Loading...
HomeMy WebLinkAbout4.95 Original ContractPROFESSIONAL SERVICES CONTRACT THIS CONTRACT is made this c2 day of April, 2010, by and between the City of Port Angeles, hereinafter referred to as "City and the Clallam County Emergency Medical Services Trauma Care Council, Inc., hereinafter called "Council AGREEMENTS NOW, THEREFORE, in consideration of the payments, covenants and agreements hereinafter recited to be made and performed by the parties hereto, the parties covenant and agree as follows: 1. Scone of Services. The Council will provide the City with the services of its designated medical program director, hereinafter called "Director The Director shall be a licensed physician certified by the Department of Health Emergency Medical Services Section in conjunction with the State Emergency Medical Services Committee and shall meet all applicable qualifications of Chapter 18.71 RCW and Chapter WAC 246- 976 -920. The Director shall be responsible for: A. Providing medical control and direction of EMS personnel in their medical duties, by oral or written communication; B. Developing and adopting written patient care protocols to direct EMS personnel in patient care; C. Training or supervising the training of all advanced life support (ALS) personnel, providing each month an appropriate in- service training session or lecture; D. Developing and reviewing EMS system treatment, triage and transfer protocols; 1 L4.5 E. Identifying and defining the medically related duties and responsibilities of EMS system providers; F. Establishing and coordinating the development and implementation of education programs and clinical facilities for EMS training; G. Periodically auditing educational performance and skill maintenance of field personnel; H. Holding each month an appropriate run review with advanced life support (ALS) personnel; I. Making appropriate recommendations regarding certification, re- certification, or decertification of certified EMS personnel; J. Establishing protocols for storing, dispensing, and administering controlled substances, in accordance with state and federal regulations and guidelines; K. Conducting examinations to determine the knowledge and abilities of paramedic personnel prior to recommending applicants for Clallam County certification and/or hire; L. Providing a monthly report to the Council outlining the director's activities; and M. All other medical matters, training and medical control of EMS personnel as defined in Chapter 18.73 RCW and Chapter 246 976 -920 WAC. 2. Training Run Review Schedule. The Director shall submit an annual training In- service Run Review schedule by December 1 for the following year. Any cancellations to the submitted schedule shall be provided with not less than 30 days notice except in the case of documented emergencies. An alternate date shall be provided at the time of cancellation. 3. Duration of Contract. The duration of this Contract shall be for one year. However, the Contract shall be automatically continued from year to year unless terminated as provided below. 2 4. Termination. Either party can terminate this Contract by providing a letter of intent to terminate with not less than 30 days notice prior to the termination date. Said letter shall be sent to the governing body at the affected entity. 5. Compensation and Method of Payment. In consideration for the services rendered as specified in Section 1 of this Contract, the City shall pay the Council the sum of $250.00 annually, to be paid prior to January thirty -first (31 of the contract year. In addition to the annual payment, the City shall pay an amount equal to $60.00 multiplied by the number of agency sponsored advanced life support (ALS) field providers operating under the license of the Director, to be paid on or before the fifteenth (15 day of each month. 6. Independent Contractor Status. The relation created by this Contract is that of independent contracting entities. No employer employee relationship is created between the City and the Council or the Council's designated Medical Program Director. 7. Breach A. In the event of either party's material breach of the terms or conditions of this Contract, the non breaching party reserves the right to withhold payments or services until it is fully reimbursed for its costs that result from the breach or until corrective action has been taken or completed. However, the party shall not exercise this right until it has given written notice of such material breach to the breaching party and ten days have passed since the receipt of such notice. This option is in addition to and not in lieu of the party's right to terminate this Contract or any other right that State law offers for breach of contract. B. If either party shall materially breach any of the covenants undertaken herein or any of the duties imposed upon it by this Contract, such material breach shall entitle the -3- other party to terminate this Contract, provided that the party desiring to terminate for such cause shall give the offending party at least twenty days' written notice, specifying the particulars wherein it is claimed that there has been a violation hereof, and if at the end of such time, the party notified has not removed the cause of complaint, or remedied the purported violation, then the termination of this Contract shall be deemed complete. 8. Entire Contract. The parties agree that this Contact is the complete expression of the terms hereto and any oral representation or understanding not incorporated herein is excluded. Further, any modification of this Contract shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto caused this Contract to be executed the day and year first herein above written. Agency: City of Port Angeles CLALLAM COUNTY EMERGENCY MEDICAL SERVICES TRAUMA COUNCIL Reviewed By: Attest: By: By: Kent Mye CitrManager Karen Blore, President 6z/p- Bilr131oor, City Attorney Janessa Hurd, City Clerk PROFESSIONAL SERVICES CONTRACT THIS CONTRACT is made this ,'11' day of October, 2006, by and between the City of Port Angeles, Washington, hereinafter called "City and the Clallam County Emergency Medical Services/ Trauma Care Council, Inc., hereinafter called "Council REPRESENTATIONS 1. Pursuant to Chapter 8.36 of the Port Angeles Municipal Code, the City has established a Medic I program through the Fire Department to provide emergency medical and advanced life support services. 2. Pursuant to Chapter 18.71 RCW and Chapter 246 -976 WAC, it is required that the City's advanced life support program, hereinafter called "Medic I be supervised by a certified medical program director and that the Medic I personnel be trained, certified and supervised by a certified medical program director. 3. The Council has appointed and contracted with an approved licensed physician, as defined in RCW 18.71.205(4), as the Council's designated medical program director, responsible for coordinating matters pertaining to advanced life support services. AGREEMENTS NOW, THEREFORE, in consideration of the payments, covenants and agreements hereinafter recited to be made and performed by the parties hereto, the parties covenant and agree as follows: 1. Scone of Services. The Council will provide the City with the services of its designated medical program director, hereinafter called "Director The Director shall be a licensed physician certified by the Department of Health Emergency Medical Services Section in conjunction with the State Emergency Medical Services Committee and shall meet all applicable qualifications of a Medical Program Director contained in Chapter 18.71 RCW and Chapter WAC 246 976 -920. The Director shall be responsible for all other medical matters, training and medical control of EMS personnel as defined in Chapter 18.73 RCW and Chapter 246 976 -920 WAC. In addition the Director shall: A. Provide each month an appropriate in- service training session or lecture; B. Develop and review EMS system treatment, triage and transfer protocols; C. Identify and define the medically related duties and responsibilities of EMS system providers; D. Establish and coordinate the development and implementation of education programs and clinical facilities for EMS training; E. Hold each month an appropriate run review with Port Angeles Fire Department personnel; F. Conduct examinations to determine the knowledge and abilities of paramedic personnel prior to recommending applicants for Clallam County certification and/or City hire; G. Provide a monthly report to the Council outlining the director's activities; and H. The Director shall perform all duties and obligations, and shall carry out all responsibilities of Director, under this Agreement in accordance with RCW 18.71 and 18.73, and the regulations thereunder, and with the generally accepted professional standards of medical program directors. -2- 2. Training Run Review Schedule. The Director shall submit an annual training inservice run- review schedule by December 1 for the following year. Any cancellations to the submitted schedule shall be provided with not less than 30 days notice except in the case of documented emergencies. An alternate date acceptable to the City shall be provided at the time of cancellation. 3. Duration of Contract. The performance of this Contract shall commence on the 1st day of January, 2007, and terminate on the 31st day of December, 2010. This Contract may be extended upon mutual written agreement of the parties hereto and may be terminated by either party giving 90 days written notice to the other party. 4. Compensation and Method of Payment. In consideration for the services rendered as specified in Section 1 of this Contract, the City shall pay the Council the sum of $600 per month, to be paid at the end of each month. 5. Independent Contractor Status. The relation created by this Contract is that of independent contracting entities. No employer- employee relationship is created between the City and the Council or the Council's designated medical program Director. 6. Hold Harmless and Indemnification. The Council shall protect, defend, save harmless, and indemnify the City, its officers, agents and employees from and against any and all claims, damages, losses, and expenses, including reasonable attorney's fees occurring, arising, or resulting from any act or omission of Medic I personnel, as defined in RCW 18.71.200 and RCW 18.73.030, done or omitted in good faith while rendering emergency medical and /or advanced life support services under the supervision and control of the Council's designated medical program director. The Director shall have sufficient and appropriate liability insurance coverage to protect against the liability exposure created by the performance of the duties set forth in this Contract. This section shall not apply to any act or omission that constitutes either gross negligence or willful or wanton misconduct. 7. Breach A. In the event of either party's material breach of the terms or conditions of this Contract, the non breaching party reserves the right to withhold payments or services until it is fully reimbursed for its costs that result from the breach or until corrective action has been taken or completed. However, the party shall not exercise this right until it has given written notice of such material breach to the breaching party and ten days have passed since the receipt of such notice. This option is in addition to and not in lieu of the party's right to terminate this Contract or any other right that State law offers for breach of contract. B. If either party shall materially breach any of the covenants undertaken herein or any of the duties imposed upon it by this Contract, such material breach shall entitle the other party to terminate this Contract, provided that the party desiring to terminate for such cause shall give the offending party at least twenty days' written notice, specifying the particulars wherein it is claimed that there has been a violation hereof, and if at the end of such time, the party notified has not removed the cause of complaint, or remedied the purported violation, then the termination of this Contract shall be deemed complete. -4- 8. Entire Contract. The parties agree that this Contact is the complete expression of the terms hereto and any oral representation or understanding not incorporated herein is excluded. Further, any modification of this Contract shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto caused this Contract to be executed the day and year first herein above written. CITY OF PORT ANGELES By: )1 Marks E. Madsen, City Manager Daniel McKeen, Fire Chief APPRQVED AS TO FORM: William E. Bloor, City Attorney G \Legal_ Backup \AGREEMENTS &CONTRACTS\2006 Agmts& Contracts \EmergencyMedical8 -23 -06 wpd August 23, 2006 CLALLAM COUNTY EMERGENCY MEDICAL SERVICES COUNCIL, INC. By: Wm/v 142 ex} Karen Blore, Chair Keith Bogues, lace Chair (6/21/2006) Becky Upton Contract /Agreement Expirations From: Becky Upton To: Dan McKeen Date: 6/21/2006 3:29 PM Subject: Contract /Agreement Expirations I am sending courtesy e-mails to various Department Heads with respect to contracts and agreements that may need attention, as follows: City Clerk File No. 4.95: Clallam County Emergency Medical Services Council, Inc. Medic I Certification Program Medical Services Director expires 12/31/06 w /extension option City Clerk File No. 5.628: Roger A. Zegers, dba Systems Design Ambulance Transport Billing expires 12/31/06 City Clerk File No. 5.145: Mutual Aid Agreement for Provision of Emergency Services. I know we did the mutual aid agreement with Fire Districts 2, 3, and 4, but what about Olympic National Park' This particular agreement expired as of 4/1/06. Becky ��Paaggee 1 1 1V‘ 3 .Al CLEAN` PROFESSIONAL SERVICES CONTRACT THIS CONTRACT is made this 1 9 day of December, 2002, by and between the City of Port Angeles, Washington, hereinafter called "City and the Clallam County Emergency Medical Services/ Trauma Care Council, Inc., hereinafter called "Council REPRESENTATIONS 1. Pursuant to Chapter 8.36 of the Port Angeles Municipal Code, the City has established a Medic I program through the Fire Department to provide emergency medical and advanced life support services. 