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R-2015-125 2015-07-27 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. c:=11/12, 244 TOM REID MAYOR ATTEST: N``Qk .... 1% Y• NG LO-jN �TRMC ' l SEC's ARY = •, APPROVED AS TO FORM: 6 DARRIN M. COKER CITY ATTORNEY Resolution No. R2015-125 Exhibit "A" CONTRACT BETWEEN THE CITY OF PEARLAND AND THE UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT HOUSTON I. 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. II. 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 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] 2 VI. ACCEPTANCE AND APPROVAL SIGNATURES\ This Contract is hereby acknowledged by the following authorized representative of UTHealth and CoP: THE CITY OF ' ARLAN I THE UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT HOUSTON By: By: 11P' rri T. Kevin Dillon Printed Name: - .rson Senior Executive Vice President. Title: Chief Operating and Financial Officer City Manager Date Signed: Jn l 2 7 2 01 5 Date Signed: 7P1//s, y 3 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: 4 4 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.