HomeMy WebLinkAbout2007.10.09 CC Agenda PacketAGENDA
City Council Committee Meetings
Council Chambers, Public Safety Complex
250 5th Avenue North, Edmonds
October 09, 2007
6:00 p.m.
The City Council Committee meetings are work sessions for the City Council and staff only. The meetings are open to the
public but are not public hearings. The Committees will meet in the following rooms:
Community/Development Services (Council Chambers), Finance (Jury Room), Public Safety (Police Training Room)
1.Community/Development Services Committee
A.AM-1193
(15 Min)
Discussion regarding expanding the membership of the Edmonds Historic Preservation Commission.
2.Finance Committee
A.AM-1192
(10 Min)
Proposed Resolution repealing Resolution No. 1051 and enacting new charges and fees for the photocopying
and transcription of public records.
B.AM-1190
(15 Min)
Frances Anderson Center Seismic Structural Retrofit Project.
3.Public Safety Committee
A.AM-1174
(10 Min)
Paramedic Training Affiliation Agreement.
B.AM-1195
(5 Min)
Edmonds Emergency Physicians Indemnification Agreement.
C.AM-1196
(5 Min)
Professional Services Agreement - Fire Department Medical Program Director.
4.Adjourn
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AM-1193 1.A.
Expanding Membership of the Edmonds Historic Preservation Commission
City Council Committee Meetings
Date:10/09/2007
Submitted By:Jana Spellman, City Council
Submitted For:Councilmember Michael Plunkett Time:15 Minutes
Department:City Council Type:Information
Committee:Community/Development Services
Information
Subject Title
Discussion regarding expanding the membership of the Edmonds Historic Preservation
Commission.
Recommendation from Mayor and Staff
N/A
Previous Council Action
N/A
Narrative
The Edmonds Historic Preservation Commission is a full, working Commission which means that
all members serve on sub-committees as well as being members of the Commission. These
sub-committees meet on a regular basis outside of the Commission meetings. The chairmanship of
this Commission is also rotated among the members. This makes for a strong, active, and informed
Commission. Being a member of this Commission is a huge commitment and entails a lot of work.
Because of the previously mentioned workload and in light of the fact that we usually have three or
four people applying for openings, the Commission would like the Council to consider expanding
our official membership. Per Edmonds City Code, Chapter 10.90.020 - Composition of the
Commission, there are now seven voting members of the Commission. Of those seven, four are
citizens-at-large. The Commission would like to expand the citizens-at-large membership from four
to six. This would increase the composition of the Commission from seven to nine.
Fiscal Impact
Attachments
No file(s) attached.
Form Routing/Status
Route Seq Inbox Approved By Date Status
1 City Clerk Sandy Chase 10/04/2007 09:01 AM APRV
2 Mayor Gary Haakenson 10/04/2007 09:11 AM APRV
3 Final Approval Sandy Chase 10/04/2007 09:12 AM APRV
Form Started By: Jana Started On: 10/02/2007 02:41
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Form Started By: Jana
Spellman
Started On: 10/02/2007 02:41
PM
Final Approval Date: 10/04/2007
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AM-1192 2.A.
Fees for the Photocopying and Transcription of Public Records
City Council Committee Meetings
Date:10/09/2007
Submitted By:Sandy Chase, City Clerk's Office Time:10 Minutes
Department:City Clerk's Office Type:Action
Committee:Finance
Information
Subject Title
Proposed Resolution repealing Resolution No. 1051 and enacting new charges and fees for the
photocopying and transcription of public records.
Recommendation from Mayor and Staff
It is recommended that the Finance Committee approve placing the resolution for adoption on the
next available City Council consent agenda.
Previous Council Action
On December 2, 2003 the City Council adopted Resolution No. 1051, repealing Resolution No.
851 and enacting new charges and fees for the photocopying and transcription of public records.
Narrative
Edmonds City Code Section 1.20.040(A) requires the City Clerk to set fees and charges for the
provision of photocopies and transcription of public records. The attached resolution updates the
previously adopted resolution which was approved December 2, 2003.
RCW 42.56.120 permits agencies such as cities to impose a reasonable charge for providing
photocopies of public records so long as the charge shall not exceed Fifteen Cents per page. If it is
determined that staff salaries, benefits, or overhead charges would cause the per copy charge to be
higher than Fifteen Cents per page, a statement detailing the actual cost will be prepared. The
statement will include the factors and manner used to determine the actual per page copying cost or
other allowable costs.
