by the City.
E. Over -reporting of Employees. In the event the
business owner miscounted the number of employees by an
error factor of more than 15% and paid an excess Business
License fee as a result, a business may request that the City
refund the overpayment. The request must be made in writing
to the Finance Department, and the City must receive the
request and all supporting documentation no later than 60 days
after the end of the calendar year in which the error was made.
If the City is satisfied the business owner paid an excess
Business License fee, the City will refund the excess amount
paid to the business owner,
F. Under -reporting of Employees. If, at the time of
license renewal, the City determines the business owner under-
reported the number of employees for the preceding year by an
error factor of more than 15%, the business shall pay the
balance of the corrected Business License fee (calculated as
the difference between the paid Business License fee and the
corrected Business License fee). The Finance Director shall
mail written notice of the balance due to the business owner,
and the business shall pay the balance due to the City within 30
days of the date the written notice is mailed by the City. A
penalty of 20% of the balance due will be applied if payment is
not received within 30 days.
G. Payment by Draft or Check. Payment made by draft
or check shall not be deemed a payment of the Business
License fee unless and until the same has been honored in the
usual course of business, nor shall acceptance of any such
check or draft operate as a quittance or discharge of the
Business License fee unless and until the check or draft is
honored. Any person who submits a Business License fee
payment by check to the Washington State Department of
Licensing Master License Service or City, pursuant to the
provisions of this chapter, shall be assessed an NSF fee set by
the Finance Director if the check is returned unpaid by a bank
or other financial institution for insufficient funds in the account
or for any other reason.
(Ord. 2588 §4, 2018; Ord. 2544 §3, 2017; Ord. 2496 §2, 2016;
Ord. 2391 §3, 2012; Ord. 2356 §2, 2011;
Ord. 2333 §3, 2011; Ord. 2315 §1 (part), 2010)
Produced by the City of Tukwila, City Clerk's Office
5.04.030 Issuance of a license and annual renewal
A. Upon review and approval of the application, the
Washington State Department of Licensing Master License
Service or the Finance Director or designee shall issue a license
to the applicant, The license shall grant to the applicant the
privilege to conduct such business at a designated location in
the City.
B. Persons continuing to engage in business within the
City shall renew their business license(s) each year.
Businesses must pay a renewal fee, as well as the Master
License Service handling fee. The annual business license
renewal fee shall be in accordance with the fee schedule
adopted by resolution of the City Council. The annual fee may
be prorated in order to conform the license expiration date with
the expiration date established by the Master License Service.
Persons not renewing their business license by the expiration
date may be subject to a late renewal penalty charged by the
Master License Service.
(Ord. 2588 §5, 2018; Ord. 2315 §1(part), 2010)
5.04.040 Prorating fee
The license fee set forth in this chapter shall be for the
calendar year, and each person engaged in business must pay
the full license fee for the current year. License fees are non-
refundable, regardless of whether the business operates for the
entire calendar year, or whether the business license is denied,
revoked, withdrawn or suspended with cause.
(Ord. 2356 §3, 2011; Ord. 2333 §4, 2011;
Ord. 2315 §1(part), 2010)
5.04.050 Late acquisition or renewal
A. Penalty. For new businesses, failure to pay the
Business License fee by the first day of commencing business
operations pursuant to TMC Section 5.04.020 will result in a late
acquisition penalty in accordance with the fee schedule adopted
by resolution of the City Council. For renewing businesses,
failure to pay the Business License renewal fee by January 31 st
shall constitute delinquency and shall result in a penalty in
accordance with the fee schedule adopted by resolution of the
City Council. No business license and/or renewal for the current
period shall be granted until all delinquent fees, together with
penalties, have been paid in full. The Finance Director or his/her
designee is authorized, but not obligated, to waive all or any
portion of the penalties and interest provided herein in the event
the Finance Director determines that the late payment was the
result of excusable neglect or extreme hardship.
B. Collection of Fees and Penalties. Any license fee
due and unpaid under this chapter, and all penalties thereon,
shall constitute a debt to the City and may be collected in court
proceedings in the same manner as any other debt in like
amount, which remedy shall be in addition to any and all other
existing remedies.
