R97-200RESOLUTION NO. R97-,~¢¢
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND DR. JOSEPH YATES, M.D., PROVIDING
FOR INDEPENDENT CONTRACTOR SERVICES AS
THE EMERGENCY MEDICAL SERVICES DIRECTOR
FOR THE CITY OF BOYNTON BEACH; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission, upon recommendation of staff, has
deemed it be in the best interests of the citizens, employees and residents of the
City to enter into an Agreement with DR. JOSEPH YATES, M.D. to act as the
Emergency Medical Services (EMS) Director for the City of. Boynton Beach; and
WHEREAS, the EMS Director shall perform duties, including but not limited to
providing that the EMS Director shall perform certain duties, including but not limited
to supervision of the direct, medical-related activities of the EMS Program,
paramedics and lifeguards, and providing local training and certification services;
and
WHEREAS, the EMS Director will provide the necessary instruction to the
City of Boynton Beach Emergency Medical technicians (EMTs) and paramedics;
and
WHEREAS, Section 401.46, Florida Statutes, requires that each Emergency
Medical Services Program have an EMS Director; and
WHEREAS, the City 'of Boynton Beach maintains such an Emergency
Medical Services Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of-Boynton Beach, Florida
does hereby authorize the Mayor and City Clerk to execute an Agreement between
the City of Boynton Beach, Florida and DR. JOSEPH YATES, M.D., providing for
independent'contractor services as the Emergency Medical Services Director (EMS
Director) for the City of Boynton Beach.
hereto as Exhibit "A".
Section 2. This Resolution. shall
passage.
PASSED AND ADOPTED this
A copy of said Agreement is attached
become effective immediately upon
· day of December, 1997.
/~ayor
Commissioner
Commissioner -
EMERGENCY MEDICAL SERVICE DIRECTOR CONTRACT
TH IS CONTRACT, entered into on '~¢ ~ ~ ~ ~' k,
. "'", 1997, between the CiTY
OF BOYNTON BEACH, Florida (hereinafter "CITY") and DR. JOSEPH YATES, M.D.
(hereinafter "MEDICAL DIRECTOR") for Emergency Medical Services Director, is entered
into sUbject to the following terms and conditions:
of the
(EMS), which is a part
in the fc
.,.~'-o se ! ~'t'¢-~' I~ereby agree that the
, and responsibilities
r the City's Emergency Services Program
ITY's Municipal Fire Department. The items in this Contract
the MEDICAL DIRECTOR's general
ipervising the direct medical related
for local
~ principle
that
and will di
ministration
~nd
and
in
of the Fi~
1.' Tht
DIRECTOR a
ad(
with
MEDICAL [
a
r
by
nd the MEDICAL
for the CITY OF
provisions
any governmental
ies required to be
~uch
Health and
.3TOR's contract
practice as an
2. The
of the
Medical Dis
Services
Medical
nothing
Manager on
3. The Fire
establish
shall accept responsibility for the medical performance
dical Technicians, Paramedics and certified Emergency
ployed by the CITY and serving in the Emergency Medical
City Fire Department, herein referred to as EMS. The
be responsible directly to the City Manager; however,
way authorize any limitations or restrictions by the City
nal acts Or advice of the Medical .Director.
h the Department staff and operation procedure, will
policy for equipment and equipment assignment, and for
supply purchase and use. The MEDICAL DIRECTOR, in conjunction with the Fire
Chief,-shall establish dispatch procedures and priorities. The Fire Chief will
establish Department assignment in conjunction with
recommendations made by .the M DIRECTOR.
T pter
401 Flodda
rtment
of s of any
duties
,ician for
for the
ans.
~nd
Medical
~medics
uch supervision
A. Actu MTSrOn rescue calls.
B. ~s to and from hospital emergency
C. Review of incident reports and: associated'documentation, and
D. ConferenCe and/or meeting in: both indiVidual and group situations.
Review of standard o
agency respor
These duties will be
convenience as
procedures are
material will be as~
of the CITY.
'ocedures and protocols involving multi-
the MEDICAL DIRECTOR at his/her
proper medical standards and
necessary_in-service instruction
I will become the property
;MEDICAL DIRECTOR's
a State Statute.