2. Pursuant to Chapter 18.71 RCW and Chapter 246 -976 WAC, it is required that the City's advanced life support program, hereinafter called "Medic I be supervised by a certified medical program director and that the Medic I personnel be trained, certified and supervised by a certified medical program director. 3. The Council has appointed and contracted with an approved licensed physician, as defined in RCW 18.71.205(4), as the Council's designated medical program director, responsible for coordinating matters pertaining to advanced life support services. AGREEMENTS NOW, THEREFORE, in consideration of the payments, covenants and agreements hereinafter recited to be made and performed by the parties hereto, the parties covenant and agree as follows: 1. Scone of Services. The Council will provide the City with the services of its designated medical program director, hereinafter called "Director The Director shall be a licensed physician certified by the Department of Health Emergency Medical Services Section in conjunction with the State Emergency Medical Services Committee and shall meet all applicable qualifications of Chapter 18.71 RCW and Chapter WAC 246 976 -920. The Director shall be responsible for: A. Providing medical control and direction of EMS personnel in their medical duties, by oral or written communication; B. Developing and adopting written patient care protocols to direct EMS personnel in patient care; C. Training or supervising the training of all advanced life support (ALS) personnel, providing each month an appropriate in- service training session or lecture; D. Developing and reviewing EMS system treatment, triage and transfer protocols; E. Identifying and defining the medically related duties and responsibilities of EMS system providers; F. Establishing and coordinating the development and implementation of education programs and clinical facilities for EMS training; G. Periodically auditing educational performance and skill maintenance of field personnel; H. Holding each month an appropriate run review with Port Angeles Fire Department personnel; I. Making appropriate recommendations regarding certification, re- certification, or decertification of certified EMS personnel; J. Establishing protocols for storing, dispensing, and administering controlled substances, in accordance with state and federal regulations and guidelines; K. Conducting examinations to determine the knowledge and abilities of paramedic personnel prior to recommending applicants for Clallam County certification and/or City hire; L. Providing a monthly report to the Council outlining the director's activities; and -2- M. All other medical matters, training and medical control of EMS personnel as defined in Chapter 18.73 RCW and Chapter 246 976 -920 WAC. 2. Training Run Review Schedule. The Director shall submit an annual training inservice run- review schedule by December 1 for the following year. Any cancellations to the submitted schedule shall be provided with not less than 30 days notice except in the case of documented emergencies. An alternate date acceptable to the City shall be provided at the time of cancellation. 3. Duration of Contract. The performance of this Contract shall commence on the 1st day of January, 2003, and terminate on the 31st day of December, 2006. This Contract may be extended upon mutual written agreement of the parties hereto and may be terminated by either party giving 90 days written notice to the other party. 4. Compensation and Method of Payment. In consideration for the services rendered as specified in Section 1 of this Contract, the City shall pay the Council the sum of $600 per month, to be paid at the end of each month. 5. Independent Contractor Status. The relation created by this Contract is that of independent contracting entities. No employer employee relationship is created between the City and the Council or the Council's designated medical program Director. 6. Hold Harmless and Indemnification. The Council shall protect, defend, save harmless, and indemnify the City, its officers, agents and employees from and against any and all claims, damages, losses, and expenses, including reasonable attorney's fees occurring, arising, or resulting from any act or omission of Medic I personnel, as defined in RCW 18.71.200 and RCW 18.73.030, done or omitted in good faith while rendering emergency medical and/or advanced life -3- support services under the supervision and control of the Council's designated medical program director. The Director shall have sufficient and appropriate liability insurance coverage to protect against the liability exposure created by the performance of the duties set forth in this Contract. This section shall not apply to any act or omission that constitutes either gross negligence or willful or wanton misconduct. 7. Breach A. In the event of either party's material breach of the terms or conditions of this Contract, the non breaching party reserves the right to withhold payments or services until it is fully reimbursed for its costs that result from the breach or until corrective action has been taken or completed. However, the party shall not exercise this right until it has given written notice of such material breach to the breaching party and ten days have passed since the receipt of such notice. This option is in addition to and not in lieu of the party's right to terminate this Contract or any other right that State law offers for breach of contract. B. If either party shall materially breach any of the covenants undertaken herein or any of the duties imposed upon it by this Contract, such material breach shall entitle the other party to terminate this Contract, provided that the party desiring to terminate for such cause shall give the offending party at least twenty days' written notice, specifying the particulars wherein it is claimed that there has been a violation hereof, and if at the end of such time, the party notified has not removed the cause of complaint, or remedied the purported violation, then the termination of this Contract shall be deemed complete. 8. Entire Contract. The parties agree that this Contact is the complete expression of the terms hereto and any oral representation or understanding not incorporated herein is excluded. Further, any modification of this Contract shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto caused this Contract to be executed the day and year first herein above written. CITY OF PORT ANGELES By.L. Mike Quinn, anager Daniel McKeen, Fire Chief APPROVED AS TO FORM: Craig D. Kitso C Attorney CLALLAM COUNTY EMERGENCY MEDICAL SERVICES COUNCIL, INC. By: President Secretary U to CI�.o r From: Becky Upton To: DMCKEEN Date: 3/29/02 2 Subject: Contract Agreement Expirations Below is a list of contracts agreements scheduled to expire during the remainder of this year This e mail is only intended to serve as a secondary reminder of the upcoming expirations FYI Becky File No 5 145 U S Coast Guard Air Station provision of fire protection and medical services 12/18/01 w /one year automatic renewal to 12/18/02 File No 4 95 Clallam County Emergency Medical Services Council Medic I Certification Program Medical Services Director exp 12/31/02 «q5 MEMO OFFICE OF THE CITY MANAGER Patrick Marra City Manager [4501] Sharon "Sam" Martin Executive Administrative Assistant [4500] Becky J. Upton, CMC City Clerk Management Assistant [4634] Robert Coons Human Resources Manager [4511] Timothy Smith Economic Development Director [4804] Camille Headrick Human Resources Assistant [4510] PO TANGFLBS W A S H I N G T O N U.S.A. December 4, 1998 TO: Craig D. Knutson, City Attorney FROM: Becky J. Upton, City Clerk/Management Assistant SUBJECT: Contract with Clallam County Emergency Medical Services/ Trauma Care Council, Inc. Duke Moroz, Medical Officer for the Fire Department, and I have been discussing the need to again renew the above referenced contract [copy attached], which expires as of December 31, 1998. Duke had intended to make some changes to the contract language; however, he now feels that additional changes will not be necessary. He has asked if it would be possible to enter into a contract that is not limited to one year. Would you agree to rewrite the contract for an extended period of time, with a termination clause incorporated into the contract? Again, because the dollar value of the contract is $500 per month, it is intended to obtain the City Manager's signature on the contract. Thanks for your help! Attachment Copy: Duke Moroz, Fire Department y q5 This contract extension is made this 14ay of 0 1998 by and between the City of Port Angeles, Washington, hereinafter called "City and the Clallam County Emergency Medical Services /Trauma Care Council, Inc., hereinafter called "Council The City and the Council hereby agree to extend the January 23, 1997 contract from January 1, 1998 through December 31, 1998, until which date all of the terms and conditions of the contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this contract extension to be executed the day and year first hereinafter written. By: ATTEST: Pittis Int- 'm City Manager APPROOV,D AS TO FORM: its, /v Craig D. Knutson, City Attorney CONTRACT EXTENSION CLALLAM COUNTY EMERGENCY MEDICAL SERVICES COUNCIL, INC. By: -ez,t.iK. a ifutix-ry PRESIDENT ATTEST: By: S E C R Ffa CONTRACT TINN0INDJ 0 THIS CONTRACT is made this '23 day of Beee er, 1,965r6", by and between the City of Port Angeles, Washington, hereinafter called "City and the Clallam County Emergency Medical Services/ Trauma Care Council, Inc., hereinafter called "Council REPRESENTATIONS 1. Pursuant to Chapter 8.36 of the Port Angeles Municipal Code, the City has established a Medic I program through the Fire Department to provide emergency medical and advanced life support services. 2. Pursuant to Chapter 18.71 RCW and Chapter 248 -15 WAC, it is required that the City's advanced life support program, hereinafter called "Medic I be supervised by a certified medical program director and that the Medic I personnel be trained, certified and supervised by a certified medical program director. 3. The Council has appointed and contracted with an approved licensed physician, as defined in WAC 248 -15- 020(2), as the Council's designated medical program director, responsible for coordinating matters pertaining to advanced life support services. AGREEMENTS NOW, THEREFORE, in consideration of the payments, covenants and agreements hereinafter recited to be made and performed by the parties hereto, the parties covenant and agree as follows: 1. Scone of Services. The Council will provide the City with the services of its designated medical program director, hereinafter called "Director The Director shall be a licensed physician certified by the Department of Health Emergency Medical Services Section in conjunction with the State Emergency Medical Services Committee and shall meet all applicable qualifications of Chapter 18.71 RCW and Chapter 248 -15 WAC. The Director shall be responsible for: A. Medical control as defined in WAC 248 -15 -020; B. Training or supervision of training of all advanced life support technicians; C. Conducting each month an appropriate in- service training 1 41,95 session or lecture with Port Angeles Fire Department ALS personnel; D. Control and direction of certified advanced life support technicians in their duties by oral or written communication; E. All medical matters, training and medical control of EMT's as defined in Chapter 18.73 RCW and Chapter 248 -17 WAC; F. Developing and reviewing EMS system treatment, triage and transfer protocols; G. Providing medical control of EMS personnel utilizing written or voice communications and running reviews of the services provided; H. Identifying and defining the medically related duties and responsibilities of EMS system providers; I. Establishing and coordinating the development and implementation of education programs and clinical facilities for EMS training; J. Periodically auditing educational performance and skill maintenance of field personnel; K. Making appropriate recommendations regarding certification, re- certification, or decertification of personnel certified under Chapter 18.71 RCW; L. Formally adopting treatment, transfer and triage protocols for the provision of emergency medical and advanced life support services in Clallam County; M. Holding each month an appropriate run review with Port Angeles Fire Department personnel; and N. Providing a monthly report to the Council outlining the director's activities. 