2000-24113 RESO
, .
RESOLUTION NO.
2000-24113 -
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AN AGREEMENT
BETWEEN THE CITY AND HARRY HEINITSH, M.D., AS MEDICAL
DIRECTOR FOR THE CITY OF MIAMI BEACH EMERGENCY MEDICAL
SERVICES (EMS), FROM OCTOBER 1, 2000, TO SEPTEMBER 30, 2003;
AND APPROVING AN ANNUAL SALARY INCREASE OF 3% FROM THE
CURRENT SALARY OF $65,372, FOR A NEW SALARY OF $67,333, FOR
THE FIRST YEAR BEGINNING OCTOBER 1, 2000; A 3% INCREASE FOR
THE SECOND YEAR, FOR A SALARY OF $69,353 AND; A 3% INCREASE
FOR THE THIRD YEAR, FOR A SALARY OF $71,433; AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT;
FURTHER PROVIDING THAT THE MEDICAL DIRECTOR SHALL
PRESENT HIMSELF AND/OR BE AVAILABLE AT SUCH TIMES AS
REQUIRED BY THE FIRE CHIEF AND HIS COMMAND STAFF.
WHEREAS, the City has contracted with Harry Heinitsh, M.D., to act as Medical
Director for the City's Emergency Medical Service from August 28, 1986 through September
30,2000; and
WHEREAS, upon expiration of the last Agreement on September 30, 2000, the City
wishes to enter into the attached new three (3) year Agreement for his services, from October
1,2000, through September 30, 2003 (Agreement) and;
WHEREAS, the current salary of the Medical Director is $65,372, the Administration
is recommending that the current Agreement reflect a 3% increase for the first contract year,
beginning October 1, 2000, for anew salary of$67,333; a 3% increase for the second contract
year, beginning October 1,2001, for a new salary of$69,353; and a 3% increase for the third
contract year, beginning October 1, 2002, for a new salary of$7l,433.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Clerk are hereby authorized to execute an Agreement between the City and Harry Heinitsh, M.D.,
as Medical Director for the City of Miami Beach Emergency Medical Services (EMS), from
October 1,2000 to September 30, 2003; and approving an annual salary increase of3% from the
current salary of $65,372, for a new salary of $67,333, for the first year beginning October 1,
2000; a 3% increase for the second year, for a salary of $69,353 and; a 3% increase for the third
year, for a salary of $71,433; further providing that the Medical Director shall present himself
and/or be available at such times as required by the Fire Chief and his Command Staff.
PASSED AND ADOPTED THIS 18th day of October
,2000.
ATTEST:
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APPROVED !oS TO
FORM & lANGUAGE
& FOR EXECUTION
MAYOR
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FlORIDA 33139
http:\\cLmiami-beach.fl.us
COMMISSION MEMORANDUM NO~b 8;-00
TO:
Mayor Neisen Kasdin and
Members of the City Commission
DATE: October 18,2000
FROM:
Jorge M. Gonzalez \~
City Manager C.J 0
A Resolution Authorizing the Extension of the Agreement Between Harry
Heinitsh, M.D., and the City of Miami Beach as the Medical Director for the
City of Miami Beach Fire Department.
SUBJECT:
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND
Florida Statute 401.265 and 64E-2 requires that all Fire Department Emergency Medical Services
have a licensed Medical Director.
The City of Miami Beach entered into an Emergency Medical Service Director Agreement with
Harry Heinitsh, M.D., commencing August 28,1989. Upon the passing of City Physician, Dr. Leo
Grossman, the City reviewed the qualifications of three (3) Fire Rescue Doctors that it had under
contract at that time, and selected Dr. Heinitsh. He was subsequently offered the position of Medical
Director. Dr. Heinitsh accepted the position and the "EMS Medical Director Agreement" was
established with a provision that the term may be extended for one (1) year, upon mutual agreement
by both parties.
Agenda Item C I H
Date 10- \2.-DO
Commission Memorandum
Page 2
ANALYSIS
In addition to being Medical Director, Dr. Heinitsh also serves as a Quality Assurance Officer and
Infection Control Officer for the Fire Department. Furthermore, he has a Memorandum of
Understanding for medical direction with our Beach Patrol, Medical Dispatching and Police
S.W,A.T. Medics, at no extra cost to the City.
