ORD 36324 - Contract with Theresa Hatcher MD pF b� r- �_
U�;4`„� s� Fire Department
, 8: j44 1516 Jackson Street
03 JU Omaha,Nebraska 68102-3110
o`f •Vh (402)444-5700
FAX(402)444-6378
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Cityof Omaha June 24,�(()03 !�, �v Ey: ? ti Robert C.Dahlquist
+ Fire Chief
Mike Fahey,Mayor
Honorable President
and Members of the City Council,
Because the Omaha Fire Department has 250 advance-life-support certified personnel, an
Assistant Medical Director is needed to assist the Medical Director in carrying out some of his
responsibilities.
The City of Omaha wishes to enter into an agreement with Theresa Hatcher, M.D., to provide the
services of Assistant Medical Director for the purpose of providing competent medical assistance
to the medical aspects of the City of Omaha Emergency Medical Care Service Program.
Attached please find an ordinance approving an agreement providing for services of Dr. Theresa
Hatcher, Omaha Fire Department Assistant Medical Director. This agreement will have a three-
year term commencing July 1, 2003, through and including June 30, 2006. The total amount of
compensation to be paid over the term of this agreement will be $24,000, which is $8,000 per
annum.
The Administration of the Omaha Fire Department recommends your favorable action on the
Ordinance approving the attached agreement.
espec ,ully submitte Referred to City Council for Consideration:
./eA,
_CA&A, e Y
R.bert C. Dahlquist Date Mayor's Office Date
Fire Chief
Approved as to Funding:
to�� _54943
Stanley P. Ti m Date
Finance Director
P:\OFD\13299maf.doc
� _ a
ORDINANCE NO.
AN ORDINANCE to approve a contract with Theresa Hatcher, M. D. to function as the
Assistant Medical Director of the emergency medical program, involving appropriations
of more than one year in conformity with Section 5.17 of the Home Rule Charter,
providing for the payment of the annual cost of$8,000 from a certain fund, total cost for
the three-year term being $24,000, and providing for the effective date.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That, as recommended by the Mayor, in conformity with Section 5.17 of the
Home Rule Charter, approval is hereby given to a contract, involving appropriations of more
than one year, with Theresa Hatcher, M. D. to function as the Assistant Medical Director of the
emergency medical program.
Section 2. That funds for this Contract, being annually the sum of$8,000, will be paid
from the Fire Department's budget, Fund 11111, Organization 114533 (Org. 114531 for years
2004, 2005, 2006).
Section 3. That this ordinance being administrative in character shall be in full force
and take effect immediately upon passage.
INTRODUCED BY COUNCILMEMBER
vW440%• APPROVED BY:
idgP1444
OF THE CI OF OMAHA DATE
PASSED JUL 1 5 2003 6-0 MAYOR ?//0-3
ATTEST:
1 D.3
CITY-OLERK OF="I`HE-CITY OF OMAHA D•TE
APPROVED AS TO FORM:
-//0-1
CITY ATTORNEY DATE
P:\OFDU 3300maf.doc /
•
CONTRACT
This Contract is entered into by and between the City of Omaha, a municipal corporation
in Douglas County, Nebraska, sometimes hereinafter referred to as "City", and Theresa Hatcher,
M.D., a medical doctor whose principal address is Alegent Health, Immanuel Medical Center,
6901 North 72 Street, Omaha, Nebraska 68122, sometimes hereinafter referred to as
"Independent Contractor".
RECITALS
WHEREAS, it is the desire of the City of Omaha to provide an approved emergency
medical care service program which entails an organized emergency medical response or
transportation unit, or both, which utilizes the services of persons certified as Emergency
Medical Technicians-AID, Emergency Medical Technicians-A, Emergency Medical
Technicians-P, and Emergency Medical Technicians-I, , and which has been approved by the
Nebraska Board of Advanced Emergency Medical Care; and the State of Nebraska Department
of Health; and,
WHEREAS, the Independent Contractor represents that she is a qualified physician
capable of providing competent medical assistance to the Medical Director of the medical aspect
of an approved Emergency Medical Care Service Program.
