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Agreement with American Medical Response (AMR) for emergency dispatch services BEFORE THE BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON IN THE MATTER OF: RESOLUTION NO. 20-058 APPROVAL OF AN AGREEMENT BETWEEN LEWIS COUNTY DEPARTMENT OF EMERGENCY SERVICES, 911 COMMUNICATIONS AND AMERICAN MEDICAL RESPONSE (AMR) FOR EMERGENCY DISPATCH SERVICES FROM JANUARY 1, 2020, THROUGH DECEMBER 31, 2022. WHEREAS, Lewis County has a central dispatch center (Central Dispatch), which provides E911 emergency dispatch services for all Law Enforcement, Fire, Emergency Medical Service Units and others within Lewis County; and WHEREAS, American Medical Response (AMR) is an integral part of Lewis County Emergency Medical Service response programs that are dispatched through the Lewis County Communications Center (Central Dispatch) as part of the overall emergency response; and WHEREAS, American Medical Response desires to continue having said dispatch services provided by Central Dispatch as part of their emergency response program through December 31, 2020; and WHEREAS, the Board of County Commissioners (BOCC) has had an opportunity to review the Agreement between Lewis County and American Medical Response, attached as "Exhibit A"; and WHEREAS, it appears to be in the best public interest to approve and authorize this Agreement with American Medical Response. NOW THEREFORE BE IT RESOLVED that the BOCC of Lewis County hereby approves the terms and conditions of the attached three-year agreement (Jan. 1, 2020, through Dec. 31, 2022) in the amounts of 591,412.78 for 2020 and an annual fee based on $14.91 per call for service based on call volume from July of the previous year to June of the current year for 2021 and 2022, between Lewis County and American Medical Response and hereby authorizes the Director of Emergency Services to sign on behalf of the County. . DONE IN OPEN SESSION this 24th day of February, 2020. APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON Amber Smith Gary Stamper By: Amber Smith, Gary Stamper, Chair Deputy Prosecuting Attorney ATTEST: Edna J . Fund Edna J. Fund, Vice Chair Rieva Lester Robert C . Jackson Rieva Lester, Robert C. Jackson, Commissioner Clerk of the Lewis County Board of County Commissioners DocuSign Envelope ID: EA3E889F-1B56-4AE2-9731-D3A71DAD4293 DISPATCH SERVICES AREEMENT BETWEEN AMERICAN MEDICAL REPONSE AMBULANCE SERVICE, INC. (AMR) AND LEWIS COUNTY DEPARTMENT OF EMERGENCY SERVICES,911 COMMUNICATIONS DIVISION (Authorization for this agreement is contained in Ch 18.73 RCW, Ch.82.14B RCW and Ch.39.34 RCW.) The terms of this Contract and the performance thereof shall commence on January 1, 2020 and shall terminate on December 31, 2022.This contract may be extended,terminated or renegotiated upon mutual agreement between the parties hereto and pursuant to the terms and conditions of this contract. Lewis County 911 Communications(Central Dispatch), on behalf of Lewis County, agrees to perform the following dispatch services for American Medical Response Ambulance Service, Inc. (hereinafter "Agency"): 24-hr per day answering of telephone circuits terminating at Central Dispatch and of radio requests Incoming on the frequencies agreed to by the parties to be appropriate for use (hereinafter"radio and telephone requests"). Determine the nature of each incident and dispatch a proper response in accordance with Central Dispatch's established response plans and directions. Maintain status of the active Agency units and provide timely response to radio and telephone requests with respect to each incident. Provide a positive means to log incoming calls, which includes verification of time of receipt, dispatch, and arrival of Agency units to provide a means to verify the events and time span involved with each incident, and upon request provide abstracts of those logs pertaining to individual incidents. Act as an interface or conduit between Agency units,fire departments, emergency services, Central Dispatch and law enforcement agencies within Central Dispatch's established service area. Make telephone calls to assist in summoning private sector aid when requested. Central Dispatch shall not be obligated to maintain any equipment in addition to that needed by Central Dispatch to dispatch subscribing law enforcement and fire agencies.Should the Agency desire additional equipment, the Agency shall be responsible for the costs of installation,operation, and maintenance for any such equipment. Agency agrees to pay an annual fee in 2020 of$91,412.78; payments of$7,617.73 shall be made monthly and will be due by the fifth working day of the month following the month of service. Failure to make timely payment shall result in a 5%late fee charge. 