R14-0031 RESOLUTION NO. R14 -003
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4 A RESOLUTION OF THE CITY OF BOYNTON
5 BEACH, FLORIDA, APPROVING THE AWARD OF
6 RFP #015 - 2210 -14 /JMA FOR A "THREE YEAR
7 CONTRACT FOR MEDICAL DIRECTOR TO
8 OVERSEE THE EMERGENCY MEDICAL
9 SERVICES PROVIDED BY FIRE RESCUE AND
10 OCEAN RESCUE" TO KENNETH A. SCHEPPKE,
11 M.D., P.A.; AUTHORIZE THE CITY MANAGER TO
12 SIGN A THREE YEAR CONTRACT TOTALING
13 582,128.00 AND PROVIDING AN EFFECTIVE DATE
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16 WHEREAS, on December 5, 2013, Procurement Services received and opened
17 three (3) proposals in response to the RFP for "A Three Year Contract for Medical
18 Director to Oversee Emergency Medical Services Provided by Fire Rescue and Ocean
19 Rescue'', and
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WHEREAS, RFP Scope of Services for Medical Director requested an
independent contractor to supervise and accept responsibility for the medical performance
of the Emergency Medical Technicians, Paramedics, first responders and lifeguards; and
WHEREAS, the proposals were reviewed and evaluated by a Selection
Committee independently and based on the summary of scores, Kenneth A. Scheppke,
M.D., P.A. scored as the highest ranked proposer; and
WHEREAS, the City Commission, upon recommendation of staff, deems it to be
in the best interests of the citizens and residents of the City of Boynton Beach to award
this RFP ( #015- 2210 -14 /JMA), to Kenneth A. Scheppke, M.D., providing for overseeing
the Emergency Medical Services as provided by Fire Rescue /EMTS, Paramedics and
Lifeguards, and to enter into a three year Contract between the City of Boynton Beach and
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1 Kenneth A. Scheppke, M.D., in the amount of $26,568.00 for the first year, $27,360 for
2 the second year and $28,200 for the third year totaling $82,128.00 for the three year
3 period.
4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
5 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
6 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
7 being true and correct and are hereby made a specific part of this Resolution upon adoption
8 hereof.
9 Section 2. The City Commission of the City of Boynton Beach, Florida, upon
10 recommendation of staff, hereby approves the award of this RFP (#0 1 5-2210-14/JMA), to
11 Kenneth A. Scheppke, M.D., providing for overseeing the Emergency Medical Services as
12 provided by Fire Rescue /EMTS, Paramedics and Lifeguards, and to enter into a three year
13 Contract between the City of Boynton Beach and Kenneth A. Scheppke. M.D., in the
14 amount of $26,568.00 for the first year, $27,360 for the second year and $28,200 for the
15 third year totaling $82,128.00 for the three year period; authorizing the City Manager to
16 execute a contract, a copy of which is attached hereto.
17 Section 3. That this Resolution shall become effective immediately.
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PASSED AND ADOPTED THIS 7th day of January, 2014.
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CITY OF BOYNTON BEACH, FLORIDA
yor — Jer T/, for
ce Mayor — Woodrovnl[7. ay
Comm �ssbner -David T.
Commissioner — Michael M. F' atrick
I A
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Commissioner — Joe Casello
ATTEST:
P& a�-�
Jan M. Prainito, MMC
Clerk
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PROFESSIONAL AGREEMENT
FOR MEDICAL SERVICES DIRECTOR
THIS PROFESSIONAL AGREEMENT, entered into this day of , 2014
between the City of Boynton Beach, a political subdivision of the State of Florida, hereinafter
referred to as the "CITY ", and KENNETH A. SCHEPPKE, M.D., P.A., a MEDICAL DIRECTOR,
authorized to do business in the State of Florida, hereinafter referred to as the "MEDICAL
DIRECTOR" for Emergency Medical Services is entered into subject to the following terms and
conditions
The City Of Boynton Beach and Kenneth A. Scheppke, M.D. hereby agree that the terms of
this Contract provide an outline of the working relationships and responsibilities of the CITY and
the MEDICAL for the City's Emergency Medical Services Program (EMS), which is part of the
CITY'S Municipal Fire Department. The items in this Contract in the following Sections are
aimed at identifying the MEDICAL DIRECTOR'S general relationship with the CITY, his
responsibility for supervising the direct medical related activities of the EMS Program, and the
MEDICAL DIRECTOR'S responsibility for local training and certification of the Paramedics per
RFP No 015 - 2210- 14 /JMA. The Contract further supports the principle that the MEDICAL
DIRECTOR will receive support from the Fire Department Administration and will direct his
requests for equipment and equipment assignments, manpower and manpower assignments,
and supplies of the Fire Department Administration and recognizes that assignments to the
Paramedic Program will be made by the Fire Chief in accordance with the overall resources and
needs of the Fire Department
TERM OF AGREEMENT:
The term of this agreement shall be for Three (3) years effective February 3, 2014 through
February 2, 2017 The City of Boynton Beach may extend the agreement at the same terms,
and conditions, for two (2) one -year renewals subject to vendor acceptance, satisfactory
performance, and determination that renewal will be m the best interest of the City.
