Loading...
HomeMy WebLinkAboutMEDICAL COLLEGE OF GEORGIA EMS SERVICES FIRE DEPARTMENT . ,,,""'. " ~ .' r. I This PROFESSIONAL SERVICES AGREEMENT (this "Agreement") is entered into by and between the Medical College of Georgia, On behalf of the Board of Regents of the University System of Georgia ("MCG"), and the City of Augusta Fire Department ("AFD"). WHEREAS, the Augusta Fire Department is currently operating as an EMS service in Augusta, Georgia and is in need of medical direction services, WHEREAS, the State of Georgia requires the AFD to obtain the services of a qualified licensed Georgia physician to serve as Medical Director to the AFD for matters related to providing EMS and procurement of the Services was made in accordance with professional service procurement procedures established by the City and; WHEREAS, the Medical Director agrees to serve as Medical Director for AFD and to provide medical direction in accordance with the Official Code of Georgia Annotated Title 31. Chapter 11, the Georgia Department of Human Resources Rules and Regulations Chapter 290-5-30, and Georgia Health Code 88-31, to AFD staff members who deliver emergency medical services (referred to in this Agreement as "individual providers"); NOW, THEREFORE, for and in consideration of the premises and the covenants contained herein, AFD and MCG agree as follows: SECTION A. SERVICES: 1. MCG Services. MCG agrees that s/he shall provide and has the authority to carry out the following Services: . Appoint a Georgia licensed physician ("Medical Director") that is board certified by the American Board of Emergency Medicine, and knowledgeable in EMS medical direction to serve as the medical director. . Provide all aspects of medical direction as defined and described in the applicable law and regulations. . Develop, review, or revise written operational and medical protocol procedures for EMS pursuant to State of Georgia regulations to assure the medical service delivery of the EMS program at AFD. . Participate with AFD in the development and implementation of appropriate quality assurance activities related to EMS. . Conduct at least one training activity each quarter. 2. AFD Responsibilities: . Ensure that MCG has appropriate access to City officials as reasonably needed. , ~" I J 'I · Ensure that MCG has access to run reports (PCR's), medical records, dispatch logs, personnel files, and other documents as needed to fulfill the obligations of this Agreement. . Assist MCG in preparation of EMS documents and reports. . Enforce employee remedial training as required in writing by medical director. . Permit individual providers to function only at a level of practice authorized by MCG. . Assure that individual providers practice only under the medical direction or protocol of MCG, and no other physician, other than on-line medical control provided during patient encounters while on duty with AFD. . Agree to contact the MCG Medical Center Emergency Department to obtain on- line medical direction services. . Provide a letter on city letterhead and signed by an appropriate City official stating that MCG provides contract services to City and serves as the Medical Director fo{ Augusta Fire Department, and specifically stating that the Medical Director is authorized to correspond with the medical community regarding matters within the Medical Director's purview and to write letters of recommendation for individual providers for paramedic class. . Assure that job descriptions and other documents relating to the employment of individual providers contain appropriate provisions necessary to allow MCG to fully exercise MCG's authorities under the Act and under this Agreement without giving rise to an employment dispute or action. 3. Deliverables. MCG shall: · Conduct, at a minimum, one training activity each quarter. . Quarterly reports outlining the Services provided in the preceding quarter. · Provide approximately 30 hrs of medical direction services per month . Serve as a liaison for the AFD to others in the medical community. 4. Qualifications: Medical Director shall meet the following qualification criteria prior to and throughout the term of this Agreement: . Licensed by the Georgia Board of Medical Examiners to practice medicine in the State of Georgia; . Active medical staff privileges at a hospital in the State of Georgia; . Current Board Certification by the American Board of Emergency Medicine . A graduate of the National Association of EMS Physicians EMS Medical Directors Course and Practicum; . Carry out the Services in a professional and competent manner; and . Have a special interest in EMS and the willingness and time to devote to EMS. 5. Investigations and Employment Matters. a. Medical Director is responsible for investigation or resolution of medically- related complaints. 