2013-28129 Resolution RESOLUTION NO. 2013- 28129,
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING BY 5 /7TH VOTE, A WAIVER
OF COMPETITIVE BIDDING, FINDING SUCH WAIVER TO 'BE IN , THE
BEST INTEREST OF THE CITY, AND APPROVING ANOTHER ONE (1)
YEAR RENEWAL OF THE CONTRACT BETWEEN THE CITY AND
FREDERICK M. KEROFF, M.D., DATED OCTOBER 1, 2012, FOR
MEDICAL DIRECTOR OF THE CITY OF MIAMI BEACH'S EMERGENCY
MEDICAL SERVICES (EMS), IN THE ANNUAL AMOUNT OF $47,207;
FURTHER APPROVING AN AMENDMENT TO THE CONTRACT TO
ALLOW FURTHER RENEWALS TO BE EXERCISED BY THE CITY
MANAGER, ON BEHALF OF THE CITY.
WHEREAS, Florida Statute 401.265 and Rules of the Department of Health, Chapter 64J
1.004, Florida Administrative Code, requires that all Fire Department emergency medical
services have a licensed Medical Director; and
WHEREAS, Dr. Fredrick M. Keroff has served as Medical Director since March 28, 2002,
as authorized by Resolution Numbers 2002 -25038 and 2005 - 26030; and
WHEREAS, due to Dr. Keroff's familiarity with the Miami Beach Fire Department's EMS
System and medical protocols, and his service to the Department and the City over the past ten
(10) years, it is in the City's best interest to waive the competitive bidding requirement and to
renew the contract with Dr. Keroff for another one (1) year term, commencing on October 1,
2012, and ending on September 30, 2013, and continue to contract with Dr. Keroff for the
continued provision of said services, at an annual salary of $47,207; and
WHEREAS, the Administration recommends that Dr. Keroff's contract also be amended
so as to allow the City Manager to exercise future renewal options, on behalf the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve by 5 /7th vote, a waiver of competitive bidding, finding such waiver
to be in the best interest of the City, and approve another one (1) year renewal of the contract
between the City and Frederick M. Keroff, M.D., dated October 1, 2012, for Medical Director of
the City of Miami Beach's Emergency Medical Services (EMS), in the annual amount of $47,207;
further approving an amendment to the contract to allow further renewals to be exercised by the
City Manager, on behalf of the City
PASSED and ADOPTED this ��/��i day of YGhKGr 2013.
ATTEST: R
CITY CLERK` '` AMA OR
INCORP ORATED: APPROVED A TO
FORM & LAN AGE
�%• ',`� & Ff1R EX TION
TAAGENDA \2013 \January 16\MedicalDi ei Rdo
qty ey ate
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Authorizing By 5/7th Vote, The Waiver Of Competitive Bidding, Finding Such Waiver To
Be In The Best Interest Of The City, And Authorizing The Mayor And City Clerk To Execute An
Amendment To The Contract Between The City Of Miami Beach And Frederick M. Keroff, M.D., Dated
October 1, 2005, For Medical Director Of The City Of Miami Beach's Emergency Medical Services
(Ems), In The Annual Amount Of$47,207; Said Amendments Approving The Renewal Option Of The
Contract, And Further Amending Section 1 Thereof (Terms) To Allow Subsequent Renewal By The
City Manager.
Key Intended Outcome Supported:
Increase community satisfaction with City government.
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Item Summary/Recommendation:
Florida Statute 401.265 and Rules of the Department of Health, Chapter 64J 1.004, Florida
Administrative Code, requires that all Fire Department emergency medical services have a licensed
Medical Director.
Dr. Fredrick M. Keroff has served as Medical Director since March 28, 2002, as authorized by
Resolution Numbers 2002-25038 and 2005-26030. Due to Dr. Keroffs familiarity with the Miami
Beach Fire Department's EMS System and medical protocols, and his service to the Department and
the City over the past ten (10) years, it is in the City's best interest to continue to contract with Dr.
Keroff for the continued provision of said services, at an annual salary of$47,207.
The purpose of this Resolution is to recommend the renewal option of this contract, and to amend
Section 1 of such contract, to allow renewal for option years by the City Manager, at his/her sole
discretion.
In accordance with section 2-367 of the City Code, the City requests to waive the competitive bid
process with a 5/7 1h commission vote.
APPROVE RESOLUTION.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account
Funds: 1 $47,207.00 011-1220-000312 Professional Services
2
�tKk 3
OBPI Total $47,207.00
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Alex Denis, ext. 7490.