C. Revocation of License. The Finance Director may
revoke any business license issued pursuant to this chapter to
any business or other person who is in default in payment of any
Page 5-5
121
TUKWILA MUNICIPAL CODE
license fee hereunder, or who shall otherwise fail to comply with
any of the provisions of this chapter, Notice of such revocation
shall be issued pursuant to TMC Section 5.04.110.D. On and
after the date of the notice of revocation, any business subject
thereto that continues to engage in business shall be deemed
to be operating without a license, and shall be subject to any
and all penalties herein provided.
D. There shall be a penalty to reinstate any business
license revoked through nonpayment of the Business License
fee. The penalty shall be identified in the fee schedule adopted
by resolution of the City Council.
(Ord. 2544 §4, 2017; Ord. 2496 §3, 2016; Ord. 2381 §4, 2012;
Ord. 2356 §4, 2011; Ord. 2333 §5, 2011;
Ord. 2315 §1(part), 2010)
5.04.060 Transferability
The license granted in pursuance hereof shall be personal
to the licensee and it shall not be assignable or transferable to
any other person.
(Ord. 2315 §1 (part), 2010)
5.04.070 Change in UBI #, ownership, physical
location or nature of business
The license granted pursuant hereto shall be used to
conduct the particular business or type of business at the
designated address for which such license is issued. Any
license holder with a change in the nature of the business, a
change in the Unified Business Identifier (UBI) issued by the
Washington State Department of Licensing, a change in the
physical location of the business, and/or a change in ownership
of the business shall immediately submit a new application for
licensure to the Finance Department documenting the relevant
change(s). A change in the UBI or a change in ownership for
the business will require payment of the applicable license fee
set forth in the fee schedule adopted by resolution of the City
Council, in addition to the submission of a new application.
(Ord. 2496 §4, 2016; Ord. 2381 §5, 2012; Ord. 2356 §5, 2011;
Ord. 2333 §6, 2011; Ord. 2315 §1 (part), 2010)
5.04.080 Required — Display
It is unlawful for any person to engage in or carry on any
business activity in the City without first procuring a license as
provided in this chapter. The license shall thereafter be
prominently displayed in the place of business of the applicant.
(Ord. 2315 §1 (part), 2010)
Page 5-6
5.04.090 Exemption
A. Exemptions. The following entities may claim an
exemption from the Business License fee, but if exempt under
this subsection such entities shall still register under this
chapter:
1. Certain Organizations Exempt from Federal
Income Tax. An organization that files with the City a copy of
its current IRS 501(c)(3) exemption determination letter issued
by the Internal Revenue Service.
2. A governmental entity that engages solely in the
exercise of governmental functions. Activities that are not
exclusively governmental, such as some of the activities of a
hospital or medical clinic, are not exempt under this chapter.
3. A nonprofit business operated exclusively for a
religious purpose, upon furnishing proof to the Finance Director
of its nonprofit status. For the purposes of this chapter, the
activities that are not part of the core religious functions are not
exempt.
4. A civic group, service club, or social organization
that is not engaged in any profession, trade, or occupation, but
is organized to provide civic, service, or social activities in the
City.
a. Examples of such organizations include but
are not limited to: Soroptomists, Kiwanis, Lions' Rotary,
American Legion, children's and adults' athletic leagues and
similar types of groups, clubs or organizations.
5. A court interpreter who provides an oral translation
between speakers who speak different languages, and who is
either a certified interpreter, qualified interpreter, or registered
interpreter, and who makes less than $12,000 in gross annual
revenue in Tukwila, Washington. Certified, qualified and
registered interpreters are defined as follows:
a. "Certified interpreter" means an interpreter
who is certified by the administrative office of the courts.
b. "Qualified interpreter" means a person who is
readily able to interpret or translate spoken and written English
for non -English-speaking persons and to interpret or translate
oral or written statements of non -English-speaking persons into
spoken English.
c. "Registered interpreter" means an interpreter
who is registered by the administrative office of the courts.
