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RESOLUTION NO. 3 9 6 1
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A
CONTRACT BETWEEN THE CITY OF AUBURN
AND LAIDLAW MEDICAL TRANSPORTATION, INC,
(AMR) FOR AMBULANCE SERVICES
WHEREAS, the City has evaluated the availability of ambulance services
within its corporate limits, and has identifies its needs for ambulance services;
and
WHEREAS, the City has further determined that with a contract for basic
life support ambulance transportation services, and with a coordinated approach
to ambulance transportation services, the City's needs could be met; and
WHEREAS, after inviting qualified ambulance operators to submit
proposals and necessary information relative to their organizational credentials
and ability to provide Basic Life Support (BLS) patient transport, the City selected
the most advantageous submittal, namely AMR; and
WHEREAS, after evaluating all such submittals, the City has determined
that it is in the best interests of the City to enter into a contract for basic life
support ambulance transportation services with AMR, and has commenced
negotiation of such and an agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor is authorized to complete negotiation of an
Agreement with AMR along the lines of and in substantial conformity to the
Resolution No. 3961
December 14, 2005
Page 1
Agreement a copy of which is attached hereto, marked as Exhibit "A" and
incorporated herein by this reference, and the Mayor and the City Clerk are
authorized to execute such agreement as negotiated within budgetary and
scoping parameters.
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this \C\.~ day of .l>~Ji'i\b"v, 200 .5.
-C7
PETER B. LEWIS
MAYOR
ATTEST:
~atQ{ f IlJvJ'~
Danlelle E. Daskam,
City Clerk
APPROVED AS TO FORM:
del: -'-l 1
I 0~
Daniel B. Heia,-
City Attorney
'-
Resolution No. 3961
December 14, 2005
Page 2
AGREEMENT FOR BASIC LIFE SUPPORT
AMBULANCE TRANSPORTATION SERVICES
THIS AGREEMENT, made this 1st day of February, 2006, between the City of
Auburn, a municipal corporation of the State of Washington, located at 25 West Main
Street, Auburn, Washington 98001 (herein referred to as "City"), and Laidlaw Medical
Transportation, Inc., a Delaware corporation, d/b/a American Medical Response, whose
offices are located at 13075 Gateway Drive, Suite 100, Seattle, Washington, 98168
(herein referred to as "AMR").
WIT N E SSE T H:
WHEREAS, the City has evaluated the availability of ambulance services within
its corporate limits, and has determined that with a contract for basic life support
ambulance transportation services, and with a coordinated approach to ambulance
transportation services, the City's needs could be met; and
WHEREAS, the City invited the submission of organizational credentials and
proposals for the provision of Basic Life Support (BLS) patient transport; and
WHEREAS, AMR submitted its organizational credentials and a proposal for the
provision ofBLS patient transport in response thereto; and
WHEREAS, after evaluating all such submittals, the City has determined that it is
in the best interests of the City to enter into a contract for basic life support ambulance
transportation services with AMR, and has negotiated an agreement for such; and
Whereas, AMR has indicated a willingness to provide a compassionate care
policy consistent with the City's philosophy favoring such a policy.
NOW, THEREFORE, In consideration of the covenants and conditions of this
AGREEMENT, the parties agree as follows:
BASIC LIFE SUPPORT - AMBULANCE
TRANSPORTATION SERVICES AGREEMENT Page 1
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Section 1. Basic Life Support Ambulance Transportation Services Agreement
The following is the City of Auburn's Agreement for BLS Ambulance Transportation, in
accordance with the City's request for proposals for such services and AMR's submitted
proposal therefore, except as and to the extent expressly provided herein.
Section 2. Scope
2.1 The scope hereof is for AMR to provide BLS transport services within the
City of Auburn, working under the direct supervision of the Auburn Fire
Department, within the fire department's service area, and as provided herein.
2.2 The term of this Agreement shall be three (3) years from the effective date of
February 1, 2006. The City, at its sole discretion, may renew this Agreement
for two (2) additional one (1) year terms, each upon terms and conditions
satisfactory to the City. The renewal shall be completed upon execution of an
addendum by all.
2.3 The Auburn Fire Department retains the right to provide patient transport, as
set forth herein below.
Section 3. Definitions
For the purposes of clarity and consistency, the following words shall have the following
meanings in this RFP unless the context clearly requires a different meaning.
3.1 "Ambulance Unit" means the vehicle and personnel provided by AMR
responding to a request for BLS service.
3.2 "At Scene Time" means the point in time when the ambulance unit reports it
is physically stopped at the correct scene. In situations where the unit has
been directed to respond to a location other than the scene, e.g., staging areas
for hazardous materials/violent crime incidents, or non-secured scenes, "at
scene time" shall be the point in time the ambulance unit reports it has arrived
at the designated staging location. In instances when an ambulance unit fails
to report when it has arrived "at scene," "at scene time" shall mean the point
in time of the first communication or status transmission from the scene by
that ambulance unit.
BASIC LIFE SUPPORT - AMBULANCE
TRANSPORTATION SERVICES AGREEMENT Page 2
~.
3.3 "Basic Life Support" means non-lllvaslve emergency medical treatment
services as defined in RCW 18-73 and WAC 246-976.
3.4 "Business License Clerk" means such City employees or agents as the Mayor
shall designate to issue and administer business licenses under the Auburn
City Code, or any designee thereof.
3.5 "City" means the City of Auburn and includes the Auburn Fire Department.
3.6 "Contract Administrator" shall mean the City's Chief of Emergency Medical
Services.
3.7 "Contractor" means any person, corporation, or other legal entity that operates
an ambulance for hire and in compliance with federal, state, county, and City
rules and regulations.
3.8 "Fire Department" or "Department" or "AFD" means the Auburn Fire
Department and includes the City.
3.9 "Fire Official" means the Fire Chief or the Fire Chiefs designee.
3.10 "Incident Commander" means the Auburn Fire Department person in charge
of the emergency response at an incident.
3.11 "Performance Standards" are those standards as required in section 4 of the
Agreement.
3.12 "Region" means the geographical boundaries of King County and Pierce
County, Washington.
3.13 "Request Received" means the point in time when the incident address is
confirmed by AMR's dispatcher.
3.14 "Response Time" means the time interval from the time when AMR's
dispatcher receives a request for service to the time an ambulance unit arrives
at the scene of the incident.
