HomeMy WebLinkAboutAgreement - Stanford Health Care - Contract No. 24FD1278 - Medical Director Oversight of Fire Department Emergency Medical Services Program - Signed 2023-08-08City of Gilroy
Agreement/Contract Tracking
Today’s Date:
October 17, 2023 Your Name: Jennifer Fortino
Contract
Type:
Services over $5k - Contractor -
NO ENG OR DESIGN
Phone Number: 371
Contract Effective Date:
(Date contract goes into effect)
8/8/2023
Contract Expiration Date: 8/7/2025
Contractor / Consultant Name:
(if an individual’s name, format as
last name, first name)
Stanford Healthcare
Contract Subject:
(no more than 100 characters)
Medical Director Oversight of Fire Department Emergency Medical
Services Program
Contract Amount:
(Total Amount of contract. If no
amount, leave blank)
18000
By submitting this form, I confirm
this information is complete:
Date of Contract
Contractor/Consultant name and complete address
Terms of the agreement (start date, completion date or “until
project completion”, cap of compensation to be paid)
Scope of Services, Terms of Payment, Milestone Schedule and
exhibit(s) attached
Taxpayer ID or Social Security # and Contractors License # if
applicable
Contractor/Consultant signer’s name and title
City Administrator or Department Head Name, City Clerk
(Attest), City Attorney (Approved as to Form)
Routing Steps for Electronic Signature
Risk Manager
City Attorney Approval As to Form
City Administrator or Department Head
City Clerk Attestation
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AGREEMENT BETWEEN THE CITY OF GILROY AND STANFORD
HEALTH CARE FOR PROFESSIONAL SERVICES
This Agreement (“Agreement”) is entered into on this 8th day of August 2023, (“Effective Date”) by
and between the CITY OF GILROY, (“CITY”), and STANFORD HEALTH CARE, a California nonprofit
public benefit corporation, located at 300 Pasteur Drive, Stanford, California, 94305 ("CONSULTANT")
hereinafter referred to collectively as “Parties”, and individually as a “Party.”
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY desires to engage a consultant to provide emergency medical services (“EMS”) medical
director services (“Services”).
B. The City of Palo Alto processed a Request for Proposal on behalf of a number of fire agencies
within Santa Clara County to select a consultant to serve as medical director consultant, to provide quality
oversight, training, and education, and to provide focused medical training for the Fire Department’s
Emergency Medical Services Program, and CONSULTANT was selected to provide the necessary services
for the fire agencies and has been providing the services for CITY since 2017 through past agreements.
C. CONSULTANT, through its arrangement with the Stanford University School of Medicine
(“Stanford”) is willing to provide physicians (“Physicians”) with the professional
expertise, qualifications, and capability, and all herein required licenses and/or certifications to provide
the Services.
D. CITY desires to engage CONSULTANT to provide the Services as more fully described in
Exhibit A, attached to and made a part of this Agreement.
In consideration of the promises and the mutual covenants contained in this Agreement, the
Parties agree as follows:
1. Term of Agreement. This Agreement is effective and shall cover services rendered from August
8th, 2023 through August 7, 2025, at which time CONSULTANT’S Services shall be completed, unless
terminated earlier pursuant to Section 4 of this Agreement. The Parties may mutually agree to extend the
term of this Agreement for up to two (2) additional one (1) year periods. Any such extension(s) shall be in
writing and signed by both Parties to this Agreement.
2. Scope of Service. The Services to be provided by CONSULTANT shall be to provide one or more
EMS Medical Director(s) for emergency medical services as further described in Exhibit A.
3. Compensation. CONSULTANT shall be compensated as follows:
3.1. Amount. CITY shall pay CONSULTANT $1,500.00 per month for the Services, for a
maximum amount of $18,000 annually.
3.2. Billing. CONSULTANT shall provide CITY with a monthly invoice containing the date and
reasonable detail of all services provided and expenses incurred by CONSULTANT. Any
rate charged shall be prorated where services are interrupted or not provided for any rate
period (for example, any monthly rate charge should be prorated when services were
interrupted or provided for only part of the month). For services billed on an hourly rate, the
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minimum unit of billed time shall not exceed one tenth of one hour. CONSULTANT shall
perform and CITY shall pay for services and expenses up to the limit of compensation set
forth above, that in the CITY’s reasonable judgment were necessary and reasonable.
