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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     Packet Page 1 of 35 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 Packet Page 2 of 35 Form Started By: Jana Spellman  Started On: 10/02/2007 02:41 PM Final Approval Date: 10/04/2007 Packet Page 3 of 35 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 Packet Page 4 of 35 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 Packet Page 5 of 35 -1- 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. Packet Page 6 of 35 -2- 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. Packet Page 7 of 35 DRAFT - 10/2/2007 -1- 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 Packet Page 8 of 35 DRAFT - 10/2/2007 -2- 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 Packet Page 9 of 35 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. Packet Page 10 of 35 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 Packet Page 11 of 35 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 Packet Page 12 of 35 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 Packet Page 13 of 35 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 Packet Page 14 of 35 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 Packet Page 16 of 35 Packet Page 17 of 35 Packet Page 18 of 35 Packet Page 19 of 35 Packet Page 20 of 35 Packet Page 21 of 35 Packet Page 22 of 35 Packet Page 23 of 35 Packet Page 24 of 35 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 Packet Page 27 of 35 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/} -2- Packet Page 28 of 35 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 Packet Page 29 of 35 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 Packet Page 30 of 35 {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. Packet Page 31 of 35 {WSS600489.DOC;1/00006.900000/} 2 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. Packet Page 32 of 35 {WSS600489.DOC;1/00006.900000/} 3 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 Packet Page 33 of 35 {WSS600489.DOC;1/00006.900000/} 4 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 Packet Page 34 of 35 {WSS600489.DOC;1/00006.900000/} 5 Richard J. Campbell, M.D. Packet Page 35 of 35