HomeMy WebLinkAboutCouncil 04/20/2009AGENDA
RENTON CITY COUNCIL
*Revised*
REGULAR MEETING
April 20, 2009
Monday, 7 p.m.
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PROCLAMATION:
a. Arbor Day/Earth Day - April 25, 2009
* b. Week of the Young Child - April 19 to 25, 2009
4. ADMINISTRATIVE REPORT
5. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is
allowed five minutes. The comment period will be limited to one-half hour. The second audience
comment period later on in the agenda is unlimited in duration.) When you are recognized by the
Presiding Officer, please walk to the podium and state your name and city of residence for the record,
SPELLING YOUR LAST NAME.
6. CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and the
recommended actions will be accepted in a single motion. Any item may be removed for further
discussion if requested by a Councilmember.
a. Approval of Council meeting minutes of 4/13/2009. Council concur.
b. Community and Economic Development Department submits King County Boundary Review
Board Closing Letter regarding the Mackay Annexation and recommends final approval of the
annexation. Council concur. (See 8. for ordinance.)
c. Fire and Emergency Services Department recommends approval of a contract to accept
$1,170,657 from King County for basic life support services for 2009. The City's share will be
$867,095, King County Fire District #25 $102,698, and King County Fire District #40 $200,864.
Council concur. (See 8. for resolution.)
7. UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topic may be held by
the Chair if further review is necessary.
a. Community Services Committee: Booher Appointment to Advisory Commission on Diversity
b. Finance Committee: Vouchers; Park & Ride Garage Agreement Amendment with King County
8. RESOLUTIONS AND ORDINANCES
Resolution:
King County subsidy contract for 2009 basic life support services (See 6.c.)
Ordinance for first reading:
Approving the Mackay Annexation (See 6.b.)
Ordinance for second and final reading:
2009 Budget amendment related to carrying forward 2008 funds (1 st reading 4/13/2009)
(CONTINUED ON REVERSE SIDE)
9. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded
information.)
10. AUDIENCE COMMENT
11. ADJOURNMENT
COMMITTEE OF THE WHOLE
AGENDA
(Preceding Council Meeting)
7TH FLOOR CONFERENCING CENTER
April 20, 2009
Monday, 5:00 p.m.
Emergency Management Planning - Tabletop Exercise
COUNCIL CHAMBERS
Approximately 5:45 p.m.
Communities Count - 2008 King County Indicators Briefing;
Potential Closure of Benson Rd. S.
Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk •
CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-
CABLECAST
TUES. & THURS. AT 11 AM & 9 PM, WED. & FRI. AT 9 AM & 7 PM AND SAT. & SUN. AT 1 PM & 9 PM
c
submitting Data:
Dept/Div/Board. .
Staff Contact......
Subject:
Mackay Annexation
CITY OF RENTON COUNCIL AGENDA BILL
AI #: 13 o
Community & Economic
Development
Angie Mathias x6576
Exhibits:
King County Boundary Review Board Closing Letter
Map
Draft Ordinance
Recommended Action:
Council concur
For Agenda of:
April 20, 2009
Agenda Status
Consent ..............
Public Hearing..
Correspondence..
Ordinance .............
Resolution........... .
Old Business........
New Business.......
Study Sessions......
Information........ .
Approvals:
Legal Dept.........
Finance Dept......
Other ...............
Fiscal Impact:
Expenditure Required... Transfer/Amendment.......
Amount Budgeted....... Revenue Generated.........
Total Project Budget N/A City Share Total Project..
91
X
X
SUMMARY OF ACTION:
On December 1, 2008, City Council held a public hearing in the matter of the proposed Mackay
Annexation. Following that public hearing Council accepted the 60 % petition and authorized the
Administration to forward a Notice of Intent to the King County Boundary Review Board (BRB).
On April 6, 2009, the BRB issued a Closing Letter for Completed Action indicating its approval of
the annexation. The next step in the annexation of this area is for Council to adopt the ordinance
annexing the Mackay area. City departments conducted a review of the annexation proposal and
indicated that the annexation represents a logical extension of their services and raised no concerns
about annexing the area.
ISTAFF RECOMMENDATION: I
Council adopt the ordinance annexing the Mackay area.
Agenda Bill - Ordinances
April 6, 2009
Washington State Boundary Review Board
For King County
Yesler Building, Room 240, 400 Yesler Way, Seattle, WA 98104
Phone: (206) 296-6800 • Fax: (206) 296-6803 • http.11www.kingcounty.gov/annexations
APR 0 7 2009
City of Renton
City of Renton Economic Development,
Angie Mathias, Associate Planner Neighborhoods & strategic Planning
Department of Community & Economic Development
1055 South Grady Way
Renton, WA 98057
RE: CLOSING LETTER FOR COMPLETED ACTION - File No. 2291 - City of Renton -
MacKay Annexation
Dear Ms. Mathias:
We are writing to advise you that the Boundary Review Board has now completed the required
Evaluation, as specified in RCW 36.93, for the above -referenced proposed action (filed with the
Board effective: February 17, 2009.
The Boundary Review Board also provided a 45-day public review period April 3, 2009, as
prescribed by RCW 36.93. The Board received no request for a public hearing of this proposed
action during the public review period.
The Boundary Review Board, therefore, hereby deems this proposed action approved effective:
April 3, 2009. Final approval of the proposed action is also subject to the following actions,
where applicable:
1. Sewer and Water District actions and some other actions are also subject to approval by the
Metropolitan King County Council. If the Council makes changes to the proposal, the Board
may then be required to hold a public hearing.
2. Filing with King County of franchise application(s), as required, accompanied by a copy of
this letter.
3. Filing with King County of permit application(s), as required, accompanied by a copy of this
.1 1 letter.
4. Fulfillment of all other statutory requirements and/or procedures specified in your Notice of
Intention.
Page two continued, April 6, 2009
Form 13
5. Notification in writing of your intended effective date of annexation. This notification should
be provided as early as possible. Please send this information to Gwen Clemens, Chinook
Building, King County Office of Strategic Planning & Performance Management (SPPM),
401 Fifth Avenue, Suite 810, Seattle, Washington 98104, and
6. Filing with King County Council of: (1) one certified copy of final resolution or ordinance
accomplishing this proposed action; and (2) a copy of this letter. This document should be
filed with the Clerk of the Council (Attn: Anne Noris), King County Courthouse, Room
1025, Seattle, Washington 98104
If you have questions or would like additional information, please contact our office at 206-296-
6800.
Sincerely,
Lenora Blauman
Executive Secretary
cc: Anne Noris, Clerk of the Council
Dave Wilson, Elections Division
Hazel Gantz, Department of Assessment
Lydia Reynolds -Jones, Manager, Project Support Services
King County "911" Program
Paul Reitenbach, Department of Development & Environmental Services
Gwen Clemens, Office of Strategic Planning & Performance Management (OSPPM)
Connie Wong, Facilities Management Division, Real Estate Section
Anne Lockmiller, Facilities Management Division, Real Estate Section
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�O& Economic Development Mackay Annexation
Z Alex Pietsch, Administrator p■�■�■
Adriana Johnson, Planning Technician 1 Mackay Annexation Boundary
April 7, 2009 "
1 City Limits
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CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON
ANNEXING CERTAIN TERRITORY OF THE CITY OF RENTON
(MACKAY ANNEXATION; FILE NO. A-08-003)
WHEREAS, under the provisions of RCW 35A.14:120, as amended, a petition in
writing requesting that certain territory contiguous to the City -:of Renton, as described
below, be annexed to the City of Renton, was presented and filed witlithe City Clerk on
or about October 3, 2008.
WHEREAS, prior to the filing and circulation of said petition for annexation to
the City of Renton, the petitioning owners notified the City Council of their intention to
commence such proceedings as provided bylaw, as more particularly specified in RCW
35A.14.120 and upon public hearing thereon, it having been determined and the
petitioning owners having agreed to accept that portion of the City's Comprehensive Plan
as it pertains to the territory including the applicable Zoning Code relating thereto; and
WHEREAS, as part of the May Valley prezoning the area was considered as file
number LUA 98-009 and the City Council held public hearings regarding the prezoning
of the area on June 10, 1996 and September 16, 1996; and
WHEREAS, pre -zoning was determined to be Residential One Dwelling Unit Per
Acre (R-1) for the entire area included in the annexation boundary and adopted by
Ordinance number 4667.