3.15 "Primary Coverage Area" means the incorporated City limits of Auburn and
Algona as well as the boundaries of King County Fire District 31 that are not
currently incorporated into one of these two cities.
Section 4. Performance Standards
4.1 Scope of Work
BASIC LIFE SUPPORT - AMBULANCE
TRANSPORTATION SERVICES AGREEMENT Page 3
4.1.1 AMR agrees that the City of Auburn Fire Department is the sole
and exclusive provider of initial Basic Life Support services within
the City of Auburn, the City of Algona, Fire District No. 31, and
other contracted areas. This encompasses all calls generated by the
911 system.
4.1.2 AMR may do other work within the City limits (e.g., scheduled
transports, non-ambulance medical transportation, special event
standby coverage, HMO/Government contract work, etc.);
provided, the outside work does not materially affect AMR's peak
load capacity, disaster readiness, and overall efficiency, and does
not detract from AMR's primary service responsibilities to the
City.
4.2 A current business license
4.2.1 Title 5.20.100 of the Auburn Municipal Code, as now enacted or
hereafter amended, shall apply for the duration of this Agreement.
AMR shall obtain and maintain a City business license and shall
meet all conditions of Title 5.20.100 for the Auburn Municipal
Code throughout the duration of this Agreement.
4.3 Patient Care Standards
4.3.1 AMR shall continuously meet or exceed the patient care
performance standards as provided by State law and the most
current King County Patient Care Guidelines for Basic Life
Support. Additionally, AMR shall have its own Medical Direction
Program. In the event there are conflicts among these standards,
the controlling standard shall be State law, then the King County
Patient Care Guidelines, and then AMR's Medical Direction
Program.
4.3.2 Transport Protocols. AMR shall adhere to AFD transport
protocols for services performed under this Agreement.
BASIC LIFE SUPPORT - AMBULANCE
TRANSPORTATION SERVICES AGREEMENT Page 4
4.3.2.1 AMR agrees that it is the responsibility of AFD to provide
rapid initial BLS response to all requests for medical
assistance and advanced life support to medical
emergencies within the City. Except when authorized by
the AFD, AMR shall not provide rapid initial response or
advanced life support to medical emergencies within the
City covered under this Agreement.
4.3.2.2 When AMR arrives at an incident scene in response to an
AFD request, AMR's personnel shall report to the Incident
Commander, or his/her designee, in charge of the
emergency who shall, when appropriate, designate the
mode of transportation and the hospital to be utilized.
Patients in a life-threatening or potentially life-threatening
condition shall be transported to area hospitals as directed
by AFD.
4.3.2.3 AMR shall immediately request the services of AFD and, if
appropriate, King County Medic I, if AMR receives a
citizen request for emergency medical assistance. In the
event that a non-life-threatening emergency being handled
by AMR becomes an emergency requiring the services of
an ALS technician, AMR shall immediately request the
services of the AFD.
4.3.3 Liquidated Damages. In the event AMR fails to meet or exceed
patient care performance standards and transport protocols, AMR
shall pay the City liquidated damages as described in Section 7.
4.3.4 Patient Care Performance Standards Monitoring. AMR shall
ensure its personnel complete documents related to responses and
patient care, including, but not limited to, Pre-hospital Care
Reports (PCRs), Against Medical Advice Summary Audits
(AMA), and ambulance response failure/unusual occurrence forms.
Such documents shall be made available to the City upon request.
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TRANSPORTATION SERVICES AGREEMENT Page 5
AMR shall provide to the AFD by the 10th day of each calendar
month a report summarizing its patient care performance during
the preceding month. Monthly during the first three months of
operation, and quarterly thereafter, AMR and the AFD shall meet
to discuss matters of concern and to review adherence to patient
care performance standards and transport protocols. The purpose
of these meetings will be to maintain open and proactive
communications, resolve problems, and to provide an arena to
confer about patient care performance on the part of AMR or AFD
4.4 Response Time Performance
4.4.1 Standards. Every calendar month, AMR shall meet or exceed the
following standards within the City of Auburn's primary coverage
area. Response times shall be measured in minutes and seconds,
and shall be timed-stamped by AMR's computer aided dispatch
(CAD) system.
4.4.1.1 Emergency Incident Response Performance Standard.
AMR shall respond to ninety percent (90%) of all requests
within 9 minutes, 59 seconds in a "code yellow" status
unless asked to upgrade by the requesting AFD unit. The
maximum response time is 14 minutes, 59 seconds on any
request. In any instance where AMR cannot arrive within 9
minutes, 59 seconds, the AFD shall be entitled to provide
such patient transport.
4.4.1.2 Ramp-up period.
Notwithstanding the provisions hereof pertaining to time-
lines for performance standards, AMR shall have a grace
period, commencing on the effective date of this
Agreement and ending on April 15, 2006, to ramp-up its
resources to assure its ability to respond within the
performance standards time-lines, during this grace period
no penalties and liquidated damages shall be assessed.
BASIC LIFE SUPPORT - AMBULANCE
TRANSPORTATION SERVICES AGREEMENT Page 6
4.4.2 Liquidated Damages. In the event AMR's response times do not
fall within the emergency incident response performance standard,
and the City does not grant an exemption to the delay or non-
response, AMR shall pay to the City liquidated damages as
described in Section 7.
4.4.3 Performance Incentive. During a calendar month and in the event
AMR meets or exceeds a ninety percent (90%) response rate in its
primary coverage area, AFD shall waive liquidated damages
described in Section 7.1 for that month; provided, that during that
month AFD has not performed BLS transport due to AMR
exceeding the maximum response time, failing to respond, failing
to properly staff or equip unit, failing to report on-scene, or for
mechanical failure.
4.4.4 Exemption to Response Time Performance Standards. AMR
may apply and AFD may grant exemptions to response time
performance standards in situations beyond AMR's control that
cause unavoidable delays or no response. APD shall examine each
request for exemption and shall take into consideration AMR's
staffing levels, dispatch times, in-service times, traffic, street
blockages, severe weather, and other influencing factors. If AFD
determines the circumstances warrant, AFD shall grant an
exemption of the response from the performance standards. To be
eligible for such an exemption, AMR shall apply for the exemption
with supporting documentation no later than the month following
the month of the occurrence. The following subsections describe
situations where AFD will grant an exemption. The list below is
not all inclusive.
