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HomeMy WebLinkAboutR-94-0070S it r „». ,• f 1 J-94-107 2/8/94 94- 70 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT(S) AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MEDICAL `. PRIORITY CONSULTANTS, INC., AT A COST NOT TO EXCEED $70,000, TO IMPLEMENT THE MEDICAL ' PRIORITY DISPATCH SYSTEM IN THE DEPARTMENT OF FIRE -RESCUE, COMMUNICATIONS SECTION; f ALLOCATING FUNDS THEREFOR, IN THE AMOUNT OF $70,000, FROM THE ENHANCED 9-1-1 PROJECT NO. 196002, INDEX CODE NO. 290461-340. i WHEREAS, the Department of Fire -Rescue is upgrading its emergency medical call taking and dispatching procedures to meet current national minimum standards for Emergency Medical Dispatching Centers; and WHEREAS, a properly implemented comprehensive Medical f Priority Dispatching System ("MPDS") will maximize the efficiency of human and material resources in the provision of quality, effective and safe patient care; and WHEREAS, Medical Priority Consultants, Inc., have followed National Practice Standards as published by standard -setting agencies such as: National Association of EMS Physicians, American Society for Testing and Materials, American College of Emergency Physicians, and the United States Department of Transportation; and WHEREAS, the implementation process provided by Medical Priority Consultants, Inc., will include Quality Assurance } 1 ' Process Setup, Refresher Training, Initial Protocol a . Implementation, Response Implementation and Pro Quality Assurance installation; and WHEREAS, funds, in the amount of $70,000, to cover the necessary expenses required for this Implementation Process are available from the Enhanced 9-1-1 Project No. 196002, Index Code No. 290461-340; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to execute an agreement, in substantially the attached form, with Medical Priority Consultants, Inc., at a cost not to 'exceed $70,000, to provide the implementation of the Medical Priority Dispatch System in the Department of Fire -Rescue, Communications Section, at a cost not to exceed $70,000, with funds therefor, in an amount not to exceed $70,000, hereby allocated from the Enhanced 9-1-1 Project No. 196002, Index Code No. 290461-340. Section 3. This Resolution shall become effective immediately upon its adoption. 17thA of February 1994. PASSED AND ADOPTED this EN P. CLA MAYOR ATT MATTY HIRAI CITY CLERK BUDGETA REIE CA N R DIRECTOR ICE DEPARTMENT BUDGETARY REVIEW: C . N ` DIRECTOR DEPARTMENT F FIRE -RESCUE PREPARED AND APPROVED BY: RAF L'0. DItATTOR DEP TY CITY N APPROVED AS RM AND CORRECTNESS: 11 L� A.Q N 0_ES, 04- '70 -3- Comprehensive Advanced Medical Priority Dispatch System ("MPDS") Training,Licensure, Implementation & Maintenance CONSULTING AGREEMENT by and between: City of Miami Fire, Rescue & Inspection Services Department and Medical Priority Consultants, Inc., a corporation duly incorporated in the State of Utah and located in Salt Lake City WHEREAS, the City of Miami Fire, Rescue & Inspection Services Department (hereafter "the DEPARTMENT") seeks to provide efficient, effective and comprehensive medical priority dispatch services to its citizens; and WHEREAS, the Department has invited Medical Priority Consultants, Inc. (hereafter "CONTRACTOR") to provide certain services to the DEPARTMENT for the purpose of helping the DEPARTMENT provide such efficient, effective, and comprehensive medical priority dispatch services and, in response to such invitation, CONTRACTOR has submitted a comprehensive implementation plan and definition of Work and Services to provide such comprehensive medical priority dispatch services to the DEPARTMENT, - which is attached hereto and made part of as Exhibit "A" to this Agreement; and WHEREAS, CONTRACTOR's services are professional and noncompetitive in nature; and WHEREAS, CONTRACTOR is a skilled and experienced consulting firm specializing in medical priority dispatching services, and has developed the Medical Priority Dispatch System (MPDS), including the development,design, implementation, operation and maintenance of MPDS Protocols; the training of personnel in the proper use of such systems and protocols; the implementation of comprehensive Quality Assurance Programs and the establishment of Oversight Committees and Training Networks to maintain competent medical dispatching personnel; the administration of a national -level professional certification program for EMDs and in the development and implementation of advanced and improved MPDS Protocols on a timely basis; NOW, THEREFORE, for and in consideration of the Compensation, and of the Terms and Conditions of this Agreement, the undersigned Parties hereby mutually agree as follows: V jV 94- 70 li\ A JVjK%i X%LU 1 A 1 AwI l.a Interpretation. Whenever used in this Agreement or in the Exhibits to this.Agreement the following terms shall, when capitalized, be used as defined terms and shall have the defined meaning specified below: i) EMD: Emergency Medical Dispatcher ii) EULA: End User License Agreements (and their accompanying Policies and Procedures), whereby CONTRACTOR licenses end -users to use its "MPDS Protocol Cards" and "MPDS Software" (both as defined hereafter). As used in this Agreement the term EULA refers to both end -user license agreements between the DEPARTMENT and CONTRACTOR, whether for cards or software. iii) MPDS: CONTRACTOR's Comprehensive Medical Priority Dispatch System". in whatever language, form or format it may exist including, without limitation, "MPDS Protocols," "MPDS Protocol Cards" and "MPDS Software" (all as defined hereafter); together with its related programs for EMD Training and certification, Quality Assurance and Risk Management iv) MPDS Protocol Cards: The manual version of the MPDS Protocols (as defined hereafter) in whatever edition it may exist, printed on cards and provided with a flip file. The current edition of the MPDS Protocol Cards is the Advanced MPDS' v) MPDS Software: The computerized version of the MPDS Protocols and quality assurance modules in whatever edition it may exist, consisting of software Programs on whatever media they may be encoded. The current edition of the MPDS software is the MPDS ProQA Software. vi) MPDS Protocols: An organized system of Key Questions, Response Determinants, Treatment Sequence Protocols, 94- 70 viii) Work and Services: �. The specific obligations of CONTRACTOR specified in exhibit A to this Agreement. Lb Exhibits. The following Exhibits, which will be referred to herein as indicated immediately below, are attached to and made part of this Agreement by this reference: i) Exhibit A: Comprehensive Implementation Plan for the WDS and Definition of Contractor's Work and Services ii) Exhibit B: Disbursement of Contractor's Compensation iii) Exhibit C: Schedule and Payment Summary for the WDS Implementation Plan iv) Exhibit D: The EULA for WDS ProQA Software and its accompanying Policies and Procedures for WDS use and maintenance under the EULA SECTION 2. DEFINITION OF TASKS & ALLOCATION OF COMPENSATION. 2.a Fees. In consideration of aggregate payments to be made by the DEPARTMENT to CONTRACTOR of $70,000.00, CONTRACTOR shall provide the Work and Services specified in Exhibit A. That amount of $70,000.00 shall be paid as provided in the Disbursement of Contractor's Compensation, which is attached hereto and made part hereof as Exhibit B to this Agreement. . ; ir�.w,s'�Q`xE`i°N'i13 :Y,".d^,, ,t �`!'P 5p .,.,• ., ., _,r.<. .. f Consulting Agreement By and Between MPC and Miami FiraRescue : 2.b EMD Trainer Development. CONTRACTOR shall provide specialized EMD trainer instruction and NAEMD recognized trainer certification to up to four (4) ALS trained individuals selected by the Department, who meet NAEMD prerequisites and who have met the prerequisite of successfully completing the basic EMD course and auditing two (2) additional EMD courses. Each EMD Instructor candidate shall then be required to team -teach one (1) EMD course with an already certified instructor. Finally, each END Instructor candidate shall be required to teach one (1) EMD course while being observed by an NAEMD certified Master Instructor who shall attest to the candidate's competency as an EMD Instructor prior to final CONTRACTOR authorization and NAEMD certification. Under the terms of this Agreement, EMD trainer authorization by the CONTRACTOR shalt be valid only in the DEPARTMENT and for the training of its employees. In no case shall EMD trainer authorization be valid outside the DEPARTMENT, without the expressed, prior written permission of the CONTRACTOR. Subsequent to the execution of this agreement selected EMD trainers candidates shall be required to sign individual Confidential Disclosure and Non -competition Agreements with CONTRACTOR. Under the terms of this Agreement the DEPARTMENT shall be required to notify CONTRACTOR whenever an EMD course is to be taught by its authorized EMD trainers. Communications Center employee enrolled in such EMD courses shall be required to purchase the standard EMD Course Manual from CONTRACTOR and to apply for NAEMD certification. 2.c MPDS Software Implementation In cooperation with Miami's Department of Computers, CONTRACTOR shall install a working English/Spanish version of CONTRACTOR's MPDS ProQA Software in the DEPARTMENT's Communications Center. The DEPARTMENT shall be responsible for computer hardware and software purchases that will allow for installation of the ProQA. 2.c.1 The current known hardware and software requirements ProQA installation are as follows: 1. One IBM PC (or compatible) for each dispatch work station (2 call -taker stations, 2 radio dispatch stations, 1 supervisor station and 1 Fire Command station). The IBM PC shall meet the following specifications: a) 80386 25 MHz (80486 DX 25 MHz preferred) b) 4 MB RAM c) 40 MB Hard Disk d) VGA Monitor 94- 70 Cayultina Agreement By and Between MPC and Mimi Fire -Rescue 2. One IBM PC (or compatible) server which meets the following specifications: a) 80486 DX2 66 MHz b) 8 MB RAM c) 5 MB + 1.5 kB per each EMS incident of Hard Disk storage 3. Network interface and software (Novell Preferred) for each work station and file server. 4. Software terminal emulator compatible with UNISYS mainframe terminals, capable of communicating information between ProQA and Computer Aided Dispatch (CAD) Software. 2A CONTRACTOR Not to Subcontract Without Anaroval. None of CONTRACTOR's Work or Services hereunder may be subcontracted by CONTRACTOR to any subcontractor without the prior, written consent of the DEPARTMENT, which shall not be unreasonably withheld. Any of CONTRACTOR work or service so subcontracted shall be performed pursuant to a subcontract agreement which the DEPARTMENT shall have the right to review and approve prior to its execution by CONTRACTOR. Any such subcontract shall specify that the CONTRACTOR and the subcontractor. shall be subject to every provision of this Agreement. Notwithstanding any such subcontract, CONTRACTOR shall remain liable to the DEPARTMENT for all CONTRACTOR's Work and Services required hereunder. 2.e CONTRACTOR Not to Assign Without Approval. CONTRACTOR shall not assign any interest in this Agreement and shall not transfer any interest in the same, whether by assignment or novation, without the prior written consent of the DEPARTMENT, provided,. however, that the claims for money due or to become due to CONTRACTOR from the DEPARTMENT under this Agreement may be assigned to a bank, trust company, or other financial institution. Notice of any such assignment or transfer of the claims for money due or to become due shall be furnished promptly, after the fact, to the DEPARTMENT, but the DEPAR'TMENT's prior approval shall not be required. SECTION 3. SCHEDULE OF WORK AND SERVICES. The Work and Services specified in Exhibit A are to be performed by 1 CONTRACTOR, as provided in Section 2, for the implementation of the MPDS in the ` DEPARTMENT. The Parties may by prior written mutual consent, without additional costs to the DEPARTMENT, change the order of execution of CONTRACTOR's Work y . and Services. i 94- '70 SECTION 4. ACCEPTANCE OF CONTRACTOR's WORK AND SERVICES & THE DEPARTMENT's APPROVAL. 4.a Acceptance of Work and Services. CONTRACTOR shall submit periodic progress reports ("Report" or "Reports"), which shall include notice of completion of Work and Services specified in Exhibit A, regarding the MPDS implementation. Within 30-days after CONTRACTOR's submission to the DEPARTMENT of each Report, the DEPARTMENT will have authority to withhold approval of CONTRACTOR's Work and Services performed since the previous Report (or, in the case of the first Report, of CONTRACTOR's Work and Services performed since the beginning of the term of this Agreement), by notifying CONTRACTOR, in writing, of the DEPARTMENT's reasonable motives for withholding such approval. Any such notice shall specify in detail, CONTRACTOR's Work and Services required pursuant to Exhibit A that have not been performed in conformity with Exhibit A (the "Subject Work and Services" I together with what CONTRACTOR must do to remedy these particulars to the DEPARTMENTs reasonable satisfaction and acceptance, in accordance with this Agreement. The DEPARTMENT shall be deemed to have accepted CONTRACTOR's Subject Work and Services unless it shall have given such timely, written notice to CONTRACTOR. In the event that such notice is given, then: i) CONTRACTOR shall have 45-days after CONTRACTOR's receipt of any such notice to satisfy the DEPARTM ENT's reasonable requirements and report the results to the DEPARTMENT in writing. Such report shall be an "Amended Report." The DEPARTMENT shall then have 10-days after receipt of any such Amended Report to continue to withhold approval of Subject Work and Services by notifying CONTRACTOR, in writing, of the DEPARTN ENT's reasonable motives for withholding such approval. Any such notice shall specify in detail, CONTRACTOR's Subject Work and Services required pursuant to Exhibit A that have still not been performed in conformity with Exhibit A, together with what CONTRACTOR must do to remedy these particulars to the DEPARTMENT's reasonable satisfaction and acceptance, in accordance with this Agreement. The DEPARTMENT shall be deemed to have accepted CONTRACTOR's Subject Work and Services reported -in the Amended Report unless it shall have given such timely, written notice to CONTRACTOR. ii) The DEPARTMENT shall be entitled to retain only the portion of the fees not Consulting Agreement By and Between MPC and Miami FlmRescue s iii) .Giving of such notice of the DEPARTMENT's withholding of approval of CONTRACTOR's Subject Work and Services as provided in this Subsection 4.a shall not relieve the CONTRACTOR from its obligation to perform the rest of the Work and Services specified in Exhibit A, although the scheduling of same may need to be adjusted by the mutual written consent of both CONTRACTOR and the DEPARTMENT in order for CONTRACTOR to meet the DEPARTMENT's requirements pursuant to Section 4,a.i, and both Parties agree to cooperate in reasonably expediting such consent: 4.b NAEMD'Accreditation. CONTRACTOR, during its final site visit, shall evaluate the DEPARTMENT's comprehensive MPDS for correct functioning of the dispatchers, management and administration of the MPDS, as well as adherence to acceptable levels of protocol compliance. CONTRACTOR shall assist the DEPARTMENT in obtaining NAEMD accreditation of the DEPARTMENT as an EMD Center of Excellence if the full process has been correctly implemented and all NAEMD "requirements have been met. SECTION 5. TERM,&TERMINATION. i S.a Term. The Term of this Agreement shall be 12 months from the date of the execution of this Agreement by the Parties, provided that upon the termination date of this Agreement, CONTRACTOR shall have executed all Work and Services performed hereunder to the reasonable satisfaction of the DEPARTMENT, unless such non -execution of CONTRACTOR's Work and Services are attributable to the DEPARTMENT. S.b Termination of Agreement for Cause. 