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HomeMy WebLinkAbout2013-245 Agrmt - PSR Physician Services Agreement for Provision of Services of EMS Supervising Physician This Agreement is made on the date last written below by and between PSR Physician Services, an Oregon limited liability company ("Physician") and Ashland Fire & Rescue ("Agency'). Recitals A. Physician provides that Paul S. Rostykus, MD is licensed to practice medicine in the State of, and is qualified and approved as a Supervising Physician by the Oregon Health Authority per OAR 847-035-0020. B. Agency would like Physician to provide Supervising Physician services per OAR 847- 035-0025. C. All services hereunder shall be performed exclusively by Paul S. Rostykus, MD. Agreement 1.0 Scope of Services Physician shall perform the following services: (i) The duties of Supervising Physician as described in OAR 847-035-0025, including the ability to delegate responsibilities to the Agency as provided therein. (ii) Coordinate Agency activities with other EMS agencies in Jackson County. (iii) Evaluate and make recommendations concerning Agency's EMS training programs, equipment, and apparatus. (iv) Coordinate with Agency administration the implementation of disciplinary measures that would limit or modify an EMS provider's scope of practice or duties. 2.0 Term The term of this Agreement shall be one (1) year, commencing July 1, 2013 and ending June 30, 2014. Either party may terminate this Agreement at any time for any reason upon sixty (60) days advance written notice to the other. 3.0 Physician Insurance Physician shall maintain professional malpractice insurance with coverage limits of not less than one million dollars ($1,000,000.00). 4.0 Agency Duties Agency shall commit sufficient staff, resources, and other support to enable Physician to carry out its duties as Supervising Physician pursuant to OAR 847-035-0025 and other requirements of Oregon law, including, but not limited to: (1) Provision of a designated Agency liaison to provide single-point communication with the Agency and to help carry out the provisions of this Agreement. (ii) Provide means and support for documentation and record keeping to enable Physician to perform his duties hereunder. (iii) Provide timely response to the recommendations of Physician. (iv) Provide in-service training programs to help meet the recertification requirements of Agency's EMS providers. Page 1 - 2013-2014 Agreement for Provision of EMS Supervising Physician Services (v) Maintain an effective quality assurance program for Agency operations. (vi) Maintain professional malpractice insurance for Agency's EMS providers with coverage limits of not less than one million dollars ($1,000,000.00). 5.0 Compensation Agericy shall pay Physician $7,361 per year as compensation for the services performed under this Agreement. Payment shall be made no later than the 30th of September of the term of this Agreement, unless other arrangements have been mutually agreed to. 6.0 DEA Controlled Substances If Agency provides EMS care at the level of AEMT, EMT-Intermediate or Paramedic which involves the use of DEA (Drug Enforcement Administration) Controlled Substances, the Agency will obtain a DEA Registration in the name of Paul S. Rostykus, MD and will comply with all regulations and policies regarding Controlled Substance use. 7.0 Miscellaneous 7.1 Independent Contractor. Physician is an independent contractor and not an employee of Agency. 7.2 Assignment. This Agreement may not be assigned by either party. 7.3 Nonwaiver. Waiver by either party of strict performance of any provision of this Agreement shall not be a waiver of or prejudice the party's right to require strict performance of any other provision. 7.4 Attorney Fees. If suit or action or arbitration is instituted in connection with any controversy arising out of this Agreement, the prevailing party shall be entitled to recover in addition to costs such sums as the arbitrator or court may adjudge reasonable as attorney fees at trial, on petition for review, and on appeal. 7.5 Applicable Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the state of Oregon. Jurisdiction shall be in state or federal court in Jackson County, Oregon. Ashland Fire & Rescue By X,0, K".", Date / ( l l3 Title r-t R c_ CGIq (4t PSR Physician Services, an Oreg Limited Liability Company By Date Paul S. Rostykus, - Member Ind as to forrry Page 2 - 2013-2014 Agreement for Provision of EMS Supervising Physician Services PSR Physician Services, LLC 436 Grandview Drive Ashland, OR 97520 541 601-9709 drrostykus@jcems.net June 1, 2013 Ashland Fire & Rescue 455 Siskiyou Blvd. Ashland, OR 97520 John Karns, Enclosed are two copies of the Agreement for Provision of EMS Supervising Physician Services for Ashland Fire & Rescue for the 2013-2014 year. Please review this agreement, sign and return one copy to me. Changes for this year include Term, Compensation and new item 6.0 regarding DEA Controlled Substances. The total fee for Supervising Physician services by Paul S. Rostykus, MD, MPH for Ashland Fire & Rescue for the year July 1, 2013 through June 30, 2014 is $7,361 due by September 30, 2013. Please contact me if you have any questions. Thank you. Sincerely, law Paul S. Rostykus, MD, MPH EMS Supervising Physician Jackson County Ambulance and Fire Agencies CITY L Page 1 / 1 C I T Y OF CITY F~tC(~ M DATE PO NUMBER ASHLAND 7/10/2013 11689 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 VENDOR: 006381 SHIP TO: Ashland Fire Department 482-2770 PSR PHYSICIAN SERVICES, LLC, DR. PAUL ROSI (541 436 GRANDVIEW DR 455 5 AND, OU BLVD ASHLAND, OR 97520 ASHLLAND, OR 97520 FOB Point: Req. No.: Terms: Net 30 davs Dept.: Req. Del. Date: Contact: Greq Case Special Inst: Confirming? No. NO Quantity Unit Description Unit Price Ext. Price 1.00 Vr Ambulance Service EMS Medical Director 7,361.00 7,361.00 contract renewal SUBTOTAL 7.361.001 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 7,361.