Revised 7-2-02
NIAGARA FALLS CITY SCHOOL DISTRICT
Niagara Falls, New York
Regular Board Meeting
July 2, 2002
APPROVAL OF AGREEMENT WITH DR. MICHAEL BEECHER FOR SCHOOL
MEDICAL INSPECTOR SERVICES
BACKGROUND INFORMATION:
On July 6, 2000, Dr. Michael Beecher was appointed as the School
Medical Inspector. Since that time, Dr. Beecher has served in an extraordinary
fashion and the Health Services Department has recommended his continuation
as Medical Inspector. An Agreement was negotiated providing for continuation of
Dr. Beecher's services.
This action was prepared by Mr. James Ingrasci, Director of Financial
Services, and Mr. Angelo Massaro, School District Attorney, and the proposed
resolution was reviewed by Mr. Angelo Massaro.
Mr. Ingrasci and Mr. Massaro will answer questions pertaining to this action
item.
RECOMMENDATION:
A motion is recommended for the approval of the following resolution:
Approval of Agreement with Dr. Michael Beecher for School Medical Inspector
Services.
WHEREAS, The Health Services Department has recommended that the
Niagara Falls City School District continue the services of Dr. Michael
Beecher as School Medical Inspector; therefore be it
RESOLVED, That Dr. Michael Beecher's services be continued and he
be and hereby is appointed as School Medical Inspector; and
RESOLVED, That the Agreement attached hereto providing among
other things for the continuation of Dr. Beecher's services as School Medical
Inspector and the compensation to be paid for such services be and hereby
is approved; and
RESOLVED, That the President of the Niagara Falls Board of
Education be authorized to execute said Agreement.
SCHOOL MEDICAL INSPECTOR
EMPLOYMENT AGREEMENT
This Agreement made this
day of
, 2002, by and between CITY SCHOOL
DISTRICT OF THE CITY OF NIAGARA FALLS, NEW YORK, ("District") and MICHAEL
S. BEECHER, M.D. a physician duly licensed and qualified to practice as such in and by
the State of New York and having his office in Niagara Falls, New York 14092,
("Physician").
WHEREAS, The District desires to retain the Physician as School Medical
Inspector pursuant to the provisions of Section 902 of the Education Law of the State of
New York, upon the terms and conditions as herein set forth; and
WHEREAS, The Physician has consented and agreed to serve as Medical
Inspector and furnish certain health care services for the District, upon the terms and
conditions as herein set forth;
NOW, THEREFORE, in consideration of the mutual covenants and conditions
herein contained, the District and the Physician agree as follows:
FIRST: The District retains the Physician as Medical Inspector and the Physician
agrees to serve the District as Medical Inspector and perform health care services
as provided in paragraph "SECOND": SCOPE OF SERVICES" of this Agreement,
for a period commencing July 1, 2002, and continuing thereafter until the 30th day
of June, 2003, as provided in paragraph "SEVENTH" for an amount and payable as
provided in paragraph "THIRD" of this Agreement.
SECOND: The Physician shall, during the term of this Agreement, perform all
professional duties and services inherent in the functions, responsibilities and
position of Medical Inspector of the District as provided by law, including without
limitation the specific duties enumerated in Schedule "A" hereto attached.
THIRD: The District shall pay the Physician the sum of $18,000.00 annually for the
services to be performed pursuant to this Agreement payable in equally monthly
installments of $1,500.00 dollars. Such payment shall be made on the last day of
each month during the term of this Agreement and any renewed term hereof.
In addition to the amount to be paid the Physician as provided herein the District
shall pay the Physician the sum of 75.00 per hour for additional time over and
above the hours scheduled in paragraph "FOURTH", for which payment shall be
made on a monthly basis upon Physician submitting such invoice as required by
the first party.
FOURTH: It is expressly understood and agreed that the Physician shall be
required to devote three (3) hours per calendar week for not more than 45 calendar
weeks to the performance of his duties as such School Medical Inspector, the
particular weeks and dates for the performance of such duties to be as designated
by the District, with due consideration by the District however, to the necessary
demands of the Physician's other professional responsibilities.
FIFTH: The Physician shall in all respects be and is an Independent Contractor in
all respects in performing the duties, responsibilities and functions of a statutory
officer of the school district, to wit, its School Medical Inspector, responsible only for
the due performance of the duties of that office under the requirements of the
applicable laws and statutes and proper and ethical medical practice. The District
shall not pay the Physician any amount for fringe benefits of any type, nor shall it
pay for any fringe benefits, including but not limited to deductions for taxes,
payment and/or deductions for health insurances and/or any insurances.
SIXTH: The Physician shall be covered by and maintain professional liability
insurance issued by a company acceptable to the District same being an
occurrence type policy with monetary limits of One Million Dollars ($1,000,000.00)
to Three Million Dollars ($3,000,000.00). Copy of insurance policy shall be made
available to the District at least 10 days before the commencement of the term of
this Agreement and any renewed term thereafter.
