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HomeMy WebLinkAboutHusty, Todd, D.O., P.A. - Medical Director Services Agreement (Tactical Emergency Medical Services/TEMS) - 2025 04 01— MEDICAL DIRECTOR SER THIS MEDICAL DIRECTOR SERVICES AGREEMENT ("Agreement") is made and entere4 into this I`t. day of 4r, I , 2025, by and between CITY OF WINTER SPRINGS, a Florida municipal co oration, located at 1126 East State Road 434, Winter Springs, Florid 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"). WITNESSETH. WHEREAS, CITY operates a Tactical Emergency Medical Services ("TEMS") System within Iits boundaries and employs or utilizes emergency medical technicians and paramedics to perfon ife 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 Lic nsed physician; a corporation, association, or partnership composed of physicians; or physic ans employed by any hospital which delivers in -hospital emergency medical services, and which employs or contracts with physicians specifically for that purpose; and WHEREAS, CITY wishes to contract with a medical director for the purpose of providi in to the Winter Springs Police Department TEMS System; and WHEREAS, MEDICAL DIRECTOR is a professional association that employs a lic ran in the State of Florida and desires to provide professional services as the Winter S Department's TEMS Medical Director according to the terms and conditions stated l WHEREAS, the MEDICAL DIRECTOR is duly licensed under the laws of the State Florid and is experienced in the foregoing and agrees to perform these services for the City as forth i, this Agreement; and WHEREAS, the City of Winter Springs deems the services being provided by lent serve a public purpose and are in the best interests of the public health, safety, we] fence, and morals of the citizens of Winter Springs. NOW, THEREFORE, in consideration of the mutual understandings and agreements forth erein, CITY and MEDICAL DIRECTOR agree as follows: L This greement shall become effective upon full execution by both parties hereto and shall remaii in effect through September 30, 2025. The term of this Agreement may be extended at the optioi of they, City for five (5) additional one (1) year terms. Any such extension shall be set forth in writteti instrument executed by both parties. Medical Director Services Agreement City of Winter Springs and Dr. Husty Page 1 of 14 2. Termination. a) This Agreement may be terminated by MEDICAL DIRECTOR, with or without cause, upon no fewer than thirty (30) days written notice delivered to CITY. b) CITY may terminate this Agreement in whole or in part, with or without cause, upon not less than thirty (30) days written notice delivered to the MEDICAL DIRECTOR or, at the option of CITY, this Agreement may be terminated immediately in the event that MEDICAL DIRECTOR fails to fulfill any of the conditions, terms, or covenants of this Agreement. 3, purAnce• 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 who shall perform medical director duties pursuant to this Agreement. L Scope of Services. CITY hereby retains MEDICAL DIRECTOR to furnish services and perform tasks as set forth in Exhibit "A," the Scope of Services, which is attached hereto and incorporated herein by this reference. 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 hereinafter 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. 1. Compensation, Medical Director Services Agreement City of Winter Springs and Dr. Husty Page 2 of 14 b) M DICAL DIRECTOR shall require all subcontractors to enter into an Agreement containi the pr visions set forth in the preceding subsection in which agreement the subcontractors fa inderrInify CITY in accordance with this Agreement. c) This i demnification paragraph shall survive the termination of this Agreement until such time as all ending claims between the parties have been settled, or if no such pending claims, until such me as all applicable statute of limitation time periods have expired with respect to the work erformed by MEDICAL DIRECTOR pursuant to this Agreement. 10. a) A - all times during the terms of this Agreement, MEDICAL DIRECTOR shall provide, for, a id maintain in force workers' compensation insurance and professional liability insure will p •ovide to CITY the protection contained in the foregoing Indemnification Section undert; by M DICAL DIRECTOR. b) Such policy or policies shall be issued by a company or companies authorized to do busineE in the State of Florida. The professional liability insurance policy required to be carried pursuar to thi Section shall provide coverage for any and all claims based on the actions of the MEDICA: 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 $3,000,00 aggregate coverage, which will include emergency medical services. (ii) Workers' compensation insurance: Statutory amounts as required by Florida lav unless MEDICAL DIRECTOR provides a certificate of exemption from the State c Florida, Department of Financial Services, Division of Workers' Compensation. c) Pi for to the commitment of work hereunder, MEDICAL DIRECTOR shall furnish the CITY ceitif care or written statement of the above -required insurance. The policy or policies evidencir requi ed insurance shall contain an endorsement to the effect that cancellation or any mate6 chan e in the policies adversely affecting the interests of CITY in such insurance shall not t effeci ive until thirty (30) days after written notice thereof to CITY. CITY reserves the right 1 requi e a copy of such policy or policies upon request. d) T e maintenance of the insurance coverage set forth herein shall not be construed to limit, have the effect of limiting, the MEDICAL DIRECTOR'S liability under the provisions of Inder inification Section. No p�rty shall assign this Agreement without