6. A public card room (also known as a social card
room) with a house -banked license.
B. Nothing in this chapter shall be construed to require a
license for any farmer, gardener, or other person to sell, deliver
or peddle any fruits, vegetables, berries, butter, eggs, fish, milk,
poultry, meats or any farm produce or edibles raised, caught,
produced or manufactured by such person in any place within
the State.
(Ord. 2593 §2, 2018; Ord. 2588 §6, 2018;
Ord. 2544 §5, 2017; Ord. 2356 §6, 2011;
Ord. 2333 §7, 2011; Ord. 2315 §1 (part), 2010)
Produced by the City of Tukwila, City Clerk's Office
122
TITLE 6 — BUSINESS LICENSES AND REGULATIONS
5.04.100 Failure to Pay Fee
If any person engaged in business fails or refuses to pay
the license fee for any year as herein provided, they shall not be
granted a license for the current year until such delinquent
license fees in accordance with the fee schedule adopted by
resolution of the City Council have been paid, in addition to the
current years' required fee(s). Such fees may be collected by
the City by proper legal action brought for that purpose if any
person engaged in business fails or refuses to pay the license
fee. This remedy is cumulative and not exclusive.
(Ord. 2588 §7, 2018; Ord. 2315 §1(part), 2010)
5.04.105 Additional Requirements for Issuance of
Business License
A. A business license will only be issued provided the
building, structure, operation or location of the business for
which the license is sought complies with the requirements or
standards of the Tukwila Municipal Code.
B. In any case where an applicant seeks a business
license for a business to be located in a building or structure for
which a building or land use permit is required to operate the
business as proposed, whether as a newly constructed building
or structure or a remodeled building or structure, the permit
process, including final inspections/issuance of occupancy
permits, shall be completed prior to issuance of a business
license.
C. In any case where an applicant seeks a business
license for a business to be located in a building or structure for
which no building or land use permit is required to operate the
business as proposed, the building department may require the
business premises to be inspected for compliance with life and
safety codes. If the inspection reveals outstanding code
violations, the business license will not be issued until all life and
safety code violations are resolved.
(Ord. 2588 §8, 2018; Ord. 2315 §1 (part), 2010)
5.04.110 Denial, Suspension, Revocation
A. The Finance Director may deny any business license
application pursuant to TMC Section 5.04.105.
B. The Finance Director may deny, suspend or revoke
any license under this chapter where one or more of the
following conditions exist:
1. The licensee is in default of any fee, charges or
amounts due and payable to the City of Tukwila, as outlined in
the Tukwila Municipal Code or City policy.
2. The license was procured by fraud or by a false or
misleading representation of fact in the application, or in any
report or record required to be filed with the Finance
Department.
Produced by the City of Tukwila, City Clerk's Office
3. The building, structure, equipment, operation or
location of the business for which the license was issued does
not comply with the requirements or standards of the Tukwila
Municipal Code.
4. The license holder, his or her employee, agent,
partner, director, officer or manager has knowingly violated any
provisions of any chapter of the Tukwila Municipal Code, or has
knowingly permitted, failed to prevent, or has otherwise allowed
a violation of any of the provisions of any chapter of the Tukwila
Municipal Code to occur on his or her business premises.
5. The license holder, his or her employee, agent,
partner, director, officer or manager has repeatedly violated any
provision of City policies or the Tukwila Municipal Code after
having received notice of such violation.
6. Conduct of the business would be in violation of
any local, state or federal law, rule or regulation prohibiting the
conduct of that type of business.
7. The property at which the business is located has
been determined by a court to be a chronic nuisance property,
a Violation Notice and Orderfor a chronic nuisance property has
been issued and not timely remedied or appealed, or the
Hearing Examiner has determined the property to be a chronic
nuisance property, as provided in TMC Chapter 8.27.
