HomeMy WebLinkAbout04292 - RYAN HAROLD EMS MO6740 . Ryan Harold
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EMS Coordinator
AGREEMENT #4292
M06740, 11-1-00
CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT FOR
EMERGENCY MEDICAL SERVICE COORDINATOR- (ALS)
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and
entered into this 1 st day of November, 2000 by and between the CITY OF PALM SPRINGS, a
municipal corporation, (herein "City") and RYAN HAROLD (herein "Contractor").
NOW, THEREFORE, the parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services.
In compliance with all of the terms and conditions of this Agreement, the Contractor shall
perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A"
and incorporated herein by reference. Contractor warrants that all work and services set forth in
the Scope of Services will be performed in a competent,professional and satisfactory manner.
1.2 Compliance With Law.
All work and services rendered hereunder shall be provided in accordance with all
ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local
governmental agency of competent jurisdiction.
13 Licenses, Permits. Fees and Assessments
Contractor shall obtain at its sole cost and expense such licenses, permits and approvals
as may be required by law for the performance of the services required by this Agreement.
2.0 COMPENSATION
2.1 Contract Sum.
For the services rendered pursuant to this Agreement, Contractor shall be compensated in
accordance with the "Schedule of Compensation" attached hereto as Exhibit "B" and
incorporated herein by this reference, but not exceeding the maximum contract amount of Fifteen
Thousand Dollars ($15,000) ("Contract Sum") per fiscal year.
2.2 Method of Payment.
Provided that Contractor is not in default under the terms of this Agreement, Contractor
shall be paid monthly by check.
2761099999-9000 CONTRACT SVCS AGR
6367C01 ANmo -1 of 10- WITH RYAN HAROLD
3.0 COORDINATION OF WORK
3.1 Representative of Contractor.
RYAN HAROLD is hereby designated as being the principal and representative of
Contractor authorized to act in its behalf with respect to the work and services specified herein
and make all decisions in connection therewith.
3.2 Contract Officer.
The Fire Chief is hereby designated as being the representative the City authorized to act
in its behalf with respect to the work and services specified herein and make all decisions in
connection therewith ("Contract Officer"). The City Manager of City shall have the right to
designate another Contract Officer by providing written notice to Contractor.
3.3 Prohibition Against Subcontracting or Assignment.
Contractor shall not contract with any entity to perform in whole or in part the work or
services required hereunder without the express written approval of the City. Neither this
Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of
law, without the prior written approval of City. Any such prohibited assignment or transfer shall
be void.
3.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode
or means by which Contractor, its agents or employees, perform the services required herein,
except as otherwise set forth. Contractor shall perform all services required herein as an ;
independent contractor of City and shall remain under only such obligations as are consistent
with that role. Contractor shall not at any time or in any manner represent that it or any of its
agents or employees are agents or employees of City.
4.0 INSURANCE AND INDEMNIFICATION
4.1 Insurance.
The Contractor shall procure and maintain, reimbursable by the CITY, in a form and
content satisfactory to City, during the entire term of this Agreement including any extension
thereof, the following policies of insurance:
(a) Comprehensive General Liability Insurance.
A policy of comprehensive general liability insurance written on a per occurrence basis in
an amount not less than either (i) a combined single limit of$500,000.00 or (ii) bodily injury
limits of $250,000.00 per person, $500,000.00 per occurrence and $500,000.00 products and
completed operations and property damage limits of $100,000.00 per occurrence and
$100,000.00 in the aggregate.
276/099999-8000 CONTRACT SVCS AGR
63674 01 AMOO -2 of 10- WITH RYAN HAROLD
(b) Worker's Compensation Insurance.
It is not anticipated that the Contractor will have employees, but if employees are
retained by Contractor: A policy of worker's compensation insurance in such amount as will
fully comply with the laws of the State of California and which shall indemnify, insure and
provide legal defense for both the Contractor and the City against any loss, claim or damage
arising from any injuries or occupational diseases occurring to any worker employed by or any
persons retained by the Contractor in the course of carrying out the work or services
contemplated in this Agreement.
(c) Automotive Insurance.
A policy of comprehensive automobile liability insurance written on a per occurrence
basis in an amount not less than either (i) bodily injury liability limits of$250,000.00 per person
and $500,000.00 per occurrence and property damage liability limits of $100,000.00 per
occurrence and $250,000.00 in the aggregate or (ii) combined single limit liability of
$500,000.00. Said policy shall include coverage for owned, non-owned, leased and lured cars.
