HomeMy WebLinkAboutCity of Tamarac Resolution R-96-2241
Temp. Reso. #7550 1
Revision #1: 9/12/96
Revision #2: 9/18/96
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-96- 2-Z&4
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE
CITY OF TAMARAC AND DR. H. WAYNE LEE, MD, PA (A
PROFESSIONAL ASSOCIATION), FOR MEDICAL DIRECTION
OF ADVANCED LIFE SUPPORT TRANSPORT SERVICE
WITHIN THE CITY AT A COST OF $24,000 FOR FY97 AND A
COST OF $30,000 FOR FY98, OR A TOTAL COST OF
$54,000.00; PROVIDING FOR CONFLICTS; PROVIDING FOR
�9.EVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac will begin Advanced Life Support Transport (ALS)
service on October 1, 1996; and
WHEREAS, the State of Florida requires a medical director for cities providing ALS ; and
WHEREAS, Dr. Lee has been the Medical Director for Tamarac since April 1992 and
during the transition to ALS transport the continuity of medical direction is important; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the
best interests of the citizens and residents of the City of Tamarac to contract with Dr. Lee as for
medical direction.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: The appropriate City officials are hereby authorized to execute the
Agreement between the City of Tamarac, Florida, and Dr. H. Wayne Lee, MD, Pa ( A
professional association), for medical direction, at a cost of $24,000 for FY97 and At a cost of
$30,000 for FY98, or a total cost of $54,000.00. (A copy of the Agreement is attached as Exhibit
"A„)
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Temp. Reso. #7550 2
Revision #1: 9/12/96
Revision #2: 9/18/96
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption. r
PASSED, ADOPTED AND APPROVED this p( day of Q-lL
0 be , 1996.
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
have approved this
SOLUTION as to f rm.
'dLa
MI C ELL S. KRAF
CITY ATTORNEY
NORMAN ABRAMOWITZ
MAYOR
RECORn nF COMMISSION VOTE
MAYOR
DIST 1:
DIST 2:
DIST 3:
DIST 4:
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Exhibit A
AGREEMENT BETWEEN CITY OF TAMARAC AND H. WAYNE
LEE, M.D., PA, TO PROVIDE THE SERVICES OF A MEDICAL
DIRECTOR FOR CITY'S PARAMEDIC PROGRAM
THIS AGREEMENT made and entered into this tD day of October, 1996, by and
between:
CITY OF TAMARAC, FLORIDA
(a Florida municipal corporation)
7525 N.W. 88" Avenue
Tamarac, Florida 33321
(hereinafter referred to as "CITY")
H. WAYNE LEE, MD, PA
(a Florida professional association)
2400 East Commercial Boulevard, Suite 1200
Fort Lauderdale, Florida 33308
(hereinafter referred to as "LEE")
WITNESSETH:
WHEREAS, CITY has been granted a certificate of Public Convenience and Necessity
(COPCN) from Broward County to provide Class 1 - ALS Rescue services effective
October 1, 1996; and
WHEREAS, effective October 1, 1996, CITY will be providing full medical rescue
services to its citizens; and
WHEREAS, Chapter 401, Florida Statutes, and Rule Chapter 1OD-66, Florida,
Administrative Code, provide the requirements for an agency providing an Emergency
Medical Services System which employs or utilizes paramedics to perform Advanced Life
Support procedures to hire a Medical Director who is a licensed physician pursuant to
Chapter 458, Florida Statutes; and
WHEREAS, it is necessary for CITY to hire a Medical Director in order to provide the
required services; and
WHEREAS, the state of the art of delivery of advanced emergency medical rescue
services by paramedics trained to the level of advanced emergency medical techniques
Ll
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SC --'-Z
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Exhibit A
City of Tamarac and H. Wayne Lee, MD, PA
Agreement for Medical Direction
(EMT -II) requires intravenous administration of emergency resuscitative drugs and
performances of sophisticated technical emergency procedure; and
WHEREAS, the administration of drugs and performance of such emergency procedures
as endotracheal intubation, intravenous catheterization, electrical defibrillation, and any
other invasive emergency procedure may only be performed under the direction of a
licensed Florida physician pursuant to Chapter 458, Florida Statutes, relating to Medical
Practice; and
WHEREAS, CITY wishes to comply with all state statutes and with all rules and
regulations of the State of Florida; and
WHEREAS, CITY is desirous of obtaining the services of LEE and to provide the
training as contemplated herein to CITY employees participating in CITY'S paramedic
program; and
WHEREAS, LEE is a professional association which is controlled by Dr. H. Wayne Lee
who is both competent and desirous of providing such services to CITY and can provide a
licensed physician(s) in the State of Florida with experience in emergency medicine;
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other good and valuable considerations, the parties hereby agree as follows:
Section 1.0 The above WHEREAS clauses are true and correct and incorporated
herein as if set forth thereunder.
