Easy Does It Board Meeting Minutes (Special Session)

November 24th, 2003

ROLL CALL: Dina Valicenti, Hale Zukas (President), Winston Ching, Jonah Markowitz (Secretary), Peter Trier, Karyn Hernandez, Louis Stiller, Charles Pappas

Staff: Rose Acampora, Gina Sasso, Dusk Delacour

Lawyer: Doug Farmer

Public: Carla

INSURANCE DISCUSSION WITH DOUG FARMER

Hale: I passed out two documents. First, a letter from Sarah Holcomb, with Suhr Risk which says in no uncertain terms that NIAC will not insure us if we don’t comply with the Nurses Practices Act regarding invasive procedures.
The other document is a section of the contract (Article 13) with indicates a provision that as of three this afternoon it occurred to me that it would be good to call the risk manager for the City, who I had talked to a couple of weeks ago about this. He said he would drop both of them. I was surprised. The section (C {2}) states that under commercial general liability the coverage should last a minimum of five years after termination of contract. The other provision requires thirty days notice of cancellation to the City in order to change insurance carriers. I then said Lloyds was willing to provide 10 days. I forgot to ask about ! primary coverage, but it may be that our only remaining problem is working on hold harmless language that will be OK with all parties.

Doug: Hold Harmless
There is room to negotiate. The obstacle for EDI is to find an insurance carrier which will agree to services provided or work with the City to insure both parties.

o Doug Farmer has agreed to draft hold harmless language that is the most favorable to EDI and options in between.

o EDI needs to talk with broker and/or Lloyds to determine if we change the hold harmless language they would be willing to insure the City.

o The first step is to find out from Gloria who we can talk to with Lloyds.

Charlie: Can we work with the City Attorney to see what the City may accept?

Doug: A proposal right down the middle may sell to both parties.

Hale: Should I wait for the City to ask before I send it to the broker?

Peter: The City will say they sympathize with WS???
Doug: The City gave off signals of flexibility. EDI needs to abide by NIAC’s provisions or could lose its coverage completely. Acting in the scope of employment with EDI. EDI’s policy should state that if you do it you are on your own time without approval of the organization. We need Doug to provide an internal network of policies to handle these things.
Jonah: Motion: It is the policy of EDI not to perform Invasive Care Procedures. EDI will inform employees in writing of this policy and that they, as EDI employees, are not to provide such services. This motion supercedes any prior motions which may be in conflict with the current motion.

Peter seconds.

Motion passes.



MEETING ADJOURNED 9:00 P.M.