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Home My WebLink About12/13/2016 12 Ambulance Emergency Dispatch Services Contracts; YMC Amendment 5.96.040 , 07,7, 001 xs .1 �5 .may s n. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 12. For Meeting of: December 13, 2016 ITEM TITLE: Discuss ambulance ordinance fee SUBMITTED BY: Brad Coughenour, Manager, SunComm SUMMARY EXPLANATION: Staff is seeking council direction on a proposed Amendment to Ordinance 5.96.040, Section 1, that would require ambulance companies operating in the City of Yakima and relying upon SunComm dispatching services, to enter into a Private Provider Dispatch Service Agreement. Through this agreement, a modest fee would be assessed to private ambulance companies to help offset the costs of providing those companies with EMS Dispatch communications. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: BOARD/COMMITTEE RECOMMENDATION: The Council Public Safety Committee recommended moving this agenda item to full council for consideration. ATTACHMENTS: Description Upload Date Type D Ordinance 5.96.040 12!212016 Ordinance D PSC Briefing 12/2/2016 Presentation D Prieto Protider Dispatch Service Agreement 12/2/2016 Contract 0 County Billing 12/2/2016 Exhibit 0 EMS Calls per City/Company 2015 12/2/2016 Exhibit Distributed at the Meeting l - � CCTV OF YAKIMA AMR® DEC 0g2016 OFFICE OF CITY MANAGER TO Council Members &City Manager Yakima,Washington FROM David Lynde, Operations Manager American Medical Response DATE 8 December 2016 RE Municipal Code 5 96 40 There has been a proposal put forth via the Public Safety Committee to modify the Code as referenced above. Specifically, the modification would require contracting with SunComm allow for dispatch fees to be assessed from the private ambulance providers operating within the boundaries of the city You will be asked to consider and vote for this modification at the Council Meeting scheduled for December 13th I am asking that the modification request be tabled at this time to allow for the following• o A review by impacted parties to identify the specific potential impact to the overall EMS System of Yakima County While the modification speaks only to the City the impact extends throughout the County Primary members of the EMS System include the private ambulance providers and the paid and volunteer fire departments while the Sheriff's Department,Yakima Police Department, and other related responders utilize the services on a daily basis. A tabled request would allow for representatives from this group to identify specifically what the impact(s) to the system would be,whether or not it would result in degradation of services to the citizens of the area, and what if any mitigation efforts could be put in place should the modification be approved. In an effort to identify what that impact might be I have attached some supporting documentation. Additionally, I have attached letters of support for my request from some of the provider groups/agencies I appreciate your consideration of the request and look forward to helping work through the issues at hand. Please feel free to contact me directly with questions and/or for further information. My direct number is 509 225 3912 An Envision Healthcare Company 229 s Second Avenue I Yakima WA 98902 • PROPOSED CHANGES TO YAKIMA CITY MUNICIPAL CODE 5.96.040 Currently private ambulance providers operating in Yakima County do not pay a per call dispatch fee for call information received. There is a proposal to make changes to the Municipal Code that would allow for such fees to be imposed. Prior to considering such changes I would ask that the following be considered. o Since the late 1980s EMS Services in the County(both public and private) have collaborated on system design,public information and prevention programs, data collection and analysis, quality assurance and improvement, and provision and coordination of training and continuing education for providers. o As a result of this collaboration some of the positive outcomes include dispatch of the closest available resource on EMS responses, CAD to CAD interfaces that identify available resources,program development and provider training that has improved out-of-hospital survival rates in Yakima County Additionally tiered response systems have been implemented supporting local fire department initiatives to control their costs as well as Medical Program Director support of the 9-1-1 Center o Private ambulance providers respond on every EMS call in conjunction with the local fire department. Even though this represents