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.
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(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.
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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.
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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
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WITNESSES:
<1~`~~
VILLAGE OF NORTH PALM BEACH
PROVIDER o~
Randall Lee Wolff, M.D.,-PTA.
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