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HomeMy WebLinkAboutResolution_03-03/04_10/06/2003• RESOLUTION NO. 3 - 03/04 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING THE MEDICAL DIRECTOR AGREEMENT WITH DON T. TANABE, M.D., AND AUTHORIZING THE MAYOR TO EXECUTE TAE SAME ON BEHALF OF THE VILLAGE OF TEQUESTA. • NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Medical Director Agreement between the Village of Tequesta and Don T. Tanabe, M.D., attached hereto as Exhibit "A", and incorporated by reference as a part of this Resolution, is hereby approved and the Mayor of the Village is hereby authorized to execute the same on behalf of the Village of Tequesta. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember Genco, who moved its adoption. The motion was seconded by Councilmember Watkins, and upon being put to vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Edward D. Resnik Russell J. von Frank Joseph N. Capretta Geraldine A. Genco Pat Watkins n U The Mayor thereupon declared the Resolution duly passed and adopted this 6t'' day of October A. D: ~-003. - MAYOR OF TEQUESTA ~~ ATTEST: Edward D. Resnik i S L~. ~ ~~ LL Village lerk .~ • MEDICAL DIRECTOR AGREEMENT THIS AGREEMENT, made and entered into this 6th day of October, 2003, by and between the VILLAGE OF TEQUESTA, a municipal corporation under the laws of the State of Florida (hereinafter referred to as "Village"), and DON TANABE, M.D., a Florida licensed physician (hereinafter referred to as "Medical Director"). W I T N E S S E T H: WHEREAS, emergency medical services are provided by the Village of Tequesta by and through its Department of Fire-Rescue Services which employs paramedics to perform advanced life support; and • WHEREAS, Section 401.265, Florida Statutes, requires that any emergency medical services system which utilizes paramedics to perform advanced life support procedures must employ or contract with a medical director; and WHEREAS, the aforementioned statute and Chapter 64E-2 of the Florida Administrative Code set out certain criteria and requirements for said medical director; and WHEREAS, the Village desires to employ physician to serve as medical director and medical direction to the employees of the Tequesta Department of Fire-Rescue Services appropriate patient care and consistency. • a licensed to provide Village of to insure M:\Administration Documents\Proposals & Contracts j • NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties agree as follows: I. DESIGNATION OF MEDICAL DIRECTOR The Village does hereby engage Don Tanabe, M.D., a licensed physician in the State of Florida, as Medical Director for the Village's Emergency Medical Service System. II. DUTIES AND RESPONSIBILITIES The Medical Director shall: A. Be the Medical Director for the Village of • Tequesta Emergency Medical Service System. For the purposes of this agreement, the Village of Tequesta Emergency Medical Service System shall include emergency medical technicians, paramedics, captains, lieutenants, firefighters and volunteer firefighters working for or providing services for the Village of Tequesta Department of Fire-Rescue Services; B. Supervise and accept responsibility for the medical performance of the emergency medical technicians, paramedics, captains, lieutenants, firefighters and volunteer firefighters working for or providing services to the Village of Tequesta Department of Fire-Rescue Services; C. Develop and authorize, or review and autharize • for use, medically correct standing orders and/or protocols that permit specified ALS procedures M:\Administration Documents\Proposafs & Contracts 2 • when communication cannot be established with a supervising physician or when any delay in patient care would have potential life or limb threatening consequences. Standing orders and protocol shall insure that patients are transported to facilities that offer a type and level of care appropriate to the patient's medical condition. The Medical Director or his appointee shall provide continuous twenty-four (24) hour per day availability of Medical Director "off-line" service for potential problems, system conflicts and disaster events; D. Audit the performance of the Village's Department of Fire-Rescue Services personnel by use of a quality assurance program to include, but not be • limited to, a prompt review of run reports, direct observation, and comparison of performance standards for drugs, equipment, and established protocols and procedures E. Be responsible for participating in quality assurance programs developed by the Department of Health and Rehabilitation Services; F. Ensure and certify that security procedures for _ medications, fluids and controlled substances are in compliance with Chapter 