Each department has reviewed and recommended the charges and fees that are included in the
resolution. In addition, the City Attorney's Office has reviewed the charges and fees for
compliance with RCW requirements.
Fiscal Impact
Attachments
Link: Exhibit 1 - Resolution
Link: Exhibit 2 - Fee Schedule
Form Routing/Status
Route Seq Inbox Approved By Date Status
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1 City Clerk Sandy Chase 10/02/2007 09:58 AM APRV
2 Mayor Gary Haakenson 10/02/2007 04:04 PM APRV
3 Final Approval Sandy Chase 10/02/2007 04:23 PM APRV
Form Started By: Sandy
Chase
Started On: 10/02/2007 09:50
AM
Final Approval Date: 10/02/2007
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RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EDMONDS, WASHINGTON, REPEALING
RESOLUTION NO. 1051 AND ENACTING NEW
CHARGES AND FEES FOR THE PHOTOCOPYING
AND TRANSCRIPTION OF PUBLIC RECORDS
WHEREAS, the City of Edmonds has adopted an ordinance which
requires the City Clerk to set fees and charges for the provision of photocopies and
transcriptions of public records, and,
WHEREAS RCW 42.56.120 permits agencies such as cities to impose a
reasonable charge for providing photocopies of public records so long as the charge shall
not exceed Fifteen Cents ($0.15) per page, and,
WHEREAS, the City Clerk has prepared a schedule of fees that relates to
photocopying costs, reproduction costs, and transcription costs to the fees charged to the
public, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
Section 1. Resolution No. 1051 and the fee schedule adopted thereby, is
repealed and in its place enacted the schedule of fees set forth in Section 2.
Section 2. The “public records fee schedule,” attached as Exhibit A hereto
and incorporated herein by this reference as if fully set forth, is hereby adopted as the
official schedule of fees and charges for photocopying and transcription cost of public
records for the City of Edmonds.
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RESOLVED this ____ day of ____________, 2007.
APPROVED:
______________________________
MAYOR, GARY HAAKENSON
ATTEST/AUTHENTICATED:
___________________________
CITY CLERK, SANDRA S. CHASE
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
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DRAFT - 10/2/2007
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EXHIBIT “A”
CITY OF EDMONDS
PUBLIC RECORDS FEE SCHEDULE
Updates to this fee schedule will be made as new documents become available. Any
records not identified in this index will be charged on a cost basis.
Document Description
Department
Fee
Copies, standard or legal size All Departments 15¢ per page
(first 5 pages free)
Business License List City Clerk $5.00 per report
Certification Charge (Blanket) City Clerk $5.00/blanket
Certification Charge City Clerk $5.00 per page
Transcriptions City Clerk $25.00 minimum
per hour labor
Citizen/Immigration Letters Mayor No charge
Cemetery Deeds Parks & Recreation 1 free copy
Land Use Files
Land Use Files Relating to Subdivisions,
Conditional Use Permits, Variances, etc.
Planning Cost per copy
(See Note 2)
Code Books
Community Development Code Book Code Publishing Co. $80.00 plus tax
(includes shipping)
City Code Book Code Publishing Co. $80.00 plus tax
(includes shipping)
Updates for Code Books Code Publishing Co. 10¢ per page
(includes shipping)
Comprehensive Plans
City Comprehensive Plan Planning See Notes 1 and 2
Comprehensive Park, Recreation & Open
Space Plan
Parks & Recreation See Notes 1 and 2
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DRAFT - 10/2/2007
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Pine Ridge Park Master Plan Parks & Recreation See Notes 1 and 2
Bikeway/Walkway Plan Engineering See Notes 1 and 2
Water, Sewer, Stormwater or
Transportation Comprehensive Plan
Engineering See Notes 1 and 2
Stormwater Basin studies Engineering See Notes 1 and 2
Maps
Aerial Engineering $5.00 per sheet
Aerial Base Map Including Overlays Engineering $5.00 per sheet
Aerial, Reproducible (Mylar) Engineering $5.00 per sheet
Land Use Map Planning $5.00 per sheet
Miscellaneous Maps (includes plat maps,
as-built prints and quarter section maps)
Planning &
Engineering
$5.00 per sheet
Customized Electronic Maps Planning See Note 3
Reports, Misc.
Traffic collision reports or Investigation
reports
Police $3.00 per report up
to 10 pages.
15¢ for each
additional page.
Incident Reports Fire $10.00 per report
up to 10 pages.
15¢ for each
additional page.
