HomeMy WebLinkAboutAgreementAGREEMENT
BETWEEN CITY OF MIAMI AND
PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY, FLORIDA
THIS AGREEMENT, dated /V /'� 2005, but effective as of October
2005, by and between the City of Miami, a municipal corporation of the State of Florida,
(hereinafter referred to as the "CITY") and the Public Health Trust of Miami -Dade County,
Florida, an agency and instrumentality of Miami -Dade County, Florida (hereinafter referred to as
the "TRUST") which operates the Jackson Health System and other designated health care
facilities.
RECITALS
The CITY has issued a Request for Proposals ("RFP") No, 04-05-097 for the provision of
Medical Director Services for the City's Department of Fire -Rescue for its Emergency Medical
Services (the "Services") and TRUST's proposal ("Proposal"), in response thereto, has been
selected as the most qualified proposal for the provision of the Services. The RFP and the
Proposal are sometimes referred to herein, collectively, as the Solicitation Documents, and are by
this reference incorporated into and made a part of this Agreement.
The Commission of the City of Miami, by Resolution No. 05-0658, adopted on
November 17 , 2005 approved the selection of TRUST and authorized the City
Manager to execute a contract, under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, TRUST and the CITY agree as follows:
TERMS
1. RECITALS: The recitals are true and correct and are hereby incorporated into and made
a part of this Agreement.
2. TERM: The term of this Agreement shall be three (3) years, commencing on October 1,
3. OPTION TO EXTEND: The term hereof may be extended, by mutual agreement in
writing of the parties, for two (2) additional terms of two (2) years each, on the same terms and
conditions, except that compensation payable to the TRUST shall not exceed a 5 percent
increase on an annual basis after the initial three year period limited to the recent year's annual
increase of the Consumer Price Index (CPI), and is subject to availability and appropriation of
funds. City Commission approval shall not be required as long the total extended term does not
exceed two (2) additional terms of two (2) years each, or a period equal to the original term of
this Agreement, whichever is longer.
4. SCOPE OF SERVICE/TRUST'S AND CITY'S RESPONSIBILITIES:
A. Generally, the Services consist of the provision of certain services, including Medical
Directorship for the Emergency Services ("EMS") provided by the City of Miami Fire -Rescue
Department, and to the Village of Key Biscayne, as more specifically described in Attachment
"A" hereto, which by this reference is incorporated into and made apart of this Agreement.
B. TRUST represents and warrants to the CITY that: (i) it possesses all qualifications,
and expertise required under the Solicitation Documents for the performance of the Services; (ii)
it currently possesses, and at all time during the term hereof shall maintain, all licenses, permits
and authorizations required for the proper performance of the Services, (iii) it is not delinquent in
the payment of any sums due the CITY, including, without limitation, payment of permit fees
and occupational licenses, nor in the performance of any obligations to the CITY; (iv) all
personnel assigned to perform the Services are and shall be, at all times during the term hereof,
fully licensed, qualified and trained to perform the tasks assigned to each, as required in
Attachment "A"; and (v) the Services will be performed in the manner described in Attachment
"A„
C. In connection with the provision of the Services hereunder, the CITY agrees to
comply with all of the provisions set forth in Attachment `B" hereto, which by this reference is
incorporated into and made a part of this Agreement.
5. COMPENSATION: The CITY agrees to pay to the TRUST, as compensation for
Services, the amount of $203,588 ($2,248 will be deducted monthly from this amount until the
Associate Medical Director is in place) for the period of October 1, 2005 through September 30,
2006, the amount of $209,420 for the period of October 1, 2006 through September 30, 2007,
and $215,427 for the period of October 1, 2007 through September 30, 2008, payable in equal
monthly installments, due on or before the 10`h day of each month commencing on the 10`E' day
of October, 2005.
6. OWNERSHIP OF DOCUMENTS: TRUST understands and agrees that any
information, document, report or any other material whatsoever which is given by the CITY to
TRUST or which is otherwise obtained or prepared by TRUST pursuant to or under the terms of
this Agreement is and sha1T at all tiines remain the--propety of"the -CITY:---TRUST-agrees--not-to - --- --
-use any such information, document, report or material for any other purpose whatsoever without
the written consent of CITY, which may be withheld or conditioned by the CITY in its sole
discretion.
