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HomeMy WebLinkAboutCity of Tamarac Resolution R-92-060Temp. Reso. # 6265 3 2 CITY OF TAMARAC, FLORIDA 3 RESOLUTION NO. R-92-- 60 6 A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT 5 WITH DR. H. WAYNE LEE TO PROVIDE MEDICAL DIRECTOR SERVICES TO THE FIRE DEPARTMENT; 6 AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City officials are hereby authorized to execute an Agreement with Dr. H. Wayne Lee to provide Medical Director Services to the Fire Department at a cost to the City, effective April 1, 1992, of one thousand dollars ($1,000.00) per month, a copy of said agreement being attached hereto as "Exhibit 1". SECTION 2: This resolution shall become effective immediately upon adoption. Q-01 PASSED, ADOPTED AND APPROVED this U day of r ,1992. ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this Resolution to —form. S, TC LL S. KKK CITY ATTORNEY 34 35 ENDER VA .- RECORD OF COUNCIL MAYOR bt-W-PE DISTRICT 1:e�M KArz:- DISTRICT DISTRICT 3: DISTRICT 4:��'°t`'�Tz 11 i „rx,_,. AGREEMENT % i ` b and between THIS AGREEMENT entered into this � day of �^ ; .•� y the CITY OF TAMARAC, a Florida corporation organiz " d an existing under the laws of the State of Florida, (hereinafter referred to as CITY), AND H. WAYNE LEE. M.D,. P.A., a Florida professional association, whose address is 3000 Northeast 30 Place, Suite 211, Fort Lauderdale, FL 33306, (hereinafter referred to as LEE). WITNESSETH: WHEREAS, medical rescue services are provided by the CITY for its citizens; WHEREAS, the state of the art of delivery of emergency medical rescue services by Firefighters trained to the level of emergency medical technicians requires performance of sophisticated technical emergency procedure; and WHEREAS, electrical defibrillation, and other emergency procedures may only be performed under the direction of a licensed Florida physician according to the Medical Practice Act of the State of Florida; and WHEREAS, the CITY is desirous of obtaining the services of LEE and to provide the training as contemplated herein to the CITY employees participating in the CITY's • 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 the CITY and can provide a licensed physician(s) in the State of Florida with expereince in emergency medicine; and WHEREAS, CITY wishes to comply with all state statutes and with all rules and regulations of the State of Florida; NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable considerations, the parties hereby agree as follows: PAGE 1 11� _q ;.-6 o '' ARTICLE 1_._ SCOPE OF SERVICES LEE shall provide the following services: 1) Full-time Medical Direction by a competent Florida licensed physician - either LEE or his associate physician will be on call and available 24-hours a day for the City to answer questions within the scope of this agreement; 2) LEE shall be responsible for any certifications, advice or partici- pation of his associate physician as if LEE were directly performing the service; 3) Protocol Development - Protocols will be developed and revised as needed. LEE will review and approve the training of Emergency Medical Technicians who will function under LEE's direction. 4) Monthly Meetings - In concert with the Fire Chief and his staff LEE will establish a routine monthly meeting, usually to be held in the evening and lasting one to two hours for the purposes of education and quality review; 5) Record Keeping - Necessary Continuing Medical Education records will be kept along with documentation of meeting attendance. Additionally, LEE will assist in license recertification; 6) Quality Assurance - LEE will establish a quality assurance program which will include the establishment of a methodology for quality improvement; 7) Provide all services as are specifically contained in Section 1OD-66.0505 (4) (b) of the Florida Administrative Code, as amended. PAGE 2 0 ARTICLE II The CITY agrees to the following: a. 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. b. To pay to LEE as follows: For each month including March 1992, the sum of one thousand dollars ($1,000.00) per month for the services provided pursuant to this agreement, and such payments shall be made within fifteen (15) days following the receipt of LEE's invoice for such services rendered. For each incomplete monthly service, payment shall be prorated accordingly based on number of days of service. ARTICLE III a. It is understood between the parties hereto that LEE shall maintain insurance and shall provide a certificate of insurance in an amount adequate to the CITY covering LEE and its physician(s) for the services to be performed under this contract. b. CITY agrees to provide adequate liability insurance coverage for its employees while under the training and supervision of LEE, which coverage shall be reviewed and approved by LEE. C. 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. However, nothing contained herein shall be deemed a waiver of the CITY's sovereign immunity. d. LEE covenants and agrees to indemnify and hold CITY and any of its employees harmless from any liabilities and allegations arising out of this agreement if such liability shall be a result of any acts or omissions on the part of LEE. PAGE 3 LI Ile- �,,2-&O 1� ARTICLE IV a. It is understood and agreed by the parties hereto that should it be determined that any participant in the EMT training program, as set forth herein, not have the requisite skills to continue in such training or to perform services as an EMT, LEE shall immediately notify the CITY in writing of the name of such employee and the reason for belief of such participant's lack of skills to serve as an EMT. Within five (5) days after receipt of LEE's notice as to training, the CITY shall determine whether participant may continue in such training. However, should the CITY fail to notify LEE within five (5) days as to the participant's termination from such training or should the CITY allow the participant to continue 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 Article III above. In no event shall an EMT who has been cited by LEE as lacking the adequate skills required of said profession, be permitted to service and ride as an EMT unless the person is deemed qualified as determined in the sole discretion of LEE. The parties hereto acknowledge that all EMTS are performing duties under the license of LEE as the CITY's medical director and that LEE shall, therefore, be granted the final determination regarding the adequacy of skills demonstrated by each EMT. ARTICLE V Either party shall have the right to terminate this agreement upon giving thirty (30) days' written notice to the other party. The CITY shall have the right to terminate this agreement immediately upon written notice upon the following: • 1. That LEE has failed to comply with the terms of this agreement; 2. That LEE has failed to provide competent services as medical director; 3. That LEE is unable to perform services as provided for herein for some reason not attributable to the CITY. 4. That service delivered by the CITY changes substantially to the extent that the services of a medical director are no longer required. Should the 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 ten (10) 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 4 0 (1 ( ARTICLE VI a. This agreement incorporates and includes all prior negotiations, correspondence, conversions, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. b. It is further agreed that no modifications, amendments, or alterations in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. el �'U CITY CLERK APPROVED AS TO FORM: M TCHELL KRAFT CITY ATTORNEY 0 PAGE 5 CITY OF TAMARAC, FLORIDA '16 4 - C .� 10 DR. H. WAYINE LEE CITY OF TAMARAC, FLORIDA