2. Duration of Contract. The performance of this Contract shall commence on the 1st day of January, 1997, and terminate on the 31st day of December, 1997. This contract may be extended or terminated upon mutual written agreement of the parties hereto and pursuant to the terms and conditions of the contract. 3. Compensation and Method of Payment. In consideration for the services rendered as specified in Section 1 of this Contract, the City shall pay the Council the sum of $500 per month, to be paid at the end of each month. 4. Independent Contractor Status. The relation created by this Contract is that of independent contracting entities. No employer employee relationship is created between the City and the Council nor the Council's designated medical program Director. 5. Hold Harmless and Indemnification. The Council shall protect, defend, save harmless, and indemnify the City, its officers, agents and employees from and against any and all claims, damages, losses, and expenses, including reasonable attorney's fees occurring, arising, or resulting from any act or omission of Medic I personnel, as defined in RCW 18.71.200 and RCW 18.73.030, done or omitted in good faith while rendering emergency medical and /or advanced life support services under the supervision and control of the Council's designated medical program Director. The Director shall have sufficient and appropriate liability insurance coverage to protect against the liability exposure created by the performance of the duties set forth in this Contract. This section shall not apply to any act or omission which constitutes either gross negligence or wilful or wanton misconduct. 6. Breach A. In the event of either party's material breach of the terms or conditions of this Contract, the non breaching party reserves the right to withhold payments or services until corrective action has been taken or completed. However, the party shall not exercise this right until it has given written notice of such material breach to the breaching party and ten days have passed since the receipt of such notice. This option is in addition to and not in lieu of the party's right to terminate this Contract or any other right which State law offers for breach of contract. B. If either party shall materially breach any of the covenants undertaken herein or any of the duties imposed upon it by this Contract, such material breach shall entitle the other party to terminate this Contract, provided that the party desiring to terminate for such cause shall give the offending party at least twenty days' written notice, specifying the particulars wherein it is claimed that there has been a violation hereof, and if at the end of such time, the party notified has not removed the cause of complaint, or remedied the purported violation, then the termination of this Contract shall be deemed complete. 7. Entire Contract. The parties agree that this Contact is the complete expression of the terms hereto and any oral represen- tation or understanding not incorporated herein is excluded. Further, any modification of this Contract shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto caused this Contract to be executed the day and year first hereinabove written. CITY PORT ANGELES omeranz, y Manager ATTEST: ec U n Clerk A ecky J �on, ity APPROVED AS TO FORM: Craig D.`1Knutson, City Attorney By: PR SIDENT ATTEST: CLALLAM COUNTY EMERGENCY MEDICAL SERVICES COUNCIL, INC. AJ7uJ V< aH4 Secretary COHm.MED MEMO OFFICE OF THE CITY MANAGER Patrick Ibarra City Manager [4501] Sharon "Sam" Martin Executive Administrative Assistant [4500] Becky J. Upton, CMC City Clerk Management Assistant [4634] Robert Coons Human Resources Manager [4511] Timothy Smith Economic Development Director [4804] Camille Headrick Human Resources Assistant [4510] NGELES W A S H I N G T O N U.S.A. December 17, 1998 TO: Dave Chastain, Fire Department Medical Officer FROM: Becky J. Upton, City Clerk/Management Assistant SUBJECT: EMS Contract Duke Moroz and I have been discussing the need to again renew the above referenced contract which expires as of December 31, 1998. Duke had asked if it would be possible to enter into a contract that is not limited to one year. So, I asked the City Attorney to rewrite the contract for an extended period of time, with a termination clause incorporated into the contract. Attached for your review is the proposed contract (you may wish to have Duke review the contract as well). You will see that Craig wrote the contract for a 10- year period, and he inserted a provision allowing either party to terminate by giving 90 days written notice to the other party. With the hope that the contract language is acceptable to you, I am attaching two copies for signature by the President and Secretary of the EMS Council. Please obtain the signatures of both individuals and return them to my attention. I can then proceed to obtain the City Manager's signature. Please let me know if you have any suggested changes! Thanks for your help! Attachments 17911-- p2A ,61k q5 i 4 q� /a-81- .00.02_. CONTRACT THIS CONTRACT is made this 1 day of 1999, by and between the City of Port Angeles, Washington, hereinafter called "City and the Clallam County Emergency Medical Services/ Trauma Care Council, Inc hereinafter called "Council" REPRESENTATIONS 1. Pursuant to Chapter 8.36 of the Port Angeles Municipal Code, the City has established a Medic I program through the Fire Department to provide emergency medical and advanced life support services. 2. Pursuant to Chapter 18.71 RCW and Chapter 248 -15 WAC, it is required that the City's advanced life support program, hereinafter called "Medic I be supervised by a certified medical program director and that the Medic I personnel be trained, certified and supervised by a certified medical program director 3. The Council has appointed and contracted with an approved licensed physician, as defined in WAC 248 -15- 020(2), as the Council's designated medical program director, responsible for coordinating matters pertaining to advanced life support services. AGREEMENTS NOW, THEREFORE, in consideration of the payments, covenants and agreements hereinafter recited to be made and performed by the parties hereto, the parties covenant and agree as follows: 1. Scone of Services. The Council will provide the City with the services of its designated medical program director, hereinafter called "Director The Director shall be a licensed physician certified by the Department of Health Emergency Medical Services Section in conjunction with the State Emergency Medical Services Committee and shall meet all applicable qualifications 1 4/. 9 t' of Chapter 18.71 RCW and Chapter 248 -15 WAC The Director shall be responsible for. A. Medical control as defined in WAC 248 -15 -020; B Training or supervision of training of all advanced life support technicians, C. Conducting each month an appropriate in- service training session or lecture with Port Angeles Fire Department ALS personnel; D Control and direction of certified advanced life support technicians in their duties by oral or written communication, E. All medical matters, training and medical control of EMT's as defined in Chapter 18.73 RCW and Chapter 248 -17 WAC; F Developing and reviewing EMS system treatment, triage and transfer protocols; Providing medical control of EMS personnel utilizing written or voice communications and running reviews of the services provided; H Identifying and defining the medically related duties and responsibilities of EMS system providers; I. Establishing and coordinating the development and implementation of education programs and clinical facilities for EMS training; J. Periodically auditing educational performance and skill maintenance of field personnel; K. Making appropriate recommendations regarding certification, re- certification, or decertification of personnel certified under Chapter 18 71 RCW, L Formally adopting treatment, transfer and triage protocols for the provision of emergency medical and advanced life support services in Clallam County; M. Holding each month an appropriate run review with Port Angeles Fire Department personnel; and N. Providing a monthly report to the Council outlining the director's activities 2. Duration of Contract. The performance of this Contract shall commence on the 1st day of January, 1999, and terminate on the 31st day of December, 2002 This Contract may be extended upon mutual written agreement of the parties hereto and may be terminated by either party 2 giving 90 days written notice to the other party. 3. Compensation and Method of Payment In consideration for the services rendered as specified in Section 1 of this Contract, the City shall pay the Council the sum of $500 per month, to be paid at the end of each month. 4. Independent Contractor Status. The relation created by this Contract is that of independent contracting entities. No employer- employee relationship is created between the City and the Council nor the Council's designated medical program Director. 5. Hold Harmless and Indemnification. The Council shall protect, defend, save harmless, and indemnify the City, its officers, agents and employees from and against any and all claims, damages, losses, and expenses, including reasonable attorney's fees occurring, arising, or resulting from any act or omission of Medic I personnel, as defined in RCW 18 71.200 and RCW 18 73.030, done or omitted in good faith while rendering emergency medical and /or advanced life support services under the supervision and control of the Council's designated medical program Director. The Director shall have sufficient and appropriate liability insurance coverage to protect against the liability exposure created by the performance of the duties set forth in this Contract This section shall not apply to any act or omission which constitutes either gross negligence or wilful or wanton misconduct. 6. Breach A. In the event of either party's material breach of the terms or conditions of this Contract, the non breaching party reserves the right to withhold payments or services until corrective action has been taken or completed However, the party shall not exercise this right until it has given written notice of such material breach to the breaching party and ten days have passed since the receipt of such notice This option is in addition to and not in lieu of the party's right to terminate this Contract or any other right which State law offers for breach of contract B If either party shall materially breach any of the covenants undertaken herein or any of the duties imposed upon it by this Contract, such material breach shall entitle the other party to terminate this Contract, provided that the party desiring to terminate for such cause shall give the 3 offending party at least twenty days' written notice, specifying the particulars wherein it is claimed that there has been a violation hereof, and if at the end of such time, the party notified has not removed the cause of complaint, or remedied the purported violation, then the termination of this Contract shall be deemed complete. 