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Home My WebLink About1991-39 Amendment to Agreement with McCurdy & McCurdy1 1 RESOLUTION NO. 39-91 A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CLERK TO ENTER INTO AN AMENDMENT TO SECTION 6, COMPENSATION, OF THE AGREEMENT BETWEEN THE VILLAGE AND MCCURDY & MCCURDY, M. D., P.A.= AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby authorize the Mayor and Clerk to enter into an Amendment to Section 6, Compensation,of the Agreement between the Village and McCurdy & McCurdy, M. D., P.A., increasing the compensation therein from SEVEN HUNDRED TWENTY THREE AND 42/100 ($723.42) DOLLARS per month to SEVEN HUNDRED FIFTY NINE AND 58/100 ($759.58) DOLLARS per month, payable on the last day of each month commencing October 1, 1991. Section 2. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 24TH DAY OF OCTOBER , 1991. AGREEMENT THIS AGREEMENT, made this 1st day of October 1990, by and between the VILLAGE OF NORTH_PALM BEACH (hereinafter referred to as the "Provider") and McCURDY & McCURDY, M.D., P.A. (hereinafter referred to as- the "Director") for the Village of North Palm Beach Emergency Medical Services. Dr. Elliott McCurdy is recognized as the authorized representative of McCurdy & McCurdy, M.D., P.A., and, as such, is directly responsible for all requirements set forth in this Agreement. WITNESSWTH WHEREAS, Provider conducts an Emergency Medical Service System employing paramedics to perform advanced life support procedures; and WHEREAS, Chapter 401, Florida Statutes, requires that advanced life support providers must contract with a licensed physician, such as the_ Director, who will serve as medical director; and WHEREAS, Provider and Director wish to establish a relationship whereby Director will be the medical director for the Provider's Emergency Medical Services System. NOW, THEREFORE, in consideration of the premises, it is agreed as follows: - 1. Employment. The Provider hereby employs Director as its Medical Director, in accordance with Chapter 401, Florida Statutes. 2. Duties and Responsibilities of Director. _ Director agrees to perform the following duties and responsibilities: (a) To supervise, set standards and establish procedures for the medical performance of the emergency medical technicians and paramedics functioning for Provider's emergency medical services system, as required by law and by the medical profession. - (b) To provide instruction and direction to the rescue - paramedic, emergency medical technicians and paramedics employed by the provider, while rendering emergency medical service. 7 Ir (c) To perform such other_duties and services fox, the_ emergency medical system as are:required by law and by this Agreement. (d) To maintain reasonable _competence_in the .deliver of emergency medical_ care.andadvanced-life support during the- term of this Agreement. (e) To develop and supervise standard orders _.outlining _ the steps to be -followed for, handling_ a particular_ medical situation_ or resolving a.particular medical:problem, -and to timely inform the Provider of such. 3. Duties and Responsibilities.of Provider. - - Provider - agrees to perform and accept the -following duties and responsibilities:_'_ (a) Provider _shall meet_ et_- exceed all applicable standards and__ requirements of-_ the State_ of-_,iorida _ for certification as an advanced life support provider, and shall become and remain so certified by,the State. Provider shall further ensure that its,-employees,_where applicable,_become and remain certified as appropriate under the laws_o£,the State _of Florida. - - (b) Provider agrees.to-participate, and agrees to cause _ its employees to.participate, inapplicable county, regional, state or-nation41 emergency- medical. systems programs required by law and to consider -participation in"pragram(s). (c) Provider shall duly consider requests__ that - paramedics, emergency- medical technicians and _other --employees attend such educational programs and -activities ems- shall be deemed reasonably necessary -by the Director. (d) Provider shall comply With directives and_ procedures of the Director relating to_th_e quality and quantity of care rendered by the emergency medical system, and- shall direct that its employees also -comply with such directives and procedures.