4.4.4.1 Multiple Unit/ Concurrent Response
In the event two (2) or more units are simultaneously
committed to one (1) incident, the first arriving unit shall
be held to the response time standard. APD shall grant an
exemption for each unit starting with the second unit
BASIC LIFE SUPPORT - AMBULANCE
TRANSPORTATION SERVICES AGREEMENT Page 7
provided the additional unit arrives at the scene within 20
minutes.
4.4.4.2 Concurrent Responses
In the event that two (2) units are independently committed
to two (2) independent incidents, both units shall be held to
the response time standard.
4.4.4.3 Declared Disaster. In the event an emergency is declared
as defined by Ch. 43.06 RCW, AFD shall grant an
exemption for all units during the declared emergency.
4.4.4.4 Canceled Request. In the event a request is canceled prior
to or at the unit's arrival on scene for reasons other than
exceeding the maximum response time standard, AFD shall
grant an exemption.
4.4.4.5 Response Location Errors. In the event AFD provides an
inaccurate address, or if the location does not exist, AFD
shall grant a response time exemption, except if the
incorrect response is the result of an error made by
Contractor's personnel, in that event AFD shall not grant an
exemption.
4.4.4.6 Response Location Change. In the event AFD changes the
incident location and the change delays the unit's response
time because the unit must reroute farther than one (I) city
block to respond to the call, AFD shall grant an exemption.
4.4.4. 7 Response Delayed by Accident. In the event the unit is
involved in an accident and carrnot continue to respond to
the call, AFD will grant an exemption provided the
accident is not the fault of the ambulance unit, as
determined by the Auburn Police Department of other
responding law enforcement agency.
4.4.4.8 Response Requested to Area Outside Primary Coverage
Area. In the event the City requests AMR to respond to an
area outside of its primary coverage area, AFD shall grant
BASIC LIFE SUPPORT - AMBULANCE
TRANSPORTATION SERVICES AGREEMENT Page 8
an exemption to the Emergency Response Performance
Standard on the condition that AMR use diligence to
respond to the scene within a reasonable time under the
circumstances, which diligence and reasonable time shall
be as determined by the City.
4.4.5 Response Time Performance Monitoriug. AMR shall provide to
APD by the 10th day of each calendar month, a report detailing its
response time performance during the preceding month and any
applications for exemptions. AMR shall document each instance
wherein a response resulted in a response time in excess of the
response performance standard, and shall detail the reason for such
delayed response time. Contractor shall take all steps necessary to
eliminate causes of poor response time performance and upon
request shall provide the City with a summary of such corrective
actions.
4.5 Inquiries and Complaints. AMR shall provide prompt written responses and
follow-up to inquiries and complaints. Such responses shall be subject to the
limitations imposed by patient confidentiality restrictions. Contractor shall
provide to AFD by the 10th day of each calendar month a list of all complaints
received and their respective dispositions. Copies of such complaints will be
made available to the City upon request. Any complaint received by the City
shall be forwarded to AMR for action, and AMR shall forward the disposition
of the incident to the City within twenty-one (21) days ofreceipt.
4.6 Dispatch and Communications
4.6.1 Contractor's Dispatch/Communications Equipment and
Personnel. AMR shall furnish, operate, maintain, and replace or
upgrade its dispatch and communications equipment, radios,
telephone equipment, computer aided dispatch system equipment,
including hardware and software, and all other equipment and
software necessary for its provision of emergency BLS services.
4.6.2 Computer Aided Dispatching. AMR shall utilize a CAD system
to record dispatch information for all requests for services. AMR's
BASIC LIFE SUPPORT - AMBULANCE
TRANSPORTATION SERVICES AGREEMENT Page 9
CAD system shall generate, either automatically or through
manual entry, a dispatch record using generally accepted coding
conventions and time-stamping rules. The City may reqUire
dispatch information to be provided on diskette or modem
download for integration and review. AMR shall ensure that all
dispatching and communications with its ambulance units is
conducted in a manner that meets or exceeds all federal, state, and
local requirements, including AFD's policies and procedures.
If, upon the effective date of this Agreement, AMR does not utilize
an acceptable CAD system, it shall, no later than six (6) months
after the effective date of the Agreement obtain and fully utilize an
acceptable CAD system. The failure of AMR to obtain and utilize
a CAD system within the time period provided in this subsection
shall result in liquidated damages as provided in Section 7.
4.6.3 Dispatch Communications. AMR shall record and maintain for a
minimum of 365 days by tape or other voice recording media all
radio and telephone communications with and between persons or
agencies requesting ambulance service, its units, personnel, and the
Valley Communications Center, including time track. Such
recordings and records shall be made available to the City upon
request.
4.6.4 Emergency Alerting Devices. AMR shall equip each ambulance
unit with installed radio communications equipment capable of
notifying ambulance personnel of response needs. In addition, each
ambulance unit shall contain at least one (1) portable two-way
radio to provide the driver or attendant with alerting and two-way
communications capabilities when away from the ambulance unit.
4.6.5 AMR shall not refuse to transport any person, when such person
is determined by the AFD Incident Commander to fall under the
category of having a life threatening, potentially life threatening,
or other medical emergency. Charges for services shall be made
BASIC LIFE SUPPORT - AMBULANCE
TRANSPORTATION SERVICES AGREEMENT Page 10
only to a patient actually transported by Contractor. Under no
circumstances shall the City have any liability whatsoever for
AMR's transportation of the patient, or cost incurred by AMR
whether or not they transport.
4.6.6 AMR shall transport a patient to a medical facility or hospital as
directed by AFD personnel or to a hospital of the patient's
choice. If Hospital Control designates a specific hospital in a
multiple casualty incident or by a paramedic or higher medical
authority at the scene of the emergency, AMR shall transport the
patient to that facility. All patients in life-threatening, potentially
life-threatening, or other serious medical emergencies may be
transported to area hospitals by AFD aid units, medic units, or
ambulances as determined by the AFD Incident Commander.
4.6.7 AMR shall not install or operate any device or means on its units
that can be utilized to control traffic signaling devices, including,
but not limited, to Opticoms.
4.7 Vehicle Markings and Advertising Restrictions. Markings on ambulance
units shall not include seven (7) or ten (10) digit phone numbers or other
advertising. The only telephone number allowed is "9-1-1". AMR's standard
logo, including its name, is permitted. Temporary display applications must be
approved by AFD prior to use.
