HomeMy WebLinkAbout10140Substituted Copy
March 28, 2022
ORDINANCE NO. 10140
AN ORDINANCE APPROVING A PROFESSIONAL SERVICES
AGREEMENT FOR FIRE DEPARTMENT MEDICAL DIRECTOR
BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND SOCO
MEDICAL DIRECTION PLLC WHO EMPLOYS MICHAEL
MANDRELL, M.D., AND AUTHORIZING THE MAYOR TO
EXECUTE SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO that:
SECTION 1.
The Professional Services Agreement for Fire Department Medical Director (“Agreement”)
between and Pueblo, a municipal corporation and SoCo Medical Direction PLLC, a Colorado
Professional Company attached hereto, having been approved as to form by the City Attorney, is
hereby approved.
SECTION 2.
The Mayor is hereby authorized to execute said Agreement for and on behalf of the City
and the City Clerk is authorized to affix the seal of the City thereto and attest same.
SECTION 3.
The officers and staff of the City are authorized to perform any and all acts consistent with
this Ordinance and the attached Agreement to implement the policies and procedures described
therein.
SECTION 4.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on March 14, 2022 .
Final adoption of Ordinance by City Council on March 28, 2022 .
President of City Council
Substituted Copy
March 28, 2022
Action by the Mayor:
☒ Approved on March 30, 2022 .
□ Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
Substituted Copy
March 28, 2022
City Clerk’s Office Item # R-8
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: March 14, 2022
TO: President Heather Graham and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Marisa Stoller, City Clerk
FROM: Barbara Huber, Fire Chief – Fire Department
SUBJECT: AN ORDINANCE APPROVING A PROFESSIONAL SERVICES
AGREEMENT FOR FIRE DEPARTMENT MEDICAL DIRECTOR
BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND SOCO
MEDICAL DIRECTION PLLC WHO EMPLOYS MICHAEL MANDRELL,
M.D., AND AUTHORIZING THE MAYOR TO EXECUTE SAME
SUMMARY:
This ordinance approves the selection of Michael Mandrell M.D., to act as the City of Pueblo Fire
Department Medical Director.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
In cooperation with AMR (American Medical Response) Pueblo County selected a new medical
director for the area.
FINANCIAL IMPLICATIONS:
The Medical Director will be compensated $950/mo for their services to the department.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
None.
Substituted Copy
March 28, 2022
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENT:
Agreement
AGREEMENT
THIS AGREEMENT is made and entered into this 28th day of March 2022 by and between
SoCO Medical Direction PLLC, a Colorado professional company organized pursuant to C.R.S. 12-
36-134 ("SoCO"), who employs Michael Mandrel!, M.D., a Colorado Emergency Medicine
Physician, hereinafter referred to as "MD" and the City of Pueblo, a Municipal Corporation,
hereinafter referred to as"AGENCY", who agree as follows:
RECITALS
1. MD is a licensed physicians who possesses all qualifications required by law to act as medical
director including all requirements and qualifications set forth in Chapter 2 of 6 CCR I 015-3,
Rules Pertaining to EMS Practice and Medical Director Oversight ("Rules").
2. AGENCY is an EMS Services Agency under the Rules.
AGREEMENTS
1. PHYSICIAN SERVICES
MD shall perform all duties as the medical director for Agency required or consistent with the
Rules,including but not limited to the following:
A. Trip Sheet Review: The MD shall perform trip sheet reviews on a monthly basis as the
Agency and MD see fit unless the trip sheet involves one of the following:
a. Transports during which advanced or waivered procedures are performed
b. Emergent returns
c. Refusals of transport
d. Deviations from protocol
e. Patient complaints
f. Behavioral issues
It is the Agency's responsibility to present in a timely manner these trip sheets to MD for
review.
B. Continuing Education In-Service: The MD shall provide periodically continuing education
in-services as requested. The date and topics will also be mutually agreed upon and scheduling
of the in-service will be announced to its members by the Agency.
C. Protocol Review: The MD will annually review Agency protocols and standing orders and
updated as needed.
D. Waivers: The MD will oversee the approval process and renewal process of any Colorado
EMS Medical Waivers that the Agency might have or create.The Agency will be responsible
for reporting data as outlines in the Waiver approval.
MD shall be responsible for the professional quality, timely completion and the coordination of
all services rendered by MD, including but not limited to reports, policies, and procedures, and
shall, without additional compensation promptly remedy and correct any errors, omissions, and
other deficiencies. MD represents that is has, or will secure at its own expense, all personnel
necessary to perform the services pursuant to this Agreement. All services shall be performed by
MD or under its supervision and all personnel engaged in performing said services shall be
qualified to do so.
2. COMPENSATION: Compensation for the above services shall be $950.00 per month, payable
on the first of each month to:
SoCO Medical Direction PLLC
740 Crestfield Grove
Colorado Springs,CO 80906
Email: michael.mandrell@gmail.com
Cell Phone: 503-975-0130
3. TERM: The term of this agreement shall be for one (1) year. This agreement may be terminated
by either party within ninety (90) days written notice to the other party. This agreement shall
automatically renew for successive one-year periods unless otherwise terminated.