ORDINANCE NO.
WHEREAS, the King County Department of Assessments has examined and
verified the signatures on the petition for annexation on, or about, October 21, 2008 and
determined that the signatures represent a majority of the annexation area's assessed
value (excluding streets), as provided by law; and
WHEREAS, the Department of Community an'd,'Economic Development of the
City of Renton having considered and recommended the annexing of said property to the.
City of Renton; and
WHEREAS, the City Council fixed December 1, 2008 as the time ,and place for a
public hearing regarding the proposed annexation to be held in the City Council
Chambers, City Hall, Renton, Washington, upon the petition and notice thereof having
been given as provided by law; and
WHEREAS, pursuant to .said notices public hearings have been held at the time
and place specified in the notices, and the Council having considered all matters in
connection with the petition and further determined that all legal requirements and
procedures of the law applicable to the petition method for annexation have been met;
and
WHEREAS; the King County Boundary Review Board having deemed the
"Notice of Intention" approved as of April 6, 2009; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
2
ORDINANCE NO.
SECTION I. The findings, recitals, and determinations are hereby found
to be true and correct in all respects. All requirements of the law in regard to the
annexation by petition method, including the provisions of RCW 35A.14.120, 130, 140,
and 150 have been met. It is further determined that the -petition for annexation to the
City of Renton of the property and territory described below is hereby approved and
granted; the following described property being contiguous to the City limits of the City
of Renton is hereby annexed to the City of Renton, and such annexation to be effective
on and after the approval, passage, and publication of this Ordinance; and on and after
said date the property shall constitute a part of the City of Renton and shall be subject to
all its laws and ordinances then and thereafter in force and effect; the property being
described as follows:
See Exhibits "A" attached hereto and made a part hereof as if fully set
forth herein
[Said property, approximately 7 4-acres, is Ienerally located west of 148tn
Avenue , Southeast, south of Northeast 26 St, east of Lyons Avenue
Northeast, and north of Southeast 162"d
and the owners of the property within the annexation shall be subject to the City's
Comprehensive Plan and Zoning Code.
SECTION H. This Ordinance shall be effective upon its passage,
approval, and thirty days after its publication.
A certified copy of this Ordinance shall be filed with the King County Council,
State of Washington, and as otherwise provided by law.
9
S
ORDINANCE NO.
PASSED BY THE CITY COUNCIL this day of , 2009.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of , 2009.
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD.+:+:ma.
m
Denis Law, Mayor
Exhibit A
MACKAY ANNEXATION
LEGAL DESCRIPTION
Those portions of Sections 2 & 3 of Township 23 North and Sections 34 & 35 of Township 24
North, both in Range 5 East, W. M., in King County, Washington, described as follows:
Those portions of said Section 3 lying easterly of Stonegate, as recorded in Volume 177 of Plats,
pages 62-68, records of King County, westerly of the westerly right of way margin of 148a`
Avenue SE and northerly of May Valley Co-op Community, as recorded in Volume 66 of Plats,
page 93, records of said county;
TOGETHER with all that portion of SE 102"d Street as dedicated by said plat, lying northerly of
the southerly right of way line thereof;
AND TOGETHER with that portion of the 148 h Avenue SE right of way, being 60 feet in width,
having 30 feet on each side of the section lines common to said Sections 2 & 3 and said Sections
34 & 35, lying between the easterly extension of said southerly margin of SE 102"d Street and the
northerly right of way margin of SE May Valley Road.
1 of 1 09/26/2008 6:45 AM
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Alex Pietsch, Administrator Legend
Adria na Johnson, Planning Technician Mackay Annexation
Vicinity Map
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ncluding but not limited to accuracy, fitness or File Name.\EDNSP\GIS_projects\annexationsl 1:3,600
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CITY OF RENTON COUNCIL AGENDA BILL
i
Al #: 0
Submitting Data: Fire & Emergency Services Dept.
For Agenda of-
Dept/Div/Board.. Safety & Support Services
Aril 20, 2009
Agenda Status
Staff Contact...... Robert Van Horne x7022
Consent............ X
Public Hearing..
Subject:
King County Basic Life Support (BLS) Contract
Correspondence..
January 1 — December 31, 2009
Ordinance .............
Resolution.......... X
Old Business........
New Business.......
Exhibits:
King County Contract #D39144D
Study Sessions......
Resolution
Information.........
2009 BLS Funding Allocation
Recommended Action:
Council Concur
Approvals:
Legal Dept........ X
Finance Dept......
Other .... HR&RM X
Fiscal Impact:
Expenditure Required... Transfer/Amendment.......
Amount Budgeted....... $850,990.00 (Revenue) Revenue Generated......... $867,095.00
Total Project Budget City Share Total Project..
SUMMARY OF ACTION:
The attached King County Basic Life Support (BLS) Contract for Services from Seattle -King
County Department of Public Health EMS provides a subsidy for the combined City of Renton,
Fire District #25 and Fire District #40 EMS services. This one-year contract is effective from
January 1, 2009 to December 31, 2009.
The combined annual amount of $1,170,657.00 (City of Renton - $867,095.00; KCFD 25 -
$102,698.00; KCFD 40 - $200,864.00) is based on the 2009 BLS funding formula (calculations
include unincorporated ratios, assessed valuation (AV) amounts, and call volume amounts). The
City will be paid the total amount and the two District contracts will be reduced by their portion
in 2009. This distribution of funding is the annual entitlement of the 2008-2013 King County
Levy funded from Real Property Taxes.
STAFF RECOMMENDATION:
Approve the Resolution authorizing the Mayor and City Clerk to execute the King County Basic
Life Support Services Contract.
Rentonnet/agnbill/ bh
Public Health
Seattle & King County
King County Contract No. D39144D
Federal Taxpayer ID No.
This form is available in alternate formats for people with disabilities upon request.
KING COUNTY CONTRACT FOR Basic Life Support Services
Department
Seattle -King County Dept. of Public Health (a.k.a.
Division
Public Health — Seattle & King County)/Emergency
Medical Services
Contractor
Ci of Renton Fire & Emergency Services Dept
Project Title
Basic Life Support Services
Contract Period
Start date: January 1, 2009 End date:
December 31, 2013
THIS CONTRACT is entered into by KING COUNTY (the "County"), and City of Renton Fire &
Emergency Services Dept (the "Contractor"), whose address is 1055 South Grady Way, 6th Fl, Renton,
WA 98057.
WHEREAS, the County has been advised that the following are the current funding sources, funding
levels and effective dates:
FUNDING SOURCE
FUNDING LEVELS
EFFECTIVE DATES
REAL PROPERTY TAXES-
CURRENT
$1,170,657.00
1/1/2009 to 12/31 /2009
To be determined
1/1/2010 to 12/31/2010
To be determined
1/1/2011 to 12/31/2011
To be determined
1/1/2012 to 12/31/2012
To be determined
1/1/2013 to 12/31/2013
and
WHEREAS, the County desires to have certain services performed by the Contractor as described in this
Contract, and as authorized by the Annual Budgets of the Contract Period.
NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned,
to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows:
Incorporation of Exhibits
The Contractor shall provide services and comply with the requirements set forth in the following
attached exhibits, which are incorporated herein by reference:
• Exhibit A: Scope of Work
• Exhibit B: Budget
• Exhibit C: Invoice
• Exhibit D: Mission, Method, and Expectations
• Exhibit E: Certificate of Insurance and Additional Insured Endorsement
Term and Termination
A. This Contract shall commence on January 1, 2009, and shall terminate on December 31, 2013,
unless extended or terminated earlier, pursuant to the terms and conditions of the Contract.
SKCDPH-Agency BP:1 of 13
B. This Contract may be terminated by the either parry without cause, in whole or in part, prior to the
date specified in Subsection II.A. above, by providing the other party thirty (30) days advance _
written notice of the termination.