SEVENTH: This Agreement shall commence on the 1st day of July, 2002, and
shall continue until the 30th day of June, 2003, and shall thereafter automatically
renew for additional one year periods unless either party serves written notice to
the other at least 60 days prior to the termination of the original term or any
renewed term of its/his intention to terminate this Agreement. All terms and
conditions of the Agreement shall apply to any renewed term, except that the
amount to be paid the Physician for services as provided in paragraph "THIRD"
shall increase 5% per year commencing on July 1 of each renewed term and
continue until June 30 of the following year or the date of earlier termination as
herein provided, whichever occurs sooner. Notwithstanding anything herein to the
contrary, the District may terminate this Agreement for any reason at any time
during the original term or any renewed term of this Agreement upon giving the
Physician 30 days notice of its intention to terminate, and this Agreement shall
terminate upon the expiration of the 30 days.
EIGHTH: This Agreement shall in all respects be subject to all laws and statutes
applicable to the subject matter as now provided or hereafter amended.
IN WITNESS WHEREOF, the parties hereunto set their hands and seals the day
and year first above written.
SCHOOL DISTRICT OF THE CITY OF
NIAGARA FALLS, NEW YORK
By: _______________________________
President
_______________________________
Michael S. Beecher, M.D.
STATE OF NEW YORK )
) SS:
COUNTY OF NIAGARA )
On the
day of July, 2002, before me, the undersigned, a notary public in and for
said State, personally appeared
, personally known to me or proved
to me on the basis of satisfactory evidence to be the individual whose name is subscribed
to the within instrument and acknowledged to me that he executed the same in his
capacity on
, 2002, and that by his signature on the instrument, the individual or
person upon behalf of which the individual acted, executed the instrument.
___________________________________
Notary Public, State of New York
STATE OF NEW YORK )
) SS:
COUNTY OF NIAGARA )
On this
day of
, 2002, before me, the subscriber, personally appeared
MICHAEL S. BEECHER, M.D., to me known and known to me to be the same person
described in and who executed the foregoing instrument, and he acknowledged to me that
he executed the same.
___________________________________
Notary Public, State of New York
SCHEDULE "A"
The school physician works closely with school administration and school
administration and nursing personnel in planning, developing, and implementing a sound,
comprehensive school health program which provides services and facilities to promote
health and wellness. He/she cooperates with members of Health, Physical Education and
Health Services Staff in health promotion, coordination of efforts and utilization of health
information available to the schools.
Duties & Responsibilities:
1. Deliverer of Health Services
a. Provides collaboration with the Nurse Practitioners who complete the physical
examination in accordance with Educational Law and school district policy.
 For children who do not present a certificate from their family physician upon
entering school in grades 1,3, 5, 7 and 10. New Enterers and Special
Education Students.
 For children as may be indicated after referrals by school personnel.
 As a member of the Committee on Special education, to conduct such special
examination as indicated or special class placement or other instruction of the
physically handicapped, mentally retarded, and the emotionally disturbed child, or
prior to their return to a regular class program.
 Collaborates with Nurse Practitioner for all students participating in interscholastic
activities.
 Collaborates with Nurse Practitioners for applicants for employment certificates.
 Collaborates with Nurse Practitioners for candidates for district employment and
periodically for food service personnel in accordance with school district policy.
2. Manager of Health Care
a. Collaborates with school nursing personnel to establish policies governing
procedures to be followed in the event of injury or emergency illness of child or
employee. Written protocols governing first aid should be reviewed and signed
annually by the school physician.
b. Collaborates with school nursing personnel in interpreting Public Health Laws
governing control of communicable diseases and establishing policies and
procedures governing the exclusion and readmission of pupils in connection with
infectious/contagious disease.
3. Consultant for Health Concerns
a. Serves as a member of the Committee on Special Education and participates with
the psychologist, special education teacher, school nursing personnel and other
school personnel in case conferences when such are indicated.
b. Assists school nursing personnel in follow-through efforts to secure remedial care
for children found to have physical or mental defects.
c. Collaborates with school personnel to recommend adjustments of the educational
program in accordance with individual pupil's health needs and consults with
parents, teachers, and pupils concerning the same.
d. Acts as a consultant to school administrators and school health personnel on
medical problems or practices that are in conflict with the health and safety needs
of the total student population.
e. Acts as a liaison agent between school and local physicians and interprets school
health policies and practices to local area medical community and community at
large.
f. At request of school personnel, provides in-service training on matters such as
critical health issues and new developments in health care.
g. Provides health information individually and in groups to pupils, teachers, school
nursing personnel, and school administrators.
h. In cooperation with the health education curriculum committee, reviews the health
literature, instructional materials and course content used in the school for
accuracy and relevance and recommends changes to the school administration.
4. Promoter of Sound Health Care Practices
a. Collaborates with committee on the buildings and grounds to detect possible health
or safety hazards.
b. Collaborates with school staff reviewing all reports of accidents, reviews excuses
from physical activities, and interprets medical certificates.
c. Works with school administrators and school nursing personnel to develop a public
information program promoting school health.