2
o
10.
The MEDICAL DIRECTOR shall have the services of the Departmental training
program; facility and staff to assist in carrying out training requirements for the
EMS. MEDICAL DIRECTOR shall participate in daily in-service training scheduled
by the Fire Department.
The MEDICAL DIRECTOR shall be eligible as a member as defined under Section
IV. Membem of.the Agreement between the City of Boynton Beach and Florida
Municipal Liability Self-Insurance Program. Coverage under this agreement shall
be limited to the sCOpe, of duties as MEDICAL DIRECTOR for the City of Boynton
Beach Fire Department as outlined in Flodda Statute, SectiOn 401.46 and Flodda
Administrative Code, Chapter 64E-2, as set forth in Exhibit "A" to this Agreement.
bY
provide .the Fire Chief with written reports as required
efficiency, effectiveness, and general performance of the
Emergency Medical Services System.
any and all
while ~
D~
and
~11 indemnify and save harmless the MEDICAL DIRECTOR from
or omissions committed by the MEDICAL DIRECTOR
the capacity as Medical Director of the Boynton Beach Fire
extent only of any amount due
which exceed applicable insurance
by MEDICAL DIRECTOR or by the CITY on behalf
11.
12.
13.
The provider shall indemnify and save harmless the MEDICAL DIRECTOR from
any: and all liability incurred as a result of acts or omission of employees of the
City of Boynton Beach Fire Department.
The CITY will pay the MEDICAL DIRECTOR the sum of
($ ) with the monthly rate being .~..,~ ~,.,~,l~,t,O
dollars per month for twelve (12) months, payable at the end of eac[h month for'
services outlined in this contract.
The CITY Will. provide portable radio communications and an Alpha Numedc or
Digital Pager for the use of the MEDICAL DIRECTOR.
In matters of employee relations and concern, the MEDICAL DIRECTOR, under
the terms of this contract is considered to be a member of the administration and
supervisory division of the Fire Department and will be expected to aid the Fire
Chief as the Fire Chief carries out grievance procedures, discipline, interviewing
paramedics, paramedic school assignments, and union contract administrative
requirements.
3
A. The MEDICAL DIRECTOR will be expected to report to the Fire Chief the
cirCumstances relating to any employee decisions for the Emergency Medical
Services System suCh as discipline, de-certification or promotion in which the
MEDICAL DIRECTOR is involved.
The MEDICAL DIRI
of the
C. The MEDICAL DIRECTO
I interview and
ms the right
as
the interview
and
14.
by the
3urposes of
)roval by the
classes.
From time to time the MEDICAL DIRECTOR will be expected to attend
Department so that he :can give: input to the
administrative staff on the the EMS programand so that he
can become involved in and informed of Departmental Standard Operating
Procedures relating to:
B. Equipment and personnel allocationS
C. Department priorities
D. Departmental procedures for handling emergencies
E. Working with other departments
F; Emergency medical dispatching
G. Infectious disease procedures
4
15.
16.
17.
18.
19.
20.
Any staffing changes that result in modifying the Department's current EMS
response protocols must be cleared through the MEDICAL DIRECTOR.
Either party to this contract may, upon giving thirty (30) days written notice to the
other party, may terminate this contract for any reason whatsoever, and after the
effective date of such notice all parties will be relieved of any further obligations
under this contract.
The MEDICAL DIRECTOR will assure the continuous availability of at least one
qUalified physician as Director who shall serve as Acting Medical Director in the
absence of the MEDICAL DIRECTOR. In addition, the MEDICAL DIRECTOR will
notify the Boynton Beach Fire Rescue Department whenever he/she will be
unavailable for whatever reason, and will attempt to provide twenty-four (24) hour
prior notification of ~uch unavailability except under emergency circumstances.
The notification shall be given to the Office of the Fire Chief, and shall include the
name and telePhone numbers of the Acting Medical Director.
Upon request, the MEDICAL DIRECTOR will advise the Department on
appropriate procedures to address incidents in which an employee of the Fire
Department has been or may have been exposed to infectious diseases or
hazardous materials.