C. The County may terminate this Contract, in whole or in part, upon seven (7) days advance written
notice in the event: (1) the Contractor materially breaches any duty, obligation, or service required
pursuant to this Contract, or (2) the duties, obligations, or services required herein become
impossible, illegal, or not feasible.
If the Contract is terminated by the County pursuant to this Subsection II.C. (1), the Contractor
shall be liable for damages, including any additional costs of procurement of similar services from
another source.
If the termination results from acts or omissions of the Contractor, including but not limited to
misappropriation, nonperformance of required services, or fiscal mismanagement, the Contractor
shall return to the County immediately any funds, misappropriated or unexpended, which'have
been paid to the Contractor by the County.
D. If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to
the termination date set forth above in Subsection II.A., the County may, upon written notification
to the Contractor, terminate this Contract in whole or in part.
If the Contract is terminated as provided in this Subsection: (1) the County will be liable only for
payment in accordance with the terms of this Contract for services rendered prior to the effective
date of termination; and (2) the Contractor shall be released from any obligation to provide such
further services pursuant to the Contract as are affected by the termination.
Funding or obligation under this Contract beyond the current appropriation year is conditional upon
appropriation by the County Council of sufficient funds to support the activities described in the
Contract. Should such appropriation not be approved, this Contract will terminate at the close of
the current appropriation year.
E. The Contractor may terminate this Contract upon seven (7) days written notice, should the County
commit any material breach of this Contract.
F. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law
that either party may have in the event that the obligations, terms, and conditions set forth in this
Contract are breached by the other party.
III. Compensation and Method of Payment
A. The County shall reimburse the Contractor for satisfactory completion of the services and
requirements specified in this Contract, payable in the following manner:
Upon receipt and approval of a signed invoice as set forth in Exhibit C that complies with the
budget in Exhibit B. The Contractor may bill up to the full amount of the annual amendment at any
time during the specified amendment year if it can certify and document that its total expenditures
have equaled or exceeded the full amount of the amendment.
B. The Contractor shall submit an invoice and all accompanying reports as specified in the attached
exhibits not more than 60 working days after the close of each indicated reporting period. The
County will initiate authorization for payment after approval of corrected invoices and reports. The
County shall make payment to the Contractor not more than 45 days after a complete and
accurate invoice is received.
C. The Contractor shall submit its final invoice and all outstanding reports within 90 days of the date
this Contract terminates. If the Contractor's final invoice and reports are not submitted by the day
specified in this subsection, the County will be relieved of all liability for payment to the Contractor
of the amounts set forth in said invoice or any subsequent invoice.
D. When a budget is attached hereto as an exhibit, the Contractor shall apply the funds received from
the County under this Contract in accordance with said budget. The contract may contain
SKCDPH-Agency BP:2 of 13
separate budgets for separate program components. The Contractor shall request prior approval
from the County for an amendment to this Contract when the cumulative amount of transfers
among the budget categories is expected to exceed 10% of the Contract amount in any Contract
budget. Supporting documents necessary to explain fully the nature and purpose of the
amendment must accompany each request for an amendment.
E. If travel costs are contained in the attached budget, reimbursement of Contractor travel, lodging,
and meal expenses are limited to the eligible costs based on the following rates and criteria.
1. The mileage rate allowed by King County shall not exceed the current Internal Revenue
Service (IRS) rates per mile as allowed for business related travel. The IRS mileage rate
shall be paid for the operation, maintenance and depreciation of individually owned vehicles
for that time which the vehicle is used during work hours. Parking shall be the actual cost.
When rental vehicles are authorized, government rates shall be requested. If the Contractor
does not request government rates, the Contractor shall be personally responsible for the
difference. Please reference the federal web site for current rates: http://www.gsa.gov.
2. Reimbursement for meals shall be limited to the per diem rates established by federal travel
requisitions for the host city in the Code of Federal Regulations, 41 CFR § 301, App.A.
3. Accommodation rates shall not exceed the federal lodging limit plus host city taxes. The
Contractor shall always request government rates.
4. Air travel shall be by coach class at the lowest possible price available at the time the
County requests a particular trip. In general, a trip is associated with a particular work activity
of limited duration and only one round-trip ticket, per person, shall be billed per trip.
IV. Internal Control and Accounting System
The Contractor shall establish and maintain a system of accounting and internal controls which
complies with applicable, generally accepted accounting principles, and governmental accounting
and financial reporting standards.
V. Debarment and Suspension Certification
Agencies receiving federal funds that are debarred, suspended, or proposed for debarment are
excluded from contracting with the County. The Contractor, by signature to this Contract, certifies
that the Contractor is not presently debarred, suspended, or proposed for debarment by any
Federal department or agency. The Contractor also agrees that it will not enter into a subcontract
with a contractor that is debarred, suspended, or proposed for debarment. The Contractor agrees
to notify King County in the event it, or a subcontractor, is debarred, suspended, or proposed for
debarment by any Federal department or agency. For more information on suspension and
debarment, see Federal Acquisition Regulation 9.4.
VI. Maintenance of Records/Evaluations and Inspections
A. The Contractor shall maintain accounts and records, including personnel, property, financial, and
programmatic records and other such records as may be deemed necessary by the County to
ensure proper accounting for all Contract funds and compliance with this Contract.
B. In accordance with the nondiscrimination and equal employment opportunity requirements set forth
in Section XIV. below, the Contractor shall maintain the following:
1. Records of employment, employment advertisements, application forms, and other pertinent
data, records and information related to employment, applications for employment or the
administration or delivery of services or any other benefits under this Contract; and
2. Records, including written quotes, bids, estimates or proposals submitted to the Contractor
by all businesses seeking to participate on this Contract, and any other information
necessary to document the actual use of and payments to subcontractors and suppliers in
this Contract, including employment records.
SKCDPH-Agency BP:3 of 13
The County may visit, at any mutually agreeable time, the site of the work and the Contractor's
office to review the foregoing records. The Contractor shall provide every assistance requested by
the County during such visits. In all other respects, the Contractor shall make the foregoing
records available to the County for inspection and copying upon request. If this Contract involves
federal funds, the Contractor shall comply with all record keeping requirements set forth in any
federal rules, regulations or statutes included or referenced in the contract documents.
C. Except as provided in Section VII of this Contract, the records listed in A and B above shall be
maintained for a period of six (6) years after termination hereof unless permission to destroy them
is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW)
Chapter 40.14.
D. Medical records shall be maintained and preserved by the Contractor in accordance with state and
federal medical records statutes, including but not limited to RCW 70.41.190, 70.02.160, and
standard medical records practice. If the Contractor ceases operations under this Contract, the
Contractor shall be responsible for the disposition and maintenance of such medical records.
E. The Contractor shall provide right of access to its facilities —including those of any subcontractor
assigned any portion of this Contract pursuant to Section XIII—to the County, the state, and/or
federal agencies or officials at all reasonable times in order to monitor and evaluate the services
provided under this Contract. The County will give advance notice to the Contractor in the case of
fiscal audits to be conducted by the County.
F. The records and documents with respect to all matters covered by this Contract shall be subject at
all time to inspection, review, or audit by the County and/or federal/state officials so authorized by
law during the performance of this Contract and six (6) years after termination hereof, unless a
longer retention period is required by law.
G. The Contractor agrees to cooperate with the County or its agent in the evaluation of the
Contractor's performance under this Contract and to make available all information reasonably
required by any such evaluation process. The results and records of said evaluations shall be
maintained and disclosed in accordance with RCW Chapter 42.56.
H. The Contractor agrees that all information, records, and data collected in connection with this
Contract shall be protected from unauthorized disclosure in accordance with applicable state and
federal law.
VII. Compliance with the Health Insurance Portability Accountability Act of 1996 (HIPAA)
Terms used in this section shall have the same meaning as those terms in the Privacy Rule, 45
CFR Parts 160 and 164.
A. Obligations and Activities of the Contractor
1. The Contractor agrees not to use or disclose protected health information other than as
permitted or required by law.