Sign-Offs:
Department Director Assistant City Manager City YKnager
JO KGB
TAAGENDA\2013\January 16\Medicaldirector-Renewal-Summary.Docx
AGENDA ITEM OC
MIAMIBEACH
SATE /--&-13
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager
DATE: January 16, 2013
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING BY 5/7TH VOTE, THE
WAIVER OF COMPETITIVE BIDDING, FINDING SUCH WAIVER TO BE IN
THE BEST INTEREST OF THE CITY, AND AUTHORIZING THE MAYOR
AND CITY CLERIC TO EXECUTE AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY OF MIAMI BEACH AND FREDERICK M. KEROFF,
M.D., DATED OCTOBER 1, 2005, FOR MEDICAL DIRECTOR OF THE CITY
OF MIAMI BEACH'S EMERGENCY MEDICAL SERVICES (EMS), IN THE
ANNUAL AMOUNT OF $47,207; SAID AMENDMENTS APPROVING THE
RENEWAL OPTION OF THE CONTRACT, AND FURTHER AMENDING
SECTION 1 THEREOF (TERMS) TO ALLOW SUBSEQUENT RENEWAL BY
THE CITY MANAGER.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENTED OUTCOME
Increase community satisfaction with City government.
AMOUNT AND FUNDING
Account Code: 011-1220-000312 - $47,207— Professional Services.
BACKGROUND
Florida Statute 401.265 and Rules of the Department of Health, Chapter 64J 1.004,
Florida Administrative Code, requires that all Fire Department emergency medical
services have a licensed Medical Director.
Dr. Fredrick M. Keroff has served as Medical Director since March 28., 2002, as
authorized by Resolution Numbers 2002-25038 and 2005-26030. Due to Dr. Keroff's
familiarity with the Miami Beach Fire Department's EMS System and medical protocols,
and his service to the Department and the City over the past ten (10) years, it is in the
City's best interest to continue to contract with Dr. Keroff for the continued provision of
said services, at an annual salary of$47,207.
January 16, 2013
Commission Memorandum
Medical Director Contract Renewal
Page 2 of 2
The purpose of this Resolution is to recommend the renewal option of this contract, and
to amend Section 1 of such contract, to allow renewal for option years by the City
Manager, at his/her sole discretion. In accordance with section 2-367 of the City Code ,
the City requests to waive the competitive bid process with a 5/7th commission vote.
CONCLUSION
The Administration recommends that the Mayor. and City Commission adopt the
attached resolution, and authorize the Mayor and City Clerk to execute an amendment
to the contracts between the City and Frederick M. Keroff, M.D., dated October 1, 2005,
for Medical Director of the City's Emergency Medical Services (EMS) provided by the
City's Fire Department, in the total estimated annual amount of $47,207; said
Amendment approving the renewal option of the contract, and further amending Section
1 thereof(Terms) of such contracts to allow subsequent renewals by the City Manager.
T:\AGENDA\2013\January 16\1VIedicalDirector-Memo.docx
T:\AGENDA\2013\01-16-13\MedicalDirectorContractRenewal Memo.doc
0�3-a842
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
CITY OF MIAMI BEACH
AND
FREDERICK M. KEROFF
FOR
MEDICAL DIRECTOR OF MIAMI BEACH FIRE DEPARTMENT
ADVANCED LIFE SUPPORT PROVIDER
THIS AGREEMENT made this day of res)ZOAFY 2013, by and between the
CITY OF MIAMI BEACH, a Florida municipal corporation having its address at 1700 Convention
Center Drive, Miami Beach, FL 33139 (CITY), and FREDERICK M. KEROFF, M.D.
(CONTRACTOR), having his principal address at 2883 E. Lake Vista Circle; Davie, FL 33328-
1127.
WITNESSETH
WHEREAS, the CITY wishes to enter into an agreement with Contractor 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 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 initial term of the Agreement shall be deemed to have commenced
retroactively, as of the 1st day of October, 2012, and shall terminate on the 30th day of
September, 2013. At his/her sole discretion and convenience, and provided further that
Contractor is in good standing herein and is performing the services satisfactorily, the
City Manager may renew this Agreement for consecutive one (1) year renewal terms,
upon sixty (60) days written prior notice to Contractor.