4. INDEMNITY AND INSURANCE RESPONSIBILITIES:
A. SoCO shall assume all risk in connection with MD's performance of this Agreement and
shall be liable for any damages to persons or property resulting from the negligent or willful
acts, errors, or omissions of the MD, or any other agents, servants, and/or employees of
SoCO in connection with the prosecution and completion of the services under the
Agreement.The MD shall indemnify and hold Agency and its past,present and future elected
officials, officers, directors, agents, counsel and employees harmless from all claims of any
type and for any expenses and costs including attorney's fees and court costs which may be
incurred by the Agency arising from the negligent or willful acts, errors or omissions of the
MD, or any other of its agents, servants and/or employees in the performance of this
Agreement, and the SoCO will carry sufficient general liability insurance to provide the
above indemnification. The indemnities set forth herein shall survive the expiration or
termination of this Agreement.
B. SoCO,at its own expense, shall keep in full force and at all times maintain during the term of
this Agreement,Comprehensive General Liability Insurance issued by a responsible insurance
company and in a form acceptable to Agency, coverage for SoCO on an occurrence basis
against claims for bodily injury,death or property damage with combined single limits of not
less than One Million Dollars($1,000,000) for Bodily Injury and Property Damage. SoCO,
at its own expense, shall keep in force and at all times maintain during the term of this
Agreement Professional Liability coverage in the amount of not less than One Million Dollars
($1,000,000) per occurrence, three million dollars ($3,000,000) aggregate for errors and
omissions damages of MD. SoCO shall provide Agency with Certificates of Insurance on
such policies in forms
acceptable to the Agency,which Certificates will be furnished to the Agency upon execution
of this Agreement.The indemnities set forth herein shall survive the expiration or termination
of this Agreement. Further, SoCO shall name the Agency as an additional insured under such
insurance policies and shall furnish evidence of the same to the Agency.
C. SoCO shall comply with state and federal requirements pertaining to Workmen's
Compensation insurance and employee liability insurance. SoCO acknowledges that SoCO
and any employees are not entitled to unemployment insurance benefits from the Agency and
that the Agency will not pay for or otherwise provide such coverage to SoCO or any of its
employees.
5. MISCELLANEOUS PROVISIONS:
A. No Multi-year Fiscal Obligation on the Agency. This agreement is expressly made subject to
the limitation of the Colorado Constitution. Nothing herein shall constitute, nor deemed to
constitute, the creation of a debt or multi-year fiscal obligation or an obligation of future
appropriates by the Agency contrary to Article X, s 20 Colorado Constitution or any other
constitutional,statutory or charter debit limitation. Notwithstanding any other provision of this
agreement,with respect to any financial obligation of the Agency which may arise under this
agreement in any fiscal year after 2022,in the event the budge or other means of appropriations
for any such year fails to provide funds in sufficient amounts to discharge such obligation,such
failure shall not constitute a default or breach of this agreement, including any sub-agreement,
attachment,schedule,or exhibit thereto,by the Agency.
B. Relationship: The parties understand and agree that SoCO is an independent contractor and
is not an employee of Agency. As an independent contractor, SoCO nor MD is not entitled to
employee compensation or any employee benefits that Agency may provide to its employees.
C. Work Quality: SoCO warrants to Agency that all services will be provided in a timely and
professional manner in accordance with the reasonable standards of the profession.
D. Third Parties: This Agreement does not and shall not be deemed to confer upon any third party
any right to claim damages,to bring suit or other proceedings against either party hereto.
E. Assignment: This Agreement is for personal services predicated upon the special abilities or
knowledge of MD. This Agreement shall not be assigned by SoCO nor shall any employee
other than MD provide the physician services noted in above Section 1 without the prior
written consent of the Agency, which consent may be granted, denied, or conditioned in
Agency's sole and absolute discretion
F. Entire Agreement: This Agreement constitutes the entire agreement and understanding
between the parties and supersedes any prior agreement or understanding between the parties.
G. Modification: This Agreement may be modified or amended only by written instrument signed
by both parties hereto.
H. Law and Venue: The laws of the State of Colorado shall govern this Agreement and any
dispute concerning same that can't be resolved without litigation,venue shall be held in Pueblo
District Court.
I. Attorney Fees: If an action is brough to enforce this Agreement or for damages as a result of
breach of this Agreement,the prevailing party shall be entitled to reasonable attorney fees and
costs.
J. Authorization: Each party represents and warrants that it has the power and ability to enter
into this Agreement and that the person signing this Agreement has been authorized by the
party to sign on its behalf.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first
above written .
CITY OF PUEBLO,A MUNICIPAL SoCO Medical Direction PLLC
CORPORATION
By:,74.4ga./ -tey►e _ By: /
Mayor Mi ael Mandrell, M.D.
Sole Member of SoCO Medical Direction PLLC
Attest: (---�
City Clerk
[ SEAL]
BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE
AVAILABLE.
,251*1t .1' ( (
Director of Finance
APPROVED AS TO FORM:
1WL,ki 7.7711
City Attorney