R2020-016 2020-01-13 RESOLUTION NO. R2020-16
A Resolution of the City Council of the City of Pearland, Texas, renewing a
contract with Katarzyna (Kasia) Kimmel, MD/ MPH for EMS Medical Director
services, in the estimated amount of$75,480.00 for the period of January 14,
2020 to January 13, 2021.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for EMS Medical Director services, 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 13th day of January, A.D., 2020.
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TOM REID
MAYOR
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AL ROAN, RMC, CMC
CITY SECRETARY
APPROVED AS TO FORM: '� 4 SI
DARRIN M. C a
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CITY ATTORNEY
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City of Pearland
I 3519 Liberty Drive
i 8q' Pearland, TX 77581
General Services Contract
This Contract (Contract) is made between the City of Pearland, Texas (City), and Contractor.
The City and Contractor agree to the terms and conditions of this Contract, which consists of the
following parts:
I. Summary of Contract Terms
II. Signatures
III. Standard Contractual Provisions
IV. Special Terms and Conditions
V. Additional Contract Attachments
I. Summary of Contract Terms.
Contractor: Katarzyna (Kasia) Kimmel, MD, MPH
1801 W 24th St, Unit A
Houston, TX 77008
Description of Services: Contractor will provide Medical Director Services to the City of
Pearland Fire Department EMS, based on an estimate of 15 hours
per week, 48 weeks annually, and per the specifications of RFQ
#0518-42.
Contract Amount Annual amount of$75,480.
Effective Date: 1/14/2020
Termination Date: 1/13/2021
Renewal: One, one-year renewal option available, upon the mutual agreement
of both parties.
II. Signatures. By signing below, the parties agree to the terms of this Contract:
CITY OF EARLAND: CON R:
1/16///
istant nc Director Date Title I - ' (7
/1 Date: b tlio-A")
*Si d by: Date: _ Z o — vt.
City Manager
Assistant City Manager
Director
Program Manager
*Contract Signature Authority: Program Manager-$5,999 or less
Director- $6,000 to $30,000
City Manager/Assistant City Managers - $30,001 to $50,000
City Council Resolution - $50,000+
Ill. Standard Contractual Provisions.
A. Definitions.
Contract means this Standard Services Contract.
Services means the services for which the City solicited bids or received proposals as
described in Exhibit A and B, attached hereto.
B. Services and Payment. Contractor will furnish Services to the City in accordance with the
terms and conditions specified in this Contract. Contractor will bill the City for the Services
provided at intervals of at least 30 days, except for the final billing.The City shall pay Contractor
for the Services in accordance with the terms of this Contract, but all payments to be made by
the City to Contractor, including the time of payment and the payment of interest on overdue
amounts, are subject to the applicable provisions of Chapter 2251 of the Government Code.
C. Termination Provisions.
(1) City Termination for Convenience. The City may terminate this Contract during its
term, at any time,for the City's own convenience where the Contractor is not in default
by giving 90 days written notice to Contractor. If the City terminates this Contract under
this paragraph, the City will pay the Contractor for all services rendered in accordance
with this Contract to the date of termination.
(2) Termination for Default. Either party to this Contract may terminate this Contract as
provided in this paragraph if the other party fails to comply with its terms. The party
alleging the default will give the other party notice of the default in writing citing the
terms of the Contract that have been breached and what action the defaulting party
must take to cure the default. If the party in default fails to cure the default as specified
in the notice, the party giving the notice of default may terminate this Contract by
providing 990 days written notice to the other party. Termination of this Contract under
this paragraph does not affect the right of either party to seek remedies for breach of
the Contract as allowed by law, including any damages or costs suffered by either party.
(3) Multi-Year Contracts and Funding. If this Contract extends beyond the City's fiscal
year in which it becomes effective or provides for the City to make any payment during
any of the City's fiscal years following the City's fiscal year in which this Contract
becomes effective and the City fails to appropriate funds to make any required Contract
payment for that successive fiscal year and there are no funds from the City's sale of
debt instruments to make the required payment, then this Contract automatically
terminates at the beginning of the first day of the City's successive fiscal year of the
Contract for which the City has not appropriated funds or otherwise provided for funds
to make a required payment under the Contract.