4.8 Equipment Maintenance.
4.8.1 AMR shall be solely responsible for furnishing all equipment and
parts for the maintenance of vehicles, on board equipment,
supplies, and facilities used by AMR in performance of its work.
4.8.2 All equipment and supplies used by AMR must meet and comply
with all standards established by federal, state, and local laws,
rules, and regulations.
4.8.3 AMR shall be responsible for its radio system, channel selection,
securing, authorization for use, and the proper operation of the
radio system.
4.9 Contractor's Personnel.
BASIC LIFE SUPPORT - AMBULANCE
TRANSPORTATION SERVICES AGREEMENT Page 11
4.9.1 Staffing. For each ambulance unit responding to requests for BLS
service, AMR shall have at least two (2) personnel who are
certified and accredited as Emergency Medical Technicians-B
CEMT-B").
4.9.2 Character aud Competence of Personnel. AMR will ensure that
its personnel conduct themselves in a professional and courteous
manner. AMR's personnel shall be competent and shall hold all
required licenses, permits and certificates in their respective trades
or professions. AMR's personnel shall wear uniforms that clearly
identify AMR's business name as well as the name of the
particular employee. All personnel shall have a neat, clean
appearance, shall be courteous to patients, shall refrain from
unprofessional conduct or the use of foul language, and shall abide
by all applicable federal, state, and City laws and regulations. The
City may demand the removal of any employee or subcontractor of
Contractor, subject to appropriate investigation and determination,
for misconduct or incompetent or negligent performance. Such
persons shall not be allowed to perform services under this contract
without the written consent ofthe City.
4.10 Outside Work. AMR may do other work within the City limits (e.g.,
scheduled transports, non-ambulance medical transportation, special event
standby coverage, HMO/Government contract work, etc.); provided, the
outside work does not materially affect AMR's peak load capacity, disaster
readiness, and overall efficiency, and does not detract from AMR's primary
service responsibilities to the City.
4.11 Back-up Work. AMR may provide back-up ambulance services outside of
the City limits, but shall not utilize the equipment, personnel, or resources,
which are the subject of this Agreement, for providing primary ambulance
coverage outside the City limits.
4.12 Major Emergency and Disaster Response within the City, KCFPD #31 or
other jurisdictions covered by the Auburn Fire Department.
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TRANSPORTATION SERVICES AGREEMENT Page 12
4.12.1 Major Emergency or Disaster Declared. In the event the Fire
Chief, Mayor and/or Emergency Manager determine there is a
major emergency or disaster, AFD may notify AMR that the
normal course of business under the Agreement may be
interrupted. Immediately upon such notification, AMR shall
commit such resources as are requested by AFD and reasonably
available by AMR, given the nature of the incident, and shall assist
in accordance with applicable disaster plans and protocols.
4.12.2 Response Time Performance Standards. AMR shall be released
by the City from response time performance standards and liquidated
damages, until notified by the City, that such disaster assistance may be
terminated; provided, however, that AMR shall use due diligence to
respond to the scene in an expeditious manner.
4.12.3 City-High Priority. AMR acknowledges that the City is entering
into this Agreement with AMR for the benefit of the public. AMR shall
consider the City as a customer of high priority and shall make its best
effort to provide emergency and non-emergency BLS services to the City
in a timely manner. AMR shall develop a mechanism for the immediate
recall of personnel to staff units during multi-casualty situations, times of
peak overload, or major emergency and disaster situations. This plan shall
include the ability of AMR to alert off-duty personnel.
4.12.4 Major Emergeucy or Disaster Termiuated. When major
emergency or disaster assistance has been terminated, AMR shall
resume normal operations as rapidly as is practical considering
exhaustion of personnel, need for restocking, and other relevant
considerations.
4.13 Incident Response to Other Local Jurisdictious. In the event an Auburn
Fire Official determines an incident affects a local or neighboring jurisdiction,
AFD may notify AMR that the normal course of business under the
Agreement may be interrupted. Immediately upon such notification, AMR
may commit such resources as are requested by AFD, given the nature of the
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TRANSPORTATION SERVICES AGREEMENT Page 13
incident, and shall assist m accordance with disaster plans and protocols
applicable in the locality where the disaster has occurred.
Normal (i.e., not disaster related) mutual aid or multi-casualty incident
assistance rendered by AMR shall be performed in accordance with approved
instant aid/mutual aid agreements, and EMS agency policies and procedures.
In the course of rendering such instant aid/mutual aid services, AMR shall not
automatically be exempt from response time standards otherwise imposed by
this Agreement. AMR shall manage any response to such instant aid/mutual
aid requests in a marrner that does not jeopardize AMR's ability to render
response time performance as required herein.
4.14 Inspectious.
4.14.1 Examination and Audit of Records. At any time during normal
business hours and as often as may reasonably be deemed
necessary, City representatives and the EMS Medical Director(s)
may observe AMR's operations. Additionally, AMR shall make
available for examination and audit, with 15 days prior written
notice, all contracts, invoices, materials, payrolls, inventory
records, records of personnel (with the exception of confidential
personnel records), daily logs, conditions of employment, all
operational and procedure policy manuals, excerpts or transcripts
from such records, all relevant fiscal records and other data related
to all matters covered by this Agreement except as prohibited by
law.
4.14.2 Observe Operations and Ride Along. City representatives and
the EMS Chief, may, at any time, and without notification, directly
observe Contractor's operation of its EMS Communications
Center, maintenance facility, and any ambulance post location. A
City representative and the EMS Chief, may, after providing at
least five minutes notice, ride as third person on any of AMR's
ambulance units, provided however, that in exercising this right to
inspection and observation, such representatives shall conduct
BASIC LIFE SUPPORT - AMBULANCE
TRANSPORTATION SERVICES AGREEMENT Page 14
themselves in a professional and courteous manner, shall not
interfere in any way with Contractor's personnel in the
performance of their duties and contractual responsibilities, shall,
at all times, be respectful of Contractor's employer/employee
relationship and abide by all HIP AA regulations.
4.14.3 Time and Notification. The City's right to observe and inspect
Contractor's business office operations or records shall be
restricted to normal business hours, and reasonable notification
shall be given by Contractor in advance of any such visit.
