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W
Substitute Ordinance 12/7/82
DATE December 2, 1982
INTRODUCED BY Cole
PROPOSED BY Public Services Comm,
ORDINANCE NO. 82 -109
AN ORDINANCE RELATING TO AMBULANCE SERVICES
AMENDING WHATCOM COUNTY CODE CHAPTER 5.04
TO CHANGE THE COMPOSITION OF THE EMERGENCY
MEDICAL AND AMBULANCE ADVISORY BOARD, AND
STATING ADDITIONAL DUTIES OF THE BOARD
WHEREAS, the City of Bellingham and Whatcom County have
successfully operated a County -wide emergency medical trans-
portation system for several years, and
WHEREAS, the rural and municipal fire departments throughout
the County have joined together in a Mutual Aid Agreement to
strengthen cooperation and assistance in emergency medical
situations, and
WHEREAS, the Whatcom County Executive has proposed that a
Board be established to administer the Mutual Aid Agreement;
NOW, THEREFORE, BE IT ORDAINED as follows:
The intergovernmental agreement between Whatcom County and
the City of Bellingham for Emergency Medical Care and
Transportation Services shall be amended to include the
following provisions:
1) There is created a joint, cooperative Emergency Medical
and Ambulance Advisory Board, consisting of the following
personnel:
A. The Mayor of Bellingham
B. The Chairperson of the Bellingham City Council
Finance Committee
C. The Chairperson of the Bellingham City Council
Public Safety Committee
D. The Fire Chief or, if so directed, the Fire Depart-
ment Medical Services Officer
E. The Whatcom County Executive
F. The Chairperson of the Whatcom County Council
Finance Committee
G. The Chairperson of the Whatcom County Public Services
Committee
H. A Mayor of an incorporated city, other than Belling-
ham, within the County, selected by the Small Town
Mayors' Association
I. A Fire Chief, selected by the Whatcom County Fire
Chiefs' Association
J. A Fire District Commissioner, selected by the Whatcom
l
County Fire Commissioners' Association
ORDINANCE - 1.
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K. The Medical Advisor to the City's Ambulance Service -
advisory only, having no vote
The Whatcom County Executive shall serve as chairperson of
the Board, unless the Board shall elect at a meeting another
of its members as chairperson.
2) Duties Of The Board:
A.' Act to coordinate and improve ambulance and related
medical transportation services throughout Whatcom
County
B. The Board shall be the primary agency for settling
disputes between ambulance services and government
agencies operating ambulance services, throughout
Whatcom County
C. The Board shall make budgetary recommendation for
ambulance services
D. The Board shall advise the Council and other agencies
on improvements to ambulance services
E. Purely technical, operational, and medical matters
will be referred to the appropriate Fire Chief or
Medical Advisor.
3) The Chairperson of the Board may call the Board into
session on his /her own motion, and the Chairperson
shall convene the Board when requested to do so by a
participating agency.
APPROVED this f day of /JE�^s�7� 1982.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
ATTEST:
PhAj,
Clerk of - -.tja ouncil
William P. Roehl, Chairman
(%() APPROVED ( ) VETOED
C7. Z.
JoV Louws,, County Executive
December 20, 1982
Date
Published on
December 12, 1982 and
December
25, 1982
This ordinance
becomes effective on
December
30, 1982
ORDINANCE - 2.
CFGgI
c/Ty
C� R De6, ` Hof e£CC'NG .
COUNTYWIDE JOINT POWERS AGREEMENT FOR �C�► U a< ' IYg4f
EMERGENCY MEDICAL CARE AND TRANSPORTATION SERVICES
The COUNTY OF WHATCOM, a second class county of the state of
Washington (hereinafter the "County ") and the CITY OF BELLINGHAM, a
first class municipal corporation of the state of Washington
(hereinafter the "City, ") in accordance with the provisions of
R.C.W. 39.34, and in consideration of the mutual covenants herein, agree
as follows.