Incident Photographs and CDs Fire Reimburse actual
cost
Photographs (4” x 6” Size) Police $1.00 per print
Photographs (Larger Size) Police Reimburse actual
cost
Fingerprint Cards Police $5.00 each
Budget & Financial Reports
Annual Budget Book Admin. Services $15.00
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DRAFT - 10/2/2007
-3-
Comprehensive Annual Financial Report Admin. Services $10.00
Audio/Video Recordings
Public Meeting Audio Tape Recordings City Clerk $10.00 for audio
duplication, per
hour minimum of
equipment use,
plus materials
Municipal Court Proceedings Audio Tape
Recordings
Municipal Court $10.00 for audio
duplication, per
hour minimum of
equipment use,
plus materials
City Council Meetings Video Tape
Recordings
Council Office $10.00 for video
duplication per
hour minimum of
equipment use,
plus materials
NOTES:
Note 1: Documents are available for review. Copies may be obtained at the per
page cost.
Note 2: If it is determined that staff salaries, benefits, or overhead charges would
cause the per copy charge to be higher than 15¢ per page, a statement
detailing the actual cost will be prepared. The statement will include the
factors and manner used to determine the actual per page copying cost
or other allowable costs (per RCW 42.56.120).
Note 3: The city may provide customized electronic maps in response to a
request and charge a fee for the customization.
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AM-1190 2.B.
Frances Anderson Center Seismic Structural Retrofit Project
City Council Committee Meetings
Date:10/09/2007
Submitted By:Kim Karas, Public Works
Submitted For:Noel Miller Time:15 Minutes
Department:Public Works Type:Action
Committee:Finance
Information
Subject Title
Frances Anderson Center Seismic Structural Retrofit Project.
Recommendation from Mayor and Staff
Appropriate an additional $917,500.00 from Fund 126-Parks Acquisition and forward to the full
City Council the recommendation to award a construction contract to Northwestern Construction of
WA, Inc. in the amount of $1,610,631.00 including Washington State sales tax.
Previous Council Action
On June 27, 2007 the City Council authorized staff to advertise for bids for this project. On August
7, 2007, the Council authorized staff to re-advertise for this project since there were no bids
received from the initial advertisement.
Narrative
Bids were opened on October 1, 2007 with one (1) contractor submitting a bid. The responsive
low bidder is Northwestern Construction of WA, Inc. with a bid of $1,610,631.00. The Engineer's
estimate, prepared in June 2007, was $1,599,799.00. In order to proceed with this project and
award a construction contract, the required funding for this project is calculated as follows:
EXPENDITURES
Preliminary Design $ 28,000.00
Engineering Drawings & Specifications $ 170,000.00
Construction Engineering & Monitoring $ 90,000.00
Materials Testing Services $ 40,000.00
Construction Contract $1,479,000.00
Sales Tax at 8.9 %$ 131,631.00
Construction Contingency at 10%$ 161,069.00
Total Project Costs $2,099,700.00
REVENUES
FEMA Mitigation Grant $ 782,190.00
Committed Bonding Proceeds $ 400,000.00
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Total Committed Revenues $1,182,190.00
The Remaining Expenditures to be funded
are:$ 917,510.00
The Council Committee members are aware of the significant escalation of the construction project
costs throughout the Puget Sound region since the request for federal grant funding was prepared
for this project in February 2005. At that time in order to provide a project cost estimate, average
historic cost data compiled by FEMA was used as a basis for this request since no site specific
seismic retrofit design work had been prepared for this City facility. Also, the FEMA Mitigation
grant program does not allow for the usual practice of adding contingencies for normal project cost
escalation. On the positive side, part of the project scope will require the replacement of most of
the flat roofs of the building complex. These roofs are in need of replacement within two to three
(2-3) years at an approximate cost of $350,000 and this is an additional cost that the City would
have to eventually have to budget for in 2009-2010.
In discussions with Dan Clements, Administrative Services Director, and Brian McIntosh, Parks
and Recreation Director, the most feasible way to finance the unfunded project costs of
$917,510.00 is to utilize additional revenues and/or ending cash balances from real estate excise
taxes (REET 1).
Collections through September total approximately $ 1.1 million and the current cash balance for
Fund 126 is approximately $1.3 million. If we estimate another $300,000 of REET 1 collections for
the remaining three months of the year, receipt of IAC grants in the amount of $600,000, and debt
service requirements of $566,000, Finance estimates that there will be a 2007 ending cash balance
in Fund 126 slightly in excess of $1.6 million.