2020 Annual fee based on $14.20 per call for service from July 1 of 2018 to 30 June of 2019. Agency agrees to pay an annual fee in 2021 and 2022 based on a$14.91 (5%increase) per call for service based upon call volume from July of the previous year to June of the current year(1 July 2019-30 June 2020& 1 July 2020-30 June 2021). DocuSign Envelope ID: EA3E889F-1 B56-4AE2-9731-D3A71 DAD4293 If the calls for service volume increases or decreases two percent(2%) or more over a fiscal year(FY) (January to December),either party may ask in writing to renegotiate a new rate that generally corresponds to the change in calls for service. Assignment and Subcontracting: No portion of this Contract may be assigned or subcontracted to any other individual,firm or entity without express and prior written approval of Lewis County Communications. Modification: Either party may request changes in this Agreement. Any and all agreed modifications shall be in writing, signed by each of the parties. Termination: Agency or Central Dispatch (on behalf of Lewis County) may terminate this contract in whole or part upon 30 days written notice whenever Agency or Central Dispatch determines, at either party's sole discretion,that such termination is in the interest of Agency or Central Dispatch. If the agency breaches any of its obligations hereunder,and fails to cure the breach within ten (10)days of written notice to do so by Central Dispatch, Central Dispatch may terminate this Agreement, in which case Central Dispatch shall pay the agency only for the costs of services accepted by Central Dispatch. Upon such termination,Central Dispatch, at its discretion, may obtain performance of the work elsewhere, and the agency shall bear all costs and expenses incurred by Central Dispatch in completing the work and all damage sustained by Central Dispatch by reason of the Contractor's breach. If, subsequent to termination, it is determined for any reason that(1)the agency was not in default, or(2) the agency's failure to perform was not its fault or its subcontractor's fault or negligence, the termination shall be deemed to be a termination under this section. Defense and Indemnity Agreement: Each party shall hold the other harmless and shall indemnify the other from any and all causes of action, judgments, claims, damages or otherwise arising out of its sole and solitary acts or omissions.Without limiting the foregoing,Agency acknowledges that Agency is solely responsible for all liability,costs or expenses resulting from its acts or omissions,and that Central Dispatch's responsibility hereunder is limited solely to the provision of those services described in this document. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement,the venue of such action of litigation shall lie in the courts of the State of Washington in and for the County of Lewis.The law of the State of Washington shall govern this agreement. Confidentiality: The Agency, its employees,subcontractors and their employees shall maintain the confidentiality of all the information provided by Central Dispatch or acquired by the Agency in performance of this Agreement, except upon prior written consent of the Lewis County Prosecuting Attorney or any order DocuS Jn Envelope ID: EA3E889F-1656-4AE2-9731-D3A71DAD4293 entered by a court after having acquired jurisdiction over the County.Agency shall immediately give Central Dispatch notice of any judicial proceeding seeking disclosure of such information.Agency shall indemnify and hold harmless Lewis County, its officials,agents and employees from all loss or expense, including but not limited to settlements,judgments, setoffs,attorney's fees and costs resulting from Agency's breach of this provision. This confidentiality provision is subordinate to the Public Records Act(PRA) whereas releases of public records may occur with due regard for patient privacy information, which is exempt from the Act. Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement(except service of process), notice shall be given by the Agency to the Lewis County Emergency Services Director, 351 NW North Street, Chehalis,WA 98532. Notice to the Agency for all purposes under this Agreement shall be given to 1218 Borthwick Street, Centralia, WA 98531. Notice may be given by hand delivery or by depositing notice in the US mall,first class, postage prepaid. If to Agency: Regional Director American Medical Response 13075 Gateway Dr., Suite 100 Seattle, WA 98168 With Mandatory Copy to: Legal Department American Medical Response, Inc. 6363 S. Fiddler's Green Circle 1e Floor Greenwood Village, CO 90111 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect the other terms, conditions or applications which can be given effect without the invalid term,condition or application. To this and,the terms and conditions of this contract are declared severable. Waiver: Waiver of any breach of condition this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this agreement shall be help to be waived, modified or deleted except by an instrument, in writing,signed by the parties hereto. Entire Agreement: This written contract represents the entire Agreement between parties and supersedes any prior statements,discussions or understandings between the parties. Compliance: DocuSign Envelope ID: EA3E889F-1B56-4AE2-9731-D3A71DAD4293 1 The parties will comply in all material respects with all applicable federal and state laws and regulations including,the federal Anti-kickback statute. Central Dispatch warrants and represents that the payments made by AMR to 911 Communications shall be less than or equal to the Central Dispatch's actual costs to provide the Services. No funds shall be used by Central Dispatch in a manner that may violate 42 U.S.C. Section 132Da-7b,the federal Anti-Kickback Statute. Compliance Program and Code of Conduct: Agency has made available to each party a copy of its Code of Conduct,Anti-kickback policies and other compliance policies, as may be changed from time-to-time, at Agency's web site, located at: www.amr.net, and each party acknowledges receipt of such documents. Agency warrants that its personnel shall comply with Agency's compliance policies, including training related to the Anti-kickback Statute. Non-Exclusion: Each party represents and certifies that neither it nor any practitioner who orders or provide Services on its behalf hereunder has been convicted of any conduct that constitutes grounds for mandatory exclusion as identified in 42 U.S.C.§ 132Da-7(a). Each party further represents and certifies that it Is not ineligible to participate in Federal health care programs or in any other state or federal government payment program. Each party agrees that if DHHS/OIG excludes it, or any of Its practitioners or employees who order or provide Services, from participation in Federal health care programs,the party must notify the other party within five (S)days of knowledge of such fact, and the other party may immediately terminate this Agreement, unless the excluded party is a practitioner or employee who immediately discontinues ordering or providing Services hereunder. Referrals: It is not the intent of either party that any remuneration, benefit or privilege provided for under the Agreement shall influence or in any way be based on the referral or recommended referral by either party of patients to the other party or Its affiliated providers, if any, or the purchasing, leasing or ordering of any services other than the specific services described in this Agreement. Any payments specified herein are consistent with what the parties reasonably believe to be a fair market value for the services provided. AMERICAN MEDICAL REPONSE. LEWIS COUNTY AMBULANCE SERVICE, INC. DEPARTM T OF ENCY I ES DocuSigned by: ttama,S cl/ l LY' �-37S1CF6B7C634A8 Regional dfi; t6"oup Director of Emergency Servi s President APPROVED TO FO M f a.II,titQ'L )1 tur i'• 7 - Deputy Prosecuting Attorney BOCC AGENDA ITEM SUMMARY Resolution: BOCC Meeting Date: Feb. 24, 2020 Suggested Wording for Agenda Item: Agenda Type: Deliberation Approval of an agreement between Lewis County Department of Emergency Services, 911 Communications and American Medical Response (AMR) for emergency dispatch services from January 1, 2020, through December 31, 2022. Contact: Scott Smitherman Phone: 3394 Department: DES - Emergency Management (Dept. of Emergency Services) Description: Approval of a resolution and agreement between Lewis County Department of Emergency Services, 911 Communications and American Medical Response (AMR) for emergency dispatch services from January 1, 2020 through December 31, 2022. Approvals: Publication Requirements: Publications: User Status PA's Office Pending Additional Copies: Cover Letter To: Kelly Sneed, Scott Smitherman Thomas Wagner, American Medical Response 13075 Gateway Dr., Suite 100. Seattle WA 98168 Tony Kuzma, American Medical Response 1218 Borthwick St., Centralia WA 98531