AUDIT AND INSPECTION RIGHTS:
A. The CITY may, at reasonable times, and for a period of up to three (3) years
following the date of final payment by the CITY to TRUST under this Agreement, audit, or
cause to be audited, those books and records of TRUST which are related to TRUST's
performance under this Agreement. TRUST agrees to maintain all such books and records at its
principal place of business for a period of three (3) years after final payment is made under this
Agreement.
B. 'rhe CITY may, at reasonable times during the term hereof, inspect TRUST's
facilities and perform such tests, as the CITY deerns reasonably necessary, to determine whether
the goods or services required to be provided by TRUST under this Agreement conform to the
terms hereof and/or the terms of the Solicitation Documents, if applicable. TRUST shall make
available to the CITY all reasonable facilities and assistance to facilitate the performance of tests
or inspections by CITY representatives. All test and inspections shall be subject to, and made in
accordance with, the provisions of the Code of the City of Miami, Florida, as same may be
amended or supplemented, from time to time.
8. AWARD OF AGREEMENT: TRUST represents and warrants to the CITY that it has
not employed or retained any person or company employed by the CITY to solicit or secure this
Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee,
commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection
with, the award of this Agreement.
9. PUBLIC RECORDS: TRUST understands that the public shall access, at all reasonable
times, to all documents and information pertaining to CITY contracts, subject to the provisions
of Chapter 119, Florida Statutes, and agrees to allow access by the CITY and the public to all
documents subject to disclosure under applicable law. TRUST's failure or refusal to comply
with the provisions of this section shall result in the immediate cancellation of this Agreement by
the City.
10. COMPLIANCE WITH FEDERAL STATE AND LOCAL LAWS:
A. TRUST understands that agreements between private entities and local
governments are subject to certain laws and regulations, including but not limited to laws
pertaining to public records, conflict of interest and record keeping. CITY and TRUST agree to
comply with and observe all applicable laws, codes and ordinances as the may be amended from
time to time.
--- --- ._------ ____. .B.__..__.Patient Information: The Medical Director and his/her designates shall carry out
—_ '- ----e- --- ._..------ ...--- —_-p__,___-
his/her obligations under this Agreement in comliance with the privacy regulations pursuant to
- Public- Law 104-191- - of August - 21,--1996, .-known as the Health. Insurance _Portability and
Accountability Act of 1995, Subtitle F -Administrative Simplification, Sections 261, et seq., as
amended ("HIPAA"), to protect the privacy of any personally identifiable protected health
information ("PHI") that is collected, processed or learned as a result of performing the duties of
Medical Director for the City of Miami Department of Fire -Rescue.
11. INDEMNIFICATION: Subject to the provisions and limitation of Section 768.28,
Florida Statutes as it may be amended, and to the extent permitted by Florida Statutes, TRUST
shall indemnify, defend and hold harmless the CITY and its officials, employees and agents
(collectively referred to as "Indemnitee") and each of them from and against all loss, costs,
penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively
referred to as "Liabilities" by reason of any injury to or death of any person or damage to or
destruction or loss of any property arising out of, resulting from, or in connection with (i) the
performance or non-performance of the Services contemplated by this Agreement which is or is
alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or
negligence (whether active or passive) of TRUST or its employees, agents or subcontractors
(collectively referred to as "TRUST"), regardless of whether it is, or is alleged to be, caused in
whole or part (whether joint, concurrent or contributing) by any act, omission, default or
negligence (whether active or passive) of the Indemnitees, or (ii) the failure of the TRUST to
comply with any of the paragraphs herein or the failure of the TRUST to conform to statutes,
ordinances or other regulations or requirements of any governmental authority, federal or state,
in connection with the perfonnance of this Agreement. TRUST expressly agrees to indemnify
and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be
asserted by an employee or former employee of TRUST, or any of its subcontractors, as
provided above, for which the TRUST's liability to such employee or former employee would
otherwise be limited to payments under state Worker's Compensation or similar laws.