C. Upon determination that grounds for denial,
suspension or revocation of a license exist, the Finance Director
shall send the applicant or license holder a Notice of Denial,
Suspension or Revocation. The Notice of Denial, Suspension
or Revocation shall set forth the grounds for and terms of the
denial, suspension or revocation, and a statement advising the
applicant or license holder that he/she may appeal the Notice of
Denial, Suspension or Revocation in accordance with the
provisions of TMC Section 5.04,112. The filing of such appeal
shall stay the action of the Finance Director pending decision on
the appeal by the City Hearing Examiner or other hearing body
pursuant to TMC Section 5.04.112.
D. Receipt of the Notice of Denial, Suspension or
Revocation. The Notice of Denial, Suspension or Revocation
shall be: (1) sent to the applicant or license holder by registered
mail at the address provided on the license application; (2) hand
delivered to the address provided on the license application; or
(3) posted upon the premises where such applicant or license
holder conducts the business that is the subject of the denied,
suspended or revoked license. Notice shall be deemed
received by the applicant or license holder upon posting, hand
delivery, or 3 business days after mailing, whichever occurs first,
(Ord. 2588 §9, 2018; Ord. 2496 §5, 2016; Ord. 2352 §2, 2011;
Ord. 2333 §8, 2011; Ord. 2315 §1(part), 2010)
Page 5-7
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TUKWILA MUNICIPAL CODE
5.04.112 Appeal of Notice of Denial, Suspension or
Revocation
A. The applicant or license holder may appeal the
decision of the Finance Director to suspend, deny or revoke a
business license by filing a written notice of appeal to the City
Clerk within 10 calendar days following receipt of the Notice of
Denial, Suspension or Revocation. The notice of appeal must
state the grounds for appeal, including a detailed explanation of
why the decision to suspend, deny or revoke was incorrect. The
notice of appeal must be accompanied by an Appeal Fee in
accordance with the fee schedule adopted by resolution of the
City Council. A timely notice of appeal shall stay the effect of the
notice of non -issuance until the City's Hearing Examiner or other
hearing body issues a written decision on the appeal.
B. Upon timely filing of a notice of appeal, the Finance
Director shall schedule a hearing on the appeal before the City's
Hearing Examiner. The hearing shall be conducted no later than
30 days from the date of the notice of appeal, unless an
extension is agreed to by the appellant or otherwise ordered by
the Hearing Examiner for good cause shown. Notice of the
hearing will be mailed to the applicant or licensee.
C. The hearing shall be de novo. The decision of the City's
Hearing Examiner or other hearing body shall be based upon a
preponderance of the evidence. The burden of proof shall be on
the appellant. The Hearing Examiner or other hearing body may
affirm, reverse or modify the Finance Director's decision.
D. Within 20 business days, excluding holidays
recognized by the City of Tukwila, from the date of the hearing
on an appeal under this section, the Hearing Examiner shall
issue a written decision which shall set forth the reasons
therefor.
(Ord. 2496 §6, 2016; Ord. 2381 §6, 2012; Ord. 2333 §9, 2011;
Ord. 2315 §1 (part), 2010)
5.04.115 Penalties
Any violation of this chapter, or failure to comply with any of
the requirements of this chapter, shall be subject to enforcement
and penalties as prescribed in TMC Chapter 8.45 and the
issuance of a Notice of Violation in accordance with TMC
Section 8.45.070.
Page 51-8
(Ord. 2549 §2, 2017, Ord. 2315 §1(part), 2010)
5.04.116 Effect of Denial or Revocation
No person or business may reapply for a business license
merely by renaming the business. The denial or revocation of a
license applies to any business entity, regardless of its name,
that is operating under the same ownership and/or management
and engages in substantially the same type of business
enterprise as that of a business that has been previously denied
a license or has had its license revoked under this chapter within
a year of such application for a license.
(Ord. 2315 §1(part), 2010)
5.04.120 Regulation adoption and publication —
Failure to comply
The Finance Director shall have the power and it shall be
their duty from time to time to adopt, publish and enforce rules
and regulations not inconsistent with this chapter or with the law,
for the purpose of carrying out the provisions hereof, and it is
unlawful for any person to violate or fail to comply with any such
rule or regulation.
