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HomeMy WebLinkAboutDocumentation_Regular_Tab 07B_09/07/1994 f -°° T E QUE STA F IRE � . . .. Phone: (40?) 676-6280 • Faz: (407) b76-6203 � et �_ � � ��A ' a _ , MEMORANDUM: � SEP�w?� - �; �""`'u� ;: ti TO: Thomas G. Bradford, Village age t � 4 ' : 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 . _ 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 2 • 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; 3 � 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 4 • 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. 5 - 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. 6 • 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. 7 � * 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 8 K i � i � 6 � � RESOLUTIOI�Y NO. 23 - 93�94 �� , 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 � ���� 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 . 4 Joann Manganiello Village Clerk