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2 <br />that the percentage increase to be applied to $5800 for calendar year 2026 compensation will <br />be the percentage index increase for CPI-U June 2024 to June 2025, up to a maximum of 3.5%. <br />Work in addition to, or different from, the Services set forth herein shall only be allowed by <br />prior authorization, in writing, by the City and shall be subject to the terms and conditions of <br />this Agreement and billed at an hourly rate as agreed in writing by the Fire Chief or designee <br />and Physician. <br />5.INSURANCE. During the term of this Agreement and any renewals thereto, Physician <br />shall maintain malpractice insurance to sufficiently cover the duties herein and provide proof of <br />such to the City. This medical malpractice insurance coverage shall be for all the actions taken <br />while in the service of the City; provided, however, that if Physician changes insurance carriers <br />it shall provide a tail insurance coverage for at least three (3) years following the termination <br />date of this Agreement. <br />6.COOPERATION. Physician shall cooperate with the Snohomish County Medical Program <br />Director (the “MPD”) in the administration of this Agreement. <br />7.INDEMNIFICATION. Physician agrees to indemnify and hold the City harmless from all <br />liability based upon negligent acts or omissions of Physician or violations of law in the <br />performance of this Agreement or breach of any term of this Agreement. The parties <br />acknowledge that RCW 18.71.215 may provide indemnification by the Department of Health for <br />approved medical program directors, delegates or agents for any acts or omissions committed <br />in good faith in the performance of Physician’s duties. <br />8.TERMINATION <br />8.1. Either Party may terminate this Agreement with or without cause, upon forty- <br />five (45) days’ written notice to the other party. <br />8.2. The City may terminate this Agreement upon thirty (30) days’ prior written <br />notice to Physician if (i) Physician fails or refuses to comply with any material <br />term of this Agreement or (ii) Physician abandons its obligations under this <br />Agreement for more than ten (10) days without the City’s prior written approval. <br />8.3. This Agreement shall terminate immediately if (i) the Medical Program Director <br />fails to delegate or rescinds delegation of any duties identified in <br />WAC 246-976-920; (ii) Physician’s license to practice medicine in Washington <br />State is revoked, suspended, restricted, or expires; or (iii) Physician is convicted <br />of any offense punishable as a felony or engages in unprofessional conduct, as <br />defined in RCW 18.130.180. <br />8.4. Physician may terminate this Agreement immediately upon written notice to the <br />City if (i) the City fails substantially to perform any material term of this <br />Agreement and (ii) that failure continues for a period of thirty (30) days after <br />Physician has given the City written notice of that failure.