HomeMy WebLinkAboutResolution No. R24-55A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
SIGN AN INDEPENDENT CONTRACTOR SERVICE CONTRACT WITH DR.
JEDEDIAH WALKER FOR THE MEDICAL DIRECTOR POSITION FOR THE
LAUREL AMBULANCE SERVICE.
BE IT RESOLVED by the City Council of the City of Laurel, Montana:
Section 1: Approval. The Independent Contractor Service Contract between the City of
Laurel and Dr. Jedediall Walker for the Medical Director position with the Laurel Ambulance
Service, a copy attached hereto, is hereby approved.
Section 2: Execution. The Mayor and City Clerk of the City of Laurel are hereby given
authority to execute said Contract on behalf of the City.
Introduced at a regular meeting of the City Council on July 23, 2024, by Council Member
Sparks.
PASSED and ADOPTED by the City Council of the City of Laurel, Montana, this 23 d day
of July, 2024.
APPROVED by the Mayor this 23rd day of July, 2024.
R24-55 Authorize Ambulance Medical Director ICSC
C OF LAUTL
David Waggoner, MAy6r
This Contract is made and entered into this 23rd day of July, 2024, between the City of Laurel,
a municipal corporation organized and existing under the laws of the State of Montana whose address
is P.O. Box 10, Laurel, Montana 59044, hereinafter referred to as "City" and Dr. Jedediah Walker,
whose address is 6287 Canyonwoods Drive, Billings, MT 59106, hereinafter referred to as
"Contractor".
SECTION ONE
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A. Purpose. City shall hire Contractor as an independent contractor to perform medical director duties
for City as described by the State of Montana Board of Medical Examiners.
B. Effective Date and Term. The term of this contract is for one year. The contract will automatically
renew for one year periods upon expiration unless either party terminates the contract pursuant to the
provisions of Section Nine herein.
C. Scope of Work. Contractor shall perform his/her work and provide services in accordance with the
specifications and requirements of this contract.
SECTION Two
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Payment. City shall pay Contractor Two Thousand Five Hundred Dollars and No Cents ($2,500.00)
per quarter to provide medical director services to the City. Any alteration or deviation from the
described work that involves extra costs must be executed only upon written request by the City to
Contractor and will become an extra charge over and above the contract amount. The parties must agree
to extra payments or charges in writing.
SECTION THREE
CITY'S RESPONSIBILITIES
The City shall pay Contractor the quarterly sum pursuant to Section Two by the 15th of every fourth
month. City shall pay Contractor the full quarterly cost, plus any additional work or services beyond
those services in Section One, if agreed upon in writing by both parties.
SECTION FOUR
CONTRACTOR'S WARRANTIES AND RESPONSIBILITIES
Independent Contractor Status. The parties agree that Contractor is an independent contractor for
purposes of this contract and is not to be considered an employee of the City for any purpose hereunder.
Contractor is not subject to the terms and provisions of the City's personnel policies or handbook and
shall not be considered a City employee for workers' compensation or any other purpose. Contractor
is not authorized to represent the City or otherwise bind the City in any dealings, agreements or sub-
contracts in any dealings between Contractor and any third parties. The City is interested solely in the
results of this contract. Contractor is solely responsible for all work and work product under this
contract, including techniques, sequences, procedures, and means. Contractor shall supervise and direct
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the work to the best of his/her ability.
SECTION
INDEMNITY, INSURANCE AND PERFORMANCE Bolt,
Contractor shall indemnify, defend and save City, its officers, agents and employees harmless from any
and all losses, damage and liability occasioned by, growing out of, or in any way arising or resulting
from any intentional or negligent act on the part of Contractor or its agents or employees.
Contractor shall comply with all federal, state, local laws, ordinances, rules and regulations. Contractor
shall either possess a City business license or shall purchase one, if a City Code requires a business
license.
Contractor agrees that any hiring of persons as a result of this contract must be on the basis of merit and
qualification and further that Contractor shall not discriminate on the basis of race, color, religion, creed,
political ideas, sex, age, marital status, physical or mental disability or national origin.
SECTION EIGHT
DEFAULT
If either party fails to comply with any term or condition of this Contract at the time or in the manner
provided for, the other party may, at its option, terminate this Contract and be released from all
obligations if the default is not cured within ten (10) days after written notice is provided to the
defaulting party. Said notice shall set forth the items to be cured. Additionally, the non -defaulting party
may bring suit for damages, specific performance, and any other remedy provided by law except for
punitive damages. The Parties hereby waive their respective claims for punitive damages. These
remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others.
Notices shall be provided in writing and hand -delivered or mailed to the parties at the addresses set
forth in the first paragraph of this Contract.
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Either party may terminate the contract for their convenience upon thirty days written notice sent
postage prepaid, to the addresses provided herein.
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SECTION TEN
GOVERNING ► DISPUTE RESOLUTION
The Parties agree that the laws of the State of Montana govern this Contract. The Parties agree that
venue is proper within the Courts of Yellowstone County, Montana. If a dispute arises, the Parties,
through a representative{s} with full authority to settle a dispute, shall meet and attempt to negotiate a
resolution of the dispute in good faith no later than ten business days after the dispute arises. If
negotiations fail, the Parties may utilize a third party mediator and equally share the costs of the
mediator or file suit.
If any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the
successful party, in addition to all sums that either is ordered to pay, a reasonable sum for the successful
party's attorney's fees and all costs charges and expenses related to the action.
This contract contains the entire agreement and understanding of the parties and supersedes any and all
prior negotiations or understandings relating to this project. This contract shall not be modified,
amended, or changed in any respect except through a written document signed by each party's
authorized respective agents.
SECTION THIRTEEN
ASSIGNMENT OF RIGHTS
The rights of each party under this Contract are personal to that party and may not be assigned or
transferred to any other person, firm, corporation, or other entity without the prior, express, and written
consent of the other party.
SECTION FOURTEEN
SEVERABILITY
Each provision, section; or subsection of this Contract shall stand separate and independent of every
other. In the event that a court of competent jurisdiction shall find any provision, section, or subsection
of this contract to be invalid, the remaining provisions, sections, and subsections of this contract shall
remain in full force and effect.
SECTION FIFTEEN
PARAGRAPH HEADINGS
The titles to the paragraphs of this contract are solely for the convenience of the parties and shall not be
used to explain, simplify, or aid in the interpretation of the provisions of this agreement.
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C-l'-IY OF LAUREL
David Waggoner, M�yo
ATTEST:
X,dljyStieeker, City Clerk/Treasure-r-
RAACTOR
A
TY OF LAUREL
A L-14 C11-�
David Waggoner, M
ATTEST:
� truer, ity Clerk/Treasurer
Dr. Jedediah Walker