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2001-086 Medical Director Agreement with Wolff• RESOLUTION 86-2001 A RIiSOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK '1'O 1?NTGR INTO AN AGREEMENT WITH RANDALL L. WOLFF, M.D., ATTACHED AS IiXHIBIT "A", Wf IICH AGREEMENT IS FOR THE PURPOSE OP SECURING THE SERVICES OF A LICENSED PHYSICIAN AS MEDICAL DIRECTOR; AND, PROVIDING FOR AN 1 iI'FECTI V F; DATE. 81;17' 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 approve the Agreement with Randall L. Wolff, M.D., attached as Exhibit "A", which Agreement is for the purpose of securing the services of a licensed physician as medical director. Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Agreement with Randall L. Wolff, M.D., set forth in Exhibit "A" for and on behalf of the Village of Norih Palm Beach. Section 3. This resolution shall take effect immediately upon its adoption. PASSF,D AND ADOPTED THIS 25th DAY OF OCTOBER, 2001. (Village Scal) ATTEST: ~ VILLAGE CLERK EXHIBIT "A" • AGREEMENT THIS AGREEMENT, made this first day of November, 2001 by and between the VILLAGE OF NORTH PALM BEACH,(herein referred to as the "Village") and RANDALL L. WOLFF, M.D. (herein'referred to as the "Medical Director") for the Village of North Palm Beach Emergency Medical Services. Dr. Randall L. Wolff is directly responsible for all requirements set forth in this Agreement. WITNESSETH: WHEREAS, The Village 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 N~ith a licensed physician, such as the Medical Director, who will serve as Medical Director; and WHEREAS, The Village and the Medical Director wish to establish a relationship whereby the Medical Director will be the Medical Director for the Village's Emergency Medical Services System. NOW, THEREFORE, in consideration of the premises, it is agreed as follows: Agreement. The Village hereby contracts with Randall L. Wolff, M. D. as its Medical Director, in accordance with Chapter 401, Florida Statutes. The Medical Director performs his duties under this Agreement as an independent contractor and not as an employee of the Village. 2. Duties and Responsibilities of the Medical Director. The Medical Director agrees to perform the following duties and responsibilities as described in Chapter 64E-2, Florida Administrative code and including: (a) To supervise, set standards and establish procedures for the medical performance of the emergency medical technicians and paramedics functioning for the Village's emergency medical services system, as required bylaw and by the medical profession. (b) To provide instruction and direction to the rescue paramedics, emergency medical technicians and paramedics employed by the Village, while rendering emergency medical service. (c) To perform such other duties and services for the emergency medical system as are required bylaw 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 particular medical situation or resolving a particular medical problem, and to timely inform the Village of such. • 3. Duties and Responsibilities of the Village. The Village agrees to perform and accept the following duties and responsibilities during the term of this Agreement: (a) The Village 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, if necessary, and remain so certified by the State. The Village shall further ensure that its employees providing services on behalf of the EMS System become and remain certified as required by Florida law and/or regulations promulgated thereunder. (b) The Village shall participate, and shall cause its employees to participate, in all applicable county, regional, state or national emergency medical system programs required by law. (c) The Village shall ensure that all emergency medical technicians, paramedics, emergency medical dispatchers and other personnel employed or contracted with or by the Village to provide services on behalf of the EMS System attend and complete such educational programs and requirements as are required by law or otherwise deemed necessary by the Village and the Medical Director. (d) The Village shall use its best efforts to comply with, and shall cause its employees and contractors to comply with, all directives, protocols and procedures issued or promulgated by the Medical Director and relating to care rendered by the EMS System or to the performance of his duties hereunder. (e) The Village shall designate one Village employee to serve as the EMS Manager. The EMS Manager shall be responsible for the day-to-day supervision of training programs and other directives and protocols promulgated or issued by the Medical Director, and shall maintain such records as are required thereby or in connection therewith. (f) The Village shall provide and supervise storage of all EMS System records and telemetry tapes. All such materials shall be maintained for a period of not less than seven (7) years following the date of the latest medical services to which they relate. The Medical Director shall have access during regular business hours to all materials maintained by the Village pursuant to this paragraph, without regard to whether this Agreement then continues in effect, for the purposes of reviewing, inspecting and copying such records. (g) The Village shall perform all other duties and responsibilities required by this Agreement or by the laws of the State of Florida and regulations promulgated thereunder. (h) The Village recognizes and agrees that the Medical 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. • (i) The Village shall notify the Medical Director within a reasonable time each time the Village 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. 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 the Medical Director's services hereunder, the Village agrees to pay the Medical Director the total compensation of $1100.00 per month, payable on the last day of each month beginning November, 2001. 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 the Villages' cost, to the Medical Director as an additional insured in such amounts and terms as are reasonable and necessary in the opinions of the Medical Director and the Village Manager to provide the Medical Director and the Village with adequate protection, in an amount not less than $ 1,000,000.00. The Village shall insure that all such policies provide for thirty (30) days advance notice to the Medical director prior to cancellation for any reasons. Proof of such insurance shall be furnished to the Medical Director. (b) In addition, the Village 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 the limits prescribed in Section 768.28, FLORIDA STATUTES, (currently $ 100,000 per claimant/$200,000 per claim). 8. Liability. Nothing in this Agreement shall be construed as expanding the liability of the Village or the Medical 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 Village who are subject to the medical supervision of the Medical Director shall not be considered or construed to be employees of the Medical Director, but rather are and shall be considered and construed to be solely employees of the Village. •10. Exclusive Service of the Medical Director. The Medical Director may contract to act as Medical Director with other emergency medical systems, in addition to that of the Village. 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. 12. Notice. Any notice required by this Agreement shall be given in writing and delivered in person or mailed tot he following addresses: Village: ~ Director Department of Public Safety 560 U.S. Highway One North Palm Beach, Florida 33408-4906 Medical Director: Randall L. Wolff, M. D. 628 SE 5`h Street, # 4 Delray Beach, Florida 33483-5249 l3. 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: U////C I LAGE CLERK ~ MEDICAL DIRECTOR: RANDALL L. WOLFF . D.