TRUST further agrees to indemnify, defend and hold harmless the Indemnitees from and
against (i) any and all Liabilities imposed on account of the TRUST's violation of any law,
ordinance, order, 171.1.1e, regulation, condition, or requirement, in any way related, directly or
indirectly, to TRUST's performance hereunder, compliance with which is left by this Agreement
to the TRUST, and (ii) any and all claims, liens and/or suits for labor and materials furnished by
the TRUST or utilized in the performance of this Agreement.
Nothing herein shall be interpreted to be a wavier or sovereign immunity afforded to the
TRUST and as set forth in Section 768.28, Florida Statutes, as it may be amended.
12. DEFAULT: If TRUST fails to comply with any tern or condition of this Agreement, or
fails to perform any of its obligations hereunder, then TRUST shall be in default. Upon the
occurrence of a default hereunder the CITY, in addition to all remedies available to it by law,
may immediately, upon written notice to TRUST, demand that the TRUST cure such default
within ten (10) business days of such written notice. Upon failure of the TRUST to cure within
the ten (10) business day cure period, the City may terminate this Agreement whereupon all
adv_ances,__or_other_compensation_paid bX the CITY to TRUST while TRUST was in
default shall be immediately returned to the CITY. TRUST understands and agrees that
termination of this Agreement under this section shall not release TRUST from any obligation
accruing prior to the effective date of termination.
13. RESOLUTION OF CONTRACT DISPUTES: TRUST understands and agrees that all
disputes between TRUST and the CITY based upon an alleged violation of the terms of this
Agreement by the CITY shall be submitted to the City Manager for his/her resolution, prior to
TRUST being entitled to seek judicial relief in connection therewith. In the event that the
amount of compensation hereunder exceeds $25,000, the City Manager's decision shall be
approved or disapproved by the CITY Commission. TRUST shall not be entitled to seek judicial
relief unless: (i) it has first received City Manager's written decision, approved by the CITY
Commission if the amount of compensation hereunder exceeds $25,000, or (ii) a period of sixty
(60) days has expired, after submitting to the City Manager a detailed statement of the dispute,
accompanied by all supporting documentation (90 days if City Manager's decisions is subject to
CITY Commission approval); or (iii) CITY has waived compliance with the procedure set forth
in this section by written instruments, signed by the City Manager.
14. TERMINATION RIGHTS:
A. Either party shall have the right to terminate this Agreement, at any time, by
giving at least sixty (60) days prior written notice of termination to the other- party. Notice must
be by certified mail, return receipt requested, to the party and address specified in this
Agreement. Notice is effective upon receipt. In such event, the CITY shall pay to TRUST
compensation for services rendered and expenses incurred prior to the effective date of
termination. In no event shall the CITY be liable to TRUST for any additional compensation,
other than that provided herein, or for any consequential or incidental damages.
B. The CITY shall have the right to terminate this Agreement for a default hereunder,
after notice and opportunity to cure as provided in Section 12 above. In such event, the CITY
shall not be obligated to pay any amounts to TRUST and TRUST shall reimburse to the CITY all
amounts received while TRUST was in default under this Agreement.
15. INSURANCE: The TRUST is a state agency as defined in Section 768.28(2), Florida
Statutes. The TRUST represents and warrants to the CITY that it is self insured by liability, both
public and property, and Workers Compensation coverages, as set forth under Sections 768.28
and 440, Florida Statutes. The TRUST agrees to provide to the CITY a certificate of coverage
upon execution of this Agreement.
16, CONFLICT OF INTEREST:
A. TRUST is aware of the conflict of interest laws of the City of Miami (Miami City
Code Chapter 2, Article V), Miami -Dade County, Florida (Miami -Dade County Code, Section 2-
11.1 et. seq.) and of the State of Florida as set forth in the Florida Statutes, and agrees that it will
fully comply in all respects with the terms of said laws and any future amendments thereto.