I. Purposes:
WHEREAS, the Council of Whatcom County recognizes the need for a
comprehensive emergency medical services program in the unincorporated
areas of Whatcom County; and
WHEREAS, the County of Whatcom has no full time Fire Department
staff; and
WHEREAS, the City of Bellingham, through the utilization of its
full time Fire Department personnel is equipped to operate and
administer a countywide emergency medical services program; and
WHEREAS, the parties hereto recognize the advantages to be gained
and the services to be provided to the citizens from the establishment
of a single, integrated comprehensive medical services program; now they
therefore enter into this agreement.
II. City to Provide Ambulance Services:
The City agrees to provide a countywide emergency medical care and
transportation service ;utilizing qualified personnel and appropriate
equipment for transportation services including ambulances, as defined
in R.C.W. 18.73.030(4), on a 24 -hour every day basis in accordance with
such regulations as may be promulgated by, the Department of Social and
Health Services and other rules and regulations as agreed to herein.
PJT1456/WP102 /300
Page -1-
CITY ATTORNEY
City of BNHntharn
210 Loth! street
Bellingham, WuhingWn M25
Telephone (206) 676 -44103
s
III. User Fees and Budget:
A. It is agreed that the City shall assess and collect user fees
for the services rendered pursuant to this agreement both within the
City of Bellingham and in the unincorporated areas of Whatcom County.
Such fees shall be as established by Bellingham city ordinance and as
agreed to and established by County ordinance duly approved and passed
by the Council of Whatcom County. Such usgr fees shall be subject to
subsequent modification as provided in paragraph C below.
B. In the event the user fees and non-designated donations
generate insufficient income to pay for all the operation, maintenance
and capital expense attributed to this program, each party hereto agrees
to contribute one-half of any such deficit necessary to completely fund
the service prior to the conclusion of the calendar year in question.
When donations designated. for a specific purpose are received, but are
insufficient to meet the purpose, they shall be placed in a separate
account until sufficient money is available to fund the designated
purpose.
C. The parties hereto agree that modification of current user
fees be made annually only, unless otherwise mutually agreed upon by the
parties.
D. In July of each calendar year, the Fire Chief shall prepare a
proposed budget including a recommendation on modification of user fees
if deemed appropriate, which shall include the following:
1. Anticipated carry-over if any
2. Projected revenues for the ensuing calendar year
3. Projected expenditures for operation and maintenance of
the program
4. The costs of equipment or other items anticipated to be
purchased.
PJT1456/WP102/300
Page -2-
CITY ATTORNEY
Ciq of edikehom
210 LOW stmt
YalinlMm, Wnhinj on 98226
TNephom (206) 676 -6903
Such budget and report shall be approved by the Mayor and Council
Finance Committee before submission to the County. By August 1st, or as
soon thereafter as practicable, the Mayor and Fire Chief shall meet with
the County Executive to review the City's proposal. Within an
additional 30 -day period, the above parties shall meet with both Finance
Committees of the respective Councils of the parties to consider and
finally agree upon a joint budget and program mutually acceptable to the
City and the County.
E. It is further provided that the user fees for the services
within the respective jurisdictions will remain equal through the term
of this agreement. In no case shall either party hereto raise its fees
to the extent that such fees will exceed the cost of financing one-half
of the cost of the combined service.
F. In the event the amounts budgeted by the respective parties
are unequal, the parties shall meet and determine whether reducing the
other parties' level of funding to an equal amount will providd
sufficient funds to offer a level of service meeting minimum standards.
If such standards cannot be met by this level of funding, and the party
budgeting the lesser amount is unwilling to increase its budget, then
this agreement shall be terminated.
IV. Non- Emeraent Services:
The parties agree that the City may provide non - emergent services
utilizing the equipment and personnel described herein, as long as the
delivery of these services do not adversely effect the City's ability to
provide emergency services within the County. Provided, however, it is
agreed and understood that the costs of providing such non - emergency
service shall be self supporting through users fees and shall not be
supported by City or County general fund revenues.
