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HomeMy WebLinkAboutHusty, Todd - Medical Director (Tactical Emergency Medical Services/TEMS) 2019 10 01 CITY OF WINTER SPRINGS-MEDICAL DIRECTOR SERVICES AGREEMENT THIS MEDICAL DIRECTOR SERVICES AGREEMENT ("Agreement") is made and entered into this JY-t (Jay of CL4ollec—, 2019, by and between CITY OF WINTER S13RI NGS, a Florida municipal corporation, whose address is 1126 East State Road 434, Winter Springs, Florida 32708 ("CITY"), and TODD M. HUSTY, D.O., P.A., a Florida professional association, whose address is 3040 S. Tuskawilla Road, Oviedo, Florida 32765 ("MEDICAL DIRECTOR"). WITNESSE�7'11: WHEREAS, CITY operates a Tactical Emergency Medical Services ("TEMS") System within its boundaries and employs or utilizes emergency medical technicians and paramedics to perf'orin life support procedures within Seminole County, Florida,pursuant to Chapter 401, Florida Statutes; and WHEREAS, CITY is required to employ or contract with a medical director who shall be a licensed physician; a corporation, association, or partnership composed of physicians; or physicians employed by any hospital which delivers in-hospital emergency medical services and which employs or contracts with physicians specifically 17or that purpose; and WHEREAS, CITY wishes to contract with a medical director for the purpose of providing direction to the Winter Springs Police Department TEMS System; and WHEREAS,MEDICAL DIRECTOR is a professional association that employs a licensed physician in the State:of Florida and desires to provide professional services as the Winter Springs Police Department's TEMS Medical Director according to the terms and conditions stated herein; NOW, THEREFORE, in consideration of the mutual understandings and agreements set Borth herein, CITY and MEDICAL DIRECTOR agree as follows: L -TS-rm. This Agreement shall become effective upon full execution by both parties hereto and shall remain in effect through September 30, 2020. The term of this Agreement may be extended at the option of the CITY and any such extension and shall be set forth in a written instrument executed by both parties. 2. j'erlifination. a) This Agreement may be terminated by MEDICAL DIRECTOR, with or without cause, upon not less than thirty (30) days written notice delivered to CITY. b) CITY may terminate this Agreement in whole or in pail, with or without cause, upon not less than thirty (30) days written notice delivered to the MEDICAL DIRECTOR or, at the option of CITY, Uninediately in the event that MEDICAL DIRECTOR fails to fulfill any of the understandings,, terms, or covenants of this Agreement. 3. Purpose. The purpose of this Agreement is to assist CITY in operation of its Tactical Emergency Medical Services System. 4. Medical Director. For purposes of this Agreement, the MEDICAL DIRECTOR is Todd M. Husty, D.O., P.A. and any employees employed by Todd M. Husty, D.O., P.A. who shall provide services under the terms of this Agreement. In accordance with Section 401.265(1), Florida Statutes, MEDICAL DIRECTOR designates Todd M. Husty, D.O. as the physician to perform medical director duties pursuant to this Agreement. L. Scone of Services. CITY hereby retains MEDICAL DIRECTOR to furnish services and perform tasks as set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein. 6. Compliance with Laws and Regulations: Required Licenses. In providing all services pursuant to this Agreement, MEDICAL DIRECTOR shall maintain all professional licenses and certifications, shall abide by all federal laws, state statutes, county ordinances, city ordinances, applicable rules and regulations pertaining to or regulating the provision of such services including those now in effect and those hereafter adopted during the term of this Agreement. Any violations of said laws, statutes, ordinances, rules or regulations or loss of professional license or certification by the MEDICAL DIRECTOR shall constitute a material breach of this Agreement and shall entitle the CITY to terminate this Agreement immediately upon delivery of written notice of termination to the MEDICAL DIRECTOR as provided herein. 7. Compensation. a) Payment for services provided shall beat the rate of ONE HUNDRED DOLLARS ($100.00) per month for the term of this Agreement. b) Invoices must be received and reviewed by CITY on or before the tenth(10th)calendar day of each month. CITY,Office of the Chief of Police shall verify the information submitted and submit verifying documents to the Finance and Administrative Services who shall then process the invoice for payment. 8. Independent Contractor. It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co-partners between the parties or as constituting MEDICAL DIRECTOR (including its employees and agents) as the agent, representative, or employee of CITY for any purpose or in any matter whatsoever. MEDICAL DIRECTOR is, and shall remain, an independent contractor with respect to all services performed under this Agreement. MEDICAL DIRECTOR understands that this position confers no law enforcement authority.MEDICAL DIRECTOR understands that said position involves being in close proximity to firearms and other potentially dangerous devices. 