B. TRUST covenants that no person or entity under its employ, presently exercising any
functions -or responsibilities in connection with this Agreement, has -any personal financial
interests, direct or indirect, with the CITY. TRUST further covenants that, in the performance of
this Agreement, no person or entity having such conflicting interest shall be utilized in respect to
services provided hereunder. Any such conflict of interest(s) on the part of TRUST, its
employees or associated persons, or entities must be disclosed in writing to the CITY.
17. NONDISCRIMINATION: TRUST represents and warrants to the CITY that TRUST
does not and will not engage in discriminatory practices and that there shall be no discrimination
in connection with TRUST's performance under this Agreement on account of race, color, sex,
religion, age, handicap, marital status or national origin, TRUST further- covenants that no
otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age,
handicap, martial status or national origin, be excluded from participation in, be denied services,
or to be subject to discrimination under any provision of this Agreement.
18. MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT
PROGRAM: The CITY has established a Minority and Women Business Affairs and
Procurement program (the "M/WBE Program") designed to increase the volume. of CITY
procurement and contracts with Blacks, Hispanic and Women -owned business. The M/WBE
Program is found in Ordinance No. 10062, a copy of which has been delivered to, and receipt of
which is hereby acknowledged by, TRUST. TRUST understands and agrees that the CITY shall
have the right to terminate and cancel this Agreement, without notice or penalty to the CITY, and
to eliminate TRUST from consideration and participation in future CITY contracts if TRUST, in
the preparation and/or submission of the Proposal, submitted false of misleading information as
to its status as Black, Hispanic and/or Women owned business and/or the quality and/or type of
minority or women owned business participation.
19. ASSIGNMENT: This Agreement shall not be assigned by TRUST, in whole or in part,
without the prior written consent of the CITY, which may be withheld or conditioned, in the
CITY's sole discretion.
20. NOTICES: All notices or other communications required under this Agreement shall be
in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return
receipt requested, addressed to the other party at the address indicated herein or to such other
address as a party may designate by notice given as herein provided. Notice shall be deemed
given on the day on which personally delivered; or, if by mail, on the fifth day after being posted
or the date of actual receipt, whichever is earlier.
TO TRUST: TO THE CITY:
Marvin O'Quinn Joe. Arriola
Chief Executive Officer City Manager
Public Health Trust City of Miami
1611 N.W. 12`h Avenue 3500 Pan American Drive
Miami, Florida 33136 Miami, Florida 33133
With Cony To.: _.
Jorge L. Fernandez, Esq.
City Attorney
City of Miami
444 S.W. 2nd Avenue, Suite 945
Miami, Florida 33130
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21. MISCELLANEOUS PROVISIONS:
A. This Agreement shall be construed and enforced according to the laws of the State of
Florida.
B. Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
C. No waiver or breach of any provision of this Agreement shall constitute a waiver of
any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
D. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the CITY of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable, then same shall be deemed severable, and in either
event, the remaining terms and provisions of this Agreement shall remain unmodified and in fill
force and effect or limitation of its use.
E. This Agreement constitutes the sole and entire agreement between the parties hereto.
No modification or amendment hereto shall be valid unless in writing and executed by property
authorized representatives of the parties hereto.
F. It is further provided that in no event shall the agents, contractors, officers, servants
or employees of the CITY or the Village of Key Biscayne be considered to be agents, officers,
servants or employees of the TRUST.
G. It is further provided that in no event shall the agents, contractors, officers, servants
or employees of the TRUST be considered to be agents, officers, servants or employees of the
CITY or the Village of Key Biscayne.
22. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the pal -ties
hereto and their successors, or assigns.
23. --IN- DEPENDENT.C.ONTRACTOR:_ TRUST has been procured and is being engaged to
provide services to the CITY as an independent contractor, and not as an agent or employee of
the CITY. Accordingly, TRUST shall not attain, nor be entitled to, any rights or benefits under
the Civil Service or Pension Ordinances of the CITY, nor any rights generally afforded classified
or unclassified employees. TRUST further understands that Florida Workers' Compensation
benefits available to employees of the CITY are not available to TRUST, and agrees to provide
workers' compensation insurance for any employee or agent of TRUST rendering services to the
CITY under this Agreement.
24. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the
availability of funds and continued authorization for program activities and the Agreement is
subject to amendment or termination due to lack of funds, reduction of funds and/or change in
regulations, upon sixty (60) days notice.
25. REAFFIRMATION OF REPRESENTATIONS: TRUST hereby reaffirms all of the
representations contained in the Solicitation Documents.
26. ENTIRE AGREEMENT: This instrument, its attachments, the Solicitation Documents,
and their attachments constitute the sole and only agreement of the parties relating to the subject
matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of
its date. Any prior agreements, promises, negotiations, or representatives not expressly set forth
in this Agreement are of no force or effect.
27. COUNTERPARTS: This Agreement may be executed in two or more counterparts,
each of which shall constitute an original but all of which, when taken together, shall constitute
one and the same agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their respective officers thereunto duly authorized, this the day and year above written.
"CITY"
ATTEST: CITY OF �,IAW—,-a_,punici I
corp r tiof he State of rids
Priscilla A. Thompson, City C rk By: Jo Arriola, City Manager
"TRUST"
ATTEST: Public Health Trust of Miami -Dade
_..----_---.----------- ----- County, Florida, an agency and
Instrumentality of-lGliaiiii=Dade County,-�'�-"'—�------------- - -
Florida
1
Print Name: Laurie Nuell
Title: Secretary, Board of Trustees
6arvin O'Quinn
Chief Executive Officer
Public Health Trust
APPROVED AS TO FORM AND
CORREC;IESS": fy'
Jorge L. F6ha'a d z�y Attorney
APPROVED AS TO INSURANCE
REQUIREMENTS:
Dania F. Carrillo
Risk Management, Administrator
APPROVED AS TO FORM AND LEGAL APPROVED FOR SUFFICIENCY AS TO
SUFFICIENCY BY THE MIAMI-DADE INSURANCE AND/OR LIABILITY BY
COUNTY ATTORNEY'S OFFICE , RISK
i MANA T, JACKSON HEALTH
SYST M
Signa ure Date ture Dat
This Agreement was authorized and approved by the Board of Trustees of the Public Health
Trust of Miami -Dade County, Florida, pursuant to Trust Resolution No. PHT
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16. Develop and revise, when necessary, Trauma Transport Protocols to comply with the State of
Florida requirements;
17. Evaluate and approve continuing education hours for re -certification of paramedics, EMT's,
and Emergency Medical Dispatchers (EMD's);
18. Consult with Department on medically -related issues for EMS personnel (e.g. legal issues,
policy development on issues such as Dive Team or Hazardous Materials Team medical
evaluations, etc.) on an as needed basis; and
19. Perform such other duties as may be negotiated or required.
20. Duties relating to the Village of Key Biscayne: The Village of Key Biscayne receives its
Medical Direction Services from the CITY of Miami. Therefore, the Medical Director shall
have additional responsibilities relating to the needs of the Village of Key Biscayne's
Department of'Fiie-Rescue: Medical Director must perform all services to Key Biscayne in
the same manner as provided to the CITY, in addition to the following responsibilities:
1. Review 100% of ALS incidents (report review and crew remediation if necessary)
and completion of the Quality Assurance Form;
2. Review 25% of all BLS incidents (report review and crew remediation if necessary);
3. Meet monthly with EMS Captain or Department's designee (2 hours per month);
4. Meet bi-annually with the Deputy Fire Chief (2 hours each meeting);
S. Publish a quarterly newsletter; and
6. Develop new programs (2 hours per month).
Minimum Oualificatiorrs for Medical Director: The Medical Director must satisfy the
following minimum qualifications:
♦ Florida licensed Medical Doctor (M.D.) or Doctor of Osteopathy (D.O.);
Board certified or Board qualified in Emergency Medicine preferred, or Board
certified or Board qualified in Internal Medicine or Family Practice with a minimum
of 2 years experience as a physician in an Emergency Department in the past 5 years;
♦ Advanced Cardiac Life Support (ACLS) and Advanced Trauma Life Support (ATLS)
provider certification, with instructor certification in at least one of them;
Primary residence and work location within standard portable radio range of the
CITY's radio system, in order to monitor calls as needed (i.e., not to exceed 20 miles
in any direction from the Main transmitter located at I l I NW 1St Street, Miami, Fl);
t Shall possess education and/or experience in EMS education;
0 Possess a minimum of two (2) years experience as an EMS Medical Director in the
DEA licensed for Schedule
Tier 2• Primary Response Physicians' Group ton -line Medical Advisors):. _._ The
..................... ..... .
