HomeMy WebLinkAboutR2017-131 2017-07-10RESOLUTION NO. R2017-131
A Resolution of the City Council of the City of Pearland, Texas,
renewing a contract with the University of Texas Health Science Center
at Houston for the services of Richard Bradley, M.D. to be the EMS
Medical Director, in the estimated amount of $58,547.00 for the period
of August 1, 2017 to July 31, 2018.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for EMS Medical Director services, a copy of
which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby
renewed.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract for EMS Medical Director services.
PASSED, APPROVED and ADOPTED this the 10th day of July, A.D., 2017.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Resolution No. R2017-131
Exhibit "A"
RESOLUTION NO. R2015-125
A Resolution of the City Council of the City of Pearland, Texas,
authorizing a contract with the University of Texas Health Science
Center at Houston for the services of Richard Bradley, M.D. to be the
EMS Medical Director, in the estimated amount of $58,547.00 for the
period of August 1, 2015 to July 31, 2016.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for EMS Medical Director services, a copy of
which is attached hereto as Exhibit"A" and made a part hereof for all purposes, is hereby
authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract for EMS Medical Director services.
PASSED,APPROVED and ADOPTED this the 27thday of July,A.D., 2015.
TOM REID
MAYOR
ATTEST:
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
a. Establish the circumstances under which a patient might not be transported;
b. Establish the circumstances under which a patient may be transported against his or her
will in accordance with state law,including approval of appropriate procedures,forms,
and a review process;and
c. Establish criteria for selection of a patient's destination.
6. The Director will serve as the primary liaison between the PFD administration and the local
medical community. In order to ascertain and be responsive to the needs of each, he will meet
for this purpose at least semi-annually with medical directors from local emergency
departments.
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ATTACHMENT I
SCOPE OF SERVICES
1. Dr. Bradley will provide a substantial portion of his professional time to this project to perform
the duties outlined in 22 TAC§ 197.3 "Off-Line Medical Director." Dr. Bradley will provide 15%
of his full-time efforts,which will average 6 hours per week at Pearland Fire Department
facilities,excepting standard, institutionally-approved holidays and vacation periods.
2. The Director will establish specific minimum criteria for training,experience and knowledge that
each of the PFD personnel employed by and/or volunteering with PFD under the Director's
supervision,regardless of the level of state certification or licensure is required to meet. Once
the Director has determined that a person has met these minimums,he will issue a
Memorandum of Approval to Render Care to each person with a copy to PFD.
3. The Director will direct an effective system audit and quality assurance program.
a. Working with PFD administration,The Director will establish a written protocol for an
effective quality assurance program.
b. The protocol will establish criteria for compliance with field performance guidelines.
c. The protocol will provide specific procedures for monitoring criteria for compliance with
field performance guidelines.
d. Working with PFD administration,he will determine standards and objectives for
medically related aspects of operations of the fire department.
i. These will include mixed indicators of performance,such as compliance with
section 5.3 of NFPA 1710,the NHTSA Emergency Medical Services Performance
Measures,and specific evaluation of tracer conditions such that have high and
potential for improved outcomes.
ii. The Director will ensure that these outcome measures are regularly evaluated
and reported to the CoP. The Medical Director will ensure that trends are
evaluated and tracked and will implement corrective action as necessary to
improve outcomes.
e. The protocol will include a comprehensive mechanism for management of patient care
incidents,including patient complaints,allegations of substandard care,and deviations
from established protocols and patient care standards. It will also establish specific
types of incidents that would result in remedial or corrective measures for PFD
personnel,in conjunction with local administration,which may include,but are not
limited to,counseling, retraining,testing,probation,field preceptorship,and/or
suspension from approval to render care for due cause pending review and evaluation.
4. The Director will establish and monitor training guidelines that that meet or exceed the
minimum standards set forth in the Texas Department of State Health Services EMS certification
regulations.
5. The Director will develop, implement,and regularly revise and review EMS Protocols and
Standing Delegation Orders governing prehospital care and medical aspects of patient triage,
transfer,dispatch,extrication,rescue and radio-telephone-telemetry communication by PFD.
Other components of these protocols shall:
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VI. ACCEPTANCE AND APPROVAL SIGNATURES\
This Contract is hereby acknowledged by the following authorized representative of UTHealth and CoP:
THE CITY • PEARLAND THE UNIVERSITY OF TEXAS
I HEALTH SCIENCE CENTER AT HOUSTON
By: _ / By:
T. Kevin Dillon
Print-• Name: Clay J Pearson Senior Executive Vice President,
Title: City Manager Chief Operating and Financial Officer
Date Signed:_ July 27, 2015 Date Signed: 7/(9-111s.
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Resolution No. R2015-125
Exhibit"A"
CONTRACT
BETWEEN
THE CITY OF PEARLAND
AND
THE UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT HOUSTON
L PARTIES
This Contract is entered into this twenty-seventh day of July 2015,by and between the City of Pearland
(CoP),a municipality organized under the laws of the State of Texas,and The University of Texas Health
Science Center at Houston,on behalf of its Department of Emergency Medicine(UTHealth),a state
institution of higher education under laws of the State of Texas.