Services provided and expenses incurred in excess of the total compensation set forth in
paragraph 4.1 above shall be at no cost to CITY and CITY agrees not to require or request
such uncompensated Services from CONSULTANT. CITY shall process and pay invoices
within thirty (30) days of receipt. Any invoice not paid within sixty (60) days of re ceipt will
bear interest from the due date until paid at the rate of 5% per annum, and shall also
constitute a substantial failure of performance by CITY for which CONSULTANT may
terminate this Agreement pursuant to Section 4.
4. Termination. CITY or CONSULTANT shall have the right to terminate this Agreement, without
cause, by giving thirty (30) days' written notice or less under urgent circumstances. Upon such termination,
CONSULTANT shall submit to CITY an itemized statement of services performed for which compensation
has not been paid. The CITY Administrator of CITY is authorized to terminate this AGREEMENT on behalf
of CITY.
5. Performance of Work. CONSULTANT represents that Physicians are qualified by virtue of their
experience, training, education, and expertise to accomplish the Services. Services shall be performed by
Physicians in accordance with professional practices in a manner consistent with a level of care,
competence and skill exercised by qualified members of their profession. By delivery of completed work,
CONSULTANT certifies that the work conforms to the requirements of this Agreement and all applicable
federal, state and local laws. CONSULTANT shall provide all work and services under this Agreement in
conformance with the time schedule set forth on Exhibit B, "Schedule of Performance," attached hereto and
incorporated herein by this reference. CITY's City Administrator is authorized on behalf of CITY to modify
the timeframes set forth on the Schedule of Performance within the term of this Agreement. If
CONSULTANT desires to leave or store any of CONSULTANT's equipment at a CITY site while
CONSULTANT is providing work or service pursuant to this Agreement, CONSULTANT will first obtain th e
consent of CITY's City Administrator , or his delegate, to do so, and any such storage shall occur only in the
manner and location allowed by such CITY official and entirely at CONSULTANT's sole risk.
6. Insurance Requirements. CONSULTANT shall procure and provide proof of the insurance
coverage required by this section in the form of certificates and endorsements. The required insurance must
cover the activities of CONSULTANT, including its subcontractors, employees and agents, relating to or
arising from the performance of any work or service under this Agreement, and must remain in full force and
effect at all times during the period covered by this Agreement. The coverages may be arranged under a
single policy for the full limits required or by a combination of underlying policies with the balance provided
by excess or “umbrella” policies, provided each such policy complies with the requirements set forth herein.
CONSULTANT further understands that the CITY reserves the right to modify the insurance requirements
set forth herein, with thirty (30) days’ notice provided to CONSULTANT, at any time as deemed necessary
to protect the interests of the CITY.
6.1. Insurance Types and Amounts.
6.1.1. Commercial General Liability (CGL). CONSULTANT shall maintain CGL against claims and liabilities
for personal injury, death, or property damage providing protection in the minimum amount of: (i)
one million dollars ($1,000,000.00) for bodily injury or death to any one person for any one accident
or occurrence and at least one million dollars ($1,000,000.00) for property damage, or (ii) the
maximum amount of such insurance available to CONSULTANT under CONSULTANT's combined
insurance policies (including any excess or “umbrella” policies), whichever is greater.
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6.1.2. Workers’ Compensation Insurance and Employer’s Liability. CONSULTANT shall maintain Workers
Compensation coverage, as required by law, in the minimum amount of: (i) one million dollars
($1,000,000.00) for any one accident or occurrence, or (ii) the maximum amount of such insurance
available to CONSULTANT under CONSULTANT's combined insurance policies (including any
excess or “umbrella” policies), whichever is greater. If CONSULTANT is self -insured,
CONSULTANT shall provide its Certificate of Permission to Self-Insure, duly authorized by the
Department of Industrial Relations.