Fiscal Impact
Attachments
Link: Bid Tabulation Sheet
Form Routing/Status
Route Seq Inbox Approved By Date Status
1 Parks and Recreation Brian McIntosh 10/04/2007 02:24 PM APRV
2 City Clerk Sandy Chase 10/04/2007 02:27 PM APRV
3 Mayor Gary Haakenson 10/04/2007 02:42 PM APRV
4 Final Approval Sandy Chase 10/04/2007 04:03 PM APRV
Form Started By: Kim Karas Started On: 10/01/2007 09:23
AM
Final Approval Date: 10/04/2007
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BID TABULATION SHEET
ABSTRACT OF QUOTES/BIDS AUTHORIZATION DATE: 8/7/2007 OPENING DATE: October 1, 2007 AWARD DATE:
Supplies or Services: NAME OF BIDDERS: Remarks
FRANCES ANDERSON CENTER 1234
SEISMIC STRUCTURAL RETROFI
Originating Office: Public Works Northwestern .
Department: Public Works Construction of WA, Inc
ITEM
1 Lump Sum Base Bid $1,479,000.00
2
3
Sales Tax Percentage Rate 8.9%
WA State Sales Tax $131,631.00
TOTAL $1,610,631.00
Bid Deposit 5%
Bid Signed Yes
Delivery N/A
Warranty 1 Year
Rec'd Addenda if Required Yes
Is this product a WA State Contract item? Yes NoD
Indicate vendors from above listing who have previously provided services or products to the City and indicate whether the results were satisfactory or unsatisfactory:
None
Recommended Awardee: Northwestern Construction of WA, Inc.
Low Bid That Is Unacceptable: N/A
**** I certify that all bids received in response to the invitation were opened, read, and recorded according to curent requirements.****
Agent for the City of Edmonds:
Note: Indicate N/A in each of the above categories that does not apply to the bid being presented.
L:\Productiondb\CCOUNCIL\0007_1190_Bid Tabulation Sheet.xls 1
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BID TABULATION SHEET
ABSTRACT OF QUOTES/BIDS AUTHORIZATION DATE: OPENING DATE: October 1, 2007 AWARD DATE:
Supplies or Services: NAME OF BIDDERS:
FRANCES ANDERSON CENTER 5678 Remarks
SEISMIC STRUCTURAL RETROFI
Originating Office: Public Works
Department: Public Works
ITEM
1 Lump Sum Base Bid
2
3.
Sales Tax Percentage Rate 8.9%
WA State Sales Tax
TOTAL
Bid Deposit
Bid Signed
Delivery
Warranty
Rec'd Addenda if Required
Is this product a WA State Contract item? Yes No
Indicate vendors from above listing who have previously provided services or products to the City and indicate whether the results were satisfactory or unsatisfactory:
Recommended Awardee:
Low Bid That Is Unacceptable:
**** I certify that all bids received in response to the invitation were opened, read, and recorded according to curent requirements.****
Agent for the City of Edmonds:
Note: Indicate N/A in each of the above categories that does not apply to the bid being presented.
L:\Productiondb\CCOUNCIL\0007_1190_Bid Tabulation Sheet.xls 2
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AM-1174 3.A.
Paramedic Training Affiliation Agreement
City Council Committee Meetings
Date:10/09/2007
Submitted By:Mark Correira, Fire Time:10 Minutes
Department:Fire Type:Action
Committee:Public Safety
Information
Subject Title
Paramedic Training Affiliation Agreement.
Recommendation from Mayor and Staff
The Edmonds Fire Department respectfully requests the Public Safety Committee approve the
agreement as written and send with a recommendation to approve to the October 16 Council
Consent Agenda requesting authorization for the Mayor to sign the agreement.
Previous Council Action
None
Narrative
BACKGROUND
Paramedic Training is an intensive education and training program that requires students to attend
not less than 1,200 hours of instruction in both the out-of-hospital and in-hospital setting. Students
are required to spend long hours in the classroom, emergency room, operating room, intensive care
unit, pediatric and obstetrics unit, and psychiatric unit. Time spent in these units is overseen by an
experienced medical professional guiding their education very similar to that of a resident
physician. After completeing the laborious training and education, the students take a final exam
proctored by the State of Washington and, if successful, are certified to operate as a paramedic
under a guiding physician. The final paramedic test is reported to be one of the most difficult
medical profession certifications to pass because of the programs depth and breadth of medical
knowledge requirement, and the limited time of education necessary to complete the program.
