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HomeMy WebLinkAbout129298 EMERGENCY PHYSICIAN OF FORT COLLINS - CONTRACT - CONTRACT - 3305959PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Dr. Daniel Turner, M.D., hereinafter referred to as "Professional". W ITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of one (1) page, and incorporated herein by this reference. 2. Contract Period, This Agreement shall commence upon signing of this contract, and shall continue in full force and effect until December 31, 2003 unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional one year period. Pricing changes shall be negotiated by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office. Written notice of renewal shall be provided to the Professional and mailed no later than ninety (90) days prior to contract end. 3. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: PSA 10/97 Professional: City: With Copy to: Dr. Daniel Turner City of Fort Collins Purchasing Karen Carlson Emergency Physicians of Fort Collins PO Box 580 Fort Collins Police 1024 Lemay Fort Collins, CO 80522 Services Fort Collins, CO 80524 PO Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 4. Design, Proiect Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees and the parties to the "Intergovernmental Agreement Concerning Appointment of Medical Director for the Emergency Medical Dispatch Program" (Larimer County and Colorado State University System) ("the County" and "CSU", in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City and the County and CSU; and for the City's, the County's, and CSU's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's performance of any of the services furnished under this Agreement. The Professional shall maintain medical malpractice insurance in the amount of $1,000,000. 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of Seven Thousand Two Hundred Twenty-eight Dollars ($7,224) Medical Director funding, plus up to One Thousand Five Hundred Dollars ($1,500) for the purchase of Navigator (or other appropriate EMD conference) and PSA 10/97 2 training materials. All such fees and costs shall not exceed Eight Thousand Seven Hundred Twenty-four Dollars ($8,724). Payments for conferences, training and purchase of Navigator, or other appropriate EMD conference and materials, will be reimbursed based upon the Professional's billings and itemized statements. Partial payments for Medical Director funding based upon the Professional's billings and itemized statements are permissible. It is understood by the parties that Professional's billings and itemized statements will include payment for services rendered beginning January 1, 2003 through December 31, 2003. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 6. City Representative. The City designates Karen Carlson, FCPS Communications Manager, as its project representative who shall make, within the scope of her authority, all necessary and proper decisions with reference to the services. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 7. Status Reports. Commencing thirty (30) days after the date of execution of this Agreement, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information performed by the Professional from January 1, 2003 to date of execution of this agreement. A final status report shall be provided by the Professional at the end of the contract period. Failure to provide any required report may, at the option of the City, suspend the processing of any partial payment request. 8. Independent Contractor. The services to be performed by Professional are those of PSA 10/97 3 an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 9. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 10. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period often (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire PSA 10/97 rd agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. PSA 10/97 5 CITY OF FORT COLLINS, COLORADO, a Municipal corporation By: t Jam s B. O'Neill II, CPPO, FNIGP Direc r of urchasing & Risk Management DATE: �% zz 0 Dr. Danie ner By: Title: h0 6 MEDICAL DIRECTOR OF THE EMD PROGRAM Date: q// 9z 03 ATTEST: (Corporate Seal) Corporate Secretary PSA 10/97 -]EXHIBIT "A" DUTIES AND RESPONSIBILITIES OF MEDICAL DIRECTOR FOR EMERGENCY MEDICAL DISPATCH 1. Shall act as the Physician Advisor for Emergency Medical Dispatch issues at the following Public Safety Answering Points: Colorado State University Police Department Communications Center Larimer County Sheriffs Office Communications Center Poudre Emergency Communications Center 2. The Physician Advisor is empowered with control over medical policies, procedures and decisions in the Emergency Medical Dispatch systems. This does not include changes to the medical protocol cards. 3. Shall attend and participate in the Steering Committee (and Medical Dispatch Review Committee and QIU as needed) meetings and provide sound medical direction to these groups when reviewing requests for potential protocol and policy changes regarding EMD. 4. Shall assist the Quality Assurance personnel when they request or need guidance and/or direction from the physician director. 5. Understands that each agency will have a physician advisor for the Emergency Medical Services (EMS) and it may be necessary to confer with that physician advisor on matters specific to field response of the agency. 6. Shall provide input and guidance to the P.S.A.P. regarding regional and national trends. This may include attending M.P.D. appropriate conferences.