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R2020-236 2020-11-09 RESOLUTION NO. R2020-236 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, 2021 to January 13, 2022. 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. 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 9th day of November, A.D., 2020. c_0�2 TOM REID MAYOR ATT T: C TAL AN, TRMC, CMC A,, CITY SECRETARY /4 APPROVED AS TO FORM: ,,,,,,, ,,,,,,, „„, ,,,,,,,,, ,,,,, DARRIN M. COKER CITY ATTORNEY yo‘ 1, Pt. . e 11 City of Pearland iiiitakill T F % A S 3519 Liberty Drive fsr, ,o% 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. R2020-236. Contract Amount Annual amount of$75,480. Effective Date: 1/14/2021 Termination Date: 1/13/2022 Renewal: No renewal options remaining. II. Signatures. By signing below, the parties agree t. -- terms of this Contr. : CITY OF PEARLAND: CO 1IdAJ TOR: / 1-6-2020ie As Finance Director Date tle: l Date: i[a 0 *Signed by: D e: / G - 24,2.0 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 -19 DOE 1 E9� ci 94 TEXAS est. ia9a 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 ebidsna 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 42 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.