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HomeMy WebLinkAbout2000-145 Agrmt - Dr RoskykusAgreement for Provision of Services of EMT 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 City of Ashland ("Agency"). Recitals Physician employs 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. Physician represents that Paul S. Rostykus, MD is (i) currently licensed to practice medicine under ORS Chapter 677 and is actively registered and in good standing with the Board; (ii) is currently engaged in the practice of medicine; (iii) is a resident of and is actively practicing in the area in which the emergency service is located; (iv) possesses the knowledge of skills assigned by standing order to Emergency Medical Technicians and First Responders as defined at Oregon law; and (v) possesses thorough knowledge of laws and rules of the State of Oregon pertaining to Emergency Medical Technicians and First Responders as required by Oregon law. Agency would like to employ Physician to perform services as the Supervising Physician pursuant to OAR 847-035-0020. 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 a First Responder or EMT's scope of practice or duties. Page ! - 2000-2001 Agreement for Provision of Services of EMT Supervising Physician 2.0' Term The term of this Agreement shall be one (1) year, commencing July 1, 2000 and ending June 30, 2001. 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: (i) 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 First Responders and EMTs. {v) Maintain an effective quality assurance program for Agency operations. (vi) Maintain professional malpractice for Agency's First Responders and EMTs with coverage limits of not less than one million dollars ($1,000,000.00). 5.0 Compensation Agency shall pay Physician $2,699.94 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 Miscellaneous 6.1 Independent Contractor. Physician is an independent contractor and not an employee of Agency. Page 2 - 2000-2001 Agreement for Prevision of Services of EMT Supervising Physician 6.2 Indemnity 6.2.1 Physician. Agency shall indemnify, defend, and hold Physician harmless for, from and against all causes of action, obligations, damages, penalties, subrogations, loss, claims, costs, charges, expenses, and other liabilities that may be imposed on or incurred by or asserted against Physician (including any loss or damage to property, or injury or damage or death of any kind to person) arising from or in any way connected with the acts or omissions of Agency (including its employees, managers, agents, and volunteers) or any failure of Agency to perform or comply with any provision of this Agreement (other than the negligent or willful acts of Physician). 6.2.2 Agency. Physician shall indemnify, defend, and hold Agency harmless for, from and against all causes of action, obligations, damages, penalties, subrogations, loss, claims, costs, charges, expenses, and other liabilities that may be imposed on or incurred by or asserted against Agency (including any loss or damage to property, or injury or damage or death of any kind to person) arising from or in any way connected with the acts or omissions of Physician or any failure of Physician to perform or comply with any provision of this Agreement (other than the negligent or willful acts of Agency). 6.3 Assignment. This Agreement may not be assigned by either party. 6.4 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. 6.6 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. 6.6 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. City of Ashland PSR Physician/~ervices, an Oregon Limited Liability Company ~~:' Date By Paul ~;. Rostykus, MD - Member Page 3 - 2000-2001 Agreement for Provision of Services of EMT Supervising Physician PSR Physician Services, LLC 132 8th Street, Ashland, OR 97520 541-482-2824 sherpa~mind.net June 13, 2000 Ashland Fire & Rescue 455 Siskiyou Blvd. Ashland, OR 97520 Keith Woodley, Enclosed are two copies of the Agreement for Provision of Services of EMT Supervising Physician for your agency for the 2000-2001 year. Please review this agreement, sign and return one copy to me. Please contact me if you have any questions. Thank you. Sincerely, Paul S. Rostykus, MD, MPH Supervising Physician , CITY OF ASHLAND 20 E. MAIN ST. ~ ASHLAND, OR 97520 VENDOR: 000832 ROSTYKUS, DR. PAUL 132 8TH STREET ASHLAND. OR 97520 SHIP TO: 01390 Ashland Fire Department (541) 482-2770 455 SISKIYOU BLVD ASHLAND. OR 97520 FOB Point: Terms: Net 30 days Req. Del, Date: Special Inst: Req, No.: Dept.: FIRE & RESCUE Comem: Keith Woodley Confirming? N Personal Services Contract Quemity Um't Dea~-L'flption Unit Pdce Ext, prl~e BLANKET PURCHASE ORDER EMT Supervising Physi.~an for 2000-2001 2~6~,94 Personal Services Contract 06/15/2000 Compensation for services shall be paid ~o:la~e~ ~:~en September 30, 2000 :. :. · . ~UBTOTA1 2,699.9~ BILl TO: Account Payable TAX . O( 20 EAST MAIN ST F~EmGHT .0( 541-552-2010 TOTAL 2,699.9z ASHLAND OR 97520 .Ao~ou~:NUmberi: i AmOunt E 110.07.13.00.604150 2,699.94 ~urchasing Representative VENDOR COPY