IN CONSIDERATION OF THESE MUTUAL COVENANTS, THE PARTIES AGREE
AS FOLLOWS:
I. GENERAL PROVISIONS
The Independent Contractor represents that she is an approved, licensed physician who
has an active role in the delivery of emergency medical care and that she shall be responsible for
providing competent medical assistance and, if necessary, the supervision of the medical aspects
of the City of Omaha Emergency Medical Care Service Program. The Independent Contractor
recognizes that her duties and responsibilities as assistant medical director shall include but not
be limited to the following:
A. Maintain liaison with other physicians in the community.
B. Assist the Medical Director and assure that required medical supplies and
equipment are available to the EMT-A's, EMT-A/D's, EMT-I's or EMT-P's;
C. Assist the Omaha Fire Department Medical Director when he is out of town or
unavailable.
D. Provide individual consultation to the EMT-A's, EMT-A/D's, EMT-I's or EMT-
P's;
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- E. Assist the Medical Director in the development and updating of written protocol
guidelines, in consonance with the Emergency Medical Services (EMS) System,
for all EMT-A, EMT-A/D, EMT-I or EMT-P; service programs in the region
where the service program medical director provides medical control of advanced
emergency medical care;
E.1. Assist in coordinating such approval with either the county medical
society or societies, or the physicians in the communities served by the
EMT-A, EMT-A/D, EMT-I or EMT-P approved service program.
F. Assist the Medical Director in monitoring, supervising physicians and physician
surrogates who are providing advanced emergency medical care instructions to
the EMT-A's, EMT-A/D's, EMT-I's or EMT-P's;
G. Assist the Medical Director in evaluating continually through questionnaires the
competency of each EMT-A, EMT-A/D, EMT-I or EMT-P employed by or acting
as a volunteer member of the service program to operate a recording
monitor/defibrillator, in accordance with subpart 010.04A.
II. SERVICE AGREEMENT
The Independent Contractor shall be expected to devote a minimum of two (2) hours per
week, fifty-two (52) weeks per year, to performing the services of this Contract. Included
therein shall be a weekly meeting with the EMS chief and meetings with paramedic shift
supervisors six (6) days per month. In addition, the Independent Contractor shall be available for
individual consultation with paramedics as necessary and shall supervise the continuing
education for EMT-Ns, EMT-A/D's, EMT-I's or EMT-P's.
The Independent Contractor will assist the Medical Director in developing and
overseeing a Quality Assurance Program, including yearly evaluation of all paramedics,
continuing review of treatment provided by paramedics, and evaluation of patient treatment in
coordination with the area hospital emergency department physicians.
The Independent Contractor shall assist the Medical Director in overseeing and making
recommendations regarding the infectious disease control policy in coordination with the Omaha
Fire Department Infectious Disease Control Officer.
The Independent Contractor shall work closely with the Omaha Fire Department training
staff to identify educational goals and to insure that the requirements of continuing education are
met.
III. FEE
The City agrees to pay the sum of eight thousand dollars ($8,000.00) per annum for the
full and complete performance of the terms of this Contract, said sum to paid in equal quarterly
payments commencing July 1, 2003, it being understood that if, during the term of this
Agreement, the Contract is terminated for cause, payment shall be prorated to date of
termination.
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- IV. TERM OF AGREEMENT
This Contract shall commence July 1, 2003, and remain in full force and effect until
June 30, 2006.