prior written approval of CITY, subject to cond tions and provisions as CITY may deem necessary. Medical Director Services Agreement City of Winter Springs and Dr. Husty Page 4 of 14 a) Payment for services provided shall be at the rate of ONE HUNDRED FIFTY DOLLARS ($150.00) per month for the term of this Agreement. b) Invoices must be received and reviewed by CITY on or before the tenth (1 Oth) calendar day of each month. CITY, Office of the Chief of Police shall verify the information submitted and submit verifying documents to the CITY's Finance and Administrative Services Department, which shall then process the invoice for payment. Payments shall be due and payable as provided by the Florida Local Government Prompt Payment Act s. 218.70 et. seq., Florida Statutes. The City's payment of any invoice under this Agreement shall not be construed or operate as a waiver of any rights under this Agreement or any cause of action arising out of the performance of this Agreement and the Medical Director shall remain liable to the City in accordance with applicable law for all damages to the City caused by the Medical Director's performance of any Services provided under this Agreement. 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 hold harmless, the CITY, its employees, agents, elected or appointed officials, and representatives from any and all claims, losses, suits, costs, expenses, fines, penalties, deficiencies, damages, obligations, and liabilities, including all attorney's fees and court costs through all appeals, for which CITY, its employees, agents, elected or appointed officials, and representatives can or may be held liable as a result of injury to persons (including death) or damage to property occurring by reason of any negligent acts, errors, omissions, or willful misconduct of MEDICAL DIRECTOR, its employees, or agents, arising out of or connected with this Agreement; or which arise out of any inaccurate representation made by the MEDICAL DIRECTOR, its employees or agents; or any breach of this Agreement by MEDICAL DIRECTOR, its employees or agents, except to the extent of negligence, wrongful acts or omissions of the CITY or its agents, elected or appointed officials, employees, or representatives. For purposes of this indemnification only, MEDICAL DIRECTOR shall indemnify the CITY for claims made by the employees of MEDICAL DIRECTOR, and MEDICAL DIRECTOR hereby waives its entitlement, if any, to immunity under SECTION 440.011, Florida Statutes. This waiver has been specifically and mutually negotiated by the parties. Medical Director Services Agreement City of Winter Springs and Dr. Husty Page 3 of 14 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 Statut s, and may not be destroyed without the specific written approval of the CITY's designated custodian of public records. IF T E CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION O CHA TER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVID PUB IC RECORDS RELATING TO THIS AGREEMENT, CONTACT TH CUS ODIAN OF PUBLIC RECORDS, THE CITY CLERK, AT (407) 327-595 CIT CLERKDEPARTMENT(a.WINTERSPRINGSFL.ORG, 1126 EAST STATE ROA 434:, gLORIDA 32708. MED CAL DIRECTOR is required to and agrees to comply with public records laws. MEDICI DIRE TOR shall keep and maintain all public records required by the CITY to perform 1 servi s as agreed to herein. MEDICAL DIRECTOR shall provide the CITY, upon request frc the C' Clerk, copies of the requested records or allow the records to be inspected or copied wit] a reas nable time at a cost that does not exceed the cost provided by law. MEDICAL DIRECT( shall ensure that public records that are exempt or confidential and exempt from public recor discic sure requirements are not disclosed except as authorized by law for the duration of 1 Agrec ment term. Upon completion of the Agreement, MEDICAL DIRECTOR shall transfer to CIT at no cost, all public records in possession of the MEDICAL DIRECTOR, provided trans r is requested in writing by the City Clerk. Upon such transfer, MEDICAL DIRECT( shall i lestroy any duplicate public records that are exempt or confidential and exempt fiom put records disclosure requirements. However, if the City Cleric does not request that the public reco: be tra sferred, the MEDICAL DIRECTOR shall continue to keep and maintain the public reco upon ompletion of the Agreement and shall meet all applicable requirements for retaining put recor s. All records stored electronically must be provided to the CITY, upon request from City lerk, in a format that is compatible with the information technology systems of the CII Shou d the CITY not possess public records relating to this Agreement which are requested to inspe ted or copied by the CITY or any other person, the CITY shall immediately not MEDICAL DIRECTOR of the request and the MEDICAL DIRECTOR shall then provide si records to the CITY or allow the records to be inspected or copied within a reasonable time. If ME CAL DIRECTOR does not comply with a public records request, the CITY may enfo this Section to the extent permitted by law. MEDICAL DIRECTOR acknowledges that if ME CAL DIRECTOR does not provide the public records to the CITY within a reasonable til the MEDICAL DIRECTOR may be subject to penalties under Section 119.10, Florida Statu The 14EDICAL DIRECTOR acknowledges that if a civil action is filed against the MEDIC. DIRE CTOR to compel production of public records relating to this Agreement, the court n assess and award against MEDICAL DIRECTOR the reasonable costs of enforcement, includ reaso able attorney fees. All public records in connection with this Agreement shall, at any all re sonable times during the normal business hours of the MEDICAL DIRECTOR, be open freel3 exhibited to the CITY for the purpose