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-°° T E QUE STA F IRE �
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.. Phone: (40?) 676-6280 • Faz: (407) b76-6203 � et
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MEMORANDUM: � SEP�w?�
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TO: Thomas G. Bradford, Village age t � 4 '
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FROM: James M. Weinand, Fire Chi
DATE: �September 2, 1994 - .
RE: 1Kedical Director Agreement, Aqenda Ite�
I respectfully request that this item be placed on the September 7�, .�.
1994 Village Council Agenda for approval. In accordance wit�i
Section 401.265, 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 Village of Tequesta.
Attached is the Medical Director Agreement drafted by the Village's�. -
attorn� 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 Bo$ 3273 • 357 Tequesta Drive � Tequesta, Florida 33469-0273
liBDICAL DIR8CT01t AGREEMEl+1T
THIS AGREEMENT, made and entared into this ist day ot Octob�r,
1994, by and between the VILI.AGE OF TEQOESTI�i, a Lursicipai
corporation under the laws ot the Stats o! Florida (hsrefaattar
referred to as "Villaqe"), and DON TANABE, M.D., a Florida licensed
physician (hereinafter referred to as "Medical Director").
W Z T N E S S E T H:
wHEREAS, emerqency medical services are provided by the
Villaqe of Tequesta by and through its Department of Fire-Rescue
Services which employs paramedics to perform advanced life sup�rt;
and
WHEREAS, Section 401.265, Florida Statutes, requires that any
emergency medical services system which utilizes paramedics to
perform advanced life support procedures ffiust employ or contraet�
with a medical director; and
WHEREP,S, the aforementioned statute and Chapter lOD-66.0505 0!
the Florida Administrative Code set out certain criteria' and
requirements for said medical director; and
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_ 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 Department o! Fira-Rescuo
Services to insure appropriate patient care and consi�tency.
NOW, THEREFORE, in consideration o! the mutual promises �d
covenants set lorth herein, tha partiea aqree as lollows:
I. DESIGNATION OF MEDIC L err��rr_ rnu �
The Villaqe does hereby enqage Don Tanabe, M.D., a licensed �
physician in the State of Florfda, as Medical Director Por the
Village�s Emerqency Medical Service System.
II. DUTIE� ANp RESPO SIBILZTTFa.
The Medical Director shall:
A. be the Medical Director for the Villaqe of Tequesta
Emergency Medical Service System. For the purposes
of this aqreement, the Villaqe of Tequesta
Emergency Medical Service System shall includa
emerqency medical technfcians, paramedics,
lieutenants, firefiqhters and volunteer
firefighters workinq for or providinq services for
the Village of Tequesta Department of Fire-Rescue
Services;
B. supervise and accept responsibility for the medical
performance of the emerqency medical�technicians,
paramedics, lieutenants, firefiqhters and volunteer
� firefighters workinq for or providinq services to
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• the Villaqe of Tequesta Department ot Fira-Rescue
Services; �
C. develop and authorize, or review and authorize tor
use, medically corroct� standinq orders and/or
protocols which permit specified ALS procedures
when communication cannot be establiahed 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 pex day availability of
Medical Director "off-linep 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 proqram to 3nclude, but nat be
limited to, a prompt review of run reports, direct
observation, and comparison of performance
standards for drugs, equipment, and establish�
protocols and procedures;
E. be responsible for participatinq in quality
assurance program� developed by the Department of
Health and Rehabilitation Services;
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� F. ensure and certify that security procedures tor
medications, fluids and controlled substances are
in compliance with Chapter 499, Florida Statutss,
and Chapter 893, Florida Statutes;
G. specify medication substitutions in �rritinq;
H. submit to the Department o! Health and
, Rehabflitation Services, within thirty (30) days o!
any deviation from the approved traw�a transport
protocols, a copy of the run report and a written
explanation regardinq the deviation;
Z. conduct one (1) meeting per month of not less than
two (2j hours for the purpose of traininq and
educatinq the Village's personnel in the Department
of Fire-Rescue Services;
J. assist in identifyinq the specific medical skills
and knowledqe which the Villaqe's personnel t�ithin
the Department of Fire-Rescue Services must possess
to achieve the desired level and standard of care;
R. assist in providinq the necessary traininq in the
special medical skills and knowledqe 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 qualfty assurance planninq
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• meetings, 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 reaponsa unit;
M. be responsible Por complyinq with Florida Statutes
Section 401.265 (1993), as amended trom tima to
tfine, all laws and administrative regulations
promulqated in accordance with Chapter 401, Flo=ida
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 Villaqe hereby agrees to pay Medical Director
Eight Hundred Dollars ($800.00) per month, payable monthly, durinq
the term of this agreement.
