MEDICAL DIRECTOR FOR CITY EMERGENCY MEDICAL SERVICES
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AGREEMENT
TillS AGREEMENT, made this ;(fJ.Ay of
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t.tl.c:;u.o l
, 1979,
by and between
City of Clearwater, Florida
(hereinafter referred to as the "Provider"), and RICHARD SLEVINSKI, M. D. ,
(hereinafter referred to as the "Director").
WIT NESS ET H:
WHEREAS, Provider conducts an Emergency Medical Services
System employing paramedics to perform advanced life support
procedures; and
WHEREAS, pursuant to Chapter 401, Florida Stafutes, the
Emergency Medical Services office of the Florida Department of
Health and Rehabilitative Services has or will promulgate rules relating
to the provision of advanced life support procedures and the certification
of advanced life support providers; and
WHEREAS, Chapter 401, Florida Statutues requires that advanced
life support providers must contract with a licensed physician who will
serve as medical director; and
WHEREAS, Dr. Richard Slevinski is a medical doctor duly
authorized and licensed to practice medicine in the State of Florida
and qualified to be the medical director of an advanced life support
provide r; and
WHEREAS, Provider and Director wish to establish a relationship
whereby Director will be the medical director for Provider's Emergency
Medical Services System; and
WHEREAS, the parties are desirous of entering into this agreement
in order to provide a full statement of their respective covenants and
agreements in respect to said relationship.
NOW, THEREFORE, for and in consideration of the prenrises and
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q' - of the mutual covenants and agreements herein contained, it is understood
and agreed by the parties hereto as follows:
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1.
Recitals. The above recitals are true and correct and are
incorporated herein by reference.
2. Term of Agreement. This Agreement shall be in effect on
and after the date of its execution and shall remain in full force and
effect thereafter unless terminated in accordance herewith.
3. Termination. This Agreement may be terminated as follows:
(a) This Agreement may be terminated without cause by
either party upon thirty (30) days' written notice to the other party.
(b) This Agreement may be terminated for cause by a
nondefau1ting party by sending written notification of termination to the
defaulting party. Cause of a termination shall include any material
breach of any of the covenants or agreements contained herein.
(c) This Agreement may be terminated at any time at the option
of the I;>irector, if there is not provided to the Director malpractice
insurance in such amounts and under such terms as are reasonably
necessary in the opinion of the Director to provide him with adequate
protection. The adequacy of available insurance shall be within the sole
and absolute discretion of the Director. All costs of such insurance
shall be paid by the Provider. Proof of insurance shall be provided to the
Director by the Provider on demand of the Director. It is further agreed
by the Director that the Provider' s present Protected Self-Insurance
Program wherein the City is self-insured for the first $100,000 of loss
on each and every loss and/or occurrence, with excess limits of insurance
to $3,000,000 each and every loss and/or occurrence, with a $3,000,000 annual
aggregate, is acceptable to the Director.
4. Provider Malpractice Insurance.
In addition to the Director's
malpractice policy described in paragraph 3 (c), the Provider shall
obtain malpractice insurance and public liability insurance, as appropriate,
covering the acts and omissions of its employees, to include without
limitation all paramedics, emergency medical technicians, ambulance
drivers and attendants, in an amount not less than one million dollars
coverage. The Director shall be named as an additional insured in all
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such insurance policies. Provider shall insure that all such policies
provide for thirty (30) days I advance notice to Director prior to
cancellation for any reason. Proof of insurance shall be provided to
the Director by the Provider on demand of the Director. It is further
agreed by the Director that the Provider's .present Protected Self-Insurance
Program outlined in 3 (c) above is acceptable to the Director.
5. Liability.
Nothing in this Agreement shall be construed
as expanding the liability of the Director beyond that provided for in
the laws of the State of Florida and such valid regulations as may be
promulgated thereunder.
6. 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 insure that its employees, where applicable,
to include without linrltation emergency medical technicians and paramedics,
become and remain certified as appropriate under the laws of the State
of Flo rida.
(b) Provider agrees to participate, and agrees to cause its
employees to participate, in all applicable county, regional, state or
national emergency medical system programs required by law or deemed
necessary by the Director.
(c) Provider shall insure that paramedics, emergency medical
technicians, and other employees attend such educational programs and
activities as shall be deemed necessary by the Director.
(d) Provider shall comply with all directives and procedures
of the Director relating to the quality and quantity of care rendered by
the emergency medical system, and shall insure that its employees
also comply with such directives and procedures.
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(e) Provider shall designate to the Director one individual
employee of Provider 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 located at
610 Franklin Street, Clearwater, FL 33516
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 seven years. The Director shall have free
access during reasonable business hours to all such records and tapes
at all times during said seven-year period, whether or not this Agreement
is then in effect, for purposes of review, inspection and copying as well
as use for any valid purpose of the Director.