7. Entire Contract The parties agree that this Contact is the complete expression of the terms hereto and any oral representation or understanding not incorporated herein is excluded Further, any modification of this Contract shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto caused this Contract to be executed the day and year first hereinabove written CITY OF PORT ANGELES CLALLAM COUNTY EMERGENCY MEDICAL SERVICES COUNCIL, INC By. Patrick Ibarra, City Manager ATTEST: Becky J. U APPROVED AS TO FORM: LtdD on, tlit Clekk Craig D. Knutson, City Attorney CONTR MID 4 By. 64GC/ NV President ATTEST Secretary Nassik NNIOW City Attorney's Office Memorandum Craig D. Knutson City Attorney Dennis C Dickson Sr Assistant City Attorney Candace Kreider Legal Assistant Chrystina Bruneau Administrative Assistant Jeanie DeFrang Administrative Assistant December 16, 1998 TO: FROM: RE: Pursuant to your request, attached is a revised EMS contract. It would take effect January 1, 1999 and terminate on December 31, 2009. Please let me know if this extended period of time is not what you and Duke Moroz, Fire Department Medical Officer, had in mind. I have also inserted a provision allowing either party to terminate by giving 90 days written notice to the other party Again, please let me know if you have a problem with this Both the extended term and 90 day termination provisions are set forth in Section 2 of the contract Craig D. Kn City Attorney CDK: j d Attachment Becky Upton, City Clerk/Management Assistant Craig D. Knutson, City Attorney EMS Contract 95 MEMO OFFICE OF THE CITY MANAGER Patrick Ibarra City Manager [4501] Sharon "Sam" Martin Executive Administrative Assistant [4500] Becky J. Upton, CMC City Clerk Management Assistant [4634] Robert Coons Human Resources Manager [4511] Timothy Smith Economic Development Director [4804] Camille Headrick Human Resources Assistant [4510] pORT W A S H I N G T O N U.S.A. December 4, 1998 TO: Craig D. Knutson, City Attorney FROM: NGELES Becky J. Upton, City Clerk/Management Assistant SUBJECT: Contract with Clallam County Emergency Medical Services/ Trauma Care Council, Inc. Duke Moroz, Medical Officer for the Fire Department, and I have been discussing the need to again renew the above referenced contract [copy attached], which expires as of December 31, 1998. Duke had intended to make some changes to the contract language; however, he now feels that additional changes will not be necessary. He has asked if it would be possible to enter into a contract that is not limited to one year. Would you agree to rewrite the contract for an extended period of time, with a termination clause incorporated into the contract? Again, because the dollar value of the contract is $500 per month, it is intended to obtain the City Manager's signature on the contract. Thanks for your help! Attachment Copy: Duke Moroz, Fire Department 1,q5 This contract extension is made this i"ay of 0 1998 by and between the City of Port Angeles, Washington, hereinafter called "City", and the Clallam County Emergency Medical Services /Trauma Care Council, Inc., hereinafter called "Council The City and the Council hereby agree to extend the January 23, 1997 contract from January 1, 1998 through December 31, 1998, until which date all of the terms and conditions of the contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this contract extension to be executed the day and year first hereinafter written. CITY OF By: ATTEST: Pittis Int- 'm City Manager APPROVED AS TO FORM: /0l Craig D. Knutson, City Attorney CLALLAM COUNTY EMERGENCY MEDICAL SERVICES COUNCIL, INC. -ettu/K..6.thufixi PRESIDENT By: ATTEST: By: SECIlF,APv-Y CONTRACT EXTENSION City Manager's Office Memorandum Jack N. Pittis, P E. Interim City Manager Sharon "Sam" Martin Exec Admin. Assistant Becky J. Upton, CMC City Clerk/ Management Assistant Robert Coons Human Resources Manager Camille Headrick Human Resources Assistant April 20, 1998 TO: FROM: SUBJECT: Duke Moroz, Medical Officer for the Fire Department, and I were just discussing the fact that the above referenced contract [copy attached] expired as of December 31, 1997. Because the contract allows for an extension, Duke has asked that you prepare an extension through December 31, 1998. Also, because the dollar value of the contract is $500 per month, could we have Jack Pittis sign the extension as Interim City Manager as opposed to taking it to City Council? In reviewing the contract language, Duke indicated he would like to strengthen future contracts. He was comfortable with our extension of the 1997 contract as written; however, he indicated it is likely he will be making recommendations for changes for the 1999 contract. I suggested that he take a photocopy of the contract and write in the changes he would like to have made. Those proposed changes can then be forwarded to you at a later date. Thank you for your assistance. Attachment Craig D. Knutson, City Attorney Becky J. Upton, City Clerk/Management Assistant 0 Contract with Clallam County Emergency Medical Services/ Trauma Care Council, Inc. Copy: Duke Moroz, Fire Department el,95 CONTRACT sp.t.�v t�iL� 1 1 THIS CONTRACT is made this 22 day of 3$9'6', by and between the City of Port Angeles, Washington, hereinafter called "City and the Clallam County Emergency Medical Services/ Trauma Care Council, Inc., hereinafter called "Council REPRESENTATIONS 1. Pursuant to Chapter 8.36 of the Port Angeles Municipal Code, the City has established a Medic I program through the Fire Department to provide emergency medical and advanced life support services. 2. Pursuant to Chapter 18.71 RCW and Chapter 248 -15 WAC, it is required that the City's advanced life support program, hereinafter called "Medic I be supervised by a certified medical program director and that the Medic I personnel be trained, certified and supervised by a certified medical program director. 3. The Council has appointed and contracted with an approved licensed physician, as defined in WAC 248 -15- 020(2), as the Council's designated medical program director, responsible for coordinating matters pertaining to advanced life support services. AGREEMENTS NOW, THEREFORE, in consideration of the payments, covenants and agreements hereinafter recited to be made and performed by the parties hereto, the parties covenant and agree as follows: 1. Scope of Services. The Council will provide the City with the services of its designated medical program director, hereinafter called "Director The Director shall be a licensed physician certified by the Department of Health Emergency Medical Services Section in conjunction with the State Emergency Medical Services Committee and shall meet all applicable qualifications of Chapter 18.71 RCW and Chapter 248 -15 WAC. The Director shall be responsible for: A. Medical control as defined in WAC 248 -15 -020; B. Training or supervision of training of all advanced life support technicians; C. Conducting each month an appropriate in- service training 1 session or lecture with Port Angeles Fire Department ALS personnel; D. Control and direction of certified advanced life support technicians in their duties by oral or written communication; E. All medical matters, training and medical control of EMT's as defined in Chapter 18.73 RCW and Chapter 248 -17 WAC; F. Developing and reviewing EMS system treatment, triage and transfer protocols; G. Providing medical control of EMS personnel utilizing written or voice communications and running reviews of the services provided; H. Identifying and defining the medically- related duties and responsibilities of EMS system providers; I. Establishing and coordinating the development and implementation of education programs and clinical facilities for EMS training; J. Periodically auditing educational performance and skill maintenance of field personnel; K. Making appropriate recommendations regarding certification, re- certification, or decertification of personnel certified under Chapter 18.71 RCW; L. Formally adopting treatment, transfer and triage protocols for the provision of emergency medical and advanced life support services in Clallam County; M. Holding each month an appropriate run review with Port Angeles Fire Department personnel; and N. Providing a monthly report to the Council outlining the director's activities. 2. Duration of Contract. The performance of this Contract shall commence on the 1st day of January, 1997, and terminate on the 31st day of December, 1997. This contract may be extended or terminated upon mutual written agreement of the parties hereto and pursuant to the terms and conditions of the contract. 2 3. Compensation and Method of Payment. In consideration for the services rendered as specified in Section 1 of this Contract, the City shall pay the Council the sum of $500 per month, to be paid at the end of each month. 4. Independent Contractor Status. The relation created by this Contract is that of independent contracting entities. No employer- employee relationship is created between the City and the Council nor the Council's designated medical program Director. 5. Hold Harmless and Indemnification. The Council shall protect, defend, save harmless, and indemnify the City, its officers, agents and employees from and against any and all claims, damages, losses, and expenses, including reasonable attorney's fees occurring, arising, or resulting from any act or omission of Medic I personnel, as defined in RCW 18.71.200 and RCW 18.73.030, done or omitted in good faith while rendering emergency medical and /or advanced life support services under the supervision and control of the Council's designated medical program Director. The Director shall have sufficient and appropriate liability insurance coverage to protect against the liability exposure created by the performance of the duties set forth in this Contract. This section shall not apply to any act or omission which constitutes either gross negligence or wilful or wanton misconduct. 6. Breach A. In the event of either party's material breach of the terms or conditions of this Contract, the non breaching party reserves the right to withhold payments or services until corrective action has been taken or completed. However, the party shall not exercise this right until it has given written notice of such material breach to the breaching party and ten days have passed since the receipt of such notice. This option is in addition to and not in lieu of the party's right to terminate this Contract or any other right which State law offers for breach of contract. B. If either party shall materially breach any of the covenants undertaken herein or any of the duties imposed upon it by 3 this Contract, such material breach shall entitle the other party to terminate this Contract, provided that the party desiring to terminate for such cause shall give the offending party at least twenty days' written notice, specifying the particulars wherein it is claimed that there has been a violation hereof, and if at the end of such time, the party notified has not removed the cause of complaint, or remedied the purported violation, then the termination of this Contract shall be deemed complete. 7. Entire Contract. The parties agree that this Contact is the complete expression of the terms hereto and any oral represen- tation or understanding not incorporated herein is excluded. Further, any modification of this Contract shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto caused this Contract to be executed the day and year first hereinabove written. CITYi PORT ANGELES By: of ATTEST: y Manager 1, r -0 0 ecky J U�on, ity Clerk omeranz, APPROVED AS TO FORM: Craig D. nutson, City Attorney CLALLAM COUNTY EMERGENCY MEDICAL SERVICES COUNCIL, INC. By: .0 PRESIDENT ATTEST: Al224. WIL4 Secretary CONTR. MED 4 CONTRACT THIS CONTRACT is made this day of 1996), by and between the City of Port Angeles, Washington, hereinafter called "City and the Clallam County Emergency Medical Services/ Trauma Care Council, Inc., hereinafter called "Council REPRESENTATIONS 1. Pursuant to Chapter 8.36 of the Port Angeles Municipal Code, the City has established a Medic I program through the Fire Department to provide emergency medical and advanced life support services. 2. Pursuant to Chapter 18.71 RCW and Chapter 248 -15 WAC, it is required that the City's advanced life support program, hereinafter called "Medic I be supervised by a certified medical program director and that the Medic I personnel be trained, certified and supervised by a certified medical program director. 3. The Council has appointed and contracted with an approved licensed physician, as defined in WAC 248 -15- 020(2), as the Council's designated medical program director, responsible for coordinating matters pertaining to advanced life support services. AGREEMENTS NOW, THEREFORE, in consideration of the payments, covenants and agreements hereinafter recited to be made and performed by the parties hereto, the parties covenant and agree as follows: 1. Scone of Services. The Council will provide the City with the services of its designated medical program director, hereinafter called "Director The Director shall be a licensed physician certified by the Department of Health Emergency Medical Services Section in conjunction with the State Emergency Medical Services Committee and shall meet all applicable qualifications of Chapter 18.71 RCW and Chapter 248 -15 WAC. The Director shall be responsible for: A. Medical control as defined in WAC 248 -15 -020; B. Training or supervision of training of all advanced life support technicians; C. Conducting each month an appropriate in- service training 1 5 session or lecture with Port Angeles Fire Department ALS personnel; D. Control and direction of certified advanced life support technicians in their duties by oral or written communication; E. All medical matters, training and medical control of EMT's as defined in Chapter 18.73 RCW and Chapter 248 -17 WAC; F. Developing and reviewing EMS system treatment, triage and transfer protocols; G. Providing medical control of EMS personnel utilizing written or voice communications and running reviews of the services provided; H. Identifying and defining the medically- related duties and responsibilities of EMS system providers; I. Establishing and coordinating the development and implementation of education programs and clinical facilities for EMS training; J. Periodically auditing educational performance and skill maintenance of field personnel; K. Making appropriate 2 recommendations regarding certification, re- certification, or decertification of personnel certified under Chapter 18.71 RCW; L. Formally adopting treatment, transfer and triage protocols for the provision of emergency medical and advanced life support services in Clallam County; M. Holding each month an appropriate run review with Port Angeles Fire Department personnel; and N. Providing a monthly report to the Council outlining the director's activities. 