4.14.4 Cooperation. AMR will cooperate with and respond to the AFD,
the AFD EMS Chief and the City on all matters related to the
provIsIOn of emergency and non-emergency BLS ambulance
services.
4.15 Billing, Collection, and Reporting. AMR shall be responsible for all
billing and collection functions related to services rendered pursuant to
this Agreement. AMR shall perform all such billing and collection
functions in a professional and courteous manner and in accordance "ith
applicable federal, state, and local laws, regulations, procedures and
policies including, without limitation, collection and credit reporting laws.
AMR will not attempt to collect fees at the scene, en route, or upon
delivery of the patient to a health facility for services rendered.
Section 5. Contractor Rates
5.1 Compensation. AMR's sole financial compensation for services rendered
under this Agreement shall be the rates billed and collected from patients and
responsible third parties. The City, local taxes, or subsidies shall not fund any
services provided by Contractor.
5.2 Rates to be Filed. AMR shall file with the City Clerk and the Fire Official its
schedule of rates to be charged for services during the period of this
Agreement. The schedule of rates shall be a matter of public record open to
public inspection in the City Clerk's Office. The schedule of rates must be
adhered to by AMR. If rates are periodically adjusted during the business
license period, they must be filed with the City Clerk. It is provided, however,
BASIC LIFE SUPPORT - AMBULANCE
TRANSPORTATION SERVICES AGREEMENT Page 15
that in no event shall the provision of care for ambulance service by AMR be
based upon or affected by the individual's insurance status, economic status,
or ability to pay for medical services.
Section 6.0. Contractor Payments to the City
6.1 Monthly Payment. By the 10th day of every calendar month, AMR shall
make a payment of $ 3,085 per month to the City. Payment shall be made
payable to the "City of Auburn" to cover the City's costs of administering this
Agreement. The City represents that $3,085 is fair market value for the costs
of administering this Agreement. Such costs include, but are not limited to,
the following:
6.1.1 The City's costs associated with monitoring Contractor's
compliance with this Agreement; and
6.1.2 The City's incremental costs associated with quality control.
6.2 Adjusted for Iuflation. The monthly payment amount shall be annually
adjusted on the anniversary of the Effective Date of this Agreement using the
preceding calendar year's annual Consumer Price Index for all urban
consumers Seattle- Tacoma-Bremerton metropolitan area as determined by the
U.S. Department of Labor, Bureau of Labor Statistics, to eliminate the effects
of inflation. On the annual anniversary date of this Agreement, the City shall
provide AMR with a letter delineating the bases for the montWy payments in
order to satisfy Medicare requirements.
Section 7. Liquidated Damages
This Agreement provides for the payment of liquidated damages in certain
circumstances of non-performance, breach, and default. Each party agrees that the damaged
party's actual damages in each such circumstance would be difficult or impossible to
ascertain, and that the liquidated damages provided for herein with respect to each such
circumstance are intended to place the damaged party in the same economic position as it
would have been in had the circumstance not occurred. Nothing in this section shall be
construed to limit any remedies, including termination, provided for herein with respect to
any non-performance, breach, or default by AMR. Each and every call that does not
adhere to the scope of services - performance standards shall first be classified as an
alleged performance failure. Each alleged performance failure shall be investigated by
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AMR and evaluated by City. The City shall determine whether there were appropriate or
acceptable extenuating circumstances that caused or significantly contributed to the
performance failure. AMR shall pay liquidated damages to the City for all performance
failures that are determined to be the fault of AMR and not the result of an extenuating
circumstance. All payments for liquidated damages shall be made payable to the "City of
Auburn. "
7.1 Liquidated Damages for Emergency Request. For any individual response
to a request that exceeds 9 minutes, 59 seconds, AMR shall be assessed
liquidated damages at a rate of fifty dollars ($50) per minute, or fraction
thereof, for each minute to a maximum of two hundred fifty dollars ($250).
7.2 Liquidated Damages for Failure to Respond. In the event AMR fails or is
unable to respond, AMR shall be assessed liquidated damages of five hundred
dollars ($500) per incident.
7.3 Liquidated Damages for Failure to Properly Staff Unit. In the event AMR
fails to staff any ambulance unit pursuant to subsection 4.9.1, AMR shall be
assessed five hundred dollars ($500) per unit hour or portion thereof.
7.4 Liquidated Damages for Failure to Furnish Required Documentation. In
the event Contractor fails to furnish required information, reports, or
documentation within the time period specified by this Agreement or by the
City's request, the City may, at its option, impose liquidated damages of fifty
dollars ($50) per day for each item of such information, report, or document.
Such liquidated damages shall not be applied in cases where the cause of such
reporting deficiency was beyond AMR's reasonable control, as determined by
and in the sole discretion of the City.
7.5 Liquidated Damages for Mechanical Failure. If an ambulance vehicle
experiences a mechanical failure (breakdown) while transporting a patient to a
hospital, AMR shall be assessed liquidated damages of Five Hundred Dollars
($500.00) except when AMR has provided timely and appropriate patient
transfer and when AMR has properly maintained the vehicle, which
appropriateness of patient transfer and proper vehicle maintenance shall be as
determined by the City.
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7.6 Liquidated Damages for Failure of Crew to Report. AMR shall be assessed
liquidated damages of Fifty Dollars ($50) for failure of the ambulance crew to
report their on-scene arrival to its dispatcher for any of its calls. AMR shall be
assessed liquidated damages of five hundred dollars ($500) for each incident
where AFD determines that the crew, dispatchers, or management personnel
of AMR reported a false on-scene arrival time.
7.7 Liquidated Damages for Failure to Obtain and Utilize CAD. AMR shall be
assessed liquidated damages of Two Hundred Fifty Dollars ($250) per day for
failure to utilize an acceptable CAD system within six (6) months of the
effective date of this Agreement.
7.8 Aggregated Failure. If in any contract year AMR maintains a response time
performance level at less than 90% montWy compliance in any four (4)
months or two (2) consecutive months, the City shall have the right to
terminate this Agreement.
7.9 Invoicing and Payment of Liquidated Damages. No more frequently than
monthly and at least quarterly, the City shall invoice Contractor for any
liquidated damages assessed during the prior period. AMR shall pay the
liquidated damages within 30 days of receipt of invoice. In the event the City
fails to invoice within 30 days of the end of the prior period, the liquidated
damages shall be deemed waived for the period.