All of the above policies of insurance shall be primary insurance and shall name the City,
its officers, employees and agents as additional insureds. The insurer shall waive all rights of
subrogation and contribution it may have against the City, its officers, employees and agents and
their respective insurers. All of said policies of insurance shall provide that said insurance may
not be amended or canceled without providing thirty (30) days prior written notice by registered
mail to the City. In the event any of said policies of insurance are canceled, the Contractor shall,
prior to the cancellation date, submit new evidence of insurance in conformance with this
Section 4.1 to the Contract Officer. No work or services under this Agreement shall commence
until the Contractor has provided the City with Certificates of Insurance or appropriate insurance
binders evidencing the above insurance coverages and said Certificates of Insurance or binders
are approved by the City. The differential cost of such insurance above the Contractor's personal
insurance is eligible for reimbursement by the City.
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY
SHALL MAIL THIRTY (30)-DAY ADVANCE WRITTEN NOTICE TO
CERTIFICATE HOLDER NAMED HEREIN.
[to be initialed]
Agent Initials
The Contractor agrees that the provisions of this Section 4.1 shall not be construed as
limiting in any way the extent to which the Contractor may be held responsible for the payment
of damages to any persons or property resulting from the Contractor's activities or the activities
of any person or persons for which the Contractor is otherwise responsible.
276/099999-8000 CONTRACT SVCS AGR
63674 01 AMOO -3 of 10- WITH RYAN HAROLD
The insurance required by this Agreement shall be satisfactory only if issued by
companies qualified to do business in California, rated "A" or better in the most recent edition of
Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a
financial category Class VII or better, unless such requirements are waived by the Risk Manager
of the City due to unique circuinstances.
4.2 Indemnification.
Contractor agrees to indemnify the City, its officers, agents and employees against, and
will hold and save them and each of them harmless from, any and all actions, suits, claims,
damages to persons or property, losses, costs, penalties, obligations, errors, omissions or
liabilities, including paying any legal costs, attorneys fees, or paying any judgment (herein
"claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of
or in connection with the negligent performance of the work or services of Contractor, its agents,
employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or
omissions of Contractor hereunder, or arising from Contractor's negligent performance of or
failure to perform any term, provision covenant or condition of this Agreement, but excluding
such claims or liabilities to the extent caused by the negligence or willful misconduct of the City.
5.0 TERM
5.1 Term.
Unless earlier terminated in accordance with Section 5.3 below, this Agreement shall
continue in full force and effect until June 30, 2006.
5.2 Termination Prior to Expiration of Term
3'
Either party may terminate this Agreement at any time, with or without cause, upon thirty
(30) days' written notice to the other party. Upon receipt of the notice of termination, the
Contractor shall immediately cease all work or services hereunder except as may be specifically
approved by the Contract Officer. In the event of termination by the City, Contractor shall be
entitled to compensation for all services rendered prior to the effectiveness of the notice of
termination and for such additional services specifically authorized by the Contract Officer and
City shall be entitled to reimbursement for any compensation paid in excess of the services
rendered.
6.0 MISCELLANEOUS
6.1 Covenant Against Discrimination
Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, marital status,
national origin, or ancestry in the performance of this Agreement. Contractor shall take
affirmative action to ensure that applicants are employed and that employees are treated during
employment without regard to their race, color, creed, religion, sex, marital status, national
origin or ancestry.
10 09 00 9940 -4 Of 10- CONTRACT SVCS AGR
636
WITH RYAN HAROLD_
6.2 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Contractor or to its successor, or for breach of any obligation of the terms
of this Agreement.
6.3 Conflict of Interest.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which effects his financial interest or the financial interest of any corporation,
partnership or association in which he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Contractor warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
6.4 Notice.
Any notice, demand, request, document, consent, approval, or communication either
party desires or is required to give to the other party or any other person shall be in writing and
either served personally or sent by prepaid, first-class mail, in the case of the City, to the City
Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box
2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the
address designated on the execution page of this Agreement.
6.5 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the +
language used and shall not be construed for or against either party by reason of the authorship
of this Agreement or any other rule of construction which might otherwise apply.
6.6 Integration: Amendment
It is understood that there are no oral agreements between the parties hereto affecting this
Agreement and this Agreement supersedes and cancels any and all previous negotiations,
arrangements, agreements and understandings, if any, between the parties, and none shall be
used to interpret this Agreement. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing.