(g) All of Providerl s employees shall be hired, retained
or discharged by the Provider. Provider recognizes and agrees that
the Director shall, in his sole and complete discretion, have the
authority to determine whether or not an employee is qualified to serve
as a paramedic or emergency medical technician, or to render advanced
life support procedures.
(h) Provider shall notify Director each time Provider employs
advanced life support procedures.
(i) Provider agrees to perform and accept all other duties
and responsibilities required by the laws of the State of Florida and
valid regulations promulgated thereunder.
7. Duties and Responsibilities of Director. Director agrees to perform
and accept the following duties and responsibilities:
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(a) Director agrees to supervise and set standards and establish
procedures for the medical performance of the emergency medical technicians
and paramedics functioning for Provider's emergency medical se'rvices
system, as specified in applicable laws of the State of Florida and such
valid regulations are are promulgated thereunder.
(b) Director shall perform such other duties and services for
the emergency medical system as are required of a Director by the laws
of the State of Florida, valid regulations promulgated thereunder, and
this Agreement.
(c) Director shall maintain reasonable competence in the
delivery of emergency medical care and advanced life support during
the term of this Agreement.
(d) Director shall provide the responsible supervision and
control of any physician-trained mobile rescue paramedic, emergency
medical technician, paramedic or ambulance driver employed by
Provider while rendering emergency medical service as required by
the laws of the State of Florida and such valid regulations as may
be promulgated thereunder.
(e) Director shall develop the established standing orders
outlining the steps to be followed for handling a particular medical
situation or resolving a particular medical problem, and shall inform
Provider of such established standing orders and shall provide medical
supervision of the established standing orders.
8. Status of Employees. All persons employed by Provider who
are subject to the medical supervision of Director, to include without
linrltation emergency medical technicians and paramedics, shall not
be considered or construed to be the employees of the Director, but
rather are and shall be considered and construed to be solely the
employees of the Provider. Provider shall pay all wages, workman's
compensation, unemployment and social security taxes applicable thereto.
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9. Indemnity. Provider hereby agrees to indemnify Director
from any and all costs, liabilities, losses, damages, injuries, claims,
demands and expenses, to include a reasonable attorney's fee through
all procele.ding s, trials and appeals, arising directly or indirectly
from the failure of Provider, and its representatives, agents, servants,
and employees to comply with applicable laws of the State of Florida,
or valid regulations promulgated thereunder, or failure to comply with
all directives and procedures of the Director relating to the quality
and quantity of emergency medical care to be delivered by Provider,
or arising directly or indirectly from the negligence of Provider,
or its representatives and employees. The parties agree that tlis
indemnification is separately bargained for and shall remain in effect
notwithstanding the termination of this Agreement for any reason
whatsoever.
10. Quantity of Care.
Director shall establish, at his sole
and complete discretion, the standards for the quantity and type of
emergency medical care to be administered by paramedics and
emergency medical technicians.
11.
Stipend.
For and in consideration of his services as
Medical Director, Provider agrees to pay Director the amount of
$4,000 for the balance of the calendar year 1979, payable in equal
monthly installments; and, thereafter, the sum of $7,000 per year,
payable in equal monthly installments beginning January 1, 1980.
Payments for any fraction of a monthly period shall be prorated and
paid concurrently with the next monthly installment or at the
termination of this Agreement, whichever shall be first.
12. Attorney's Fees. If it shall be necessary for either party
to resort to litigation against the other as a result of any default
hereunder, the prevailing party shall be entitled to receive from the
other party all costs of such litigation, to include, without limitation,
a reasonable attorneyl s fee through all proceedings, trials and appeals
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related thereto.
13. Exclusive Service of Director. It is understood by the parties
hereto that Director anticipates that he shall contract to perform as
Medical Director with several emergency medical systems in addition
to that of Provider. Nothing in this Agreement shall be construed as
preventing Director from so performing or contracting.
14. Paragraph Headings. Paragraph heading s utilized in this
Agreement are for convenience only and shall not be deemed to limit
or control the contents of any paragraph of this Agreement.
15. Merger, Modification. This Agreement reflects the
entire understanding of the parties as to matters dealt with herein
and may not be modified or amended except by a written instrument
signed by both parties.
16. Notice. Any notice required by this Agreement shall
be given in writing and delivered in person or mailed to the following
addresses:
Provider: 610 Franklin Street
Clearwater, FL 33516
Director: 1741 S. Hickory Gate Drive
Dunedin, FL 33528
17. N onwai ve r. The failur e of a party to s tric t1 y enfo rc e 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
this Agreement by either party shall not affect or waive any other
remedy or right.
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18. Nonassignment. This Agreement may not be assigned or dele-
gated 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 WHEREOF, the parties hereto have executed this
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countersi...g.....' ned: t/
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Mayor- ommissio er
r ved s t form correctness:
Attest:. _
r:t.~ t. ~~ ~>
City Clerk
IIProvider,r
WITNESSES:
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RICHARD SLEVINSKI, M. D.
"Director"
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