2 b. Medical Director is not responsible for claims made by individual providers relating to City employment. c. The Medical Director is not an employer, and has no authority to hire or fire employees of the Augusta Fire Department on behalf of the City. 7. Medical Director Authority. As an integral aspect of Medical Director's authority to act as Medical Director for Augusta Fire Department, Medical Director shall have the authority to limit, suspend, or withdraw medical direction to any individual provider. MCG shall give prior notice of any such action to the AFD EMS Coordinator, or the earliest possible notice if prior notice cannot reasonably be given. MCG will discuss the limitation, suspension or withdrawal of medical direction to an individual provider with the AFD EMS Coordinator and, at the request of the AFD EMS Coordinator, promptly provide the basis for any such action in writing. SECTION B. TERM: The term of this Agreement shall commence 1 August 2006 and shall continue through 30 June 2009 unless sooner terminated as provided herein. SECTION C. COMPENSATION: 1. Amount of Compensation. County shall pay compensation for the performance of the Services in the amount of $30,000 per year. Compensation shall be paid quarterly. 2. Quarterly Invoices. MCG shall submit Quarterly invoices to City's EMS Coordinator identifying this Agreement and the amount payable. Payment of undisputed amounts shall be due and payable thirty (30) days after City's receipt of the invoice. SECTION E. STATUS OF MCG, STAFF, AND PERSONNEL: This Agreement calls for the performance of services by MCG as an independent contractor. MCG is not an agent or employee of City and will not be considered an employee of City for any purpose. MCG, its agents or employees shall make no representation that they are City employees, nor shall they create the appearance of being employees by using a job or position title on a name plate, business cards, or in any other manner, bearing the City's name or logo. Neither MCG nor any employee of MCG shall be entitled to any benefits or compensation other than the compensation specified herein. MCG shall have no authority to bind City to any agreement, contract, duty or obligation. MCG shall ma.ke no representations that are intended to, or create the appearance of, binding City to any agreement, contract, duty, or obligation. MCG shall have full power to continue any outside employment or business, to employ and discharge its employees or associates as it deems appropriate without interference from City; provided, however, that MCG shall at all times during the term of this Agreement maintain the ability to perform the obligations in a professional, timely and reliable manner. 3 , I ., The City may, at it's discretion, permit MCG to use the Augusta Fire Department logo on business cards for the purposes of liaison activities with the local medical community, provided that MCG is identified on the business card as being under contract to City and the form of the business card is approved by City prior to its use. SECTION F. STANDARD OF PERFORMANCE: MCG agrees and represents that it has the experience and knowledge necessary to qualify it for the particular duties to be performed under this Agreement. SECTION G. EMPLOYEES AND SUB-CONTRACTORS: MCG shall be solely responsible for payment of wages, salary or benefits to any and all employees or contractors retained by MCG in the performance of the Services. SECTION H. INSURANCE: MCG shall obtain and maintain insurance of the types and in the amounts set out below throughout the term of this Agreement with an insurer acceptable to City. MCG shall assure that all subcontractors maintain like insurance. Compliance with the terms and conditions of this Section are a condition precedent to City's obligation to pay compensation for the Services and MCG shall not provide any Services under this Agreement unless and until MCG has met the requirements of this Section. City requires Certificates of Insurance or other evidence acceptable to City that MCG has met its obligation to obtain and maintain insurance and to assure that subcontractors maintain like insurance. 1. General Liability Insurance. $1,000,000. 