2. Implement administrative, physical, and technical safeguards that reasonably and
appropriately protect the confidentiality, integrity, and availability of the protected health
information that it creates, receives, maintains, or transmits on behalf of the covered entity
as required by CFR Title 45, Section 164, Subpart C.
3. The Contractor agrees to mitigate, to the extent practicable, any harmful effect that is known
to the Contractor of a use or disclosure of protected health information by the Contractor in
violation of the requirements of this Contract.
4. The Contractor agrees to report to King County Public Health Compliance Office any use or
disclosure of protected health information not allowed under this Contract, or security
incident, within two (2) days of the Contractor's knowledge of such event.
5. The Contractor agrees to ensure that any agent, including a subcontractor, to whom it
provides protected health information received from, or created or received by the Contractor
SKCDPH-Agency BPA of 13
on behalf of King County, agrees to the same restrictions and conditions that apply through
this Contract to the Contractor with respect to such information.
6. The Contractor agrees to make available protected health information in accordance with 45
CFR § 164.524.
7. The Contractor agrees to make available protected health information for amendment and
incorporate any amendments to protected health information in accordance with 45 CFR §
164.526.
8. The Contractor agrees to make internal practices, books, and records, including policies and
procedures and protected health information, relating to the use and disclosure of protected
health information received from, or created or received by the Contractor on behalf of King
County, available to the Secretary, in a reasonable time and manner for purposes of the
Secretary determining King County's compliance with the privacy rule.
9. The Contractor agrees to make available the information required to provide an accounting
of disclosures in accordance with 45 CFR § 164.528.
B. Permitted Uses and Disclosures by Business Associate
The Contractor may use or disclose protected health information to perform functions, activities, or
services for, or on behalf of, King County as specified in this Contract, provided that such use or
disclosure would not violate the Privacy Rule if done by King County or the minimum necessary
policies and procedures of King County.
C. Effect of Termination
1. Except as provided in paragraph C.2. of this section, upon termination of this Contract, for
any reason, the Contractor shall return or destroy all protected health information received
from King County, or created or received by the Contractor on behalf of King County. This
provision shall apply to protected health information that is in the possession of
subcontractors or agents of the Contractor. The Contractor shall retain no copies of the
protected health information.
2. In the event the Contractor determines that returning or destroying the protected health
information is infeasible, the Contractor shall provide to King County notification of the
conditions that make return or destruction infeasible. Upon notification that return or
destruction of protected health information is infeasible, the Contractor shall extend the
protections of the Contract to such protected health information and limit further uses and
disclosure of such protected health information to those purposes that make the return or
destruction infeasible, for so long as the Contractor maintains such protected health
information.
VIII. Audits
A. If the Contractor or subcontractor is a municipal entity or other government institution or
jurisdiction, or is a non-profit organization as defined in OMB Circular A-133, and expends a total
of $500,000 or more in federal financial assistance and has received federal financial assistance
from the County during its fiscal year, then the Contractor or subcontractor shall meet the
respective A-133 requirements described in subsections VIII.B. and VIII.C.
B. If the Contractor is a non-profit organization, it shall have an independent audit conducted of its
financial statement and condition, which shall comply with the requirements of GAAS (generally
accepted auditing standards); GAO's Standards for Audits of Governmental Organizations,
Programs, Activities, and Functions; and OMB Circular A-133, as amended, and as applicable.
The Contractor shall provide a copy of the audit report to each County division providing financial
assistance to the Contractor no later than six (6) months subsequent to the end of the Contractor's
fiscal year. The Contractor shall provide to the County its response and corrective action plan for
all findings and reportable conditions contained in its audit. When reference is made in its audit to
a "Management Letter" or other correspondence made by the auditor, the Contractor shall provide
SKCDPH-Agency BP:5 of 13
copies of those communications and the Contractor's response and corrective action plan.
Submittal of these documents shall constitute compliance with subsection VIII.A. _
C. If the Contractor is a municipal entity or other government institution or jurisdiction, it shall submit
to the County a copy of its annual report of examination/audit, conducted by the Washington State
Auditor, within thirty (30) days of receipt, which submittal shall constitute compliance with
subsection VIII.A.
D. If the Contractor, for -profit or non-profit, receives in excess of $100,000 in funds during its fiscal
year from the County, it shall provide a fiscal year financial statement prepared by an independent
Certified Public Accountant or Accounting Firm within six (6) months subsequent to the close of the
Contractor's fiscal year.
E. Additional audit or review requirements which may be imposed on the County will be passed on to
the Contractor and the Contractor will be required to comply with any such requirements.
IX. Corrective Action
If the County determines that a breach of contract has occurred, that is, the Contractor has failed
to comply with any terms or conditions of this Contract or the Contractor has failed to provide in
any manner the work or services agreed to herein, and if the County deems said breach to warrant
corrective action, the following sequential procedure will apply:
A. The County will notify the Contractor in writing of the nature of the breach;
The Contractor shall respond in writing within three (3) working days of its receipt of such
notification, which response shall indicate the steps being taken to correct the specified
deficiencies. The corrective action plan shall specify the proposed completion date for bringing the
Contract into compliance, which date shall not be more than ten (10) days from the date of the
Contractor's response, unless the County, at its sole discretion, specifies in writing an extension in
the number of days to complete the corrective actions;
B. The County will notify the Contractor in writing of the County's determination as to the sufficiency
of the Contractor's corrective action plan. The determination of sufficiency of the Contractor's
corrective action plan shall be at the sole discretion of the County;
C. In the event that the Contractor does not respond within the appropriate time with a corrective
action plan, or the Contractor's corrective action plan is determined by the County to be
insufficient, the County may commence termination of this Contract in whole or in part pursuant to
Section II.C.;
D. In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor
from incurring additional obligations of funds until the County is satisfied that corrective action has
been taken or completed; and
E. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to
Section ll. Subsections B, C, D, and E.
X. Dispute Resolution
A. The parties shall use their best, good -faith efforts to cooperatively resolve disputes and problems
that arise in connection with this Contract. Both parties will make a good faith effort to continue
without delay to carry out their respective responsibilities under this Contract while attempting to
resolve the dispute under this section.
B. If a dispute arises between the parties that cannot be resolved by direct negotiation, the dispute
shall be submitted to a dispute board for a non -binding determination. Each party shall timely
appoint one member to the dispute board. Those members shall jointly appoint an additional
member. Any costs of the dispute board shall be split evenly between the two parties. The dispute
board shall timely review the facts, Contract terms and applicable law and rules, and make its
determination. Provided that each party and the dispute board act in a timely manner, the parties
SKCDPH-Agency BP:6 of 13
agree not to seek legal or equitable relief in the courts until the dispute board renders its
determination. Thereafter, either party may seek legal or equitable relief in the courts.
XI. Hold Harmless and Indemnification
A. In providing services under this Contract, the Contractor is an independent Contractor, and neither
it nor its officers, agents, employees, or subcontractors are employees of the County for any
purpose. The Contractor shall be responsible for all federal and/or state tax, industrial insurance,
and Social Security liability that may result from the performance of and compensation for these
services and shall make no claim of career service or civil service rights which may accrue to a
County employee under state or local law.
The County assumes no responsibility for the payment of any compensation, wages, benefits, or
taxes by, or on behalf of the Contractor, its employees, subcontractors and/or others by reason of
this Contract. The Contractor shall protect, indemnify, and save harmless the County, its officers,
agents, and employees from and against any and all claims, costs, and/or losses whatsoever
occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages,
benefits, or taxes, and/or (2) the supplying to the Contractor of work, services, materials, or
supplies by Contractor employees or other suppliers in connection with or support of the
performance of this Contract.
B. The Contractor further agrees that it is financially responsible for and will repay the County all
indicated amounts following an audit exception which occurs due to the negligence, intentional act,
and/or failure, for any reason, to comply with the terms of this Contract by the Contractor, its
officers, employees, agents, or subcontractors. This duty to repay the County shall not be
diminished or extinguished by the prior termination of the Contract pursuant to the Duration of
Contract or the Termination section.