2. Duration of Contract. The performance of this Contract shall commence on the 1st day of January, 1996, and terminate on the 31st day of December, 1996. This contract may be extended or terminated upon mutual written agreement of the parties hereto and pursuant to the terms and conditions of the contract. 3. Compensation and Method of Payment. In consideration for the services rendered as specified in Section 1 of this Contract, the City shall pay the Council the sum of $500 per month, to be paid at the end of each month. 4. Independent Contractor Status. The relation created by this Contract is that of independent contracting entities. No employer- employee relationship is created between the City and the Council nor the Council's designated medical program Director. 5. Hold Harmless and Indemnification. The Council shall protect, defend, save harmless, and indemnify the City, its officers, agents and employees from and against any and all claims, damages, losses, and expenses, including reasonable attorney's fees occurring, arising, or resulting from any act or omission of Medic I personnel, as defined in RCW 18.71.200 and RCW 18.73.030, done or omitted in good faith while rendering emergency medical and /or advanced life support services under the supervision and control of the Council's designated medical program Director. The Director shall have sufficient and appropriate liability insurance coverage to protect against the liability exposure created by the performance of the duties set forth in this Contract. This section shall not apply to any act or omission which constitutes either gross negligence or wilful or wanton misconduct. 6. Breach A. In the event of either party's material breach of the terms or conditions of this Contract, the non breaching party reserves the right to withhold payments or services until corrective action has been taken or completed. However, the party shall not exercise this right until it has given written notice of such material breach to the breaching party and ten days have passed since the receipt of such notice. This option is in addition to and not in lieu of the party's right to terminate this Contract or any other right which State law offers for breach of contract. B. If either party shall materially breach any of the covenants undertaken herein or any of the duties imposed upon it by 3 this Contract, such material breach shall entitle the other party to terminate this Contract, provided that the party desiring to terminate for such cause shall give the offending party at least twenty days' written notice, specifying the particulars wherein it is claimed that there has been a violation hereof, and if at the end of such time, the party notified has not removed the cause of complaint, or remedied the purported violation, then the termination of this Contract shall be deemed complete. 7. Entire Contract. The parties agree that this Contact is the complete expression of the terms hereto and any oral represen- tation or understanding not incorporated herein is excluded. Further, any modification of this Contract shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto caused this Contract to be executed the day and year first hereinabove written. CITY OF PORT ANGELES 7' By: JfJfre�Pomeranz ger ATTEST: Becky J. 4 _..toy,, City Clerk APPROVED AS TO FORM: Craig D Knutson, City Attorney CLALLAM COUNTY EMERGENCY MEDICAL SERVICES COUNCIL, INC. By: 64 h09& /PRESIDENT ATTEST: Lurtl A•fril Secretary ,CONTE MED 4 1 CONTRACT /n� THIS CONTRACT is made this '7 day of d nl 1995, by and between the City of Port Angeles, Washington, he einafter called "City and the Clallam County Emergency Medical Services/ Trauma Care Council, Inc., hereinafter called "Council REPRESENTATIONS 1. Pursuant to Chapter 8.36 of the Port Angeles Municipal Code, the City has established a Medic I program through the Fire Department to provide emergency medical and advanced life support services. 2. Pursuant to Chapter 18.71 RCW and Chapter 248 -15 WAC, it is required that the City's advanced life support program, hereinafter called "Medic I be supervised by a certified medical program director and that the Medic I personnel be trained, certified and supervised by a certified medical program director. 3. The Council has appointed and contracted with an approved licensed physician, as defined in WAC 248 -15- 020(2), as the Council's designated medical program director, responsible for coordinating matters pertaining to advanced life support services. AGREEMENTS NOW, THEREFORE, in consideration of the payments, covenants and agreements hereinafter recited to be made and performed by the parties hereto, the parties covenant and agree as follows: 1. Scope of Services. The Council will provide the City with the services of its designated medical program director, hereinafter called "Director The Director shall be a licensed physician certified by the Department of Health Emergency Medical Services Section in conjunction with the State Emergency Medical Services Committee and shall meet all applicable qualifications of Chapter 18.71 RCW and Chapter 248 -15 WAC. The Director shall be responsible for: A. Medical control as defined in WAC 248 -15 -020; B. Training or supervision of training of all advanced life support technicians; C. Conducting each month an appropriate in- service training session or lecture with Port Angeles Fire Department ALS personnel; D. Control and direction of certified advanced life support technicians in their duties by oral or written communication; E. All medical matters, training and medical control of EMT's as defined in Chapter 18.73 RCW and Chapter 248 -17 WAC; F. Developing and reviewing EMS system treatment, triage and transfer protocols; G. Providing medical control of EMS personnel utilizing written or voice communications and running reviews of the services provided; H. Identifying and defining the medically related duties and responsibilities of EMS system providers; I. Establishing and coordinating the development and implementation of education programs and facilities for EMS training; J. Periodically auditing educational performance maintenance of field personnel; K. Making appropriate certification, re- certification, or decertification of personnel certified under Chapter 18.71 RCW; L. Formally adopting treatment, transfer and triage protocols for the provision of emergency medical and advanced life support services in Clallam County; M. Holding each month an appropriate run review with Port Angeles Fire Department personnel; and N. Providing a monthly report to the Council outlining the director's activities. 2. Duration of Contract. The performance of this Contract shall commence on the 1st day of January, 1995, and terminate on the 31st day of December, 1995. This contract may be extended or terminated upon mutual written agreement of the parties hereto and pursuant to the terms and conditions of the contract. 2 recommendations clinical and skill regarding 3. Compensation and Method of Payment. In consideration for the services rendered as specified in Section 1 of this Contract, the City shall pay the Council the sum of $500 per month, to be paid at the end of each month. 4. Independent Contractor Status. The relation created by this Contract is that of independent contracting entities. No employer employee relationship is created between the City and the Council nor the Council's designated medical program Director. 5. Hold Harmless and Indemnification. The Council shall protect, defend, save harmless, and indemnify the City, its officers, agents and employees from and against any and all claims, damages, losses, and expenses, including reasonable attorney's fees occurring, arising, or resulting from any act or omission of Medic I personnel, as defined in RCW 18.71.200 and RCW 18.73.030, done or omitted in good faith while rendering emergency medical and /or advanced life support services under the supervision and control of the Council's designated medical program Director. The Director shall have sufficient and appropriate liability insurance coverage to protect against the liability exposure created by the performance of the duties set forth in this Contract. This section shall not apply to any act or omission which constitutes either gross negligence or wilful or wanton misconduct. 6. Breach A. In the event of either party's material breach of the terms or conditions of this Contract, the non breaching party reserves the right to withhold payments or services until corrective action has been taken or completed. However, the party shall not exercise this right until it has given written notice of such material breach to the breaching party and ten days have passed since the receipt of such notice. This option is in addition to and not in lieu of the party's right to terminate this Contract or any other right which State law offers for breach of contract. B. If either party shall materially breach any of the covenants undertaken herein or any of the duties imposed upon it by 3 this Contract, such material breach shall entitle the other party to terminate this Contract, provided that the party desiring to terminate for such cause shall give the offending party at least twenty days' written notice, specifying the particulars wherein it is claimed that there has been a violation hereof, and if at the end of such time, the party notified has not removed the cause of complaint, or remedied the purported violation, then the termination of this Contract shall be deemed complete. 7. Entire Contract. The parties agree that this Contact is the complete expression of the terms hereto and any oral represen- tation or understanding not incorporated herein is excluded. Further, any modification of this Contract shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto caused this Contract to be executed the day and year first hereinabove written. CITY OF PORT ANGELES BY: 4 r Coo Jt6A T K. SARGENTTJIAYOR ATTEST: 1r1)D Becky J APPROVED AS TO FORM: 7Y LA pt€, Ci y Clerk Craig DcKnu €son, City Attorney CLALLAM COUNTY EMERGENCY MEDICAL SERVICES COUNCIL, INC. By: 41Ak 4/. /W A PRESIDENT ATTEST: Afrita CT S Secretary CONTR MED 4 po yo hks n .y...,_.. A M E M O R A N D U M ISSUE: DM /cw 9 F �EPAR� DATE: January 25, 1995 TO: Mayor Sargent and the City Council FROM: Dan McKeen, Medical Officer RE: 1995 Contract with Clallam County Emergency Medical Services /Trauma Care Council, Inc. Should the City Council authorize the Mayor to sign the 1995 contract with the Clallam County Emergency Medical Services /Trauma Care Council, Inc.? BACKGROUND: The City of Port Angeles contracts with the Clallam County Emergency Medical Services /Trauma Care Council to provide the city with the services of a designated medical program director who is responsible for the following as outlined in WAC 246- 976 -920: Provide medical control and direction of certified prehospital providers in their medical duties. Develop written protocols to direct certified prehospital providers in patient care. Audit the educational performance, skill, maintenance, and field performance of prehospital providers for quality assurance purposes. The Medical Program Director also provides monthly inservice training to the county's certified paramedics. The fee for medical program director services is divided between the three agencies within Clallam County who provide paramedic services. The City's portion is $500 per month for this service. This amount has been budgeted for 1995. RECOMMENDATION: It is recommended that the City Council authorize the Mayor to sign the 1995 contract with the Emergency Medical Services /Trauma Care Council. 1 CONTRACT �n THIS CONTRACT is made this day of toow 199;1, by and between the City of Port Angeles, Washington, hereinafter called "City and the Clallam County Emergency Medical Services/ Trauma Care Council, Inc., hereinafter called "Council REPRESENTATIONS 1. Pursuant to Chapter 8.36 of the Port Angeles Municipal Code, the City has established a Medic I program through the Fire Department to provide emergency medical and advanced life support services. 2. Pursuant to Chapter 18.71 RCW and Chapter 248 -15 WAC, it is required that the City's advanced life support program, hereinafter called "Medic I be supervised by a certified medical program director and that the Medic I personnel be trained, certified and supervised by a certified medical program director. 