D. Liability and Indemnity. Any provision of any attached contract document that limits the
Contractor's liability to the City or releases the Contractor from liability to the City for actual or
compensatory damages, loss, or costs arising from the performance of this Contract or that
provides for contractual indemnity by one party to the other party to this Contract is not
applicable or effective under this Contract. Except where an Additional Contract Document
provided by the City provides otherwise, each party to this Contract is responsible for defending
against and liable for paying any claim, suit, or judgment for damages, loss, or costs arising
from that party's negligent acts or omissions in the performance of this Contract in accordance
with applicable law.This provision does not affect the right of either party to this Contract who is
sued by a third party for acts or omissions arising from this Contract to bring in the other party to
this Contract as a third-party defendant as allowed by law.
E. Assignment. The Contractor shall not assign this Contract without the prior written consent
of the City.
F. Law Governing and Venue. This Contract is governed by the law of the State of Texas and
a lawsuit may only be prosecuted on this Contract in a court of competent jurisdiction located in
or having jurisdiction in Brazoria County, Texas.
G. Entire Contract. This Contract represents the entire Contract between the City and the
Contractor and supersedes all prior negotiations, representations,or contracts,either written or
oral. This Contract may be amended only by written instrument signed by both parties.
H. Independent Contractor. Contractor shall perform the work under this Contract as an
independent contractor and not as an employee of the City. The City has no right to supervise,
direct, or control the Contractor or Contractor's officers or employees in the means, methods,or
details of the work to be performed by Contractor under this Contract. The City and Contractor
agree that the work performed under this Contract is not inherently dangerous,that Contractor
will perform the work in a professional manner.
I. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to
resolve any disputes that may arise between them regarding this Contract. If either party
disputes any matter relating to this Contract, the parties agree to try in good faith, before
bringing any legal action,to settle the dispute by submitting the matter to nonbinding mediation
before a third party who will be selected by agreement of the parties. The parties will each pay
one-half of the mediator's fees.
J. Attorney's Fees. Should either party to this Contract bring suit against the other party for
breach of contract or for any other cause relating to this Contract, neither party will seek or be
entitled to an award of attorney's fees or other costs relating to the suit.
K. Severability. If a court finds or rules that any part of this Contract is invalid or unlawful, the
remainder of the Contract continues to be binding on the parties.
IV. Special Terms or Conditions.See Exhibit B—Amended Supplement to Request for Qualifications.
V. Additional Contract Documents. The following specified documents attached to this Contract are
part of this Contract, except as follows: any provision contained in any of the Contractor's Additional
Contract Documents specified below that conflicts with a Contract provision not included in the
Contractor's Additional Contract Documents, does not apply to this Contract.
A. Contractor's Additional Contract Documents:
1. The contractor's response to bid 0518-42 shall be construed as additional contract
documents.
2. Executed Contractor Insurance Requirements for Malpractice (required insurance
certificate[s] shall be in possession of City at least 7 days prior at actual
commencement of work).
B. City's Additional Contract Documents:
1. Exhibit B — Supplement to Request for Qualifications
EXHIBIT A
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City of Pearland, Texas
Fire Department EMS Medical Director
Request for Qualifications (RFQ #0518-42)
The City of Pearland is requesting Statements of Qualifications (SOQ) from interested parties who can
adequately demonstrate they have the resources, experience, qualifications and capabilities to provide
Medical Director Services to the City of Pearland Fire Department EMS.
Statements of Qualifications shall be received no later than 10:00 a.m., CST, Thursday, June 14, 2018.
SOQs received after the deadline stated herein will not be considered for the award of the contract, and
shall be considered void and unacceptable. At the time stated above,SOQs will be publicly unsealed and
read in City Hall Annex, 3523 Liberty Drive, Pearland, TX. Offerors are welcome to attend, but not
required.
Registered suppliers may obtain RFQ forms, specifications and all necessary information from the
following website: https://pearland.ionwave.net. It is the City of Pearland's preference that all response
documents be submitted electronically via the website above. Electronic submittals must be received on
or before the date and time above for submittal to be valid. Submittals received after the date and time
indicated will not be considered. Respondent should upload required, completed documents as
attachments under the "Response Attachments" tab on website referenced above. Any inquires to the
RFQ should be emailed to ebids@pearlandtx.gov no later than Friday,June 8, 2018.