2. Services.
2.1 Contractor is a medical doctor qualified and licensed as such under the Laws of
Florida and will retain said status throughout the Term of this Agreement. Contractor
agrees to direct and coordinate the delivery of the CITY's EMS system in accordance
with such rules and procedures as may be established by the State of Florida
Department of Health; Florida Administrative Code (F.A.C.) Section 64J-1.004 (Medical
Direction); Section F.S.401.265, Florida Statutes (Medical Directors); and other pertinent
State, County and Local Laws; all as may be amended from time to time. A current copy
of F.A.C. 64J-1.004 and F.S. 401.265 are attached hereto as Exhibit "A" and by
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reference made a art hereof. Contractor acknowledges and represents that he has read
p 9 p
and is familiar with the foregoing codes and statutes, and shall also stay advised and
familiar with any subsequent amendments thereto.
2.2 Contractor shall provide the following services:
(a) Consult in planning for Advanced Life Support provided by the Miami Beach Fire
Department including provision of vehicles, equipment, supplies, Paramedic and
Emergency Medical Technician training and utilization of medical facilities.
(b) Consult in coordination of training of Miami Beach Fire. Department Paramedics and
Emergency Medical Technicians and including testing and certification procedures in
conformance with the laws and regulations promulgated by the State of Florida,
Miami-Dade County, and the City of Miami Beach.
(c) Certify that each Miami Beach Fire Department Paramedic is qualified to administer
Basic and Advanced Life Support to sick or injured persons in a pre-hospital
environment according to the written Advanced Life Support service protocols of the
Medical Director.
(d) Coordinate, design, implement and participate in a quality control program of patient
care provided by the Emergency Medical Technicians and Paramedics of the
Advanced Life Support service. Medical Director shall conduct regular weekly review
sessions with the Emergency Medical Technicians and Paramedics in regard to the
medical management of patients on assigned rescue incidents to provide on-site
evaluation of their professional performances and management of patients.
(e) Participate in the planning and implementation of a Medical Priority Dispatch System,
including the review, approval and certification of dispatch protocols and
establishment of Quality Improvement/Assurance parameters.
(f) Report to the Department of Health and Rehabilitative Services any emergency
medical technician or paramedic deemed, in the opinion of the Medical Director, to
be incompetent in the performances of his/her duties. Such a report of alleged
incompetence shall include a statement of the acts of alleged incompetence.
(g) Coordinate the provision of and monitor communications between the area hospitals'
emergency department base station(s) and other network hospitals and the
individual Miami Beach Fire Department emergency medical rescue units for the
purpose of medical supervision of on-site emergency medical care by the
paramedics.
(h) Provide liaison services between the Miami Beach Fire Department and the various
community hospitals and trauma centers utilized by the Miami Beach Fire
Department Advanced Life Support service. In addition, provide liaison for the Miami
Beach Fire Department to any agency of institution affecting the education of the
paramedics or community policies regarding the provision of Advanced Life Support
services.
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(i) Supervise a registered physician's assistant or other certified professional, who is
equally qualified in the area of Emergency Medical Services to provide assistance for
the Miami Beach Fire Department with the following responsibilities:
1. Carry out on-site monitoring.
2. Quality control.
3. Educational requirements for State re-certification.
4. Training for regular weekly sessions on Advanced Life Support protocols.
5. Ride the ALS vehicle for on-site supervision and training.
6. Act as liaison between the Miami Beach Fire Department Emergency Rescue
Division Chief and the Medical Director with regard to all training and
educational activities.
7. Implement a system of review of all emergency medical rescue incident
reports and arrange for special training and education of the rescue
personnel deviation from protocol, exceptional cases in which the paramedics
and EMTs are involved.
8. Provide liaison between the emergency room staff of the area hospitals and
the Miami Beach Advanced Life Support service personnel.
9. Provide liaison between the area learning institutions, Miami Dade College
and University of Miami School of Medicine, and other related emergency
medical professional organizations.
3. Payment. CITY agrees to pay Contractor compensation for the above Services to
be provided herein at the following rate: forty seven thousand two hundred and seven
and 00/100 ($47,207.00), per one year term of this Agreement throughout the term and
any renewal term(s) herein. This amount shall be paid in bi-weekly installments of
$1,815.65. The CITY reserves the right, at its sole discretion, to adjust Contractor's
compensation at the commencement of the first renewal term, and at the
commencement of any renewal term thereafter. Such adjustment, if any, shall be made
prior to the commencement of such renewal terms, and shall be approved, in writing by
the City Manager or, if required, the Mayor and City Commission.
