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HomeMy WebLinkAbout2003-327 ! IMPORTANT NOTE - RESOLUTION 2003-327 is , null and void because it was not executed within the time specified. L .1 ' RESOLUTION NO. 2003-327 o J RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO FIRE DEPARTMENT TO ENTER INTO AN AGREEMENT WITH LOMA LINDA UNIVERSITY HEALTH CARE FOR MEDICAL DIRECTOR SERVICES. 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. The City of San Bernardino Fire Department and Loma Linda University x llealth Care wish to enter into an agreement for Medical Director services; 9 SECTION 2. The Mayor or her designee is hereby authorized and directed 10 execute said 10 agreement, a copy of which is attached and incorporated herein as Attachment A: 11 SECTION 3. Said Agreement will be for Medical Director services for the period of 12 December 1,2003 through December 31, 2004, 13 SECTION 4. The authorization to execute the above referenced Agreement is rescinded if it 14 ] 5 is not executed within sixty (60) days of the passage of this resolution, 16 !!!! 17 //1/ IX !!!! 19 ///1 20 !!!! 21 1/1/ 22 1II1 23 !!!! 24 I1II y ~) !!!! 26 !!!! 27 !!!! 28 I1II //1/ 1 ,~ 2003-327 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO FIRE DEPARTMENT TO ENTER INTO AN AGREEMENT WITH LOMA LINDA UNIVERSITY HEALTH CARE FOR MEDICAL DIRECTOR SERVICES. 2 , .J 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and December Common Council of the City of San Bernardino at a j t. regular meeting thereof, held on the 6 1st day of 7 8 9 Council Members: 10 ESTRADA 11 LONGVILLE 12 McGINNIS 13 DERRY 14 SUAREZ 15 ANDERSON 16 McCAMMACK 17 18 19 ,2003, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT x x x x x x x ~~~,~y~r~~ The foregoing resolution is hereby approved this ~.<L day of _~cember:._, 2003, 20 21 n )' _.J Approved as 10 form and legal content: 24 25 James F, Penman City Attorney 26 27 28 Judi 1 alles, Mayor Ci f San Bernardino 2 2003-327 Attachment "A" AGREEMENT FOR MEDICAL DIRECTOR SERVICES This AGREEMENT FOR MEDICAL DIRECTOR SERVICES (Agreement) is made by and between the SAN BERNARDINO CITY FIRE DEPARTMENT (Department) and LOMA LINDA UNIVERSITY HEALTH CARE (Loma Linda) as of December 1,2003 and is made with regard to the following: RECITALS A, Deparlment is desirous of having an Emergency Medicine trained and licensed physician with EMS experience serve as an independent conlractor in the position of Medical Director in order to maximize the Department's provision of emergency medical services to the community it serves, B, Loma Linda is a provider of clinical and teaching medical services able to serve Department with a qualified Medical Director on an independent contractor basis, Loma Linda is willing to provide the services set forth herein to the Department. Loma Linda believes that because of rapidly changing technology and advances in EMS research, all aspects of the organization and provision of basic (including dispatch and first responder) and advanced life support emergency medical services (EMS) require active involvement and participation of physicians. The primary role of an EMS medical director is to ensure quality patient care. C Loma Linda is planning to start an EMS Fellowship for specialized training of Emergency Physicians in all aspects of pre hospital care and is desirous of working closely with a fire department to assist in the education and training of future EMS Physicians, AGREEMENT I, Term and Amendment: The term of Ihis Agreement shall be from December I, 2003 through and including December 31. 2004, The parties may extend this Agreement for an additional year or years, or may otherwise amend this Agreement by mutual written consent. Any party may lerminate this agreement for any reason upon giving 30 days notice, 2, Independent Contractor: Loma Linda and the Medical Director shall provide the services detailed in this Agreement as independent contractors and not as employees of the Department. Medical Director shall not be entitled to any benefits of employment from Department, and shall nol refer to him/herself as an employee of the Department. Medical Director shall be considered Loma Linda's employee for all purposes at all times, Medical Director may refer to himself as "San Bernardino City Fire Department Medical Director," but shall not promote or advertise him/herself as an employee of the Department. 