7.10 Appeal of Liquidated Damages Assessment. AMR may request that the
City's Contract Administrator reconsider imposition of liquidated damages.
In instances when the City's Contract Administrator reviewed the
circumstances for imposing liquidated damages and determined that the
grounds were sufficient to justifY the imposition of the liquidated damages,
AMR shall have the right to appeal such determination to the Auburn Fire
Official. The Contract Administrator shall report the reasons for the
determination to impose liquidated damages to the Auburn Fire Official. The
ruling of the Auburn Fire Official shall be final.
Section 8. Termination
8.1 Written Advance Notice. Either party may terminate this Agreement by
providing ninety (90) days advance written notice to the other party of that
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party's intent to terminate. A breach of the terms of this agreement need not
occur to terminate under this section. If this Agreement is terminated, the City
of Auburn has the right to offer the remainder of the existing Agreement and
it's extensions to an existing Contractor within the City for right of first
refusal.
In the event that AMR chooses to exercise its right to terminate under this
section, it shall pay to the City a penalty of Ten Thousand Dollars ($10,000),
to offset the City's costs in procuring a new contractor. This will be the City's
sole remedy for such termination.
8.2 AMR Breach and Provisions for Early Termination. Conditions and
circumstances that constitute a breach of the Agreement include, but are not
limited to, the following:
8.2.1 Failure of AMR to perform III accordance with any of the
provisions of this Agreement.
8.2.2 Failure of AMR to operate the system in a manner that enables the
City and AMR to remain in compliance with federal or state laws,
rules, or regulations.
8.2.3 Falsification of information supplied by AMR during the term of
this Agreement, including but not limited to altering the
presumptive run code designations to enhance AMR's apparent
performance or falsification of any other data required under the
contract.
8.2.4 Creating patient responses or transports so as to artificially inflate
run volumes.
8.2.5 Failure of AMR to provide data generated in the course of
operations, including but not limited to dispatch data, patient report
data, response time data, or financial data.
8.2.6 Excessive and unauthorized scaling down of operations to the
detriment of performance during the period between the decision
to terminate this Agreement and the actual effective date of such
termination.
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8.2.7 Failure of Contractor's personnel to conduct themselves in a
professional and courteous marrner and present a professional
appearance.
8.2.8 Failure of AMR to maintain equipment III accordance with
manufacturer recommended maintenance procedures.
8.2.9 Failure of AMR to cooperate with and assist the City after breach
has been declared.
8.2.10 Acceptance by AMR or AMR's personnel of any bribe, kickback
or consideration of any kind in exchange for any consideration
whatsoever, when such consideration or action on the part of AMR
or AMR's personnel could be reasonably construed as a violation
of federal, state, or local law.
8.2.11 Payment by AMR or any of AMR's personnel of any bribe,
kickback, or consideration of any kind to any federal, state, or local
public official or consultant in exchange for any consideration
whatsoever, when such consideration could be reasonably
construed as a violation of any federal, state, or local law.
8.2.12 Failure of AMR to meet the standard of care as established by this
Agreement.
8.2.13 Failure of AMR to maintain msurance in accordance with this
Agreement.
8.2.14 Failure of AMR to meet response time requirements as set forth in
this Agreement.
8.2.15 The filing of any bankruptcy or any other similar action, which, in
the opinion of the City, places the performance of the contract at
risk.
8.2.16 Failure to submit reports and information under the terms and
conditions outlined in this Agreement.
Section 9. City's Remedies
9.1 If conditions or circumstances constituting a breach as set forth above are
determined to exist, the City shall have all rights and remedies available at law
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TRANSPORTATION SERVICES AGREEMENT Page 20
or in equity under this Agreement, specifically including the right to terminate
the Agreement.
Section 10. Process for Termination of Contract Due to Breach
10.1 In the event of breach, the City will give AMR written notice, return receipt
requested, setting forth with reasonable specificity the nature of the breach.
Within five (5) calendar days of receipt of such notice, AMR will deliver to
the City, in writing, a plan to cure such breach. The plan will be updated, in
wTiting, every five (5) calendar days until the breach is cured. AMR shall have
the right to cure such breach within thirty (30) calendar days of receipt of
notice of breach. If AMR fails to cure such breach within the time period
allowed for cure (such failure to be determined by the sole and absolute
discretion of the City), or AMR fails to timely deliver the cure plan, or
updates to the City, the City may immediately terminate the Agreement. AMR
will cooperate completely and immediately with the City to effect a prompt
and orderly transfer of all responsibilities to the City.
10.2 AMR will not be prohibited from disputing any findings of breach through
litigation; provided, however, that such litigation will not have the effect of
delaying, in any way, the immediate transfer of operations to the City. These
provisions will be specifically stipulated and agreed to by both parties as
being reasonable and necessary for the protection of public health and safety.
Any legal dispute concerning the finding that a breach has occurred will be
initiated and shall take place only after the transfer of operations to the City
has been completed, and will not, under any circumstances, delay the process
of transferring operations to the City.
10.3 AMR's cooperation with and full support of the City's termination of the
Agreement will not be construed as acceptance by AMR of the finding of
breach. However, failure on the part of AMR to cooperate fully with the City
to effect a smooth and safe transition shall itself constitute a breach of
contract.
10.4 In the event an agreement with one contractor is terminated, the remaining
contractor shall have the right to assume the territory served by the terminated
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contractor. The intent to assume such territory shall be provided to the City in
writing within fourteen (14) days of receiving notice from the City of the
termination of the other contractor.
Section 11. "Force majeure" Provisions
Either party may terminate this Agreement and be fully relieved from any obligations
hereunder where the party's ability to fully perform its obligations under this
Agreement because of extraordinary event beyond the control of the parties, such as
flood, war, riot, act of God, change in the law or decisions of any competent judicial
forum that prevents one or both parties from fulfilling their obligations under the
Agreement.
Section 12. Transitiou Period Provisions.
12.1 Should AMR fail to prevail in a future procurement cycle, AMR will agree to
continue to provide all services required in and under the Agreement until a
new contractor assumes service responsibilities. To assure continued
performance fully consistent with the requirements of the Agreement through
any such period, the period between the decision to terminate this Agreement
and the actual effective date of such termination, the following provisions will
apply:
12.2 AMR will continue all operations and support services at the same level of
effort and performance that were in effect prior to the award of the subsequent
agreement to a competing provider.