6.2. Endorsements. CONSULTANT shall provide proof of the following endorsements, listed for
each policy for which endorsements are required, as outlined below:
6.2.1. General Liability.
6.2.1.1. The City of Gilroy, its elected or appointed officials, boards, agencies,
officers, agents, employees, and volunteers, and its elected or appointed officials,
boards, agencies, officers, agents, employees, and volunteers, are named as
additional insureds;
6.2.1.2. The insurer waives the right of subrogation against the City of Gilroy and
their respective elected or appointed officials, boards, agencies, officers, agents,
employees, and volunteers; and,
6.2.1.3. Insurance shall be primary non-contributing.
6.2.2. Workers Compensation.
The insurer waives the right of subrogation against the City of Gilroy and their
respective elected or appointed officials, boards, agencies, officers, agents,
employees, and volunteers.
6.3. Qualification of Insurers. All insurance required pursuant to this Agreement must be issued
by a company licensed and admitted, or otherwise legally authorized to carry out insurance
business in the State of California, and each insurer must have a current A.M. Best's
financial strength rating of “A” or better and a financial size rating of “VII” or better.
6.4. Certificates. CONSULTANT shall furnish CITY of Gilroy with copies of all policies or
certificates as outlined herein, whether new or modified, promptly upon receipt. No policy
subject to the CONSULTANT’s agreement with the CITY shall be canceled or materially
changed except after thirty (30) days' notice by the insurer to CITY. Certificates, including
renewal certificates, may be mailed electronically to Risk Manager, or delivered to the
Certificate Holder address provided herein
Certificate Holder address:
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
7. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be
personally liable for any default or liability under this Agreement.
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8. Compliance with Law. CONSULTANT and its officers, employees, agents, and subcontractors
shall comply with all applicable laws, ordinances, administrative regulations, and permitting requirements in
carrying out their obligations under this Agreement. CONSULTANT and its officers, employees, agents, and
subcontractors covenant there shall be no discrimination based upon race, color, creed, religion, gender,
marital status, age, sexual orientation, national origin, mental disability, physical disability, medical
condition, or ancestry, in any activity pursuant to this Agreement.
9. Independent Contractor. CONSULTANT and Physicians are independent contractors with respect
to CITY and not an agent or employee of CITY or CAL FIRE.
10. Confidentiality. All data, documents, or other information received by CONSULTANT from CITY or
prepared in connection with CONSULTANT’S services under this Agreement are deemed confidential and
shall not be disclosed to any third party by CONSULTANT without prior written consent by CITY.
11. Conflict of Interest and Reporting. CONSULTANT shall at all times avoid conflict of interest or
appearance of conflict of interest in performance of this Agreement.
12. Notices. All notices shall be personally delivered or mailed, via first class mail to the below listed
address. These addresses shall be used for delivery of service of process. Notices shall be effective five (5)
days after date of mailing, or upon date of personal delivery.
Address of CONSULTANT is as follows:
Attn: Alison M. Kerr
Vice President, Neuroscience Service Line | Psychiatry &
Behavioral Sciences and Operations
Stanford Health Care
With a copy to:
300 Pasteur Drive
Stanford, CA 94305 With a copy to:
Stanford University, Office of the General Counsel
Attn: Chief Hospital Counsel Building 170, 3rd Floor, Main Quad
P.O. Box 20386
Stanford, CA 94305-2038
Address of CITY is as follows:
James Wyatt, Fire Chief
7351 Rosanna Street
Gilroy, CA 95020
With a copy to:
Jennifer Fortino
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
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13. Licenses, Permits and Fees. CONSULTANT shall obtain permits and licenses to the extent
required by ordinances, codes and regulations of the federal, state and local government; except that any
permit or license required to be obtained exclusively for the Services herein and not for any other reason
shall be paid by CITY directly or reimbursed by CITY as a reimbursable expense.
14. Maintenance of Records.
14.1. Maintenance. CONSULTANT shall prepare, maintain, and preserve all reports and records
that may be required by federal, state, and CITY rules and ordinances related to services
provided under this Agreement. CONSULTANT shall maintain records for a period of at
least 3 years after receipt of final payment under this Agreement. If CONSULTANT is aware
of any litigation, claim, negotiation, audit exception, or other action relating to this Agreement
is pending at the end of the 3 year period, then CONSULTANT shall retain said records until
such action is resolved.