6.7 Severability.
In the event that part of this Agreement shall be declared invalid or unenforceable by a
valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability
shall not affect any of the remaining portions of this Agreement which are hereby declared as
severable and shall be interpreted to carry out the intent of the parties hereunder unless the
invalid provision is so material that its invalidity deprives either party of the basic benefit of their
bargain or renders this Agreement meaningless.
276/099999-8000 CONTRACT SVCS AGR
63674.01 AM00 -5 of 10- WITH RYAN HAROLD
6.8 Waiver.
No delay or omission in the exercise of any right or remedy by a nondefaulting party on
any default shall impair such right or remedy or be construed as a waiver. A party's consent to or
approval of any act by the other party requiring the party's consent or approval shall not be
deemed to waive or render unnecessary the other party's consent to or approval of any
subsequent act. Any waiver by either parry of any default must be in writing and shall not be a
waiver of any other default concerning the same or any other provision of this Agreement.
6.9 Attomeys' Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to
judgment.
6.10 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound.
END-SIGNATURE PAGE FOLLOWS i
276/099999-8000 CONTRACT SVCS AGR
63674 01 AM00 -6 of 10- WITH RYAN HAROLD
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as
of the date first written above.
CITY:
CITY OF PALM SPRINGS,
a municipal corporation
City Manager
Ity Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
Citytt rney
CONTRACTOR:
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Address: (e 1p g �-� , ti} C--,
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END of SIGNATURES]
276/099999-8000 CONTRACT SVCS AGR
63674.01 AMOO -7 of 10- WITH RYAN HAROLD
EXHIBIT "A"
SCOPE OF SERVICES
The EMS Coordinator will provide services including; but not limited to the following:
• Complete the orientation and accreditation process for all Fire Department personnel entering
the Palm Springs Fire Department first responder Advanced Life Support (ALS) Program.
• Provide requested information to the Fire Department Administration regarding the progress
of all paramedic personnel involved with the Program.
• Maintain separate files on each Fire Department personnel, as it relates to ALS.
• Review 100% of the Patient Care Report (PCR) forms for the purpose of maintaining Quality
Assurance/Improvement objectives as filed with the Riverside County EMS Agency.
• Maintain and audit all forms related to controlled substances (verification, usage, and
incident reports).
• Upon written request, provide the Riverside County EMS Agency any PCR or patient care
data for the purposes of data management, quality improvement, or system issues.
Performance of this will be coordinated with the Fire Department Administration.
• Work in conjunction with the Pre-Hospital Liaison Nurse, and Clinical Manager for
American Medical Response (AMR) to provide field care audits, system changes, and
protocol updates for all Fire Department paramedics.
• Offer ALS and BLS continuing education classes, structured for Fire Department purposes,
but open to any EMS personnel.
• Complete semi-annual field observation (ride-a-longs) with Fire Department paramedics.
Observations will be documented in writing, and maintained in personnel files.
• Provide an annual skills refresher course for all Fire Department paramedics.
• When requested, conduct quality assessment reviews as outlined in Policy #2200 of the
Riverside County EMS Agency Protocol, Policy, and Procedure manuals.
• Perform an annual audit on all sets of the Riverside County EMS Agency Protocol, Policy,
and Procedure manuals maintained by the Fire Department. This would include a bi-annual
audit of the manuals held by the paramedics.
EXHIBIT"A" (Page I of 2)
276/099999-8000 TO CONTRACT SVCS AGR
63674.01 AM00 -8 of 10- WITH RYAN HAROLD
• When requested, attend meetings, seminars, and continuing education classes that will
enhance delivery of EMS to Palm Springs.
• Perform other EMS related services, not specifically contained herein, as requested by the
Fire Chief or lusher designee.
[Enm—EXI IBIT"A"]
Y'
276/099999-8000 CONTRACT SVCS AGR
63674 01.AMOO -9 of 10- WITH RYAN HAROLD
EXHIBIT 'B"
SCHEDULE OF COMPENSATION
• The Contractor shall be compensated for services rendered under Exhibit "A", Scope of
Services, at an hourly rate of$25.00 per hour. Such hourly rate shall be reviewed annually
by the City and the Contractor. Based upon satisfactory performance by the Contractor, the
hourly rate may be adjusted annually, based upon the CPI (National).
• Certain fees and premiums are eligible for reimbursement to the Contractor by the City as
outlined in Section 4.0. The Contractor must invoice the City separately for reimbursement.
Any differential increased cost for such insurance outlined in 4.1(c) to the Contractors base
automobile insurance must be documented by the insurance agent and attached to the
invoice.