12.3 AMR will make no changes in methods of operation which could reasonably
be considered to be aimed at cutting AMR services and operating costs to
maximize profits during the final stages of the Agreement.
12.4 The City recognizes that if a competing provider should prevail in a future
procurement cycle, AMR may reasonably begin to prepare for transition of the
service to a new contractor. The City will not unreasonably withhold its
approval of AMR's request to begin an orderly transition process, including
reasonable plans to relocate staff, scale down certain inventory items, etc. as
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TRANSPORTATION SERVICES AGREEMENT Page 22
long as such transition activity does not impair AMR's performance during
this period.
Section 13. Proprietary and Confidential Information.
AMR acknowledges that the City is required by law to make its records available for
public inspection, with certain exceptions (see RCW Chapter 42.17). City staff believes
that this legal obligation would not require the disclosure of proprietary descriptive
information that contains valuable designs, drawings, or formulas. AMR, by submission
of materials marked proprietary and confidential, nevertheless acknowledges and agrees
that the City will have no obligation or any liability to AMR in the event that the City
must disclose these materials.
Section 14. Indemnification.
AMR does hereby release and shall defend, indemnify, and hold the City and its
employees and agents harmless from all losses, liabilities, claims, costs (including
attorneys' fees), actions or damages of any sort whatsoever arising out of AMR's
performing the services contemplated by this Agreement except to the extent attributable
to the negligent acts or omissions of the City. The indemnification provided for in this
section shall survive any termination or expiration of this Agreement. If any employee of
AMR brings any action against the City, the indemnification obligation of AMR set forth
in this section shall not be limited by a limit on the amount or type of damages,
compensation or benefits payable by or for AMR under RCW Title 51, the Industrial
Insurance Act, or any other employee benefit act. In addition, solely for the purpose of
giving full effect to the indemnities contained herein and not for the benefit of AMR's
employees or any third parties, AMR waives its immunity under RCW Title 51. AMR
acknowledges that the foregoing waiver was mutually negotiated.
Section 15. Insurance.
AMR shall procure and maintain for the duration of the Agreement, insurance of the
types and in the amounts described in Exhibit A attached and incorporated by this
reference.
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Section 16. Compliance with Law.
16.1 General Requirement. AMR, at its sole cost and expense, shall perform and
comply with all applicable laws of the United States and the State of
Washington, the municipal code and ordinances of the City, and rules,
regulations, orders, and directives of their administrative agencies and the
officers thereof. Without limiting the generality of this paragraph, AMR shall
specifically comply with the following requirements of this section.
16.1.1 Licenses and Similar Authorizations. AMR, at no expense to the
City, shall secure and maintain in full force and effect during the
term of this Agreement all required licenses, permits, and similar
legal authorizations, and comply with all requirements thereof.
16.1.2 Taxes. AMR shall pay, before delinquency, all taxes, levies, and
assessments arising from its activities and undertakings under this
Agreement; taxes levied on its property, equipment and
improvements; and taxes on AMR's interest in this Agreement.
16.1.3 Use of Recycled Content Paper. AMR shall, whenever
practicable, use recycled content paper on all documents submitted
to the City.
Section 17. Contractual Relationship.
This Agreement does not constitute AMR as an agent or legal representative of the City
for any purpose whatsoever, and the relationship of AMR to the City by reason of this
Agreement shall be that of an independent contractor. AMR is not granted any express or
implied right or authority to assume or create any obligation or responsibility on behalf of
or in the name of the City or to bind the City in any manner or thing whatsoever. Both
parties, in the performance of the Agreement, will be acting in their individual capacities
and not as agents, employees, partners, joint ventures or associates of one another. The
employees, subcontractors, or agents of one party shall not be deemed or construed to be
the employees, subcontractors, or agents of the other party for any purpose whatsoever.
AMR shall ensure that all AMR's employees, subcontractors, and agents are properly
trained and fully equipped to perform their assigned tasks.
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Section 18. Discrimination.
In the hiring of employees for the performance of work under this Agreement or any sub-
contract, AMR, its sub-contractors, or any person acting on behalf of AMR or sub-
contractor shall comply with all applicable federal, state and local discrimination laws.
Section 19. Assignment and Subcontracting.
AMR shall not assign or subcontract any of its obligations under this Agreement without
the City's prior written consent. The City's written consent may be granted or withheld
in the City's sole discretion. Any subcontract made by AMR shall incorporate by
reference all the terms of this Agreement. AMR shall ensure that all subcontractors
comply with the obligations and requirements of this Agreement. The City's consent to
any assignment or subcontract shall not release AMR from liability under this
Agreement, or from any obligation to be performed under this Agreement, whether
occurring before or after such consent, assignment, or subcontract.
Section 20. Amendments.
No modification or amendment of the provisions hereof shall be effective unless in
writing and signed by authorized representatives of the parties hereto. The parties hereto
expressly reserve the right to modify this Agreement, from time to time, by mutual
agreement.
Section 21. Executory Agreement.
This Agreement will not be considered valid until signed by both parties.
Section 22. Bindiug Effect.
The provisions, covenants and conditions in this Agreement apply to bind the parties,
their legal heirs, representatives, successors, and assigns.
Section 23. Applicable Law.
This Agreement shall be construed and interpreted in accordance with the laws of the
State of Washington. The venue of any action brought hereunder shall be in the Superior
Court for King County.
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Section 24. Remedies Cumulative.
Remedies under this Agreement are cumulative; the use of one remedy shall not be taken
to exclude or waive the right to use another.
Section 25. Captions.
The titles of sections are for convenience only and do not define or limit the contents.
Section 26. Severability.
If any term or provision of this Agreement shall, to any extent, be determined by a court
of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement
shall not be affected thereby, and each term and provision of this Agreement shall be
valid and enforceable to the fullest extent permitted by law.
Section 27. Waiver.
No covenant, term, or condition or the breach thereof shall be deemed waived, except by
written consent of the party against whom the waiver is claimed, and any waiver of the
breach of any covenant, term, or condition shall not be deemed to be a waiver of any
preceding or succeeding breach of the same or any other covenant, term, or condition.