C. The Contractor shall defend, indemnify, and hold harmless the County, its officers, employees, and
agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in
any way resulting from, the negligent acts or omissions of the Contractor, its officers, employees,
subcontractors and/or agents in its performance or non-performance of its obligations under this
Contract In the event the County incurs any judgment, award, and/or cost arising therefrom
including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs
shall be recoverable from the Contractor.
D. The County shall defend, indemnify, and hold harmless the Contractor, its officers, employees, and
agents from any and all costs, claims, judgments, and/or awards of damages, arise out of, or in
any way result from, the negligent acts or omissions of the County, its officers, employees, or
agents in its performance or non-performance of its obligations under this Contract. In the event
the Contractor incurs any judgment, award, and/or cost arising therefrom. including attorneys' fees
to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable
from the County.
E. Nothing contained within this provision shall affect and/or alter the application of any other
provision contained within this Contract.
F. The indemnification, protection, defense and save harmless obligations contained herein shall
survive the expiration, abandonment or termination of this Agreement.
XII. Insurance Requirements
A. By the date of execution of this Contract, the Contractor shall procure and maintain for the duration
of this Contract, insurance against claims for injuries to persons or damages to property which may
arise from, or in connection with, the performance of work hereunder by the Contractor, its agents,
representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by
the Contractor or subcontractor. The Contractor may furnish separate certificates of insurance and
policy endorsements for each subcontractor as evidence of compliance with the insurance
requirements of this Contract. The Contractor is responsible for ensuring compliance with all of
the insurance requirements stated herein. Failure by the Contractor, its agents, employees,
SKCDPH-Agency BP:7 of 13
officers, subcontractors, providers, and/or provider subcontractors to comply with the insurance
requirements stated herein shall constitute a material breach of this Contract. —
B. Minimum Scope and Limits of Insurance
By requiring such minimum insurance, the County shall not be deemed or construed to have
assessed the risks that may be applicable to the Contractor under this Contract. The Contractor
shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits
and/or broader coverage.
Coverage shall be at least as broad as:
1. Commercial General Liability:
Insurance Services Office form number (CG 00 01 current edition or its equivalent) covering
COMMERCIAL GENERAL LIABILITY.
Minimum Limit: $1,000,000 combined single limit per occurrence by bodily injury,
personal injury, and property damage, and for those policies with aggregate limits, a
2 000 000 aggregate limit.
2. Professional Liability:
Professional Liability, Errors, and Omissions coverage. In the event that services delivered
pursuant to this Contract either directly or indirectly involve or require professional services,
Professional Liability, Errors, and Omissions coverage shall be provided.
Minimum Limit: $1,000,000 per claim and in the aggregate.
3. Automobile Liability:
In the event that services delivered pursuant to this Contract require the use of a vehicle or
involve the transportation of clients by Contractor personnel in Contractor -owned vehicles or
non -owned vehicles, the Contractor shall provide evidence of the appropriate automobile
coverage.
Insurance Services Office form number (CA 00 01 current edition or its equivalent) covering
BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the appropriate coverage provided
by symbols 2, 7, 8, or 9.
Minimum Limit: $1,000,000 combined single limit per accident for bodily injury and
property damage.
4. Workers' Compensation:
Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of
Washington, as well as any similar coverage required for this work by applicable federal or
"Other States" state law.
Minimum Limit: Statutory requirements of the state of residency.
5. Stop Gap/Employers Liability:
Coverage shall be at least as broad as the protection provided by the Workers'
Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds,
the protection provided by the "Stop Gap" endorsement to the general liability policy.
Minimum Limit: $1,000,000
C. Deductibles and Self -Insured Retentions
Any deductibles or self -insured retentions must be declared to, and approved by, the County. The
deductible and/or self -insured retention of the policies shall not apply to the Contractor's liability to
the County and shall be the sole responsibility of the Contractor.
D. Other Insurance Provisions
SKCDPH-Agency BP:8 of 13
The insurance policies required in this Contract are to contain, or be endorsed to contain, the
following provisions:
1. Liability Policies (Except Workers Compensation and Professional/Errors and Omissions
a. The County, its officers, officials, employees, and agents are to be covered as
additional insureds as respects liability arising out of activities performed by or on
behalf of the Contractor in connection with this Contract. (CG 2010 11/85 or its
equivalent)
b. The Contractor's insurance coverage shall be primary insurance as respects the
County, its officers, officials, employees, and agents. Any insurance and/or self-
insurance maintained by the County, its offices, officials, employees, or agents shall
not contribute with the Contractor's insurance or benefit the Contractor in any way.
C. The Contractor's insurance shall apply separately to each insured against whom claim
is made and/or lawsuit is brought, except with respect to the limits of the insurer's
liability.
2. All Policies
a. Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits,
except by the reduction of the applicable aggregate limit by claims paid, until after
forty-five (45) days prior written notice has been given to the County.
b. Each insurance policy shall be written on an "occurrence" form; except that insurance
on a "claims made" form may be acceptable with prior County approval.
If coverage is approved and purchased on a "claims made" basis, the Contractor
warrants continuation of coverage, either through policy renewals or the purchase of
an extended discovery period, if such extended coverage is available, for not less than
three (3) years from the date of Contract termination, and/or conversion from a "claims
made" form to an "occurrence" coverage form.
E. Acceptability of Insurers
Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests'
rating of no less than A: VIII, or, if not rated with Bests, with minimum surpluses the equivalent of
Bests' surplus size VIII.
Professional Liability, Errors, and Omissions insurance may be placed with insurers with a Bests'
rating of B+VII. Any exception must be approved by King County.
If, at any time, the foregoing policies shall fail to meet the above minimum requirements the
Contractor shall, upon notice to that effect from the County, promptly obtain a new policy, and shall
submit the same to the County, with appropriate certificates and endorsements, for approval.
F. Verification of Coverage
The Contractor shall furnish the County certificates of insurance and endorsements required by
this Contract. Such certificates and endorsements, and renewals thereof, shall be attached as
exhibits to the Contract. The certificates and endorsements for each insurance policy are to be
signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and
endorsements for each insurance policy are to be on forms approved by the County prior to the
commencement of activities associated with the Contract. The County reserves the right to require
complete, certified copies of all required insurance policies at any time.
G. Municipal or State Contractor Provisions
If the Contractor is a Municipal Corporation or a Contractor of the State of Washington and is self -
insured for any of the above insurance requirements, a certification of self-insurance shall be
attached hereto and be incorporated by reference and shall constitute compliance with this
Section.
SKCDPH-Agency BP:9 of 13
H. Insurance for Subcontractors
If the Contractor subcontracts any portion of this Contract pursuant to Section XIII, the Contractor
shall include all subcontractors as insureds under its policies or shall require separate certificates
of insurance and policy endorsements from each subcontractor. Insurance coverages provided by
subcontractors as evidence of compliance with the insurance requirements of this Contract shall
be subject to all of the requirements stated herein.
All Coverages and Requirements
Nothing contained within these insurance requirements shall be deemed to limit the scope,
application and/or limits of the coverage afforded by said policies, which coverage will apply to
each insured to the full extent provided by the terms and conditions of the policy(s). Nothing
contained within this provision shall affect and/or alter the application of any other provision
contained within this Contract.
XIII. AssignmenVSubcontractinq
A. The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign
any claim arising pursuant to this Contract without the written consent of the County. Said consent
must be sought in writing by the Contractor not less than fifteen (15) days prior to the date of any
proposed assignment.
B. "Subcontract" shall mean any agreement between the Contractor and a subcontractor or between
subcontractors that is based on this Contract, provided that the term "subcontract" does not
include the purchase of (1) support services not related to the subject matter of this Contract, or (2)
supplies.
C. The Contractor shall include Sections III.D, IV, V, VI, VII, VIII, XI, XII, XIV, XV, and XXI, in every
subcontract or purchase agreement for services that relate to the subject matter of this Contract.
D. The Contractor agrees to include the following language verbatim in every subcontract, provider
agreement, or purchase agreement for services which relate to the subject matter of this Contract:
"Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers,
employees and agents from any and all costs, claims, judgments, and/or awards of damages
arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its
officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor
expressly agrees and understands that King County is a third party beneficiary to this Contract and
shall have the right to bring an action against subcontractor to enforce the provisions of this
paragraph."