5.b.1 If CONTRACTOR shall, in a material way and due to CONTRACTOR's negligence or any cause within CONTRACTOR's control, fail to fulfill CONTRACTOR's obligations under this Agreement in a timely and proper manner, or violate any of the terms or covenants of this Agreement, then the DEPARTMENT shall have the right to give written notice to CONTRACTOR of the DEPARTMENT's intent to exercise its right to terminate this Agreement for cause. Any such written notice shall specify the cause(s) for such termination, and CONTRACTOR shall have 45 calendar days from receipt of any such notice, to reasonably remedy the DEPARTM ENT s complaint, CONTRACTOR's failure to reasonably remedy the DEPARTMENT's complaint within such'45-day period shall result in the DEPARTMENT's right to terminate this Agreement for cause at the end of such 45-day period. In the event that the DEPARTMENT elects to exercise its right to so terminate for cause, CONTRACTOR shall be entitled to equitable pro -rats compensation for Work and Services satisfactorily completed hereunder, and all finished or unfinished non-proprietary documents, data, and 1 94_ 70 T"iG42;1,�"��!, ��',. �: V3ri5 h! l.F: fl;,:: i .., .:,.:: r• e.... ..5'n ...:. ... Consulting Agreement By and Between MPC and Mland Ftro-Rercue reports prepared by CONTRACTOR under this Agreement shall, at the option of the DEPARTMENT, become the DEPARTMENT's property. In such a case, should the amount already paid to CONTRACTOR exceed the equitable pro -rats compensation for Work and Services satisfactorily completed hereunder, the CONTRACTOR shall promptly reimburse such excess to the DEPARTMENT and, conversely, should the pro-rata compensation for Work and Services satisfactorily completed hereunder be less than the amount already paid to CONTRACTOR, the DEPARTMENT shall promptly pay the difference to CONTRACTOR. Further, in event of such termination, if CONTRACTOR's failure to cure a CONTRACTOR breach of this Agreement results in the, legal award of monetary damages to the DEPARTMENT by CONTRACTOR, then the DEPARTMENT may offset the legally determined amount of such damages against any unpaid balances owed by the DEPARTMENT to CONTRACTOR under this Agreement. 5.42 If the DEPARTMENT shall, in a material way and due to the DEPARTMENT's negligence or any cause within the DEPARTMENTS control, fail to fulfill the DEPARTMENT's obligations under this Agreement in a timely and proper manner; or violate any of the terms or covenants of this Agreement; and/or of the EULA, then CONTRACTOR shall have the right to give written notice to the DEPARTMENT of CONTRACTOR's intent to exercise its right to terminate this Agreement for cause. Any such written notice shall specify the cause(s) for such termination, and the DEPARTMENT shall have 45 calendar days from receipt of any such notice, to reasonably remedy CONTRACTOR's complaint. The DEPARTMENI"s failure to reasonably remedy CONTRACTOR's complaint within such 45-day period shall result in CONTRACTOR's right to terminate this Agreement and/or the EULA for cause at the end of such 45-day period. In the event that CONTRACTOR elects to exercise its right to. so terminate this Agreement for cause, CONTRACTOR shall, subject to Subsection 4.a(i) and 4.a(iiJ be entitled to equitable pro-rata compensation for Work and Services satisfactorily completed hereunder, together with a $25,000.00 termination fee, and all finished or unfinished non-proprietary documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the DEPARTMENT, become the DEPARTMENT's property, and in the event that CONTRACTOR elects to exercise its right hereunder to so terminate the EULA, the conditions and consequences of such termination are as indicated in the EULA. 5.b.3 Subject to Section 7.b any relief provided herein for breach of the provisions of this Agreement shall be in addition to, and shall in no way limit the Party terminating for cause from pursuing whatever other legal rights for relief which it deems appropriate under the circumstances. f 94 r } a termination fee of$25;000.00, in addition to full payment of all amounts owing and payable for Work.and Services completed hereunder, and pro -rate fees due for Work and Services in process hereunder at the time of such termination without cause. In addition, termination of this Agreement by the DEPARTMENT without cause shall give CONTRACTOR the option and right to terminate the EULA simultaneously. 5.d EULA. The EULAs shall survive the tern of this Agreement, unless the EULAs are specifically terminated, as provided in Subsections 5.b.2 and 5.c. SECTION 6. COMPLIANCE WITH LAWS & POLICIES. 6.a Compliance With Laws. In performing CONTRACTORs Work and Services and. other obligations under this Agreement, CONTRACTOR shall comply with all applicable statutes, ordinances, regulations and rules of the the City of Miami and the State of Florida. 6.b Insurance. CONTRACTOR shall secure worker's compensation insurance, public liability insurance, and other insurance which CONTRACTOR and the DEPARTMENT may mutually determine to be appropriate to carry out the provisions of this Agreement. Such insurance may not be changed or cancelled unless both CONTRACTOR and the DEPARTMENT are notified in writing no less than thirty (30) days prior to such change or cancellation. SECTION 7. LIMITS OF LIABILITY & SOLE REMEDY AND ALLOCATION OF RISK. 7.a Force Maieure. CONTRACTOR shall not be liable nor deemed to be in default hereunder, due to any delay, interruption or failure in the performance of its work, services or other obligations hereunder caused by strikes or other labor disputes, riots, or.other public disorders, or resulting directly or indirectly from governmental or legal regulations or prohibitions, fire or other casualty, electrical or hardware mechanical failure, force majeure or any other causes beyond CONTRACTOR reasonable control. 94- 7.c Sole and Exclusive Remedy and Liability. The DEPARTMENT"s and CONTRACTOR's sole and exclusive remedy and sole and exclusive liability are as set forth in this Agreement; in Exhibit A to this Agreement; and in the EULA (relative to the DEPARTMENT's licensed use of the MPDS Protocol Cards and Software). All terms and conditions contained herein, in Exhibit A to this Agreement and in the EULA define a mutually agreed -upon allocation of risk. The fees to be actually paid hereunder reflect such allocation of risk. SECTION 8. HOLD HARMLESS. 8.a Hold Harmless. Within the limits specified in Subsection 7.b, CONTRACTOR shall indemnify, protect and save the DEPARTMENT harmless from any negligent acts, errors, or omissions of CONTRACTOR, as relating to CONTRACTOR's professional consulting services hereunder, but not pertaining to the DEPARTMENT's licensed use of the MPDS under the EULA, for losses, claims, expenses, actions, causes of actions, damages, and obligations, financial or otherwise, arising from CONTRACTOR's performance hereunder (or that of its agents, employees, or invitees) that directly results in injury to persons or physical damage to property. 8.b Exception. It is expressly understood and agreed by the DEPARTMENT, however, that CONTRACTOR does not guarantee, indemnify nor shall CONTRACTOR hold the DEPARTMENT ENT harmless relative to any use whatsoever by the DEPARTMENT and its employees of the MPDS, either during or after MPDS implementation hereunder, except as specifically provided in the EULA. CONTRACTOR shall not be held to any liability or expense for any damages suffered or incurred by the DEPARTMENT, including general, special, or consequential damages or lost profits that may arise from the failure on the part of the DEPARTMENT, its agents and employees to maintain and operate the MPDS in accordance with the CONTRACTOR's procedures, training, recommended modifications and operating protocol. j This Subsection 8.b also constitutes CONTRACTOR's formal written request II to the DEPARTMENT, urging the DEPARTMENT to obtain formal approval from the DEPARTMENTS medical control authority, or from within the emergency medical services region or the State of Florida, if that be appropriate, for the use of the MPDS, 94- 70 The License Agreements forming part of the EULAs between the DEPARTMENT and CONTRACTOR shall entitle the DEPARTMENT to use the MPDS Cards and Software. It shall further provide for the maintenance of the MPDS Cards and Software. SECTION 10. COOPERATION IN THE EVENT OF LAWSUIT. Upon the DEPARTMENT's request, CONTRACTOR shall cooperate with the DEPARTMENT in its defense of any cause of action filed against the DEPARTMENT, its a ents or employees,and/or arising out of the correct use and operation of the N TDS, g g including but not limited to the use of any relevant research and evaluation materials and results concerning the MPDS or the Work and Services to be performed by CONTRACTOR under this Agreement. The DEPARTMENT shall pay CONTRACTOR's standard fees and expenses for any depositions, appearances or related j activities for the purpose of giving expert testimony or of providing significant consulting time on such matters hereunder, all at CONTRACTOR's then -current rates for same. SECTION 11. REPORTS, INFORMATION & AUDITS. CONTRACTOR shall furnish the DEPARTMENT with Reports pertaining to the Work and Services to be performed by CONTRACTOR pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any ! other matters covered by this Agreement, all in accordance with the Comprehensive Implementation Plan for the M[PDS and the Schedule and Steps for the Completion of Contractor's Work and Services as specified in Exhibits A and C hereof. " 9 4 i 70 „ Comutting Agreement By and Between MPC and Miami Fire -Rescue SECTION 12. NO CONFLICT OF INTEREST. No officer, employee, or agent of the DEPARTMENT, who exercises any functions or responsibilities in connection with the planning and carrying out of EMD operations in the DEPARTMENT, nor any immediate family member, close business associate, or organization which is about to employ any such person, shall have any personal financial interest, direct or indirect, in Medical Priority Consultants, Inc. or in this Agreement, and CONTRACTOR shall take appropriate steps to assure compliance. SECTION 13. OWNERSHIP RIGHTS. Ownership rights, patents, and copyrights to all systems, protocols, programs, manuals, forms, derivatives (including translations) and development work related in any way to or, forming part of the MPDS shall remain with CONTRACTOR, and the DEPARTMENT acknowledges that it is a Licensee of the MPDS. The DEPARTMENT shall have no rights to transfer, encumber, or assign the MPDS, and, subject to Subsection 15.1, the DEPARTMENT agrees to not disclose to any other party details of these systems, protocols, programs, manuals, forms, software, derivatives (including translations) or development work without the express, prior written consent of CONTRACTOR. Nothing in this Agreement means or shall be interpreted to mean that CONTRACTOR transfers ownership in or to any of its proprietary information or intellectual property to the DEPARTMENT. These provisions are in addition to, not in the place of, similar provisions in the EULA. SECTION 14. PROGRAM MAINTENANCE. CONTRACTOR, according to the terms of the EULA, shall provide professional and technical assistance in the ongoing development and enhancement of the comprehensive MPDS in the following ways: i) Continuing Support: CONTRACTOR, through its medical control physicians and expert staff, shall, once the MPDS implementation is complete, provide future technical assistance for r all aspects of the MPDS as is reasonable. 1 i 94- 70 0 CONTRACTOR, through its medical control physicians and staff, shall continue to, review for the DEPARTMENT, and to approve future in0 difications to the response protocols, for medical -legal soundness and as necessary, consistent with the maintenance provisions included in the EULA. iii) System Maintenance: CONTRACTOR shall, as specified in the EULA, provide the latest improvements to'M[PDS Protocol Cards and Software. Such maintenance is required to insure that the N4PDS is kept current for standard -of -care and medical -legal reasons. iv) Trainer Updating and Recertification: CONTRACTOR shall provide to the DEPARTMENTs EMD trainers timely updates to all WDS training materials. CONTRACTOR shall assist the DEPARTMENT in ensuring that, during the term of this Agreement, said EMD trainers meet the requirements for certification as EMD trainers by the National Academy of Emergency Medical Dispatch (NAEMD). v) NAEMD Accreditation: CONTRACTOR shall assist the DEPARTMENT in maintaining NAEMD accreditation of the DEPARTMENT as an Emergency Medical Dispatch Center of Excellence if all NAEMD requirements are maintained. The DEPARTMENT agrees to replace the now current edition of the M[PDS Protocols with any new edition that may be issued within the next (6) years at the then 'NT agrees to continue to maintain NAEMD catalogue price. In addition, the DEPARTMENT EMD trainer certification for its (remaining or replacement) EMD trainers for a like period of six (6) years. For these considerations, CONTRACTOR agrees to automatically extend all provisions of this Section 14, together with extended maintenance provisions under the EULA, to the DEPARTMENT for the period of time between each new edition. SECTION 15. GENERAL CONDITIONS. 15.a Currency. All dollar amounts referred to in this Agreement or in the attached Exhibits shall be in U.S. dollars. 94- 70 Consulting Agreement By and Between MPC and Mtaml Fire -Rescue 15.b Successors to the Agreement. This Agreement shall be binding and inure to the benefit of the successors and permitted assignees of the Parties. 15.c Severability. In the event that any provision of this Agreement is declared or determined to be invalid underapplicable law, or unconstitutional, said provision shall be limited or construed as necessary to render it enforceable and valid, or if necessary, such provision shall be severed from this Agreement and any declaration of its invalidity shall not affect, in any manner, the legality of the remaining provisions, and each provision of the Agreement shall be and is deemed to be separate and severable from each other provision. 15A Notices. All notices required or permitted by this Agreement shall be in writing and sent by letter, telefax, or cable or delivered by hand to the receiving Parties, as follows (or to such other substitute address as the recipient may from time to time specify in writing): MPC DEPARTMENT Attn: I William Lloyd Attn: Chief C.A. Gimenez Executive Vice -President Director, Dept. of Fire, Rescue & Medical Priority Consultants, Inc. Inspection Services 139 E. South Temple, Suite 600 275 NW 2nd Street Salt Lake City, Utah 84111 Miami, FL 33128 15.e 'Waiver. The waiver of any term under this Agreement by either Parties is not a waiver of any other term or the waiver of this same term at any other time. 151 Disclaimer and limitations of liability. i) CONTRACTOR makes no warranty not expressly set forth in this Agreement. CONTRACTOR disclaims any implied warranties of ' merchantability, or fitness for a particular purpose. ii) CONTRACTOR shall not be liable for any consequential or indirect I% loss or damages (whether in contract, tort or otherwise), of whatsoever E nature, including (without limitation) loss of profit, loss of contract, _ loss of operation time, loss of data, loss of use of any equipment or I. process or any other form of loss whatsoever (whether or not similar to some or any of the foregoing) suffered or incurred directly or } indirectly by the DEPARTMENT or any other person. 15.g Headings. The headings used in this Agreement are used for convenience and shall not be used to construe or interpret the substance of this Agreement. 94— 70 a. 7 Consulting Agreement By and Between MPC and Mlam1 Flm-Reueae 15.6 Attorney's fees. In the event an action, including arbitration, is brought to enforce any. provision or. declare a breach of this Agreement, the prevailing Parties shall be entitled, in addition to other amounts awarded, to reasonable legal costs, including attorney's fees incurred thereby. 15.i Governing law and forum. This Agreement shall be governed by the laws of the State of Florida and any federal laws of the United States of America applicable therein, except for the EULA which shall be governed by the laws of the State of Utah and the federal laws of the United States of America applicable therein. 15.j Integration. Both Parties acknowledge by their signatures that each has read this Agreement and understands it, and that this Agreement, together with its attached Exhibits, constitutes the entire Agreement between CONTRACTOR and the DEPARTMENT. Both Parties agree that this Agreement supersedes all proposals and any prior agreements, oral or written, and all other communications between the Parties relating to the subject matter of this Agreement, and that no representation or statement not contained herein shall be binding upon the Parties. Variance from the terms and conditions of this Agreement in any purchase order or other document from the DEPARTMENT shall be of no effect unless expressly accepted in writing by CONTRACTOR. This Agreement may not be amended, except by written instrument signed by authorized representatives of both Parties. 15.k Execution and counterparts. This Agreement may be executed in duplicate originals but all such duplicate originals shall constitute one and the same Agreement. The persons signing below represent that they are duly authorized to execute this Agreement on behalf of the Parties from whom they are signing. 