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HomeMy WebLinkAboutContracts & Agreements_71-1995_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT This Agreement is made and entered into this 19th day of September, 1995 by and between the City of Redlands, a municipal corporation (hereinafter "City") and Dr. Phong Nguyen, an individual, (hereinafter "Contractor"), RECITALS WHEREAS, Contractor has expressed an interest in providing Medical Director services to City which generally consist of the review and provision of input into the development of all City operational policies and procedures that impact patient care, and "EREAS,Contractor has represented to City that it has the requisite experience, special knowledge and expertise similar to other professionals in the industry to provide such Medical Director services; NOW, THEREFORE, in consideration of the mutual promises contained herein,the City of Redlands and Dr. Phong Nguyen hereby agree as follows: AGREEMENT Section 1. Services. City hereby engages Contractor to provide Medical Director services to City as more fully set forth in Exhibit "A," attached hereto and incorporated herein by this reference. Contractor shall determine the method, details and means of performing the above- described services and shall advise City of the same prior to commencing any activities under this Agreement. Contractor further agrees to perform such services to the best of its ability and in an efficient, safe and competent manner. Section 2. Payment for Services. As compensation for Contractor's services hereunder, City shall pay Contractor at the rate of Twenty-Four($24.00)dollars per hour, exclusive of"ride-along" time, for each hour of services provided by contractor,* provided, however, such payment shall not exceed the sum of five thousand ($5,000) dollars for any consecutive twelve month period. Section 3. Independent Contractor. It is the express intention of the parties hereto that Contractor is an independent contractor and not an employee or agent of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing a relationship of employer and employee between Contractor and City. Both parties acknowledge and agree that Contractor is not an employee of City for State tax, Federal tax or any other purpose. Section 4. Contractor's Employees. A listing of all Contractor's employees and agents who may participate in the performance of Contractor's obligations hereunder is attached hereto as Exhibit "B" and incorporated herein by this reference. No other employees or agents of Contractor shall participate in the performance of services hereunder without the prior written consent of City. DJM6511,E Section 5. Business License. Contractor shall obtain a City of Redlands business license as a pre-condition of performing the services required hereunder. Section 6. Termination. City shall have the right to terminate this Agreement, with or without cause, upon ten(10) days prior written notice to Contractor. Section 7. City Indemnity. Contractor shall defend, indemniA, and hold City, its elected officials, officers, employees and agents harmless from and against any and all actions, damages, losses, causes of action and liability imposed or claimed relating to the injury or death of any person or damage to any property, including attorney's fees and other legal expenses, arising directly or indirectly from any act or omission of Contractor in performing its services hereunder. Section 8. Contractor Indemnity City shall defend, indemnify and hold Contractor harmless from and against any and all actions, damages, losses, causes of action and liability imposed or claimed relating to the injury or death of any , person or damage to any property,including attorneys' fees and other legal expenses, arising directly or indirectly from any negligent act or omission of City in connection with this Agreement. Section 9. Entire Agreement/Modification. This Agreement represents the entire Agreement of the parties hereto as to the matters contained herein. Any modification of this Agreement shall be effective only if it is in writing and signed by the parties hereto. Section 10. Assignment. This Agreement shall not be assigned without the prior written consent of City. Any assignment,or attempted assignment,without such prior consent, shall be null and void and, at the option of City, result in the immediate termination of this Agreement. Section 11. Insurance. Contractor shall obtain and maintain during the term of this Agreement,all insurance required by this Section and shall submit to City Certificates of Insurance evidencing the fact that such insurance is in force prior to Contractor performing any services under this Agreement. Acceptance of the Certificates of Insurance by City shall not relieve Contractor of any of the insurance requirements contained herein, nor decrease the liability of Contractor. (a) Workers' compensation and employer's liability insurance in the State required statutory amounts. I (b) Comprehensive automobile and general liability insurance in amounts not less than $500,000 for each. Such insurance shall not be cancelled unless thirty (30)days prior written notice is provided to City. (c) City shall be named as an additional insured on all policies and such insurance shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by City. DJM651 LE Section 12. Attorneys' Fees. In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement the prevailing party shall, in addition to any costs or other relief,be entitled to recover its reasonable attorneys' fees. CITY OF REDLANDS Date October 17, 1995 wen Larson, Mayor ATTEST rri Poy . lerko2 Date Contractor DA,165ILE (7N EXHIBIT "A" TITLE: MEDICAL DIRECTOR REPORTS TO: EMERGENCY SERVICES BATTALION CHIEF Overview The Medical Director is responsible for reviewing and providing input into the development of all operational policies and procedures that directly or indirectly impact patient care. Specific Responsibilities The Medical Director is: I Responsible for the evaluation of City operational policies and procedures to determine if they may have any negative impact on patient care or expose the City to unreasonable risk or medical malpractice; and recommends the suspension of any operational policy or procedure that has not been reviewed and approved and which poses a risk to patients or personnel. 2. Responsible for providing input into the development of capital and operating budgets, staff scheduling and deployment of system resources, and dispatch management. 3. Responsible for the design and administration of a comprehensive quality improvement and assurance (quality management) program that monitors and corrects clinical and operational variance. Specific to this responsibility,the Medical Director is responsible for determining: a. That newly hired personnel have appropriate levels of medical training to ensure medical competence in both field and telecommunications capacities; b. That existing and proposed City and other agency-based concurrent field and telecommunications evaluation processes are capable of identifying sub- optimal performance. Relative to the execution of this responsibility, the Medical Director is responsible for the design and execution of routine prehospital morbidity and mortality research; C. That existing and proposed City and other agency-based continuing medical education programs address City needs for medical and operational training for both telecommunications and field personnel; d. That existing and proposed City and other agency-based retrospective review processes are capable of determining the delivery, of appropriate prehospital medical care that is consistent with City and other agency-based protocols DJM651LE (-A and procedures. 4. Has responsibility to recommend temporary suspension of personnel from performing medical responsibilities when such suspension is deemed necessary to protect patients and the City from unreasonable risk or injury. Responsible for providing input into disciplinary actions that have medical considerations. 6. Responsible for routinely meeting with the medical community to ensure that the practices of the City and its personnel are satisfactorily meeting their needs relative to treatment and operational policies. 7. Has responsibility and authority to assume medical command role in patient treatment sector of disasters or mass casualty situations(when available to respond). DJM651LE