The CITY hereby contracts with the MEDICAL DIRECTOR and the MEDICAL DIRECTOR
accepts this contract as MEDICAL DIRECTOR for the City Of Boynton Beach Emergency
Medical Services Program under the provisions of Section 401.46, 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 notice
from the CITY that such additional duties have been established by the Florida Department
of Health and Rehabilitative Services It is recognized that the MEDICAL DIRECTOR'S
contract with the CITY preserves the MEDICAL DIRECTOR'S right to practice as an
independent physician at all times
The Medical Director will assure the continuous availability of at least one qualified physician
as outlined in Section I, who shall serve as Acting Medical Director in the absence of the
Medical Director
2 The MEDICAL DIRECTOR shall accept responsibility for the medical performance of the
Emergency Medical Technicians, Paramedics, Lifeguards and Certified Emergency Medical
Dispatchers employed by the CITY and serving in the Emergency Medical Services Program
of the City Fire Department, herein referred to as EMS. The MEDICAL DIRECTOR shall be
responsible directly to the City Manager However, nothing herein shall in any way
authorize any limitations or restrictions by the City Manager on the professional acts or
advice of the MEDICAL DIRECTOR
3. The Fire Chief, through the Department staff and operation procedure, will establish
Department 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 policy for manpower
assignment in conjunction with recommendations made by the MEDICAL DIRECTOR.
4 The MEDICAL DIRECTOR shall perform all services required pursuant to Florida Statutes
Chapter 401, Section 401.46, Chapter 64 -J- 1.004, Florida Administrative Code; duties and
regulations promulgated by the Florida Department of Health and Rehabilitative Services;
and all present rules and regulations of any governmental agencies implementing said
Chapter or other established duties required to be performed by said MEDICAL DIRECTOR.
5 The MEDICAL DIRECTOR shall serve as the Fire Department's physician for purposes of
advising the Fire Chief on matters pertaining to occupational safety and health MEDICAL
DIRECTOR shall serve as the MEDICAL DIRECTOR for the City's Lifeguards, who may be
certified as Emergency Medical Technicians
6 The MEDICAL DIRECTOR agrees to both directly and indirectly supervise and accept
responsibility for the medical performance of Emergency Medical Technicians, Certified
Emergency Medical Dispatchers, and Paramedic functioning for the EMS and shall have full
authority to direct and supervise the medical activities in the field, in training and for
certifications Such supervision shall be accomplished by, but not limited to
a Actual accompaniment of Paramedics and EMT's on rescue calls
b Monitoring of radio transmissions to and from hospital emergency departments and
related facilities
c Review of incident reports and associated documentation
d Conference and /or meeting in both individual and group situations
e Review of standard operating procedures and protocols involving multi- agency
responses to medical emergencies.
7 These duties will be performed by the MEDICAL DIRECTOR at his /her convenience as
often as is necessary to insure that proper medical standards and procedures are being
followed. Cost for supplying necessary in- service instruction material will be assumed by
the CITY and the material will become the property of the CITY. Furthermore, the EMS
Coordinator shall be the MEDICAL DIRECTOR'S agent for purpose of quality assurance
pursuant to Florida State Statute
8 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.
9 The CITY will obtain and pay the annual premium for a professional liability endorsement to
the City's liability policy insuring the MEDICAL DIRECTOR against liability arising out of
negligent acts or omissions of the MEDICAL DIRECTOR in the performance of his duties
during the term of this Agreement
10 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
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11 The CITY will pay the MEDICAL DIRECTOR the annual sum of
Year 1 $26,568 00 (Includes $70.00 /month cell phone allowance.)
Year 2 $27,360 00 (Includes $70.00 /month cell phone allowance.)
Year 3 $28,200 00 (Includes $70.00 /month cell phone allowance.)
with a monthly payment of.
