R00-128RESOLUTION NO. R00-/~'
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A TEMPORARY AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND
/,'~'z-~ ~. ~,¥~F'P'K~ , M.D.,
PIS, OVIDING 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 a Temporary Agreement with ~-zV~'~"-r~/~. ~.~~, M.D., to
act as the Emergency Medical Services (EMS) Director for the City of Boynton
Beach, 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, and providing local training and certification to paramedics of the Fire
Department; and
WHEREAS, Section 401.46, Florida Statutes, requires that each Emergency
Medical Services Program have an EMS Director.
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 a Temporary Agreement
between the City of Boynton Beach, Florida and
, M.D., providing for independent contractor
,rvices as the Emergency Medical Services Director for the City of Boynton Beach.
A copy of said Agreement is attached hereto as Exhibit "A".
Section2. This Resolution shall become effective immediately upon
PASSED AND ADOPTED this ,/~' day of September, 2000.
CITY BOY ACH,~F LO RI DA
Vice Mayor
Commissioner
Clerk
EMERGENCY MEDICAL SERVICE DIRECTOR CONTRACT
THIS CONTRACT, entered into on ,2000, between the CITY
OF BOYNTON BEACH, Florida (hereinafter "CITY") and Kenneth A. Scheppke, M.D.
(hereinafter "MEDICAL DIRECTOR") for Emergency Medical Services Director, 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 Director for the City's Emergency Medical Services Program
(EMS), which is a 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. 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.
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 govemmental
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 Flodda Department of Health and
Rehabilitative Services. It is recognized that the MEDICAL DIRECTOR's contract
with the CITY preserves MEDICAL DIRECTOR's right to practice as an
independent physician at all times.
The MEDICAL DIRECTOR shall accept responsibility for the medical performance
of the Emergency Medical Technicians, Paramedics 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.
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.
The MEDICAL DIRECTOR shall perform all services required pursuant to Chapter
401, Florida Statutes; Section 401.46, Florida Statutes; Chapter 64E-2, Florida
Administrative Code; duties and regulations promulgated by the Flora 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.
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 Life Guards, who may be certified as Emergency Medical Technicians.
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 Paramedics
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 EMTs 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, and
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.
These duties will be performed, periodically 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
matedal will be assumed by the CITY and the matedai will become the property
of the CITY. Further the EMS Coordinator shall be the MEDICAL DIRECTOR's
agent for purpose of quality assurance pursuant to Fiodda State Statute.
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
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12.
13.
10.
11.
by the Fire Department.
The MEDICAL DIRECTOR shall be eligible as a member as defined under'Section
IV. Members 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.
MEDICAL DIRECTOR shall provide the Fire Chief with written reports as required
by Fire Chief regarding efficiency, effectiveness, and general performance of the
CITY's Emergency Medical Services System.
The provider shall indemnify and save harmless the MEDICAL DIRECTOR from
any. and all liability for acts or omissions committed by the MEDICAL DIRECTOR
while acting in the capacity as Medical Director of the Boynton Beach Fire
Department, but said indemnification shall be to the extent only of any amount due
and owing from MEDICAL DIRECTOR which exceed applicable insurance
coverages maintained either by MEDICAL DIRECTOR or by the CITY on behalf
of MEDICAL DIRECTOR.
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 Forty-Nine Hundred and
Fifty Dollars ($4,950.00) with the monthly rate being Sixteen hundred and Fifty
Dollars ($1,650.00) dollars per month for three (3) months, payable at the end of
each month for services outlined in this contract.
The CITY will provide portable radio communications and an Alpha Numeric 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 cardes out grievance procedures, discipline, interviewing
paramedics, paramedic school assignments, and union contract administrative
requirements.
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.
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15.
16.
14.
The MEDICAL DIRECTOR agrees to participate as required at personnel
headng boards such as the Civil Service Board, grievance procedures of the
union contract, etc. as a part of his Department administrative responsibilities
of the Department without additional compensation.
The MEDICAL DIRECTOR agrees to participate in the oral interview and
skills test administered to all new firefighter applicants who have a paramedic
certificate pdor to their employment. MEDICAL DIRECTOR retains the right
to prevent the hidng 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.
The MEDICAL DIRECTOR agrees that anytime a flrefighter employed by the
City of Boynton Beach wants to attend paramedic classes for purposes of
becoming a licensed paramedic they must have wdtten approval by the
MEDICAL DIRECTOR pdor to attending and/or enrolling in such classes.
From time to time the MEDICAL DIRECTOR will be expected to attend
Department administrative staff meetings so that he can give input to the
adminiStrative staff on the needs and status of the EMS Program and so that he
can become involved in 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
F. Emergency medical dispatching
G. Infectious disease procedures
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 wdtten 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
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17.
18.
19.
20.
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 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.
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.
The term of this agreement shall be for three (3) months effective October 1, 2000,
through December 31, 2000.
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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
day of ,2000.
WITNESS:
CitY OF~OYNTON BEACH, FLO,RIDA
Ma"'yo r / '
WITNESS: M~~.C~TOR
ATTEST:
Cit~Clerk
DIRECTOR
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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:
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;
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;
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insure that any ALS performed by the paramedic is done with responsible
physician supervision; and
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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.
Assist in identifying the specific medical skills and knowledge which parar~edics must
possess to achieve the desired level and standard of care.
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.
5. Develop and implement an appropriate process for pedodic audit and review of medical
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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.
Develop and authorize or review and authorize for use standing dders 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.
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Be responsible for the medical correctness of any standing order which he authorizes
for use by the paramedics and for propedy 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.
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
implemented 401.46, 401.47 FS. History New 9-10-78).
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