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 110.07.13.00.60415 7,361.00 VENDOR A thorized Signature COPY FORM#3 CITY OF -ASHLAND A rey.iesr.for Purchase Order 3 REQUISITION Date of request: Re Vendor Name PSR Physician Services LLC Address, City, State, zip 436 Grandview Drive , Ashland OR RECEIVED Contact Name & Telephone Number Fax Number Paul Rostykus MD 541- 601 9709 ~ ~U~ 3iF~ ZQj3 SOURCING METHOD >'ryj 5 t9N z ❑ Exempt from Competitive Bidding ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ra ❑ AMC 2.50 Date approved by Council: 4?" x aj,g ❑ Written quote or proposal attached ❑ Small Procurement Less than $5,00 0 ❑ Request for Proposal (Copies on file) ❑ Direct Award Date approved by Council: ❑ VerbalMritten quote(s) or proposal(s) Intermediate Procurement lR Sole Source f O - GOODS & SERVICES Ed Applicable Form (#5,6, 7 or 8) t r$5,000 to $100,000 Written quote or proposal attached L plltNr) Ay, ❑ (3) Written quotes and solicitation attached Form #4, Personal Services $5K to 75K Contr 1 PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Form #0, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Witten quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Dale) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost Item # Quantity Unit Description of MATERIALS Unit rice Total Cost TOTAL COST ❑ Per attached quotelproposal $ Project Number Account Number )/0-67.13•00.60i-'b Account Number Account Number 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: ITDirector Date Support -Yes/No By signing thisr ' ition f erlify that the City's public contracting requirements hay C been satisfied... Employee Signature: Department Head Signature: f ' l'•u1 kA_ t (Equal to or greater than $5,000) City Administrator: (Equal to or later than $25,000) Funds appropriated for current fiscal year: YE / NO ✓ hul ~s k. .'I - ( Fina c Director- (Equal lo orgreaterthan $5,000) Date Comments: , Form #3 - Requisition CITY OF FORM #4 ASHLAND DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 To: Dave Kanner, Public Contracting Officer From: John Karns, Fire Chief Ashland Fire & Rescue Date: 7/01/2013 Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES In accordance with AMC 2.50.120(A), for personal services contracts greater than $5,000, but less than $75,000, the Department Head shall make findings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. However, the City Attorney, the Public Contracting Officer, or Local Contract Review Board, can require a formal solicitation for bids to ensure that the purposes of this chapter are upheld. Background In accordance with the state of Oregon OAR 333-250-0047 Ashland Fire & Rescue is required to Ambulance Service EMS Medical Director Operational Requirements (1) The licensee must have a single EMS Medical Director except: (a) When the licensee operates in non-contiguous counties, then the licensee may have one EMS Medical Director in each non-contiguous county of operation; or (b) Where a county or regional EMS system prescribes that multiple agencies within a county or region must have a governmentally appointed EMS Medical Director, that agency may have a different EMS Medical Director in contiguous counties. In this event, the signed agreement or contract may be between the EMS Medical Director and the county or regional EMS system. Physician shall perform the following services: (i) The duties of Supervising Physician as described in OAR 847-035-0025, including the ability to delegate responsibilities to the Agency as provided therein. (ii) Coordinate Agency activities with other EMS agencies in Jackson County. (iii) Evaluate and make recommendations concerning Agency's EMS training programs, equipment, and apparatus. (iv) Coordinate with Agency administration the implementation of disciplinary measures that would limit or modify a First Responder or EMT's scope of practice or duties. Agency shall pay Physician $7,361 per year as compensation for the services performed under this Agreement. The term of this Agreement shall be one (1) year, commencing July 1, 2013 and ending June 30, 2014. Either party may terminate this Agreement at any time for any reason upon sixty (60) days advance written notice to the other. PaulS. Rostykus, MD who is licensed to practice medicine in the State of Oregon, and is qualified and approved as a Supervising Physician by the Board of Medical Examiners ('Board") pursuant to OAR 847-035-0020 Pursuant to AMC 2.50.120(A), has a reasonable inquiry been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel and resources to perform the services required