B. The Village shall provide the Medical Director
insurance coverage for medical malpractice with liability limits of
$1,000,000.00 for claims arisinq out of the scope and performance �
of activities specified in this aqreement, and specifically as
Medical Director for the Villaqe of Tequesta.
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- C The Villaqe will provlde Medical Director with a
pager to assure communications with personnel i! needed, to pertorm
his duties as Medical Director !or the Villaqe ot Tequesta.
IV. I1�DEPENDENT CONTRACTOR REL�iTIONSHIP.
The Medical Director is an independent contractor who will be
responsible for payment of federal withholdinq tax and aocial
securfty contrfbutions. Furthermo�e, the Medfcal Director shall
not be entitled to any frinqe benefits normally provided Villaqe
employees such as worker's compensation, unemployment compensation,
retirement, disability leave and any leave with pay.
v. cox�r�,cr T�.
The Villaqe aqrees to retain the Medical Director and the
Medical Director aqrees to be so retained �.n an independent
contractor relationship for a period of one (1) year beqinninq
October 1, 1994. This agreement 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 with 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. AUTHORITY.
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 Village's Department of Fire-Rescue Services to utiliza
advance life support and/or basic liPe support techniques and shall
immediately notify the Villaqe Manaqer or his desiqr�ee of the
change of eliqibility of any paramedic or EMT to perform emerqency
medical care.
C. The operation and administrative control of the
Village�s Emergency Medical Services will be vested in the Villaqe
Manaqer or his desiqnee and the Medical Director shall be
responsible to the Village Manaqer or his desiqnee.
VIII. INTERPRETATION AND BINDZNG 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
assiqns.
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 qoverned and construed in accordance
with the laws of the State of Florida.
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* XI. NTI EEMENT.
This agreement contains the entire understanding between the
parties and may not be changed or modified except by an aqreement
in writinq siqned by all the parties.
IN WITNESS WHEREOF, the parties have siqned this aqreement.
The date of this agreement shall be the date first written above.
Siqned, sealed and delivered
in the presence of: VILI�AGE OF TEQUESTA
By
Witness Ron Mackail, Mayor
ATTEST:
Witness
Joann Manganiello
Village Clerk
MEDICAL DIRECTOR:
Wftness Don Tanabe, M.D.
Witness
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY:
John C. Randolph
Village Attorney
JCR�13153-01 VIEDD IR.AC,it
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� RESOLUTIOI�Y NO. 23 - 93�94
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, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, PALM BEACH COZJNTY, FLORIDA, APPROVING
THE MEDICAL DIRLCTOR AGREEIK�NT WITH DOId TANABE,
M.D., AND AUTHORISING THE MAYOR TO EZLCUTE THE
SAME ON BEHALF' OF THE VILLAGE OF TEQtTESTA.
NOW, THEREFORE, SE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, I�LORIDA, AS FOLLOWS:
Section 1. The Medical Director Agreement between the
Village of Tequesta and Don 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 Vilfage
is hereby authorized to execute the same on behalf of the
Village of Tequesta.
THE FOREGOING RESOLUTION was offered by Councilmember
, who moved its adoption. The motion
was seconded by Councilmember , and
upon being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Resolution duly passed and
adopted this 7th day of September, A.D., 1994.
MAYOR OF TEQUESTA
,
Ron T. Mackail
ATTEST:
Joann Manganiello
Village Clerk
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o � G�
s C�
RESOLUTION NO. 23 - 93 94
Op OF THE VILLAC,�G COUNCIL OF THE VILLAGE
'A, PALM BEACH COUNTY, FLORIDA, APPROVI1�TCi
AL DIRECTOR AdREEMENT WIT�t DON TANABE,
� AUTHORIZING THE MAYOR TO $BECUTE THE
EHALF OF THE VII�LAGE OF TEQUESTA.
C, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
--- QUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Sectioa 1. The Medical Director Agreement between the
Village of Tequesta and Don 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
, who moved its adoption . The motion
was seconded by Councilmember , and
upon being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Resolution duly passed and
adopted this 7th day of September, A.D., 1994.
MAYOR OF TEQUESTA
Ron T. Mackail
ATTEST:
a
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Joann Manganiello
Village Clerk