The Edmonds Fire Department currently sends it Firefighters to the University of Washington’s
Paramedic Training Program at Harborview Medical Center. In 2003, the Department trained its
first Firefighter and, to date, has trained a total of three members.
Training Class 34 begins October 3, 2007 and the Fire Department has two members slated to
attend.
AFFILIATION AGREEMENT
To attend paramedic training at Harborview, the Edmonds Fire Department is required to enter into
an affiliation agreement prepared by the State Attorney General’s Office with the University of
Washington/Harborview Medical Center. Before each year’s program begins, the University sends
out an updated version of the agreement requesting updated signatures. This agreement has been
signed in years past by the City Attorney and the Fire Chief with the most recent agreement being
Packet Page 15 of 35
signed on March 31, 2005.
This newly updated Affiliation Agreement has been vetted and approved as written by City
Attorney Scott Snyder.
Fiscal Impact
Attachments
Link: UW/HMC Affiliation Agreement
Form Routing/Status
Route Seq Inbox Approved By Date Status
1 City Clerk Sandy Chase 10/02/2007 09:09 AM APRV
2 Mayor Gary Haakenson 10/02/2007 04:04 PM APRV
3 Final Approval Sandy Chase 10/02/2007 04:23 PM APRV
Form Started By: Mark
Correira
Started On: 09/18/2007 04:56
PM
Final Approval Date: 10/02/2007
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AM-1195 3.B.
Edmonds Emergency Physicians Indemnification Agreement
City Council Committee Meetings
Date:10/09/2007
Submitted By:Mark Correira, Fire Time:5 Minutes
Department:Fire Type:Action
Committee:Public Safety
Information
Subject Title
Edmonds Emergency Physicians Indemnification Agreement.
Recommendation from Mayor and Staff
The Edmonds Fire Department respectfully requests the Public Safety Committee approve the
agreement as written and send with a recommendation to approve to the October 16 Council
Consent Agenda requesting authorization of the Mayor to sign the agreement.
Previous Council Action
None
Narrative
The Edmonds Fire Department has a Professional Services Agreement signed with a physician from
the Edmonds Emergency Physicians (EEP) at Stevens Hospital. A Physician from this group has
provided medical oversight of the Fire Department’s EMS program, and previously the Medic
Seven EMS Program.
Dr. James Mercer has provided EMS oversight for the past eight years and recently tendered his
resignation. This position, known as the Medical Program Director (MPD), will be filled with a
physician from the EEP group. The EEP Corporation feels that it encumbers liability associated
with the MPD duties. They have proposed the attached Indemnification agreement in an effort to
reduce such liability.
City Attorney Scott Snyder has reviewed the attached document and feels it meets the needs of
both the City and the EEP.
Fiscal Impact
Attachments
Link: EEP Indemnification Agreement
Form Routing/Status
Route Seq Inbox Approved By Date Status
1 City Clerk Sandy Chase 10/03/2007 04:51 PM APRV
2 Mayor Gary Haakenson 10/03/2007 06:07 PM APRV
3 Final Approval Sandy Chase 10/04/2007 08:29 AM APRV
Form Started By: Mark Started On: 10/03/2007 04:25
Packet Page 25 of 35
Form Started By: Mark
Correira
Started On: 10/03/2007 04:25
PM
Final Approval Date: 10/04/2007
Packet Page 26 of 35
INDEMNIFICATION AGREEMENT
1. Parties and Agreement. This Indemnification Agreement (“Agreement”) is entered into
between the City of ____________________ (the “City”) and Edmonds Emergency Physicians,
Inc. P.S. (“EEP”).
2. Background.
2.1. The City provides emergency medical services through its fire department and
various emergency medical technicians, paramedics, and other emergency responders employed
thereby (the “Personnel”).
2.2. To provide training, certification and related services to the Personnel in
connection with such emergency medical services, the City contracts with a licensed physician
who serves as the City’s Medical Program Director (“MPD”). The MPD’s duties may include
other activities, such as providing first aid and/or CPR training to other City employees and/or
members of the public.
2.3. The City has contracted with or desires to contract with a physician employed by
EEP (“Physician”) to serve as MPD.
2.4. Pursuant to an employment contract exclusivity provision, Physician may not
without EEP’s consent perform medical services except on behalf of EEP. EEP is willing to
consent to Physician serving as MPD for the City, provided the City: (a) acknowledges that when
performing MPD services for the City, Physician has no affiliation with EEP; and (b) agrees to
indemnify, hold harmless, and defend EEP in the event any claims are asserted against EEP in
connection with or arising out of MPD services provided by Physician for or on behalf of the
City.
