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95-21691 Reso RESOLUTION NO. 95-21691 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, 1995 TO SEPTEMBER 30, 1996, 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 Emergency Medical Service from August 28, 1989 through September 30, 1995; and WHEREAS,upon expiration of the initial agreement,the City wishes to enter into a new one(1)year agreement for these services from October 1, 1995 through September 30, 1996, (Agreement). 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 13th day of September , 1995. ATTEST: TY CLE MAYOR FORM APPROVED LEGAL DEPT. A:AgreReso.HH By .— Date S CITY OF MIAMI* BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. tv4,1` S TO: Mayor Seymour Gelber and Members of the City Commission DATE: September 13, 1995 FROM: Jose Garcia-Pedrosa City Manager rf r SUBJECT: A Resolution Au s rizing 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. 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 28, 1989,thru September 30, 1995 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, 1995 thru September 30, 1996. OBSERVATION The current salary of$55,363 has been in effect since FY 1993/94 and we are requesting that it be increased to$58,131 annually (5%increase)for the term of this agreement. ACmjMm,95..}UI AGENDA ITEM C- 'l- A DATE Ci"J 3-95 EMS MEDICAL DIRECTOR AGREEMENT THIS AGREEMENT made this 13th day of September, 1995 by and between the CITY OF MIAMI BEACH,a Florida Municipal Corporation having an address of 1700 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 service. NOW THEREFORE, in consideration of the mutual covenants and other go' 34od 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 one(1)year,commencing on the 1st of October 1995, and ending on the 30th Day of September 1996. 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 and Rehabilitative Services ; F.A.C. 10D66.0505 Medical Direction, F.S. 401.265 Medical Directors, and other pertinent State, County and Local Laws. A copy of 10D66.0505 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. Payment. City agrees to pay Contractor compensation for the above services at an annual rate of fifty eight thousand one hundred thirty one dollars ($58,131.00), 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. 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 Workman's 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 prior 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 cuase 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$58,131.00 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$58,131.00 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$58,131.00 which amount shall be reduced by the amount acually 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 inteneded 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 12. ARBITRATION: Any controversy or claim for money damages arising out of or relating to this Agreement,or the breach hereof,shall be settled by arbitration in accordance with the Commerical Arbitration Rules of the American Arbitration Association, and the arbitration award shall be final and binding upon the parties hereto and subject to no appeal, and shall deal with the question of the costs of arbitration and all matter related thereto. In that regard,the parties shall mutually selet an arbitrator,but to the extent the parties cannot agree upon the arbitrator, then the American Arbitration Association shall appoint one. Judgement upon the award rendered may be entered into any court having jurisdiction, or application maybe made to such court for an order of enforcement. Any controversy or claim other than a controversy or claim for money damages arising out of or relating to this Agreement,or the breach thereof, including any controversy or claim relating to the right to specific performance shall be settled by litigation and not arbitration. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. A 1-1'BST CITA OF MIAMI BEA CITY CLE ' Y• WITNESS CONTRACTOR HARRY H ITSH, M.D. FORM APPROVED LEG L DEPT. C.RescueUgreReso HH Y — c Date