significant costs for the private providers,there are no charges to anyone unless a patient is transported as a result of the call. Any person requesting assistance is transported regardless of their ability to pay for such services and based on the patient's perception of need in addition to professional assessment and treatment provided. American Medical Response (AMR) alone provides almost$2MM annually in uncompensated care in Central Washington. o Private ambulance providers place resources at every fire scene on request,and remain to provide treatment and transport as needed to firefighters until released by the incident commander There is no charge to the fire departments for this service. o The entire healthcare industry, including ambulance service,is transforming from a fee for service model to an outcomes based reimbursement structure. It is well documented that reimbursement for EMS and other healthcare providers is below the actual cost of providing the service in many regards. Of all dollars billed in Central Washington by AMR,the collection rate is less than 25% overall,with significant discounts provided for all Medicare, Medicaid, and other Government-based insured populations There is an incorrect assumption with regards to actual revenue achieved by private ambulance providers in Yakima County The private providers already struggle with continuing to provide the same high levels of service as expected while receiving less and less payment each year for services rendered. o Private ambulance providers in Yakima County pay monthly AVL monitoring fees to the City, charges associated with a ring-down line between dispatch centers, charges associated with the CAD to CAD link between dispatch centers, and fees to YAKCORP for various functions related to the Spillman system. An Envision Healthcare Company 229 s Second Avenue l Yakima WA 98902 o It is a fact that prig ate providers in some other areas,including AMR, currently pay dispatch fees. Several of the identified providers operate under sole source contracts with the municipality (ies) they serve which allows for operational efficiencies not available in Yakima County with multiple providers and no agreements in place. POTENTIAL FOR UNINTENDED CONSEQUENCES IF FEES ARE IMPOSED G Private ambulance providers would have to evaluate their ability to respond on every call regardless of whether or not it resulted in a patient transport. • Private ambulance providers would have to evaluate their ability to provide fire scene stand- by at no charge to area departments. • Private ambulance providers could be limited in their ability to engage in the overall health and wellness of our community due to a reduction in available funds. is The EMS System overall in Yakima County could move backwards due to the need to weigh associated costs against response capabilities. This alone could result in a reduced level of care provided to area citizens and potentially reduce first response from an ALS to a BLS level of care. The private ambulance services in Yakima County have a long history providing response, treatment, and medical transport to our citizens AMR and predecessor company owners have maintained a continuous presence in this Valley since the 1960's. ALS celebrated 20 years of service earlier this year We have prided ourselves on being an equal partner in the EMS System here, and have worked hard to give back to the Community Please help us maintain our position by keeping the Municipal Code as it is currently worded in place. AMBULANCE SERVICE TO Council Members&City Manager Yakima, Washington FROM William Woodcock, CEO Advanced Life Systems, Inc. DATE 8 December 2016 RE Municipal code 5 96 40 There has been a proposal put forth via the Public Safety Committee to modify the Code as referenced above Specifically,the modification would allow for(and require) dispatch fees to be assessed from the private ambulance providers operating within the boundaries of the city You will be asked to consider and vote for this modification at the Council Meeting scheduled for December 13th I am asking that the modification request be tabled at this time,to allow for the following o A review by impacted parties to identify the specific potential impact to the overall EMS System of Yakima County • Opportunity to gather and process information for the impacted parties to review for an informed decision While the modification speaks only to the City the impact extends throughout the County Primary members of the EMS System include the private ambulance providers and the paid and volunteer