V. FURTHER PROVISIONS OF THE AGREEMENT
A. EQUAL EMPLOYMENT CLAUSE
Annexed hereto as Exhibit "A" and made a part hereof by reference are the equal
employment provisions of this Contract. Refusal by the Individual Contractor or
any subcontractor to comply with any portion of this program as therein stated
and described will subject the offending party to any or all of the following
penalties:
1. Withholding of all future payments under the involved contracts to the
Individual Contractor in violation until it is determined that The Individual
Contractor or subcontractor is in compliance with the provisions of the
Contract;
2. Refusal of all future bids for any contracts with the City or any of its
departments or divisions until such time as The Individual Contractor or
subcontractor demonstrates that he has established and shall carry out the
policies of the program as herein outlined.
B. NONDISCRIMINATION
The Individual Contractor shall not, in the performance of this Contract,
discriminate or permit discrimination in violation of federal or state laws or local
ordinances because of race, color, sex, age, political or religious opinions,
affiliations or national origin.
C. CAPTIONS
Captions used in this Contract are for convenience and are not used in the
construction of this Contract.
D. APPLICABLE LAW
Parties to this Contract shall conform with all existing and applicable city
ordinances, resolutions, state laws, federal laws, and all existing and applicable
rules and regulations. Nebraska law will govern the terms and the performance
under this Contract.
E. INTEREST OF THE CITY
Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any
officer or employee of the City shall have a financial interest, direct or indirect, in
any City contract. Any violation of this section with the knowledge of the person
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or corporation contracting with the City shall render the Contract voidable by the
Mayor or Council.
F. INTEREST OF THE CONTRACTOR
The Individual Contractor covenants that he presently has no interest and shall not
acquire any interest, direct or indirect, which would conflict with the performance
of services required to be performed under this Contract; he further covenants that
in the performance of this Contract, no person having any such interest shall be
employed.
G. MERGER
This Contract shall not be merged into any other oral or written contract, lease or
deed of any type. This is the complete and full agreement of the parties.
H. MODIFICATION
This Contract contains the entire agreement of the parties. No representations
were made or relied upon by either party other than those that are expressly set
forth herein. No agent, employee or other representative of either party is
empowered to alter any of the terms hereof unless done in writing and signed by
an authorized officer of the respective parties.
APPROVAL OF AMENDMENTS
The parties hereto acknowledge that, as of the date of the execution of this
agreement, Section 10-142 of the Omaha Municipal Code; provides as follows:
Any amendment to contracts or purchases which taken' alone increases the
original bid price as awarded (a) by ten percent, if the original bid price is one
hundred fifty thousand dollars ($150,000) or more, or (b)by seventy-five
thousand dollars ($75,000) or more, shall be approved by the City Council in
advance of the acceptance of any purchase in excess of such limits or the
authorization of any additional work in excess of such limits. However, neither
contract nor purchase amendments will be split to avoid advance approval of the
City Council.
The originally approved scope and primary features of a contract or purchase will
not be significantly revised as a result of amendments not approved in advance by
the City Council. The provisions of this Section will be quoted in all future City
contracts. Nothing in this Section is intended to alter the authority of the Mayor
under Section 5.16 of the City Charter to approve immediate purchases.
J. ASSIGNMENT
The Individual Contractor may not assign his rights under this Contract without
the express prior written consent of the City.
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K. STRICT COMPLIANCE
All provisions of this Contract and each and every document that shall be attached
shall be strictly complied with as written, and no substitution or change shall be
made except upon written direction from an authorized representative.
VI. AUTHORIZED REPRESENTATIVE
In further consideration of the mutual covenants herein contained, the parties hereto
expressly agree that for purposes of notice, including legal service of process, during the term of
this Contract and for the period of any applicable statute of limitations thereafter, the following
named individuals shall be the authorized representatives of the parties:
A. City of Omaha
Fire Chief
Omaha Fire Department
1516 Jackson Street
Omaha,Nebraska 68102
B. Dr. Theresa Hatcher
Alegent Health--Immanuel Medical Center
6901 N. 72 Street
Omaha,Nebraska 68122
EXECUTED this/U day of , 03.