V. Legal liability:
A. Responsibility for legal liability, regardless of fault, is
determined by the location to which a City unit responds, as set out
CITY ATTORNEY
COY of eallbyhen�
PJT1456/WP102 /300 210 Mis stred
lellingham, Washington 9V25
Page -3- Telophons (206) 676 - SM
�_M
M
below; such liability shall continue until the unit returns to its duty
station or commences another call, whichever is sooner:
1. The City agrees and covenants to indemnify, appear, defend,
and save harmless Whatcom County and those persons who were,
now are, or shall be duly elected or appointed officials or
members or employees thereof against and from any loss,
damage, liability, claim, demand, or judgments of whatsoever
kind or nature, whether to persons or property, arising wholly
out of operation of this agreement when a City unit is called
to a location within the City limits.
2. The County agrees and covenants to indemnify, appear, defend,
and save harmless City and those persons who were, now are, or
shall be duly elected or appointed officials or members or
employees thereof against and from ' any loss, damage,
liability, claim, demand or judgment of whatsoever kind or
nature, whether to persons or property, arising wholly out of
the operation of this agreement when a City unit is called to
a location in the unincorporated area of the County. This
responsibility includes all occurrences relating to such a
call for service, including those that may occur within the
City limits.
B. When a City unit is called to a location. within an
incorporated municipality of Whatcom County other than Bellingham, the
City and County shall equally share all costs arising from legal
liability for occurrences relating to the call, without regard to fault
or the location of the occurrence that results in liability.
VI._ Accounting; Deficits:
A. The City Director of Budgeting and Accounting shall be
responsible for keeping an on-going accounting of the revenues generated
and expenses incurred by virtue of the operation of the program and
shall provide -a report to the County on such miltters as requested..
Furthermore, the City agrees to maintain all books, records, documents,
PJT1456/WP102 /300
Page -4-
t
CITY ATTORNEY
City of Bellingham
210 L o tis shad
SaNinghem, Washington 98225
TaNplwna (206) 676 -e962
reports and other data which, upon request, may be subject to
inspection, review, or audit by the County or other personnel authorized
by the County, the Office of the State Examiner, federal officials
authorized by law, and to provide such information as requested by the
County within a reasonable period of time. The County shall remit to
the City quarterly 25% of the amount budgeted to fund the program. Such
payment shall be remitted no later than the last day of the quarter in
question. No later than 60 days following- the conclusion of each
quarter the City shall submit a quarterly financial statement to the
County.
B. During February of the succeeding year, the City's Budgeting
and Accounting Director will reconcile the program's accounts and will
make a report of the same to the County. If a deficit remains, the
County will pay its share, one-half of the total deficit., within
30 days of receipt of the report. If the reconciliation shows a
surplus, the City will give the County either a credit against its first
quarter payment or if this agreement is being terminated, the City will
pay the County its share, one -half of the surplus, within 30 days of
making its report.
C. In order to effectuate the foregoing provisions without delay,
the City and the County agree to the following transitional provisions:
1. In order to reconcile and settle deficits from previous years,
the County agrees to make a single, one-time payment to the
City of $18,207.87, within a reasonable time of execution of
this agreement.
2. The City will make its reconciliation of the 1982 program
accounts as promptly as possible; any deficit or surplus will
be handled in the same manner as required by Paragraph 0 of
this section.
VII. Separate Fund Required:
All funds collected from emergency medical care and transportation
services rendered pursuant to this agreement shall be deposited with the .
CITY ATTORNEY
City of edlk4m w
PJT1456/WP102/300 210 Lotti. stns
9diin6haffl. Waihinlon 9ei!
Page -5- TeiephM (206) 676 --6903
City into a fund to be designated as the Ambulance Service Fund and to
be disbursed upon claims approved by the Director of Finance of the City
of Bellingham.