fire departments while the Sheriffs Department, Yakima Police Department, and other related responders utilize the services daily A tabled request would allow for representatives from this group to identify specifically what the impact(s) to the system would be, whether, or not, it would result in degradation of services to the citizens of the area, and what, if any, mitigation efforts could be put in place should the modification be approved illiam Woodcock, President Advanced Life Systems, Inc. 2106 W Washington Ave #3 • Yakima, WA 98903 • (509) 574-8445 CDCOMMOSSOONERS41 TO Council Members&City Manager Yakima, Washington FROM Phil Nelson, Chair Yakima County Fire Commissioners Association Executive Board DATE. December 8, 2016 RE Municipal Code 5.96 40 There has been a proposal put forth via the Public Safety Committee to modify the Code as referenced above Specifically,the modification would allow for dispatch fees to be assessed from the private ambulance providers operating within the boundaries of the city You will be asked to consider and vote for this modification at the Council Meeting scheduled for December 13th I am asking that the modification request be tabled at this time to allow for a review by impacted parties to identify the specific potential impact to the overall EMS System of Yakima County I appreciate your consideration of the request and look forward to helping work through the issues at hand Respectfully submitted •,() Chairman YCFCA, Commissioner Phil Nelson ORDINANCE NO. 2016- AN ORDINANCE concerning ambulance services, requiring that ambulance service providers maintain a contract for emergency dispatch services with the City in order to obtain and maintain compliance with 5.96 YMC; and amending section 5.96.040 YMC. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 5.96.040 of the City of Yakima Municipal Code is amended to read as follows: 5.96.040 Application for ambulanceservice license. An initial application and any subsequent renewal application for an ambulance service license shall be filed with the fire chief and shall be made on forms provided by the department and shall contain the following information and documents: (a) Name, address and telephone number of the applicant. (b) Business name under which the ambulance service shall operate within the city. (c) The number of ambulances to be initially placed in service within the city. (d) The number of licensed ambulance attendants initially to be employed. (e) A roster of all ambulances to be used in the city with proof that each ambulance is currently licensed as an ambulance by the state of Washington. (f) A roster of all certified EMT ambulance attendants with proof that each attendant is currently certified as an EMT by the state of Washington, including certification expiration date. (g) A roster of all certified EMT-paramedic ambulance attendants with proof that each attendant is currently certified as an EMT-paramedic by the state of Washington, including certification expiration date. (h) Proof that ambulances and personnel are verified trauma providers as provided in WAC Chapter 246-976 as now or hereafter amended. (i) A schedule of rates as required by Section 5.96.140 of this chapter. (j) Proof of insurance as required by Section 596110 of this chapter. (k) Current Dispatch Services Agreement with the City for 911 Dispatch Services, establishing terms of payment and cost of dispatch services. Prior to the issuance of the ambulance service license, the application and all necessary records, Dispatch Services Agreement and identified documents shall be reviewed and all equipment proposed for use shall be inspected by the fire chief, who shall determine whether said records, Dispatch Services Agreement, identified doounnento, and equipment conform to the requirements of this chapter, and any rules or regulations referenced herein or issued hereunder. Upon approval of the app|ioadon, the fire chief shall issue an ambulance service license to the applicant. (Ord. 97-71 § 1 (part), 1997). Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY CC)UNC|L, signed and approved this day of .2O10. ATTEST: Kathy Coffey, Mayor City Clerk Publication Date: Effective Date: suncomm 911 COMMUNICATIONS PRIVATE AMBULANCE DISPATCH FEES AND ORDINANCE PROPOSAL HISTORY Currently, SunComm charges each public safety fire and police department that receives dispatch support through SunComm a fee for each incident that is dispatched . A Public Safety response to an incident involves one or more of the four agencies: ➢ Law, Fire, Ambulance (Emergency Medical Services ( EMS), and Dispatch/9-1-1 The City of Yakima and Yakima County rely on private ambulance service to fulfill the EMS portion of responses determined by the response plan . IdentifiedProblem Two private ambulance services (ALS and AMR) operate in the City of Yakima and rely on SunComm to provide their operations the necessary triage information pertaining to EMS calls. Without this information from SunComm neither company would have the ability to receive the call or ability to provide service and, therefore, collect revenue. The cost for SunComm to maintain personnel, hardware, and software is only offset by E911 Excise Tax , General Fund, and Dispatch Fees. Proposed Solution Develop an ordinance that creates a provision attached the company's annual business license to contract with SunComm. The contract would outline the conditions and fees for services that are associated with EMS calls for service. Fee proposal is based on six (6) specific EMS type of incidents, based on similar staff time used in supporting traffic stops with Union Gap Police Department, and the six (6) EMS type incidents that is used to determine the EMS tax revenue within the county. SunComm 's Current Service to AMR/ALS rDISPATCHER TONES FIRE Call-Taker TRIAGE remains on UNITS 9-1-1 CALL RESPONSEARRIVE CALL line with CALL caller ID Type NEAREST (Nature) AMBULANCE 4 Fi Translation a ♦ R 7 INCIDENTS TYPES Incidents are identified as "NATURE CODES" which identifies the type of incident the person is reporting. There are 60 individual "NATURE CODES," the contract would use six (6) of these to base EMS service. • Emergency Medical Response Medic : EMR Medic • Emergency Medical Response Red : EMR Red • Emergency Medical Response Yellow: EMR Yellow • Emergency Medical Response Medical Alarm : EMR Med Alarm • Accident Injury • Accident Unknown ** NOTE: these same six Nature Codes that are used to determine the EMS Tax revenue that is distributed throughout the county.** PUBLIC vs PRIVATE DISPATCH Ambulance Fire PD/Traffic Stop • Current: No • $51.82 • $14.00/ Incident Cost • $5 .71/ Traffic Stop • Proposed $5.78 • Phone/CAD • • Radio Radio/ • Station Alert • Monitor AVL • Monitor AVL • MonitorAVL 2017 REVEUE PROJECTION 2017 (T) Annual Revenue CPI AVG (P) 2017 Dispatch Budget City OP Cost 2016 2016 2017 1,613,501.00 % Based Cal Vol umne Agency Cost Per CalI 1.2500% Cost Per CalI 2015 Calls Percentage Total H LF D #1 $51.18 $0.64 $51.82 313 0.22% 16,219.58 $3,535.46 SEFD #2 $51.18 $0.64 $51.82 1370 0.96% 70,993.06 $15,474.68 NAFD #3 $51.18 $0.64 $51.82 247 0.17% 12,799.48 $2,789.96 EVFD #4 $51.18 $0.64 $51.82 1143 0.80% 59,229.97 $12,910.63 G LF D #6 $51.18 $0.64 $51.82 330 0.23% 17,100.52 $3,727.48 NHFD #9 $51.18 $0.64 $51.82 81 0.06% 4,197.40 $914.93 WV FD #12 $51.18 $0.64 $51.82 660 0.46% 34,201.04 $7,454.96 N I FD #14 $51.18 $0.64 $51.82 168 0.12% 8,705.72 $1,897.63 Fire REV Total 223,446.76 $48,705.71 ALS $5.71' $0.07 $5.78 7929 5.55% 45,840.52 $89,561.13 AMR $5.71' $0.07 $5.78 4419 3.09% 25,547.90 $49,914.32 Total 71,388.42 UGPD $14.00 6577 4.60% 92,078.00 $74,289.77 UGPD/Traffic $5.71 1549 1.08% 8,844.79 $17,496.56 100,922.79 $91,786.32 Forecasted Revenue 395,757.97 $140,492.04 D i ff e nce 1,217,743.03 $1,473,008.96 COY Comparison YF F D $51.18 $0.64 9127 467119.86 Y K P D $14.00 86705 1,213,870.00 YK P D/TS $5.71 24158 137,942.18 1,818,932.04 Cost of Service vs . Revenue • Basis Transport [Basic Life Support( BLS)] • $290.00 - $340.00 • Advance Transport [Advance Life Support (ALS)] • $900.00 - $1100.00 • $5.78 represents = 1.9% of $290.00 ( BLS) • $5.78 represents = .06% of $900.00 (ALS) • Information received from AMR billing office Portland, OR. Fees are based on area of service. AMBULANCE SERVICE BY COUNTY BILLING AND OPERATIONS PSAP OR CITY AMBLANCE SERVICE DISPATCHED HOW DISPATCHED BILLED COMMENTS Billed on toned calls, all other calls the KITSAP BOTH YES TONES YES agency monitor radio traffic (THURSTON)TECOMM BOTH YES(PRIVATE) BLS AUTO, MANUAL ALS YES (3) 1 PUBLIC, 2 PRIVATE CHELAN AND DOUGLAS CO. PRIVATE COMPANIES ARE BILLED FOR 25%OF RIVERCOM BOTH YES RADIO/CELL PAGE YES THEIR TOAL CALLS Grant(MACC) BOTH YES RADIO/PAGE/ACTIVE911 YES PENCOMM BOTH YES PAGES NO Board is considering change Calls are transferred to private PACIFIC BOTH YES(PUBLIC) YES(PUBLIC) companies, no processing. 