R2021-01 Medical Director Services AgreementRESOLUTION 2021-01
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
/ PALM BEACH, FLORIDA, APPROVING AN AGREEMENT FOR MEDICAL
` DIRECTOR SERVICES WITH ROLANDO CABRERA, D.O., AND
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT;
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, through the adoption of Resolution No. 2011-12 on January 13, 2011, the Village Council
approved an Agreement for Medical Director Services with Scott McFarland, M.D.; and
WHEREAS, due to Dr. McFarland's sudden resignation and to ensure continued compliance with
Florida law, the Village Manager executed a new Agreement for Medical Director Services with Rolando
Cabrera, D.O., under the same terms and conditions; and
WHEREAS, the Village Council wishes to approve the Agreement with Dr. Cabrera and determines that
the adoption of this Resolution, including the waiver of any applicable purchasing policies and
procedures, is in best interests of the Village and its residents.
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 approves an Agreement for Medical Director Services with
Roland Cabrera, D.O., a copy of which is attached hereto and incorporated herein, at an annual cost of
$14,400, with funds expended from Account No. A5812-33190 (Fire Rescue — Professional Services).
The Village Council further authorizes the Village Manager to execute the Agreement on behalf of the
Village.
Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed
to the extent of such conflict.
Section 4. This Resolution shall be effective retroactive to December 17, 2020.
PASSED AND ADOPTED THIS 14TH DAY OF JANUARY, 2021.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
AGREEMENT FOR
MEDICAL DIRECTOR SERVICES
This AGREEMENT for Medical Director Services ("Agreement") is made and entered into this
17th day of December, 2020, by and between the Village of North Palm Beach, a Florida municipal
corporation, and Rolando Cabrera, D.O. ("Medical Director").
WHEREAS, the Village's Fire Rescue Department 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 Medical Director; and
WHEREAS, the Village wishes to contract with Rolando Cabrera, D.O., 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 Dr. Rolando Cabrera, D.O. to serve as the Village's Medical
Director in accordance with Chapter 401, Florida Statues, and Rule 64J-1.004, Florida Administrative
Code.
2. Duties and Responsibilities.
Medical Director agrees to perform the following duties and responsibilities as required by
Chapter 401, Florida Statues, 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 physician to serve as acting Medical Director
in periods of his absence, provided that Medical Director notifies the Village seven (7) days in
advance of such absence.
B. Medical Director shall report directly to the 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) days per week, and shall provide the Village with a contact number.
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.
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 procedures.
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.
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 16, 2020 and shall remain in full force
and effect until terminated in accordance with Section 5 below.
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5. Termination.
This Agreement may be terminated as follow:
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 breech of the duties, covenants, and agreements set forth herein.
6. Compensation.
As compensation for 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 2021. The payment for January 2021 shall also include payment for
services performed in December 2020, 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.
8. Independent Contractor.
Medical Director is and shall be, in the performance of all services under this Agreement, an
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 by 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 will be sent by Certified mail, return receipt
requested. If sent to the Village, notices Shall be mailed to:
Village of North Palm Beach
Attn: Andrew Lukasik, Village Manager
Village of North Palm Beach
501 U.S. Highway One
North Palm Beach, FI. 33408
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If sent to Medical Director, notices shall be mailed to:
Rolando Cabrera, D.O.
180 Satinwood Lane
Palm Beach Gardens, FI. 33410
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.
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 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.
16. Public Records.
IF MEDICAL DIRECTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO MEDICAL DIRECTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT: (561) 841-3355; NPBCLERK VILLAGE-NPB.ORG; OR 501 U.S.
HIGHWAY ONE, NORTH PALM BEACH, FL 33408.
In performing services pursuant to this Agreement, Medical Director shall comply with all relevant
provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes, Medical
Director shall:
A. Keep and maintain public records required by the Village to perform the service.
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B. Upon request from the Village's custodian of public records, provide the Village with a copy the
requested records or allow the records to be inspected or copied within a reasonable time at a
cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise
provided by law.
C. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
Agreement term and following completion of the Agreement if the Medical Director does not
transfer the records to the Village.
D. Upon completion of the Agreement, transfer, at no cost, to the Village all public records in
possession of Medical Director or keep and maintain public records required by the Village to
perform the services. If Medical Director transfers all public records to the Village upon
completion of the Agreement, Medical Director shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If Medical
Director keeps and maintains public records upon completion of the Agreement, Medical Director
shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the Village, upon request from the Village's custodian of public
records, in a format that is compatible with the information technology systems of the Village.
17. Inspector General.
Medical Director is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of this Agreement, and in
furtherance thereof, may demand and obtain records and testimony from Medical Director. Medical
Director understands and agrees that in addition to all other remedies and consequences provided by law,
the failure of Medical Director to fully cooperate with the Inspector General when requested may be
deemed by the Village to be a material breach of the Agreement justifying termination.
IN WITNESS WHEREOF, the VILLAGE and MEDICAL DIRECTOR hereto have made and executed
this Agreement as of the day and year first above written.
MED:;7777�7
BY:
��a� o Cabrera, D.O.
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VILLAGE OF NORTH PALM BEACH:
BYf
Andrew Lukasik, Village Manager
ATTEST:
BY
Jessica Green, Village Clerk
JV
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Leonard G. Rubin, Village Attorney