15.1 Confidentiality. The terms and conditions of this Agreement have been customized to the mutual satisfaction and benefit of the Parties hereto, and they are neither dependent upon, nor relevant to the terms and conditions of similar contracts either Party may have agreed to in the past, or may agree to in the future with any third party. Both the DEPARTMENT and CONTRACTOR acknowledge that the terms and conditions of this Agreement (specifically including, without being limited to, details of the Work and Services and payment schedules, deliverables and fees, costs and other payment arrangements, etc.) are confidential between the Parties hereto, and that either Party disclosing same to third parties could work to the detriment of the other Party. Consequently, the DEPARTMENT and CONTRACTOR agree that during the k: term of this Agreement, and during a period of five (5) years following completion or any termination thereof, that each Party hereto shall keep the terms and conditions of this i Agreement confidential within the limits of applicable laws, and not to disclose them to any third party without the express, prior, written consent of the other Party to this i Agreement. i i ! 94- '70 F i`i+t s Ji Y r Coasuiiing Agreement By and Between MPC and Miami Fire -Rescue a yj { •, Notwithstanding anything in this Subsection 15.1 to the contrary, it is recognized that the DEPARTMENT's normal procedures shall require disclosure of this Agreement to various government agencies and employees of the DEPARTMENT. The z DEPARTMENT agrees to exercise due diligence to inform any such agencies and employees of the DEPARTMENT's obligations under this Subsection 15.1, and to enforce the DEPARTMENT's obligations of confidentiality hereunder with any such agencies and employees. �[ IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly authorized representatives. Accepted and Agreed: MEDICAL PRIORITY CONSULTANTS, INC: CITY OF MIANII: By: Scott Hauert, V.P. By Name: Name: Title:Title: - Date: 'Peel,l� Date: t ,I j S, t, a4_ 70 a Attached to Consulting Agreement by and between Medical Priority Consultants, Inc. and the Miami Department of Fire, Rescue & Inspection Services (hereafter "the DEPARTMENT"): COMPREHENSIVE IMPLEMENTATION PLAN FOR THE MEDICAL PRIORITY DISPATCH SYSTEM AND DEFINITION OF CONTRACTOR'S WORK AND SERVICES At the request of the DEPARTMENT, CONTRACTOR has studied the emergency medical dispatch system in place in the DEPARTMENT and has also taken cognizance of the goals and objectives with respect to the improvement of the emergency medical dispatch system and, as a result thereof, has received approval from the DEPARTMENT for the MPDS implementation plan specified in this Exhibit A. To accomplish the goals and directives of the DEPARTMENT, the following plan of action and related work and services proposed by CONTRACTOR shall be utilized for the implementation of its Advanced Medical Priority Dispatch System ("MPDS") and it's natural accompanying accouterments. Due to the demand of the DEPARTMENT that its goals and directives with respect to the improvement of its emergency medical dispatch system be rapidly achieved and implemented, CONTRACTOR acknowledges that the DEPARTMENT may request CONTRACTOR to change the order of execution of Contractor's plan of action for the implementation of the MPDS. CONTRACTOR will use its best efforts to accommodate the DEPARTMENT in that respect. As part of its plan of action CONTRACTOR proposes that several oversight committees be established and that they be staffed with persons having certain technical skills or holding certain positions in the DEPARTMENT's EMS and Communications Divisions. However, CONTRACTOR and the DEPARTMENT may jointly modify the composition of such committees. The DEPARTMENT agrees to utilize this oversight committee management process for implementing and maintaining the MPDS. 1. Phase I: System Evaluation- Completed 2. Phase II: System Set-up and Preparatory 2.1 Medical Control and Management Seminar: CONTRACTOR shall conduct a one (1) day MPDS National Executive Certification Course for persons appointed to the MPDS Steering Committee and other employees designated by the DEPARTMENT. 70 d : Eiddbit A • Attached to Consulting Agreement by and between Medical Priority Consultants and the Miami Department of Fine, ttescue and Inspection Services 2.2 Oversiebt Committee Formation and Participation: The DEPARTMENT r. shall establish the MPDS Steering Committee, the Medical Dispatch Review Committee (" MDRC") and the MPDS Quality Assurance Unit ("QAU"). The CONTRACTOR shall assist 'in the formulation of the'MPDS Steering Committee, the MDRC and the QAU. CONTRACTOR representatives shall participate in the regularly scheduled monthly meetings of the MDRC and the meetings of the MPDS Steering Committee which shall coincide with CONTRACTOR's on -site visits. . 2.3 MPDS Steering Committee: The MPDS Steering Committee shall consist of upper management decision makers for the emergency medical dispatch system and includes the medical director, chief of dispatch operations, a deputy or assistant responsible for dispatch operations, the head of the Quality Assurance Unit, a representative of line dispatch and management representatives of emergency medical services provider agencies, as well as a reasonable number of other individuals that the DEPARTMENT may desire to be on this MPDS policy -making body. Temporary members shall be the MPDS implementation project coordinator as designated by the DEPARTMENT, and consultants designated by CONTRACTOR. The MPDS Steering Committee shall normally meet quarterly but, during the initial MPDS implementation, may need to meet monthly or at specified times to coincide with consultants visits and approve recommendations made during the implementation. After completion of the implementation period, the long term schedule for meetings shall be quarterly, after program certification. The CONTRACTOR shall coordinate all training and evaluation phases of this program with the MPDS Steering Committee. All communication between the two Parties shall be conducted in writing. Any changes in the proposed program shall be agreed to by the MPDS Steering Committee in writing. Any additional services to be provided by the CONTRACTOR that will result in bill back to the DEPARTMENT shall only be approved after submission in writing of the proposed services, the itemized expenses associated with these services and the issuance of an official change order or amendment to this Agreement. 2.4 Medical Dispatch Review Committee (MDRC): The MDRC shall consist of EMS and operations administrative and supervisory personnel, Quality Assurance Unit personnel, line dispatch personnel, and technical advisors designated by CONTRACTOR. This committee oversees and evaluates all functions of quality j assurance, including case review, Continuing Dispatcher Education ("CDE"), and system study and makes formal recommendations for program processes, protocol compliance } enhancement, and potential policy revision to the MPDS Steering Committee for final i approval. The MDRC shall meet on a regular monthly schedule. i .2.5 Quality Assurance Unit (QAU): The Quality Assurance Unit shall, ideally, consist of a minimum of two ALS trained individuals involved in on-line case review, data evaluation, and feedback reporting, and who make ongoing recommendations based t 94- 70 li t NMI Esti►bit A ; Attached to Consulting Agreement by and between Medical Priority Consultants and the Natal Department of Fire, Rescue and Inspection services ' on their findings to the MDRC for evaluation and action. CONTRACTOR shall assist those individuals in the QAU in on-line case review, data evaluation, feedback reporting, and shall assist in the development of recommendations based on QAU findings to the MDRC for evaluation and action. The DEPARTMENT recognizes that it is essential that sufficient human resources be committed to the initiation of the QAU to perform the work necessary to support the above elements. 2.6 Ouality Assurance: The CONTRACTOR shall develop and implement a quality assurance program geared specifically for the DEPAR'TMENT's requirements. This program shall be formulated and initiated by the CONTRACTOR to assure the medical and legal well-being of the MPDS to be implemented by CONTRACTOR. The CONTRACTOR shall include members from all levels of the DEPARTMENT'S emergency medical dispatch program in the development and administration of a quality assurance program. The DEPARTMENT agrees to provide for the commitment of (2) individuals, trained to the ALS level, who will be dedicated to the performance of quality assurance and training tasks.. CONTRACTOR shall provide a quality assurance data base for gathering and reporting of case evaluation data. 2.7 Ouality Assurance Program Overview: The CONTRACTOR, during the term of the Agreement, shall provide appropriate assistance to the DEPARTMENT'S personnel to establish an emergency medical dispatch Quality Assurance program and maintain the program as an ongoing method of evaluation. The CONTRACTOR shall assist in the review and/or development of the elements of this program during the appropriate implementation and aid the DEPARTMENT's (or its designee's) personnel in evaluating current programs or establishing and continuing programs for: *Dispatcher selection processes -Advanced MPDS orientation and training programs *Advanced MPDS data generation *Advanced MPDS case review mechanisms *Advanced MPDS performance review mechanisms *Medical control and management *Risk management *Continuing dispatch education programs •Certification -Recertification eRevocation or suspension of certification processes Public education and awareness programs 2.8 EMD Medical Control: CONTRACTOR shall continue to assist in the development of EMD Medical Control by evaluating the roles and responsibilities of the medical director or equivalent, and appropriate dispatch -related committee involvement. CONTRACTOR shall continue to assist in the enhancement and, if necessary, j modification of EMD Medical Control throughout the Term of the Agreement. 94 70 Exhibit A w Attached to Consulting Agreement by and between Medical Priority Consultants and the Miami Department of Fire, Rescue and Inspection Services 4 3. Phase III: EMD Trainini' and Instructor Development 3.1 EMI Training: CONTRACTOR shall provide EMD Training and NAEMD Certification testing to the DEPARTMENT's line dispatch personnel, dispatch ' supervisory personnel and other employees designated by the DEPARTMENT. EMD training shall be provided in one (1) 3-day EMD courses to be conducted by CONTRACTOR. EMD training shall be provided by NAEMD certified EMD Instructors under the direction and oversight of the CONTRACTOR. 3.2 EMD Refresher Trainine: CONTRACTOR shall provide EMD Refresher Training to the DEPARTMENT'S certified EMDs. EMD Refresher Training shall be provided in three (3) 1-day courses to be conducted by CONTRACTOR and scheduled in cooperation with the DEPARTMENT. EMD Refresher Training shall be provided by an NAEMD certified instructor under the direction and oversight of the CONTRACTOR. 3.3 Instructor Development: CONTRACTOR shall provide specialized END Trainer instruction and EMD Trainer authorization for a maximum of two. (2) ALS trained individuals selected by THE DEPARTMENT, who meet NAEMD prerequisites and who have met the prerequisite of successfully completing the basic EMD course and auditing four (4) additional EMD courses. CONTRACTOR shall provide to THE DEPARTMENT a projected list of the dates and locations of CONTRACTOR's scheduled EMD courses. Individuals auditing such courses shall not be charged tuition fees, but travel, lodging, meal and other necessary incidental expenses for attendance at such courses shall be the responsibility of THE DEPARTMENT. EMD Trainer authorization by the CONTRACTOR hereunder shall apply only to selected trainers while they are employed by THE DEPARTMENT, or by an EMS provider agency served by THE DEPARTMENT. In no case shall EMD trainer authorization be valid outside the DEPARTMENT, or THE DEPARTMENT's service jurisdiction, without the expressed, prior written permission of the CONTRACTOR. Subsequent to the execution of this Agreement by the parties, individuals selected by THE DEPARTMENT for EMD trainer authorization shall be required to sign individual Confidential Disclosure and Non -competition Agreements with CONTRACTOR. Under the terms of this Agreement CONTRACTOR shall be notified in writing whenever an EMD course is to be taught by THE DEPARTMENT's authorized EMD Trainers. Students enrolled in any such EMD courses shall be required to purchase standard course materials from CONTRACTOR at the then current list price for same . and to apply for NAEMD certification. :.t j 1 94 70 Exhibit A t Attached to Consulting Agreement by and between Medical Priority Consultant and $ the Miami Department of Fire, Rescue and Inspection services �. ' r 4. Phase IV: MPDS Protocol Implementation i. 4.1 Protocol Implementation: Initiation of the Advanced MPDS Protocols shall begin immediately after all of THE DEPARTMENT's line dispatch personnel have completed the 3-day EMD training course and shall include introduction of the interrogation protocols and pre -arrival instruction portions of the MPDS. THE - DEPARTMENT shall be provided with the number of Advanced MPD5 card sets as specified in the Agreement according to the terms of the MPDS Protocol. Card Set License Agreement and current Policies and Procedures forming part of the EULA in the number specified in Exhibit B to the Agreement. During this phase of MPDS Protocol implementation EMS unit response configurations and modes shall remain the same as they were prior to MPDS Protocol implementation. 4.2 MPDS In-service Trainine for EMS Field Responders: In cooperation with the DEPARTMENT, and prior to protocol implementation, Dr. Jeff Clawson shall develop and appear in an in-service training video tape, regarding the MPDS and the role of field responders, for the local EMS field responders. CONTRACTOR recommends that the in-service training video be played during scheduled in-service training until such time as all of the local EMS field responders have viewed the video. CONTRACTOR further recommends that the DEPARTMENT's MPDS project director be available to answer any questions that EMS field responders may have about the system. CONTRACTOR shall provide a sufficient number of CONTRACTOR's MPDS Pocket Users Guides' for distribution to each of the local EMS field responders in order to enhance their understanding of their role in the MPDS in general, and the MPDS coding system and dispatch feedback reporting system in particular. 4.3 Medical Miranda In-service Training for Law Enforcement Personnel: In cooperation with the DEPARTMENT, and prior to protocol implementation, MPC shall assist in the development of an in-service training video tape, regarding the MPDS and the role of law enforcement, for local law enforcement personnel. CONTRACTOR recommends that the in-service training video be played at Police Department shift changes until such time as all of the local law enforcement personnel have viewed the video. CONTRACTOR further recommends that THE DEPARTMENT's MPDS project director be available to answer any questions that law enforcement personnel may have about,the system. CONTRACTOR shall provide a sufficient number of CONTRACTOR's Medical Miranda Cards' for distribution to each of the local law enforcement personnel in order to extend the effects of the MPDS to law enforcement personnel who are first at the scene of EMS incidents. 4.4 Public Education: UPC shall assist THE DEPARTMENT in the development of public education programs suited to the needs of THE DEPARTMENT. 94 70 5. Phase V: Data Interval One 5.1 Data Interval 1 Evaluation: CONTRACTOR shall evaluate on-line dispatch case reviews to ensure protocol compliance. The DEPARTMENT shall perform a random sampling of at least 7% of EMD cases as well as all CPR, choking and childbirth cases to ensure a statistically significant sampling of cases within the system for quality assurance and risk management evaluation. Tapes, transcripts, and/or statistics relating to medical priority dispatch cases shall be provided by the DEPARTMENT in the amount and format specified by the CONTRACTOR. CONTRACTOR shall assist the DEPARTMENT in the development of performance review mechanisms, including case review and field and dispatch feedback reporting. CONTRACTOR shall provide the DEPARTMENT with an evaluation of the data which will define baseline MPDS A-B-C-D determinant level percentages to be used as a reference point for quality assurance activities. THE DEPARTMENT shall set as a goal a 95% MPDS protocol compliance level to be achieved prior to the implementation of MPDS response configurations and modes. 