4. Medical Malpractice Insurance. CITY agrees to provide, on behalf of the
Contractor, medical malpractice liability insurance for the period of time he acts as the
CITY's Medical Director. Such insurance shall cover Contractor only for the activities
relating to Contractor's services herein, and not for 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 set forth in Florida Statutes, Section
768.28.
5. 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
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rights or benefits under the Civil Service or Pension Ordinance of the CITY; or any rights
generally afforded classified or unclassified employees. Furthermore, he shall not be
entitled to Florida Worker's Compensation benefits as an employee of the CITY or
accumulation of sick or annual leave.
6. Contractor shall not assign, transfer or subcontract his rights and obligations under this
Agreement. However, in the event of any temporary absence of Contractor, coverage by
another contracted Medical Director within Miami-Dade County may be provided, but
only with the prior written approval of the City Manager.
7. This Agreement may be terminated without cause for the convenience of either party at
any time upon furnishing sixty (60) days written notice to the other party.
In the event of termination for convenience of either party, the Contractor shall be paid a
sum equal to all payments due to him for Services satisfactorily performed 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 of termination.
8. This Agreement may be further terminated by the City for cause, effective upon ten (10)
days written notice to Contractor, as a result of Contractor's breach of any term set forth
in this Agreement, and/or Contractor's physical and/or mental inability to perform his
duties under this Agreement, or loss or impairment of his license to practice.
9. 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 the Services pursuant to the Agreement. The Contractor's obligation
under this section shall not include the obligation to indemnify the City of Miami Beach
and its officers, employees and agent from and against and 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 it knowledge that in any way directly or
indirectly affect the other party.
10. The CITY desires to enter into this Agreement only if in so doing the CITY can place a
limit on the 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 his willingness to enter
onto 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 imposed upon the CITY by this Agreement. Nothing contained
in the 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 the Florida Statutes
Section 758.28.
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11.All notices under the term of this Agreement shall be sent to the following:
Contractor: Dr. Fred M. Keroff
2883 E. Lake Vista Circle
Davie, FL 33328-1127
City: City of Miami Beach
Attn.: Fire Chief
Miami Beach Fire Dept.
2300 Pine Tree Drive
Miami Beach, FL 33140
With copies to: Office of the City Attorney
Attn.: Rhonda Hasan, Esquire
City of Miami Beach
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
12. This Agreement shall be governed by, and construed in accordance with, the laws of the
State of Florida, both substantive and remedial, without regard to principles of conflict of
laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-
Dade County, Florida, if in state court, and the U.S. District Court, Southern District of
Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR
AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A
TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,
THIS AGREEMENT.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their appropriate officials f the date entered above.
ATTE •q CITY OF MIAMI EACH
C�
CYfY CLER Y MANAGER
INCORP ORATED:
WITNESSES: T �0) CONTRACT !
f 1 26 f,
BY:
IGNATURE r .. DERIC -m. , M.D.
4 e P400 le.,—
V
PRI NAME
SI NATURE APPROVED AS TO
FORM &LANGUAGE
PRINT NAME &FON UTION
12.1 13
- 5 - rney a e
6
1.
it
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
FREDERICK M. KEROFF, DATED FEBRUARY 25, 2013
FOR MEDICAL DIRECTOR OF MIAMI BEACH FIRE DEPARTMENT ADVANCED
LIFE SUPPORT PROVIDER
This Amendment No. 1 to the Professional Services Agreement is made and
entered into this 2 day of ew,o.A ,, 2013, by and between the City of Miami
Beach, Florida (City), and Frederick M. Keroff(Contractor).
RECITALS:
1. City Manager, acting on behalf of the City, hereby exercises the City's option to
renew the Agreement, upon the same terms and conditions, for an additional one (1)
year. Accordingly, such renewal term shall be deemed to have commenced retroactively
on October 1, 2013, and shall terminate on September 30, 2014.
2. All other terms and conditions of this Agreement shall remain unchanged and in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1
to be executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIA I BEACH, FLORIDA
ATTEST:
By:
City dierk C1 Manager
Rafael Granado Ji my L. Morales
^atc Date
WITNESSES: =• n FREDERICK M. KEROFF M.D.
INOORP OWED:
By:
Witness `� '
..... � Y. Co Vcderick ctor
'�. �6TM M,Keroff, .D., CEP
Print Name Print Name
Witness Date
APPROVED AS TO
FORM & LANGUAGE
Print Name &FOR CUTION
Date �p
177kiforney Da
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