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R T E QUE STA F IRE .�
Phone: (40?) 676-6280 • Faz: (407) b76-6203 . et
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N�MORt�1vDLTM: � SEP���
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TO: Thomas G. Bradford, Village age �'��'
:
FROM: James M. Weinand, Fire Chi
DATE: �September 2, 1994 - -
RE: lriedical Director Agreement, Aqenda ite�
I respectfully request that this item be placed on the September 7�, .�.
1994 Village Council Agenda for approval. Zn accordance wit�`
Section 441.265, Florida Statutes, and Chapter lOD-66.0505 of the
Florida Administrative Code, Tequesta Fire Rescue is required to
have a Medical Director for Advanced Life Support. Dr. Don�Tanabe
'has agreed to be the Medical Director for the Villaqe of Tequesta.
Attached is the Medical Director Agreement drafted by the Village's•, �.
attornq� This Agreement meets both parties' concerns and.has Dr�._.
Tanab�� s approval . __ _ ; " �' : , �
Please let me know if you have any further questions or.concerns..
JMW/cm
attachment
Post Office Bog 3273 • 357 Tequesta Drive • Tequesta, Florida 33469-0273
' KBDZCAL DIRBCTOR 710�EE�T
THIS AGREEMENT, made and entered into thia ist day ot Octob4r,
1994, by and between the VILLAGE OF TEQUESTA, a municipai
corporation under the laws ot the State o! Florida (hsrainaltar
referred to as "Villaqep), and DON TANABE, M.D., a Florida licensed
physician (hereinafter referred to as "Medical Director°).
W I T N E S S E T 8:
wHEREAS, emerqency medical services are provided by the
Village of Tequesta by and throuqh its Department of Fire-Rescue
Services which employs paramedics to perform advanced life support;
and
WHEREAS, Section 401.265, Florida Statutes, requires that any
emerqency 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 lOD-66.0505 0�
the Florida Administrative Code set out certain criteria' and
requirements for said medical director; and
.
. WHEREAS, the Village desires to employ a licensed physician to
serve as medical director and to provide medical direction to the
employees ot the Villaqe of Tequesta Departmant o!' Firo-Rascuo
Services to insure appropriate patient car• and coneiatancy.
NOW, THEREFORE, in consideration o! the mutual promises a�d
covenants set torth herein, ths partiss aqree as lollow4:
I. DESIGNATION OF MEDIC�iL DiRECTAR�
The Village does hereby enqaqe Don Tanabe, M.D., a licensad �
physician in the State of Florfda, as Medical Director Por the
Village's Emerqency Medical Service System.
II. DUTIES AND RESPO SIBILITrF�.
The Medical Director shall:
A. be the Medical Director for the Villaqe of Tequesta
Emergency Medical Service System. For the purposes
of this agreement, the Villaqe of Tequesta
Emerqency Medical Service System shall includa
emerqency medical technicians, paramedics,
lieutenants, firefiqhters and volunteer
firefighters workinq for or prvvidinq services for
the Village of Tequesta Department of Fire-Rescue
Services;
8. supervise and accept responsibility for the medical
performance of the emerqency medical�technicians,
paramedics, lieutenants, firefiqhters and volunteer
� firefiqhters workinq.for or providinq services to
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- the Villaqe of Tequesta Department ot Fire-Rescue
Services; '
C. develop and authoriza, or reviev and authoriz• !or
use, medically corroct standinq ordars and/or
protocols which permit specified ALS prxedures
when communication cannot be established with a
' supervisinq physician or when any delay in patient
care would have potential life or limb thr�atening
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 "o�f-lin�� service for potential
problems, system conflicts and disaster events;
D. audit the performance of the Villaqe's Department
of Fire-Rescue �Services personnel by use of a
quality assurance proqram to include, but not be
limited to, a prompt review of run reports, direct
observation, and comparison of performance
standards for drugs, equipment, and establish�i
protocols and procedures;
E. be responsible for participatinq in quality
assurance programs developed by the Department of
Health and Rehabilitation Services;
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• F. ensure and certify that securfty procedures !or
medications, fluids and controlled substances are
in compliance with Chapter 499, Florida Statutss,
and Chapter 893, Florida Statutas;
G. specify medication substitutions in writinq;
H. submit to the Department o! Health and
,Rehabilitation Services, within thirty (30) days o!
