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
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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
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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.
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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
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City Attorney
Additional Com en s:
HDBForm
Legal Opinion 1
9/25/89