3. The Council has appointed and contracted with an approved licensed physician, as defined in WAC 248 -15- 020(2), as the Council's designated medical program director, responsible for coordinating matters pertaining to advanced life support services. AGREEMENTS NOW, THEREFORE, in consideration of the payments, covenants and agreements hereinafter recited to be made and performed by the parties hereto, the parties covenant and agree as follows: 1. Scone of Services. The Council will provide the City with the services of its designated medical program director, hereinafter called "Director The Director shall be a licensed physician certified by the Department of Health Emergency Medical Services Section in conjunction with the State Emergency Medical Services Committee and shall meet all applicable qualifications of Chapter 18.71 RCW and Chapter 248 -15 WAC. The Director shall be responsible for: A. Medical control as defined in WAC 248 -15 -020; B. Training or supervision of training of all advanced life support technicians; C. Conducting each month an appropriate in- service training 1 <1,95 session or lecture with Port Angeles Fire Department ALS personnel; D. Control and direction of certified advanced life support technicians in their duties by oral or written communication; E. All medical matters, training and medical control of EMT's as defined in Chapter 18.73 RCW and Chapter 248 -17 WAC; F. Developing and reviewing EMS system treatment, triage and transfer protocols; G. Providing medical control of EMS personnel utilizing written or voice communications and running reviews of the services provided; H. Identifying and defining the medically related duties and responsibilities of EMS system providers; I. Establishing and coordinating the development and implementation of education programs and clinical facilities for EMS training; J. Periodically auditing educational performance and skill maintenance of field personnel; K. Making appropriate recommendations regarding certification, re- certification, or decertification of personnel certified under Chapter 18.71 RCW; L. Formally adopting treatment, transfer and triage protocols for the provision of emergency medical and advanced life support services in Clallam County; M. Holding each month an appropriate run review with Port Angeles Fire Department personnel; and N. Providing a monthly report to the Council outlining the director's activities. 2. Duration of Contract. The performance of this Contract shall commence on the 1st day of January, 1994, and terminate on the 31st day of December, 1994. This contract may be extended or terminated upon mutual written agreement of the parties hereto and pursuant to the terms and conditions of the contract. 2 3. Compensation and Method of Payment. In consideration for the services rendered as specified in Section 1 of this Contract, the City shall pay the Council the sum of $500 per month, to be paid at the end of each month. 4. Independent Contractor Status. The relation created by this Contract is that of independent contracting entities. No employer- employee relationship is created between the City and the Council nor the Council's designated medical program Director. 5. Hold Harmless and Indemnification. The Council shall protect, defend, save harmless, and indemnify the City, its officers, agents and employees from and against any and all claims, damages, losses, and expenses, including reasonable attorney's fees occurring, arising, or resulting from any act or omission of Medic I personnel, as defined in RCW 18.71.200 and RCW 18.73.030, done or omitted in good faith while rendering emergency medical and /or advanced life support services under the supervision and control of the Council's designated medical program Director. The Director shall have sufficient and appropriate liability insurance coverage to protect against the liability exposure created by the performance of the duties set forth in this Contract. This section shall not apply to any act or omission which constitutes either gross negligence or wilful or wanton misconduct. 6. Breach A. In the event of either party's material breach of the terms or conditions of this Contract, the non breaching party reserves the right to withhold payments or services until corrective action has been taken or completed. However, the party shall not exercise this right until it has given written notice of such material breach to the breaching party and ten days have passed since the receipt of such notice. This option is in addition to and not in lieu of the party's right to terminate this Contract or any other right which State law offers for breach of contract. B. If either party shall materially breach any of the covenants undertaken herein or any of the duties imposed upon it by 3 this Contract, such material breach shall entitle the other party to terminate this Contract, provided that the party desiring to terminate for such cause shall give the offending party at least twenty days' written notice, specifying the particulars wherein it is claimed that there has been a violation hereof, and if at the end of such time, the party notified has not removed the cause of complaint, or remedied the purported violation, then the termination of this Contract shall be deemed complete. 7. Entire Contract. The parties agree that this Contact is the complete expression of the terms hereto and any oral represen- tation or understanding not incorporated herein is excluded. Further, any modification of this Contract shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto caused this Contract to be executed the day and year first hereinabove written. CITY OF PORT ELES By: 4' S 'D HALLET MAYOR A ST: .l b Becky J.Up%on, C ty Clerk APPROVED AS TO FORM: Craig D.(nutson, CLALLAM COUNTY EMERGENCY MEDICAL SERVICES COUNCIL, INC. By: ATTEST: Secretary C')N R MED L ity Attorney -6 .l OM O14Lri -t- PRESIDENT 4 CONTRACT THIS CONTRACT is made this day of i .�r,a0A 1993, by and between the City of Port Angeles, Washington, hereinafter called "City and the Clallam County Emergency Medical Services/ Trauma Care Council, Inc., hereinafter called "Council REPRESENTATIONS 1. Pursuant to Chapter 8.36 of the Port Angeles Municipal Code, the City has established a Medic I program through the Fire Department to provide emergency medical and advanced life support services. 2. Pursuant to Chapter 18.71 RCW and Chapter 248 -15 WAC, it is required that the City's advanced life support program, hereinafter called "Medic I be supervised by a certified medical program director and that the Medic I personnel be trained, certified and supervised by a certified medical program director. 3. The Council has appointed and contracted with an approved licensed physician, as defined in WAC 248 -15- 020(2), as the Council's designated medical program director, responsible for coordinating matters pertaining to advanced life support services. AGREEMENTS NOW, THEREFORE, in consideration of the payments, covenants and agreements hereinafter recited to be made and performed by the parties hereto, the parties covenant and agree as follows: 1. Scooe of Services. The Council will provide the City with the services of its designated medical program director, hereinafter called "Director The Director shall be a licensed physician certified by the Department of Health Emergency Medical Services Section in conjunction with the State Emergency Medical Services Committee and shall meet all applicable qualifications of Chapter 18.71 RCW and Chapter 248 -15 WAC. The Director shall be responsible for: A. Medical control as defined in WAC 248 -15 -020; B. Training or supervision of training of all advanced life support technicians; C. Conducting each month an appropriate in- service training 1 session or lecture with Port Angeles Fire Department ALS personnel; D. Control and direction of certified advanced life support technicians in their duties by oral or written communication; E. All medical matters, training and medical control of EMT's as defined in Chapter 18.73 RCW and Chapter 248 -17 WAC; F. Developing and reviewing EMS system treatment, triage and transfer protocols; G. Providing medical control of EMS personnel utilizing written or voice communications and running reviews of the services provided; H. Identifying and defining the medically related duties and responsibilities of EMS system providers; I. Establishing and coordinating the development and implementation of education programs and clinical facilities for EMS training; J. Periodically auditing educational performance and skill maintenance of field personnel; K. Making appropriate recommendations regarding certification, re- certification, or decertification of personnel certified under Chapter 18.71 RCW; L. Formally adopting treatment, transfer and triage protocols for the provision of emergency medical and advanced life support services in Clallam County; M. Holding each month an appropriate run review with Port Angeles Fire Department personnel; and N. Providing a monthly report to the Council outlining the director's activities. 2. Duration of Contract. The performance of this Contract shall commence on the 1st day of January, 1993, and terminate on the 31st day of December, 1993. This contract may be extended or terminated upon mutual written agreement of the parties hereto and pursuant to the terms and conditions of the contract. 2 3. Compensation and Method of Payment. In consideration for the services rendered as specified in Section 1 of this Contract, the City shall pay the Council the sum of $500 per month, to be paid at the end of each month. 4. Independent Contractor Status. The relation created by this Contract is that of independent contracting entities. No employer- employee relationship is created between the City and the Council nor the Council's designated medical program Director. 5. Hold Harmless and Indemnification. The Council shall protect, defend, save harmless, and indemnify the City, its officers, agents and employees from and against any and all claims, damages, losses, and expenses, including reasonable attorney's fees occurring, arising, or resulting from any act or omission of Medic I personnel, as defined in RCW 18.71.200 and RCW 18.73.030, done or omitted in good faith while rendering emergency medical and /or advanced life support services under the supervision and control of the Council's designated medical program Director. The Director shall have sufficient and appropriate liability insurance coverage to protect against the liability exposure created by the performance of the duties set forth in this Contract. This section shall not apply to any act or omission which constitutes either gross negligence or wilful or wanton misconduct. 6. Breach A. In the event of either party's material breach of the terms or conditions of this Contract, the non breaching party reserves the right to withhold payments or services until corrective action has been taken or completed. However, the party shall not exercise this right until it has given written notice of such material breach to the breaching party and ten days have passed since the receipt of such notice. This option is in addition to and not in lieu of the party's right to terminate this Contract or any other right which State law offers for breach of contract. B. If either party shall materially breach any of the covenants undertaken herein or any of the duties imposed upon it by 3 this Contract, such material breach shall entitle the other party to terminate this Contract, provided that the party desiring to terminate for such cause shall give the offending party at least twenty days' written notice, specifying the particulars wherein it is claimed that there has been a violation hereof, and if at the end of such time, the party notified has not removed the cause of complaint, or remedied the purported violation, then the termination of this Contract shall be deemed complete. 7. Entire Contract. The parties agree that this Contact is the complete expression of the terms hereto and any oral represen- tation or understanding not incorporated herein is excluded. Further, any modification of this Contract shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto caused this Contract to be executed the day and year first hereinabove written. CITY OF PORT GELES By: 14 E5` HALLEr, MAYOR ST: Becky J. Upt n, City Clerk APPROVE- AS TO FORM: Craig D. Knutson, City Attorney CLALLAM COUNTY EMERGENCY MEDICAL SERVICES COUNCIL, INC. By: 4I a F-fv PRESIDENT ATTEST: Secretary GQNrR MED 4 4 Q F PORT q c -4t%(‘‘.:° 1161.. L'-.p �.tLEx'.hF` "i September 29, 1993 Attachments TO: Manager Pomeranz, Mayor Hallett and City Council FROM: Dan McKeen, Medical Officer Fire Department CITY OF PORT ANGELES 321 EAST FIFTH ST P 0 BOX 1150 PORT ANGELES, WASHINGTON 98362 PHONE (206) 457.0411 SUBJECT: 1993 1994 Contracts with Clallam County Emergency Medical Services /Trauma Care Council, Inc. ISSUE: Should the City Council authorize the Mayor to sign the 1993 1994 contracts with the Clallam County Emergency Medical Services /Trauma Care Council, Inc.? BACKGROUND /ANALYSIS: Over the past several years, the City of Port Angeles has contracted with the Clallam County Emergency Medical Services /Trauma Care Council. The Council provides the City with the services of a designated medical program director who is responsible for providing medical control, training, supervision, procedures, protocol, etc. The City pays $500 per month for this service. RECOMMENDATION: It is recommended that the City Council authorize the Mayor to sign the 1993 1994 contracts with the Emergency Medical Services /Trauma Care Council. CONTRACT THIS CONTRACT is made this 21st day of April 1992, by and between the City of Port Angeles, Washington, hereinafter called "City and the Clallam County Emergency Medical Services/ Trauma Care Council, Inc., hereinafter called "Council REPRESENTATIONS 1. Pursuant to Chapter 8.36 of the Port Angeles Municipal Code, the City has established a Medic I program through the Fire Department to provide emergency medical and advanced life support services. 