responsibilities of the Primary Response Physicians' Croup are as follows:
1. Report to the Medical Director,
2. Monitor City of Miami Medical Channel radio traffic on a 24 hour per day, 365 days per year
basis, either through direct radio response to each EMS call (no matter what the destination
hospital), or by monitoring the Tier 3 physicians response. Tier 2 Physicians shall have
IF
responsibility to immediately override any advice given by Tier 3 physicians that is not in
accord with departmental protocols or standard of care for EMS;
3. Act in accordance with CITY EMS protocols, and medical policies and procedures;
4. Maintain a current knowledge of CITY EMS protocols and medical policies and procedures
to the satisfaction of the Medical Director;
5. Ride with an EMS crew for a minimum of 4 hours prior to assumption of duties;
6. Train with the Medical Director for the period designated by the Medical Director prior to
assumption of duties;
7. Develop knowledge in the operation of the CITY's EMS system prior to assumption of
duties; and
8. Develop knowledge of the CITY's EMS protocols (standing orders) prior to assumption of
duties.
Minimum Oualifications of the -Primary Response Physicians' Groun: The Primary
Response Physicians must satisfy the following minimum qualifications:
1. Bea Florida licensed M.D. orD.0,
2. Be an Advanced Cardiac Life Support (ACLS) Provider.
3. Possess Active medical staff privileges at a hospital, within the corporate limits of the CITY
of Miami.
Tier 3: First Response Radio Physician Group: The responsibilities of First Response Radio
Physician Group are as follows:
1. Monitor and respond to City of Miami Medical Channel radio traffic on a 24 hour per day,
365 days per year basis, with medically appropriate orders, and be available by radio to on -
scene EMS personnel as a resource for treatment and/or transportation questions of an
immediate nature;
2. Train with the Medical Director prior to assumption of duties;
3. Be available during a tour of duty at a hospital within the jurisdiction of the City of Miami to
answer questions from, and interact with, City of Miami Fire -Rescue EMS crews in reference
to their duties;
4. Maintain a current knowledge of CITY EMS protocols and medical policies and procedures
to the satisfaction of the Medical Director;
5. Develop knowledge in the operation of the CITY's EMS system prior to assumption of
duties; and
6: -Developknowtedg_in the CITY's EMS protocols (standing orders) prior to assumption of
duties. '" "------
Minimum Qualifications of First Response Radio Physician Group:- The First Response
Radio Physicians must satisfy the following minimum qualifications:
1. Possess active medical staff privileges, if individually licensed, or residency in good standing
with an accredited training program, at a hospital within the corporate limits of the City of
Miami.
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2. Possess a M.D. or D.O. with either an individual Florida Medical License or licensed under a
hospital license for physicians in an accredited residency training program. Physicians in
residence must have entered at least their 2°d year of residency.