VIII. Affirmative Action in City Employment:
The City shall not discriminate against any employee or applicant
for employment because of race, color, religion, sex or national origin.
It shall take affirmative action to assure that applicants are employed
and that employees are treated during employment without regard to their
race, color, religion, sex or national origin. Such .action shall
include, but not be limited to the following: employment, upgrading,
demotions or transfers, recruitment or recruitment advertising, lay-offs
or terminations, rates of pay or other forms of compensation.
IX. Damage to City Equipment:
Any physical damage to any of the equipment covered by this
agreement shall be repaired or replaced and paid for from the City's
Equipment Rental Funds. Where the damage is not the responsibility of
some third party, the equipment rental fund shall be reimbursed by the
ambulance fund. In the event that equipment covered by this agreement
is damaged by some third party, the City shall proceed with subrogation
and collection as if the damage occurred within the City of Bellingham.
The City shall, however, immediately credit the ambulance fund with a
sufficient sum to cover the cost or replacement of the equipment from
the City's loss liability fund and subsequently credit the City's loss
liability fund with the sums recovered through subrogation. Conversely,
if the damage occurred in the unincorporated areas of Whatcom County,
the County shall proceed with subrogation and collection, but shall also
immediately credit the ambulance fund with a sufficient sum to cover the
cost or replacement of the equipment from the County's loss liability
fund and subsequently credit the County's loss liability fund with the
sums recovered through subrogation. In the event of settlement or
judgment for physical damage and /or personal injury settlement to third
parties, control. shall remain exclusively with the responsible party.
PJT1456/WP102 /300
Page -6-
CITY ATTORNEY
City of 8411inpam
210 Loft strost
Bellingham, Washmsfan 94226
Teiephom (200) 676 -6903
X. Required Licensing:
M
The City agrees to comply with all applicable federal, state,
county or municipal standards for licensing, certification, operation of
facilities, equipment and programs and accreditation and licensing of
individuals. The City further agrees to abide by any applicable rules
and regulations of the state and federal government.
XI. Advisory Board:
For the mutual benefit of the parties, and in order to aid in the
efficient and equitable administration of the program, the City and the
County have established an advisory board by the ordinances attached
hereto and made a part hereof. The City's ordinance is codified as
BMC Section,2.60.010 and 2.60.020; the County's ordinance i��B■�s
. 8t -gay jr/
XII. Term; Termination:
A. This agreement shall be effective on January 1, 1983, and
shall continue through December 31, 1984; provided however, that each
party shall have the option to terminate at will annually by giving the
other party advance written notice thereof on or before September 1st of
the calendar year preceding the intended January 1 termination date. In
the event the County is the terminating party, an accounting shall be
made as to the costs of reducing or terminating the program and the
County shall be oligated to reimburse the City for all reasonable costs
connected therewith. Upon any termination of this agreement, the
parties shall cause a final accounting to be made, taking into account
existing funds, outstanding accounts receivable, and other obligations
as provided by Paragraph VI B. All equipment shall be appraised and
assigned a value and the City shall pay the County their proportionate
share of the assigned value. In the event neither party gives notice of
termination, this agreement shall continue on a month to month basis
subsequent to December 31, 1982.
1
PJT1456/WP102/300
Page -7-
CITY ATTORNEY
City of 1161IMthsm
210 porn. SIMM
Bellingham, Weshingbn 19225
T0100 M (206) 676 -6903
M
B. Even though this Agreement may be fully executed prior to
January 1, 198:3, it is the intent of the parties that the prior
agreement currently providing for similar services shall continue in
effect until December 31, 1982, except as modified and extended by this
agreement.
EXECUTED this jZZ day of December, 1982, for' kHATCOM COUdTY:
John uws, oun y',xecu ve Z
Ar OEt/IFc- DtcKG�
EXECUM this the % 7' d
BELLINGHAM:-
Attest:
of t, 1` far ttrg CITY OF
Approve 'foal:_..