2. Workers' Compensation. In an amount as may be required by law. City may immediately terminate this Agreement if MCG fails to comply with the Worker's Compensation Act and applicable rules when required to do so. 3. Professional Liability Insurance. The Contractor shall maintain professional liability insurance to cover physician malpractice in the amount set forth in the Georgia Torts Claim Act, as amended. Prior to the effective date of this Agreement, the Contractor shall provide proof of professional liability insurance to the City. The Contractor shall notify the City of any changes to the Contractor's professional liability insurance. SECTION I. RECORDS: MCG shall maintain throughout the term of this Agreement and for a period of six (6) years thereafter records that indicate the date, time, and nature of the services rendered. MCG shall make available for inspection by City all records, books of account, memoranda, and other documents pertaining to City at any reasonable time upon request. SECTION J. APPLICABLE LAW: MCG shall abide by all applicable federal, state and local laws and regulations and shall perform the Services in accordance with all applicable laws during the term of the Agreement. In any lawsuit or legal dispute arising from the operation of this Agreement, MCG agrees that the laws of the State of Georgia shall govern. 4 ~ , ,. SECTION K. NON-DISCRIMINATION: During the term of this Agreement, MCG shall not discriminate against any employee or applicant for an employment position to be used in the MCG's performance of the obligations of MCG under this Agreement, because of race, color, religion, sexual orientation, ancestry, national origin, age, sex, marital status, or physical or mental handicap. Section L INDEMNIFICATION DELETED SECTION M. FORCE MAJEURE: Neither City nor MCG shall be liable for any delay in the performance of this Agreement, nor for any other breach, nor for any loss or damage arising from uncontrollable forces such as fire, theft, storm, war, or any other force majeure that could not have been reasonably avoided by exercise of due diligence. SECTION N. NON-ASSIGNMENT: MCG may not assign this Agreement or any privileges or obligations herein without the prior written consent of City. SECTION O. LICENSES: MCG shall maintain all required licenses, including without limitation all necessary professional and business licenses, throughout the term of this Agreement. MCG shall require and shall assure that all of MCG's employees and subcontractors maintain all required licenses, including without limitation all necessary professional and business licenses. SECTION P. r'ROHIDITED INTeRESTS: MCC agrees tAat it I3m~ontly has ng interest- ..and shall ngt acqblim any intilrest, direct Qr irll:lifcct, whioA 'NO' Jlrl confli('t in any manner or degr.:>.:> '^'itl:l t1ge pelfOfffiElASg of its !lei vices Asreunder. MCG further a!i;lroo5 tl9at it 'Nill not oml3ley 81'y peF36f1 haviASj sue!. al. ifltsrest to perfgrm services binder this- Agre8AlQFM. 13't1 SECTION Q. TERMINATION: 1. Generally. City or MCG may terminate this Agreement without cause by giving the other party ninety (90) days' prior written notice. MCG shall be paid for Services at the rate set out in Section C through the date of termination. MCG shall render a final report of the Services performed to the date of termination and shall turn over to City originals of all materials prepared pursuant to this Agreement. Either party may terminate this Agreement for cause if the other party has materially breached this Agreement, provided that the party wishing to terminate this Agreement provides written notice of the breach and a reasonable period to cure the deficiency. If the deficiency is not cured within the period specified in the notice, the aggrieved party may immediately terminate this Agreement by giving written notice to the other party. 2. Funding. This Agreement shall terminate if funds to pay compensation hereunder are not appropriated by the City Council. City shall make reasonable efforts to give 5 <, . !: , . I .' ~ ~ MCG at least ninety (90) days' advance notice that funds have not been and are not expected to be appropriated for that purpose. SECTION R. NOTICE: Any notices required under this Agreement shall be made in writing, postage prepaid to the following addresses, and shall be deemed given upon hand delivery, verified delivery by telecopy (followed by copy sent by United States Mail), or three (3) days after deposit in the United States Mail: City: MCG: SECTION S. INV AUDITY OF PRIOR AGREEMENTS: This Agreement supersedes all prior contracts or agreements, either oral or written, that may exist between the parties with reference to the services described herein and expresses the entire agreement and understanding between the parties with reference to said services. It cannot be modified or changed by any oral promise made by any person, officer, or employee, nor shall any written modification of it be binding on City until approved in writing by both City and MCG. IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) set forth opposite the signatures of their authorized representatives to be effective for all purposes on the date first written above. \~c~l~dc- /;----- .~;;;t~&JAj(#_. . & ~JiJgl On Behal~ of the Board of Regents of the University System of Georgia Barry D. Goldstein, Ph.D. Provost ~ (')~ 7 Date: J I I) )()~ Date: 6