Tier 4: Associate Medical Director: The Medical Director working with MFR through a
committee process will select an Associate Medical Director who shall have the following
responsibilities at a minimum:
I . Report to EMS Medical Director;
2. Maintain familiarity with all equipment and medications carried on ALS units;
3. Maintain familiarity with all EMS protocols and policies;
4. Maintain familiarity with federal; state, and local laws and' -administrative codes as they apply
to EMS;
5. Maintain knowledge and skills in Disaster Management and in local, federal, and state
disaster response plans; participate in MCI drills with MFR;
6. Serve as acting Medical Director in the Medical Director's absence;
7. Respond to EMS scenes with EMS crews for training and quality management;
8. Review and approve EMT recertification course content;
9. Investigate new EMS equipment or treatments for adoption by MFR;
10. Participate in ALS classroom teaching (lectures or procedural skills) and course development;
11. Participate in development and revision of EMS medical protocols;
12. Participate in education and evaluation of new recruits during their probationary period;
13. Participate in medical control radio coverage at JMH;
14. Develop an EMS research project with the .EMS Medical Director;
15. Develop Tactical EMS protocols;
16. Assist QM officers with periodic QM newsletter;
17. Participate in Hazardous Materials response planning;
18. Work an average of 8 hours per week over an annual period;
19. Attend majority of meetings for:
a. EMS Equipment Committee.
b. Region 7 WMD committees (primarily EMS).
c. Miami -Dade County OEM meetings for hospitals andlor EMS; and
d. MFR Curriculum Committee.
20. Attend the following meetings periodically:
a. mFiz-.cell--c;ornmrttee.mrettrigs. ---
b. FOAM -D EMS Subcommittee;
e. Area hospital meeting. -
21. Assist the EMS Medical Director with the following: -
a. Liaison to local Emergency Departments on EMS issues;
b. Participation in Continuous Quality Improvement program;
c. Protocol re -testing of paramedics;
d. Attendance and participation at State Bureau of EMS meetings;
e. PAD Program;
f. Orientation and assistance for Tier 3 radio physicians (residents); and
g. Emergency Medical Dispatch oversight;
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Minimum Qualifications for Associate Medical Director; The Associate Medical Director
must satisfy the following minimum qualifications:
♦ Florida licensed Medical Doctor (M.D.) or Doctor of Osteopathy (D.O.);
United States residency -trained and board certified in his/her specialty
1. Advanced Cardiac Life Support (ACLS) certified and either Advanced Trauma
Life Support (ATLS) or Pediatric Advanced Life Support (PALS) certified, with
instructor certification in at least one of those fields.
2. Minimum of 2 years experience in EMS -related duties.
a. Be acceptable to the City of Miami and MFR.
OTHER DUTIES: In addition to the foregoing, TRUST shall have the responsibility to:
1. Remunerate the Medical Director and the physicians described in Tiers 2, 3 and Tier 4;
2. Schedule Tier 2 and Tier 3 physicians to ensure adequate coverage, and, prior to the I" of
every month, supply the CITY with a work schedule of the Tier 2 physicians for that month;
3. Document and supply education, training, and quality management for all physicians
described in Tier 2, 3 and Tier 4;
4. Provide such other administrative support, including office space, to Medical Director as may
be required to perform the medical direction services.
5. To the extent appropriate, support legal services such as limited case review as may be
required by the Medical Director in the performance of his/her responsibilities.
6. Comply with the following and all applicable HIPAA requirements as they pertain to Miami
Fire -Rescue ("MFR") patients and those patient's medical records. TRUST, including his/her
agents, servants, subcontractors and employees, shall carry out its obligations under this
Agreement in compliance with the privacy regulations of the Health Insurance Portability
and Accountability Act of 1996 (HIPAA) as amended from time to time, and the regulations
promulgated therein, in order to protect the privacy of all individually identifiable protected
health information (PHI) that is created, received, collected, processed or learned as a result
of the services provided pursuant to this RFP. In conformity therewith, TRUST agrees that
he/her and his/her agents, servants, subcontractors, and employees shall:
a. Not use or further disclose PHI except as permitted under this Agreement or required by
law;
b. Use appropriate safeguards to prevent use or disclosure of PHI except as permitted by
this Agreement and shall not use or further disclose PHI in a manner that would violate
--HIP-�A'-s-requirements... if done byMiami_ Fire -Rescue;
c. As soon as reasonably practical, report i- MFR any— s--or-diselosure-of PHI_notp_royided
for by this Agreement of- which ,TRUST becomes aware, and mitigate, to the extent
.............._......