The City of Pearland is aware and appreciative of the time and effort you expend in preparing and
submitting SOQs to the City. Please notify the Purchasing Office in writing of any requirements that are
causing you difficulty in responding by sending an email notification to ebids@pearlandtx.gov.We want
to make the process as convenient as possible so that all responsible offerors may compete for the
City's business.
NOTE: Facsimile and/or email transmittals shall not be accepted as valid bids.
1. Pearland Fire Department Background
The Pearland Fire Department is an all-hazards emergency response agency that
provides Basic Life Support and Advanced Life Support services to include treatment
and transport of patients to area hospitals. The Department utilizes five (5) M.I.C.U.
ambulances for patient transport. In fiscal year 2017, the Department was called to
render aid to 7,604 patients and transported 4,499 patients to local hospital emergency
facilities.
2. General Description of Contract
The Medical Director will provide sufficient medical expertise and supervision to meet
the state law requirements of an "off-line Medical Director". The Medical Director will be
responsible for providing City of Pearland's Fire Department personnel with the medical
supervision and licensed physician control statutorily required for their performance of
intravenous administration of emergency resuscitative drugs, the performance of
sophisticated technical emergency and basic life support procedures as well as
intravenous catheterizations, electrical defibrillations and other invasive procedures. In
addition, the Medical Director will establish standing orders and protocols for the
issuance of medical service by PFD personnel, and shall prescribe medication and
supplies necessary for the ongoing provision of medical services by the Pearland Fire
Department.
a. The Medical Director must provide sufficient office hours at Pearland Fire
Department facilities to perform the duties outlined in 22 TAC §197.3. "Off-line
Medical Director." History has shown approximately eight (8) hours per week to be
sufficient.
b. Approve the level of prehospital care which may be rendered locally by each of the
PFD personnel employed by and/or volunteering with PFD under the medical
director's supervision, regardless of the level of state certification or licensure,
before the certificant or licensee is permitted to provide such care to the public;
c. Establish and monitor compliance with field performance guidelines for PFD
personnel. Note: The Medical Director will have the ability to respond to incidents
riding with an on duty supervisor or ambulance. There is no expectation that the
Medical Director independently respond to emergency incidents.
d. Establish and monitor compliance with training guidelines which meet or exceed
the minimum standards set forth in the Texas Department of State Health Services
EMS certification regulations;
e. Develop, implement, and revise protocols and/or standing delegation orders, if
appropriate, governing prehospital care and medical aspects of patient triage,
RFQ#0518-42 Page 2 of 6
transport, transfer, dispatch, extrication, rescue, and radio-telephone-telemetry
communication by PFD;
f. Direct an effective system audit and quality assurance program;
g. Determine standards and objectives for all medically related aspects of operation
of PFD including the inspection, evaluation, and approval of the system's
performance specifications;
h. Function as the primary liaison between the PFD administration and the local
medical community, ascertaining and being responsive to the needs of each;
i. Develop a letter or agreement or contract between the medical director(s) and the
PFD administration outlining the specific responsibilities and authority of each. The
agreement should describe the process or procedure by which a medical director
may withdraw responsibility for PFD personnel for noncompliance with the
Emergency Medical Services Act, the Health and Safety Code, Chapter 773, the
rules adopted in this chapter, and/or accepted medical standards;
j. Take or recommend appropriate remedial or corrective measures for PFD
personnel, in conjunction with local administration, which may include, but are not
limited to, counseling, retraining, testing, probation, and/or field preceptorship;
k. Suspend a certified PFD individual from medical care duties for due cause pending
review and evaluation;
I. Establish the circumstances under which a patient might not be transported;
m. 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;
n. Establish criteria for selection of a patient's destination;
o. Develop and implement 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;
p. Shall submit a detailed report to PFD Administration quarterly. This report will
include a listing of his/her activities relative to their compliance to responsibilities of
this position;
q. Shall promote EMS research and evidenced based quality improvement;
r. Shall be familiar with the concepts of a mobile community healthcare program.