14.2. Access to and Audit of Records. The CITY shall have the right to examine, monitor and audit
all records, documents, conditions, and activities of the CONSULTANT and its
subcontractors related to services under this Agreement.
15. Familiarity with Work. By executing this Agreement, CONSULTANT represents that: (1) it has
investigated the work to be performed; (2) it has investigated or will investigate the site of the work and is
aware of all conditions there; and (3) it understands the difficulties and restrictions of the wor k under this
Agreement. Should CONSULTANT discover any conditions materially differing from those inherent in the
work or as represented by CITY, it shall immediately inform CITY and shall not proceed, except at
CONSULTANT'S risk, until written instructions are received from CITY.
16. Project Management. CONSULTANT will assign Peter D’Souza (“Project Director”) to have
supervisory responsibility for the performance, progress, and execution of the Services and to himself
represent CONSULTANT, or provide the name and contact information for another qualified Physician
approved by CITY to represent CONSULTANT, during the day-to-day work on the Services. If
circumstances cause the substitution of the Project Director for any reason, the appointment of a substitute
Project Director will be subject to the prior written approval of the CITY’s project manager. CONSULTANT,
at CITY’s request, shall promptly remove personnel who CITY reasonably finds do not perform the Services
in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the
Services or a threat to the safety of persons or property.
CITY’s project manager is the Emergency Medical Services Coordinator, to be designated in a separate
writing from the CITY to the CONSULTANT. The project manager will be CONSULTANT’s point of contact
with respect to performance, progress and execution of the Services. CITY may designate an alternate
project manager from time to time, but shall provide timely notice to CONSULTANT.
17. Time of Essence. Time is of the essence in the performance of this Agreement.
18. No Assignment. The parties agree that the expertise and experience of CONSULTANT are
material considerations for this Agreement. Neither this Agreement nor any portion shall be assigned by
CONSULTANT, without prior written consent of CITY. Any attempted assignment not first approved by CITY
shall be void and, at CITY's option, shall terminate this Agreement effective as of the date of such attempted
assignment.
19. Subcontracting. Except for its relationship with STANFORD, CONSULTANT shall not subcontract
any portion of the work to be performed under this Agreement without the prior written authorization of the
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City Manager or designee. CONSULTANT shall be responsible for directing the work of any subconsultants
and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning
compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a
subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the City
Manager or his designee.
20. Attorney Fees. In any legal action, dispute or arbitration arising out of or relating to this Agreement,
the prevailing party shall be entitled to an award of its reasonable attorney fees, costs and expenses
incurred.
21. Defense and Indemnification.
21.1. Defense and Indemnification. CONSULTANT shall, to the fullest extent permitted by law,
indemnify, defend and hold harmless the CITY,and each of their elected or appointed officials,
boards, agencies, officers, agents, employees, and volunteers, (“INDEMNITEES”) from and against
any and all claims, liabilities, expenses, liens, or damages of any nature, including liability for bodily
injury, property damage or personal injury, and including reasonable attorneys' fees and expenses,
that arise out of, pertain to, or relate to the performance of this Agreement or the failure to comply
with any obligations contained in this Agreement by CONSULTANT, and/or its agents, officers,
employees, subcontractors, or independent contractors (“CLAIM”).
21.2. Exceptions. CONSULTANT is not required to indemnify I NDEMNITEES against liability for
bodily injury, property damage or personal injury, or any other loss, damage or expense arising from
the sole negligence or willful misconduct of the CITY.
21.3. Not limited by insurance. The indemnity, defense and hold harmless provisions of this
Agreement apply to all CLAIMs alleged against an INDEMNITEE, regardless of whether any
insurance policies are applicable. Policy limits do not act as a limitation upon the amount of
indemnification or defense to be provided by CONSULTANT.
21.4. Right to Offset. CITY shall have the right to offset against any compensation due
CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of
CONSULTANT's failure to pay CITY promptly any indemnification arising under this Section and any
amount due CITY from CONSULTANT arising from CONSULTANT's failure either to (i) pay taxes on
amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation
laws.