1 Private that serves the largest portion/ 2 public cad Interface w private they CLARK BOTH YES RADIO YES finish dispatch Public Volunteer/AMR-ALS determined WAHKIAKUM BOTH YES RADIO/PHONE AMR No/Public by protocal AMR$12.50 PER CALL/Renegotiating LEWIS PRIVATE YES YES contract 2017 No justification of not charging private JEFFCOM PUBLIC YES/NO MONITOR RADIO YES services KITTITAS PUBLIC YES RADIO YES GARFIELD PUBLIC YES Adams PUBLIC YES RADIO YES Internal to Sheriff's Office PEND O'REILLE BOTH YES DIGITAL PAGE NO Reviewing fee policy 2017 SKAMMAN IA PUBLIC YES RADIO YES Whitcom PUBLIC YES RADIO, Page,Active 911 YES ACTIONS • February 2016 notified AMR/ABCs of proposal • Developed proposed contract with City Legal June 2016 • Additional discussion with AMR July 2016, ALS not present • Discussed issue with E911 Admin and Operational Board; Aug 2016 • Sent proposed contracts to AMR/ALS September 2016, No response • AMR introduce discussion with EMS Board • Discussed proposal with County EMS Medical Program Director • Discussed proposal with City of Yakima, City Manager SUMMARY SunComm is requesting the City of Yakima Public Safety Committee adopt Amended Ordinance Section 5.96.040 of the City of Yakima Municipal Code: Application for ambulance service license. Secondly, SunComm recommends the committee adopt the Private Provider Dispatch Services Agreement. Sun Comm Dispatch Service Agreement—Private Provider Private Provider DISPATCH SERVICES AGREEMENT THIS DISPATCH COMMUNICATIONS SERVICES AGREEMENT, (hereafter the "Agreement") is made and entered into by and between the City of Yakima (hereinafter "Yakima") and (hereinafter referred to as the "User Agency"). WITNESSETH WHEREAS, pursuant to previous agreements, Yakima has provided dispatching services to municipal and quasi-municipal corporations ("public agencies"), including cities and fire protection districts, for the purpose of providing public safety dispatch services. Such public safety dispatch services include, but are not limited to, radio and telephony dispatch, alarms, emergency calls, and coordination of Mutual Aid Agreements (MAAs). WHEREAS, Yakima and User Agency desire to enter into an Agreement for provision of public safety dispatch services upon the terms and conditions set forth herein, which terms and conditions substantially conform to the terms and conditions of agreements for such services by and between Yakima and such public agencies. NOW, THEREFORE, pursuant to, and in consideration of, the mutual covenants, promises, and agreements set forth herein, it is agreed by and between Yakima and the User Agency as follows: 1. SunComm 9-1-1 Communications Center. Yakima shall operate and manage a central facility to be known as the "SunComm 9-1-1 Communications Center" located within the City of Union Gap, and shall use the same for the purpose of receiving public safety calls resulting from 911 or public safety agencies from the respective areas served by the public agencies for which Yakima provides public safety dispatch services, and shall dispatch Law, Fire, and EMS as appropriate in answer to any such public safety emergency calls and for the purpose of receiving and transmitting C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\A86B0008-642F-4672-84FF- 4D26A4D2C911\Yakima.8015.1.Agree PRIVATE PROVIDERS SunComm Dispatch Contract Clean 081016.docx"^d 2k6\shared\CornrnDiv\ na 1 of 8 Sun Comm Dispatch Service Agreement—Private Provider mutual aid calls among the various parties hereto and for other related business. 2. Authority of Dispatch Center and Administration. It is agreed that the duty of operating the SunComm 9-1-1 Communications Center and the complete management thereof is vested in Yakima, and that Yakima shall have the full, complete, and exclusive authority to operate and manage such SunComm 9-1-1 Communications Center, including, but not limited to, the authority to hire and fire employees for such office, all in accordance with applicable E911 Administrative and Operational Board By-laws and applicable laws, rules and procedures. This Agreement shall be administered by Yakima in accordance with applicable law, rules and procedures, and applicable by-laws of the E911 Administrative and Operational Board. 3. Expense of Maintenance and Operation. The expense of continued maintenance and operation of the SunComm 9-1-1 Communications Center, including the expense of building maintenance, operation, maintenance, and purchase of 911 customer premise equipment (CPE), telephone lines terminating at the SunComm 9-1-1 Communications Center, and including the maintenance of public safety communications equipment located within the SunComm 9-1-1 Communications Center belonging to the public agencies served by Yakima, shall be the responsibility of Yakima and managed by Yakima. Revenues generated from the Cost of Service provisions set forth in Section 5 below may be used by Yakima to defray such expenses of maintenance and operation and for any other lawful purpose as determined appropriate by Yakima. 