HomeMy WebLinkAboutCity of Tamarac Resolution R-92-060Temp. Reso. # 6265
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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
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ENDER
VA .-
RECORD OF COUNCIL
MAYOR bt-W-PE
DISTRICT 1:e�M KArz:-
DISTRICT
DISTRICT 3:
DISTRICT 4:��'°t`'�Tz
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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:
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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.
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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.
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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.
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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
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CITY OF TAMARAC, FLORIDA
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DR. H. WAYINE LEE
CITY OF TAMARAC, FLORIDA