Acceptance by the City of any performance by AMR after the time the same shall have
become due shall not constitute a waiver by the City of the breach or default of any
covenant, term, or condition unless otherwise expressly agreed to by the City in writing.
Section 28. Entire Agreement.
This document, along with any exhibits and attachments, constitutes the entire agreement
between the parties with respect to the scope of work herein. No verbal agreements or
conversations between any officer, agent, associate, or employee of the City and any
officer, agency, employee, or associate of AMR prior to the execution of this Agreement
shall affect or modify any of the terms or obligations contained in this Agreement.
Section 29. Negotiated Agreement.
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The parties to this Agreement acknowledge that it is a negotiated agreement, that they
have had the opportunity to have this Agreement reviewed by their respective legal
counsel, and that the terms and conditions of this Agreement are not to be construed
against any party on the basis of such party's draftsmanship thereof.
Section 30. Breach of Agreement.
The City considers any breach of the Agreement serious and will seek remedies
commensurate with the severity and magnitude of the event. Remedies could include but
are not limited to corrective measures, liquidated damages, probation or suspension, or
termination of the Agreement. It is the intent and desire of the City to maintain a good
working relationship with AMR while at the same time ensuring service to the
community.
Section 31. Addresses for Notices.
All notices to be delivered hereunder shall be in writing and shall be delivered or mailed
to the following addresses:
If to City:
Mayor or designee
Auburn City Hall
25 West Main Street
Auburn, WA 98001
and to:
If to Contractor:
Bob Berschauer,
Director of Operations, AMR
13075 Gateway Drive, Suite 100
Seattle, W A 98168
and to:
Legal Department
American Medical Response, Inc.
6200 South Syracuse Way, Suite 200
Greenwood Village, CO 80111
Contract Administrator
Auburn Fire Department
Fire Station No. 31.
1101 D Street NE
Auburn, W A 98002
or such other respective addresses as may be specified herein or as either party may,
from time to time, designate in writing.
Section 32. Disputes.
Any disputes or misunderstandings that may anse under this Agreement concerlllng
AMR's performance shall first be resolved through amicable negotiations, if possible,
between AMR's Project Manager and the City's Contract Administrator, or if necessary
shall be referred to the Fire Chief and AMR's senior executive(s). If such officials do not
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TRANSPORTATION SERVICES AGREEMENT Page 27
agree upon a decision within a reasonable period of time, the parties may pursue other
legal means to resolve such disputes, including but not limited to alternate dispute
resolution processes.
Section 33. Authority.
Each party has full power and authority to enter into and perform this Agreement, and the
person signing this Agreement on behalf of each party has been properly authorized and
empowered to enter into this Agreement. Each party further acknowledges that it has
read this Agreement, understands it, and agrees to be bound by it.
IN WITNESS WHEREOF, the City and Contractor have caused this Agreement to be
executed.
,..-.
-
..
--
-l
CONTRACTOR: Laidlaw Medical
Transportation, Iuc.
CITY' of Auburn
J ~~
L.~:~:/~'~ --
Print Name: Louis K. Mever. Vice-President
Date: jlifa
Peter
Date: JAN 2 3 2006
Attest:
\tltSi:! c!:Jd~
e E. Daskam, City Clerk
By:
Print Name:
Date:
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TRANSPORTATION SERVICES AGREEMENT Page 28
EXHIBIT "A"
INSURANCE REQUIREMENT
Insurance
AMR shall procure and maintain for the duration of the Agreement, insurance against
claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by AMR, its agents,
representatives, or employees.
A. Minimum Scope of Insurance
AMR shall obtain insurance of the types described below:
1. Automobile Liabilitv insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office
(ISO) form CA 00 01 or a substitute form providing equivalent liability
coverage. If necessary, the policy shall be endorsed to provide contractual
liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 Oland shall cover liability arising from premises,
operations, independent contractors and personal injury and advertising
injury. The City shall be named as an insured under AMR's Commercial
General Liability insurance policy with respect to the work performed for
the City.
3. Excess Liabilitv insurance covering both the Commercial General
Liability and Automobile policies. With limits not less than $4,000,000 in
excess of the limits cited above.
4. Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
5. Professional Liabi1itv insurance appropriate to the Contractor's profession.
B. Minimum Amounts ofInsurance
AMR shall maintain the following insurance limits:
1. Automobile Liabilitv insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no
less than $1,000,000 each occurrence, $2,000,000 general aggregate.
3. Excess Liability insurance shall be written with limits no less than
$4,000,000 per occurrence in excess of both the CGL and Auto Liability
policies cited above.
4. Professional Liabilitv insurance shall be written ",ith limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit.
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C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability, Professional Liability and Commercial General
Liability insurance:
1. AMR's insurance coverage shall be primary insurance as respect the City.
Any insurance, self-insurance, or insurance pool coverage maintained by
the City shall be excess of AMR's insurance and shall not contribute with
it.
2. AMR's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice
by certified mail, return receipt requested, has been given to the City.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
A:VII.
E. Verification of Coverage
AMR shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of AMR before commencement
of the work.
Evidence of Insurance - The following documents must be provided as evidence of
msurance coverage:
1. A copy of the policy's declarations pages, showing the Insuring Company,
policy effective dates, limits of liability and the Schedule of Forms and
Endorsements. The City reserves the right to require a copy or certified
copy of said policy or policies including all forms and endorsements
attached.
2.. A copy of the endorsement naming the City of Auburn as an Additional
Insured (excluding Professional Liability Insurance), showing the policy
number, and signed by an authorized representative of the insurance
company on Form CG2026 (ISO) or equivalent.
3. A copy of the "Endorsements Form List" to the policy or policies showing
endorsements issued on the policy, and including any company-specific or
manuscript endorsements.
4. A copy of an endorsement stating that the coverage's provided by this
policy to the City or any other named insured shall not be terminated,
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TRANSPORTATION SERVICES AGREEMENT Page 30
reduced or otherwise materially changed without providing at least forty-
five (45) days prior written notice to the City of Auburn.
5. A copy of a "Separation of Insured's" or "Severability of Interest's"
clause, indicating essentially that - except with respect to the limits of
insurance, and any rights or duties specifically assigned to the first named
insured, this insurance applies as if each named insured were the only
named insured, and separately to each insured against whom claim is
made or suit is brought (Commercial General Liability & Business
Automobile Liability Insurance).
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