5.2 Response Configuration Development: The CONTRACTOR shall, upon the DEPARTMENT's request, assist in the development of unit response configuration prioritization recommendations specifically for the requirements of the DEPARTMENT. The following work and services shall be performed: • Initiation of response assignment prioritization • Formulation of the necessary pre -determined MPDS A-B-C-D category unit responses by the MPDS Steering Committee. • Evaluation of response adequacy shall also be performed by the MPDS Steering Committee. • Response assignment enhancement and modification. The CONTRACTOR shall provide a formalized process by which the MPDS pre -determined unit response selection criteria shall be adapted or enhanced to meet the DEPARTMENT's particular needs as they are specifically identified. 5.3 Continuing Dispatch Education (CDE) Development: CONTRACTOR shall assist the DEPARTMENT in the development of a Continuing Dispatcher Education (CDE) program that addresses the identified needs of the evolving MPDS. Recommendations regarding the definition of appropriate goals and objectives for ongoing EMD continuing medical education programs shall also be provided by CONTRACTOR. 5.4 CDE Program Scheduling and Implementation: After the development of the continuing dispatch education program and associated training outlines and tracking mechanisms shall have been provided by the CONTRACTOR, the DEPARTMENT shall begin the scheduling and provision of "in-house" CDE. This should occur no more than two (2) months after EMD refresher training and no more than one (1) month after s4= 70 Exhibit A = ' Attached to Consulting Agreement by and between Medical Priority Consultants and the Miami Department of Fire, Rescue and Inspection Services protocol implementation. Official authorization of in-house instructors shalt not occur until such time as this section 5.4 has been completed by the DEPARTMENT. 6. Phase VI: Response Implementation, Data Interval Two 6.1 MPDS Response Configuration and Mode Implementation: Initiation of the pre -determined MPDS response configurations and modes shall begin immediately after all of the DEPARTIVIENT's line dispatch personnel have achieved the pre -determined level of MPDS Protocol compliance. 6.2 Unit Response analysis: CONTRACTOR shall continue to provide technical assistance and advice to the DEPARTMENT regarding the formulation of pre -determined unit response configuration schemes under the MPDS. Configuration modification recommendations, formulated with assistance and advice from the CONTRACTOR, shall be made by the MDRC and shall be presented for approval by the MPDS Steering Committee. Involvement of necessary local medical control and related agencies shall be required in this process. Development of these response configurations and modes shall be based on the statistics accumulated during the CONTRACTOR's evaluation. 6.3 System Impact Evaluation: Ongoing evaluation of unit response configuration adequacy. and the efficiency and effectiveness of the MPDS shall be continued by the MPDS Steering Committee with the assistance and advice of the CONTRACTOR. Discoveries made by the QAU and the MDRC shall be brought to the MPDS Steering I Committee for review and analysis for possible policy revisions. f� 6.4 Response Configuration Enhancement and Modification: CONTRACTOR I shall assist the DEPARTMENT in the development of a formalized process by which the • ' . MPDS pre -determined unit response selection criteria may be enhanced, modified, or adapted to meet the DEPARTMENT's needs as they are specifically identified through quality assurance, data evaluations and system impact evaluations. 6,5 EMD Risk Management Prosram: CONTRACTOR shall provide assistance in the development (or modification) of a risk management program specific to the DEPARTMENT's EMD program. CONTRACTOR shall assist in the development of t, policies for the remediation, reprimand, suspension, or termination of EMDs to correct i. defciencies and encourage excellence at the level of EMDs. . 6.6 Dispatcher Selection Process: CONTRACTOR shall provide assistance in the development (or modification) of a dispatcher selection process in cooperation with the Steering Committees specific to the DEPARTMENT's needs. CONTRACTOR shall ' k assist in the development of policies and practices for this purpose if identified as t: necessary within each agency individually, I �4- '70 4 ` Esbibit A Attached to Consulting Agreement by and between Medical Priority Consultants and the Miami Department of Fire, [fescue and hupection services 6.7 Dispatcher Orientation Proarams: CONTRACTOR shall provide assistance in the development (or modification) of dispatcher orientation programs specific to the DEPARTMEN'T's needs. CONTRACTOR shall assist in the review and/or development of policies for this purpose if identified as necessary within each agency individually. . 6.8 Data Interval2 Evaluation: CONTRACTOR shall re-evaluate on-line dispatch case reviews to ensure that the pre -determined level of protocol compliance is maintained. The DEPARTMENT shall perform a random sampling of at least 7% of ENID cases as well as all CPR, choking and childbirth cases to ensure a statistically significant sampling of cases within the system for quality assurance and risk management evaluation. Tapes, transcripts, and/or statistics relating to medical priority dispatch cases shall be provided by the DEPARTMENT in the amount and format specified by the CONTRACTOR. CONTRACTOR shall assist the DEPARTMENT in the development of performance review mechanisms, including case review and field and dispatch feedback reporting. CONTRACTOR shall provide the DEPARTMENT with an evaluationof the data as it relates to. MPDS Protocol Compliance to be used as a reference point for quality assurance activities. 7. Phase VH: Specialization 7.1 CAD integration: CONTRACTOR shall install a working version of CONTRACTOR's NTDS ProQA Software in the DEPARTMENT's Communications Center according to the provisions of Section 2.c of the agreement. The installed MPDS ProQA program shall have the ability to display protocol text in either English or Spanish. 7.2 ProOA implementation: Upon completion of successful integration of the ProQA software into the CAD software the ProQA integration shall be implemented and tested for a period of 30 days prior to going on-line. During this time the dispatch personnel shall receive training in the use of the ProQA software as described in this Agreement. 7.3 ProOA trainin::: Each dispatcher operating in a center with a ProQA integrated CAD system shall receive at least 4 hours of formal classroom training on its use. The . quality, assurance and supervisory personnel shall receive additional training as is necessary on the administrative and quality assurance functions of the program. 8. Phase Vial: Accreditation and Maintenance 8.1 Final System Assessment: CONTRACTOR shall prepare a special report on the ! " final state of MPDS protocol compliance found in the DEPARTMENT after sufficient data becomes available. It shall include compliance to parameters listed on the Medical Dispatch Review and data Evaluation Templates, as customized for the DEPARTMENT, during the continuing Quality Assurance process. a ;, r s .:k 1. Initiate medical control k. Deliver and laminate protocols 1. Adopt coding policy M. Accept implementation policy n. Set schedule for training and implementation PHASE III: Training 9 days,1 site visit a. Update EMD training (three I -day courses) Month 2 b. One 3-day ENO certification course c. Initiate instructor development (one 3-day seminar) d. Post AMPDS data board in dispatch centers PHASE IV: Implementation 2 days,1 site visit a. Implement AMPDS "dry" in dispatch Months 2 - 3 b. Begin 2 week initiation period c. Field orientation and P.U.G.s d. Medical Miranda orientation and video e. Public education f. Press releases g. Post and distribute implementation memo 94— 70 1 tihibit C t ` Attached to Consulting Agreement by and between Medkal Priority Coroul6mts and On Miami Department of Fire, Resew and Inspection Servkei ' PHASE V: Data Interval One 4 days, 2 site visits a. Initiate case review process Months 2 - 5 b. Initiate performance review c. Initiate AMPDS employee feedback and remediation d. Initiate AMPDS feedback reports e. Initiate CDE development and implementation f. Development of initial response configuration design g. AMPDS compliance and coding data generation h. Initiate posting of weekly data in dispatch i. Initiate performance re mediation j. Adopt certification and recertification policies k. Complete EMD instructor certification PHASE VI: Response Implementation, Data Interval Two 4 days, 2 site visits a. Implement initial response reconfigurations Months 6 - 9 b. Unit response analysis and system impact evaluation c. Response configuration enhancement and modification d. "Evaluate risk management policies and procedures e. Evaluate dispatcher selection and evaluation practices f. Evaluate orientation programs PHASE VII: Specialization 4 days, 2 site visits a. CAD integration Scheduled per need b. ProQA implementation C. ProQA training PHASE VIII: Accreditation and Maintenance 2 days,1 site visit a. Final system assessment and review Months 10 -12 b. Documentation requested with final recommendations c. Final report submitted with findings d. Schedule press conference e. Award NAEMD accreditation f. Begin system maintenance Total Site Visits -10 Total Days - 28 SUMMARY OF DELIVERABLES: 1. 8 - 2 dayQA logistic, training and evaluation visits (16 days) 2. Three 1-day EMD update courses, One 3-day EMD certification course and one 3-day instructor development seminar (9 days) l 3. One Executive Certification Course (1 day) 4 °4— '70 lihiblt C AtbK4*d to Consultbtg Agreement by and between Medkal Priority Consultants and Servkes the Mini Department of Fire, Rescue and Inspection 4 4. Manual Protocol Licensure for 4 stations 5. CAD/ProQA Licensure for 4 stations including training and ProQA Licensure for 2 supervisory/QA work station and ProQA training (4 days) 6. 1 Pocket User. Guide for Each dispatcher and each Paramedic and EMT employed within the City of Miami Fire Department. 7. 1 Medical Miranda Card for each police officer employed within the City of Miami and Medical Miranda orientation coordination. 8. 1 Instructor Materials Packages for the City of Miami including: a. Course slides b. Course transparencies c. Master audio training tape d. Master video training tape e. Anonymous hero video f. 1 Manual protocol Licensure 9. QAU Data Base Software 10. NAEMD Center of Excellence Accreditation review upon successful completion of all QA and implementation requirements. Total cost of Implementation........................................................$70,000.00 PAYMENT SUMMARY: The TOTAL COST of implementation is spread over the term of the contract with the exception that the final payment is based on delivery of the Final Site Assessment Report. The payments required shall be invoiced by CONTRACTOR and become due and payable following the completion of the implementation steps noted below in the Schedule and Payment for the Comprehensive Implementation Plan of the Medical Priority Dispatch System made part of this Exhibit C: 1. Upon Agreement approval and execution $5000.00 1. Completion of Phase II (QA process set up) $13,750.00 2. Completion of Phase III (training and updates) $10,314.00 3. Completion of Phase IV (Implementation) $7,734.00 4. Monthly payments thereafter of $2,578.00 x 9 months $23,202,00 5. Completion of Phase VII (ProQA installation) $10,000.00 TOTAL $70,000.00 (includes all phases, materials, and expenses) t y } I 9 ..: Q Exhibit "D» Attached to Consulting Agreement t by and between. Medical Priority Consultants, Inc. and the Miami Fire, Rescue and Inspection Services: Department of 1• End User License Agreement for Manual AMPDS 2• End User License Agreement for CAD integrated ProQA software 3• Policies and Procedures for End TT.., r -_ Exhibit "D" #1 YD/L g:BlnkGrdsGrdLkAgrG+ver • Page 1 of 6 - G Vcr.12/b/90 Rev:6/ia/93 94- 70 I. KEY TERMS DEFINED A. "EMD" = Emergency medical dispatch. B. 1EMD Station" = a position with telecommunications equipment where calls for emergency medical services ("EMS") are taken by a dispatcher, and/or where EMS help is dispatched by a dispatcher. The dispatcher can be an operator, a supervisor, or a trainee. If such position is staffed by a plurality of dispatchers at any given time, then such position shall bedeemed to be a plurality of EMD stations equal to the maximum number of dispatchers occupying said position at the regular peak. C. "MPDS" = Medical Priority Dispatch System, including medical priority dispatch protocols, EMD post -dispatch instructions, EMD pre -arrival instructions, and EMD treatment sequence protocols, as set forth in the Cards. D. "Cards" = The Medical Priority Dispatch System Cards (the manual version of the MPDS) together with related documentation and flip -file provided in connection with this Agreement (MPC will deliver to Card Licensees, Information Facsimiles of the Cards prepared for use in orientation, training, and review, but not for actual on-line dispatching. Such licensees may use these Information Facsimiles only for these specified "off-line" purposes, but may not copy or reproduce them. Such Information Facsimiles are included in the definition of "Cards"). Except as indicated otherwise by MPC, "Cards" shall further include any updates to this current edition of the Cards which may be subsequently provided by MPC to Customer, and such updates, if any, shall be governed by and subject to this Agreement. E. "Customer" nd "You" or "you" = The Licensee or entity which executes this Agreement as Customer. F. "MPC" = The Licensor, Medical Priority Consultants, Inc., a Utah corporation, which is the owner of the Cards and MPDS and which owns and/or controls the copyrights thereto. G. "P & P" = MPC's written Policies and Procedures governing Customer Service and Product Support of the Cards. The P & P in effect at the time the Initial License Fee was paid were delivered with this End User License Agreement. MPC may, at it's sole discretion, modify or replace the P & P from time to time. Customer's receipt by mail of replacement P & P constitutes notification of replacement and any prior P & P thereafter becomes null and void. The then current P & P are part of this End User License Agreement. H. LICENSE AND TERM A. Card Sets. MPC shall loan to Customer one set of .the Cards, together with a protective flip -file, for use only in connection with the number of EMD Station(s) specified at the beginning of this Agreement. B . License. MPC grants to you, the Customer, a non-exclusive, non -transferable license to use the Cards at the number of EMD Station(s) specified at the beginning of this agreement for use at Customer's address or dispatch center (the "License"). The Cards may not be used in connection with more than the number of specified EMD Stations. This Agreement and License do not authorize Customer to use the MPDS except through licensed use of the Cards delivered to Customer by MPC in connection with this Agreement. 