3, Qualifications of Medical Director: Medical Director shall be an individual jointly approved by the Department and Loma Linda, Medical Director shall be a Residency Trained and Board Certified/Eligible Emergency Medicine physician with EMS!Prehospital experience and a licensed physician in the State of California, 4, Compensation: In recognition of the mutual benefits received by the parlies under this Agreement, neither party shall charge the other any fee for the following: 2003-327 Departmental representation by Medical Director at meetings that he/she would attend regardless of hislher role with the Department. (e,g. lCEMA Medical Advisory Committee, ICEMA Regional QI Committee, Emergency Medical Directors Association of California, etc,) Departmental use of Medical Director's DEA and medical license to assist with ordering narcotics. other medications and supplies, Medical Director serving as a liaison to the medical community and helping resolve dispules rcgarding medical direction/control and patient care issues, Emergency Medicine resident physician educational lectures/skills days for Department Department providing medical director with turnouts, appropriate identification, radio and other personal protective/safety equipment and/or supplies as deemed appropriate by both parties Loma Linda may charge reasonable expenses in an amount approved in advance in writing by the parties for other aspects of medical direction, Until a written addendum is approved by both parties, Medical Director will assist with other responsibilities as time permits. 5, Responsibilities of Medical Director: Medical Director, acting as an employee ofLoma Linda shall be responsible for the following: a, The Department's Medical Director shall consult and recommend correclive aclion on all issues dealing with patient care and clinical aspects of emergency medical services provided by the Department with the concurrence of Department's Chief and EMS Coordinator. The Department adheres to all policies and procedures according to Inland Counties Emergency Medical Agency's Medical Director. b, Promoting the ideals and philosophy ofLoma Linda while serving as a patient advocate, c, Overseeing the ongoing education, training and qualifications of Department emergency medical services employees (including dispatch personnel) in conjunction with EMS coordinator. d, Review, revise and/or develop the policieslprocedures of the Department emergency medical services, regarding appropriate medical equipment and supplies available to Department employees in conjunction with EMS coordinator. e, Develop medical care policies, procedures. and clinical standards for Department implementation commensurate with the Department's established policies and scope of emergency medical services and in accordance with applicable federal, state and local laws and regulations in conjunction with EMS coordinator. f. Participate in the determination of the qualifications and minimum standards for Department hiring, promotion, retention, training and continuing education practices and programs in order to maximize the qualifications of Department emergency medical 2 2003-327 services employees, The final decision on employment issues remains with the Departmcnt. g, With the concurrence of the Department's Chief and EMS Coordinator. develop. review and/or revise standards to be followed and implementcd by the Department 10 restricllhe patient care activities of any Department emergency medical services employee who does not meet the specified training programs or whose performance is inconsistent with established policies or procedures, patient care protocols, or clinical standards of care, h, Review andlor develop written protocols to be followed and implemented by the Department for patients being transported to medical facilities, i, Serve as a liaison to the medical community, and help resolve disputes regarding medical direction/control and patient care issues, .I, Work cooperatively with the Department in any and all administrative decisions of the Department thai may affect patient care, including but not limited to dispatching, information about all patient complaints, litigation, and reviewing all Department contracts which may impact the responsibilities of the Medical Director. k, Being actively involved in the continuous quality improvemenl (CQI) program, 1. Approving the medical component of the dispatch protocols, including mechanisms to determine call priority and configuration of response, and appropriate pre-arrival instructions, 6, Responsibilities of Loma Linda: Loma Linda shall be responsible for the following under this Agreement: a. Providing a qualified Medical Director who has the skills, training and background to perform the duties successfully, Loma Linda may temporarily replace Medical Director with a substitute when Medical Director is on vacation or otherwise unable to perform his/her services under Ihis Agreement, but the substitute must be a physician with similar Iraining and experience and musl be approved in advance by the Deparlment. b, Maintain the necessary empIoymenl, insurance and other records, including Workers Compensation insurance, for the Medical Direclor. c, Informing Department of any changes or additions to federal, state or local law or regulations impacting the ability of a physician to provide the services of a Medical Director under this Agreement. 