2011-02 Emergency Medical Director for Fire-RescueRESOLUTION 2011-02
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING AN AGREEMENT FOR
MEDICAL DIRECTOR SERVICES WITH SCOTT MCFARLAND, M.D. AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE
AGREEMENT ON BEHALF OF THE VILLAGE; WAIVING THE
COMPETITIVE BIDDING REQUIREMENTS; RATIFYING THE
TERNIINATION OF THE AGREEMENT WITH RANDALL L. WOLFF, M.D.,
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 401, Florida Statutes, and Rule 64J-1.004, Florida Administrative Code,
require the Village, as a provider of Advanced Life Support and Basic Life Support emergency
medical services, to contract with a duly qualified physician to serve as its Medical Director; and
WHEREAS, Village Administration was required to terminate for cause its existing Agreement
for Medical Director Services with Randall Wolff, M.D., because Dr. Wolff no longer met the
statutory and administrative code requirements to serve in that position; and
WHEREAS, Village Administration is recommending the execution of an Agreement for
Medical Director Services with Scott McFarland, M.D., who has been serving as the Village's
interim Medical Director since the termination of the Agreement with Dr. Wolff; and
WHEREAS, Dr. McFarland is willing to accept the appointment as Medical Director under
essentially the same terms and conditions set forth in the agreement with Dr. Wolff; and
WHEREAS, due to the nature of such services and the limited number of local physicians
qualified to serve in this. position, the Village Council determines that it is in the best interests of
the residents and citizens of the Village of North Palm Beach to waive the competitive bidding
requirements set forth in the Village's Purchasing Policy.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA, as follows:
Section 1. The foregoing "whereas" clauses are hereby ratified and incorporated herein.
Section 2. The Village Council hereby authorizes the execution of an Agreement for Medical
Director Services with Scott McFarland, M.D., a copy of which is attached hereto and incorporated
herein, and authorizes the Mayor and Village Clerk to execute the Agreement on behalf of the Village.
Section 3. The Village Council hereby ratifies and affirms the termination of the Agreement
for Medical Director Services with Randall L. Wolff, M.D, dated November 1, 2001.
Section 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed to
the extent of such conflict.
Section 5. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 13th DAY OF JANUARY, 2011.
• (Village Seal)
ATTEST:
~~
OR
VILLAGE CLERK
s
AGREEMENT FOR 1
MEDICAL DIRECTOR SERVICES
THIS GREEMENT for Medical Director Services ("Agreement") is made and entered
into this _~~~~~ day of San..svy , 2011, by and between the Village of North Palm Beach,
a Florida municipal corporation, and Scott McFarland, M.D. ("Medical Director").
WHEREAS, the Village's Fire Rescue Division is licensed by the State of Florida to
provide Advanced Life Support ("ALS") and Basic Life Support ("BLS") emergency medical
services; and
WHEREAS, Chapter 401, Florida Statutes, and Rule 64J-1.004, Florida Administrative
Code, require the Village to contract with a duly qualified physician to serve as its Medical
Director; and
WHEREAS, the Village wishes to contract with Scott McFarland, M.D., to serve as the
Village's Medical Director.
NOW, THEREFORE, in consideration of the mutual representations and obligations
herein contained and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties agree as follows:
1. Agreement.
The Village hereby contracts with Scott McFarland, M.D. to serve as the Village's
Medical Director in accordance with Chapter 401, Florida Statutes, and Rule 64J-1.004, Florida
Administrative Code.
2. Duties and Responsibilities of Medical Director.
Medical Director agrees to perform the following duties and responsibilities as required
by Chapter 401, Florida Statutes, and Rule 64J-1.004, Florida Administrative Code, which
include, but are not limited to, the following:
A. Serve as sole Medical Director of ALS and BLS emergency medical services for
the Village. Medical Director may designate another qualified medical doctor to
serve as Acting Medical Director in periods of his absence, provided that Medical
Director notifies the Village seven (7) days in advance of any such absence.
B. Medical Director shall report directly to the Village's Fire Chief on all matters
pertaining to the Village's emergency medical services. The Fire Chief shall
retain administrative control over such services.
C. Medical Director or his designee shall be available by phone twenty-four (24)
hours per day, seven (7) day per week, and shall provide the Village with a
contact number.
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D. Medical Director shall comply with all state, county, and Department of Health
regulations regarding emergency medical direction and ALS and BLS emergency
medical services and shall hold an ACLS certificate.
E. Medical Director retains the right to establish all standards and protocols
regarding patient care, including, but not limited to, a determination of any
employee's eligibility to perform patient care under the direction of Medical
Director.
F. Medical Director shall oversee and provide medical direction for the paramedics
and emergency medical technicians employed by the Village.
G. Medical Director shall develop and review standing orders and protocols and is
responsible for ensuring that any authorized standing order or protocol utilized by
emergency medical services personnel is medically correct.
H. Medical Director shall develop and review transport policies, including trauma
transport policies, and recommend any changes necessary for such policies to
conform to applicable medical standards for triage.
I. Medical Director shall oversee and approve a continuing medical education
program for paramedics and emergency medical technicians under his
supervision.