Year 1 $2,21400
Year 2 $2,28000
Year 3 $2,35000
payable at the end of each month for services outlined in this contract
12 The CITY will provide portable radio communication for use by the MEDICAL DIRECTOR
13 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 Chief as the Fire Chief carries out grievance procedures, discipline, interviewing
paramedics, paramedic school assignments, and union contract administrative
requirements.
a The MEDICAL DIRECTOR will be expected to report to the Fire Chief his /her decisions
relating to any employees for the Emergency Medical Services System such as discipline,
de- certification or promotion in which the MEDICAL DIRECTOR is involved
b The MEDICAL DIRECTOR agrees to participate as required at personnel hearing
boards such as grievance procedures of the union contract, etc. as part of his Department
administrative responsibilities of the Department without additional compensation
c The MEDICAL DIRECTOR agrees to participate in the oral interview and skills test
administered to all new firefighter applicants who have a paramedic certificate prior to their
employment The MEDICAL DIRECTOR retains the right to prevent the hiring of any such
individual for the purpose of employment as a paramedic if he or she does not perform
satisfactorily during the interview and /or skills test The content of the skills test will be in
accordance with current standardized criteria set up by the American Heart Association and
American College of Emergency Physicians.
d The MEDICAL DIRECTOR agrees that anytime a firefighter employed by the City of
Boynton Beach wants to attend paramedic classes for purposes of becoming a licensed
paramedic, they must have written approval by the MEDICAL DIRECTOR prior to attending
and /or enrolling in such classes
14 From time to time the MEDICAL DIRECTOR, on the request of the Fire Chief, will attend
Department Administrative staff meetings so that he can give input to the Administrative staff
on the needs and status of the EMS Program so that he can become involved and informed
of Departmental Standard Operating Procedures relating to
a Response procedures
b Equipment and personnel allocations
c Department priorities
d Departmental procedures for handling emergencies
e Working with other departments
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f Emergency medical dispatching
g Infectious Disease procedures
15 Any staffing changes that result in modifying the Department's current EMS response
protocols must be cleared through the MEDICAL DIRECTOR
16 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
17 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 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
18 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
19 The MEDICAL DIRECTOR hereby agrees to perform those duties set forth in Exhibit "A" and
in the Specifications for the position set forth Exhibit "B" Exhibit "A" and "B " are attached
hereto and incorporated herein by reference
20 NOTICES Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P O Box 310
Boynton Beach, FL 33425 -0310
Attn Lori LaVernere, City Manager
NOTICES to the Medical Director shall be sent to the following address
Kenneth A. Scheppke, M D., P.A
4480 River Pines Ct,
Tequesta, FL 33469
21 PUBLIC RECORDS LAW. The City of Boynton Beach is a public agency subject to Chapter
119, Florida Statutes The contractor shall comply with Florida's Public Records Law.
Effective July 1, 2013, Section 119 071, Fla Stat , the contractor shall
a Keep and maintain public records that ordinarily and necessarily would be required by
the City in order to perform the service,
b. Provide the public with access to such public records on the same terms and conditions
that the City would provide the records and at a cost that does not exceed that provided in
chapter 119, Fla Stat , or as otherwise provided by law;
c Ensure that public records that are exempt or that are confidential and exempt from
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d. Meet all requirements for retaining public records and transfer to the City, at no cost, a
public records in possession of the contractor upon termination of the contract and destro
any duplicate public records that are exempt or confidential and exempt. All records store
electronically must be provided to the City in a format that is compatible with the informati
technology of the agency.
A 6=0 on- Fmi NEW-1*41 1*114
22. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Firm and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Firm.
DATED this (V day of 11-y"-"L�� 2014
CITY OF BOYNTON BEACH MEDICAL DIRECTOR
r KA J,
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Id
Attest/Authenticated:
City erk
Approved as to Form:
j Office of the - ,City Atf6rnqy
2i
Name
Title
(Corporate Seal)
Attest/Authenticated:
Secretary
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EXHIBIT A
SCOPE OF SERVICES
Purpose of RFP
The purpose of this Request for Proposals is to obtain the services of a licensed physician(s),
pursuant to Chapter 458, Florida State Statutes to serve as the Medical Director, Chapter 401,
Florida State Statutes, and Rule Chapter 64J -1, Florida Administrative Code (FAC) to have
authority over all clinical and patient care aspects of the Emergency Medical Services provided
by the City of Boynton Beach
A. SCOPE OF SERVICES
The City Of Boynton Beach is seeking to employ a Medical Director to oversee the Emergency
Medical Services as provided by Fire Rescue, Paramedics, and Lifeguards, 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 responders, and Lifeguards
functioning in the Fire and Emergency Medical Services Department and the Parks and
Recreation Department under applicable provisions of Florida Statutes Chapter 401, and FAC
64 -J -1 004
The City is seeking a contract for an initial term of three (3) years, with two (2) additional one -
year renewal terms based upon satisfactory performance and mutual agreement of the City and
the awarded Medical Director
REQUIRED SERVICES TO BE PROVIDED.
