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Home My WebLink AboutC2006-192 - 5/30/2006 - Approved CORPUS CHRISTI EMERGENCY MEDICAL SERVICES MEDICAL DIRECTOR CONTRACT THIS CORPUS CHRISTI EMERGENCY MEDICAL SERVICES MEDICAL DIRECTOR CONTR,\CT ("Agreement") IS effective this 1st day of June 2006, ("Etfectlve Date") by dnd between the City of Corpus Christi, a municipal corporation situated III Nueces County, Texas, ("City") duly organized under the laws of the State of Texas, and CHRISTUS Spohn Health System Corporation, a Texas nonprofit corporation ("Contractor" or "Medical Director"), each acting herein by an through its duly authonzed official. WHEREAS. <ity operates the Emergency Medical Services of the City of Corpus Christi ("EMS") and desires the Contractor to provide Medical Director Services to EMS WHEREAS Contractor is wIlling to provide the Medical Director Services required hereunder: WHEREAS. Contractor and the City seek to improve emergency care education for their respective organizations by collaborating with the Texas A&M University Health SCience Center in the development of an emergency medicine program at Contractor's facIlities. NOW THEREFORE, the partIes agree as follows: ARTICLE I - APPOINTMENT AND ACCEPTANCE rhe City hereby appomts Contractor as the Medical Director of EMS and Contractor agrees to provide the Medical Director Services set forth in Article II below. L\RTlCLE II - SERVICES The ContractOl shall serve as Medical Director of the Emergency Medical Serv Ices of the City of Corpus Christl and will provide medical supervision of EMS by and through the Designated Physlclan(s) listed on Exhibit "A", using the standard of ordinary care in all services provided (the "Services"), including, but not limited to, the follOWing: (a) servmg as liaison to the medical community; (b) deveiopl11g protocols and standing orders for EMS personnel; (e) consulting on all EMS equipment to be purchased; 2006-192 05/30/06 M2006-158 CHRISTUS Spohn Health System (d) sigmng and applying for all regIstrations and permits required by the Food and Drug Administration or any other regulatory agency who may require registratlOn associated with pharmaceuticals that may be used with the FM5 (e) ISSUll1g requIred prescnptions for pharmaceuticals that may be used with the EMS: d) approving all personnel permitted to function as a medical care provider wlthm the Corpus Chnsti Fire Department: (g) g:JVe guidance and directions to the Director of EMS and his/her staff; (h) approve EMS traimng programs and training personnel; (l) conductmg periodic equipment inspections; IJ) conductmg and overseeing quality assurance activities to insure that field personnel and the EMS are performing in accordance with approved protocol and accepted standards; (k) receiving input from emergency department and community physicians; (I) advising the City regarding creation and enforcement of ordinances pertaining to emergency medical services, disaster preparedness, and commumcations and dispatching procedures related to EMS t m) receIving and investigating complaints; (n) proVIding consultatlOn and medical direction for new programs that may from time to time be approved and implemented within the City including but not limited to programs of Public Access to Defibrillators and provJding periodic reports to the City Manager regarding the goals, progress. and needs of the Corpus Christi Emergency Services. (0) Collaborating With City and The Texas A&M University System Health SCIence Center to develop an emergency medicine residency program to improve emergency care educatlOn. ARTICLE 1Il OPERATIONAL REQUIREMENTS AND SUPPORT The City shall supply reasonable office space, furnishings, supplies, clerical and support personnel, copIers, landline telephone, cell phone, internet access, pager, radio, computer, and equipment for creation of audio and visual aids for EMS related presentations and an; other technical, administrative, clerical, and other support personnel that are re:lsonabl) necessary for the proper operation of the Services contemplated herem. The City further agrees to partIcIpate in efforts to improve emergency care educatIon for EMS by collaborating with Contractor and the Texas A&M Umverslty Health Science Center 111 the development of an emergency medicine program at Cuntractor's facilities, ARTIC LE IV - INDEMNIFICATION AND LIABILITY To the extent allowed by Texas law and so long as training services, and treatment provided hereunder IS performed in accordance with the standard of ordinary care. it is intended that Contractor, Its Members, Directors, Officers or agents, shall not be lIable for any civil damages III connection with the performance of any service under this Agreement. fa the extent allowed by Texas law, City shall hold Contractor hamlless, defend, and it1demnify Contractor against any and all liability for damages and claims for damages fOI bodily injury, death or property damage resulting from any act, work, or omission of Contractor. City or its employees, agents, or representatives, subject to Contractor's perfomlance in accordance with the standard of ordinary care, but not in event of Contactor' s negligence. ARTICLE V Fl'\JANCIAL ARRANGEMENT City agrees to pay Contractor Thirty Thousand Dollars ($30,000.00) per year, payable m twelve equal monthly installments of Two Thousand Five Hundred Dollars ($2,500,00). Contractor shall act as an independent contractor and not as joint venturer, partneL employee of Clty by virtues of this Agreement. ARTICLE VI ~ ASSIGNMENT This Agreement may not be sold, transferred or assigned in whole or in part by either party without the prior written consent of the other party. The city acknowledges that Contractor may provide Servlces through Physicians listed on Exhibit "A", as amended from tl111e-totime and that the provision of Services through such Physicians shaI I not constitute an assignment of this Agreement. ARTICLE VII TERM AND TERMINATION Subject to City Council approval and appropriation of monies, this Agreement shall remain in force and effect for a term of two years from the Effective date and shall be automatically renewed under identical terms for two year terms thereafter. Either party shall have the right to terminate this agreement at any time upon 90-day written notice to the other part) ARTIe LE VIII - APPLICABLE LAWS This Agreement is made subject to the Constitution and laws of the State of Texas and ordinances of the City of Corpus Christi, and compliance therewith. \RT[CLE IIX NOTICES Any notIces contemplated under this agreement shall be effective when personally delivered or delivered by registered or certified mail, postage prepaid, or when delivered by a natIonally recogniled overntght courier services to the addresses below. 11to CIty EMS DIrector 2406 Leopard, Suite 201 Corpus Christi, TX 78408 I f to Contractor: C/o Peter Banko, VP CHRISTUS Spohn Health System Corporation 2620 Hospital Blvd, Corpus Christi, TX 78405 ARTICLE IX -- CAPTIONS The captIOns at the beginning of the articles of this agreement are guides and labels to assist in locatIng and reading such articles, and therefore shall be given no effect in construing this Agreement and shall not be restrictive of the subject matter of any article, section or part of this Agreement. \RTICLE X -- AMENDMENT AND MODIFICA nON Except as otherwise provided herein, this Agreement shall be subject to change, amendment, or modification only by the mutual written consent of the parties hereto. By ~-~--- CHRISTUS SPOHN HEALTH SYSTEM CORPORATION /~ ( \ :~\~ .... J '( ''-,-,jtu, J Peter Banko, VP S~22~O' CITY OF CORPUS CHRISTI -, By 1c..t:c'l 4 ,- r N{t-<e L i~ f\~", _r-+<'l-ft(- -~ ! f.il ";;. ~l~... j'Y :..EOiF'~:4i ~~~t.",; '. .~-.~,~ ~~;;'" ~"'.' ....J...........- 1~/l"2atf -I) {.. AU1"Ut(&LL. if ~1;4l.___...?i~lc ~ -----.-............k ~r.mu" ( VL- 1. 'X EXHIBIT "A" PHYSICIAN LIST John B Addison. D.C'