4. Term of Contract. This Contract is for a term of two (2) calendar years commencing January 1, 2017 and terminating at midnight on December 31, 2019. In the event that the method of response to alarm calls is significantly altered, such as tiered emergency medical C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\A86B0008-642F-4672-84FF- 4D26A4D2C911\Yakima.8015.1.Agree PRIVATE PROVIDERS SunComm Dispatch Contract Clean 081016.docx"^d 2k6\shared\CornrnDiv\ na 2 of 8 Sun Comm Dispatch Service Agreement—Private Provider response, the parties agree that this agreement shall be opened to reconsider the Cost of Service formula set forth in Section 5 below to address the new conditions of dispatching alarm calls. 5. Cost of Service. Yakima shall maintain a record of the User Agency's alarm calls and the User Agency shall be charged by Yakima for each call as provided herein. The base cost per dispatched call for the contract period shall be the cost per dispatch retrieved from the CAD Managerial Information System (MIS) for the preceding calendar year. For the first year of this Agreement, the cost of service based on the YRXXXX calls shall be $ per dispatch. The cost per dispatch for each subsequent year of the contract shall be increased effective January 1 of each year for the contract term. The increase shall be calculated by adding the previous contract amount per dispatch, plus the average of the CPI and CPI-W. In addition, Yakima may implement at any time an additional fee approved by the E911 Board to increase the cost per dispatch based on needs of SunComm. The following equation will be used to calculate the annual per dispatch fee. Contract Year 2016 ($00.00+ (CPI+CPI-W)/2= annual increase. (Board approved expenditures will be divided equally between user agencies and added on to the annual cost) To accommodate the User Agency's budget cycle, Yakima shall provide in writing, by August of each year governed by this contract, Yakima's cost for dispatch services for the next budget year. The numbers will be based on the previous year's dispatched calls handled by Yakima for the User Agency, multiplied by the contract year increase times the number of dispatched calls. The following C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\A86B0008-642F-4672-84FF- 4D26A4D2C911\Yakima.8015.1.Agree PRIVATE PROVIDERS SunComm Dispatch Contract Clean 081016.docx"^d 2k6\shared\CornrnDiv\ na 3 of 8 Sun Comm Dispatch Service Agreement—Private Provider equation will be used to determine the User Agencies annual service cost: Annual Contract Rate x Dispatched Calls= Annual Cost 6. Payment for Dispatched Calls. The User Agency shall be billed in January of each year for dispatch services during that calendar year. The User Agency shall pay for each year's billing for dispatch services within ninety (90) days after billing by Yakima. Payment shall be made to Yakima City Treasurer, 129 North 2nd Street, Yakima, Washington 98901. 7. Definition of a Dispatched Call. A call to be charged for under the terms of this Contract is defined as follows: A. A dispatched call is defined as: a call requiring the dispatch of equipment from the User Agency. Any number of vehicles from the responding User Agency may answer any such alarm call. All communications dealing with such alarm call shall be deemed as one (1) alarm call. B. EMS services shall only be billed on those calls resulting in a dispatch received through 911 that support Fire and Law agencies dispatched by SunComm. WC. The following dispatch nature codes will be used in determining the annual changes for service: EMR Medic, EMR Red, EMR Yellow, Accident Injury, EMR Med Alarm, and Accident Unknown. 8. Early Termination of Contract. Either party hereto may terminate this Agreement, with or without cause, by providing sixty (60) days written notice of termination to the other party to this Agreement. 9. Liability of Yakima. Yakima shall not be liable to the User Agency, its officers, employees, and agents for failure to provide, or delays in providing, services herein, if due to any cause beyond the City of C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\A86B0008-642F-4672-84FF- 4D26A4D2C911\Yakima.8015.1.Agree PRIVATE PROVIDERS SunComm Dispatch Contract Clean 081016.docx"^d 2k6\shared\CornrnDiv\ na 4 of 8 Sun Comm Dispatch Service Agreement—Private Provider Yakima's control, such as, but not limited to, power outage, fire, water, energy shortages, failure of its communications or computer hardware or operating system, natural disaster, or inability to provide or continue to provide the agreed upon services due to a court ruling or other legal action adverse to the City of Yakima or this Contract. 