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 responsible evaluative processes and
techniques and should include at least one assessment of each paramedic's ability to:
a Appropriately evaluate emergency medical patients and determine proper
priorities for emergency medical care.
b Communicate the findings of such evaluations 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 properly apply any standing orders authorized by the Medical
Director
e Understand legal relationship between the paramedic, Medical Director,
physician(s) under agreement to provide responsible supervision of the
paramedic, and any other physician
f Insure that any ALS performed by the paramedic is done with responsible
physician supervision
g Perform the specific medical procedure(s) which the paramedic is specifically
authorized by the Medical Director and by the ALS provider to perform
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2. Continually evaluate the medical capability of the paramedics and the ALS provider and
advise 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 knowledge which 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 educations
programs, in assuring that each paramedic receives such training and experience as
required
5 Develop and implement an appropriate process for periodic 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
6. Develop and authorize or review and authorize standing orders which allow the
paramedics to properly manage certain medical emergencies when voice
communications with the responsible physician is not available Such standing orders
must be specified and must at least provide for managing immediately life- threatening
emergencies though they are not required to be so comprehensive as to include all
possible medical emergencies
7 Responsibility for the medical correctness of any standing order which he /she authorizes
for use by the paramedics and for properly instructing the paramedics regarding the
correct use of standing orders
8. Assist the ALS provider in assuring continuous availability of at least one responsible
physician Determine the qualifications necessary for a physician to provide responsible
supervision of the paramedics.
9 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) FS, Law
implemental 401.46, 401.47 FS History NEW 9 -10 -7
II, RELATED RESPONSIBILITIES
A The Medical Director serves as the Fire Department's physician for the purpose 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 Ocean
Rescue /Lifeguards, who may be certified as Emergency Medical Technicians
C The Medical Director agrees to 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 the Parks and Recreation Department Such supervision shall be accomplished
by, though not limited to
1 Actual accompaniment of Paramedics and EMTs on rescue calls;
2 Monitoring of radio transmissions to and from hospital emergency
departments and related facilities;
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3 Review of rescue incident reports and associated documentation,
4 Conference and /or meetings in both individual and group situations,
5 Review of Standard Operating Procedures and Protocols involving multi -
agency responses to medical emergencies,
6 Active participation in daily 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
D The Medical Director shall perform all services required of him /her 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 by the Florida Department of
Health.
E The Medical Director shall give necessary instructions to the City's Emergency Medical
Technicians (EMTs), Paramedics, and Lifeguards The Medical Director will also
supervise and arrange such in- service instructional sessions, and promulgate such rules
and directives, as may be necessary to assure that all medical services performed by
EMTs, Paramedics, and Lifeguards are in 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
care are 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
Recommended revisions of said protocols or response procedures shall be
furnished to the Fire Chief.
III SERVICES AND RESPONSIBILITIES
1, The Medical Director will assure the continuous availability of at least one qualified
physician as outlined in Section I, who shall serve as Acting Medical Director in the
absence of the Medical Director. Please provide the name, address and Medical
License number of the physician to be designated "Acting 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
2. The Medical Director may provide liaison services as required and requested
between the Fire and Emergency Medical Services Department of the City and
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other departments, divisions, boards, and bodies of the City, County and State of
Florida, as well as educational, institutions, medical societies and other agencies or
institutions relating to the provision of Emergency Medical Services
a The Medical Director will retain ultimate authority to permit or deny any
Paramedic or EMT the utilization or advanced life support techniques, basic life
support, patient assessment, or patient stabilization procedures. Upon request,
the Medical Director shall advise the Fire Chief or the Director of Parks and
Recreation, if appropriate, on disciplinary recommendations related to medical
care
b The Medical Director shall administer a protocol examination and /or practical
test as he /she sees fit to determine the competence of all Emergency Medical
Services personnel covered by this Agreement
c Upon request, the Medical Director may participate in the design and structure
of selection procedures for entry level personnel for the City Of Boynton Beach.
d Upon request, the Medical Director will consult with the Fire Chief regarding
promotional testing criteria for incumbent personnel
e Upon request, the Medical Director may advise the department on appropriate
procedures to address incidents in which an employee of the Fire and
Emergency Services Department or the Parks and Recreation Department's
Lifeguard 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 infectious diseases
or hazardous materials
g 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 professional competitions which may be selected by the
Department.
At his /her election, the Medical Director may utilize the services of a Licensed
Physician Assistant who shall be designated as a Deputy Medical Director to
facilitate the delivery of the services enumerated in the Medical Director's
contract
However, responsibility for the efficient delivery of these services shall remain
with the Medical Director and no increase in the annual fee shall occur based on
this election
i. The Medical Director will oversee and provide instruction during department
scheduled in- service training, for a minimum of six hours per month
E