Section 2.0 SCOPE OF SERVICES
2.01 LEE shall provide the following services:
(a) Consultation in planning for emergency medical rescue services provided
by the Tamarac Fire Department including recommendations for the
provisions of vehicles, equipment, supplies, distribution of resources,
personnel, emergency medical technician training, and utilization of medical
facilities.
(b) Devise training programs as required by state law in order to meet the
paramedic recertification standards with assistance from the Tamarac Fire
Department. This should also include programs for advanced cardiac life
support certification and other specialty programs.
Page 2 of 10
'c-2 ;2 Y
Exhibit A
City of Tamarac and H. Wayne Lee, NO, PA
Agreement for Medical Direction
(c) Coordinate hospital and emergency department liaison between the various
community hospitals and the emergency medical services of the Tamarac
Fire Department.
(d) LEE or his designee shall assist in the coordination of telemetry radio
communications of the Tamarac Fire Department emergency medical
rescue units for the purpose of medical supervision of on -site emergency
medical care by the paramedics.
(e) Provide liaison and representation with any agency, institution, or
organization affecting the education of paramedics or community policies
regarding the provision of emergency medical services, as needed.
(f) Provide a qualified emergency department physician or designee, who shall
be a minimum of a paramedic, who shall ride with the paramedics on a
periodic basis to provide onsite training and evaluation.
(g) Establish a quality management program which will include the
establishment of methodology for quality improvement.
i) Provide for regular review of medical rescue reports prepared by
the paramedics and review all problem cases as necessary.
(h) Become a member of the Florida Medical Director's Association within
thirty calendar (30) days of execution of this agreement. In the event that
the professional association cannot be a member of the Florida Medical
Director's Association, then LEE shall designate an individual physician
who shall apply for said membership.
(i) It is understood and agreed that LEE may perform the duties and
obligations set forth under this contract through the services of its
president, Dr. H. Wayne Lee, or an associate physician; but at all times,
LEE shall be responsible for any certifications, advice and participation in
the program of said physician(s), as if it were performing said services.
(j) Establish a routine monthly meeting schedule, at CITY's request, with
CITY's Fire Chief and applicable staff for the purposes of education and
quality review for one to two hours monthly.
(k) Maintain necessary CME records which will be kept along with
documentation of meeting attendance, when appropriate. Additionally,
LEE shall assist in license recertification.
(1) Develop protocols and revise as required.
Page 3 of 10
Exhibit A
City of Tamarac and H. Wayne Lee, MD, PA
Agreement for Medical Direction
(m) Provide full-time medical direction (24 hours a day) by a competent
physician, either LEE or an associate physician,. who will be on call to
answer questions within the scope of this Agreement.
(n) Provide all services pursuant to Rule 10-D66.0505(4) of the Florida
Administrative Code, as amended from time to time.
2.02 The Tamarac Fire Department will provide administrative liaison to LEE through
the direction of its Chief and will cooperate to the greatest possible extent in the delivery
of competent emergency medical care including implementation of the policies set by LEE.
Section 3.0 TERM
3.01 This agreement shall be effective on October 1, 1996 and terminate on September
30, 1998, unless otherwise terminated pursuant to the terms of this Agreement. However,
notwithstanding the foregoing, either party shall have the right to terminate this agreement
at any time upon giving ninety (90) calendar days written notice to the other party.
3.02 If any party violates or defaults upon any of the terms and conditions of this
Agreement, the aggrieved party shall provide written notice, as contained in Section
15.01, to the other party of such violation or default and the party shall have fifteen days
to correct the violation or default. If the violation or default is not satisfactorily resolved
within the timeframe of this Agreement or within thirty (30) days following this
Agreement, the aggrieved party may terminate this Agreement. In the event, the
Agreement cannot be resolved satisfactorily, CITY agrees to compensate LEE for services
completed up to and through the termination or extension date of the Agreement and
throughout the correction period. Each party shall in good faith attempt to correct any
violation or default for completion of the terms of this Agreement.
Section 4.0 CONSIDERATION
LEE shall be paid as follows:
4.01 LEE shall be paid a total of fifty four thousand and 00/100 dollars for the term of
this Agreement to be paid as follows:
(a) For the period October 1, 1996 through September 30, 1997, LEE shall be
paid two thousand and 00/100 dollars ($2,000.00) per month.