2. Pursuant to Chapter 18.71 RCW and Chapter 248 -15 WAC, it is required that the City's advanced life support program, hereinafter called "Medic I be supervised by a certified medical program director and that the Medic I personnel be trained, certified and supervised by a certified medical program director. 3. The Council has appointed and contracted with an approved licensed physician, as defined in WAC 248 -15- 020(2), as the Council's designated medical program director, responsible for coordinating matters pertaining to advanced life support services. AGREEMENTS NOW, THEREFORE, in consideration of the payments, covenants and agreements hereinafter recited to be made and performed by the parties hereto, the parties covenant and agree as follows: 1. Scope of Services. The Council will provide the City with the services of its designated medical program director, hereinafter called "Director The Director shall be a licensed physician certified by the Department of Health Emergency Medical Services Section in conjunction with the State Emergency Medical Services Committee and shall meet all applicable qualifications of Chapter 18.71 RCW and Chapter 248 -15 WAC. The Director shall be responsible for: A. Medical control as defined in WAC 248 -15 -020; B. Training or supervision of training of all advanced life support technicians; C. Conducting each month an appropriate in- service training 1 L/, 95 session or lecture with Port Angeles Fire Department ALS personnel; D. Control and direction of certified advanced life support technicians in their duties by oral or written communication; E. All medical matters, training and medical control of EMT's as defined in Chapter 18.73 RCW and Chapter 248 -17 WAC; F. Developing and reviewing EMS system treatment, triage and transfer protocols; G. Providing medical control of EMS personnel utilizing written or voice communications and running reviews of the services provided; H. Identifying and defining the medically related duties and responsibilities of EMS system providers; I. Establishing and coordinating the development and implementation of education programs and clinical facilities for EMS training; J. Periodically auditing educational performance and skill maintenance of field personnel; K. Making appropriate recommendations regarding certification, re- certification, or decertification of personnel certified under Chapter 18.71 RCW; L. Formally adopting treatment, transfer and triage protocols for the provision of emergency medical and advanced life support services in Clallam County; M. Holding each month an appropriate run review with Port Angeles Fire Department personnel; and N. Providing a monthly report to the Council outlining the director's activities. 2. Duration of Contract. The performance of this Contract shall commence on the 1st day of January, 1992, and terminate on the 31st day of December, 1992. This contract may be extended or terminated upon mutual written agreement of the parties hereto and pursuant to the terms and conditions of the contract. 2 3. Compensation and Method of Payment. In consideration for the services rendered as specified in Section 1 of this Contract, the City shall pay the Council the sum of $500 per month, to be paid at the end of each month. 4. Independent Contractor Status. The relation created by this Contract is that of independent contracting entities. No employer employee relationship is created between the City and the Council nor the Council's designated medical program Director. 5. Hold Harmless and Indemnification. The Council shall protect, defend, save harmless, and indemnify the City, its officers, agents and employees from and against any and all claims, damages, losses, and expenses, including reasonable attorney's fees occurring, arising, or resulting from any act or omission of Medic I personnel, as defined in RCW 18.71.200 and RCW 18.73.030, done or omitted in good faith while rendering emergency medical and /or advanced life support services under the supervision and control of the Council's designated medical program Director. The Director shall have sufficient and appropriate liability insurance coverage to protect against the liability exposure created by the performance of the duties set forth in this Contract. This section shall not apply to any act or omission which constitutes either gross negligence or wilful or wanton misconduct. 6. Breach A. In the event of either party's material breach of the terms or conditions of this Contract, the non breaching party reserves the right to withhold payments or services until corrective action has been taken or completed. However, the party shall not exercise this right until it has given written notice of such material breach to the breaching party and ten days have passed since the receipt of such notice. This option is in addition to and not in lieu of the party's right to terminate this Contract or any other right which State law offers for breach of contract. B. If either party shall materially breach any of the covenants undertaken herein or any of the duties imposed upon it by 3 e this Contract, such material breach shall entitle the other party to terminate this Contract, provided that the party desiring to terminate for such cause shall give the offending party at least twenty days' written notice, specifying the particulars wherein it is claimed that there has been a violation hereof, and if at the end of such time, the party notified has not removed the cause of complaint, or remedied the purported violation, then the termination of this Contract shall be deemed complete. 7. Entire Contract. The parties agree that this Contact is the complete expression of the terms hereto and any oral represen- tation or understanding not incorporated herein is excluded. Further, any modification of this Contract shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto caused this Contract to be executed the day and year first hereinabove written. CITY OF PORT AN. LES By: /1/ S D. HALLET° T', MAYOR ATTEST: APPROVED AS TO FORM: iCc Craig D. \Knutson, City Attorney CLALLAM COUNTY EMERGENCY MEDICAL SERVICES COUNCIL, INC. By: 4 &,66L 2& PRESIDENT ATTEST: 1-74 ‘v1 Secretary CONTR.MED !!t A Ci'y Clerk 4 4 3±!91447 pORTgN FN CLEF ir mt. y CITY OF PORT ANGELES 321 EAST FIFTH ST P 0 BOX 1150 PORT ANGELES, WASHINGTON 98362 ti PHONE (206) 457 -0411 'OATIVE February 20, 1991 Mr. David Hanna President Clallam County Emergency Medical Services Council P. O. Box 563 Port Angeles, WA 98362 Re: Contract between the City of Port Angeles and the Clallam County Emergency Medical Services Council Dear Mr. Hanna: At its meeting of February 19, 1991, the Port Angeles City Council approved the above referenced agreement between the City and the Clallam County Emergency Medical Services Council for the period, January 1, 1991 through December 31, 1991. Enclosed for your file is a fully executed copy of the agreement. Should any questions arise concerning this agreement, please contact the Port Angeles Fire Department at 457 -4545. We look forward to the continued working relationship with the EMS Council! Sincerely yours, Becky J. Upton City Clerk enc Copy: Larry Glenn, Fire Chief CONTRACT THIS CONTRACT, made this JO-. day of �#_o 1991, by and between the City of Port Angeles, Washington, he T inafter called "City and the Clallam County Emergency Medical Services Council, Inc., hereinafter called "Council REPRESENTATIONS 1. Pursuant to Chapter 8.36 of the Port Angeles Municipal Code, the City has established a Medic I program through the Fire Department to provide emergency medical and advanced life support services. 2. Pursuant to Chapter 18.71 RCW and Chapter 248 -15 WAC, it is required that the City's advanced life support program, hereinafter called "Medic I be supervised by a certified medical program director and that the Medic I personnel be trained, certified and supervised by a certified medical program director. 3. The Council licensed physician, Council's designated has appointed and contracted with an approved as defined in WAC 248 -15- 020(2), as the medical program director, responsible for coordinating matters pertaining to advanced life support AGREEMENTS NOW, THEREFORE, in consideration of the payments, services. covenants and agreements hereinafter recited to be made and performed by the parties hereto, the parties covenant and agree as follows: 1. Scone of Services. The Council will provide the City with the services of its designated medical program director, hereinafter called "Director The Director shall be a licensed physician certified by the Department of Health Emergency Medical Services Section in conjunction with the State Emergency Medical Services Committee and shall meet all applicable qualifications of Chapter 18.71 RCW and Chapter 248 -15 WAC. The Director shall be responsible for: A. Medical control as defined in WAC 248 -15 -020; B. Training or supervision of training of all advanced life support technicians; C. Control and direction of certified advanced life support 1 technicians in their duties by oral or written communication; D. All medical matters, training and medical control of EMT's as defined in Chapter 18.73 RCW and Chapter 248 -17 WAC; E. Shall develop EMS system treatment, triage and transfer protocols; F. Shall provide medical control of EMS personnel utilizing written or voice communications and run reviews of the services provided; G. Shall identify and define the medically- related duties and responsibilities of EMS system providers; H. Shall establish and coordinate the development and implementation of education programs and clinical facilities for EMS training; I. Shall periodically audit educational performance and skill maintenance of field personnel; J. Shall make appropriate recommendations regarding certification, re- certification, or decertification of personnel certified under Chapter 18.71 RCW; K. Shall formally adopt treatment, transfer and triage protocols for the provision of emergency medical and advanced life support services in Clallam County; and L. Shall hold each month an appropriate run review with Port Angeles Fire Department personnel. 2. Duration of Contract. The performance of this Contract shall commence on the 1st day of January, 1991, and terminate on the 31st day of December, 1991. This contract may be extended or terminated upon mutual written agreement of the parties hereto and pursuant to the terms and conditions of the contract. 3. Compensation and Method of Payment. In consideration for the services rendered as specified in Section 1 of this Contract, the City shall pay the Council the sum of $500 per month, to be paid at the end of each month. 4. Independent Contractor Status. The relation created by 2 this Contract is that of independent contracting entities. No employer- employee relationship is created between the City and the Council nor the Council's designated medical program Director. 5. Hold Harmless and Indemnification. The Council shall protect, defend, save harmless, and indemnify the City, its officers, agents and employees from and against any and all claims, damages, losses, and expenses, including reasonable attorney's fees occurring, arising, or resulting from any act or omission of Medic I personnel, as defined in RCW 18.71.200 and RCW 18.73.030, done or omitted in good faith while rendering emergency medical and /or advanced life support services under the supervision and control of the Council's designated medical program Director. The Director shall have sufficient and appropriate liability insurance coverage to protect against the liability exposure created by the performance of the duties set forth in this Contract. This section shall not apply to any act or omission which constitutes either gross negligence or wilful or wanton misconduct. 6. Breach A. In the event of either party's material breach of the terms or conditions of this Contract, the non breaching party reserves the right to withhold payments or services until corrective action has been taken or completed. However, the party shall not exercise this right until it has given written notice of such material breach to the breaching party and ten days have passed since the receipt of such notice. This option is in addition to and not in lieu of the party's right to terminate this Contract or any other right which State law offers for breach of contract. B. If either party shall materially breach any of the covenants undertaken herein or any of the duties imposed upon it by this Contract, such material breach shall entitle the other party to terminate this Contract, provided that the party desiring to terminate for such cause shall give the offending party at least twenty days' written notice, specifying the particulars wherein it is claimed that there has been a violation hereof, and if at the 3 end of such time, the party notified has not removed the cause of complaint, or remedied the purported violation, then the termination of this Contract shall be deemed complete. 