499, Florida Statutes, and Chapter 893, Florida Statutes; G. Specify medication substitutions in writing; H. Submit to the Department of Health and Rehabilitation Services, within thirty (30) days of any deviation from the approved trauma • transport protocols, a copy of the run report and a written explanation regarding the deviation; M:\Administration Documents\Proposals & Contracts 3 • I. Conduct one (1) meeting per month of not less than two (2) hours for the purpose of training and educating the Village's personnel in the Department of Fire-Rescue Services; J. Assist in identifying the specific medical skills and knowledge which the Village's personnel within the Department of Fire-Rescue Services must possess to achieve the desired level and standard of care; K. Assist in providing the necessary training in the special medical skills and knowledge which the Village's personnel within the Department of Fire-Rescue Services must possess to achieve the desired level and standard of care; L. Provide a minimum of eight (8) hours per month attendance at the Fire-Rescue headquarters to participate in monthly quality assurance planning meetings, to deliver monthly in-service training with department personnel, perform physician level call review on random medical reports and participate as a crew member on the response unit; M. Be responsible for complying with Florida Statutes Section 401.265 (2003}, as amended from time to time, all laws and administrative regulations promulgated in accordance with Chapter 401, Florida Statutes (2003), as amended from time to time, and all rules of the Department of Health and Rehabilitation Services and shall perform all duties enumerated in Section 64E-2.004, Florida Administrative Code (2003), as amended from time to time. M:\Administration Documents\Proposals & Contracts 4 • III. DUTIES OF THE VILLAGE A. In consideration for the services provided by Medical Director, the Village hereby agrees to pay Medical Director Nine Hundred and Twenty-Five Dollars ($925.00) per month, payable monthly, during the term of the agreement. i. If the contract is extended in accordance with Section V (CONTRACT TERM), the Nine Hundred and Twenty-Five Dollars ($925.00) per month compensation shall be considered the Base Amount. • ii. Each year thereafter, the Base Amount shall be adjusted up or down from the compensation rate from the previous contract year by annual indices from the Bureau of Labor Statistics Southeastern Regional offices for May, utilizing the Consumer Price Index (CPI) for all Urban Consumer-South to arrive at the new compensation rate for the next fiscal year. In the event that during the term of this Agreement the above-referenced indices are no longer published, then the parties hereto agree to substitute therefore a mutually agreeable new index. • B. The Village shall provide the Medical Director insurance coverage for medical malpractice with M:~Admini5tratlon Documents\Proposals & Contracts 5 . liability limits of $1,000,000.00 for claims arising out of the scope and performance of activities specified in this agreement, and specifically as Medical Director for the Village of Tequesta. C. The Village will provide Medical Director with a pager and/or cell phone to assure communications with personnel if needed, to perform his duties as Medical Director for the Village of Tequesta. IV. INDEPENDENT CONTRACTOR RELATIONSHIP A. The Medical Director is an independent contractor who will be responsible for payment of federal withholding tax and social security • contributions. Furthermore, the Medical Director shall not be entitled to any fringe benefits normally provided to Village Employees such as worker's compensation, unemployment compensation, retirement, disability leave and any leave with pay. B. To the extent that some of the services provided by the Medical Director may cause the Medical Director to be defined as a Business Associate under 45 CFR Parts 160 and 164 issued under the Health Insurance Portability and Accountability Act of 1996 (the "Privacy Rule") and the Village of Tequesta Fire-Rescue Department in its capacity as a Covered Entity, as defined in the Privacy Rule, is required to comply with Sections • 164.504 (2}(ii) of the Privacy Rule, the Medical Director shall; M:\Administration Documents\Proposals & Contracts 6 • a. Not use or further disclose Protected. Health Information ("PHI"), other than as permitted or required by this Agreement or as required by law; b. Use appropriate safeguards to prevent use or disclosure of PHI other than as provided far in this Agreement; c. Report to the Village any use or disclosure of PHI by Medical Director, employees or agents other than as permitted by this agreement of which Medical