ATTEST: THE SA HATCHER, M.D., Independent
(LIi
B ��
Theres Hatcher, M.D.
EXECUTED this/a day of , 2003.
ATTEST: CITY OF OMAHA, a municipal corporation,
By I L
Du•
`ity Clerk of the City of Omaha Mike Fahey, Ma or
— APPROVED AS TO FORM:
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P:\OFD\13301maf.doc DE CITY ATTORNEY
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EXHIBIT "A"
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor shall not discriminate against any employee or applicant for employment
because of race, religion, color, sex, national origin, or disability as defined by the
Americans With Disabilities Act of 1990 and Omaha Municipal Code 13-82. The
Contractor shall take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, religion, color, sex
or national origin. The Contractor shall take all actions necessary to comply with the
Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13)
including, but not limited to, reasonable accommodation. As used herein, the word
"treated" shall mean and include, without limitation, the following: Recruited, whether
advertising or by other means; compensated; selected for training, including
apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and
terminated. The Contractor agrees to and shall post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting
officers setting forth the provisions of this nondiscrimination clause.
(2) The Contractor shall, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicant's will receive consideration for
employment without regard to race, religion, color, sex, national origin, or disability as
recognized under 42 USCS 12101 et seq.
(3) The Contractor shall send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding a notice advising
the labor union or worker's representative of the Contractor's commitments under the
Equal Employment Opportunity Clause of the City and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(4) The Contractor shall furnish to the contract compliance officer all federal forms
containing the information and reports required by the federal government for federal
contracts under federal rules and regulations, and including the information required by
Sections 10-192 to 10-194, inclusive, and shall permit reasonable access to his records.
Records accessible to the Contract Compliance Officer shall be those which are related to
Paragraphs (1) through (7) of this subsection and only after reasonable notice is given the
Contractor. The purpose for this provision is to provide for investigation to ascertain
compliance with the program provided for herein.
(5) The Contractor shall take such actions with respect to any subcontractor as the City may
direct as a means of enforcing the provisions of Paragraphs (1) through (7) herein,
including penalties and sanctions for noncompliance; however, in the event the
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Contractor becomes involved in or is threatened with litigation as the result of such
directions by the City, the City will enter into such litigation as necessary to protect the
interests of the City and to
effectuate the provisions of this division; and in the case of contracts receiving federal
assistance, the Contractor or the City may request the United States to enter into such
litigation to protect the interests of the United States.
(6) The Contractor shall file and shall cause his subcontractors, if any, to file compliance
reports with the Contractor in the same form and to the(same extent as required by the
federal government for federal contracts under federal rules and regulations. Such
compliance reports shall be filed with the Contract Compliance Officer. Compliance
reports filed at such times as directed shall contain information as to the employment
practices,policies, programs and statistics of the Contractor and his subcontractors.
(7) The Contractor shall include the provisions of Paragraphs (1) through (7) of this Section,
"Equal Employment Opportunity Clause", and Section 10-193 in every subcontract or
purchase order so that such provisions will be binding upon each subcontractor or vendor.
P:\OFD\1 1423f.doc
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Brown, Buster (CCIk) •
From: Portland, Phyllis (OmaF)
Sent: Wednesday, August 06, 2003 3:14 PM
To: Brown, Buster (CCIk)
Subject: Dr. Theresa Hatcher's Address
As we discussed over the phone today; her address was listed as Alegent Health-Immanuel. She often practices there but
also at many other hospitals. Her medical licenses have her home address which is what should be in the contract.
It is: 101 Martin Drive West, Bellevue, NE 68005
Thanks!
