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HomeMy WebLinkAbout2010-01-11 10-053 ORDERCOUNCIL ACTION Item No. 1 0 05 .3 Date: January 11, 2010 Item/Subject: ORDER, Authorizing the City Manager to Execute an Agreement with Eastern Maine Medical Center — Special Response Team Medical Director Contract Responsible Department: Fire Commentary: For many years, the City's Police Department staffed a Special Response Team (SRT). Paramedics from the Bangor Fire Department accompany the SRT when it responds to emergencies. This Order will authorize execution of an Agreement with Eastern Maine Medical Center for it to provide a Medical Director for the tactical EMT providers to the City. The Medical Director will, among other things, enable the tactical EMT providers to expand their scope of practice under his direction; will assist in the development, revision, and implementation of protocols for tactical EMT providers; review and make recommendations for training standards for tactical EMT providers; and work with the City to develop a Continuous Quality Improvement program. The City will pay Eastern Maine Medical Center a sum of $2,000.00 ($1,000.00 per contract year) for the term of this contract. The Council had approved a similar two year Agreement on June 11, 2007 which has since expired. This was reviewed by the Government Operations Committee, which recommended approval. Mana er's Comments: l�nmm� /dam/ Associated Information: Order; Contract Budget Approval: Legal Approval: Introduced for x Passage First Reading Referral Department Head Y City Manager Finance Director .ZY7KI ty Solicitor Page _ of _ Assigned to Councilor _ Wheeler -Z- Q 5" s January 11, 2010 _Z♦ CITY OF BANGOR pRq�T3f6r (TITLE.) ORDER, Authorizing the City Manager to Execute an Agreement with Eastern Maine Medical Center — Special Response Team Medical Director Contract. WHEREAS, the Bangor Police Department has long had a Special Response Team (SRT) and EMT -P providers from the Bangor Fire Department accompany the SRT when it responds to emergencies; and WHEREAS, having a SRT Medical Director to work the SRT and the EMT -P providers would be of benefit to the City of Bangor; and WHEREAS, Eastern Maine Medical Center is willing to provide a medical director for the SRT and -EMT -P providers; WHEREAS, on June 11, 2007, the Council had approved a similar two year agreement; NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT the City Manager is authorized, on behalf of the City of Bangor, to execute a Special Response Team Medical Director Contract between the City of Bangor and Eastern Maine Medical Center. Said Contract shall be in substantially the same form as attached to this Order and in a final form as approved by the City Solicitor or Assistant City Solicitor. IN CITY COUNCIL January 11, 2010 Mo ion Made and Seconded for Passage P sed CITY CLERK # jp-ns-A (TITLE,) authorizing the City Manager To Execute an Agreement with Eastern Maine Medical Center - Special Response Tamm Madival Director Contract Assigned to Councilor 1 :a.0 0 5 3 Smial Response Team Medical Director Contract This Agreement is entered into by the City of Bangor (hereafter referred to as "City") and Eastern Maine Medical Center (hereafter referred to as "Contractor"). I . Term. This Agreement will become effective on the date it is signed and shall terminate 2 years from that date unless terminated by the parties earlier or the parties agree to extend it. This Agreement tnay be terminated by either party upon %vritten notice: at least sixty (60) days prior to the intended date of termination. It may be renewed or extended through mutual agreement of both parties at any time. 2. Contractor Status. The Contractor, its agents and employees are independent contractors providing professional services to the City and are not employees of the City. The Contractor, its agents and employees will not accrue benefits from the City. a. Contractor will not subcontract any portion of the services to be performed hereunder without the prior written approval of the City b. Materials developed under this contract will be the property of the contractor. At the termination of this contract, the City maintains the right to utilize any materials developed under this contract For its own internal operational and educational purposes including written audio, video, and electronic formats, without respect to the copyright of the Contractor of the materials. c. Insurance or adequate sell. -insurance, including medical malpractice for practice in the prc-hospital setting, general liability, and workers compensation shall be provided and maintained by the Contractor. The Contractor shall provide evidence thereof to the City. �. Contractor Duties. The Contractor shall perform the following duties as part of the SRT paramedics of the City's Fire Department (hereafter referred to as "Agency," in providing medical back up to the Special JZcsponse'fearn of the City's Police Department (hereafter referred to as the "SRT"): :a. Provide the services of' the Johnathan Busko, MD, or, in his absence, another qualified physician employed by Contractor and approved by the City (hereafter referred to as the "Physician"), as Medical Director for the SR'T. The Medical Director shall function as a Part of the Sit"f and in accordance with all policies and procedures of the City applicable thereto. Contractor hereby represents that the Physician is familiar with, and agrees that the Physician will act in courplia.nce with such policies and procedures and with all laws and regulation affecting LMS and the practice of EMTs, the training and continuing education requirements affecting LMS and practice of EMTs, the training and continuing education requirements of EMTs. and methods of quality assurance for prehospital services. .0 053 b. Assure that the. Physician has completed any state required educational sessions for medical directors and has received additional training in medical direction through CONTOMS or equivalent as available. c. Provide