Director becomes aware; d. Ensure that any agents of Medical Director, including a subcontractor, to whom Medical Director provides PHI received from, or • created or received by Medical Director on behalf of Village, agrees to the same restrictions and conditions that apply to Medical Director with respect to such Protected Health Information. e. To the extent applicable to Medical Director, make available PHI in accordance with Section 164.524 of the Privacy Rule; f. To the extent applicable to Medical Director, make available PHI for amendment and incorporate such amendments to PHI in accordance with Section 164.526 of the Privacy Rule; g. To the extent applicable to Medical Director, make available information • required to provide an accounting of M:\AcJn'iiniStration DoCU~ts\Proposals & Contracts ~ • disclosures in accordance with Section 164.528 of the Privacy Rule; h. Make Medical Director's internal practices, books,. and records related to use and disclosure of PHI received from, or created or received by Medical Director on behalf of Village available to the Secretary of Health and Human Services far purposes of determining Customer's compliance with this Section 29. i. At termination of this Agreement, if feasible, return or destroy all PHI received from, or created or received by Medical Director on behalf of the Village that the Medical Director still maintains in any form • and retain no copies of such information, or, if such return or destruction is not feasible, extend the protections of this Agreement of the information and limit further uses and disclosure to those purposes that make the return or destruction of the PHI infeasible. j. Medical Director agrees to comply with Security Provisions as outlined within the HIPAA Privacy and Security Rules for the electronic storage and use of PHI. k. In the event that the Medical Director breaches any of the foregoing conditions regarding the Health Insurance Portability and Accountability Act, the Village may • terminate this Agreement. M:Wdministradon Documents\Proposals & Contracts g • CONTRACT TERM The Village agrees to retain the Medical Director and the Medical Director agrees to be so retained in an independent contractor relationship for a period of one (1) year beginning October 1, 2003. This agreement shall automatically renew each year unless written notice of intent to terminate is given by either party sixty (60) days prior to the expiration date. VI. TERMINATION This agreement is subject to cancellation with or without cause by either party to this agreement at any time during the contract period, including renewals thereof, by providing sixty (60) days prior written notice to the party. Such notice shall be forwarded by registered mail to the last known address of the other party. VII. AUTHORITY A. The Medical Director is not authorized to obligate the expenditure of Village funds. B. The Medical Director shall retain the ultimate authority to permit and/or prohibit any paramedic or EMT working for the Village's Department of Fire-Rescue Services to utilize advance life support and/or basic life support techniques and shall immediately notify the Village Manager or his designee of the change of eligibility of any • paramedic or EMT to perform emergency medical care. M:~Administratiat Dauments~Proposals & Contracts g • C. The operation and administrative control of the Village's Emergency Medical Services will be vested in the Village Manager or his designee and the Medical Director shall be responsible to the Village Manager or his designee. VIII. INTERPRETATION AND BINDING EFFECT Except as herein otherwise provided, this agreement shall inure to the benefit of and shall be binding upon the parties hereto, their personal representatives, successors, heirs and assigns. IX. INVALIDITY OR UNENFORCEABILITY • Invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provisions. X. GOVERNING LAW This agreement shall be governed and construed in accordance with the laws of the State of Florida. XI. ENTIRE AGREEMENT This agreement contains the entire understanding between the parties and may not be changed or modified except by an agreement in writing signed by all the parties. • M:~Administration Uowments~Proposals & Contracts 10 • • • IN WITNESS WHEREOF, the parties have signed this agreement. The date of this agreement shall be the date first written above. Signed, sealed and delivered In the presence of: VILLAGE OF TEQUESTA: ). ~ ~ ~~ BY ~ ~~~ ~t~ ut C~' ~~~ ti~ Edward D. Resnik, Mayor `~-2.~tit,.r.~ ~G~-tom/ --~ Witness MEDICAL DIRECTOR: Don T. Tanabe, M.D. ~ [_ ~y/~'2?2'~i~ ~~r Q~YI/h~ ~ / Witness ATTEST: i ~~~ ~~ Mary Mile', Village Clerk ~~ ~ f `. - Witness M:\Rdministration Documents\Proposals & Contracts 11