any deviation from the approved trauma transport
protocols, a copy of the run report and a written
explanation reqardinq the deviation;
I. conduct one (1) meeting per month of not less than
two (2) hours for the purpose of traininq and
educatinq the Villaqe's personnel in the Department
of Fire-Rescue Services;
J. assist in identifyinq the specific medical skills
and knowledge which the Villaqe's personnel within
the Department of Fire-Rescue Services must possess
to achieve the desired level and standard of care;
R. assist in providing the necessary traininq in ths
special medical skills and knowledge which the
Villaqe'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 twelve (12) hours per month
attendance at the Fire-Rescue headquarters to
participate in monthly quality assurance planninq
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• meetinqs, to deliver monthly in-service traininq
with department personnel, perform physician level
call review on random medical reports and
participate as a crew member on the reeponsa unit;
M. be responsible for complyinq aith Florida Statutes
Section 401.265 (1993), as amended lrom time to
time, all laws and administrative regulations
promulqated in accordance with Chapter 401, Florida
Statutes (1993), as amended from time to time, and
all rules of the Department of Health and
Rehabilitation Services and shall pertorm all
duties enumerated in Section lOD-66.0505, Florida
Administrative Code (1993), as amended from time to
time.
III. DUTIES OF VILLAGE.
A. In consideration for the services provided by
Medical Director, the Village hereby agrees to pay Medical Director
Eiqht Hundred Dollars ($800.00j per month, payable monthly, durinq
the term of this agreement.
B. The Villaqe shall provide the Medical Director
insurance coverage for medical malpractice with liabflity limits of
$1,000,000.00 for claims arisinq out of the scope and performance �
o� activities specified in this agreement, and specifically as
Medical Director for the Village of Tequesta.
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� C. The Village will provide Medical Director with a
pager to assure communications with personnel i! needed, to perlorm
his duties as Medical Director !or the Villaqe ot Tequesta.
IV. INDEPENDENT CONTRACTOR REI�TIONSHIP.
The Medical Director is an independent contractor who will be
responsible for payment of federal withholdinq tax and social
security contributions. Furthermos�e, the Medical Director ahall
not be entitled to any fringe benefits normally provided Villaqe
employees such as worker's compensation, unemployment �ompensation,
retirement, disability leave and any leave with pay.
v. sorr�r�►c� T�.
The Village aqrees 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 beqinninq
October 1, 1994. This aqreement shall automatically renew each
year unless written notice of intent to terminate is qiven by
either party sixty (60) days prior. to the expiration date.
VI. TERMINATION.
This agreement is subject to cancellation vith or without
cause by either party to this aqreement at any time durinq the
contract period, includinq renewals thereof, by providinq sixty
(60) days prior written notice to the party.
VII. �1,UTHORITY.
A. The Medical Director is not authorized to obliqate
the expenditure of Village funds.
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.
• B. The Medical Director shall retain the ultimate
authority to permit and/or prohibit any paramedic or EMT workinq
for the Villaqe's Department of Fire-Rescue Services to utilize
advance life support and/or basic life support tachniques and shall
inunediately notify the Villaqe Manaqer or his desiqnee of the
change of eliqibility of any paramedic or EMT to perform emerqency
medical care.
C. The operation and administrative control of the
Villaqe�s Emergency Medical Services will be vested in the Villaqe
Manaqer or his desiqnee and the Medical Director shall be
responsible to the Villaqe Manaqer or his designee.
VIII. INTERPRETATION AND BINDING EFFECT.
Except as herein otherwise provided, this aqreement shall
inure to the benefit of and shall be bindinq upon the parties
hereto, their personal representatives, successors, heirs and
assigns.
IX. I�IDITY 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 aqreement shall be qoverned and construed in accordance
with the laws of the State of Florida.
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� XI. E�NTIRE AGREEMENT.
This agreement contains the entire understanding between the
parties and may not be chanqed or modified except by an aqreement
in writinq signed by all the parties.
IN WITNESS WHEREOF, the parties have aiqned this aqreement.
The date of this agreement shall be the date first written above.
Siqned, sealed and delivered
in the presence of: VILLAGE OF TEQUESTA
By
Witness Ron Mackail, Mayor
ATTEST:
Witness
Joann anganiello
Village Clerk
MEDICAL DIRECTOR:
Witness Don Tanabe, M.D.
Witness
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY:
John C. Randolph
Village Attorney
Jpt\13153-01�pEDD1R.AGR
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