�Office of e City Attorney
b a ntal Ap val:
PJT1456/WP102 /300
Page -8-
CITY ATToRKY
CIV of 1110%m ow
210 Loft stroN
SwIl"Ihom, w"hlnpon few
TNphone (206) 678 - -6!109
ORDINANCE NO.
AN ORDINANCE RELATING TO AMBULANCE SERVICES, AMENDING BMC CHAPTER 2.60 `
TO CHANGE THE COMPOSITION OF THE EMERGENCY MEDICAL AND AMBULANCE
ADVISORY BOARD, AND STATING CERTAIN NEW DUTIES OF THE BOARD
WHEREAS, the City and Whatcom County have successfully operated a
County-wide emergency medical transportation system for several years;
and,
WHEREAS, the Rural and Municipal Fire Departments throughout the
County have joined together in a Mutual Aid Agreement to strengthen
cooperation and assistance in emergency medical situations; and,
WHEREAS, the Whatcom County Executive has proposed that a Board be
established to administer the mutual aid agreement; NOW, THEREFORE;
THE CITY OF BELLINGHAM DOES ORDAIN:
Section 1. Bellingham Municipal Code Section 2.60.010, being a
portion of Section 2, Ordinance 8286, is amended to read as follows:
2.60.010 Emergency Medical and Ambulance Advisory-Board Created -•
Composition.
There is created a joint, cooperative Emergency Medical and
Ambulance Advisory Board, consisting of the following persons:
A. The Mayor of Bellingham.
B. The Chairman of the Bellingham City Council Finance Committee.
C. The Chairman of the Bellingham City Council Public Safety
Committee.
D. The Bellingham Fire Chief or, if so directed, the Fire
Department Medical Services Officer.
E. The Whatcom County Executive.
PJT3040/WP182/W
Page -1-
CITY ATTORNEY
COW of 9dlbgham
210 Loft sawt
961IinEham, WaMinibn 98225
Telephony (206) 676 —SM
1�71•N
F. The Chairperson of the Whatcom County Council Finance
Committee.
G. The Chairperson of Whatcom County Public Services Committee.
H. A Mayor of an incorporated city within the County other than
Bellingham, selected by the Small Town Mayor's Association.
I. A Fire Chief,. selected by the Whatcom County Fire Chiefs'
Association.
J. A Fire District Commissioner, selected by the Whatcom County
Fire Commissioners' Association.
K. The Medical Advisory to the City's Ambulance service (Advisory
only) no vote.
Section 2. Bellingham Municipal Code Section 2.60.020, being a
portion of Section 2 of Ordinance 8286, is repealed, and a new section
is adopted to read as follows:
2.60.020 Duties of the Board:
In addition to those duties of the Board set forth in Bellingham
Municipal Code Chapter 6.10, the Board shall:
A. Act to coordinate and improve ambulance and related medical
transportation services throughout Whatcom County.
B. The Board shall be the primary agency for settling disputes
between ambulance services and government agencies operating ambulance
services, throughout Whatcom County.
C. The Board shall advise the Council and other agencies on
improvements to ambulance services.
D. Purely technical, operational, and medical matters will be
referred to the appropriate Fire Chief or Medical Advisor.
PJT3040/WP182/W
Page -2-
CITY ATTORNEY
Citj of 6e11koom
210 Loft SWOM
"lingham. Weshinjton 96225
Telephone (206) $76 -6903
AllAWOL%cvll,y ` .
A
u
ilk
0
Passed by the Council this day of IO J 1982.
Council res en
Approved by me this may of 1982.
a r
Attest:
n nce &Fecior
Approved as to or
ce of the ty Attorney
Published: 00& bt/L) aW. /qty
PJT3040/WP182/W
Page -3-
1'
CITY ATTORNEY
COY of •dlf h"
210 Lotth Straat
iallinEMM, Washwaton 9822
Tdoohom ! 1 676 -6903
i Mtl 4MlAIfA lift