MEDICAL DIRECTOR hereby agrees to perform those duties set forth in Exhibit
"A" and in the Specifications (as set forth in the RFP) for the position set forth in
Exhibit "B."; Exhibit "A" and "B" are attached hereto and incorporated herein.
This term of this agreement shall' be one (1) year from an effective date of January
1, 1998, with CITY having the option to renew on a yearly basis for the next two
(2) years, by providing written notice to MEDICAL DIRECTOR at least twenty (20)
days pdor to the expiration of the term that the CITY intends to renew the contract'
for an additional year. MEDICAL DIRECTOR shall indicate whether he or she
wishes to remain a party to the agreement prior to the expiration of the term.
5
IN WITNESS WHEREOF the parties hereto have caused these presents to be
signed by .their duly authorized officers and by the MEDICAL DIRECTOR on this ,2.~
day of i~z~.;nL.~,u~ ,1997.
WITNESS:
CiTY OF BOYNTON BEACH, FLORIDA
Mayor
WITNESS:
MEDICAL DIRE
ATTEST:
PRINT NAME
CITY A'n'~RN EY
EXHIBIT "A"
Be responsible for advising the ALS provider as to his assessment of the competence
of each of the provider's paramedics and for making recommendations regarding ,the
medical procedures which each paramedic should be authorized to perform. Such
assessment should be made by utilizing reasonable evaluatiVe processes and
techniques and should inClude at least, assessment of each paramedic's ability to:
Ao
appropriately evalUate emergency medical patients and determine proper priorities
for emergency medical care;
B. commUnicate the findings of such evaluation to a physician who has agreed, in
writing, to provide responsible Supervision of that paramedic;
C. receive and understand proper orders from a physician providing direct
supervision of the paramedic;
D=
understand and propedy apply any standing orders authorized by the Medical
Director;
understand legal relationship: between the paramedic, Medical Director,
physician(s) under agreement to provide responsible supervision of the paramedic
and any other physician;
Fo
insure that any ALS performed by the paramedic is done with responsible
physician supervision; and
G. perform the specific medical procedure(s) which the paramedic is specifically
authorized by the Medical Director and by the ALS provider to perform.
Continually evaluate the medical capability of the paramedics and the ALS provider and
advise the ALS provider regarding the appropriate level and standard of care which the
ALS provider should seek to achieve.
3. Assist in identifying the specific medical skills and knowledgewhich paramedics must
possess to achieve the desired level and standard of care.
4. Assist in identifying the training and experience necessary for the paramedics to
acquire the desired skills and knowledge and, in cooperation with approved educational
programs, in assudng that each paramedic receives such training and experience as
required.
7
5. Develop and implement an appropriate process for pedodic audit and review of medical
procedures performed by paramedics. Such audit and review process must comply
with such standards and requirements as may be set forth by the Department from time
to time.
voice
orders
:lude all
poss
me. dical correctness of any standing order which he authorizes
for use ics and for properly instructing the paramedics regarding the
correct use of standing orders.
Assist the ALS provider in assudng continuous availability of at least one responsible
physician, the qualifications necessary for a physician to provide
the paramedics,
Retain the ultimate authority to permit and/or prohibit any system paramedic to utilize
ALS techniques. (Specific authority 401.35, 381.031(1)(g), 20.05(5) F$. Law
implemented 401.46, 401.47 FS. History New 9-10-78).
8
SPECIFICATIONS
FOR A
MEDICAL DIRECTOR TO OVERSEE THE EMERGENCY MEDICAL
SERVICES AS PROVIDED BY FIRE RESCUEfEMTS
The City of Boynton Beach is Seeking to employ a Medical Director to oversee the Emergency
Medical Services as provided by Fire Rescue, as well as other departmental administrative
purposes and functions. The Medical Director will be an independent contractor supervising and
accepting responsibility for the medical performance of Emergency Medical Technicians (EMTs),
Paramedics, and first respondersdife guards functioning in the Fire and Emergency Medical
Se~ices Department and the Parks and Recreation Department under applicable provisions of
Florida Statutes.