7W/1A91 MWCArdsLAc - Page 2 of 6 - Ver.11/16/90Rm3/9/93 94- 70 C. No Assiemment, Any sublicense, assignment, rental, sale, timeshare, or transfer by Customer of any part of the Cards or of the rights or obligations of this Agreement, without the prior written consent of MPC, is not allowed and shall be void. D. Ownership. Ownership of, and title to, the Cards and MPDS (including all copies thereof and any flip -files) provided with the Cards) shall be held by MPC. These materials are loaned to Customer for the duration of the License to allow Customer to exercise rights under the License. Only the License is purchased by Customer. MPC also owns the copyrights and other intellectual property in and to the Cards and MPDS. Customer may not make unauthorized copies of the Cards or MPDS, or otherwise infringe these rights. Customer agrees not to claim or to make any attempt to record or register any of MPC's trademarks, servicemarks or copyrights. III. RESPONSIBILITY. YOU ASSUME FULL RESPONSIBILITY FOR THE SELECTION OF THE CARDS AND MPDS AS WELL AS FOR THE IMPLEMENTATION, USE, AND RESULTS OBTAINED FROM THE CARDS AND MPDS. YOU ARE RESPONSIBLE FOR DECISIONS MADE AND ACTIONS TAKEN BASED ON THE CARDS AND MPDS. THE CARDS ARE DESIGNED AND INTENDED FOR USE BY DISPATCH PROFESSIONALS TRAINED AND EXPERIENCED IN THE USES AND LIMITATIONS OF THE EMERGENCY MEDICAL DISPATCH SYSTEM UPON WHICH THE CARDS ARE BASED. IT IS LICENSEE'S RESPONSIBILITY TO ASCERTAIN THE SUITABILITY OF THE CARDS AND MPDS. i A. Updates to this edition of the Cards (i.e. the Cards provided in connection with this j Agreement) will be distributed by MPC to Customer in accordance with MPC's written Policies and Procedures (see section I. G above). To be entitled to such updates, Customer must complete and sign the accompanying Registration form and return it to MPC within 10 days of receipt of the Cards. B . Termination. Both the License and your right to use the Cards and MPDS shall terminate if you breach any part of this Agreement. In the event of termination, you must immediately return to MPC any and all copies then in your possession of the Cards and MPDS (including related materials and flip -files) to MPG C. Copies. You may not make copies of the Cards or MPDS. MPC will provide separately, Information Facsimiles of the Cards, or pocket User's Guides, for your use in orientation, training and review, but not for actual on-line dispatching. You may use these Information Facsimiles only for these "off-line" purposes, and you may not copy or reproduce them. D. Modification. Other than as specifically provided in MPC's written P & P, YOU MAY NOT MODIFY, CHANGE, OR ALTER THE SYSTEM PROTOCOLS OR ANYTHING OF THE CARDS OR MPDS WITHOUT THE EXPRESS, WRITTEN, PRIOR CONSENT OF MPC. The P & P outline the scientific process of protocol modification which is performed by the College of Fellows of the National Academy of EMD. MPC shall notify Customer of "Updates" in accordance with the P & P. Customer shall, within 30 days of notification, - implement such Updates per the instructions accompanying them. Such implementation of Updates qualifies as a modification, change, or alteration with MPC's express, written, j prior consent. I E. Protection of Cards, Information Facsimiles and MPDS. Relative to Customer and the Cards, Information Facsimiles and MPDS, the following acts are all expressly prohibited: unauthorized duplication, translation, automation, computerization or modification j(including any deletion from or addition to any of them); allowing third party access to or - Page 3of6- Vor.it/16/90It":3/9/9] 94- 70 use thereof; creation of derivative works based thereon; or use of the Cards, information Facsimiles, or MPDS in any manner not expressly licensed by this Agreement or not specifically allowed by MPC's P & P. F. Support and Service Program, The Registered End -User License Support and Service Program is set forth in the P & P. MPC has no other obligations of maintenance or support. Customer is not entitled to this Support and Service Program unless Customer completes and ' submits the registration form as provided under "Support and Services" in section N.D below. 1. The Parties agree to the P & P of MPC in effect when this Agreement is executed and the same are part of this Agreement. Customer has received and reviewed a written copy of said P & P. It is important that the Customer understand and adhere to the P & P. The Parties agree that MPC may, at its sole discretion, modify or replace the P & P from time to time. Receipt by mail of new dated P & P constitutes notification of replacement, and any prior P & P at the time become null and void. Thereafter the current P & P became part of this agreement. 2. So long as MPC maintains the edition/version of the MPDS licensed hereunder as the current MPDS Card Version, then MPC's then -current P & P shall govern said Service and Support. G. Site Inspection. MPC shall have the right, at its own expense and subject to 24-hours' advance written notice to Customer, to inspect Customer's EMD operations, and to audit Customer's compliance wi th this Agreement. This right may be exercised at MPC's sole .option, but MPC is not obliged to do so. H. Unsafe Practices. In the event the MPC determines, in MPC's sole reasonable judgement, that Customer's use of the Cards and/or MPDS is improper and unsafe, MPC shall notify Customer of any such determination in writing. In the event that Customer cannot convincingly satisfy MPC that its use (or conformed use) of the Cards and /or MPDS is safe and proper, within 30 days of such notice by MPC, then MPC may Terminate this License. Customer's failure to implement Updates as provided in P & P and in Section D (Modification) above, may be grounds for termination under this Section H. IV.; WARRANTY & LIMITATIONS A. Limited Warranty: Customer shall inspect the Cards and MPDS before using them. MPC warrants that if Customer determines (as a result of such inspection) that the Cards or MPDS are unacceptable to Customer and if Customer returns the Cards and MPDS (together with evidence of Customer's paid order for same) to MPC within 10 days of Customer's receipt of the Cards, then MPC shall refund the amount paid by Customer for this License less a 15% service and restocking charge. In the event of such return, the License and all of Customer's rights under this Agreement shall terminate. MPC warrants that if any of the Cards or flip -files are in a physically defective or damaged condition when delivered to Customer, and if Customer returns these physically defective or damaged Cards or flip -files) (together with evidence of Customer's paid order for same) to MPC within 10 days of Customer's receipt of the Cards, then MPC shall replace the physically defective or damaged Cards or flip file(s) at no charge. Such replacement Cards shall be deemed "Cards" as defined and governed by this Agreement. 7W/L6VB1n1XArd4 nc - Page 4 of 6 - Ver.l1/16/90 Rev 3/9/97 9470 B . Disclaimer of Warranties. MPC MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. MPC DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, , FITNESS FORA PARTICULAR PURPOSE AND NONINFRINGEMENT. MPC DOES NOT WARRANT THAT THE CARDS OR MPDS WILL SATISFY CUSTOMER'S REQUIREMENTS OR THAT THEY ARE WITHOUT DEFECT OR ERROR. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, THE CARDS AND MPDS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. C. Registration. Licensee shall have no rights under this Limited Warranty if the accompanying registration form is not promptly completed, signed and returned to MPC per the instructions thereon within 10 days of receipt of the Cards. D. Support and Services. MPC is not responsible for maintaining or helping you to use the Cards or MODS, except through MPC's Registered End -User Licensee Support do Service Program. To receive these services, you must follow the directions on the registration form and information in the original delivery package. Any support or services provided by MPC shall also be subject to and governed by the sections entitled "Disclaimer of Warranties", "Limitation on Liabilities" and "Sole Remedy and Allocation of Risk" and the "General Provisions" in the same manner that they are applicable to Cards and MPDS. " E. Limitation on Liabilities. THE AGGREGATE LIABILITY OF MPC ARISING FROM OR RELATING TO THIS AGREEMENT OR THE CARDS OR MPDS (REGARDLESS OF THE FORM OR ACTION OR CLAIM - e.g. CONTRACT, WARRANTY, TORT, MALPRACTICE, FRAUD, AND/OR OTHERWISE) IS LIMITED TO THE TOTAL OF ALL PAYMENTS MADE BY OR FOR CUSTOMER TO PURCHASE THE LICENSE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, MPC WILL NOT BE LIABLE FOR ANY: 1. ERROR, OMISSION, DEFECT, DEFICIENCY, OR NONCONFORMITY IN ANY CARDS OR MPDS; or 2. CLAIM OF INFRINGEMENT. MPC SHALL NOT IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL,. CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MPC SHALL NOT BE LIABLE FOR ANY DAMAGES FOR BUSINESS OR PECUNIARY LOSSES, FOR LOST PROFITS OR REVENUE, LOSS OF USE OF THE CARDS OR MPDS, LOSS OF DATA, COSTS OF RE- CREATING LOST DATA, THE COST OF ANY SUBSTITUTE, OR CLAIMS BY ANY PARTY OTHER THAN LICENSEE. THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND REPRESENTATIVES OF WC ARE NOT PARTIES TO THIS AGREEMENT AND SHALL HAVE NO OBLIGATION OR LIABILITY RELATING TO THIS AGREEMENT OR TO THE CARDS OR MODS. F. Sole Remedy and Allocation of Risk. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AND MPCS SOLE AND EXCLUSIVE LIABILITY ARE SET FORTH IN THIS AGREEMENT. This Agreement defines a mutually agreed -upon allocation of risk, and the License fees reflect such allocation of risk. C. Good Faith. The conduct of MPC and Customer under this Agreement shall be governed by a standard of good faith and fair dealing. - Page 5 of 6 - 94- '70 Vur.11/16/90 Rev:3/9/93 Exhibit "DII #2 Medical PriorityTM Advanced Madical Priority Dispatch System" End -User License Agreement (Software) Customer. I License Number: License Date: Initial License Fee: Program: Version Number: In consideration for the Initial License Fee paid by Customer to MPC, Customer's "License" under this End -User. License Agreement for Medical Priority Dispatch System Software is hereby deemed to be Single or Multiple Licenses, according to "Type" specified above, and to License use of the Software on the described "Number of EMD Stations." Whether the Software is used on a network, or on an individual station or stations, the number of stations hereby licensed to have access to the Software (through a computer, terminal, PC, workstation, or any other form of access) may not exceed the licensed Number of EMD Stations specified above. I i �8M, h T 9VI►edical 139 E. South emp/e, Suite 600 �s Salt Lake City, Utah 84111-1103 PriOrlty' Phone: (801) 363-9127 Fax (801) 363-9144 YD/14g:81nkbw:Lwldr4uesumCvr - Page 1 of 8 - Ver.II/16/'M1Rev: 7/10/92 94- 70 jCEY TERMS DEFINED A. Customer and You or you or your = Referring to the Licensee or entity which executes this Agreement as Customer. B. "EMD" = Emergency Medical Dispatch. ? C. "EMD Station" = a position with telecommunications equipment where j calls for Emergency Medical Services ("EMS") are taken by a dispatcher, and/or where EMS help is dispatched by a dispatcher. The dispatcher can be an operator, a supervisor, or a trainee. If such position is staffed by a plurality of dispatchers at any given time, then such position shall be deemed to be a plurality of EMD stations equal to the maximum number of dispatchers occupying said position at the regular peak If an EMD Station is used primarily for back-up or training, but is used for actual EMD for 5% (or more) of the time the Customer's EMD Center operates during any 12-month period, then such an EMD Station is subject to this definition and must be included in the count for the number of EMD Stations covered by this Agreement. D. "EULA"= This End User License Agreement. E. "Software" = Medical Priority Dispatch System Software provided in connection with this Agreement. This definition also includes, whenever the context reasonably permits, the related documentation provided to Customer with the Software. Except as indicated otherwise by MPC, Software , shall further include any updates of this current edition of the Software which may subsequently be provided by MPC to Customer, and such updates,. if any, shall be governed by this Agreement. F. "Cards" = The manual reference Medical Priority Dispatch System Cards, together with related documentation and flip -file, which maybe obtained by - Customer under separate license agreement from MPC. (MPC will deliver to Card licensees-, Information Facsimiles of the Cards prepared for use in orientation, training, and review, but not for actual on-line dispatching. Such licensees may use these Information Facsimiles only for these specified "off- line" purposes, but may not copy or, reproduce them. Such Information Facsimiles are included in the definition of "Cards.") G. "MPDS" = Medical Priority Dispatch System, including EMD priority dispatch protocols, EMD Post -Dispatch Instructions, EMD pre -arrival instructions, and EMD treatment sequence protocols as set forth in the Software and Cards. H "MPC" = The Licensor, Medical Priority Consultants, Inc., a Utah corporation, which is the owner of the Software, Cards and MPDS, and which owns and/or controls the copyrights thereto. L "P & P" = MPC'S written Policies and Procedures governing Customer Service and Product Support of the Software and Cards. The P & P in effect at the time the Initial License Fee was paid were' delivered with this EULA. - MPC may, at it's sole discretion, modify or replace the P & P from time to time.. Customers receipt by mail of replacement P & P constitutes notification of replacement and any prior P & P thereafter becomes null and void. The then current P & P are part of this EULA. - Page 2of8- Ver.11/16/90 Pw.7/10/92 94- 70 II LICENSE AND TERM A. Disks. MPC shall loan to Customer one set of Software disks for use only in connection with the number of EMD Station(s) specified at the beginning of this Agreement. B. License. MPC grants to you, the Customer, a non-exclusive, non -transferable license to use the Software at the number of EMD Station(s) specified on the cover sheet of this agreement for use at Customer's address or dispatch center (the "License"). The Softwaze may not be used in connection with more than the number of specified EMD Stations at any given time. This Agreement and License do not authorize Customer to use the MPDS except through licensed use of the Software delivered to Customer by MPC in connection with this Agreement. C. No Assignment. Any sublicense, assignment, rental, sale, timeshare, or transfer by Customer of any part of the Software or Cards or of the rights or obligations of this Agreement, without the prior written consent of MPC, is not allowed and shall be void. D. Own_ershio. Ownership of, and title to, the Software, Cards, and MPDS (including all copies thereof) shall be held by MPC. Any of these materials loaned by MPC to Customer are loaned for the duration of the License under which they are used, to allow Customer to exercise its rights under the 41 License. Only the License is purchased by Customer. MPC also owns the copyrights and other intellectual property in and to the Software, Cards and MPDS. Customer may not make unauthorized copies of the Software, Cards - or MPDS, or otherwise infringe these rights. Customer agrees not to claim or make any attempt to record or register any of MPC's trademarks, servicemarks or copyrights. III. RESPONSIBILITY. YOU ASSUME FULL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE AND MPDS, AS WELL AS FOR THE INSTALLATION, IMPLEMENTATION, USE, AND RESULTS OBTAINED FROM THE SOFTWARE AND MPDS. YOU ARE RESPONSIBLE FOR DECISIONS MADE AND ACTIONS TAKEN BASED ON THE SOFTWARE AND MPDS. THESE SYSTEMS ARE DESIGNED ANDINTENDED FOR USE BY DISPATCH PROFESSIONALS TRAINED AND, EXPERIENCED IN THE USES AND LIMITATIONS OF COMPUTER SOFTWARE IN GENERAL, AND OF THE EMERGENCY MEDICAL DISPATCH SYSTEM UPON WHICH THE SOFTWARE IS BASED. IT IS LICENSEE'S RESPONSIBILITY TO ASCERTAIN THE SUITABILITY OF THE SOFTWARE AND MPDS. A. Expert System Disclosure. This expert system is designed for use by Emergency Medical Dispatchers (EMDs) who have been trained and certified in the use of the MPDS and who function in a prescribed MPDS quality assurance environment. This is not a novice system. The design of this system envisions occasions when even the trained EMD will have to make a subjective decision regarding a caller's response and make the most correct selection from the list of choices presented. The design of this system incorporates current medical and logic accuracy but . must, however, reflect some subjective opinions of medical experts and programmers with which others may reasonably disagree. This system and 94- 70 - Page 3of8- Vv:ll/l6/90 Rev;7/10192 its necessary maintenance components must be considered and approved by local Medical Control entities and EMS agency administration prior to implementation and on-line use by trained EMDs. f This system envisions that, when appropriate, trained EMDs will have the option of 'overriding" a system -recommended choice for enhanced patient safety and that they will choose the "most appropriate" telephone treatment options from available menus. New information may change the complexion of the emergency during the call as EMDs validate responses or treatment. This system allows the trained EMD to "reconfigure" response Y 8'u levels based on new � information. With the foregoing in mind, this system cannot reasonably be expected to predict exact outcomes or unerring -EMD performance in all cases. The designers recommend that Quality Assurance mechanisms be put in i place to review each of these "special choice" situations for EMD correctness and consistency. The designers also recommend continuing medical dispatch. training and periodic MPDS refresher courses to keep trained EMDs up to date with current standards of medical dispatch practice and care. Updates to this current edition of the Software (i.e. the Software provided in connection with this Agreement) will be distributed by MPC to Customer in accordance with MPC's written Policies and Procedures (see Section III.0 below). To be entitled to such updates, Customer must complete and sign the accompanying registration Card and return it to MPC within 30 days after Customer's receipt the Software and subsequently keep its registrations current, as provided in Section III.0 below. i P C. Support and Service Program. The Registered End -User License Support and r < = Service Program is set forth in the P&P. MPC has no other obligations of maintenance or support. Customer is not entitled to this Support and Service Program unless Customer completes and submits the registration form as provided under "Support and Services" in section IV.F, below. 