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HomeMy WebLinkAboutR-1993-023 DefibrillationRESOLUTION NO. R-93- 23 A RESOLUTION authorizing and directing the City Manager to contract for professional services with James Perez, M.D., as Physician Advisor for the Yakima Fire Department defibrillation program. WHEREAS, the City desires to retain the professional services of James Perez, M.D , to review defibrillation calls made by the Yakima Fire Department; and WHEREAS, James Perez, M.D., has indicated a willingness to continue the performance of such services; and WHEREAS, the City Council finds that it is in the best interests of the City of Yakima to continue to have such reviews made by a physician, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Cit) Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute a contract with James Perez, M.D , for the above-described purpose, a copy of which contract is attached and incorporated. ADOPTED BY THE CITY COUNCIL this day of t-- , 1993 A I I EST Mayor City Clerk res/perez sc CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT made J,474 -k-- CP2- , 1993, between the City of Yakima a municipal corporation organized and existing under the laws of the State of Washington, hereafter referred to as "the City," and Jim Perez, M.D., a licensed medical doctor employed by Yakima Emergency Physicians, Inc., P.S., Yakima, Washington. In consideration of the mutual promises set forth herein, it is agreed by and between the City and Dr Perez as follows: Section 1 Nature of Work Dr Perez will perform consulting and advisory services on behalf of the City with respect to review of the Yakima Fire Department defibrillation program. Part of such services will include a review of defibrillation tapes provided to Dr Perez. The purpose of Dr Perez's services is to assess the level of service provided by the Yakima Fire Department and to make suggestions for improvement of the same. All materials provided to Dr Perez, all materials developed by Dr Perez, and all conclusions reached by Dr Perez and conversations related to any such review shall all be considered confidential and remain undisclosed except to those persons designated by Fire Chief Gerald Beeson to review such information. Section 2* Place of Performance Dr Perez's services will be performed on City premises, as indicated by Fire Chief Beeson, and at any other locations upon the Fire Chief's request. All materials provided pursuant to this contract will remain on City premises. Section 3 Time of Performance In the performance of services, Dr Perez will promptly respond to any City request for services and will provide information by the time indicated by the appropriate City representative; otherwise, the hours during which Dr Perez performs the involved services will be entirely within his control It is contemplated that sufficient requests will be made that Dr Perez will make a minimum of three defibrillation reviews per quarter of the contract year There may be some N•leeks during which Dr. Perez will not perform any services at all or may be 'weeks during which many such reviews are needed. Section 4 Payment The City will pay Dr Perez the total sum of Nine Hundred Dollars and No/100 ($900.00), no later than December 31, 1993 This sum is considered to be the total of monthly payments for all months between the date of signature of this contract and the end -of -term date. In the event that Dr Perez is unable to render services through the end -of -term date, the amount of compensation will be reduced by such monthly payments as relate to the months for which Dr Perez has discontinued contract performance A monthly payment will be considered to be that sum which results from the division of the above- mentioned $900 00 by the number of months between the signing of this contract and the last day of Dr Perez's performance, with one month being Page 1 of 2 (1s)agr/perez sc • • considered completely upon passage of the first ten (10) days in the calendar month. Section 5 Duration This contract is expected to run from the date of signature through December 6, 1993 Prior to this latter date, the contract can end by mutual agreement of the parties, acknowledged in writing by Dr Perez and Fire Chief Beeson. Dr Perez may terminate his services upon thirty (30) days notice without cause. Section 6. Status of Performance This contract calls for the performance by Dr Perez as a consultant under the general rubric of "Physician Advisor " Dr Perez acknowledges that he is an independent contractor, not an employee of the City of Yakima for any purpose, and has no claim upon the City for his performance other than for the compensation due under this contract. Dr Perez expects to maintain his employment by Yakima Emergency Physicians, Inc , P S. throughout the duration of this contract. Dr Perez will maintain his licensing as a medical doctor throughout the duration of this contract. IN WITNESS WHEREOF, the parties have executed this contract at Yakima, Washington, on the day and year first above written. ATTEST itS City Clerk •,• ITY caNuatcr NO' C -cM STATE OF WASHINGTON .ss. County of Yakima On this Dead day of bet?-- , 1993, before me, the undersigned and Notary Public in and for the Sta of Washingt_op, duly commissioned and sworn, personally appeared .TivI.4 M .04 ' known to me to be the individual described in and who executed the within and foregoing instrument, and acknowledged that ‘,1 e._ signed the same as 10 is free and voluntary act and deed, for the uses and purposes therein mentioned. WITNESS by hand and official seal hereto affixed this day and year first written above. Page 2 of 2 Uslagr/perez.sc NOTA Y PUBLIC in and for the State of Washington, residing at ¥kima. My commission expires: c)--0-AS CITY OF YAKIMA RECEIVED OCT 01 1993 REQUEST FOR LEGAL OPINION CITY LEGAL DEPT. DATE OF REQUEST: REQUEST MADE BY: 9/27/93 Karen Roberts INSTRUCTIONS: Prepare and submit original only. Explain reason for request below. The questions should be stated as fully and in as precise terms as possible. All pertinent facts and any Code references should be set out, and such documents as are necessary should be attached. All requests must bear approval of the Department Head and submitted through the Finance Director to the City Manager before transmittal to the City Attorney. Steve Scott, Fire Dept. (575-6067) requested I obtain signatures for the attached agreement with Dr. Perez. I don't have authorization from Council for Dick and I to sign this agreement. The agreement previous to this expired in December 1992 and does not mention any option to extend this contract. Please prepare the appropriate legislation. Attached is a copy of the 1992 resolution and contract and the new contract. Route To: Initial Date Comments Department Head , Finance Director (Funding Source & Availability ` 1i? _ A , er City Manager �.. City Attorney Additional Com en s: HDBForm Legal Opinion 1 9/25/89