3. No Affiliation. The City hereby acknowledges services Physician performs for the City
as its MPD are outside the scope of and are not otherwise connected or related to Physician’s
employment with EEP, and that as MPD Physician does not act as the agent or employee of EEP.
The City acknowledges that EEP has no responsibility for or control over Physician in
connection with the services Physician provides to the City as its MPD, and that neither this
Agreement nor such relationship between the City and Physician create any formal, informal,
express or implied partnership, joint venture, relationship of principal and agent, or other
association or affiliation between EEP and the City.
4. Indemnification. The City agrees to indemnify, defend, and hold EEP harmless from
and against any costs, losses, liabilities and expenses, including all court costs, reasonable
expenses and reasonable attorney’s fees that EEP may suffer, incur or be subjected to by reason
of any legal action, proceeding, arbitration or other claim or demand by a third party, of any
nature (“Claims”), whether commenced or threatened, connected to or arising out of or resulting
from or relating to Physician’s acts or omissions in Physician’s capacity as the City’s MPD,
whether or not such Claims specifically arise out of or are related to MPD services provided,
however, that this indemnification shall not extend to any loss, claim or liability caused by the
{WSS670749.DOC;1/00006.900000/}
1
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negligent, wrongful, criminal or tortious act of a physician of EEP serving under contract with
the City, nor abrogate the promises contained in paragraph 5.2 of an underlying Agreement for
Supervisory Services Between the City of Edmonds and Richard Campbell, M.D., attached as
Exhibit A and incorporated by this reference as fully as if herein set forth..
5. Consent. EEP consents to Physician serving as the City’s MPD on the terms and
conditions set forth herein.
6. Attorneys’ Fees. The non-prevailing party in any judicial action, proceeding or
arbitration to enforce any of the provisions or rights under or pursuant to this Agreement,
including, without limitation, any claim for declaratory relief or rescission, shall be fully
responsible for and pay the prevailing party’s reasonable attorneys’ fees, costs, and expenses,
including, without limitation, those incurred preliminary to the institution of any such action,
proceeding or arbitration and with respect to any appeal arising therefrom, which attorneys’ fees,
costs, and expenses awarded hereunder shall be included as a part of any ruling, award, or
judgment.
IN WITNESS WHEREOF, the parties have caused their duly authorized representatives
to execute this Agreement.
CITY OF __________________________
By:
Signature
Name
Print/Type
Title
Print/Type
Date:
EDMONDS EMERGENCY PHYSICIANS,
INC. P.S.
By:
Signature
Name
Print/Type
Title
Print/Type
Date:
{WSS670749.DOC;1/00006.900000/}
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AM-1196 3.C.
Professional Services Agreement - Fire Department Medical Program Director
City Council Committee Meetings
Date:10/09/2007
Submitted By:Mark Correira, Fire Time:5 Minutes
Department:Fire Type:Action
Committee:Public Safety
Information
Subject Title
Professional Services Agreement - Fire Department Medical Program Director.
Recommendation from Mayor and Staff
The Edmonds Fire Department respectfully requests the Public Safety Committee approve the
agreement as written and send with a recommendation to approve to the October 16 Council
Consent Agenda requesting authorization of the Mayor to sign the agreement.
Previous Council Action
Authorization to post a Request for Qualifications process was approved by the Public Safety
Committee on May 1, 2007 and the City Council on May 8, 2007.
Narrative
The Edmonds Fire Department has a Professional Services Agreement signed with a physician to
provide oversight of the Department’s EMS Program. Dr. James Mercer has provided EMS
oversight for the past eight years and recently tendered his resignation. Authorization to post a
Request for qualifications process was approved by the Public Safety Committee on May 1, 2007
and the City Council on May 8, 2007, and was posted in accordance with City policies. The Fire
Department received one (1) qualified applicant.
A Professional Services Agreement for these duties was vetted by City Attorney Scott Snyder and
has been approved by Dr. Richard Campbell.
The Edmonds Fire Department respectfully requests the Public Safety Committee approve the
agreement as written and send with a recommendation to approve to the October 16 Council
Consent Agenda requesting authorization of the Mayor to sign the agreement.