J. Medical Director shall oversee and approve a medical quality improvement
program for emergency medical services provided by the Village. This program
shall include, but not be limited to, a prompt review of run reports, direct
observation, and comparison of performance standards for drugs, equipment,
system protocols and procedure.
K. Medical Director shall conduct direct field observation by participating as a crew
member on an emergency medical services vehicle a minimum of four (4) hours
per quarter or sixteen (16) hours per year.
L. Medical Director shall review and approve security procedures for medications,
fluids, and controlled substances maintained by the Village.
M. Medical Director shall possess proof of current registration as a medical director,
either individually or through a hospital, with the United States Department of
Justice, Drug Enforcement Agency, to provide controlled substances to an
emergency medical services provider.
3. Duties and Responsibilities of the Village.
A. The Village shall meet or exceed all applicable standards and requirements of the
State of Florida for certification as an ALS and BLS emergency medical services
provider and remain certified by the State of Florida. The Village shall further
ensure that its employees providing such emergency medical services become and
remain certified as required by Florida Law.
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B. The Village shall ensure that all emergency medical technicians, paramedics,
emergency medical dispatchers and other personnel employed by or contracted
with the Village to provide services as part of the Village's emergency medical
services program attend and complete such educational programs and
requirements as are required by law or otherwise deemed necessary by the Village
and Medical Director.
C. The Village shall use its best efforts to comply with, and shall cause its employees
to comply with, all directives, protocols and procedures issued or promulgated by
Medical Director relating to care rendered by all emergency medical services
personnel.
D. The Village shall designate one employee to serve as EMS Manager. The EMS
Manager shall be responsible for day-to-day supervision of training programs and
other directives and protocols promulgated or issued by Medical Director.
4. Term.
This Agreement shall be effective retroactive to December 17, 2010 and shall remain in
full force and effect until terminated in accordance with Section 5 below.
5. Termination.
This Agreement may be terminated as follows:
A. This Agreement may be terminated without cause by either party by furnishing
sixty (60) days' written notice to the other party.
B. This Agreement may be terminated immediately for cause by the non-defaulting
party upon furnishing written notice to the defaulting party. For the purposes of
this Agreement, cause shall consist of any breach of the duties, covenants and
agreements set forth herein.
6. Compensation.
As compensation for the services provided pursuant to this Agreement, the Village agrees
to pay Medical Director total compensation in the amount of $1,200.00 per month, payable on
the last day of each month, commencing January 2011. The payment for January 2011 shall also
include payment for services performed in December 2010, on a pro rata basis.
7. Insurance.
The Village shall provide to Medical Director, at its own cost, Incidental Medical
Malpractice insurance coverage for claims of bodily injury or personal injury arising out of
Medical Director's performance of his duties and responsibilities pursuant to this Agreement in
an amount not less than $1,000,000.00.
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8. Ind~endent Contractor.
Medical Director is, and shall be, in the performance of all services under this
Agreement, independent contractor and not an agent, employee, or servant of the Village.
9. Status of Employees.
All persons employed by the Village who are subject to the medical supervision of
Medical Director shall not be considered or construed to be employees of Medical Director, but
rather are and shall be considered and construed to be solely the employees of the Village.
10. Non-exclusivity.
Medical Director may act as Medical Director to other emergency medical services
providers in addition to the Village.
11. Notices.
All notices required or authorized by this Agreement shall sent by certified mail, return
receipt requested. If sent to the Village, notices shall be mailed to:
Village of North Palm Beach
Attn: Jimmy Knight, Village Manager
Village of North Palm Beach
501 U.S. Highway One
North Palm Beach, FL 33408
If sent to Medical Director, notices shall be mailed to:
Scott McFarland, M.D.
5589 Whirlaway Road
Palm Beach Gardens, FL 33418
The foregoing names and addresses may be changed if such change is provided in writing
to the other party.
12. Entirety of Agreement.
The Village and Medical Director agree that this Agreement sets forth the entire
agreement between the parties, and that there are no promises or understandings other than those
stated herein. None of the provisions, terms and conditions contained in this Agreement may be
added to, modified, superseded or otherwise altered, except by written instrument executed by
the parties hereto.
13. Waiver.
Failure of a party to enforce or exercise any of its rights under this Agreement shall not
be deemed a waiver of that party's right to enforce or exercise said rights at any time thereafter.
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14. Enforcement Costs.
In the event of any litigation between the parties in regard to this Agreement, the
prevailing party in such litigation shall be entitled to recover from the non-prevailing party
reasonable attorney's fees and all costs of litigation, both at the trial and appellate level.
15. Assignment.
This Agreement may not be assigned or delegated by either party without the express
written consent of the other party, and any assignment or delegation hereof made without such
written consent shall be void.
IN WITNESS WHEREOF, the VILLAGE and MEDICAL DIRECTOR hereto have
made and executed this Agreement as of the day and year first above written.
MEDICAL D CTO
BY: Gtr dw«-~
SCOTT MCFARL D, M.D.
VILLAGE OF NORTH PALM BEACH:
r
BY:
`%JILLIAM L. MA E YOR
ATTEST:
BY: Qi
MELISSA TEAL, VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:
LEONARD G. RUBIN,
VILLAGE ATTORNEY
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