XIV. Nondiscrimination
The Contractor shall comply with all applicable federal, state and local laws regarding discrimination.
XV. Nondiscrimination in Subcontracting Practices
A. In accordance with the provisions of Washington Initiative 200, no County Minority and Women
Business (M/WBE) utilization requirements shall apply to this Contract. No minimum level of
M/WBE subcontractor participation or purchase from M/WBE certified vendors is required and no
preference will be given by the County to a bidder or proposer for their M/WBE utilization or
M/WBE status. The completion of County M/WBE forms which may be included in the Contract
documents is not required. Provided, however, that any affirmative action requirements set forth in
any federal regulations or statutes included or referenced in the Contract documents will continue
to apply.
B. During the term of this Contract, the Contractor shall not create barriers to open and fair
opportunities for M/WBEs to participate in all County contracts and to obtain or compete for
contracts and subcontracts as sources of supplies, equipment, construction and services. In
considering offers from and doing business with subcontractors and suppliers, the Contractor shall
not discriminate against any person on the basis of race, color, creed, religion, sex, age,
SKCDPH-Agency BP:10 of 13
nationality, marital status, sexual orientation or the presence of any disability in an otherwise
qualified disabled person.
C. The Contractor shall maintain, until at least 12 months after completion of all work under this
Contract, records and information necessary to document its level of utilization of MNVBEs and
other businesses as subcontractors and suppliers in this Contract and in its overall public and
private business activities. The Contractor shall also maintain, until 12 months after completion of
all work under this Contract, all written quotes, bids, estimates or proposals submitted to the
Contractor by all businesses seeking to participate in this Contract. The Contractor shall make
such documents available to the County for inspection and copying upon request. If this Contract
involves federal funds, Contractor shall comply with all record keeping requirements set forth in
any federal rules, regulations or statutes included or referenced in the Contract documents.
D. King County encourages the Contractor to utilize small businesses, including Minority -owned and
Women -owned Business Enterprises ("MNVBEs") in County contracts. The Washington State
Office of Minority and Women's Business Enterprises (OMWBE) can provide a list of certified
M/WBEs. Contact OMWBE office at (360) 753-9693 or on-line through the web site at
www.wsdot.wa.gov/omwbe/.
E. Any violation of the mandatory requirements of the provisions of this Section shall be a material
breach of Contract for which the Contractor may be subject to damages and sanctions provided for
by Contract and by applicable law.
XVI. Conflict of Interest
A. The Contractor agrees to comply with the provisions of KCC Chapter 3.04. Failure to comply with
any requirement of KCC Chapter 3.04 shall be a material breach of this Contract, and may result in
termination of this Contract pursuant to Section II and subject the Contractor to the remedies
stated therein, or otherwise available to the County at law or in equity.
B. The Contractor agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure
preferential treatment in its dealings with the County by offering any valuable consideration, thing
of value or gift, whether in the form of services, loan, thing or promise, in any form to any county
official or employee. The Contractor acknowledges that if it is found to have violated the
prohibition found in this paragraph, its current contracts with the county will be cancelled and it
shall not be able to bid on any county contract for a period of two years.
C. The Contractor acknowledges that for one year after leaving County employment, a former county
employee may not have a financial or beneficial interest in a contract or grant that was planned,
authorized, or funded by a county action in which the former county employee participated during
county employment. Contractor shall identify at the time of offer current or former County
employees involved in the preparation of proposals or the anticipated performance of Work if
awarded the Contract. Failure to identify current or former County employees involved in this
transaction may result in the County's denying or terminating this Contract. After Contract award,
the Contractor is responsible for notifying the County's Project Manager of current or former
County employees who may become involved in the Contract any time during the term of the
Contract.
XVII. Equipment Purchase, Maintenance, and Ownership
A. The Contractor agrees that any equipment purchased, in whole or in part, with Contract funds at a
cost of $5,000 per item or more, when the purchase of such equipment is reimbursable as a
Contract budget item, is upon its purchase or receipt the property of the County and/or
federal/state government.
B. The Contractor shall be responsible for all such property, including the proper care and
maintenance of the equipment.
C. The Contractor shall ensure that all such equipment will be returned to the County or federal/state
government upon termination of this Contract unless otherwise agreed upon by the parties.
SKCDPH-Agency BP:11 of 13
D. The County will provide property tags so Contractor can mark property. The Contractor shall admit
County staff to the Contractor's premises for the purpose of confirming property has been marked
with County property tags. The Contractor shall establish and maintain inventory records and
transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment
purchased with Contract funds.
XVIII. Proprietary Rights
The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or
article should result from the work described herein, all rights accruing from such material or article shall
be the sole property of the party that produces such material or article. If any patentable or
copyrightable material or article should result from the work described herein and is jointly produced by
both parties, all rights accruing from such material or article shall be owned in accordance with US
Patent Law. Each party agrees to and does hereby grant to the other party, irrevocable, nonexclusive,
and royalty -free license to use, according to law, any material or article and use any method that may be
developed as part of the work under this Contract.
The foregoing products license shall not apply to existing training materials, consulting aids, checklists,
and other materials and documents of the Contractor which are modified for use in the performance of
this Contract.
The foregoing provisions of this section shall not apply to existing training materials, consulting aids,
checklists, and other materials and documents of the Contractor that are not modified for use in the
performance of this Contract.
XIX. Political Activity Prohibited
None of the funds, materials, property, or services provided directly or indirectly under this Contract shall
be used for any partisan political activity or to further the election or defeat of any candidate for public
office.
XX. King County Recycled Product Procurement Policy
In accordance with King County Code 10.16, the Contractor shall use recycled paper for the production
of all printed and photocopied documents related to the fulfillment of this Contract. In addition, the
Contractor shall use both sides of paper sheets for copying and printing and shall use
recycled/recyclable products wherever practical in the fulfillment of this Contract.
XXI. Future Support
The County makes no commitment to support the services contracted for herein and assumes no
obligation for future support of the activity contracted herein except as expressly set forth in this
Contract.
XXII. Entire Contract/Waiver of Default
The parties agree that this Contract is the complete expression of the terms hereto and any oral or
written representations or understandings not incorporated herein are excluded. Both parties recognize
that time is of the essence in the performance of the provisions of this Contract. Waiver of any default
shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the
Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be
construed to be a modification of the terms of the Contract unless stated to be such through written
approval by the County, which shall be attached to the original Contract.
XXIII. Contract Amendments
Either party may request changes to this Contract. Proposed changes which are mutually agreed upon
shall be incorporated by written amendments to this Contract.
XXIV. Notices
Whenever this Contract provides for notice to be provided by one party to another, such notice shall be
in writing and directed to the chief executive office of the Contractor and the project representative of the
SKCDPH-Agency BP:12 of 13
County department specified on page one of this Contract. Any time within which a party must take some
action shall be computed from the date that the notice is received by said party.
XXV. Services Provided in Accordance with Law and Rule and Regulation
The Contractor and any subcontractor agree to abide by the laws of the state of Washington, rules and
regulations promulgated thereunder, and regulations of the state and federal governments, as
applicable, which control disposition of funds granted under this Contract, all of which are incorporated
herein by reference.
In the event that there is a conflict between any of the language contained in any exhibit or attachment to
this Contract, the language in the Contract shall have control over the language contained in the exhibit
or the attachment, unless the parties affirmatively agree in writing to the contrary.
XXVI.Applicable Law
This contract shall be construed and interpreted in accordance with the laws of the State of Washington.
The venue for any action hereunder shall be in the Superior Court for King County, Washington.