• (b) For the period October 1, 1997 through September 30, 1998, LEE shall be
paid two thousand five hundred and 00/100 ($2,500.00) per month.
Page 4 of 10
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Exhibit A
City of Tamarac and H. Wayne Lee, MD, PA
Agreement for Medical Direction
4.02 For the services provided pursuant to this agreement, LEE shall invoice CITY
monthly. Payments shall be made within fifteen (15) calendar days following the receipt of
LEE's invoice for services rendered. The invoice shall be submitted to Fire Chief, City of
Tamarac, 7501 N.W. 88`" Avenue, Tamarac, Florida 33321.
4.03 In no event shall sums paid by CITY exceed the aforementioned dollar amount
during the Agreement period; however, if services exceed those contemplated thereunder,
the parties will negotiate the cost of such service, which will be an addition to this
Agreement.
Section 5.0 INSURANCE
5.01 It is understood between the parties hereto that LEE shall maintain malpractice
insurance to adequately cover LEE and its physician(s) or its associate(s) for the services
to be performed under this Agreement and shall provide a certificate of insurance to CITY
prior to the effective date of this Agreement.
5.02 CITY maintains a self-insurance fund, which provides for liability coverage. CITY
is a qualified Self -Insurer as required by Florida Statutes. CITY hereby warrants that such
insurance is now, and will be continuously in effect and CITY shall provide proof of same
to LEE upon request.
Section 6.0 INDEMNIFICATION
6.01 LEE shall indemnify, defend, save and hold harmless, CITY and all of its officers,
agents or employees from all suits, actions, claims, demands, liabilities, of any nature
whatsoever, arising out of, because of or due to breach of this Agreement by LEE, its
agents or employees or due to any negligent or wrongful act or occurrence of omission or
commission of LEE, its agents or employees, while engaged in any work relating directly
or indirectly to performance of this Agreement.
6.02 CITY covenants and agrees to indemnify and hold harmless LEE from any and all
liabilities and obligations arising out of the relationship set forth herein, if such liability
shall be as a result of any acts of omissions on the part of CITY or its employees.
6.03 Nothing in this Agreement waives or alters or is intended to waive or alter any of
the rights, privileges or immunities afforded to CITY under Florida Statute 768.28 or the
common law.
Page 5 of 10
Exhibit A
City of Tamarac and H. Wayne Lee, MD, PA
Agreement for Medical Direction
Section 7.0 TRAINING
7.01 It is understood and agreed by the parties hereto that should it be determined that
any participant in the paramedic training program, as set forth herein, not have the
requisite skills to continue in such paramedic training or to perform services as a
paramedic, LEE shall immediately notify CITY in writing of the name of such employee
and the reason for belief of such participant's lack of skills to serve as a paramedic. Within
five (5) calendar days after receipt of LEE's notice as to training, CITY shall determine
whether participant may continue in such training. However, should CITY fail to notify
LEE within five (5) calendar days as to the participant's termination from such training,
CITY agrees that LEE shall not be liable for any injuries directly resulting from the acts of
said participant and LEE shall be held harmless as set forth in Section 5 of this Agreement.
7.02 Notwithstanding the foregoing, within five (5) calendar days after receipt of
LEFS notice with regard to the lack of skills of an acting paramedic (not trainee), CITY
shall determine whether the individual paramedic is terminated or in the alternative,
relieved from all active duties pending satisfactory completion of additional training. In no
event shall a paramedic who has been cited by LEE as lacking the adequate skills required
of said profession, be permitted to service and ride as an active paramedic unless the
person is deemed qualified as determined in the sole discretion of LEE.
7.03 The parties hereto acknowledge that all paramedics are performing duties under
the license of LEE as CITY' S Medical Director and that LEE shall, therefore, be granted
the final determination regarding the adequacy of skills demonstrated by each paramedic.
Section 8.0 TERMINATION
8.01 CITY shall have the right to terminate this agreement other than specified above
only upon the following:
(a) That LEE has failed to comply with the terms of this agreement;
(b) That LEE has failed to provide competent services as Medical Director;
and,
(c) That LEE is unable to perform services as provided for herein for some
reason not attributable to CITY.
8.02 Should CITY terminate this agreement for any of the above reasons, CITY agrees
to pay LEE for all services rendered up to the time of termination. Such payments shall be
made within fifteen (15) days after the termination of this agreement provided that all
property belonging to CITY shall be returned prior to release of monies owed to LEE.
Page 6 of 10
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Exhibit A
City of Tamarac and H. Wayne Lee, MD, PA
Agreement for Medical Direction
Section 9.0 COMPLIANCE WITH APPLICABLE LAWS
9.01 LEE shall comply with all statutes, laws, ordinances, rules, regulations and lawful
orders of the United States of America, State of Florida, City of Tamarac and of any other
public authority which may be applicable to this Agreement.