RFQ#0518-42 Page 3 of 6
The Medical Director must meet the following qualifications:
a. Current license to practice medicine in the State of Texas (MD or DO);
b. Licensed by DEA and Texas DPS to prescribe and administer Schedule II-V
controlled substances;
c. Must have primary specialty in Emergency Medicine;
d. Must have or be eligible for board certification in Emergency Medicine by the
American Board of Emergency Medicine;
e. American Board of Emergency Medicine Board certification in EMS subspecialty
preferred;
f. Minimum 1 year experience as an EMS Medical Director, Assistant Medical
Director, or EMS Fellow;
g. Must be able to provide a schedule of office hours held at Pearland Fire
Department facilities;
h. Hold Texas Medical Malpractice Insurance;
i. Residence or office in Pearland preferred.
3. RFQ Content Requirements
The following components will be required of all responses to this RFQ. Respondents
may include additional information as they deem appropriate. Upload documents to the
"Response Attachments" tab in e-bid:
a. Cover page, including:
RFQ title and number: 0518-42 RFQ for Fire Department Medical Director
Name and point-of-contact information for the primary contact
b. Table of contents:
All materials should be clearly identified by referencing the Table of
Contents, and easily located using page numbers and/or tables.
c. Letter of Interest
d. Experience and Qualifications:
Biographies, resumes, or CVs for key firm principal(s) and staff members
proposed for this specific project, with specific details that address the
description of the project and required elements as detailed above in section
3, including a statement of availability of all key staff.
e. Relevant Experience:
Three to five relevant case studies/work samples of similar type,
References (minimally name, position, phone and email contact information)
for each of the above
Status of the case studies, implementation experience.
f. Statement:
Brief narrative statement of the understanding and general approach and
methodology, including a list of specific tasks and any specific
considerations, options or alternatives. Should be limited to two pages in
length.
RFQ#0518-42 Page 4 of 6
g. Statement of Legal Standing:
A statement of professional standing, including any pending controversies
and legal disputes. If none exist, a statement to that effect should be
included.
h. References:
A list of three to five references of clients for which previous work was
performed that is similar in scope and complexity to this contract that the
City of Pearland can contact to verify the offeror's past performance. The
information should include a brief description of the contract; a contact
name, address, and current telephone number, e-mail address; and a
description of firm's or individual's contributions to the contract.
i. Other Items:
The submission of other items, as determined by the offeror, that are
relevant to this project scope and demonstrate skills or experience that
distinguish the offeror or document their abilities to fulfill the scope of work
for this contract is encouraged. Please include a cost proposal or hourly
rate and proposed hours. Also include completed forms from the
Attachments tab in the e-bid system (local bidder preference, non-collusion
statement, etc.).
4. RFQ Format Requirements and Deadline
Responses must be submitted by 10:00 a.m. on June 14, 2018 (CST). Submittals
attempted later than the above referenced deadline will not be processed.
It is critical that responses be clear and complete so that the City can adequately
understand all aspects of the submittal.
5. Contact Person
Questions regarding this RFQ should be sent via email to ebids(a�pearlandtx.gov by
12:00 Noon June 8, 2018.
6. Interview
Offerors may be requested to be available for an interview with city staff in City of
Pearland as part of the final selection process.
7. Review Process and Evaluation Factors
The City will review all submittals that meet the minimum requirements and will select
what it deems to be the top two to four submittals for further review. Offerors submitting
responses to this RFQ will be evaluated on factors including, but not limited to, the
following:
• Articulated interest in the position —20%
o Demonstrated continued participation with the EMS community
• Past relevant experience— 30%
o Description of previous work similar to the request within last 3-5 years
RFQ#0518-42 Page 5 of 6
• Professional qualifications — 30%
o Certifications and specialties (related to EMS)
• Professional references—20%
o Relevant and recent, minimum of three (3)
City staff may request additional clarifying information from any or all consultants during
the review process. City staff will evaluate the submittals, interview the top rated
consultants at its discretion, may enter into direct negotiation with any respondent, and
subsequently will make a recommendation to the City Council for award to the
consultant determined to be the most qualified, with a cost deemed reasonable for the
services provided. The City reserves the right to make no award from this solicitation if
deemed in its best interest to do so, and may, at its election, re-advertise and reissue the
original, or an amended, RFQ.
8. Award of the Contract
It is anticipated that as a result of this RFQ and subsequent evaluation and negotiation,
the City of Pearland and the selected firm will enter into a professional services contract
for the provision of services and deliverables described herein by the end of July, 2018.