IN WITNESS HEREOF, the parties hereby agree to the terms and conditions of this Contract:
City of Renton Fire & Emergency
KING COUNTY Services Dept
King County Executive
Date
FOR
Approved as to Form:
OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY
PHSKC Contract # D39144D - Basic Life Support Services
Signature
NAME (Please type or print)
Date
SKCDPH-Agency BP:13 of 13
Contract # D39144D
Exhibit A — SCOPE OF WORK
KING COUNTY EMERGENCY MEDICAL SERVICES
Basic Life Support Standards
Agencies shall comply with the following standards in order to be eligible for basic life
support services funding from King County. Failure to comply with the standards
adopted by King County pursuant to Chapter 2.26 of the King County Code or by the
County Medical Program Director pursuant to Chapter 18.73 RCW, shall be sufficient
grounds for notification, remediation, and possible termination of funding.
Review and modifications of BLS standards may be conducted on an annual basis.
Proposed changes will be submitted to the Emergency Medical Services Advisory
Committee and local provider agencies for advisory comment prior to implementation.
I. Personnel: All emergency medical services personnel supported directly by King
County funds must be certified as Emergency Medical Technicians ad defined by
RCW 18.73. Basic EMT training standards have been established by King
County Emergency Medical Services.
II. Continuinz Medical Education: EMTs will remain certified as required by
WAC 246-976. Continuing Education and proficiency standards will be set by
King County Emergency Medical Services and the Medical Program Director.
Agencies must report completion of education and skill proficiency updates to
King County Emergency Medical Services in an agree upon summary format.
III. Medical Standards: Each agency providing emergency medical services shall
adhere to standards of medical care for the triage, treatment and transport of
patient as authorized by the Medical Program Director pursuant to RCW 18.73
and 18.71, and Chapter 2.26 of the King County Code. Standards of medical care
are delineated in the King County EMS training curriculum approved by the
Washington State Department of Health, "Patient Care Guidelines for Basic Life
Support", and in the 1996, 1997, 1998, 1999, and 2000 Competency Based
Training (CBT) modules. Additional CBT modules will continue to be issued
annually. CBT modules may also be offered by the EMS Division electronically
via Internet access.
a. Scope of Practice: Evaluation and treatment activities by EMTs from
provider agencies not described in the standards of medical care are deemed
outside the scope of practice. Changes or additions to this scope of practice
will be issued periodically by the Medical Program Director.
b. Record Keeping and Record Submission: The Medical Incident Report
Form (MIRF) must be completed as soon as possible following an incident.
These reports should them be submitted to King County Emergency Medical
Services, either electronically or by mail, within 30 days from the date the
incident occurred. Agencies will be responsible for retention of copies of the
reports.
Contract # D39144D
c. Transportation Policy: Each provider will be responsible for developing a
policy for the transport of patients from the incident scene to the treatment
scene. Such policy should provide for transportation based upon determinants
of transport need, including medical necessity, mitigating circumstances, and
provider budget.
The decision to transport a patient seen by BLS personnel will be determined
by the patient's medical condition as described in the Basic EMT core
curriculum and any mitigating circumstances. The mode of transport will be
consistent with the patient's medical condition and provide humane, efficient
and expedient care. Transport destinations should be consistent with the State
Trauma System Activation Guidelines.
d. King County Medical Quality Assurance/Quality Improvement
Programs: Each BLS provider will agree to participate in a King County
Medical Quality Assurance/Quality Improvement program. This program will
be developed by King County EMS Division, with the assistance of the EMS
Advisory Committee and BLS providers. Elements of this program include:
1) run review by clerical and provider personnel to ensure completeness, 2)
run review by a reviewer (local paramedic or personnel from within the
organization for medical appropriateness and compliance with King County
Emergency Medical Services standards, 3) case follow up and discussion
conducted by the run review personnel, and 4) paramedic involvement in CBT
Training.
e. Patient Confidentiality: Information concerning the evaluation and
treatment of a patient by BLS personnel in the performance of their duties is
to be handled as confidential material, including patient name, medical
history, incident location, or any other confidential information. Confidential
medical information may not be released unless the patient or his/her court -
appointed representative completes and signs an Authorization for Release of
Information form.
IV. Equipment
a. All vehicles used to deliver emergency medical services must meet vehicle
standards as established by the Washington State Department of Health
pursuant to RCW 18.73, unless waived by the State Department of Health
Office of EMS Trauma Prevention Licensing.
b. Medical equipment used by personnel supported funds must meet appropriate
federal or state standards or county protocols.
V. Mutual Aid Agreements: Each public agency providing basic life support
services shall have written mutual aid agreement or similar arrangements is effect.
VI. Proposed Research and Evaluation Activities: Any proposed clinical research
or evaluation activities involving personnel, equipment or data supported directly
or indirectly by King County funds must receive prior review and written
Contract 4 D39144D
approval by the Medical Program Director and the King County Emergency _
Medical Services Division Manager and must be in compliance with State,
County and local regulations and laws.
VII. Performance Indicators and Oversight: In accordance with findings of the
EMS Financial Planning Task Force, the EMS Division — with the assistance of
the EMS Advisory Committee and the Financial Staff Team — shall develop
mechanisms for improved performance oversight by the EMS system and elected
officials. Performance indicators will be established and reviewed by King
County EMS and reported by the EMS Division to each BLS agency and in public
presentations. Mitigation activities will be initiated with local providers if
needed.
Reports will be distributed to provider agencies on a regular basis. Standards for
each provider will be monitored in the following major areas: total call volume,
average response time for code red calls, percent of response times greater than or
equal to 4, 6, 8, and 10 minutes, out -of -service times, number of transports and
mode of transport. Additional performance indicators may be added, with the
assistance of the EMS Advisory Committee and the Financial Staff Team.
VIII. Financial Indicators and Oversight: In accordance with findings of the EMS
Financial Planning Task Force, indicators shall be developed which improve
financial oversight by the EMS system and elected officials. The EMS Division,
in conjunction with the EMS Advisory Committee and the Financial Staff Team,
shall develop reporting financial reporting measures that will include, but may not
be limited to:
a. Selection, development, and tracking of system costs.
b. A standard costing system for reporting dollar expenditures for BLS
activities.
c. Funding allocation mechanism.
EMEGENCY MEDICAL SERVICES FUNDS Exhibit B
2009 PROPOSED BUDGET - BASIC LIFE SUPPORT SERVICES Contract # D39144D
Agency Narne:
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contact Person:
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Title:
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BUDGET CATEGORY
Salaries & Benefits:
EMT salaries
Other Salaries
Overtime
Subtotal Salaries:
Subtotal Employee Benefits:
Subtotal Employee Salaries & Benefits:
Other Costs:
Medical Supplies & Equipment
Office & Computer Supplies & Equipment
Uniforms, Fire & Safety Supplies
Dispatch
Communications
Vehicle Maintenance
Facility Costs
Training
Misc.
Capital Costs
Subtotal Other Costs:
Total Operational Costs
Subtotal Capital Costs
Subtotal Operational & Capital
Reserves (saved or used):
GRAND TOTAL:
provider Signature
Amount Requested
for BLS
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Date
Fire District/Dept. or City
Address
Exhibit C
Basic Life Support Services Invoice Form
Contract # D39144D Invoice Date
City
Zip Code
Budget
Category
Item
Expenditures
Expenditures
To Date
Budget for
Period
Balance
Unexpended
Grand Total
I, the undersigned, do hereby certify that the materials have been furnished, the services rendered or the labor
performed as described herein, and that the claim is a just, due and unpaid obligation against the County of King,
and that I am authorized to authenticate and certify to said claim.
Signature
* Indicate supplies, equipment, salaries and support services.
Title
Date
EXHIBIT D
Mission, Method, and Expectations
Public Health Program Activities Provided by Community Partners
A. Mission
■ The overall mission of Public Health — Seattle & King County is to provide public
health services that promote health and prevent disease to King County residents, in
order to achieve and sustain healthy people and healthy communities.
B. Method
One of the key methods that Public Health — Seattle & King County uses to support
this mission and extend the reach of public health program activities is to engage in
contractual partnerships with community based organizations. This partnering activity
increases access to needed and mandated health services, and enables community
partner agencies and the people they serve to benefit from service models that are
informed by sound public health principles and practices. Community partner
organizations, with the support of funds provided through this contractual
relationship, extend Public Health's activities to promote population health, according
to goals and outcomes determined under state and national performance standards.
