HomeMy WebLinkAboutEMS Medica lDirector Oshkosh Fire/ BayCare Clinic 2024DocuSign Envelope ID: B8C1C3A4-ABEO-4105-AFFF-6CA712F34781
OSHKOSH FIRE DEPARTMENT — BAYCARE CLINIC, LLP
EMERGENCY MEDICAL SERVICES MEDICAL DIRECTOR AGREEMENT
This agreement shall be effective February 1, 2024. In consideration of the mutual benefits and promises
described below, the parties, Oshkosh Fire Department (hereinafter the "SERVICE") and BayCare Clinic, LLP
(hereinafter the "COMPANY"), hereby agree as follows:
1. SERVICE hereby engages COMPANY for Kerry Ahrens, M.D. (hereinafter the "DIRECTOR"), to serve
as its Medical Director for the purpose of guidance in SERVICE's provision of Emergency Medical
Services to its residents and inhabitants. Director shall perform all acts and duties required in conformity
with Wisconsin Statutes Chapter 256 and Wisconsin Administrative Code Chapter DHS 110.
This agreement shall commence on February 1, 2024, and continue for one (1) year (hereinafter the
"Term"). The Term shall automatically renew at the end of each calendar year for successive one-year
periods ("Renewal Term"). Either party may terminate this agreement for any reason with sixty (60) days'
written notice to the other. This agreement may also be terminated by either party immediately following
thirty (30) days written notice to the other in the event of a breach and failure of the breaching party to
cure said breach within the thirty (30) day notice period.
3. This agreement supersedes all prior agreements and amendments related to the subject matter herein
entered into between COMPANY and SERVICE, verbal or written.
4. In addition to the requirements set forth in the aforementioned statutory and administrative code
sections, DIRECTOR shall perform the following duties:
a) Provide medical direction to SERVICE in all matters relating to Emergency Medical
Services (hereinafter "EMS").
b) Coordinate EMS between SERVICE, participating hospitals and hospital staff, including
receiving emergency department physicians in SERVICE's EMS system, state and local
governmental agencies, and other necessary entity.
c) Provide SERVICE with quality assurance initiatives, to include, without limitation,
periodic reviews of SERVICE's EMS responses, critique, and commentary of same in a
timely fashion and any other feedback necessary for the purpose of maintaining a medically
acceptable level of EMS care.
5. In addition to meeting all requirements set forth in the aforementioned statutory and administrative
code sections, SERVICE shall perform the following duties:
a) Comply with all state and local EMS protocols.
b) Abide by all orders, regulations, restrictions, and protocols of DIRECTOR or his designees.
6. DIRECTOR shall provide approximately seventy-five (75) to one hundred twenty (120) hours of service
annually. In exchange for the services rendered by DIRECTOR the SERVICE agrees to make an annual
payment of Twenty Thousand Dollars ($20,000) during each term of this Agreement. COMPANY shall
invoice SERVICE for the annual payment which is due on February I` of each year.
7. SERVICE and DIRECTOR shall maintain their own separate policies of professional liability
insurance, and neither shall be required to consider or list the other as an "additional insured" on such
policies.
DocuSign Envelope ID: B8C1C3A4-ABEO-4105-AFFF-6CA712F34781
8. SERVICE explicitly agrees to hold harmless, indemnify, and defend DIRECTOR, from and against
any claims alleging negligence or other wrongdoing, in whole or in part, by SERVICE.
9. DIRECTOR explicitly agrees to hold harmless, indemnify, and defend SERVICE from and against
any claims alleging negligence or other wrongdoing solely on the part of DIRECTOR.
10. The parties are independent contractors. No party is authorized or permitted to act as an agent or
employee of any other. Nothing in this Agreement is intended nor shall be construed to create an
employer/employee relationship, partnership, or joint venture relationship or to allow any party to
exercise control or direction over the manner or method by which any party provides services to
patients. All services shall be performed in accordance with all applicable medical standards and the
terms and conditions of this Agreement.
11. Nothing in this agreement is intended as a waiver of the City of Oshkosh's right or opportunity to rely
upon the municipal limitations and immunities contained within Wisconsin law. Municipal immunities
and limitations include, but are not limited to, Wisconsin Statutes Sections 345.05, 893.80, and 893.83.
Such damage limits, caps, and immunities are intended to be preserved and are incorporated into this
agreement and shall govern all disputes, contractual or otherwise, as they apply to the municipality
and its agents, officers, and employees.
12. This Agreement constitutes the entire agreement among the parties. No change to the terms of this
Agreement will be effective or enforceable unless such change shall be in writing and signed by the
parties hereto.
BAYCARE CLINIC, LLP
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Ashwani Bha i .D., Chief Executive Officer
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Date
KERRY AHRENS, M.D.
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Kerry Ahrens, M.D.
1/26/2024 1 11:20 AM CST
Date
OSHKOSH FIRE DEPARTMENT
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Signature
Chief Mike Stanley
Print Name
1/26/2024 1 10:27 AM CST
Date
DocuSign Envelope ID: B8C1C3A4-ABEO-4105-AFFF-6CA712F34781
Oshkosh Fire Department
Signature:
Name & Title: Mark Rohloff, City Manager
Date:
1/25/2024 1 5:32 PM CST
Signature:
Name & Title: Diane Bartlett, City Clerk
Date: 1/26/2024 1 10:06 AM CST
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Signature:
Name & Title: Michael G. Stanley, Fire Chief
Date:
1/26/2024 1 10:27 AM CST
Signature:
Name & Title: Lynn A. Lorenson, City Attorney
Date: 1/26/2024 1 10:49 AM CST