21.5. Interpretation. This Section shall constitute an agreement or contract of indemnity,
incorporating the interpretations under California Civil Code Section 2778. It is expressly
understood and agreed that the obligation of the CONSULTANT to indemnify the INDEMNITEE shall
be as broad and inclusive as permitted by the laws of the State of California and shall survive
termination of this Agreement.
22. Entire Agreement; Modification; Conflicting Provisions. This Agreement and its exhibits
constitutes the entire Agreement between the Parties and supersedes any previous agreements, oral or
written. This Agreement may be modified or provisions waived only by a subsequent mutual written
agreement executed by CITY and CONSULTANT. If the provisions contained in the main body of this
Agreement conflict with any provision contained in an exhibit to this Agreement, the provisions of the main
body of this Agreement shall govern and control over any provision contained in an exhibit to this
Agreement.
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23. Waivers. The waiver by either party of any breach or violation of any covenant, term, condition or
provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver
of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or
violation of the same or of any other term, covenant, condition, provision, ordinance or law.
24. Non-Appropriation. This Agreement will terminate without any penalty (a) at the end of any fiscal
year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal
year in the event that funds are only appropriated for a portion of the fiscal year and funds for this
Agreement are no longer available. This section shall take precedence in the event of a conflict with any
other covenant, term, condition, or provision of this Agreement.
25. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the
State of California. This Agreement was entered into and is to be performed in the County of Santa Clara.
Any action or dispute arising out of this Agreement shall only be brought in Santa Clara County.
26. Interpretation. This Agreement is a negotiated document and shall be deemed to have been
drafted jointly by the Parties, and no rule of construction or interpretation shall apply against any particular
Party based on a contention that the Agreement was drafted by one of the Parties including, but not limi ted
to, California Civil Code § 1654, the provisions of which are hereby waived. This Agreement shall be
construed and interpreted in a neutral manner.
27. Preservation of Agreement. If any term, provision, covenant, or condition of this Agreement is held
by a court of competent jurisdiction to be invalid or unenforceable, the rest of the Agreement shall remain in
full force and effect and shall in no way be affected or invalidated.
28. Binding Agreement. Notwithstanding the provisions of Section 18 above, this Agreement shall
bind any and all successors in interest, legal representatives and/or other permitted assignees or
transferees of CONSULTANT in the same manner as if those successors in interest, legal representatives
or other permitted assignees or transferees had entered into this Agreement originally.
29. Piggybacking. CONSULTANT and CITY agree that, upon written authorization of CONSULTANT,
other public agencies, including without limitation those defined by United States (Local, State and Federal)
Government Codes, shall have the option to piggyback upon the terms of this agreement for their own use
for the services defined in this Agreement. CITY shall incur no financial responsibility or liability in
connection with the piggybacking upon this Agreement by another public agency. CONSULTANT agrees
that any public agency piggybacking upon the terms of this Agreement shall be solely responsible for its
own arrangement with and payments to CONSULTANT and that CITY shall have no responsibility or liability
whatsoever regarding the piggybacking arrangement.
30. Signature in Counterparts. This Agreement may be signed in multiple counterparts, which shall,
when executed by all the parties, constitute a single binding agreement.
31. Referrals. Neither CONSULTANT nor CITY intend that any payments, services or other
consideration provided under this Agreement be in return for any patient referrals, the referral of ongoing
business, if any, or in return for the purchasing, leasing, or ordering of any services other than the specific
services described in this Agreement. All payments specified in this Agreement are consistent with what
the parties reasonably believe to be a fair market value for the services provided. CITY has a written policy
regarding patient transport and patient referrals and CONSULTANT has had no input on such policy and
represents that any future input on such policy shall not show any preference for CONSULTANT’s facilities
based on any unlawful measures. The Parties intend that this Agreement conform in all respects to all
applicable laws.
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32. Consequential Damages. Neither Party is liable for any special, consequential, lost profit,
expectation, punitive or other indirect damages in connection with any claim arising out of or related to this
Agreement, whether grounded in tort (including negligence), strict liability, contract, or otherwise.
33. Use of Name. Neither Party may use the name, logo, brand or corporate identity of the other Party,
or any affiliate of the other Party, for any purpose without the prior written consent of the entity whose name,
logo, brand or corporate identity is proposed to be used; provided, however, that nothing herein shall
prohibit CITY from using the Stanford name solely to identify a Physician’s status as a current member of
the CONSULTANT’s medical staff or Stanford University faculty.