7, Responsibilities of the Department: The Department shall be responsible for the following under this Agreement: a, Introducing the Medical Director to the appropriate Department staff, and explaining the scope and purpose of the services to be provided by the Medical Director to the staff. 3 2003-327 b, Providing the Medical Director with the resources and authorily commensurate with Ihe Medical Direclor's responsibilities c, Providing the Medical Director with access to medical records, dispatch tapes and other appropriate information for review of patient care issues d. Providing adequate workspace, supplies and equipment at mutually agreed upon locations for Ihe Medical Director. e, Liaison at the Chief and EMS Coordinator level to coordinate activities with the Medical Director. Loma Linda and the Department. f. Informing Loma Linda and Medical Director of any changes or additions to federal, state or local law or regulations which would impact the services of Medical Director under this Agreement. g, Department will allow Loma Linda University Medical Center EMS Fellow. who is a residency trained and board certified/eligible Emergency Physician to assist with the duties of Medical Director as part of his/her education, 8, Exclusions from Responsibilities of Medical Director; Medical Director shall not be responsible for providing personal health services to Department employees, conducting employee physical examinations, evaluating disability claims or evaluating a Department employee's ability to return to work. 9, Insurance Requirements: At all times during the term of this Agreement, including any exlensions, Loma Linda shall obtain and continuously maintain professional malpractice liability insurance coverage in the amount of at least one million dollars ($1,000.000) per occurrence or claim and three million ($3.000.000) in the annual aggregate for the acls and omissions of Loma Linda and Medical Director. and the City of San Bernardino shall be named as an additional insured, Evidence of such coverage shall be provided to the Department. 10, Indemnitv Provisions: a, Loma Linda hereby agrees 10 hold harmless, indemnify and defend Deparlment (if requested by Department) against any and all claims, lawsuits or actions of any nature resulting from the negligent acts or omissions of Medical Director or Loma Linda or its officers, employees or agents, with regard to services provided under this Agreement. Said indemnity shall include full payment of any awards, judgments, costs or attorney's fees against Department, its officers, employees, or agents, The amount of malpractice insurance set forth is Section 9 above shall not be a limitation on Loma Linda's liability herein. The costs, salaries, and expenses of the City Attorney and members of his office in connection with that action shall be considered as attorney's fees for purposes of this Agreement. b, Department hereby agrees to hold harmless, indemnify and defend Loma Linda and Medical Director against any and all claims, lawsuits or actions of any nature resulting trom the negligent acts or omission of Department. its ofticers, employees or agenls with regard to services provided under this Agreement. Said indemnity shall include full 4 2003-327 . payment of any awards, judgments, costs or attorney's fees against Loma Linda, its officers, employees and agents, or Medical Director. II, Severance Clause: If any term or condition of this Agreement is found by a court of competent jurisdiction to be unlawful, then the remainder of the Agreement shall continue in full force and effect unless to do so would render the Agreement meaningless, 11, Notices: Written notices between the parties shall be sent as follows: To the Department: San Bernardino City Fire Department Larry Pilzer, Fire Chief 200 East 3'd Street San Bernardino, CA 92410 To Loma Linda: Lorna Linda University Health Care 11370 Anderson St., Suite 3000 Loma Linda, CA 92354 Attn: Roger Hadley, MD 13, Resolution of Disputes: The parties agree that litigation over disputes concerning this Agreement shall be a last resort. The parties agree to exhaust all cooperative efforts to resolve any disputes, including use of a mediator jointly hired by the parties to mediate and provide a recommended resolution, before going to litigation, In the event of any litigation, the prevailing parly, as determined by the court, shall be entitled to reasonable attorney's fees and costs. Any litigation shall be filed in San Bernardino County and governed by the laws of California. San Bernardino City Fire Department Loma Linda University Health Care , By: lis: May r lis: President APPROVED AS TO FORM AND LEGAL CONTENT. By: Its: Chairman, Department of Emergency Medicine James F. Penman, City orney By: Its: EMS Director 5