of examination, audit, or otherwise. Failure ME IICAL DIRECTOR to grant such public access and comply with public records laws an( requ sts shall be grounds for immediate unilateral cancellation of this Agreement by the Cl upon delivery of a written notice of cancellation. If the MEDICAL DIRECTOR fails to com Medical Director Services Agreement City of Winter Springs and Dr. Husty Page 6 of 14 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. "IM-11-fm 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 Medical Director Services Agreement City of Winter Springs and Dr. Husty Page 5 of 14 c) with MEDI of the d) e) may infoi who f) of pi In f. The MEDICAL DIRECTOR agrees to maintain records of its participation and compliance ie provisions of the E-Verify program, including participation by its subcontractors as -d above, and to make such records available to the City consistent with the terms of the "-AL DIRECTOR's enrollment in the program. This includes maintaining a copy of proof MEDICAL DIRECTOR's and subcontractors' enrollment in the E-Verify program. The MEDICAL DIRECTOR must meet this requirement unless: (i) This Agreement is solely for goods -based procurement where no services provided; or (ii) Where the requirement is waived by the City Commission; or (iii) The Agreement is being executed with a Sole Proprietor who does not employees and therefore is not required to file a Department of Homeland Sec Form I-9 (which is the document used for E-Verify); or (iv) The Agreement is being executed with a company based outside of the Uni States of America and does not employ any citizens of the United States America. A MEDICAL DIRECTOR who registers with and participates in the E-Verify p t be barred or penalized under this section if, as a result of receiving inaccurate veri: 3tion from the E-Verify program, the MEDICAL DIRECTOR hires or employs a not eligible for employment. Nothing in this section may be construed to allow intentional discrimination of any )ns protected by law. event of any action arising under this Agreement, whether or not a lawsuit or o ling is filed, each party shall bear its own costs and expenses of such action including, not limited to, reasonable attorney's fees incurred in any way in connection with the matte whether incurred before litigation, during litigation, during appeal, or in connection wii enfoi ement of a judgment, including, but not limited to, attorneys' and experts' fees. This sha include fees and costs incurred in litigating entitlement to attorneys' fees and costs, as well as i deter fining or quantifying the amount of recoverable attorneys' fees and costs. The reasonab: costs shall include costs that are taxable under any applicable statute, rule or guideline, as well, non-1 axable costs, including but not limited to, costs of investigation, copying costs, electron disco vely costs, telephone charges, mailing and delivery charges, information technology suppo char es, consultant and expert witness fees, travel expenses, court reporter fees, and mediator fee rep less of whether such costs are otherwise taxable. Medical Director Services Agreement City of Winter Springs and Dr. Husty Page 8 of 14 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 DIRECTOR'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 termination of this Agreement. 11 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 claim 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. j_fi, Governing Law: 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 the Services is Seminole County. If any dispute concerning this Agreement arises under federal law, the venue will be Orlando, Florida. IL E-Veri . a) In accordance with Chapter 448.095, Florida Statutes, the MEDICAL DIRECTOR shall register and utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the MEDICAL DIRECTOR during the term of this Contract. b) The MEDICAL DIRECTOR shall expressly require any subcontractors performing work providing services pursuant to this Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term of this Contract. Medical Director Services Agreement City of Winter Springs and Dr. Husty Page 7 of 14 I: be This Agreement shall constitute the entire Agreement between the parties relative to the ion contemplated herein and neither this Agreement nor any term or provision hereof may -.d, except, by an instrument in writing executed by the City and MEDICAL DIRECTOR. C. This Agreement may be amended, extended, or renewed only with the written approval of the pa ties. There shall be no modification of this Agreement without a writing. D. The City and MEDICAL DIRECTOR each represent that they have both shared equally in draftir g this Agreement and no party shall be favored or disfavored regarding the interpretation of this A Yreement in the event of a dispute between the parties. E. The MEDICAL DIRECTOR warrants that it has not employed or retained any company person, other than a bona fide employee working solely for the MEDICAL DIRECTOR, to solicit or sec ire this Agreement, and that it has not paid or agreed to pay any City employee or official, perso , company, corporation, individual, or firm, other than a bona fide employee working solely for th MEDICAL DIRECTOR, any fee, commission, percentage, gift, or other consideration conti gent upon or resulting form the award of making of this Agreement. F. Precautions shall be exercised at all times for the protection of all persons (including City' empl ees) and property. The safety of all applicable laws, regulations, and codes shall b obser, ed. Hazards arising from the use of vehicles, machinery, and equipment shall be guided c eliminated in accordance with the highest accepted standard of safety. MEDICAL DIRECTRI shall be solely and absolutely responsible and shall assume all liability for the safety an super, ision of its principles, employees, contractors, and agents when performing the Service nrovi ed hereunder. G. MEDICAL DIRECTOR shall comply with all requirements of federal, state, and 1 laws, rules, regulations, standards, and ordinances applicable to the performance of services u this Agreement and the incorporated Exhibits. MEDICAL DIRECTOR shall also secure maintain any and all permits and licenses required to complete this Agreement. H. W signing this Agreement, MEDICAL DIRECTOR certifies that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declai ineligible, or voluntarily excluded from covered transactions by a federal department agency. 