34. Policies. CITY shall provide CONSULTANT with copies of all policies and procedures, rules and
regulations, of CITY that govern the activities of CONSULTANT while engaged in providing the serv ices
hereunder.
35. Force Majeure. Neither Party shall be liable nor deemed to be in default for any delay, interruption
or failure in performance under this Agreement deemed resulting, directly or indirectly, from acts of God,
civil or military authority, war, accidents, fires explosions, earthquakes, floods, failure of transportation,
machinery or supplies, vandalism, riots, civil disturbances, strike or other work interruptions by either Party’s
employees, or any similar or dissimilar cause beyond the reasonable control of either Party. However, both
Parties shall make good faith efforts to perform under this Agreement in the event of any such
circumstances.
36. Ownership Rights to Materials / Restrictions on Use. Upon delivery, all work product developed
by CONSULTANT entirely pursuant to this Agreement, including without limitation, all writings, drawings,
plans, reports, specifications, calculations, documents, other materials and copyright interests developed
under this Agreement (“Materials”) shall be and remain the exclusive property of the CITY without restriction
or limitation upon their use; provided, however, that the CITY hereby consents to CONSULTANT keeping
copies of the Materials for purposes internal to CONSULTANT/Stanford or using such Materials in
connection with the provision of services to other EMS agencies or agencies providing emergency services.
CONSULTANT shall have sole rights to any documents or materials developed in whole or in part prior to
the Effective Date of this Agreement; provided however, the CONSULTANT consents to the CITY using
materials developed in whole or in part prior to the Effective Date of this Agreement that are provided to the
CITY by CONSULTANT for the provision of emergency services to the CITY. Except as otherwise allowed
herein, neither CONSULTANT nor its contractors, if any, shall make any Materials available to any
individual or organization without the prior written approval of the CITY. CONSULTANT makes no
representation of the suitability of the work product for use in or application to circumstances not
contemplated by the scope of work.
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37. Authority to Execute. Those individuals who are signing this Agreement on behalf of entities
represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to
bind the entities fully to each and all of the obligations set forth in this Agreement.
IN WITNESS THEREOF, these Parties have executed this Agreement on the day and year shown
below.
ATTEST: CITY OF GILROY
Name: Thai Pham
Title: City Clerk
Name: Jimmy Forbis
Title: City Administrator
Print Name Print Name
Date: Date:
APPROVED AS TO FORM: Stanford Health Care
Andy Faber
City Attorney
By:
Title:
Print Name
Date:
Alison M. Kerr, Vice President,
Neuroscience and Orthopedic
Service Lines and Chief
Administrative Officer, Clinical
Operations
Date:
By:
Title:
Date:
Andra Blomkalns, M.D.
Chair, Department of Emergency
Medicine, Stanford University School
of Medicine
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EXHIBIT A
SCOPE OF SERVICES
1 SCOPE OF SERVICES:
The following provides a general description of the scope of services to be provided by
CONSULTANT. This list is agreed upon by all entities but not limited to, as EMS is dynamic
with priorities changing throughout the year and influenced by external f actors such as
the County EMS Agency.
1.1. Provide representation, medical control, and oversight for Emergency Medical
Services (EMS) including but not limited to:
1.1.1. Assist the Program Manager(s) in maintaining an EMS program consistent
with the National Highway Traffic Safety Administration’s EMS Curriculum.
1.1.2. Attend Santa Clara County EMS Agency committee meetings as mutually
agreed upon with the Program Manager(s) such as such as; Santa Clara
County Medical Advisor Committee, Prehospital Quality Improvement
Committee, Stroke Advisory Committee, Cardiac Advisory Committee and
Trauma Advisory Committee) as well as the EMS Medical Directors
Association of California.
1.1.3. Represent and advocate for the agency in cooperation with the County
EMS Agency Medical Director on related EMS matters.
1.1.4. Work with Program Manager(s) to educate personnel to provide care that is
consistent with federal, state, and local “standards of practice and care.”