1. The Parties agree to the P&P of MPC in effect when this Agreement is executed and the same are part of this Agreement. Customer has received and reviewed a written copy of said P&P. It is important that the Customer understand and adhere to the P&P. The Parties agree that MPC may, at its sole discretion, modify or replace the P&P from time to time. Receipt by mail of new dated P&P constitutes notification of replacement, and any prior P & P at that time become null and void. Thereafter, the current P & P became part of this agreement. 2 So long as Customer maintains its registration current for said Service and Support, during the Term of this License Agreement, MPC's then current P&P shall govern said Service and Support. 3.' Customer agrees to keep its Service and Support Registration current after the first 30 days of this License Agreement by paying annual maintenance fees equal to 15% of the Initial License Fees specified on the cover sheet of this License Agreement, and as may be augmented by subsequent additions of licensed stations under this EULA. These fees are due and payable not more than 30 days after the License'Date.. - specified on the cover sheet of this EULA. Each such annual maintenance fee payment by customer to MPC shall extend customer's current service and support registration over the next 12 months. - Page 4 of 8 - va: 11/16/W Rev:7/ 10/92 04- 70 shared data for internal research purposes only, and will not make any external, public use or release of such research data without the prior, written consent of Customer. E. Col2ies. You may make copies of the Software only for back-up and archival purposes. You may not make copies of the Cards. Special information facsimiles, of the Cards (Pocket User Guide) are separately available for purchase by licensed users through MPC. F. Modification. Other than as specifically provided in MPC's written Policies and Procedures (see "Policies and Procedures (P&P)" below], YOU MAY NOT MODIFY, CHANGE, OR ALTER THE SYSTEM PROTOCOLS OR ANYTHING ON THE SOFTWARE OR MPDS WITHOUT THE EXPRESS, WRITTEN, PRIOR CONSENT OF MPC. The P&P outline the scientific process of protocol modification which is performed by the College of Fellows of the National Academy of EMD. MPC shall notify Customer of "Updates" in accordance with the P & P, and Customer shall, within 30 days of notification implement such Updates per the instructions accompanying them. Such implementation of Updates qualifies as a modification, change, or alteration with MPC's express, written, prior consent. G. Protection of Software, Cards and MPDS._ Relative to Customer and the Software, Cards and MPDS, the following acts are all expressly prohibited: unauthorized duplication, translation or modification (including any deletion from or addition of code to any of them); allowing third party access to or use thereof; creation of derivative works based thereon; reverse engineering, decompiling, disassembling, or any other attempt to discover the source code or trade secrets of the Software; or use of the Software, Cards or MPDS in any manner not expressly licensed by this Agreement or not specifically allowed by MPC's written P&P. H. Increasing the Number of EMD Stations. Customer shall promptly report to and coordinate with MPC any plans to increase the number of EMD Stations at its EMD Center, toward the end of acquiring license rights to use the Software and MPDS at such additional EMD Stations. This includes backup, supervisory, and training EMD Stations. I. Si 2 1 o ri J. U re d s tm p f YD/Leg:d1nkSW:LA•5W 3_ M to Inspection. MPC shall have the right, at its own expense and subject to ,hours' advance written notice to Customer, to inspect Customer's EMD Aerations, and to audit Customer's compliance with this Agreement. This ;ht. may be exercised at MPC's sole option, but MPC is not obliged to do so. nsafe Practices. In the event that MPC determines, in MPC's sole, asonable judgement, that Customer's use of the Software, Cards and/or PDS is improper and unsafe, MPC shall notify Customer of any such germination in writing. In the event that Customer cannot convincingly a M tisfy MPC that its use (or conformed use) of the Software, Cards and/or PDS is safe and proper, within 30 days of such notice by MPC, then MPC ay Terminate this License. Customer's failure to implement Updates as rovided in the P & P and in Section F (Modification) above, may be grounds or Termination under this Section J. - Page 5of8- Vc.1 /1fiaW= V;7/10/92 O K. Termination. Both the License and your right to use the Software, Cards and MPDS shall terminate if you violate any part of the Agreement. In the event of termination, you must immediately return to MPC any and all copies then in your possession of the Software, Cards and MPDS (including related materials). IV. WARRANTY & LIMITATIONS A. Limited Warranty:. Disks and Documentation. MPC warrants that if the magnetic Software disks or documentation delivered therewith are in a damaged or physically defective condition at the time that the Software is delivered, and if any such damaged goods are returned to MPC (delivery prepaid) within 30 days of Customer's receipt of same, then MPC will provide Customer with replacements at no charge. B. Limited Warranty: Software. MPC warrants that if the Software fails to substantially conform to the specifications in the Software documentation or to any other Software specifications published by MPC, and if the nonconformity is reported in writing by Customer to MPC within 30 days from the date that the License is purchased, then MPC shall, at MPC's sole option and election, either remedy the nonconformity or, upon Customer's return of all copies of the Software and MPDS to MPC, refund the purchase price to Customer. In the event of a refund, the License shall terminate. Any replacement Software will be provided at no charge and will be warranted, as provided above, for 30 days from the date you receive the replacement, and will be deemed "Software" as defined and governed by this Agreement. G DISCLAIMER OF WARRANTIES. MPC MAKES NO WARRANTY, REPRESENTATION OR PROMISENOT EXPRESSLY SET FORTH IN THIS AGREEMENT. MPC DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. MPC DOES NOT WARRANT THAT THE SOFTWARE, CARDS OR MPDS WILL SATISFY CUSTOMER'S REQUIREMENTS OR THAT THEY ARE WITHOUT DEFECT OR ERROR. EXCEPT FOR THE FOREGOING LIMITED WARRANTIES, THE SOFTWARE, CARDS AND MPDS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. D. Good Faith The conduct of MPC and Customer under this Agreement shall be governed by a standard of good faith and fair dealing. E. Registration. Licensee shall have no rights under this Limited Warranty if the accompanying Registration form is not completed, signed, and returned to MPC per the instructions thereon within 30 days of receipt of the Software. F. Support and Services. MPC is not responsible for maintaining or helping you to use the Software, Cards or MPDS, except through MPC's Registered End -User Licensee Support & Service Program. To receive these services, you must follow the directions on the Registration form and information in the original delivery package and keep your Registration current, as provided in Section IILC above. Any support or services provided by MPC shall also be subject to and governed by the sections of this Agreement entitled "Disclaimer of Warranties", "Limitation on Liabilities", and 'Sole Remedy and Allocation of Risk" and the "General Provisions," in the same manner that they are applicable to Software, Cards and MPDS. Vc.J1/16/W F";7/10/V2 94- 70 k} ti k A condition of this Agreement. Upon any such termination you must { immediately return to MPC any and all copies then in your possession, of, the Software, Cards and MPDS. Upon termination, MPC may also enforce any j ..` . rights and seek any remedies provided by or in equity. E. Export Laws. Licensee hereby warrants and certifies that no Software or any relateditem or product will be made available, transferred or exported to any person, entity or country in contravention of any law of the United States, ' including the Export Administration Act of 1979 and regulations relating thereto. F. Entire Agreement. This Agreement sets forth the entire understanding and - agreement between the parties and may not be amended, modified, or waived except in a writing signed by both Parties. VI. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE`STATEMENT OF THE AGREEMENT BETWEEN YOU AND MPC WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. (Customer) By (signature): Name (print): Title: Date: i MEDICAL PRIORITY CONSULTANTS, INC. (MPC) By (signature): Name (print); Title• Date: s YO/L*S-d1nkiW:LA-SW - Pagc 8 of 8 - vea II/1614U &v:7/10/92 94- 70 Medical Priority' End -User Licensee Registration Licenseii User: Registration=porm for access toVltarranty and End user licensee Support and 5erv16eProgam far;the Advanced Medicai PriorityDispatch System (AINpDSt.' Software. (Please print or type. All information'must be provided to activate initial technical support availability.) Name of EMS Dispatch center Name,lBle and phones of EMo operation contact Person lot use d this software Address where software Is used A. Please,describe the geographic/demographic area served by your EMS Dispatch Center: 1. Geographic area (city, county lines, etc.) 2. Population within geographic area a. Base residential population I. Latest census estimate ii. Other, not included (homeless, migrants, etc.) b. Best estimate of typical net in or out migration of'working population on average weekday c. Best estimate peak net In or out migration during seasonal (vacation, etc.) peaks d. Other (specify: ) e. TOTAL SERVICE POPULATION 3,- Telephone company's estimate of number of telephones in service area 4. Center's count of number of calls taken for EMS help during most recent 12 month (or _ ) period for which reasonable information is available 5. Number of EMS call -taking stations in center 6. Number of EMS call -takers who will use the software at center B. Purchasing and use details for your service and maintenance records: 1. Names and Positions of authorized persons: a. Ordering the software b. Deciding upon this purchase c. Authorizing funds for this purchase 2. How has your use of this software to date measured up to your original expectations? a. Satisfied? (why) b. Dissatisfied? (why) p MPC, 9/91 (continued on reverse side) 94- 70 t, Signed statement: I have read, and 1 understand and agree with the terms of the End -User License Agreement accompanying this software. The information provided on this registration Is true to the best of my knowledge and belief. a, Signed, r (By contact person identified above for and in behalf of the EMS dispatch center Identified above) PLEASE NOTE: If, after,training and at least six months use of the Advanced MPDS, you have suggestions for improvements which you feel could significantly enhance EMS call -taking and medical dispatch, please submit your sugges- tions' to Medical Priority, 139 E. South Temple, Suite 6000, Salt Lake City, UT 84111; phone (801) 363-9127. All submitted suggestions become the property of Medical Priority Consultants, Inc. aMPC, 9/91 Exhibit "D" #3 Policies; and Procedures'(" P&Ps") governing Customer Service and Product Support of Software and Cards licensed under End -User License Agreements for the Medical Priority Dispatch SystemT" MPDS") of Medical Priority Consultants, Inc. ("MPC"). MPC may at its sole discretion, modify or replace these P&Ps from time,to time. ' Receipt by mail of new dated P&Ps constitutes notification of replacement, and any prior P&Ps at that time become null and void. REGISTERED END -USER LICENSEE SUPPORT & SERVICE PROGRAM 1 Note: These Policies and Procedures apply to the Medical Priority Dispatch System ("MPDS") in general. Where certain policies and procedures apply particularly to the manual version of the MPDS (the "Cards" or "MPDS,Cards"),'specific reference will be made to the Cards. Likewise, where certain Policies and Procedures apply particularly to the computerized version of the MPDS (the "Software" or "MPDS Software") specific reference will be made to the Software. I UP -TO -DATE -MAINTENANCE PROGRAM for registered licensed end -users of the i currentedition of the Medical Priority Dispatch System ("MPDS"). 1 t A. As an important part of its on -going research and development to optimize the { effectiveness of the MPDS, Medical Priority Consultants, Inc. regularly evaluates the experience, findings and recommendations of: .1.The College of Fellows of the National Academy of Emergency Medical Dispatch; 2. MPDS users in the field; 3. 'Quality Assurance programs. B. Updates. Revisions and enhancements to the MPDS may be developed from these sources and/or from other research and development at MPC.. 1. When MPC determines that such revisions and enhancements may be useful to its licensees as an "Update" to the current edition of the MPDS, MPC may issue an updated release to licensed users who have maintained their registration current i for the Service and Support Program, per the EULA. a. Such Updates may be accompanied by instructions for updating the MPDS, eg; substitution of new Software and/or Cards for old, or for updating the current edition of the MPDS Cards with stickers, etc. b. Customer's failure to implement Updates, as provided here, within 30 days of receipt of Updates from MPC, may constitute a breach of the End -User License Agreement ("EULA") thereby entitling MPC to terminate the EULA and/or withhold further service and support. i New Editions/Versions. When MPC determines that substantial revisions to the ! MPDS or, other factors justify the release of a new edition/version of the MPDS, MPC will publish a "New Edition/Version" of the MPDS and will cease issuing Updates for preceding editions/versions. 1. Said New Edition/Version then becomes the current edition of the MPDS. It constitutes a new product which can only be obtained through the purchase of a new end -user's license from MPC. a. When a New Edition/Version of the MPDS is first made available by MPC, registered licensed users of the preceding edition/version will be offered, for a fee, a license to use the New Edition/ Version. b. The New Edition/Version will be governed by MPC's then -current end -user license agreement, and P & P. Itns:a1nkr00CY.PoO&P Page 2 of 7- vrr12/6/90Rev: 7110/92 04- 70 i 2. New end -user licenses, as well as updates, will only be issued for the then -current edition of the MPDS. MPC is not obligated to maintain cfr support prior or outdated editions of the MPDS. D. Customer -Service and ProductSup-port via Telephone. The following services and support are available to licensed users who maintain their Service and Suupport Program registration current, per the EULA: 1. During the first 30 days after the License Date, and included in the Initial License Fee: a. One hour per non-integrated EMD Station licensed; or b. Two hours per integrated EMD Station licensed. 2. Thereafter, for the Annual Maintenance Fee specified in the EULA, the number of hours calculated by multiplying the Initial License Fee by .00067. 3. Unused Telephone Service rmd Support hours do not accrue from one current maintenance registration period to the next. E. The plastic/metal flip -files provided with the Cards are designed to protect the Cards under normal conditions of intensive, but proper use. 1.` Manufacturing defects, if any, will be repaired or replaced by the manufacturer for registered licensees when the defective flip -files are returned to MPC within 10 days of receipt, 2. Flip -files which become damaged or inoperable thereafter may be replaced at e MPC's dealer price for hew/replacement-flip-files (the damaged or inoperable flip - file must be returned to qualify for the dealer price). .1.