(Ord. 2315 §1 (part), 2010)
5.04.130 Disclaimer of City Liability
The City of Tukwila expressly finds and requires that
responsibility for compliance with the provisions of this chapter
rests with license applicants and their agents and that no action,
inaction, or omission of the City or any of its agents or
employees shall serve to assume or shift responsibility for
compliance with the provisions of this chapter to any other party,
including the City. Furthermore, issuance of a license pursuant
to this chapter does not constitute the creation of a duty by the
City to indemnify the licensee for any wrongful acts against the
public, or to guarantee the quality of goods, services or expertise
of a licensee. The issuance of a license does not shift
responsibility from the licensee to the City for proper training,
conductor equipment of the licensee or their agents, employees
or representatives, even if specific regulations require standards
of training, conduct or inspection.
(Ord. 2588 § 10, 2018)
Produced by the City of Tukwila, City Clerk's Office
124
EXHIBIT C
INSURANCE REQUIREMENT
Indemnification/ Hold Harmless
The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and
volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney
fees, arising out of or resulting from the acts, errors or omissions of the Contractor in performance
of this Agreement, except for injuries and damages caused by the sole negligence of the City.
Insurance
The Contractor shall procure and maintain for the duration of the Agreement, insurance against
claims for injuries to persons or damage to property that may arise from or in connection with the
performance of the work hereunder by the Contractor, its agents, representatives, or employees.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
Automobile Liability insurance covering all owned, non -owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA
00 01 or a substitute form providing equivalent liability coverage. If necessary, the
policy shall be endorsed to provide contractual liability cove rage.
2. Commercial General Liability insurance shall be written on ISO occurrence form
CG 00 01 and shall cover liability arising from premises, operations, independent
contractors and personal injury and advertising injury. The City shall be named as
an additional insured under the Contractor's Commercial General Liability
insurance policy with respect to the work performed for the City.
3. Excess Liability insurance covering both the Commercial General Liability and
Automobile (Emergency and Basic Life Support Ambulance Services Agreement)
policies. With limits not less than $4,000,000 in excess of the limits cited above.
4. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
Professional liability insurance appropriate to the Contractor's profession.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
EXHIBIT C-1
125
1,000,000 each occurrence, $2,000,000 general aggregate.
Excess Liability insurance shall be written with limits no less than $4,000,000 per
occurrence in excess of both the CGL and Auto Liability policies cited above.
4. Professional Liability insurance shall be written with limits no less than $1,000,000
per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions
for Automobile Liability, Professional Liability and Commercial General Liability
insurance:
The Contractor's insurance coverage shall be primary insurance with respect to the
City. Any insurance, self-insurance, or insurance pool coverage maintained by the
City shall be in excess of the Contractor's insurance and shall not contribute with
it.
The Contractor's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by
certified mail, return receipt requested, has been given to the City.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
A:VII.
E. Verification of Coverage
The Contractor shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Contractor before commencement of the
work.
Evidence of Insurance - The following documents must be provided as evidence of
insurance coverage:
A copy of the policy's declarations pages, showing the Insuring Company, policy
effective dates, limits of liability and the Schedule of Forms and Endorsements.
The City reserves the right to require a copy or certified copy of said policy or
policies including all forms and endorsements attached.
A copy of the endorsement naming the City as an Additional Insured (excluding
Professional Liability Insurance), showing the policy number, and signed by an
authorized representative of the insurance company on Form CG2026 (ISO) or
equivalent.
EXHIBIT C-2
126
3. A copy of the "Endorsements Form List" to the policy or policies showing
endorsements issued on the policy, and including any company -specific or
manuscript endorsements.
4. A copy of an endorsement stating that the coverages provided by this policy to the
City or any other named insured shall not be terminated, reduced or otherwise
materially changed without providing at Ieast forty-five (45) days prior written
notice to the City.
A copy of a "Separation of Insureds" or "Severability of Interests" clause,
indicating essentially that, except with respect to the limits of insurance, and any
rights or duties specifically assigned to the first named insured, this insurance
applies as if each named insured were the only named insured, and separately to
each insured against whom a claim is made or a suit is brought (Commercial
General Liability & Business Automobile Liability Insurance).