Section 10.0 INDEPENDENT CONTRACTOR STATUS
10.01 LEE and its employees, volunteers and agents shall be and remain independent
contractors and not agents or employees of CITY with respect to all of the acts and
services performed by and under the terms of this Agreement. This Agreement shall not in
any way be construed to create a partnership, association or any other kind of joint
undertaking or venture between the parties hereto.
Section 11.0 ASSIGNMENT
11.01 LEE shall not assign, delegate, transfer or otherwise encumber any rights,
obligations, facilities or services provided by or resulting from this Agreement without the
written consent of CITY.
Section 12.0 SEVERABILITY
12.01 Should any part, term or provision of this Agreement be found by a court of
competent jurisdiction to be illegal or in conflict with any law of the State, the validity of
the remaining portions or provisions shall not be affected thereby.
Section 13.0 VENUE
13.01 Any claim objection or dispute arising out of the terms of this Agreement shall be
litigated in the Seventeenth Judicial Circuit in and for Broward County, Florida.
Section 14.0 ENTIRE AGREEMENT, NO ORAL MODIFICATION
14.01 This Agreement represents the entire and integrated agreement between CITY and
LEE, and supersedes all prior negotiations, representations or agreements, whether
written or verbal. This Agreement may only be amended by written instruments signed by
both CITY, through its Commission, and LEE and may include other services only if
directly related to the intent and strict scope of this Agreement. The failure of a party to
insist on strict performance of any of the terms of this Agreement shall not be construed as
Page 7 of 10
•
Exhibit A
City of Tamarac and H. Wayne Lee, MD, PA
Agreement for Medical Direction
a waiver or relinquishment for the future of any term, condition or election but the same
shall remain in full force and effect.
Section 15.0 NOTICES
15.01 Notices required by this Agreement shall be deemed delivered upon mailing by
certified mail, return receipt requested, to the following persons and addresses:
CITY: Fire Chief
City of Tamarac Fire Rescue
7501 N.W. 88`" Avenue
Tamarac, Florida 33321
COPY TO:
City Manager
City of Tamarac
7525 N.W. 88 h Avenue
Tamarac, Florida 33321
LEE: H. WAYNE LEE, MD, PA
(a Florida professional association)
2400 East Commercial Boulevard, Suite 1200
Fort Lauderdale, Florida 33308
Page 8 of 10
�6
Exhibit A
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City of Tamarac and H. Wayne Lee, MD, PA
Agreement for Medical Direction
IN WITNESS WHEREOF, CITY of Tamarac and H. Wayne Lee, MD, PA, a Florida
professional association, have caused these present to be executed in their respective
names by the proper officials the day and year first written above.
ATTEST: CITY OF TAMARAC, FLORIDA
Date: 10 -1(P- 9 to
Vrm—an—Ajbramowitz
Mayor "
Carol A. Evans obert S. Noe, Jr
City Clerk City Manager
Date: 10 - 114 -- R ( _
Approved as to Form:
City Attorney
State of Florida
County of Broward
The foregoing instrument was acknowledged before me, the undersigned Notary
Public in and for the State of Florida, on this, the I (p day of oc'-fi2L" " ,
19 6, Norman Abramowitz, Mayor, and Robert S. Noe, Jr., City Manager, respectively.
Notary Public
Seal of Office
r9•»NO»T»AR»Y»• »»KAma Jackwa
Nou of Florida
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No#try Public, State of Florida
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Prin typed or stamped name of Notary Public
exactly as commissioned
Individuals who signed are personally known;
no identification produced; oath was taken.
Page 9 of 10
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i Exhib t A
City of Tamarac and H. Wayne Lee, MD, PA
Agreement for Medical Direction
ATTEST: H. WAYNE LEE, MD, PA, A FLORIDA PROFESSIONAL
ASSOCIATION
H. W yne Lee, MD
State of Florida
County of Broward
The foregoing instrument was acknowledged by H. Wayne Lee MD President
Ph sician AssociatesFlorida Prof s ional Association, on behalf of the Association
before me, the undersigned Notary Public in and for the State of Florida, on this, the
day of�e��-►G�
Notary Public, State of Florida
Notary Public �Y'G PATRICIA P ENNIS
Seal of Office $1 COMMISSION 0 CC 511231
EXPIRES NOV 21, 1999
���OiF� ! ATLANTIC ted yped or stamped name of Notary Public
exactly as commissioned
Individuals who signed are personally known;
no identification produced; oath was taken.
Page 10 of 10