2. Have not, within the preceding five-year period, been convicted of or had a ci judgment rendered against them for commission of fraud or a criminal offense connection with obtaining, attempting to obtain, or performing a public (federal, state local)transaction or contract under public transaction; violation of federal or state antitr statutes or commission of embezzlement, theft, forgery, bribery, falsification or destructi of records, making false statements or receiving stolen property. Medical Director Services Agreement City of Winter Springs and Dr. Husty Page 10 of 14 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity, or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable, and in full force and effect to the extent permitted by law. 20. Trafficking. As a condition of this Agreement, the MEDICAL DIRECTOR shall attest under penalty of perjury that the MEDICAL DIRECTOR does not use coercion for labor or services as defined in Section 787.06(2), Florida Statutes. Attestations shall be documented using a Human Trafficking Affidavit as provided by the City. The MEDICAL DIRECTOR understands and affirms that Section 787.06(2), Florida Statutes, defines "coercion," "labor," and "services" as follows: A. "Coercion" means: (1) using or threatening to use physical force against any person; (2) restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against his or her will; (3) using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined; (4) destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any actual or purported government identification document, of any person; (5) causing or threatening to cause financial harm to any person; (6) enticing or luring any person by fraud or deceit; or (7) providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03, Florida Statutes, to any person for the purpose of exploitation of that person. B. "Labor" means that work of economic or financial value. C. "Services" means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs. Contractor understands and affirms that Section 787.06(13), Florida Statutes, prohibits the City from executing, renewing, or extending a contract with an entity that uses coercion for labor or services. 21. Miscellaneous. A. As an independent contractor, MEDICAL DIRECTOR shall pay all expenses in connection with its consulting business and MEDICAL DIRECTOR will not incur any indebtedness on behalf of City with this Agreement. Medical Director Services Agreement City of Winter Springs and Dr. Husty Page 9 of 14 I. J IN the City Date 3. Are not presently indicted or otherwise criminally charged by a government entity (federal, state or local) with commission of any of the offense enumerated in the preceding paragraph. 4. Have not within the preceding five years had one or more public transactions (federal, state or local) terminated for cause or default. )ICAL DIRECTOR agrees to notify City within thirty (30) days after the occurrence of of the events, actions, debarments, proposals, declarations, exclusions, convictions, nent, indictments, informations, or terminations as described above, with respect to )ICAL DIRECTOR or its principals. The MEDICAL DIRECTOR warrants and represents that it complies with all Federal and State requirements concerning fair employment and that MEDICAL DIRECTOR does not and shall not discriminate by reason of race, color, religion, sex, age, national origin, disability, sexual orientation, gender identity or expression, genetic information, or any other category of persons protected pursuant to federal and/or Florida law. MEDICAL DIRECTOR guarantees that it is duly licensed and registered to conduct business in the state of Florida. IN WITNESS WHEREOF, the parties hereto have made and executed this instrument for pose herein expressed. A. Sweet, City Manager Z/ /Z,/- / -1 aesi Medical Director Services Agreement City of Winter Springs and Dr. Husty Page 11 of 14 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, 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, Rules and Regulations 64J-1.004(4)(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(4), F.A.C.; • Provide consultation regarding EMS issues to the SWAT Team 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. Medical Director Services Agreement City of Winter Springs and Dr. Husty Page 12 of 14 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. CgNTINUOUS 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, 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: 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. 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: i) The Medical Director shall perform and document in the annual report to the SWAT Commander evidence of the following required activities; • Periodically provide field observation of TEMS personnel performing patient Medical Director Services Agreement City of Winter Springs and Dr. Husty Page 13 of 14 • 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. Medical Director Services Agreement City of Winter Springs and Dr. Husty Page 14 of 14