9. Indemnification. a) MEDICAL DIRECTOR shall indemnify and save harmless CITY, its officers, agents, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature proximately arising out of error, omission,or any tortious act,whether intentional or negligent,of MEDICAL DIRECTOR or its agents, subcontractors, or employees or any like person or entity in the performance of services under this Agreement. b) MEDICAL DIRECTOR shall require all subcontractors to enter into an Agreement containing the provisions set forth in the preceding subsection in which agreement the subcontractors fully indemnify CITY in accordance with this Agreement. 10. Insurance. a) At all times during the terms of this Agreement, MEDICAL DIRECTOR shall provide, pay for, and maintain in force workers' compensation insurance and professional liability insurance, will provide to CITY the protection contained in the foregoing Indemnification Section undertaken by MEDICAL DIRECTOR. b) Such policy or policies shall be issued by a company or companies authorized to do business in the State of Florida. The professional liability insurance policy required to be carried pursuant to this Section shall provide coverage for any and all claims based on the actions of the MEDICAL DIRECTOR in performing his/her services under this Agreement in the following amounts. (i) Professional liability insurance: No less than $1,000,000 per claim and $3,000,000 aggregate coverage, which will include emergency medical services. (ii)Workers' compensation insurance: Statutory amounts as required by Florida law, unless MEDICAL DIRECTOR provides a certificate of exemption from the State of Florida, Department of Financial Services, Division of Workers' Compensation. c) Prior to the commitment of work hereunder,MEDICAL DIRECTOR shall furnish the CITY a certificate or written statement of the above-required insurance.The policy or policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of CITY in such insurance shall not be effective until thirty (30) days after written notice thereof to CITY. CITY reserves the right to require a copy of such policy or policies upon request. d) The maintenance of the insurance coverage set forth herein shall not be construed to limit, nor have the effect of limiting, the MEDICAL DIRECTOR's liability under the provisions of the Indemnification Section. 11. Assignment. No party shall assign this Agreement without prior written approval of CITY, subject to such conditions and provisions as CITY may deem necessary. 12. Entire Agreement. a) It is understood and agreed that the entire Agreement of the parties is contained herein and that this agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. 13. Notices. Whenever any party desires to give notice to the other,notice may be sent to: For CITY: City of Winter Springs Attn: City Manager 1126 East State Road 434 Winter Springs, FL 32708 For MEDICAL DIRECTOR: Todd M. Husty, D.O., P.A. 3040 S. Tuskawilla Road Oviedo, FL 32765 Notice shall be deemed to have been given and received on the date the notice is physically received if given by hand delivery, or if notice is given by first class U.S. mail, postage prepaid, then notice shall be deemed to have been given upon the date said notice was deposited in the U.S. Mail addressed in the manner set forth above. Any party hereto by giving notice in the manner set forth may unilaterally change the name of the person to whom notice is to be given or the address at which notice is to be received. 14. Public Records. Pursuant to Section 119.0701, Florida Statutes and other applicable public records laws, MEDICAL DIRECTOR agrees that any records,documents,transactions,writings,papers,letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other material(s), regardless of the physical form, characteristics,or means of transmission,of MEDICAL DIRECTOR related,directly or indirectly, to the services provided to the CITY under this Agreement and made or received pursuant to law or ordinance or in connection with the transaction of official business by the CITY,may be deemed to be a public record, whether in the possession or control of the CITY or the MEDICAL DIRECTOR. Said records, documents, transactions, writings, papers, letters, computerized information and programs,maps,books, audio or video tapes, films,photographs,data processing software, writings or other material(s), regardless of the physical form, characteristics, or means of transmission of MEDICAL DIRECTOR are subject to the provisions of Chapter 119, Florida Statutes,and may not be destroyed without the specific written approval of the CITY's designated custodian of public records. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE CITY CLERK, AT (407) 327-5955, CITYCLERKDEPARTMENT(a)WINTERSPRINGSFL.ORG, 1126 EAST STATE ROAD 434,FLORIDA 32708. MEDICAL DIRECTOR is required to and agrees to comply with public records laws. MEDICAL DIRECTOR shall keep and maintain all public records required by the CITY to perform the services as agreed to herein. MEDICAL DIRECTOR shall provide the CITY, upon request from the City Clerk,copies of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by law. MEDICAL DIRECTOR shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term.Upon completion of the Agreement,MEDICAL DIRECTOR shall transfer to the CITY, at no cost, all public records in possession of the MEDICAL DIRECTOR, provided the transfer is requested in writing by the City Clerk. Upon such transfer, MEDICAL DIRECTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.However,if the City Clerk does not request that the public records be transferred, the MEDICAL DIRECTOR shall continue to keep and maintain the public records upon completion of the Agreement and shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CITY, upon request from the City Clerk, in a format that is compatible with the information technology systems of the CITY. Should the CITY not possess public records relating to this Agreement which are requested to be inspected or copied by the CITY or any other person, the CITY shall immediately notify MEDICAL DIRECTOR of the request and the MEDICAL DIRECTOR shall then provide such records to the CITY or allow the records to be inspected or copied within a reasonable time. If the MEDICAL DIRECTOR does not comply with a public records request, the CITY may enforce this Section to the extent permitted by law. MEDICAL DIRECTOR acknowledges that if the MEDICAL DIRECTOR does not provide the public records to the CITY within a reasonable time, the MEDICAL DIRECTOR may be subject to penalties under Section 119.10, Florida Statutes. The MEDICAL DIRECTOR acknowledges that if a civil action is filed against the MEDICAL DIRECTOR to compel production of public records relating to this Agreement, the court may assess and award against MEDICAL DIRECTOR the reasonable costs of enforcement, including reasonable attorney fees. All public records in connection with this Agreement shall, at any and all reasonable times during the normal business hours of the MEDICAL DIRECTOR,be open and freely exhibited to the CITY for the purpose of examination, audit, or otherwise. Failure by MEDICAL DIRECTOR to grant such public access and comply with public records laws and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the CITY upon delivery of a written notice of cancellation. If the MEDICAL DIRECTOR fails to comply with this Section, and the CITY must enforce this Section, or the CITY suffers,a third party award of attorney's fees and/or damages, for violating Chapter 119, Florida Statutes, due to MEDICAL DIRECT'OR's failure to comply with this Section, the CITY shall collect from MEDICAL DIRECTOR prevailing party attorney's fees and costs, and any damages incurred by the CITY, for enforcing this Section against MEDICAL DIRECTOR. And, if applicable, the CITY shall also be entitled to reimbursement of all attorneys' fees, and damages which the CITY had to pay a third party because of the MEDICAL DIRECTOR's failure to comply with this Section. The terms and conditions set forth in this Section shall survive the ten-nination of this Agreement. 1L, 5'eygrgign Immunity. The CITY intends to avail itself of the benefits of Section 768,28, Florida Statutes and any other statutes and common law governing sovereign immunity to the fullest extent possible. Neither this provision nor any other provision of this Agreement shall be construed as a waiver of the CITY's right to sovereign immunity under Section 768.28, Florida Statutes,or other limitations imposed on the CITY's potential liability under state or federal law. MEDICAL DIRECTOR agrees that CITY shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, CITY shall not be liable for any claim or judgment, or portion thereof, to any one person for over two hundred thousand dollars ($200,000.00), or any claii-n or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds three hundred thousand dollars ($300�,000.00). Nothing in this Agreement is intended to inure to the benefit of any third party for the Purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. This paragraph shall survive termination of this Agreement. 99-y-erningLaa. Venue, This Agreement shall be governed by the law of the State of Florida. Venue of all disputes shall be properly placed in Seminole County, Florida, The parties agree that the Agreement was consummated in Seminole County, and the site of tile Services is Seminole County. If any dispute concerning this Agreement arises under federal law, the venue will be Orlando, Florida. IN WITNESS WHEREOF,the parties hereto have made and executed this instrument for the purpose herein expressed. City of Winter Sp irrg Medical r X, Shawn Boy�A Ulity Manager T tiust ..... ........ ................ Date Signed Date Signed Exhibit A SCOPE OF SERVICES I. MANDATORY REQUIREMENTS: (a) The Medical Director shall be responsible to the Chief of Police. (b) Requirements of the Medical Director, Medical Director shall: • Be duly licensed to practice as a medical or osteopathic physician in the state of Florida; • Possess a thorough understanding of pre-hospital care, and board certification in emergency medicine by the American Board of Emergency Medicine; • Comply with all requirements of Florida Statutes, Chapter 401, and Chapter 64J- 1.004 Medical Direction, Florida Administrative Code (F.A.C.); • Be available twenty-four (24) hours a day, seven (7) days a week for emergency consultations from system EMS providers. In the event the Medical Director may be unavailable, he shall appoint a similarly qualified physician or Physician Assistant (PA)to cover for him; • Possess proof of current registration as a Medical Director with the U.S. Department of Justice and DEA. DEA registration shall include each address at which controlled substances are stored, in accordance with Florida Statutes, Chapter 401, and Rules and Regulations 64J-1.004(3)(c), F.A.C.;copies of MD license,and registrations must be provided to each agency. (c) Activities of the Medical Director, Medical Director shall: • Assume direct responsibility for the clinical activities of all the Paramedics and Emergency Medical Technicians performing in the Winter Springs Police Department TEMS System. • Discharge all duties in accordance with Florida Statutes, Section 401.265, and Chapter 64J-1.004(3), F.A.C.; • Provide consultation regarding EMS issues to the Emergency Response Team (ERT) Commander. Consultations, non-emergent in nature, should be during normal business hours, i.e., Monday through Friday 08:00 - 17:00; • Provide medical direction on a continuous twenty-four(24) hours per day, seven (7) days per week basis and "on-line" medical direction to personnel, when requested; • Assist in resolution of problems involving the delivery of pre-hospital care, and other services in accordance with Florida Statutes, Chapter 401, and Rules and Regulations 64J-1.004(3), F.A.C; • When requested by CITY, evaluate, monitor and provide conflict resolution for Hospital Emergency Room diversions and delays. II. PROTOCOLS: (a) The Medical Director shall: • Develop and revise the prehospital practice parameters as needed for the TEMS System or at a minimum; every two (2) years. The parameters shall be developed with consideration to fiscal impact on the participating agencies and the citizens of Winter Springs and current budgeting practices. • Ensure that all EMTs and Paramedics are trained in the use of the trauma scorecard methodologies, as provided in Chapter 64J-2.004, F.A.C., for adult trauma patients and 64J-2.005, F.A.C.for pediatric trauma patients. III. CONTINUOUS QUALITY IMPROVEMENT: (a) The Medical Director shall: • Establish internal and external benchmarks of key performance measures, as they pertain to patient outcomes; • In conjunction with CITY, review TEMS Patient Care Reports on a regular basis, review all deviations from TEMS Practice Parameters and initiate or recommend corrective action in accordance with Florida Statutes,Section 401.265,and Rules and Regulations 64J-1.004, F.A.C. • During an investigation, the Medical Director shall meet with the involved personnel and the designee of the respective agency. Upon completion of the investigation, the Medical Director must submit a final recommendation on corrective or disciplinary action to the respective agency within 30 days; unless extenuating circumstances can be documented. IV. CERTIFICATION OF EMS PERSONNEL: (a) The Medical Director shall be responsible for establishing and periodically updating the minimum personnel standards and certification requirements for all TEMS personnel. Such standards shall include the requirements for initial training, continuing medical education, state and national certifications, clinical orientation requirements, standards for professional conduct and testing requirements for EMS personnel to attain and maintain County certification necessary to operate in the TEMS System. (b) The Medical Director shall establish procedures for issuance, renewal, suspension, and revocation of certifications for TEMS personnel in concert with the agency administrator. V. FIELD ACTIVITY AND SYSTEM MONITORING: (a) The Medical Director shall perform and document in the annual report to the SWAT Team Commander evidence of the following required activities; • Periodically provide field observation of TEMS personnel performing patient care • Participate in one (1)SWAT call out and one (1)SWAT Training day per year VI. MEDICAL EQUIPMENT AND SUPPLIES: (a) Comprehensive Review - Medical Director shall conduct an ongoing and comprehensive review of all EMS medical equipment, medications and medical supplies, as may be necessary to ensure reliable service delivery in the TEMS System and excellence in patient care.