A comparison survey of other Medical Directors salaries and hours of work (see attachment) within
Miami-Dade County illustrates that the full time contract with Dr. Heinitsh is a greater value and
benefit for the City of Miami Beach. The Cities of Coral Gables and Hialeah pay their Medical
Directors, respectively, $40,000 and $60,000 per year for a four-hour work week. That computes
to $240 per hour. Dr. Heinitsh's minimum 40 hours per week computes to $31 per hour. A full time
Medical Director has provided Miami Beach with the highest level of quality medical oversight and
direction. A part time Medical Director will reduce the quality and value we now receive without
the quality assurance required by the State for emergency medical dispatch and the EMT's employed
by Beach Patrol.
The City of Miami Beach will also provide funds for a leased vehicle, which will be used by Dr.
Harry Heinitsh for 24 hour response to any incident, complaint, or issue at a medical facility
requiring the attention of the Medical Director. Though the actual number of responses are not
recorded, Dr. Heinitsh responds an estimated six (6) times per month and is on the scene at every
incident, without direction, where his expertise is needed. The City of Miami Beach will provide
fuel, insurance and vehicle maintenance during the term of the contract.
Fire Administration is requesting a 3% increase in the current salary of $65,372 for a new salary of
$67,333, for the first year beginning October 1,2000; a 3% increase for the second year for a salary
of $69,353 and; a 3% increase for the third year for a salary of$71,433. The current salary has been
in effect since October I, 1999.
CONCLUSION
It is in the best interest of the City of Miami Beach to renew and extend the contractual agreement
from October 1,2000 through September 30, 2003.
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Attachment
Medical Directors SalarylHours Comparison
September, 2000
Miami-Dade Fire Department
One full time Medical Director and Assistants provide 24/7 assignment and are assigned
24 hour vehicles.
Office hours average 38 per week between Director and assistants.
Total salary for Medical Direction - $127,600.
Miami Fire Department
Medical Director and Health Trust staff provide 24/7 assignment and no vehicle is
assigned. No office hours listed.
Total salary for Medical Direction - $1 I9,914.
Hialeah Fire Department
Part time Medical Director available 24/7 and no vehicle is assigned.
Office hours average 4 per week.
Salary for Medical Direction - $40,000.
Coral GabIes Fire Department
Part time Medical Director available 24/7 and no vehicle is assigned.
Office hours average 4 per week.
Salary for Medical Direction - $60,000.
Miami Beach Fire Department
Full time Medical Director available for consultation and response 24/7. Office hours 40+
per week and a 24 hour vehicle is assigned. The State requires all Medical Directors to
ride ten hours per year. Dr. Heinitsh exceeds this on a monthly basis.
Salary for Medical Direction (proposed FlY 00/01) - $67,333.
EMS MEDICAL DIRECTOR AGREEMENT
THIS AGREEMENT made this 18th day of October, 2000 by and between the CITY OF MIAMI
BEACH, a Florida Municipal Corporation having an address of I 700 Convention Center Drive, Miami Beach,
Florida 33139 (City), and HARRY HEINITSH, M.D., having an address of 6396 Manor Lane, Apartment 6,
South Miami, Florida 33143 (Contractor).
WITNESSETH
WHEREAS, The City wishes to enter into an agreement for Medical Director of the City's
Emergency Medical Services (EMS) provided by the City's Fire Department (Agreement); and
WHEREAS, Contractor wishes to serve as the Medical Director for the City's EMS.
NOW THEREFORE, in consideration of the mutual covenants and other good and valuable
consideration the receipt and sufficiency of which is hereby acknowledged the parties agree as follows:
1. Term. The term of the Agreement shall be for Three (3) years, commencing on the 1st of
October 2000, and ending on the 30th Day of September 2003. The term may be extended by mutual
agreement of the parties hereto.
2. Services. Contractor agrees to direct and coordinate the delivery of the City's EMS system in
accordance with the State of Florida Department of Health; F.A.C. 64E-2.004 Medical Direction, F.S. 401.265
Medical Directors, and other pertinent State, County and Local Laws. A copy of 64E-2.004 and F .S. 401.265
are attached hereto as Exhibit "A" and by reference made a part hereof. Contractor acknowledges that he has
read and is familiar with the foregoing codes and statues.
