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1995-008 EMS Director Agreement1 RESOLUTION N0. Q8-95 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN AGREEMENT WITH RANDALL LEE WOLFF, M.D., P.A., ATTACHED AS EXHIBIT "A", FOR THE PURPOSE OF SECURING A DIRECTOR FOR EMERGENCY MEDICAL SERVICES FOR THE VILLAGE OF NORTH PALM BEACH AND; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach does hereby approve the Agreement with Randall Lee Wolff, M.D., P.A., attached as Exhibit "A", for the purpose of securing a Director for emergency medical services for the Village of North Palm Beach. section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Agreement with Randall Lee Wolff, M.D., P.A., set forth in Exhibit "A" for and on behalf of the Village of North Palm Beach. Section 3. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 26th DAY OF Januarv 1995. 1 r 1 (Vi.lla~e Seel) MAYOR EXHIBIT "A" AGREEMENT THIS AGREF,MENT, made this 26th day of January, 1995, by and between the VILLAGE OF NORTII PALM BEACH (hereinafter referred to as the "Provider") and RANDALL LEE WOLFF, M.D., P.A. (hereinafter referred to as the "Director") for the Village of North Palm Beach Emergency Medical Services. Dr. Randall Lee Wolff is directly responsible for all requirements set forth in this Agreement. WITNESSETH: 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. (c) To perform such other duties and services for the emergency medical system as are required by law and by this Agreement. (d) To maintain reasonable competence in the delivery of emergency medical care and advanced life support during the term of this Agreement. (e) To develop and supervise standard orders outlining the steps to be followed for handling a particulaz 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 or exceed all applicable standards and requirements of the State of Florida 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 of the State of Florida. (b) Provider agrees to participate, and agrees to cause its employees to participate, in applicable cqunty, regional, state or national emergency medical system programs required by law and to consider participation in program(s). (c) Provider shall duly consider requests that paramedics, emergency medical technicians and other employees attend such educational programs and activities as shall be deemed reasonably necessary by the Director. (d) Provider shall comply with directives and procedures of the Director relating to the 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 between the Director 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 recognizes and agrees that the Director shall have the authority to determine whether an employee is not qualified as a paramedic or 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. r~ 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' notice in writing to the other party of the intent to terminate this Agreement. (b) This Agreement may be terminated immediately for cause by anon-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 $1000.00 per month, payable on the last day of each month beginning February 1995. The parties expect that negotiations concerning compensation may take place for future fiscal yeazs of the Village of North Palm Beach, Florida, which begin on October 1 of each yeaz, 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 inswance 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 State of Florida and such valid regulations as may be promulgated thereunder. 9. Status of Employees. All persons employed by the Provider who are subject to the medical supervision of 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. 0. Exclusive Service of Director. Director may 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 not be modified or amended, except by written instrument signed by both parties. 3 1 12. Notice. Any notice required by this Agreement shall be given in writing and delivered in person or mailed to the following addresses: Provider: Director Department of Public Safety 501 U.S. Highway One North Palm Beach, Florida 33408-4906 Director: Randall Lee Wolff 628 SE 5th Street, #4 Delray Beach, Florida 33483-5249 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 first above written. ATTEST: / ~' Q~: - ILLAGE CLERK 1 WITNESSES: <1~`~~ VILLAGE OF NORTH PALM BEACH PROVIDER o~ Randall Lee Wolff, M.D.,-PTA. ,~1~z ~D 4