10. INDEMNIFICATION/PROMISE NOT TO SUE. A. The User Agency agrees to hold harmless, indemnify, protect, and defend Yakima, its elected officials, officers, employees, and agents from and against any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including attorneys' fees and disbursements) that result from or arise out of the sole negligence or intentionally wrongful acts or omissions of the User Agency, its officers, employees, and agents in connection with or incidental to the performance or non- performance of this Agreement. B. Yakima agrees to hold harmless, indemnify, protect, and defend the User Agency, its officers, employees, and agents from and against any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including attorneys' fees and disbursements) that result from or arise out of the sole negligence or intentionally wrongful acts or omissions of Yakima, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non- performance of this Agreement. C. In the event that the officials, officers, agents, and/or employees of both Yakima and the User Agency are negligent, each party shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages,judgments, costs and expenses (including reasonable attorney's fees). C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\A86B0008-642F-4672-84FF- 4D26A4D2C911\Yakima.8015.1.Agree PRIVATE PROVIDERS SunComm Dispatch Contract Clean 081016.docx"^d 2k6\shared\CornrnDiv\ na 5 of 8 Sun Comm Dispatch Service Agreement—Private Provider D. Nothing contained in this Section or this Contract shall be construed to create a liability or right of indemnification in any third party. 11. Nondiscrimination Provision. During the performance of this Agreement, neither party shall discriminate on the basis of race, age, color, sex, sexual orientation, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: Employment, upgrading, demotion, transfer, recruitment, advertising, layoff, or termination, rates of pay or other forms of compensation, and selection for training. 12. No Insurance — Independent Contractors. It is understood Yakima does not maintain liability insurance for the User Agency and/or its employees. The parties agree, understand and warrant that each party is an independent contractor, and nothing in this Agreement shall be construed to create any relationship of employment, partnership, association or joint venture other than that of independent contractors. Each party shall have sole responsibility for the management and compensation of its employees, agents, officers and volunteers, and shall never maintain or represent that such persons are employees, agents, officers and/or volunteers of the other party. 13. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part to any other person or entity without the prior written consent of Yakima. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities the User Agency stated herein. 14. SEVERABILITY 1. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\A86B0008-642F-4672-84FF- 4D26A4D2C911\Yakima.8015.1.Agree PRIVATE PROVIDERS SunComm Dispatch Contract Clean 081016.docx"^d 2k6\shared\CornrnDiv\ na 6 of 8 Sun Comm Dispatch Service Agreement—Private Provider enforced as if the Agreement did not contain the particular provision held to be invalid. 2. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 15. Integration. This written document constitutes the entire agreement between Yakima and the User Agency. There are no other oral or written agreements between the parties as to the subjects covered herein. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 16. REPRESENTATIONS & WARRANTIES 1. Each User Agency, by signing this Agreement, acknowledges that it has not been induced to enter into this Agreement by any representation or statements, oral or written, not expressly contained herein or expressly incorporated by reference. 2. The City of Yakima makes no representations, warranties, or guaranties, express or implied, other than the express representations, warranties, and guaranties contained in this Agreement. 17. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 18. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County Washington. 