• City agrees to reimburse Contractor for supplies, conference registration, travel cost, etc. on
a case-by-case basis and with prior written approval by the City.
[END—EXHIBIT'B
EXHIBIT'B"(Page I of 1)
276/099999-R000 TO CONTRACT SVCS AGR
63674.01 AMoO -10 of 10- WITH RYAN HAROLD
DEC-12-2000 TUE 01105 F11 DAVIS & GRAEBER INS SVCS FAX N0, 909 798 6988 P. 02
ACORD, CERTIF C OF LIABILITY INSURA E °ATE`""°°""
12/12/2000
A'W
PRODUCER (909)793-2373 FAX (909)798-6983 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION
Davis & Graeber Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
470 E. Highland Ave. ALTER THE COVERAGE AFFORDED DY THE POLICIES BELOW.
P.O. Box 40
Redlands, CA 92373 INSURERS AFFORDING COVERAGE
INSURED Harold, Ryan NSUNERAI Travelers Indemnity Co. of I1li.11D_is
6708 Hunt Street RNsuneR B.
Riverside, CA 92S06 INSURER C:
INSURER D: fl
INSURER E:
COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH'HIS CERTIFICATE VAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS CF SUCH
POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INS1L POLICY EFFECT/ U EMFIRATION
LTR TYPE OF INSVRANCR POLICYNUMBER OATS MMIDDO'Y DATE IMM/DnfYYI LIMITS
GENERAL LIABILITY 690387D39841-IL00 11/08/2000 11/08/2001 EACH OCCURRENCE S 1.000.000
X COMMERCIAL CtNERAL LIAR LITY FIRE DAMAGE(Any one few) S 300 OD_
CLAIMS MADE aOCCUR NED EXP(My.rw Person) S S.00
A PERSONAL&ADV INJURY $ 1,0001000
_ GENERALAGGPECATE S 21000,0001
GEN'LAGORECATELIM:TAPPLIESPER: PRADIIDTS•DOMPICPASS S 2,000,00
POLICY JECOT w LOG
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
ANY AUTO (EA Ac d") S
ALL OWNED AUTOS SODILYINJURY
SCHEDULEDAUTOG (PH Demon) i
HIRED AUTOS RMLY INJURY
NONOWNCO AUTOS (Per Accidenp S
PROPERTYDAMACE S
(Per eooaBnl
(SAUCE LIABILITY AUTO ONLY-EA ACCIDENT S
ANYAUTO OTHER THAN GACC S
AUTO ONLY: AGO S
EXCESSSIARILITY EACH OCCURRENCE 3
OCCUR CLAIMS MADE AGGRECATE 3
S
DEDUCTIBLE S
RETENTION II S
WORKERS COMPENSATION AND TORY LRNTS RR
EMPLOYENS'LIABILITY
E L.EACH ACCIDENT S
E.L.DISEASE-FA EMPLOYE S
E.L.DISEASE.POMY LIMIT S
OTHER
DESCRIPTION DF OPERATIONSILOCATIONSA/EHIOLESIEXCLUSIOtI3 APOED BY ENDORBEMENTIWC-CIAL PROVISIONS
ertificate holder is additional insured per the attached form issued by the company.
CERTIFICATE HOLDER I lAODITiONALlN3URED{INSWERLErTER:-- CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE 133VINO COMPANYWLL ENDEAVOR TO MAIL
City of Palm Springs �! „-DAYS WRITTEN NOTICE TO THE CERTIHCATE HOLDER NAMED TO THE LEFF,
Nancy BUY FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
P,O. BOX 3000 OF ANY RIND UPON THE COMPANY,ITS AG ENT$ON REPRESENTATIVES,
Palm Springs, CA 92262 AUTHORRED REPRESENTATIVE
Ross ]ones SLO
ACORD 25-5(7197) 6UCORD CORPORATION 1984
DEO-12-2000 TUE 01 :06 FN DAVIS & CRAEEER INS SVCS FAX N0, 909 798 0983 P. 03
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: I-680-3970398-4-TIL-00 ISSUE DATE: 12-01-ao
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED PERSON
OR ORGANIZATION
This endorsement modifies Insurance provided under the following-
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of person or organization:
CITY OF PALM SPRINGS
P.Q. BOX $000
PALM SPRINGS CA 92262
WHO IS AN INSURED (Section II) Is amended to Include as an insured the person or organization shown in the
Schedule as an insured but only with respect to liability arising out of your acts or omissions
CG T4 91 11 88 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1
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