Standards to be met by the Medical Director
A. The Medical Director shall be a Florida State licensed physician; and
B. Is an ACLS (Advanced Cardiac Life Support) provider with instructor certification,
and is an ACLS affiliate faculty member of the American Heart Association; or
Is a Board-Certified Emergency Physician, or is currently employed as an Emergency
Department Physician in the State of Florida~ or who has previously been an
Emergency Department Physician inthe State of Florida within the past (5)five years;
Maintains official privileges and affiliation with one or more of the following medical
facilities: Bethesda Memorial Hospital, Defray Community Hospital, Boca Raton
Community Hospital, or John F. Kennedy Hospital.
II. Related Responsibilitie~
A. The Medical Director serves as the Fire Department's physician for the purposes of
advising the Fire Chief on matters pertaining to occupational safety and health.
B. The Medical Director serves as the Medical Director for the City's Life Guards, who
may be certified as Emergency MediCal Technicians.
C. The Medical Director agrees to bOth directly and indirectly supervise and accept
responsibility for the medical performance of Emergency Medical Technicians and
Paramedics functioning in the Fire and Emergency Medical Services Department and
theParks and Recreation Department. Such supervision shall be accomplished by,
though not limited to:
SPECIFICATIONS continued ......
D. Actual accompaniment of Paramedics and EMTs on rescue calls
E. Monitoring of radio transmissions to and from hospital emergency departments and:
related facilities,
F. RevieW of rescue incident reports and associated documentation,
G. Conference and/°r meetings in both individual and grOup situationS,
Review of Standard Operating Procedures and Protocols involving multi-agency
responses to medical emergencies,
Active participation in dally in-service training scheduled by the Fire Department.
These duties will be performed periodically by the Medical Director at his/her convenience and as
often as is necessary to insure that proper medical standards and procedures are being followed.
The Medical Director shall provide the Fire Chief with written reports as required by the Fire
Chief regarding efficiency and effectiveness and general performance of the :City's Emergency
Medical Services System.
III.
The Medical Director'shaH perform all services required of him pursuant to Chapter 401,
Florida Statutes, and the applicable rules of any governmental agency implementing said
Chapter Or other established duties required to be performed by said Medical Director, or.
upon promulgation of additional duties established by the Florida Department of Health
and Rehabilitative Services.
IV.
The Medical Director shall give necessary instructions to the City's Emergency Medical
Technicians (EMTs) and Paramedics and supervise and arrange such in-service
instructional sessions, and promulgate such rules and directives, as may .be neces.sary to
assure that all medical services performed by EMTs and paramedics are m accordance
with proper medical standards and procedures.
· In addition, the Medical Director shall participate in general Paramedic staff
meetings at a time and date mutually agreeable with the Medical Director and
the. Fire and Emergency Medical Services Department; provide sufficient
didactic lecture and instruction to insure that standards of emergency medical
calve maintained, review and comment on content and emphasis on in-
service training and testing procedures; and 'shall initiate a review of all pre-
hospital emergency medical service protocols and levels of personnel and
equipment response at least every six months to determine their applicability
and appropriateness with respect to CUrrently accepted emergency procedures.
Reco~ended reVisions of said protocols or response procedures shall be
furnished to the Fire Chief.
SPECIFICATIONS continued ......
.V.
Services and responsibilities:
The Medical Director will assure the continuous availability of a least one qualified
physician as outlined in Section I, who shall serve as Acting Medical Director in the
absence of the Medical Director.
In addition, the Medical Director will notify the Boynton Beach Fire and
Emergency Medical Services Department whenever he/she will be unavailable
for whatever reason, and will attempt to provide 24 hour prior notification of
such unavailability except under emergency circumstances. The notification
shall be given to the office of the Fire Chief, and shall include the name and
telephone numbers of the Acting Medical Director.
The Medical Director will provide liaison services as required and requested between
the Fire and Emergency Medical Services Department of the City, and other
departments, divisions, boards and bodies of the City, County and the State of Florida,
as well as educational, institutions, medical societies and other agencies or institutions
relating to the provision of Emergency Medical Services.
The Medical 1
EMT the
assessment,
shall advise the
will retain
~ related to medical care.
or deny any Paramedic or
basic life support, patient
Medical Director
if appropriate, on
The Medical
regular
agreement.
administered a protocol examination on a
EMS personnel covered by this
E. Upon request, the Medical Director will participate in the design and structure of
selection procedures for entry level personnel for the City of Boynton Beach.