IL PURPOSE
This Contract is for the purpose of providing the services of Richard N. Bradley,M.D.(Dr.Bradley)a
qualified physician licensed by the Texas Medical Board,to serve as an EMS Medical Director(Director)
of CoP's Emergency Medical Services Program(Program),and who will provide medical oversight to the
Program located at 2703 Veterans Drive,Pearland,TX 77584-1410.
III. RESPONSIBLITIES OF THE PARTIES
UTHealth shall provide Dr.Bradley,as a qualified physician licensed by the Texas Medical Board and
credentialed in accordance with the credentialing procedures approved by the CoP's management to serve
as Director for a minimum of twenty-four(24)hours per month.Dr.Bradley will perform the required
services in accordance with the Texas Administrative Code Chapter 197,"Emergency Medical Service,"
as set forth in Attachment 1:Scope of Services. In the event that Dr.Bradley is on leave greater than
fourteen(14)consecutive days,UTHealth will appoint an interim EMS Medical Director to serve in his
absence. UTHealth may name a licensed physician to serve as Associate EMS Medical Director at no
additional cost or responsibility of the City. Professional Liability and Malpractice Insurance shall be
provided by UT Health in the form of a certificate of self-insurance.
CoP will provide funding in the amount of$58,547.67 for the first year to satisfy its obligations under
this Agreement. Such funds will be paid in twelve(12)equal monthly installments of$4,878.97. After
the first year the rate shall vary proportionally to the annual rate of change of the Consumer Price Index-
All Urban Consumers(CPI-U). CoP shall pay UTHealth within thirty(30)days after receipt of
UTHealth's monthly invoice.
CoP will provide standard office equipment to include an office phone,computer,office supplies,
workspace,and a two-way radio. CoP will provide the Director with full access to its electronic records
system for the review of patient care records and quality assurance/quality improvement(QA/QI).
IV. PERIOD OF AGREEMENT
This Contract shall commence August 1,2015 and continue through July 31,2017,unless terminated
sooner.After this period,this Contract shall renew automatically for one(1)year terms under the same
terms and conditions,except for annual increases as described above unless amended or terminated
according to terms set forth herein. Either party may terminate this Contract,with or without cause,by
providing ninety(90)days written notice to the other party.This Contract is subject to the availability of
funds. CoP warrants that it currently has funds available to meets its obligations under this Contract and
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in the event such funds become unavailable for any reason,CoP shall provide written notice to UTHealth.
CoP shall remain obligated to compensate UTHealth for services provided hereunder up to and including
the date UTHealth receives notice of CoP's loss of funding.
V. MISCELLANEOUS PROVISIONS
1. For the purposes of this Contract and all services to be provided hereunder,the parties shall be,
and shall be deemed to be,independent contractors and not agents or employees of the other party.
Neither party shall have authority to make any statement,representation,commitment,or take any action
of any kind which shall be binding on the other party,except as may be expressly provided for herein or
in writing or in accordance with 22 TAC§197.3.
2. No amendment or modification of this Contract shall be valid unless reduced to writing and
signed by both parties.
3. Neither party shall voluntarily or by operation of law,assign or otherwise transfer its rights or
obligations under the terms of this Contract without the prior written consent-of this other party. Any
attempted assignment or transfer by either party of its rights or obligations without such consent shall be
void.
4. All notices which are,or may be required to be given by a party to the other party in connection
with this Contract,shall be in writing and shall be deemed to have been properly given if and when
delivered personally or sent by certified mail,return receipt requested,addressed to the parties to be
notified,or at such other place or places as a party may from time to time designate by written notice to
the other party.
To CoP: To UTHealth:
City of Pearland The University of Texas Health Science Center
Purchasing Department at Houston,Department of Emergency Medicine
3519 Liberty Dr. Attn:Janet Sherry
Pearland,TX 77581 6431 Fannin St.,JJL 446
Houston,Texas 77030
5. This Contract shall be governed in all respects by the laws of the State of Texas. The invalidity
or unenforceability of any terms or conditions hereof shall in no way affect the validity or enforceability
of any other terms or condition of this contract.
6. This Contract represents the entire and only agreement between the parties relating to the subject
matter contained herein and supersedes any and all discussions,negotiations,and representations of any
kind and represents the entire understanding of the parties hereinabove mentioned.
[SIGNATURE PAGE FOLLOWS]
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Resolution No. R2017-31
Exhibit "A"
REIMBURSEMENT AND MAINTENANCE AGREEMENT
This Agreement is entered into this /d'day of February, 2017, by and between the CITY
OF PEARLAND, TEXAS (hereinafter "City"), and the Pearland Economic Development
Corporation (hereinafter "PEDC").