Fiscal Impact
Attachments
Link: EFD MPD Agreement
Form Routing/Status
Route Seq Inbox Approved By Date Status
1 City Clerk Sandy Chase 10/04/2007 08:29 AM APRV
2 Mayor Gary Haakenson 10/04/2007 09:11 AM APRV
3 Final Approval Sandy Chase 10/04/2007 09:12 AM APRV
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3 Final Approval Sandy Chase 10/04/2007 09:12 AM APRV
Form Started By: Mark
Correira
Started On: 10/03/2007 05:04
PM
Final Approval Date: 10/04/2007
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{WSS600489.DOC;1/00006.900000/}
1
AGREEMENT FOR SUPERVISORY SERVICES
BETWEEN
THE CITY OF EDMONDS AND RICHARD J. CAMPBELL, M.D.
This Agreement for Supervisory Services is hereby entered into this _____ day of
________________, 2007 by and between the City of Edmonds, Washington, (hereinafter
“Edmonds”) and Richard J. Campbell, M.D., (hereinafter the “Contractor”).
R E C I T A L S
WHEREAS, Edmonds and the City of Lynnwood jointly undertook certain activities
necessary to provide a fire-based advanced life support medical service; and
WHEREAS, Edmonds and Lynnwood engaged the Contractor to render services in the
area of training, supervision and advice in connection with the provision of emergency medical
services in order to ensure the highest possible quality of paramedic and related emergency
medical services; and
WHEREAS, the exorbitant cost of medical malpractice insurance undermined the
purpose and value of the prior Agreement; and
WHEREAS, following consultation with its insurance pool, the Washington Cities
Insurance Authority, Edmonds believes the value of the program offsets the low risk of
indemnifying the Contractor from the risks of administering the duties of the Agreement in
accordance with the limitations set forth herein; and
WHEREAS, the Contractor is a highly qualified medical professional willing and able to
timely perform the services desired by Edmonds under the conditions set forth;
NOW, THEREFORE, in consideration of the mutual benefits to be derived and the
promises contained herein the parties agree as follows:
TERMS
Section 1. Scope of Services. The Contractor’s title shall be Medical Program Director.
The Contractor shall:
1.1 Report to the Edmonds Fire Chief or his designee.
1.2 Meet with the Fire Chief or his designee at least monthly to provide program,
performance and system feedback regarding Edmonds’ provision of emergency medical services.
1.3 Provide direct oversight to the out-of-hospital care provided by the paramedics for
a time not less than four (4) hours per quarter. This would be performed by riding with the
paramedics on the paramedic unit and/or “shadowing” the paramedics and EMTs in the Fire
Station.
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1.4 Review emergency medical calls and recommend to the Fire Chief improvements
regarding Edmonds’ emergency medical services system.
1.5 Consult on the EFD Infection Control Program and Bloodborne Pathogen Plan
and recommend appropriate changes as needed.
1.6 Supervise and review results of paramedic training, and approve certification and
recertification in accordance with WAC 248-15-080 and approved standard operating
procedures.
1.7 Evaluate paramedic performance and recommend to the Fire Chief any necessary
formal disciplinary or corrective action, including restraining, disciplinary measures, and
termination, and -- at the request of the Fire Chief and/or the Medical Service Administrator --
provide input in the hiring process.
1.8 Direct, on the radio and/or using other communications devices, paramedic
activities related to patient care at the scene of medical emergencies when on duty. In the
Contractor’s absence, the Contractor’s designee (the “replacement”) will direct on the radio
and/or using other communications devices, paramedic activities related to patient care at the
scene of medical emergencies. No additional compensation shall be provided for services
performed by the replacement in the Contractor’s absence.
1.9 Perform duties in accordance with Chapter 248-15 WAC.
1.10 Exercise final authority over paramedics and other agents of Edmonds while
performing emergency medical services, and may suspend a paramedic from providing medical
treatment under the Contractor’s license. PROVIDED, that nothing in this Agreement shall limit
or diminish the ultimate administrative authority of the Fire Chief.
Section 2. Delegation of Duties. Whenever the Contractor is absent from the area for a
period longer than four weeks and/or is unavailable to perform the duties and responsibilities of
this Agreement, the Contractor shall formally appoint a qualified replacement to assume and
perform the contractual duties and responsibilities during the absence. The Contractor shall
advise the Fire Chief and the Medical Services Administrator or his designee, of the
replacement’s name and qualifications prior to commencement of the Contractor’s unavailable
status. All replacements shall be subject to the Fire Chief’s or his designee’s approval, and shall
agree in writing to abide by all provisions of this Agreement. No additional compensation shall
be provided for services performed by the replacement in the Contractor’s absence.