F. Upon request the Medical Director will consult with the Fire Chief regarding
promotional testing criteria for incumbent personnel.
Go
Ho
Upon reqt~ts the Medical Director will advise the depart_ men_t' on appropriate
procedures to address incidents in which an employee of the Fire and Emergency
Services Department or the Parks and Recreation Department's Life Guard unit, has
been, or may have been, exposed to infectious diseases or hazardous materials.
Upon request, the Medical Director will maintain data regarding the status of
employees who have been, or may have been, exposed to the infectious diseases or
hazardous materials.
SPECIFICATIONS continued ......
Upon request, the Medical Director will provide oversight and instruction to assist in
the preparation of personnel in the Fire and Emergency Service Department in
pro~'eSSional competitions which may beseleCted bY the Departmem.
At his/her election, the Medical Director'may :utilize the services of a Licensed
Medical Director to facilitate
contract.
· However, ! shall remain
with t increase in the
Upon request, the Medical
departmem
than 6 hours per
~and instruction during
Director will devote no less
Consideration of the C~ty of Boynton Beach
Because
into
negligent acts or
coverage on a
years following
paragraph shall
is by the
until four (4) years after termination.
of certain liabilities by entering
medical
arising out of
~ duties as
insurance policy provides
not less than four (4)
Director, the provisions of this
termination
of the term of this Agreement,
In addition, the City shall reimburse the Medical Director for registration fees, travel, hotel
and meals to perma't the Medical Director or the Deputy. Medical Director to attend
professional conferences p~g to Emergency Medical Services in each fiscal year
prOvided, howeVer, ~ Such expenses to the City shall not exceed twenty-two hund.re~l.
dollars ($2,200.00) inany fiscal Year, and provided further that such funds are provided
for in the annu_al the term of this Agreement.
Approval the sole discretion of the Fire
md specific expense
, elect to have these funds
fee for service and in, such case, the preceding conditions of
Section VIII shall not, apply.
a portable radio,, digital pager, etc., may
Appropriate commumcatlons equipment such as
be provided to the Medical Director and the Deputy Medical Director, if applicable, by the
city.
SPECIFICATIONS contmuea ......
IX.
XI.
The Medical Director shall be directly responsible to the Chief of the Fire and Emergency
Medical Services Department of the City. The Fire and Emergency Medical Services
Department will provide limited and department related administrative and secretarial
support to the Medical Director through the Office of the Fire Chief.
The Fire and Emergency Medical Services'Department, through the Office of the Fire
Chief, and the Parks and Recreation Department, shall cooperate to the greatest possible
extent in the delivery of competent emergency medical care, including implementation of
the policies established by the Medical Director and approved by the Fire Chief.
In consideration of the requirements and standards enumerated herein, I propose to
perform these functions and duties for a fee of $1550.00 monthly. I am able to assume
these responsibilities:
Signature
Date
ATTACH COPIES OF ALL REQUIRED' LICENSES, CERTIFICATIONS
DOCUMENTATION OF PRIVILEGES AND AFFILIATIONS, A CURRICULUM VITAE,
ALONG WITH THE OTHER MATERIALS YOU WISH TO HAVE CONSIDERED BY THE
CITY AS PART OF TI-HS REQUEST FOR QUALIFICATIONS/SERVICES. IN ADDITION,
ALL CURRENT AND ANTICIPATED CONTRACTUAL AGREEMENTS NAMING THE
PHYSICIAN AS MEDICAL DIRECTOR FOR THE OTHER GOVERNMENTAL AGENCY,
BODY, INSTITUTION OR PKIVATE OR PUBLIC SERVICE SHALL BE IDENTIFIED AT
THE TIME OF SUBMISSION OF THIS REQUEST FOR .QUALIFICATION/SERVICES.
EVALUATION PROCEDURE:
All physician candid~ will be inte~iewed by a panel of fire rescue personnel to include fire
administration and shift; officers with paramedic certification. Interviews will focus on experience
in pre-hospital EMS, medical training and experience, medical organization afl~ations,
certifications and instructor cer~cates and/or experience, and experience in dealing with fire
rescue organizations.
7