WHEREAS, the PEDC is a Type B economic development corporation, created
pursuant to Chapter 505 of the Texas Local Government Code, as amended; and
WHEREAS, the City and PEDC desire the construction of Kirby Drive Entryway and
Corridor Enhancements (hereinafter "Improvements"); and
WHEREAS, Section 501.103 of the Texas Local Government Code (hereinafter"Code"),
in pertinent part, defines the term "project" to mean "expenditures that are found by the
board of directors to be required or suitable for infrastructure necessary to promote or
develop new or expanded business enterprises, limited to: (1) streets and roads, rail
spurs, water and sewer utilities, electric utilities, or gas utilities, drainage, site
improvements, and related improvements; (2) telecommunications and Internet
improvements . . ."; and
WHEREAS, Section 505.303 of the Code, allows for the cost of the project to include the
maintenance and operating costs of the project; and
WHEREAS, the PEDC desires to fund the construction and long term maintenance of the
Improvements; and
WHEREAS, PEDC approved funding the Improvements at its January 19, 2017 Board
of Directors' meeting, after conducting a public hearing on the project; and
WHEREAS, City and PEDC desire an agreement to set forth their respective
responsibilities with regard to the Improvements.
WITNESSETH:
NOW THEREFORE, in consideration of the foregoing premises and other good and
valuable consideration the receipt and sufficiency of which is hereby acknowledged, it is
hereby agreed as follows:
1. City shall hire a contractor to construct the Improvements shown in Exhibit "A"
attached hereto.
2. City has obtained competitive line item bids in accordance with Local Government
Code Chapter 252 for the construction of the Improvements. City shall review the
bids and award a contract to the respondent offering the best value to the City
within ninety (90) days. City reserves the right to reject any and all bids for the
construction of the Improvements. PEDC must approve the bid, and any change
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order that exceeds 15% of the bid. Following award of the bid by City, City shall
cause construction of the Improvements to commence on or before April 1, 2017
("Commencement Date"), and shall cause the Improvements to be completed in
accordance with the plans and specifications within a reasonable period of time.
3. City shall on a timely basis submit, to the PEDC, invoices submitted to the City by
the contractor selected to construct the Improvements. PEDC shall, within ten (10)
days following receipt of an invoice pursuant to this section, review and approve
the invoice payment for payment to the contractor constructing the Improvements.
4. The total estimated cost of the Improvements is approximately $1,130,036, as
itemized in, Exhibit "B" hereto attached. PEDC shall fund an amount equal to the
actual cost of the improvements, which shall be paid to City in installments or a
lump sum amount. The timing and amount of the payment shall be determined at
sole discretion of the City, but in no event shall the total payments exceed the
actual cost of the improvements.
5. The City has entered into a maintenance agreement with the Lower Kirby Pearland
Management District, which has agreed to maintain the Improvements, including
but not limited to the entry feature, mowing, trimming, edging, clean up and trash
removal, turf and shrub fertilization, post emergent application, mulching, irrigation
system maintenance, fountain maintenance, and monthly electrical use, for as long
as the Improvements remain in place.
6. The initial term of this Agreement shall be for a period of twelve (12) months,
commencing on the 13'day of February, 2017, and may be renewed as needed
until the Improvements are substantially complete.
7. This Agreement may only be amended, modified, or supplemented by written
agreement and signed by both parties.
8. No assignment by a party hereto of any rights under or interests in this agreement
will be binding on another party hereto without the written consent of the party
sought to be bound; and specifically but without limitation moneys that may
become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an assignment
no assignment will release or discharge the assignor from any duty or responsibility
under this Agreement.
9. Nothing herein is intended to supersede or waive any City ordinance or regulation
pertaining to such construction.
10. Whenever possible, each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of
this Agreement is prohibitive or invalid under applicable law, such provision shall
be ineffective to the extent of such provision or invalidity, without invalidating the
remainder of such provision or the remaining provisions of this Agreement.
AINIkk
11. This Agreement shall be construed and enforced in accordance with and governed
by the laws of the State of Texas.
12. To accomplish execution of this Agreement, it may be executed in multiple
counterparts.
13. The Parties agree that any suit arising out of or related to this Agreement shall be
filed in Brazoria County Texas.
14. All notices which are required or may be given pursuant to this Agreement shall be
in writing and shall be sufficient if delivered personally or by first class mail, postage
prepaid, return receipt requested, or by a nationally recognized courier, to the
parties and their attorneys at the addresses set out below or such other addresses
as the parties or their attorneys may hereafter notify one another:
If to City: City of Pearland
Attn: Clay Pearson, City Manager
3519 Liberty Drive
Pearland, TX 77581
If to PEDC: Pearland Economic Development Corporation
Attn: Chairman
3519 Liberty Drive, Suite 400
Pearland, TX 77581
Notice delivered in accordance with the terms hereof shall be effective upon receipt.
In witness whereof, the parties have hereunto set their hands and signatures on the date
first above mentioned.
PEARLAND ECONOMIC DEVELOPMENT
CORPORATION
a Texas non-profit corpora on
By:
Rushi Patel
Chair
CITY OF PEARLAND,
a Texas mu,ucipal corporation
By:
Clay P son,
City Manager
ATTEST: ,•��`FARiq %
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