1.1.5. Act as a consultant to the Program Manager(s) when developing internal
policies pertaining to EMS.
1.1.5.1. Specifically, evaluate policies and procedures to determine if they
may have a negative impact on patient care and recommend
suspension of any operation or procedure that poses a risk to
patients or personnel.
1.1.6. If the agency has an AED program, provide oversight as required by the State
of California.
1.1.7. At the request of the Program Manager(s), assist in evaluation of EMS
personnel including:
1.1.7.1. Evaluation of employees identified by the Program Manager(s) who
require guidance or further training in medically-related matters
and submission of findings to the EMS Program Manager; and
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1.1.7.2. Participation in the development of any Personal Improvement
Plan (PIP) as needed.
1.1.8. Participate in call review and feedback, including PCR review, as requested
by the EMS Program Manager(s).
1.1.9. Perform ongoing evaluation of Advance Life Support (ALS) and Basic Life
Support (BLS) program effectiveness by reviewing and evaluating data.
1.1.10. Present research and development opportunities for pre-hospital care (e.g.,
medical procedures, techniques, medications, equipment, Integrated
Healthcare, etc.) and assist the EMS program in improving its emergency
service responses.
1.1.11. Review and assist in preparation of quality reports, as requested by the
Program Manager(s)
1.1.12. Oversee and facilitate obtaining the controlled medications necessary to
meet county requirements. The CONSULTANT will ensure a primary
physician contact will obtain a DEA registration specific to the agency that
can be used to order controlled medications. In addition, the CONSULTANT
will ensure a primary physician contact with a valid and unrestricted medical
license from the California Medical Board that can be used for ordering medical
supplies as needed. Make recommendations for modifications of system
design, performance, protocols and training standards designed to improve
patient outcomes.
1.1.13. Review and analyze clinical reports.
1.1.13.1. Make recommendations on system identified issues;
1.1.13.2. Assist Program Manager(s) in developing internal training (see
Section 1.4 for further);
1.1.13.3. Provide subject matter expertise as applicable
1.1.13.4. Provide patient outcome data if possible.
1.1.13.5. Participate in PCR review of designated calls (such as airway or
cardiac arrest) and review specific PCRs as requested by the
program manager
1.2. Provide medical oversig ht for Emergency Medical Dispatch System
(EMDS) as required by the State of California, including but not limited to:
1.2.1. Serve as liaison to County EMS.
1.2.2. Monitor and participate in an ongoing quality assurance/quality
improvement plan
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1.2.3. Ensure ongoing compliance by participating in periodic control room sit-
along provide guidance regarding the application of protocols and
participate in the call review process, as needed.
1.2.4. Evaluate the effectiveness of the EMDS program.
1.2.5. To aid in better understanding of the use and concepts of EMDS, the
CONSULTANT shall assign a minimum of one physician to complete the
International Academies of Emergency Dispatch (IAED) 24-hour Emergency
Medical Dispatcher (EMD) course within 12 months of the start of the
Agreement.
1.3. Work with the Program Manager to develop, review, and maintain a continuous
quality improvement program (CQI) in clinical performance as required by the State
of California, as well as actively participate in agency continuous quality improvement
meetings. The CONSULTANT will evaluate the program plan and provide feedback
on suggested changes. Specific to this task, CONSULTANT may be asked to assist
in:
1.3.1. Determining appropriate levels of medical training have been received to
ensure competence of newly hired personnel.
1.3.2. Determining if existing and proposed County and agency-based concurrent
field and telecommunications evaluation processes can identify sub-optimal
performance.
1.3.3. Determining if existing and proposed County and agency-based continuing
education (CE) programs address agency needs for medical and
operational training for both communications and field personnel.
1.3.4. Determining if existing and proposed County and agency-based
retrospective review processes can determine the delivery of appropriate
pre-hospital medical care that is consistent with County and agency-based
protocols and procedures.
1.3.5. Developing a PIP (personal improvement plan) and/or medical
investigation, evaluation, and response, with Program Managers. The PIP
may include specific clinical time with a physician.
1.3.6. Ensuring that the EMS Program Manager is advised in all matters related to
the design and development of EMS quality management programs at the
regional and county level.