3. Pavment. City agrees to pay Contractor compensation for the above services at the following an
annual rates: sixty seven thousand three hundred thirty three dollars ($67,333), for the first year, sixty nine
thousand three hundred fifty three ($69,353) the second year and seventy one thousand four hundred thirty
three ($71,433) the third year. The annual amounts shall be paid in 26 bi-weekly amounts.
4. The Medical Director shall be provided with funds for a leased 24 hour vehicle equipped for
emergency responses. The City of Miami Beach will provide fuel, maintenance and insurance during the
term of the contract.
5. Medical Maloractice Insurance. City agrees to provide, on behalf of Contractor, medical
malpractice liability insurance for the period oftime he acts as the City's Medical Director. Such insurance
shall cover Contractor only for the activities relating to Contractor's capacity as Medical Director and not to
any other activities of Contractor. City shall have the option to self insure Contractor's medical malpractice
liability, to the extent permitted by law, but only up to the limits of liability set forth in Section 768.28,
Florida Statutes.
6. No Partnership. Nothing herein contained shall create or be construed as creating a co-
partnership between the City and the Contractor. Contractor shall be deemed to be an independent contractor
and not an employee of the City; and shall not attain any rights or benefits under the Civil Service or Pension
Ordinance of the City; or any rights generally afforded classified or unclassified employees. Furthermore,
he shal1 not be entitled to Florida Workman's Compensation benefits as an employee of the City or
accumulation of sick or annual leave.
7. It is further agreed that this Agreement may be altered, extended and amended only upon the prior
written consent of both parties. Contractor shall not assign, transfer or subcontract his rights and obligations
under this Agreement.
8. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct
nor indirectly, which should conflict in any manner or degree with the performance of the services to be
provided hereunder.
9. This Agreement may be terminated without cause for the convenience of either party at any time
upon furnishing one hundred twenty (120) days' written notice to the other party.
In the event oftermination for convenience of either party, the Contractor shall be paid a sum equal
to all payments due to him up to the date of termination of this Agreement, provided Contractor is continuing
to provide all services pursuant to the Agreement up to the date oftermination.
10. Contractor agrees to indemnify, defend and hold harmless, the City of Miami Beach and its
officers, employees and agents, from and against any and all actions, claims, liabilities, losses and expenses,
including, but not limited to, attorney's fees, for personal, economic or bodily injury, wrongful death, loss of
or damage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent
acts or omission or other wrongful conduct of the Contractor in connection with the Contractor's performance
of services pursuant to this Agreement. The Contractor's obligation under this article shal1 not include the
obligation to indemnify the City of Miami Beach and its officers, employees and agents, from and against any
actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful
conduct of the City and its officers, employees or agents. The parties each agree to give the other party
prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other
party .
11. The City desires to enter into this Agreement only if in so doing the City can place a limit on
City's liability for any cause of action for money damages due to an alleged breach by the City of this
Agreement, so that its liability for any such breach never exceeds the sum of $5,000.00. Contractor hereby
expresses its willingness to enter into this Agreement with Contractor's recovery from the City for any damage
action for breach of contract to be limited to a maximum amount of $5,000.00. Accordingly, and
notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall
not be liable to Contractor for damages in an amount in excess of $5,000.00 for any action or claim for breach
of contract arising out of the performance or non-performance of any obligations imposed upon the City by
this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way
intended to be a waiver of the limitation placed upon City's liability as set forth in Section 768.28, Florida
Statutes.
12. All notices under the term of this Agreement shall be sent to the following:
CONTRACTOR:
DR. HARRY HEINITSH
6396 MANOR LANE
APT. #6
SOUTH MIAMI, FL 33143
CITY:
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FL 33139
WITH COPIES TO:
OFFICE OF THE CITY ATTORNEY
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FL 33139
12. This Agreement shall be enforceable in Miami-Dade County, Florida and if legal action is
necessary by either party with respect to the enforcement of any and all terms or conditions herein, exclusive
venue for the enforcement of same shall lie in Miami-Dade County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
appropriate officials, as of the date first entered above.
ATTEST
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CITY CLERK
WITNESS
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CITY OF MIAMI BEACH
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MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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HARRY HEINITSH, M.D.
CONTRACTOR