7. Entire Contract. The parties agree that this Contact is the complete expression of the terms hereto and any oral represen- tation or understanding not incorporated herein is excluded. Further, any modification of this Contract shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto caused this Contract to be executed the day and year first hereinabove written. CITY OF PORT ANGELES By: 5.- ekv-Lekaive3R4Ak Jt1 SARGENT, MAtgR ATTEST: i Becky J. pt'o, City Clerk APPROV D AS TO FORM: Craig D. nutson, City Attorney CLALLAM COUNTY EMERGENCY MEDICAL SERVICES COUNCIL, INC. By: 'Gl PRESIDENT COP ?TR MED 4 y °F pORTgNc gr %67111111/ V R ATIVE March 21, 1990 David Hanna, President Clailam County Emergency Medical Services Council P.O. Box 563 Port Angeles, WA 98362 Dear Mr. Hanna: Thank you. MMM:CH Attachment cc: Fire Department City Attorney CITY OF PORT ANGELES 321 EAST FIFTH ST P 0 BOX 1150 PORT ANGELES. WASHINGTON 98362 PHONE (206) 457 -0411 I am sending a fully executed copy of the contract between the City and the Clailam County Emergency Medical Services Council, which was approved by the City Council at their regular meeting of March 20, 1990. If you have any questions regarding this contract, please direct your calls to the Fire Department at 452 -4545. cerely, ichelle M. Maike City Clerk CONTRACT SY THIS CONTRACT, made this day of TAnURta 1 1990; by and between the City of Port Angeles, Washington, hereinafter called "City and the Clallam County Emergency Medical Services Council, Inc., hereinafter called "Council REPRESENTATIONS 1. Pursuant to Chapter 8.36 of the Port Angeles Municipal Coin, the City has established a Medic I program through i.iie Fire Department to provide emergency medical and advanced life support services. 2. Pursuant to Chapter 18.71 RCW and Chapter 248 -15 WAC, it is required that the City's advanced life support program, hereinafter called "Medic I be supervised by a certified medical program director and that the Medic I personnel be trained, certified and supervised by a certified medical program director. 3. The Council has appointed and contracted with an approved licensed physician, as defined in WAC 248 -15- 020(2), as the Council's desi.gnateci .Deui,al program director, responsible for coordinating matters pertaining to advanced life support services. AGREEMENTS NOW, THEREFORE, in consideration of the payments, covenants and agreements hereinafter recited to be made and performed by the parties hereto, the parties covenant and agree as follows: 1. Scope of Services. The Council will provide the City with the services of its designated medical program director, hereinafter called "Director The Director shall be a licensed physician certified by the Department of Health Emergency Medical Services Section in conjunction with the State Emergency Medical Services Committee and shall meet all applicable qualifications of cnapter 18.11 RCW and Chapter 248 -15 WAC. The director stiall be responsible for: A. Medical control as defined in WAC 248 -15 -020; B. Training or supervision of training of all advanced life support technicians; C. Control and direction of certified advanced life support technicians in their duties by oral or written communication; D. All medical matters, training and medical control of EMT's as defined in Chapter 18.73 RCW and Chapter 248 -17 WAC; E. Shall develop EMS system treatment, triage and transfer protocols; F. a l l d EMS l u utilizing .a2d�..,.� control of personnel ....iiizing written or voice communications and run reviews of the services provided; G. Shall identify and define the medically- related duties and responsibilities of EMS system providers; H. Shall establish and coordinate the development and implementation of education programs and clinical facilities for EMS training; I. Shall periodically audit educational performance and skill maintenance of field personnel; J. Shall make appropriate xecommandaticns regarding certification, re- certification, or decertification of personnel certified under Chapter 18.71 RCW; K. Shall formally adopt treatment, transfer and triage protocols for the provision of emergency medical and advanced life support services in Clallam County; and L. Shall hold each month an appropriate run review with Port Angeles Fire Department personnel. 2. Duration of Contract. The performance of this Contract shall commence on the 5 day of Ta l) 'aRu 1990, and terminate on the 31 5r day of DE- 0-try 19 90 This contract may be extended or terminated upon mutual written agrement ui the parties nereto and pursuant to the terms and conditions of the contract. 3. Compensation and Method of Payment. In consideration for the services rendered as specified in Section 1 of this Contract, the City shall pay the Council the sum of $500 per month, to be paid at the end of each month. 2 4. Independent Contractor Status. The relation created by this Contract is that of independent contracting entities. No employer- employee relationship is created between the City and the Council nor the Council's designated medical program Director. 5. Hold Harmless and Indemnification. The Council shall protect, defend, save harmless, and indemnify the City, its officers, agents and employees from and against any and all claims, damages, looses, and expenses, including reasohab1e attorney's fees occurring, arising, or resulting from any act or omission of Medic I personnel, as defined in RCW 18.71.200 and RCW 18.73.030, done or omitted in good faith while rendering emergency medical and /or advanced life support services under the supervision and control of the Council's designated medical program Director. The Director shall have sufficient and appropriate liability insurance coverage to protect against the liability exposure created by the performance of the duties set forth in this Contract. This section shall not apply to any act or omission which constitutes either gross ney1ag nce or wilful or wanton misconduct. 6. Breach A. In the event of either party's material breach of the terms or conditions of this Contract, the non breaching party reserves the right to withhold payments or services until corrective action has been taken or completed. However, the party shall not exercise this right until it has given written notice of such material breach to the breaching party and ten days have passed since the receipt of such notice. This option is in addition to and not in lieu of the party's right to terminate this Contract or any other right which State law offers for breach of contract. b. if either party small materially breach any or the covenants undertaken herein or any of the duties imposed upon it by this Contract, such material breach shall entitle the other party to terminate this Contract, provided that the party desiring to terminate for such cause shall give the offending party at least twenty days' written notice, specifying the particulars wherein it 3 is claimed that there has been a violation hereof, and if at the end of such time, the party notified has not removed the cause of complaint, or remedied the purported violation, then the termination of this Contract shall be deemed complete. 7. Entire Contract. The parties agree that this Contact is the complete expression of the terms hereto and any oral represen- tation or understanding not incorporated herein is excluded. Further, an modification of this Contract shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto caused this Contract to be executed the day and year first hereinabove written. CITY OF PORT ANGELES By: ,e �a Y, �szne, p JOAN (�1 RGENT, MAY0# A EST: vv I ichel a Mii e, &ity perk APPROVE AS TO FORM: ATTEST: CONTR.MED Craig D. Fnutson, City Attorney CLALLAM COUNTY EMERGENCY MEDICAL SERVICES COUNCIL, INC. By: .1 PRESIDENT Secretary 4 CONTRACT TIIIS CONTRACT, made this 2(') day of yfl R\/ 1986, by and between the City of Port Angeles, Washington, hereinafter called "City and the Clallam County Emergency Medical Services Council, Inc. hereinafter called "Council REPRESENTATIONS 1 Pursuant to Chapter 8.36 of the Port Angeles Municipal Code, the City has established a Medic I program through the Fire Department to provide emergency medical and advanced life support services. 2. Pursuant to Chapter 18.71 RCW and Chapter 248 -15 WAC, it is required that the City's advanced life support program, hereinafter called "Medic I be supervised by an approved licensed physician and that the Medic I paramedics be trained, certified and supervised by an approved licensed physician. 3. The Council has appointed an approved licensed physician, as defined in WAC 214 -15- 020(2), as the Council's designated physician program airector, responsible for coordinating matters pertaining to an advanced life support system. AGREEMENTS Now, therefore, in consideration of payments, covenants and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and agree as follows: 1. Scope of Services. The Council will provide the City with the services of Its designated physician program director, hereinafter called "Director The Director shall be a licensed physician and meet the qualifications of Chapter 18.71 RCW and WAC 248 -15- 020(2). The Director shall perform the training, certification, and supervisory requirements of Chapter 18.71 RCW and Chapter 248 -15 WAC for the City's Medic I program. As part of the Director's supervisory duties, the director shall hold each month an appropriate run review with the Port Angeles Fire Department paramedics. 2. Duration of Contract. The performance of this Contract shall commence on the 1st day of January, 1986, and terminate on the 31st day of December, 1986. The duration of the Contract may be extended or terminated upon mutual written agreement of the parties hereto and pursuant to the terms and conditions of the Contract. 3. Compensation and Method of Payment. In consideration for the services rendered as specified in Section 1 of this Contract, the City shall pay the Council $500 a month, to be paid by the end of each month. 't. Independent Contractor Status. The relation created by this Contract is that of independent contracting entities. No employer employee relationship is created between the City and the Council nor the Council's designated physician program Director. 5. Hold Harmless and Inuemnification. The Council shall protect, defend, save harmless, and indemnify the City, its officers, agents and employees from and against any and all claims, damages, losses, and expenses, including reasonable attorney's fees occurring, arising, or resulting from any act or omission of a Medic 1 paramedic, as defined in RCW 18.71.200, done or omitted in good faith while rendering emergency medical and /or advanced life support services under the supervision and control of the Council's designated physician program Director. The Director shall have sufficient and appropriate liability insurance coverage to protect against the liability exposure created by the performance of the duties set forth in this Contract. 6. Breach. A. In the event of either party's material breach of the terms or conditions of this Contract, the non breaching party reserves the right to withhold payments or services until corrective action has been taken or completed. However, the party shall not exercise this right until it has given written notice of such material breach to the breaching party and ten days have passed since the receipt of such notice. This option is in addition to aria not in lieu of the party's right to terminate this Contract or any other right which State law offers for breach of contract. B. If either party shall materially breach any of the covenants undertaken herein or any of the duties imposed upon it by this Contract, such material breach shall entitle the other party to terminate this Contract, provided that the party desiring to terminate for such cause shall give the 2- offending party at least twenty days' written notice, specifying the particulars wherein it is claimed that there has been a violation hereof, and if at the end of such time, the party notified has not removed the cause of complaint, or remedied the purported violation, then the termination of this Contract shall be deemed complete. 7. Entire Contract. The parties agree that this Contract is the complete expression of the terms hereto and any oral representation or understanding not incorporated herein is excluded. Further, any modification of this Contract shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto caused this Contract to be executed the day and year first hereinabove written. ATTEST l QA M Anderson, A Sherri L. Acting City Cler< APPRWIED AS TO FORM• Craig [J. 'K,Ciutst5n, City Attorney A. M. Martin, secretary CITY OF PORT ANGELES BY: b1 A 2d �D, it�aai CLALLAM COUNTY EMERGENCY MEDICAL SERVICES COUNCIL BY: lr PRESIDENT