under the proposed contract? Paul S. Rostykus, MD is the qualified and approved as a Supervising Physician for all of Jackson county and represents all three Ambulance Service Areas for the county. Paul S. Rostykus, MD is the sole provider of these services . Pursuant to AMC 2.50.120(A), has a reasonable inquiry been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel and resources to perform the services required under the proposed contract? [Provide clear and concise information to support this determination.] Form #4 - Department Head Determinations to Procure Personal Services, Page 2 of 2, 6/1012013 FORM #7 CITY OF ASHLAND SOLE-SOURCE DETERMINATION AND WRITTEN FINDINGS PERSONAL SERVICES Less than $75,000. To: Dave Kanner, Public Contracting Officer From: John Karns, Fire Chief Ashland Fire & Rescue Date: 7/01/2013 Re: Sole Source Determination and Written Findings for Personal Services In accordance with AMC 2.50.090(F), the Department Head shall determine in writing that there is only one provider of a product or service of the quality and type required available. Estimated total value of contract: $7,361 per year as compensation for the services performed under this Agreement. Project name: Supervising Physician Services Contract Description of project: Ambulance Service EMS Medical Director contract renewal. Background: In accordance with the state of Oregon OAR 333-250-0047 Ashland Fire & rescue is required to:- Have an Ambulance Service EMS Medical Director Operational Requirements (1) The licensee must have a single EMS Medical Director except: (a) When the licensee operates in non-contiguous counties, then the licensee may have one EMS Medical Director in each non-contiguous county of operation; or (b) Where a county or regional EMS system prescribes that multiple agencies within a county or region must have a governmentally appointed EMS Medical Director, that agency may have a different EMS Medical Director in contiguous counties. In this event, the signed agreement or contract may be between the EMS Medical. Director and the county or regional EMS system. Physician shall perform the following services: Form #7 - Sole Source -Personal Services - Less than $75,000, Page 1 of 3, 6/1012013 (i)The duties of Supervising Physician as described in OAR 847-035-0025, including the ability to delegate responsibilities to the Agency as provided therein. (ii} Coordinate Agency activities with other EMS agencies in Jackson County. (iii) Evaluate and make recommendations concerning Agency's EMS training programs, equipment, and apparatus. (iv} Coordinate with Agency administration the implementation of disciplinary measures that would limit or modify a First Responder or EMT's scope of practice or duties. Agency shall pay Physician $7,361 per year as compensation for the services performed under this Agreement. The term of this Agreement shall be one (1) year, commencing July 1, 2013 and ending June 30, 2014. Either party may terminate this Agreement at any time for any reason upon sixty (60) days advance written notice to the other. Paul S. Rostykus, MD who is licensed to practice medicine in the State of Oregon, and is qualified and approved as a Supervising Physician by the Board of Medical Examiners ("Board") pursuant to OAR 847-035-0020 Identify the prospective Contractor in your background statement.] Findings: [The findings below must include actual information supporting the determinationl. Market Research Overall finding: Paul S. Rostykus, MD is the qualified and approved as a Supervising Physician for all of Jackson county and represents all three Ambulance Service Areas for the county. Paul S. Rostykus, MD is the sole provider of these services . [In accordance with ORS 279B.075 these are the examples ofrIndings that should be addressed. Select at least one of the findings and prepare the determination as it specifically relates to the good or service being procured. More than one finding can be addressed. The rindinks are as follows. Pursuant to ORS 279B.075 (2)(a): Provide findings supporting your determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source. Paul S. Rostykus, MD is the qualified and approved as a Supervising Physician for all of Jackson County and represents all three Ambulance Service Areas for the county. Paul S. Rostykus, MD is the sole provider of these services. Pursuant to ORS 279B.075 (2)(b): Provide findings supporting your determination that the goods or services required for the exchange of software or data with other public or private agencies are available from only one source. Pursuant to ORS 27913.075 (2)(c): Provide findings supporting your determination that the goods or services are for use in a pilot or an experimental project. Form #7 - Sole Source -Personal Services - Less than $75,000, Page 2 of 3, 6/10/2013 Pursuant to ORS 27913.075 (2)(d): Any other findings that support the conclusion that the goods or services are available from only one source. Paul S. Rostykus, MD is the qualified and approved as a Supervising Physician for all of Jackson County and represents all three Ambulance Service Areas for the county. Paul S. Rostykus, MD is the sole provider of these services. Form #7 - Sole Source -Personal Services - Less than $75,000, Page 3 of 3, 6/10/2013