C. Expectations
■ Public Health expects that its community based contracting partners will perform
contracted health services in accordance with the goals, performance measures, and
accountability methods that are outlined in the program -specific exhibits that
accompany this contract.
■ Public Health will provide professional and technical assistance to community
partner organization program staff in order to support the development and
maintenance of strong and effective program services.
■ Public Health and community partner organizations will collaborate in developing
and performing program evaluation activities that will measure the effectiveness of
program efforts, including efforts to measure the impact of program activities on the
health status of residents of King County.
4
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A
CONTRACT WITH KING COUNTY REGARDING FUNDING FOR
BASIC LIFE SUPPORT SERVICES FOR THE RENTON FIRE &
EMERGENCY SERVICES DEPARTMENT FOR 2009-2013.
WHEREAS, the City has need for funding to support basic life support services; and
WHEREAS, the funding provided under this contract is intended for basic life support
services; and
WHEREAS, King County proposed to make certain funds available for 2009 with
support for 2010 through 2013 to be determined later; and
WHEREAS, the proposed contract establishes the terms and conditions for the funding
from 2009 through 2013;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DOES RESOLVE AS FOLLOWS:
SECTION I. The above recitals are found to be true and correct in all respects.
SECTION II. The Mayor and City Clerk are hereby authorized to enter into a
contract with King County entitled King County Contract For Basic Life Support Services, King
County Contract No. D391441), for funding from 2009 through 2013 and such extensions or
amendments that do not materially alter the contract.
PASSED BY THE CITY COUNCIL this day of 52009.
Bonnie I. Walton, City Clerk
1
RESOLUTION NO.
APPROVED BY THE MAYOR this day of )2009.
Approved as to form:
Lawrence J. Warren, City Attorney
RES. 1405:4/13/09:scr
Denis Law, Mayor
2
2009 BLS Allocations
Agency
2009 Amount
Bellevue Fire Department
$1,986,860
Eastside Fire & Life Safety
$1,373,557
Redmond Fire Department
$909,826
Kent Fire & Life Safety
$1,212,191
Kirkland Fire Department
$838,397
South King Fire & Rescue
$1,297,811
Renton Fire Department
$867,095
Fire District #25
$102,698
Fire District #40
$200,864
Mercer Island Fire Department
$397,249
Woodinville Fire & Life Safety
$502,310
Shoreline Fire Department
$618,422
Valley Regional Fire Authority
$734,245
Fire District #16 - Northshore
$339,727
Fire District #2
$393,128
Fire District #43 - Maple Valley
$417,923
SeaTac Fire Department
$357,902
Tukwila Fire Department
$378,105
Fire District #44 - Mountain View
$294,358
Black Diamond Fire Department
$53,104
Bothell Fire Department
$338,080
Fire District #11 - North Highline
$422,851
Fire District #13 - Vashon/Maury
$186,761
Enumclaw Fire Department
$291,141
Fire District #45 - Duvall
$152,964
Snoqualmie Fire Department
$89,948
Fire District #20
$175,698
Fire District #27
$97,182
Fire District #47
$23,478
Fire District #50 - Skykomish
$43,904
Fire District #51 - Snoqualmie Pass
$25,711
Sub -Total
$15,123,489
Milton
$22,758
Pierce County
$1,500
(Total Allocation 1 $15,147,7471
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A
CONTRACT WITH KING COUNTY REGARDING FUNDING FOR
BASIC LIFE SUPPORT SERVICES FOR THE RENTON FIRE &
EMERGENCY SERVICES DEPARTMENT FOR 2009-2013.
WHEREAS, the City has need for funding to support basic life support services; and
WHEREAS, the funding provided under this contract is intended for basic life support
services; and
WHEREAS, King County proposed to make certain funds available for 2009 with
support for 2010 through 2013 to be determined later; and
WHEREAS, the proposed contract establishes the terms and conditions for the funding
from 2009 through 2013;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DOES RESOLVE AS FOLLOWS:
SECTION I. The above recitals are found to be true and correct in all respects.
SECTION II. The Mayor and City Clerk are hereby authorized to enter into a
contract with King County entitled King County Contract For Basic Life Support Services, King
County Contract No. D39144D, for funding from 2009 through 2013 and such extensions or
amendments that do not materially alter the contract.
PASSED BY THE CITY COUNCIL this day of , 2009.
Bonnie I. Walton, City Clerk
RESOLUTION NO.
APPROVED BY THE MAYOR this day of )2009.
Approved as to form:
Lawrence J. Warren, City Attorney
RES.1405:4/13/09:scr
Denis Law, Mayor
2
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON
ANNEXING CERTAIN TERRITORY OF THE CITY OF RENTON
(MACKAY ANNEXATION; FILE NO. A-08-003).
WHEREAS, under the provisions of RCW 35A.14.120, as amended, a petition in writing
requesting that certain territory contiguous to the City of Renton, as described below, be annexed
to the City of Renton, was presented and filed with the City Clerk on or about October 3, 2008;
and
WHEREAS, prior to the filing and circulation of said petition for annexation to the City
of Renton, the petitioning owners notified the City Council of their intention to commence such
proceedings as provided by law, as more particularly specified in RCW 35A.14.120 and upon
public hearing thereon, it having been determined and the petitioning owners having agreed to
accept that portion of the City's Comprehensive Plan as it pertains to the territory including the
applicable Zoning Code relating thereto; and
WHEREAS, as part of the May Valley pre -zoning the area was considered as file
number LUA 98-009 and the City Council held public hearings regarding the pre -zoning of the
area on June 10, 1996 and September 16, 1996; and
WHEREAS, pre -zoning was determined to be Residential One Dwelling Unit per Acre
(R-1) for the entire area included in the annexation boundary and adopted by Ordinance number
4667; and
WHEREAS, the King County Department of Assessments has examined and verified the
signatures on the petition for annexation on or about October 21, 2008, and determined that the
ORDINANCE NO.
signatures represent at least sixty percent (60%) of the assessed value (excluding streets) of the
area to be annexed, as provided by law; and
WHEREAS, the Department of Community and Economic Development of the City of
Renton having considered and recommended the annexing of said property to the City of Renton;
and
WHEREAS, the City Council fixed December 1, 2008 as the time and place for a public
hearing regarding the proposed annexation in the City Council Chambers, City Hall, Renton,
Washington, upon the petition and notice thereof having been given as provided by law; and
WHEREAS, pursuant to the notices, public hearings have been held at the time and
place specified in the notices, and the Council having considered all matters in connection with
the petition and further determined that all legal requirements and procedures of the law
applicable to the petition method for annexation have been met; and
WHEREAS, the King County Boundary Review Board having deemed the "Notice of
Intention" approved as of April 6, 2009;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
SECTION I. The findings, recitals, and determinations are hereby found to be
true and correct in all respects. All requirements of the law in regard to the annexation by
petition method, including the provisions of RCW 35A.14.120, 130, 140, and 150 have been
met. It is further determined that the petition for annexation to the City of Renton of the property
and territory described below is hereby approved and granted; the following described property
being contiguous to the City limits of the City of Renton is hereby annexed to the City of
0
ORDINANCE NO.
Renton, and such annexation to be effective on and after the approval, passage, and thirty days
after publication of this Ordinance; and on and after said date the property shall constitute a part
of the City of Renton and shall be subject to all its laws and ordinances then and thereafter in
force and effect; the property being described as follows:
See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein
[Said property, approximately 7.4-acres, is generally located west of 1481h Avenue
Southeast, south of Northeast 261h St, east of Lyons Avenue Northeast, and north
of Southeast 102nd ]
and the owners of the property within the annexation shall be subject to the City's
Comprehensive Plan and Zoning Code.
SECTION II. This Ordinance shall be effective upon its passage, approval, and
thirty days after its publication.
A certified copy of this Ordinance shall be filed with the King County Council, State of
Washington, and as otherwise provided by law.
PASSED BY THE CITY COUNCIL this day of , 2009.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of , 2009.
Denis Law, Mayor
3
ORDINANCE NO.
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD.1545:4/13/09:scr