EXHIBIT C-3
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EXHIBIT D
FDCARES EXECUTIVE SUMMARY
Over the last 30 years, the fire service in the U.S. has expanded the number of stations and
personnel in order to meet a 400 percent increase in the number of requests for Emergency Medical
Services (EMS). The expansion of fire -based emergency medical response has inextricably linked
the fire service and the U.S. healthcare system.
The U.S. healthcare system is currently under enormous public and congressional pressure to
reform due to the lack of access to services, the poor quality of care, and the high costs of care.
Critics of the U.S. healthcare system cite fire -based EMS as an example of a public service that
contributes to America's over -utilization of EMS and increasing national healthcare expenditures
amounting to 18 percent of the Gross Domestic Product (GDP). Is this criticism of fire -based EMS
valid?
Fire departments respond to a wide array of requests for medical service. The fire service is well
recognized for their capacity to respond rapidly to emergencies with quality care as demonstrated
by recent increases in cardiac arrest survival rates nationwide. However, a large proportion
(estimated up to 40%) of medical service requests are for non -emergent medical problems and a
majority of these requests are attributed to a subset of frequent users of EMS. Despite these facts,
fire -based EMS personnel, response times, and medical interventions are standardized for medical
emergencies. Consequently, 911 callers with non -emergent issues typically receive emergency -
oriented care, which often results in the unnecessary transport of patients to an Emergency
Department (ED) for more definitive care. The National Quality Forum (NQF) estimates that this
response model contributes to an estimated $38 billion in wasted healthcare expenditures each
year. Moreover, because fire -based EMS and EDs are designed for the episodic treatment of
emergent medical problems, clients with non -emergent medical problems, who often have multiple
chronic diseases and psychosocial issues, experience poor quality outcomes, poor follow-up care,
and poor continuity of care. The result is subsequent and repeated use of the EMS system. Why
now should the fire service change their medical response model?
The Patient Protection and Affordable Care Act (PPACA) is changing the landscape of the U.S.
healthcare system. Provisions in the PPACA are making insurance payers and hospitals
accountable for the quality and costs of EMS care, driving the adoption of healthcare delivery
organizations and innovative solutions that improve the value of EMS. The PPACA directly
challenges the inefficiencies of the fire service's "one- size -fits -all" response model. How can fire
departments improve the value of fire -based EMS?
Fire departments should adopt a new tier within their current response model that responds directly
to non -emergent medical and psychosocial problems and proactively contacts frequent callers of
911, frequent users of the ED, and patients at high -risk of hospital readmission. This Non -
Emergency Medical Service (HEMS) division should be fully integrated into the operations of fire
departments.
The City of Tukwila in Washington State may develop a NEMS division, called Fire Department
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Community Assistance, Referral, and Education Services (FDCARES). FDCARES may be staffed
up to 12 or 24 hours per day, 365 days per year. FCDARES may be staffed with an Emergency
Medical Technician (EMT), Social Worker, Mental Health professional or a Registered Nurse
(RN), or combination of the above, who are available to respond directly to 911 callers with non -
emergent medical and psychosocial requests for service. Using a non -emergency response vehicle,
FDCARES staff could respond to non -emergent callers within 20 minutes. FDCARES staff may
deliver a wide range of services aimed at addressing clients' immediate and long-term medical and
psychosocial needs. These services include medical stabilization, care navigation and
coordination, transport to alternative care settings (e.g., urgent care, primary care, etc.), medication
reconciliation, patient education, referrals to social services, and injury and illness prevention.
When not responding to non -emergent 911 callers, FDCARES staff may proactively contact and
deliver services to frequent 911 callers, frequent users of the ED, and individuals at high risk of
hospital readmission.
Adopting and integrating FDCARES into a fire department's existing response model improves
emergency unit reliability and response times, reduces over -utilization of EMS and the associated
costs, increases access to quality care, and improves outcomes for residents by ensuring they
receive the right service, at the right time, in the right place, and in the right way.
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