possible, any harmful effect of such use or disclosure of PHI; -
d. Ensure that any business associates, agents or subcontractors, to whom TRUST provides
PHI, or who have access to PHI, agree to the same restrictions, terns, and conditions that
apply to TRUST with respect to such PHI;
e. Make PHI available to MFR and to individuals who have a right of access to information
under HIPAA;
f. Incorporate any amendments to PHI in accordance with HIPAA when notified to do so
by MFR;
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g. Provide an accounting to the CITY's authorized representative of all uses or disclosures
of PHI made by TRUST, in accordance with H1PAA, within sixty (60) days;
h. At the termination or expiration of any Agreement, TRUST shall return to MFR all PHI
received from, or created or received by TRUST on behalf of MFR that TRUST still
maintains in any form and shall not retain copies of such information. If such return is not
feasible, TRUST shall continue to protect such PHI in accordance with this Agreement
and HIPAA, and must limit further uses and disclosures of such PHI for those purposes
that made the return of such PHI not feasible.
i. Except as otherwise limited in an Agreement, TRUST may use or disclose PHI to
perform functions, activities, or services for, or on behalf of, the CITY as specified in the
Agreement, provided that such use or disclosure would not violate HIPA.A's
requirements if done by MFR;
j. TRUST may, if necessary, use and disclose PHI for the proper management and
administration of TRUST or to carry out the legal responsibilities of TRUST. However,
in order to disclose PHI;
i. The disclosure must be required by law; or
ii. TRUST must obtain reasonable assurances from the person to whom the information
is disclosed that it will be held confidentially and used or further disclosed only as
required by law or for the purpose for which it was disclosed to the person; and
iii. The person must notify TRUST of any instances of which it is aware in which the
confidentiality of the information has been breached.
7. Shall protect, defend, reimburse, indemnify, and hold CITY, its' agents, employees and
elected officers, harmless from and against all claims, liability, expense, loss, cost, penalties,
damages or causes of action of every kind or character, including attorney's fees and costs,
whether at trial or appellate levels or otherwise, arising as a result of any disclosure of
protected health information due to the actions or inactions of TRUST.
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ATTACHMENT "l3"
MEDICAL DIRECTOR'S CONTRACT
The CITY shall have the responsibility to:
1. Ensure that all paramedical and Emergency Medical Technician personnel assigned to
advanced life support vehicles will be approved by the Medical Director and the Fire
Department;
2. Provide the Medical Director a list of equipment carried on the advanced life support
vehicles which shall be in accordance with the equipment required by regulations of the
Department of Health and Chapter 401 of the Florida Statutes;
3. Carry said equipment on ,all EMS vehicles used. In the event the Medical Director
determines that the equipment listed does not meet the requirements of the regulations, the
CITY agrees that it will immediately take the necessary action to bring the equipment carried
on the advanced life support vehicles into compliance with the regulations;
4. To support the Medical Director by providing the personnel (paramedic, EMT's, EMD's), to
support protocol development and review in conjunction with the Medical Director, and to
provide Quality Assurance review in each division in keeping with regulations of the
Department of Health, Florida Administrative Code 64-E, and Florida Statute 401.
Necessary support positions include those of a full-time Paramedic Instructor, of two full-
time Quality Management (QM) Officers, and of sufficient part-time training personnel to
provide twenty-four hours per week of medical educational support in addition to that
provided by the Paramedic Instructor and QM Officers. In addition a full-time Quality
Assurance Officer for Emergency Medical Dispatch must be assigned, and sufficient part-
time personnel for Quality Assurance reviews, dispatcher education, and other requirements
to meet national certification standards of the Medical Priority Dispatch System. Assignment
of specific support personnel is subject to the approval by a Selection Committee with
Representatives from MFR Labor and Management. The Medical Director or his/her
designee will be a part of this Selection Committee.
5. Provide and maintain a radio communication system that assures effective and un -interrupted
radio communication capability between EMS personnel and the designated radio physician.
6. To the extent appropriate, support legal services such as limited case review as may be
required by the Medical Director in the performance of his/her responsibilities.
--- -�: provide--rEmoie..._ac-ce.�s to_ Fire -Rescue Computer Aided Dispatch (CAD) and Records
Management System --
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