` . AUTHORIZED COPIES and COPYING of the MPDS. A. Medical Priority's MPDS (including, without limitation, Treatment Sequence Protocols and Pre -Arrival Instructions) Cards and Software are copyrighted intellectual properties, and are not in the public domain. B. Unless the pricing of an End -User License Agreement ("EULA") is specific to the contrary, each licensed user of the MPDS .Cards is provided with one set of the MPDS Cards for each EMD Station licensed to use the MPDS Cards at an EMS call -taking center. C. Unless the pricing of an.EUTA is specific to the contrary, each licensed user of the MPDS Software is provided with a set of MPDS Software disks, which the licensed user is authorized to load into their computer -aided dispatch ("CAD") system, for use by only the number of EMD Stations specified in the EULA, and to make a file or backup copy of the program Software. D. Each licensed user of the MPDS Cards shall be provided with one copy of MPC's Advanced MPDS Pocket User Guide which contains a "Facsimile Set" of the complete MPDS Cards, clearly marked: "EXAMPLE ONLY: NOT FOR ON-LINE USE BY MEDICAL DISPATCHERS." 1. This facsimile Card set comes with guidelines as to its intended use for information, orientation, procedural and/or quality assurance, and no other consent is required from the copyright holder for authorized use within these guidelines. �4- 70- I I 2. The copyrighted facsimile Card set may not be reproduced, but additional copies may be obtained by licensed users at MPC's then -current catalog price. E. Except as provided above, no other reproductions of the MPDS Cards or Software may be either made or used (this includes slides, graphics, overheads, printouts, etc). Copyrights and other intellectual property rights will be enforced against both suppliers and users of unlicensed copies or derivative works. All rights not specifically licensed to - end -users are reserved by MPC, which owns and/or controls the copyrights thereto. III. ; AUTHORIZED CUSTOMIZATION of the RESPONSE SECTION of the MPDS: A. CUSTOMIZATION is a matter of matching Priority Dispatch Determinant levels .. (A,B,C,D) with locally determined response capabilities of equipment and professional personnel. This affects the "Response" section only of Cards 1 through 32. The responses to.be inserted in that section of these Cards (bottom right) are determined solely by the licensed end -user. Local EMS authorities are authorized and within their license rights to customize the above -specified bottom right section of the relevant cards without any requirements to either notify MPC or to coordinate these particulars with MPC (unless required by separate consulting agreement), and MPC BEARS NO RESPONSIBILITY OR LIABILITY FOR ACTUAL LOCAL RESPONSES SELECTED OR USED. j B . GRAPHIC EXAMPLE: Y ia►.ass�st� .. I ' A � z B Ud Your I Responses - _ C r Here t p IV. CHANGES: MPDS CARDS AND SOFTWARE. A. All written materials in the MPDS, in cludin (without limitation) Interrogation f Questions, Dispatch Determinants, Pre -Arrival Instructions, Post -Dispatch Instructions and Additional Information are integral to the MPDS, and licensed users are NOT AUTHORIZED TO MAKE CHANGES TO THE MPDS. Changes are made only by the Accepted process specified below in Section IV.B. This is based on the following: 1. Implementation and Familiarity with the MPDS. The MPDS is currently in its 10th revised edition and has been field-tested for over a decade. It is not prudent for any user to seriously consider recommending system changes prior to gaining the practical experience and perspective of implementing the MPDS and running it "as is" at a demonstrated rate of high dispatcher compliance. 9- 70 Y01Lcg:81nk:PA%.,y-r«k:r&r - Page 4 of 7- var:Id:7110/9z i 2. Ouallty Assurance. A Quality Assurance Program is prerequisite to the successful application of the MPDS. Key elements should include as a minimum: t a. MEDICAL CONTROL: As with other'aspects of asound EMS program, a qualified EMS Physician must be engaged as Medical Director. Depending upon the requirements and resources of the EMS system, this may be a part- time or a full-time position. In either case, the Medical Director must be empowered with control over medical policies, procedures and decisions in the system. i. The Medical Director must be regularly involved at all levels, particularly at the "front line" level where the EMDs handle the calls for EMS help. This helps even an experienced EMS Physician to become functionally "dispatch literate." ii. The Medical Director should also attend activities of the Quality Assurance committees and personnel, and evaluate and guide their performance. iii. It is highly recommended that any Medical Director who has not already participated in a National Academy of Emergency Medical Dispatch Executive Certification Course, do so before the end of the 6-month implementation period. This is required for eventual NAEMD Dispatch Center accreditation. b. MEDICAL PRIORITY DISPATCH SYSTEM STEERING and/or MEDICAL REVIEW: One or more committees should be established to set policy and review performance of EMD operations with the MPDS. The Medical Director should participate in all material decisions by these committees - and should be included as a'signatory on any.policy and/or procedural determinations made by such committees. i. Medical Dispatch Review Committee meetings should be held regularly and properly conducted as part of an effective Quality Assurance process. ff. An MPDS Steering Committee should be established and meet at least quarterly to review, evaluate, and/or approve the application of policies and/or procedures affecting MPDS operations. C. CERTIFICATION: It is strongly recommended that all medical dispatchers or calltakers utilizing the MPDS be certified by the NAEMD and all system ; administrators, managers, and supervisors be certified in the NAEMD 1-day t National Executive Certification Course., The MPDS is not intended to be j used by untrained or uncertified individuals. + d. CONTINUING DISPATCH EDUCATION: All dispatchers or calltakers utilizing the MPDS should participate in a structured CDE program that provides necessary relearning, familiarization, and updating with the evolving science of the MPDS. At a minimum it is suggested that 12 hours per year be devoted to CDE. e. DISPATCHER PERFORMANCE EVALUATION AND PROTOCOL COMPLIANCE: It is essential the dispatcher or calltaker closely comply with the MPDS interrogation, prioritization coding, and DLS scripts; To this pur- pose, an organized program of Quality Assurance case review using an objective performance checklist (case template) must be ongoing. It is recommended that a 10% random sample of all medical dispatch calls be reviewed in this manner and the operator's compliance percentages to each area be serially maintained., . VolLq.-51Akra1.y.r„x.r&P - Page 5 of 7- Vrr:73/b/voRsv:7/10/YS ; 94- 70 z Very large agencies may benefit by a >5% random sample. Operators not:com- plying should be officially notified of the findings, retrained, and, if necessary eventually disciplined. Non-compliance to the MPDS has been demonstrated t to significantly decrease its effectiveness and safety. B. Accepted Process for MPDS Modification. In 1988, the National Academy of Emergency. Medical Dispatch was formed as a scientific professional organization for medical dispatch- ing.. Within the Academy's structure exists the College of Fellows -- a select group`of medi- cal dispatch, public safety, and EMS experts that serve to "To conduct an on -going review of the current standards of care and practice in Emergency Medical Dispatch and evaluate the tools and mechanisms used to meet or exceed those standards." This is its Mission Statement. Through a defined process, the Fellows review recommended revisions and improvements to the MPDS in a timely, organized way. The op ley authorized method of MPDS protocol change is by the established scientific method of the College. Individual licensed users are not allowed to change or modify any preprinted text or color coded portion of cards or software unless authorized to do so by MPC as agent of the NAEMD College of Fellows. All licensed users are encouraged to share their significant recommendations, discoveries and data with the College in writing. By this scientific method, all knowledge can be unified and new improvements shared by all licensed users. C. National Medical Dispatch Coding System. The Determinant (and sub -determinant) codes represent the only widely accepted medical dispatch coding system in the world. A unified coding system provides for uniform training, use, data collection, data sharing, and comparative scientific study. The coding system may not be modified in any way not authorized herein or by the License Agreement. However, as previously described in Section IV, it is the licensed user that selects the type of response, whatever it may be, to be generated by any particular code (i.e. 10-D-1). In this way the coding system remains intact while allowing the user full discretion in establishing the local responses "attached" in parallel to these codes. D. Unauthorized changes breach the EULA and the Support and Service Program. Any unauthorized change made and/or implemented by an end -user is a material violation of the End User License Agreement and of copyright law. MPC will not be obliged to provide end -user services and MPDS support as provided herein to any Licensee that so breaches the EULA. E. Derivative Products. In the event any MPDS user creates, knowingly or unknowingly, any derivative product of the MPDS, whether authorized or not by MPC, any such derivative product shall be owned by MPC and its use must be discontinued and the derivative (including all copies or drafts of such work) sent to MPC within 10 days of MPC's written request to do so. V. DISPATCH LITIGATION RISK MANAGEMENT SERVICES. A. For over a decade, MPC has been the principal contributor to the establishment of safe professional standards for Emergency Medical Dispatch care and training. MPC's MPDS, as well as its EMD training and certification programs both meet and exceed every such applicable standard known to MPC. B . Through substantial commitments of expertise and other valuable resources to basic and applied research, development, quality assurance and risk management against dispatch liability, MPC is dedicated and determined to continue setting the standard in EMD. C. Having made hundreds of field installations (and trained many thousands of EMDs) since the MPDS was introduced in 1978, MPC is unaware of any dispatch negligence lawsuit having been filed against an EMS dispatch center using the MPDS, or against - Page 6 of 7- Ver:1:/6/40 Rev:7/10/92 04- 70 m R Exhibit "V " A1TACHMENT to .`Amendment dated 1110194 ("Amendment") to MPDS Training Licensure, Implementation & Maintenance Agreement (NA 4 .. g Bement" 11 i Additional EXHIBIT E to the Agreement: NON -DISCLOSURE & NON -COMPETITION AGREEMENT BETWEENMPC AND EMD TRAINER CANDIDATES { tolie executed prior to approval of Department's candidates under the Agreement as EMD Trainers) x 1 (please see attached) «ben date» Agreement By and Between MPC and Contractor WHEREAS, it has taken MPC substantial time and expense to develop the aforesaid expertise and confidential information, together with its lists of suppliers and customers, etc., and their patronage and goodwill; and WHEREAS, «lastname» understands that the success of MPC depends, in part, on MPC's confidential information, proprietary systems and intellectual properties; and WHEREAS, in an effort to promote MPC's success and to properly service its customers expeditiously and economically, MPC has made, or intends to make «lastname» privy to its proprietary systems, concepts, plans, processes, designs, developments, techniques, improvements, procedures, specifications and ideas developed or utilized by MPC; together with MPC's proprietary programs, hardware configurations, software, passwords, plans, drawings, proposals, designs, product developments, confidential purchasing, sales, distribution and market research information, etc. developed and proven by the Company; and WHEREAS, « lastname» fully understands and agrees that Company's proprietary systems, concepts, plans, processes, designs, developments, techniques, improvements, procedures, specifications and ideas developed or utilized by MPC; together with the Company's proprietary programs, hardware configurations, software, passwords, plans, drawings, proposals, designs, product developments, confidential purchasing, sales, distribution and market research information, etc. developed and proven by MPC are all essential to its future viability, and are trade secrets and intellectual properties which must be treated confidentially by MPC and its employees and independent contractors; WHEREAS, «lastname» recognizes and acknowledges that the Company's proprietary and confidential commercial information constitute trade secrets that are unique, special and valuable intellectual properties of the Company which must be carefully guarded and treated confidentially by MPC and its employees and independent contractors. Such proprietary and confidential commercial information is recognized by the parties to this Agreement to include, without being limited to, the following (in italics): The Company's proprietary manual systems and computer systems and programs (in any form, format or edition in which they may exist, including, without limitation, source and object form, together with their logic pathways, texts, systems and concepts); proprietary concepts and methods of designing such systems and programs, hardware configurations and devices, software, and passwords; proprietaryflip-card reference files, publications, curricula, lesson plans, instructional aids, plans, models, processes, drawings, lists, proposals, designs, product developments, techniques, improvements, procedures, specifications, ideas, research and development; confidential sales, distribution, purchasing and market research data and information used, developed and proven by -2- DmICC CmWAgL Ver: 5MOIRay. 1/"4 94 70 «ben_date* Agreement By and Between MPC and Contractor MPC; together with the Company's business plans and practices, modes of operating, tax and accounting procedures, financial arrangements and information, contract and licensing relationships, information about business opportunities, and its supplier, distributor and customer and prospective customer lists, etc., and confidential information of any such third parties provided to Company in confidence. In addition, products originated by MPC and/or Jeff J. Clawson, M.D., and others under contract with MPC, in which the Company has proprietary information rights and/or intellectual property rights (including, without limitation, MPC's Computer -Aided Dispatch System, Medical Priority Dispatch System -- "MPDS" -- Administrative Information Management System, Emergency Medical Dispatch -- "EMD " -- Treatment Sequence Protocols and/or Systems, Medical Priority Dispatch Protocols and/or Systems, EMD Pre -Arrival Instructions, EMD Post -Dispatch Instructions, and technology related thereto, in whatever form, edition or version in which they may exist); and all related patents, copyrights, trade and/or service marks and/or symbols, research projects and related formulas, logic systems, processes, devices, plans, models, price lists, marketing plans, implementation plans, quality assurance processes, and/or related commercial information. All'. the foregoing collectively to be referred to hereafter as the "Confidential Commercial Information," or "CCI;" and WHEREAS, .« lastname>> recognizes and acknowledges that Oastname» may become privy to other, similarly confidential information belonging to customers of MPC and/or third parties in contractual relationships with MPC who have entrusted same to MPC in confidence; and WHEREAS, «lastnamw> recognizes and acknowledges that MPC's Confidential Commercial Information, together with the confidential information and/or trade secrets of others (as specified immediately above) which have been entrusted to MPC, and all copies thereof, remain the property of MPC during the term of this Agreement and thereafter; and WHEREAS, Oastname>»acknowledges that the intention of this Agreement is to protect and preserve the confidentially of such confidential information, and of MPC's mailing lists, suppliers, trade secrets, intellectual properties, Confidential Commercial Information, and customer «names» and secrets; and WHEREAS, both parties acknowledge that this Agreement concludes and incorporates into it any verbal agreements as -to the subject matter hereof, and that it supplements and ' is in addition to any written employment agreements between the parties hereto; and that without agreeing to terms hereof, «lastname» would not be permitted to work under a -3- o«.►CC ConadAg Ve: 5n/9YRw. 1«, 9470 t , «ben_date» Agreement By and Between MPC and Contractor t : " TLMA for MPC. f NOW, THEREFORE, for and in consideration of the above recitals of the premises, MPC agrees to furnish «lastname» with Confidential Commercial Information (as defined above in italics), and « lastname» agrees to accept and use said information subject to the terms and conditions specified below: 1. RECITALS: All the above recitals are incorporated herein and made a part of this Agreement by this reference. 