19. Signature. The person executing this Agreement on behalf of the User Agency represents and warrants that he or she has been fully C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\A86B0008-642F-4672-84FF- 4D26A4D2C911\Yakima.8015.1.Agree PRIVATE PROVIDERS SunComm Dispatch Contract Clean 081016.docx"^d 2k6\shared\CornrnDiv\ na 7 of 8 Sun Comm Dispatch Service Agreement—Private Provider authorized by the governing body of the User Agency to execute this Agreement on its behalf and to legally bind the User Agency to all the terms, obligations and provisions of this Agreement. IN WITNESS WHEREOF, the parties have set their hands and seals. CITY OF YAKIMA By: By: City Manager ATTEST: ATTEST: City Clerk Secretary/Treasurer DATED: DATED: C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\A86B0008-642F-4672-84FF- 4D26A4D2C911\Yakima.8015.1.Agree PRIVATE PROVIDERS SunComm Dispatch Contract Clean 081016.docx\\pd2k6\sha.ed\CornrnDiv\ na 8 of 8 PSAP OR CITY AMBLANCE SERVICE DISPATCHED HOW DISPATCHED BILLED COMMENTS Billed on toned calls,all other calls the KITSAP BOTH YES TONES YES agency monitor radio traffic (THURSTON)TECOMM BOTH YES(PRIVATE) BLS AUTO, MANUAL ALS YES (3)1 PUBLIC,2 PRIVATE CHELAN AND DOUGLAS CO. PRIVATE COMPANIES ARE BILLED FOR 25%OF THEIR RIVERCOM BOTH YES RADIO/CELL PAGE YES TOAL CALLS Grant(MACC) BOTH YES RADIO/PAGE/ACTIVE911 YES PENCOMM BOTH YES PAGES NO Board is considering change Calls are transferred to private companies, PACIFIC BOTH YES(PUBLIC) YES(PUBLIC) no processing. 1 Private that serves the largest portion/2 public cad Interface w private they finish CLARK BOTH YES RADIO YES dispatch Public Volunteer/AMR-ALS determined by WAHKIAKUM BOTH YES RADIO/PHONE AMR No/Public protocal AMR$12.50 PER CALL/Renegotiating LEWIS PRIVATE YES YES contract 2017 No justification of not charging private JEFFCOM PUBLIC YES/NO MONITOR RADIO YES services KITTITAS PUBLIC YES RADIO YES GARFIELD PUBLIC YES Adams PUBLIC YES RADIO YES Internal to Sheriff's Office PEND O'REILLE BOTH YES DIGITAL PAGE NO Reviewing fee policy 2017 SKAMMANIA PUBLIC YES RADIO YES Whitcom PUBLIC YES RADIO, Page,Active 911 YES ALS AMR ALS 2016 2016 2015 Yakima FEE BASED ACCIDENT INJURY 342 187 318 ACCIDENT UNKNOW 269 133 1 EMR ALARM MED 331 89 1 EMR MEDIC 3786 1631 3842 EMR RED 2781 1516 3047 EMR YELLOW 41 8 45 Total 7550 3564 7254 NO-FEE ACCIDENT HITRUN 0 0 1 ACCIDENT NO INJ 6 2 246 AGENCY ASSIST 0 0 1 AIRCRAFT INCIDE 0 0 2 CITIZEN ASSIST 1 0 1 DUI 1 1 395 EMR AMB 152 20 133 EMR IFT 41 0 45 FIRE AIR HEAVY 1 0 0 FIRE AIR LIGHT 3 0 1 FIRE APPLIANCE 11 1 6 FIRE AUTO ALM 1 2 0 1 FIRE AUTO ALM 2 1 0 0 FIRE BRUSH GRAS 3 0 9 FIRE ELECTRICAL 7 3 9 FIRE EWR 6 3 3 FIRE HAZMAT 4 3 1 FIRE INVEST 1 0 0 FIRE OTHER 4 2 6 FIRE POWER PROB 1 0 0 FIRE SRVC CALL 6 1 13 FIRE STRUC COMM 10 5 8 FIRE STRUCTURE 104 57 121 FIRE VEHICLE 10 1 6 HOMICIDE 1 0 0 JUVENILE PROBM 0 1 1 MAL MISCHIEF 1 0 0 MISSING PERSON 0 0 1 OVERDOSE 1 0 2 SUSPICIOUS CIRC 1 1 0 TRAFFIC HAZARD 1 0 0 TRAFFIC OFFENSE 1 0 0 UNWANTED GUEST 1 0 0 Total 382 101 1012 Cowiche FEE BASED ACCIDENT INJURY 3 0 4 ACCIDENT UNKNOW 2 0 3 EMR ALARM MED 0 0 0 EMR MEDIC 24 2 0 EMR RED 10 3 19 EMR YELLOW 0 0 0 Total 39 5 26 NO-FEE EMR IFT 11 FIRE BRUSH GRAS 0 0 2 FIRE STRUCTURE 2 1 0 Total 13 1 2 Moxee FEE BASED ACCIDENT INJURY 8 10 12 ACCIDENT UNKNOW 10 3 4 EMR ALARM MED 4 2 5 EMR MEDIC 24 82 99 EMR RED 53 22 58 EMR YELLOW 5 2 8 Total 104 121 186 NO-FEE EMR AMB 0 0 0 EMR NURSE 0 0 1 EMR IFT 3 0 11 FIRE STRUCTURE 4 2 6 FIRE VEHICLE 1 0 0 Total 8 2 18 Naches FEE BASED ACCIDENT INJURY 32 5 24 ACCIDENT UNKNOW 22 3 19 EMR ALARM MED 9 4 4 EMR RED 73 8 68 EMR YELLOW 5 0 4 EMR MEDIC 140 25 126 Total 281 45 245 NO-FEE EMR IFT 10 0 19 EMR AMB 4 0 5 FIRE AUTO ALM 2 2 0 0 FIRE BRUSH GRAS 1 0 2 FIRE EWR 3 0 1 FIRE VEHICLE 0 0 1 FIRE STRUCTURE 5 0 0 Total 25 0 28 Selah FEE BASED ACCIDENT INJURY 18 23 29 ACCIDENT UNKNOWN 18 13 21 EMR ALARM MED 26 17 253 EMR MEDIC 288 184 9 EMR RED 141 75 6 EMR YELLOW 15 5 35 Total 506 317 353 NO-FEE FIRE AUTO ALM 2 0 1 3 FIRE BRUSH GRAS 1 0 4 FIRE ELECTRICAL 0 2 1 FIRE HAZMAT 0 0 2 FIRE OTHER 2 0 1 FIRE SRVC CALL 0 0 1 FIRE STRUC COMM 0 0 2 FIRE STRUCTURE 5 10 11 Total 8 13 25 Union Gap FEE BASED ACCIDENT INJURY 18 33 12 ACCIDENT UNKNOW 7 23 11 EMR ALARM MED 5 17 7 EMR MEDIC 114 228 111 EMR RED 85 203 80 EMR YELLOW 0 1 3 Total 229 505 224 NO-FEE ACCIDENT NO INJ 6 0 0 EMR IFT 22 0 23 FIRE STRUCTURE 3 2 6 Total 31 2 29 AMR 2015 224 111 101 1838 1769 12 4055 1 0 0 0 0 0 0 0 0 0 3 1 0 4 4 2 3 0 1 0 1 9 61 2 0 0 0 0 0 0 1 0 0 93 2 1 0 7 4 0 14 0 0 0 0 11 9 9 57 33 5 124 1 0 0 0 0 1 12 5 6 24 0 0 47 0 2 0 3 0 0 1 6 14 11 9 230 197 0 461 1 0 0 1 0 0 1 9 12 29 18 24 230 197 0 498 0 0 8 8