and/or withhold, in the professional judgment of the Medical Director, medical direction to the tactical EMT -P providers associated with the SRT to enable them to expand their scope of practice beyond the Maine EMS paramedic certification as may be approved by the MEMS Specialty Program Approval Process. d., Assist in the development, revision, and implementation of protocols for all levels of the tactical FMT-P providers associated with the SRT, and review of protocols at least annually. e, Review and make recommendations to the training standards of the tactical EMT -P providers associated with the SRT, review and approve continuing education, and to assist in the training of City personnel as necessary in connection therewith in order to enable the tactical EMT -P providers to associated with the SRT to practice at the level described in Section 3(0 above, including determination of required course work at Eastern Maine Community College or other appropriate institution and conducting quarterly clinical rotations in the Contractor's Emergency department for tactical EMT -P providers associated with the SRT and as arranged as continuing education through Eastern Maine Community College. f. Work with representatives of the City to develop a Continuous Quality Improvement program for the tactical FMT-P providers associated with the SWI' to be conducted by the Physician and/or designated personnel of the City to include: 1. Data collection. 2. Ongoing evaluation of patient care by through in -field observation, retrospective chart review, and on-site evaluation. 3. Investigation and resolution of medically related complaints. 4. Development of a written medical incident review process. 5. Development of a written procedure and the method by which medical control of SRT EMT -P provider may be modified or withdrawn. g. Regularly review Agency compliance with relevant federal, state and local laws and regulations. h. Participate in regular meetings with the SRT commanding officer at a frequency determined by the SRT commanding officer and the Physician. i. Assist in Agency program development, identifying and obtaining new resources and writing grant proposals. 0 053 j. Be reasonably available to Agency personnel designated by the City regarding patient care matters that arise during patient encounters by tactical EMT -P providers associated with the SRT. k. Oversee the activities and performance of other tactical physicians as identified and agreed upon by the City and the Contractor. 1. Keep information regarding disciplinary matters confidential unless required to divulge information by law. m. The Physician will participate as available in Agency training sessions related to the Agency's association with the swr. n. The Contractor shalt provide and maintain medical supplies for physician use as specified by the physician for the provision of care of individuals who may be injured on scene, including members of the Agency and the SRT. o. Develop protocols for and supply additional medications to the tactical EMT -1' providers associated with the SRT as specified by the Physician per the terms of the currently existing medication supply agreement between the Agency and the Contractor for regular Agency EMS operations. 4. City Duties: a. "Tactical EMT -P providers associated with the SRT will not practice at a level of EMS above their license unless approved by the Medical Director. b. The Physician has the final decision with respect to the drugs and skills to be used by tactical EMT -P providers associated with the SRT who are operating tinder the Physician's medical direction. c. No tactical FMT-P providers associated with the SRT may practice tactical LMS skills tinder the Physician's license without the written authorizing of the Physician. d. The City will provide the Physician with a two-way hand held radio and pager. e. The City will pay Contractor the sum of $2000.00 ($1,000 per contract year) for the term of this contract. Payment will be within 30 days of receipt of an invoice. Invoicing will occur in equal aivnzal payments. f. The City will provide the Physician with personal protective gear appropriate for on - scene work, provided that the City is able to get a grant to pay for said gear. '11iis includes, but is not limited to: Body armor, Kevlar helmet, boots, and weather gear. g. The Agency shall supply a drug box containing MEMS approved prehospital medications. 3� e. No Requirement to Refer, It is not a purpose of this Agreement to induce the referral of patients. The parties acknowledge that there is no requirement under this Agreement or any other agreement between them that either party refer patients to the other for products or services. All consideration hereunder is at fair market value. No payment under this Agreement is in return for the referral of patients, if any, or in return for the purchasing, leasing, or ordering of any products or services that will he paid for by any federal healthcare program. The parties may refer patients to any person or other entity providing such products or services consistent with professional medical judgment and he needs and wishes of the individual patients. 1'. Croverning Law. This Agreement shall be construed and all of the rights, powers, and liabilities of the parties hereunder shall be determined in accordance with the laws of the State of Maine. This Agreement contains a whole understanding of the parties and supersedes all prior oral or written representations and statements between the parties. g. Agreement in its Entirety. This Agreement represents the entirety of the understandings between the parties and that all understandings have been set firth in the Agreement. No prior or subsequent understandings of the: parties or the agents shall be enforceable under this Agreement, unless the parties agree to an Addendum to this Agreement. SIGNED: CITY OF BANGOR Witness Name: Date "Title: EASTERN MAINE MEDICAL CENTER Witnes Name:Date Title Yolldl4p iC�lLt /�j -S PHYSICIAN Witness me: Date