Section 3. Time of Performance; Termination. This Agreement shall become effective
for two (2) full years and two (2) months commencing on November 1, 2007, unless earlier
terminated by either the Contractor or by Edmonds giving the other a minimum of ninety (90)
days advance written notice of intention to terminate from the date specified for termination in
the written notice.
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Section 4. Compensation. Edmonds shall pay the Contractor One Thousand seven
Hundred and twenty-five Dollars and no Cents ($1,725.00) per month (for a total of $20,700.00
annually) to perform the services specified herein.
Section 5. Legal Liability and Indemnification. In performing work under this
Agreement, it is the understanding and intent of the parties that the designated duties of
reporting, supervising, evaluating and training listed in this Agreement along with the direction
of emergency medical services does not constitute the practice of medicine. Accordingly, the
parties provide for their respective liability as follows:
5.1 Indemnification of Contractor While Within the Scope of This Agreement. While
the Contractor is performing duties within the scope of the relationship created by this
Agreement, Edmonds agrees to treat the Contractor as a public official and indemnify him in
accordance with the provisions of Chapter 2.06 Indemnification of Employees and Officers,
Edmonds City Code, in all respects as though the Contractor is a “official” of the city while
performing the duties specified by this Agreement. Nothing herein shall be interpreted as a
promise to indemnify the Contractor for any duties, particularly medical services and treatment,
which the Contractor performs as a physician outside of the scope of this Agreement.
5.2 The Contractor agrees to indemnify and hold harmless Edmonds, its respective
officers, agents and employees from the Contractor’s negligent, wrongful, criminal or tortious
actions arising from, during or out of the performance of the duties under this Agreement and
with respect to any and all injury or damage to Edmonds, or its respective properties, and also
from and against all claims, demands and causes of action of every kind or nature arising directly
or indirectly, or in any way incident to, in connection with, or out of the work performed under
the terms of this Agreement, by the Contractor, his or her agents, employees, representatives or
sub-contractors. The Contractor specifically promises to indemnify Edmonds against claims or
suits brought under Title 51 RCW by his or her employees or sub-contractors, and waives any
immunity which the Contractor may have under that title with respect to Edmonds. The
Contractor further agrees to fully indemnify Edmonds from and against any and all costs of
defending any such claim or demand to the end that Edmonds are held harmless there from. This
paragraph shall not apply to matters covered by the defense offered pursuant to paragraph 5.1
and 5.2 above, nor to damages or claims resulting from the concurrent negligence of Edmonds,
in which event the laws of the State of Washington shall govern the parties’ respective liabilities.
Section 6. Independent Contractor Status Established. The parties intend that an
independent contractor relationship shall be created by this Agreement. No agent, employee or
representative of the Contractor shall deem to be an agent, employee or representative of
Edmonds for any purpose. The Contractor shall be solely responsible for all acts of its agents,
employees, representatives and sub-contractors during the performance of this Agreement. In
addition to the promises contained in paragraph 5 above, the Contractor promises to indemnify
and hold harmless Edmonds from any claim, loss or liability arising from the employment
related claims of its employees or sub-contractors.
Section 7 Integration. The entire Agreement between the parties shall consist of this
contract document. This writing constitutes the sole and exclusive Agreement of the parties
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regarding the subject matter addressed herein and shall not be amended except by a writing
executed by both parties.
Section 8. Non-Waiver. Waiver by a party of any provision of this Agreement or any
time limitation provided for in this Agreement shall not constitute a waiver of any other
provision.
Section 9. Applicable Law and Venue. The laws of the State of Washington shall govern
this Agreement. Any lawsuit arising out of this Agreement or the work performed here under
shall be brought in the Superior Court for Snohomish County, Washington.
Section 10. Notices.
Notices to Edmonds shall be sent to the following address:
Fire Chief
City of Edmonds
121 – 5th Ave. North
Edmonds, WA 98020
Notices to Contractor shall be sent to the following address:
Richard J. Campbell, M.D.
4222 Thackeray Pl. NE
Seattle, WA 98105
Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in
the U.S. mail, with proper postage and properly addressed.
CITY OF EDMONDS
By:
Mayor Gary Haakenson
ATTEST/AUTHENTICATED:
By:
Sandra S. Chase, City Clerk
APPROVED AS TO FORM:
By:
W. Scott Snyder, City Attorney
CONTRACTOR
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Richard J. Campbell, M.D.
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