9. Special Instructions
Respondents shall restrict all contact and questions regarding this RFQ and selection
process to the individuals named herein.
Expenses incurred by the respondents in replying to this RFQ or in making any
appearance before the selection committee are at the respondent's' own expense and
risk.
All dates in this RFQ are subject to change, and notice of any changes will be provided
in the form of an addendum to all respondents.
RFQ#0518-42 Page 6 of 6
EXHIBIT B
Medical Director— City of Pearland Supplement to
Request for Qualifications #0518-42 — 2020 Amendment
1. Medical malpractice insurance must be active at least 7 days prior to the actual
commencement of work.
2. Copies of license/certifications must be provided to City with signed contract.
a. License to practice medicine in the state of Texas (MD or DO)
b. License to prescribe and administer Schedule II-V controlled substances
c. Board certification in Emergency Medicine
d. Confirmation of Texas Medical Director Course
3. Office space may be shared/swing space; access to a computer and desk phone
to be provided along with central secured filing space.
4. Establish on-call/backup for when out of the country/vacation.
5. Hours per Month 48 60, Goal of 15 hours per Week (based 2020 amendment)
a. Minimum Hours Required Per Week 6, with balance to be made up other
weeks of the month if needed
b. Four weeks of time off per year
6. Tracking/log of time, in a mutually agreeable format, to be provided to City at the
end of each month.
7. The Medical Director will have the ability to respond to incidents as needed.
Transportation will be provided via City of Pearland Fire Department personnel,
such with a supervisor, ambulance, and/or fire apparatus.
a. When on scene, Medical Director must adhere to Fire Department Policies
for protective equipment/hygiene.
b. The Medical Director will not independently respond to emergency
incidents.
8. Input/attendance is required at Protocol Meetings.
9. Responses/acknowledgement to internal inquires must be received within 72
hours.
10.Employment status for Fire Department employees will be the responsibility of
City of Pearland Fire Department Administration.
11.Invoices will be submitted monthly, in arrears.
O4 s \e pf A�(90 Purchasing Department
City of 281.652.1790
laWasali Pearland Fax 281.652.1738
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3519 Liberty Drive
Pearland,TX 77581
Contractor Insurance Requirements & Agreement
Requirements
Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a
certificate of insurance or a copy of their insurance policy(s) evidencing the coverages and coverage provisions
identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project
have the same types and amounts of coverages as required herein or that the subcontractors are included under
the contractor's policy.
All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact
business in the State of Texas and must be acceptable to the City of Pearland.
Listed below are the types and amounts of insurances required. The City reserves the right to amend or require
additional types and amounts of coverages or provisions depending on the nature of the work.
TYPE OF INSURANCE AMOUNT OF INSURANCE PROVISIONS
1. Workers' Compensation Statutory Limits City to be provided a waiver of
Employers' Liability $100,000 per occurrence subrogation and 30 day notice of
cancellation or material change in
coverage.
2. Commercial General (Public) Personal Injury-$1,000,000 per City to be listed as Additional
Liability to include coverage for: person; Property Damage- Insured on Contractor's policy
a) Premises/Operations $1,000,000 per occurrence; and provided 30 day notice of
b) Products/Completed General Aggregate-$1,000,000 cancellation or material change in
Operations coverage.
c) Independent Contractors
d) Personal Injury
e) Contractual Liability
3. Business Auto Liability to include Combined Single Limit- City shall be provided 30 day
coverage for: $1,000,000 notice of cancellation or material
a) Owned/Leased vehicles change in coverage.
b) Non-owned vehicles
c) Hired vehicles
4. Professional Liability/Malpractice $1,000,000 City shall be provided 30 day
notice of cancellation or material
change in coverage.
Certificate of Insurance forms may be emailed to: Purchasing Department at ebids(c�pearlandtx.gov. Questions
regarding required insurance should be directed to City of Pearland Purchasing Department, at
ebids@pearlandtx.gov.
This form must be signed and returned with your contract. You are stating that you do have the required
insurance and if selected to perform work for the City, will provide a certificate of insurance, and a copy of
insurance policy with the above requirements to the City. A purchase order will not be issued without
evidence of required insurance.
Agreement
I agree to provide the above described insurance coverages within 7 working days if selected to perform work for
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