2. TERM: This Agreement shall commence on the date specified at the top of the first page hereof, and (except for those provisions which specifically survive any termination hereof) shall end 180-days thereafter if a TLMA, as anticipated between «lastname»'s employer and MPC, has not been executed within said initial period; but, if and after any such TLMA has been executed between the parties hereto within said initial period, this Agreement shall remain in full force and effect during the term_ of lastname»'s engagement or authorization thereunder by MPC, and for the periods of time thereafter set forth in this Agreement and in any such TLMA. 3. TERMINATION: a. Either party hereto may terminate this Agreement at any time and for any reason by giving the other 30-days advance written notice of its intent to do so. In any event of termination of this Agreement, «lastname» shall return to MPC an and all l�' � Y " materials pertaining to the CCI which are in «lastname»'s possession, per Section 11, below, of this Agreement. b. Upon any termination hereof, « lastname» shall, within 10 days of any termination, return to <dastname»'s Employer under the TLMA, all CCI and or copies thereof which have been provided to « lastname» under the TLMA and/or under this Agreement, or otherwise. 4. CONFIDENTIAL COMMERCIAL INFORMATION: This Agreement sets forth the terms and conditions agreed to between the parties hereto, whereby MPC does and shall reveal and entrust to « lastname» (verbally, in writing, and/or otherwise) certain proprietary information, intellectual properties and trade secrets which are valuable, special and unique assets of MPC, and which could, if not restricted, be used against' the Company's best interests and to MPC's detriment (herein: the Confidential Commercial Information," or "CCI"). Such information and properties include, but are not limited to, those specified in italics above in the recitals. 4- u«acc cam, vm: s7ro3/Rcv. 116v+ 9470 0 «ben dateo Agreement By and Between MPC and Contractor 5. USE OF THE CCI: The parties understand and agree that a primary purpose of this Agreement is to govern olastriant access to and use of the CCI. olastname)> acknowledges and agrees that the CCI is and shall remain the sole and exclusive property of WC, and that nothing herein shall be interpreted to derogate such exclusive ownership rights of MPC. olastriame)) shall neither claim nor attempt to record any of MPC's trademarks, servicemarks, symbols, copyrights, or patents. MPC's entrustment of any of the CCI to (dastnamw> pursuant to this Agreement is for the sole and strictly limited purpose of assisting (dastriame)) to fulfill (dastriameWs direct, personal duties under the anticipated TLMA of which this Agreement is to become part. Such. entrustment is not (and shall not be construed to be) a sale, lease, license or transfer of any of the CCI, nor, except in specific fulfillment of (dastnameWs direct, personal duties for MPC, is such entrustment an offer, invitation or permit for olastname)> to copy or modify in any way, any part of the CCI; or to transfer by any means, directly or indirectly, or personally or through any other person or entity, any of the CCI to any third party; or, to create any derivative work based upon the CCI; or to keep or use the CCI beyond the limits of this Agreement (or of any other agreement of which this Agreement may become part) without the express, written, prior consent of MPC. Furthermore, olastriameo agrees to hold MPC harmless against any damages to MPC which may arise from Wastnameo's willful disclosure of the CCI in violation of this Agreement. NON -DISCLOSURE: (dastname)) shall not, at any time during the term of this Ag reement (except in specific fulfillment of WastriameWs direct, personal duties under a separate TLMA), or for a period of 5-years after any termination of this Agreement, except as may be authorized by MPC in writing, do the following: a. Disclose any secret, confidential, technical, planning or policy matter relating to any aspects of MPC's business; or b. Disclose any operational, technical, management, financial control system or tax matter, information or process relating to Company and its business; or C. Disclose any trade (dastnameos, trademarks, patents, copyrights, products, mailing or customer lists, designs, systems, formulae, product composition, label, or label design, package or packaging method used by, or contemplated for use by MPC; or d. Make use of, directly or indirectly, any of MPC's secret and confidential methods and techniques of its business, including, but not limited to its Confidential Commercial Information, customer and mailing lists, suppliers, analysis of customer responses, data, figures, sales figures, projections, estimates, tax records, personnel history, accounting procedure, marketing strategies, promotions, etc., for his -5- Dor.ICC CoraWtAgL Ver. Sn/93/Rov. W94 94— 70 %t i «ben date» Agreement By and Between MPC and Contractor own benefit or for the benefit of others presently engaged in business in competition with MPC, or for others who might or could enter into MPC's business; nor divulge the same to'any.person firm or'institution, either by statement, deposition or as a witness, except upon direct writtenauthority of the Company, and MPC shall be entitled to an injunction by a. competent court to enjoin and restrain the unauthorized disclosure of such information as more fully set out hereinafter. e. Otherwise disclose any of the CCI to any third party not specified +, by MPC in writing (except in specific fulfillment of «lasfiame»'s direct, personal duties under a separate TLMA), nor shall vlastname» use any of MPC's CCI to benefit any competition with MPC in any way. 7. NON -COMPETITION: Due to the fact that MPC's proprietary systems have established internationally applicable standards, and MPC is now marketing these systems and related products and services (and seeking to preserve and protect its intellectual property rights) throughout the world, there is no appropriate geographic area limitation applicable to this non -competition provision. For the specific period of time from the date of this Agreement until two years after any termination thereof, «lastname» shall not, without the express, prior, written consent of MPC (which shall not be unreasonably withheld), engage in any of the following activities: a. Directly or indirectly own, manage, operate, control, be employed by, participate in, or be connected in any manner with the ownership, management, operation or control of any business which sells products or services comparable to those being sold by MPC at the time of the termination of employment; b. Directly or indirectly own, manage, operate, control, be employed by, participate in, or be connected in any manner with the ownership, management, operation or control of any business dealing with MPC. C. Directly or indirectly seek or obtain employment with any of the customers of MPC whether as a direct employee or as an independent contractor. lastname> may, however, without violating the terms of this Agreement, engage in any other type or form of business, provided that his services are wholly and totally, unrelated to the business in which MPC is engaged at the termination of this Agreement and that no use is made, directly or indirectly, of MPC's Confidential Commercial Information. 8. REASONABLE RESTRICTION: « lastname» agrees that the restrictions in this Agreement are reasonable and necessary for the proper protection of -6- DMICC CMWAASL ve: "19"", vbw -'N'MYni.rfe'f^`Y»...+.. ...,py R..✓.n).Mf 4. ,..a.. ... .. .-.. :. .. ..-.'. ..:........ ... .. .... .. _. .. ..... .... . .. ...... ..... ,... ... .... ........ ..... . .. .... «ben date» Agreement By, and Between MPC and Contractor the business and interests of MPC and do not deprive him of the means or opportunity for suitably supporting and maintaining himself and his family or for obtaining employment after termination of this Agreement: 9. '` REMEDY: In the event of actual, contemplated or threatened breach of Section 6 (Non -Disclosure) or. Section 7 (Non -Competition) of this Agreement, MPC shall be entitled; without posting any bond, to obtain from any Court of appropriate jurisdiction, an injunction, restraining «lastname» from continuous or anticipated commission of such breach, plus attorneys' fees, costs of suit, and other appropriate relief, including damages. Nothing herein shall be construed as prohibiting MPC from pursuing any other remedies available to MPC for any such breach or threatened breach by (lastname)), including, without limitation, recovery of damages from (lastname)). 10. DISCOVERIES AND IMPROVEMENTS: (dastname)) will disclose promptly to Company and hereby does assign and agree to assign to Company, free from any obligation to him, all of (dastnameWs right, title, and interest in and to any and all inventions, discoveries, improvements, extensions or advancements made, conceived, devised, developed or perfected by him during the term of this Agreement, which: (a) uses equipment, supplies, facilities or trade secret of MPC; or (b) uses any time for which «lastname» may be compensated by MPC; or (c) relates to the CCI of MPC or to its actual or demonstrable research and development; or (d) that results, in whole or in part, from work performed by (dastname)) for MPC and its assigns. (lastname)) agrees to sign all instruments necessary for filing and prosecution of any application for copyrights, or for patents or Letters Patent of Germany or the United I{ States or any other country, or the renewing of any of the aforesaid copyrights, patents or applications ` for Letters Patent, and to sign all instruments necessary for filing and . prosecution of any continued, divisional and reissue copyright and/or patent applications which may be necessary to render the aforesaid inventions, discoveries, improvements, extensions, or advancements effective and in full force. 11. PROPERTY OF COMPANY: Upon any termination of this Agreement, (lastname)) shall surrender to MPC any and all materials containing and/or pertaining to the Confidential Commercial Information (including all copies thereof) that are in «lastnameWs possession, together with like materials, relating to the business of MPC, its affiliates, or its customers. (lastname» acknowledges that all such materials are and shall remain the property of MPC solely, and that « lastname» has no right, title, or other -7- noo.tcc c«raingc ver: 5M93/P".. 1494 94- 70 '.4fhktitlr,+W'vF-^rM.4F.✓'6W ,kv...,:... ..:.... .. .... ... .... „,,.,.... ., ... .., .._ ... .. ,. .. ... .. .. «ben date* Agreement By and Between MPC and Contractor interest in or to such materials. 12. WAIVER: No waiver by any party to this Agreement of any breach or default of any of the terms or provisions hereof shall be effective or be binding upon such party unless the same shall be in writing and signed by or on behalf of such party. 13. AMENDMENT: No alteration, amendment, or modification of this Agreement shall be effective or binding unless in writing and signed by both of the parties hereto. 14. SUCCESSORS: This agreement shall be binding upon and inure to the benefit of any successor of MPC and any such successor shall be deemed substituted for ` UPC under the terms of this Agreement. As used in this Agreement, the term "successor" shall include any person, firm, corporation, or other business entity which at any time, whether by merger, purchase, or otherwise, acquires all or substantially all of the assets of business of MPC. «lastname»'s rights hereunder are not assignable. 15. ENFORCEMENT COSTS: If it becomes necessary for MPC to enforce the terms of this Agreement, and if MPC successfully establishes olastname» 's violation hereof in a court having jurisdiction, then, in those events, «lastname» agrees to pay all attorney's fees and costs of MPC which may arise out of or are incident to such enforcement by MPC of the provisions of this Agreement. 16. EXTENSION: The parties understand and agree that this Agreement ( formalizes their relationship as to the disclosure between the parties of any information relating to the CCL This Agreement thereby extends to all information concerning said CCI which may have been disclosed to «lastnameo prior to the execution of this formal ;. Agreement. This Agreement shall not, however, be construed to prevent «lastname» from the legal and proper use of any information which unquestionably exists in the public domain. 17. LAW & VENUE: This Agreement shall be interpreted and administered under the laws of the United States of America and of the state of Utah, and it is subject to enforcement by Salt Lake City courts having relevant jurisdiction. 18.1 ENTIRE AGREEMENT: This Agreement together with the TLMA expected to be executed by the parties shortly after the execution of this Agreement, constitutesagreement `.the sole and entire a eement and understanding between the parties with 1 respect to the matters covered thereby, there being no other promises, agreements, representations, warranties or statements between them in respect to matters not set forth in this Agreement. In the event of an inconsistency, contradiction or expressly gr Y -8- Aue= CauWAgt Ver. 5/7/93/Rov. 1/664 9470 WHEREAS, the Board of Directors at a duly held corporate meeting have considered the matter in accordance with the by-laws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF 1vIEDICAL PRIORITY CONSULTANTS, INC., that either the president or a Vice President are hereby authorized and instructed to enter into a contract in the name of, and on behalf of this corporation, with the CITY OF MIAMI for a comprehensive Advanced Medical Priority Dispatch System implementation, in accordance with the contract documents furnished by MEDICAL PRIORITY CONSULTANTS, INC., and for the price and upon the terms and payments contained in the proposed contract submitted by MEDICAL PRIORITY CONSULTANTS, INC. and subject to the following contingent requirements: 1. That the accompanying Amendment to the subject Agreement, dated January 10, 1994, be included with the original documentation and be executed by the City of Miami simultaneously with their acceptance and entering into the subject Agreement. f 2. To avoid having open ended obligations executed by this corporation, this authorization and said officers signatures shall only be recognized as validated by this corporation if subject Agreement and Amendment are executed by the City of Miami on or before March 31, 1994. 70 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM CA 1.8 TO Honorable Mayor and Members GATE : 'FEB 4 1904 FILE , of the City Commission SUBJECT Medical Priority Dispatch Training FROM Cesar O REFERENCES City ENCLOSURES: RECOMMENDATION It is respectfully recommended that the City Commission adopt a resolution authorizing the City Manager to enter into a Professional Service Agreement with Medical Priority Consultants, Inc:, for Medical Priority Dispatch Implementation at a cost not to exceed $70,000. Funding will be from Enhanced 9-1-1 Project 196002, 'Index Code No. 290461-340 in the amount of $70,000. In October of 1992, $20,000 was spent for the initial Training Phase of this Project. r BACKGROUND The Department of Fire, Rescue and Inspection Services is j upgrading its medical emergency call taking and dispatching proceduresto meet current nationally recommended minimum standards for Emergency Medical Dispatching Centers. This will be, accomplished by providing training for all Fire Department Communications Operators and their Supervisors in the reception and- management of requests for emergency medical assistance. The training being -provided by Medical Priority Consultants includes Quality Assurande" Process Setup, Refresher Training, Initial Protocol Implementation, Response Implementation and Pro Quality Assurance Installation. The practice and standardization of Emergency Medical Assistance call handling has become more complex over the past few years.' The dispensing of this service has evolved to the point where the citizens of the community are expecting and should be delivered the best service the City of Miami E 9-1-1 operators are capable of ;delivering. The functions of receiving and processing calls for emergency medical assistance, determining appropriate` response levels, coordinating appropriate and available resources, and providing Information and Pre -Arrival instructions are additional duties which the Emergency Medical Dispatch Operator is.expected to deliver to the citizens. 3' t 94 70