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'NOTICE TO PUBLIC- THE DAILY RECORD
The following Ordinance has been set for
City Council hearing on July 1, 2003, at OF Oj�irraiica
M A H/,
2:00 o'clock p.m., in the Legislative
Chambers, Street,
at las Civic Ce all RONALD A. HENNINGSEN, Publisher
1819 Farnam Street, at which hearing all
persons interested,mayo d. PROOF OF PUBLICATION
AN ORDINANCE to approve a contract
with Theresa Hatcher, M.D., to function as
the Assistant Medical Director of the •
emergency medical. program, involving UNITED STATES OF AMERICA,
appropriations of more than one year in
conformity with Section 5.17 of the Home The State of Nebraska, SS.
Rule Charter, providing for the payment of District of Nebraska,
the annual cost of E8,000 from a certain
fund, total cost for the three-year term being County of Douglas,
524,000, and providing for the effective date. City of Omaha,
BUSTER BROWN,
6 27-03 City Clerk
LYNDA K. HENNINGSEN
being duly sworn,deposes and says that she is
ASSOCIATE PUBLISHER
of THE DAILY RECORD, of Omaha, a legal newspaper,printed and
published daily in the English language, having a bona fide paid
circulation in Douglas County in excess of 300 copies, printed in
Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
June 27, 2003
} r,tiir• -. .er during that time was regularly published and
• >pr, a'��+ k •t r.., the Coun of DouglJ , tate of Nebraska.
�rr•'G�NER,q�'••.•'Q 'is
re �
t NOTARY It 0, ub ribed in my presence and swo to before
' ACP 41:331ON 1. M 27th
sher ut efl�ES$ % me this day of
A P i 1 June 03
t,ditiluA Copies • i 20
cW
OF PLEB Notary c *figlas_County,
tate of Nebraska
r • — —
THE DAILY RECORD
ORDINANCE
"NOTICE TO PUBLIC"` OF OMAHA
ORDINANCE NO.36324
• AN ORDINANCE to•approve a contract
with Theresa Hatcher, M.D.,'to function as RONALD A. HENNINGSEN, Publisher
the Assistant Me dical Director of the PROOF OF PUBLICATION
emergency- Gnedical program, involving
appropriations' of more than one year in
conitrity ith`ection 5.17 of the Home
Rule rt rowdfng oP e°payment of UNITED STATES OF AMERICA,
the, nn _ cot $8, frcim "'"certain
fund,,t t aoit■fo'the three_o sr tom tiding The State of Nebraska,
$24;5A„' nd f3rd0idh 'forthe effective date. SS.
SUMMARY: � District of Nebraska,
•A • r's R auslA`NHalCEIto yr eve ya'contract County of Douglas,
wah ' "cheri• MWD.,'to function as Cityof
the rssistant Medical'-•Director of the Omaha,A
emergency medical program, involving
appropriations of more than one year in LYNDA K. HENNINGSEN
conformity with Section 5.17 of the Home
Rule Charter, providing for the payment of being duly sworn,deposes and says that she is
the annual' cost of $8,000 from a certain
fund, total•cost for the three-year term being
$24,000, and providing for the effective.date. ASSOCIATE PUBLISHER
PASSED: July 15, 2003, 5-0
APPROVED BY: of THE DAILY RECORD, of Omaha, a legal newspaper,printed and
MIKE FAHEY 7/18/03
MAYOR OF THE published daily in the English language, having a bona fide paid
CITY OF OMAHA circulation in Douglas County in excess of 300 copies, printed in
BUSTER BROWN,
City Clerk Omaha,in said County of Douglas,for more than fifty-two weeks last
7.23-03 past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
July 23 , 2003
That sai r . • ..0.aper during that time was regularly published and
in ge ram;:�i .�.t '`;. 'r the County f Douglas, d jtate of Nebraska.
; Q�GEN ERA%VIP l lb
i �: 11 Subsc din my presence and sw to before
i
!f l�li
l ‘er's Fee 4$ 2 G1 me this 2 3 Y day of
V C. .N
A.^diti�inal Copies -$ a Jul 20 0 3
f s�
•.
f 'Total 2(NSi i i
tAb Notary a or ,9 nlSylFOF NE?:'‘‘
ate of Nebraska