1.4. Provide medical oversight of EMS curriculum development and education, including
but not limited to:
1.4.1. Providing recommendations regarding adequacy of the EMS training
program and in-house Continuing Education activities and content.
1.4.2. Assisting with the design and implementation of the CE program in response
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to education and training needs. CONSULTANT will be used as an expert
resource in the development of CE programs and will ensure consistency
with emerging pre-hospital “standards of practice.”
1.4.3. Initiating recommendations, assisting with the development of EMS Training
Programs, and conducting in-service CE sessions.
1.4.4. Making recommendations regarding specific training programs being
considered or implemented.
1.4.5. Working with the program manager to develop a plan, and participate in,
training related to seldomly used skills and training related to the annual
updates released by the County EMS Agency
1.4.6. Working with the program manager to provide expert training and, as needed,
evaluation during the academy and accreditation process for newly hired
personal
1.4.7. Providing novel approaches to education to meet the CE needs of the agency
– for example online modules that can be delivered via online tracking
systems (such as Target Solutions) and in situational simulation and skills
training
1.5. Other related duties including, but not limited to:
1.5.1. Representing the Fire Department with the medical community to ensure
that the practices of the Agencies and personnel are satisfactorily meeting
treatment and operational policies.
1.5.2. Conducting new employee orientations, as needed, for agency personnel
relative to the Fire Department and Santa Clara County EMS program.
1.5.3. Providing medical input regarding personal protective equipment.
1.5.4. Working in conjunction with the Fire Department’s Program Manager to
evaluate the exposure risks that Firefighters are subjected to including cancer,
blood borne pathogens, and aerosol transmissible diseases.
1.6. CONSULTANT shall ensure a physician is available in accordance with a work
schedule approved by the EMS Program Manager. In addition, CONSULTANT shall
ensure a physician from the EMS group is on standby and able to be contacted via
cellular telephone, pager and/or e-mail 24 hours a day, 7 days a week for
consultation regarding afterhours infectious contact issues. CONSULTANT shall
provide the EMS Program Manager with a plan for the provision of physician
responsibilities if the agency’s primary physician contact is unavailable or unable to
perform the required duties. The plan shall include a list of alternates to call in the
event the designated physician does not respond within 45 minutes to an
emergency request or 90 minutes to a non-emergency request. For planned
absences, CONSULTANT shall arrange a specific contact from the list of alternates
to provide continuous medical direction.
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2 MINIMUM QUALIFICATIONS
2.1. The physicians assigned by the CONSULTANT are expected to possess and
maintain the following minimum professional licenses and qualifications:
2.1.1. Valid license to practice medicine in the State of California.
2.1.2. Be clinically active in Emergency Medicine.
2.1.3. Current board certification or a ctive participation in the examination
process leading to board certification in Emergency Medicine by the
American Board of Emergency Medicine or the American Osteopathic
Board of Emergency Medicine.
2.1.4. Preferred: Current board certification or active part icipation in the
examination process leading to subspecialty board certification in
Emergency Medical Services by the American Board of Emergency
Medicine
2.1.5. Successful completion of the Medical Directors’ Course presented by the
National Association of EMS Physicians (NAEMSP).
2.1.6. Minimum one (1) member of the physician group with successful
completion of the NAEMD EMD-Q Certification Course as presented by the
National Academy of Emergency Medical Dispatch, to be completed within
12 months of the start of the agreement.
2.1.7. Valid California Driver’s license.
2.1.8. Worker’s Compensation Insurance.
2.1.9. Liability insurance as required by the CITY.
2.2. CONSULTANT shall assign a minimum of 1 Physician meeting the minimum
qualifications listed in this section as point of contact (POC) for the CITY.
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EXHIBIT B
SCHEDULE OF PERFORMANCE
CONSULTANT shall complete the services as specified in EXHIBIT A, SCOPE OF SERVICES, within
the term of this Agreement in a reasonable and timely manner based upon the circumstances and
direction of the Program Manager.
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EXHIBIT C
SCHEDULE OF RATES
The compensation to be paid to CONSULTANT for Services performed as described in Exhibit "A" shall not
exceed $1,500.00 per month, total compensation shall not exceed $18,000.00 per year.
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