93-20900 Reso •
RESOLUTION NO. 93-20900
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING
AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH
AND HARRY HEINITSH, M.D. AS MEDICAL DIRECTOR
FOR THE CITY OF MIAMI BEACH EMERGENCY MEDICAL
SERVICES (EMS) , FROM OCTOBER 1, 1993 TO
SEPTEMBER 30, 1994, AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE THE AGREEMENT.
WHEREAS, the City of Miami Beach contracted with Harry
Heinitsh, M.D. , to act as Medical Director for the City's EMS
Service from August 28, 1989 through September 30, 1993 ; and
WHEREAS, upon expiration of the aforestated agreement, , the
City wishes to enter into another one (1) year agreement for
services from October 1, 1993 through September 30, 1994,
(the "Agreement") ; and
WHEREAS, the City Manager has negotiated the Agreement,
attached hereto as Exhibit "A", recommends its adoption by the City
Commission.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
the City Clerk are hereby authorized to execute the attached
Emergency Medical Services Agreement between Harry Heinitsh, M.D. ,
and the City of Miami Beach.
PASSED and ADOPTED this 22nd day of September , 1993.
JOgle
ATTEST:
CITY CLERK MAYOR
FORM APPROVED
A:Rescue\EMSAgree.HH f LEGAL DEPT.
By
Date '7 /111cM
CITY, OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE (305)673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. � 7-93
TO: Mayor Seymour Gelber and DATE: September 22 , 1993
Members of the City Commission
FROM: Roger M. Cadj$41/4/
City Manager
SUBJECT: A RESOLUTION AUTHORIZING THE EXTENSION OFI1HE AGREEMENT
BETWEEN HARRY HEINITSH, M.D. , AND THE CITY OF-MIAMI BEACH
AS THE MEDICAL DIRECTOR FOR THE CITY OF MIAMI BEACH.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission extend the
agreement by the attached Resolution.
BACKGROUND
The City of Miami Beach entered into an Emergency Medical Service
Director Agreement with Harry Heinitsh, M.D. , commencing August 27,
1989, thru September 30, 1993 with a provision that the term may be
extended by Mutual Agreement.
The City and Dr. Heinitsh, now mutually agree to extend the
agreement from October 1, 1993 thru September 30, 1994.
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OBSERVATION
The current salary has been in effect since FY 1989/90.
A\Rescue\MDCOMMJ.94
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AGENDA
I TEM -�
DATE 9-229
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EMS MEDICAL DIRECTOR AGREEMENT
THIS AGREEMENT made this 22nd day of September, 1993 by and
between the CITY OF MIAMI BEACH, a Florida Municipal Corporation
having an address of 1700 Convention Center Drive, Miami Beach,
Florida 33139, hereinafter referred to as "City" and HARRY
HEINITSH, M.D. , having an address of 6396 Manor Lane, Apartment 6,
South Miami, Florida 33143 hereinafter referred to as "Contractor. "
WITNESSETH
WHEREAS, the City wishes to enter into an agreement for a
Medical Director of the City's Emergency Medical Services ("EMS")
provided by the City's Fire Department; and
WHEREAS, Contractor wishes to serve as the' Medical Director
for the City's EMS service.
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 to follows:
1. Term. The term of the Agreement shall be one (1) year
commencing on the 1st of October 1993. The term may be extended by
mutual agreement of the parties hereto.
2. Services. Director agrees to Direct and Coordinate the
delivery of the City's EMS system in accordance with the State of
Florida Department of Health and Rehabilitative Services "EMS
Program Letter 86-2 Medical Direction", dated March 18, 1986 and
all laws of the State of Florida, Dade County and City of Miami
Beach. A copy of the HRS Program Letter 86-2 is attached hereto as
Exhibit "A" and by reference made a part hereof. Contractor
acknowledges that he has read and is familiar with the foregoing
Program Letter.
3. Payment. City agrees to pay Contractor compensation for
the above services at an annual rate of fifty three thousand seven
hundred fifty dollars ($53,750. 00) , payable in 26 equal bi-weekly
amounts.
4. Medical Malpractice Insurance. City agrees to provide
on behalf of 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 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.
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5. No Partnership. Nothing herein contained shall create
or be construed as creating a co-partnership between the City and
the Contractor or to constitute the Contractor as an agent of the
City. Contractor shall be deemed to be an independent contractor
and not an agent or 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 shall not be entitled to
Florida. Workers' Compensation benefits as an employee of the City
or accumulation of sick or annual leave.
6. It is further agreed that this Agreement may be altered,
extended and amended only upon the written consent of both parties.
Contractor shall not assign, transfer or subcontract his rights and
obligations under this Agreement.
7. 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.
8. 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
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.
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 services pursuant to this Agreement.
The Contractor's obligation under this article shall 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.
10. 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
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City of this Agreement, so that its liability for any such breach
never exceeds the sum of $53,750. 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 $53,750. 00 less the amount of
all funds actually paid by the City to Contractor pursuant to this
Agreement. 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 $53,750.00 which amount shall be reduced by the amount
actually paid by the City to Contractor pursuant to this Agreement
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.
11. 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
WHEREFORE, the parties set their ha on the date above
described. /
ATTEST • . OF MIAMI BED60(
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CITY CLERK OR
WITNESS DOCTOR
HARRY v INITSH, M. D .
64-
VA-4.-66. d2/21.5;47
FORM APPROVED
LEGAL DEPT.
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