-_- (e) Provider -shall-designate_to-the___Director_ one individual as training officer_for:the emergency medical, system. - The training officer shall act .as liaison_Uetween- the -Director ._ 2 and the Provider, and shall implement the rules and regulations formulated by the Director for the emergency medical system. The training officer shall be responsible for_day-to-day supervision of the training program and the application of the procedures and _ directives of the director and shall maintain such records as are necessary for these functions. (f) Provider shall supply a storage facility _for all_ records and telemetry tapes related- to- the providing of emergency medical treatment. All such records and tapes shall be_ retained for a minimum period of five years. :The Director shall have access during reasonable business hours to all such records and tapes accumulated during the term of this Agreement, for a five year period, whether or not this Agreement is in effect, for the purpose -_of .review, inspection and copying, as well as. use for any valid purpose of the Director. (g) Provider recognizesandagrees that the Director shall have the authority to determine whether an employee is ,not qualified as a paramedicor-_emergency medical technician,_or to render advanced life support procedures. (h) Provider shall notify Director within a _reasonable time each time Provider employs advanced life—support procedures. 4. Term of Agreement. This Agreement shall remain in full force and effect from date hereof until _terminated in accordance herewith. 5. Termination. follows: This Agreement may be terminated as (a) This Agreement may baterminated without cause by either party by furnishing sixty (60) days' notice in writing to the other party the intent to terminate this Agreement. - (b) This Agreement may be terminated immediately for cause by a non -defaulting party by sending written_ notification of the termination to the defaulting party. Cause of --termination shall include any material breach. of any, of the .covenants- or_ agreements contained herein. 6. Compensation. As compensation for Director's services hereunder, the Provider agrees to pay Director_the total compensation of $723.42 per month, payable on the last day of__ 3 r each month beginning October 01, 1990 - The parties expect that negotiations_ concerning. compensation may take place for future fiscal years of the Village of__North Palm Beach, Florida, which begin on October-1 of each year, and that this Agreement may be amended solely concerning compensation on an annual basis. 7. Malpractice _Insurance. - In addition -to the compensation set forth above:_ - - - - (a) Malpractice insurance shall _ be provided, at Provider's cost, to the Director- as an additional insured in such_,_ amounts and terms as are reasonably necessary in the opinions of - the Director and the Village Manager to provide the Director and Provider= with adequate protection, in an amount not less than $500,000.00. Proof of such insurance shall be furnished to the Director. - - - (b) In addition, the Provider shall obtain malpractice_ insurance --and/or public liability insurance as appropriate, covering the acts and omissions of its Emergency Medical Service -- employees, in an amount not less than $500,000.00. The Director shall be named as _an_additional insured in such insurance__ policies. 8. Liability. Nothing in this Agreement. shall be construed as _expanding -the liability of the Provider_ or the Director beyond that provided for_in the laws of the Sate_ of_ Florida _and such valid regulations as may be promulgated, thereunder.- - - - - - 9. Status of -Employees:- A1.1 persons employed by the Provider who are subject_to the medicalsupervision of the Director shall not —be considered or construed to be.employees of - the Director, -but rather are and shall -be considered and ._ construed to be solely employees_of_the Provider. - 10. Exclusive` Service -.of --Director. Directorjmay contract to act as Medical Director with other_emergency medical systems; in addition to that of Provider: 11. Merger, Modification. This Agreement reflects the entire -standing of the_parties as to_matters dealt with herein and may ndt be modified or amended, except by written instrument signed by both parties. 4 12. Notice. Any notice required by this Agreement_ shall be given in writing and delivered in person or -mailed t6 the following addresses: Provider: Director Department of Public Safety 501 U.S. Highway One - North Palm Beach, Florida 3340-8 Director: McCurdy & McCurdy, M.D., P.A. - 125 Dory Road North North Palm Beach, Florida 33408 13. Non -waiver. The failure of a party to strictly enforce any provision of this Agreement shall not be deemed a waiver of any right or remedy as to any continuing or future matter. The termination of the Agreement by either party shall not affect or waive any other remedy or right.-_- 14. Non -assignment. This Agreement may not be assigned or delegated by either party without the written consent of the other party, and any assignment or delegation hereof made_ without such written consent shall be void. - IN WITNESS HEREOF, the parties hereto have executed this Agreement the day and year above written. ATTEST: VILLAGE OF NORTH PALM BEACH ad-4r_ Ga)n t By: / ' 774047- "?- VILLAGE CLER MAYOR- - - - - WITNESSES: PROVIDER - // McCurdy & McCurdy, M.D., P.A. By:'_"4 DIRECTORU 5