HomeMy WebLinkAbout2007-06-11 07-194 ORDERMaim No, 07 7.94
Date: 6-11-07
Item/Subjed: ORDER, Authorizing the City Manager to Execute an Agreement with Eastern
Maine Medical Center - Special Response Team Medial Director Contract
Responsible Deparlatent: Police Department
Commentary:
The City's Police Department has long had a Special Response Team (SRT). Paramedics from
the Bangor Rre Department accompany me SRT when it responds to emergencies.
This Order will authie a execution of an Agreement with Eastern Maine Medial Center for it to
provide a Medial Director for the tactical EMT providers at no cost to the City other than to
supply the same protective gar to the physician as provided to the tactical EMT pmuiders. The
Medial Director will, among other things, enable the tactical EPR providers to expand their
scope of practice under his direction; will assist in the development, revision, and
implementation of protocols for tacdal EMT provides; review and make recommendations for
fanning standards for tactical EMT providers; and work with the City to develop a Continuous
Quality Improvement program. The Agreement is for two years, but an be terminated by either
party upon sixty days notice to the other,
This was reviewed by the Government Operations Committee, which recommended approval
Associated Information: Order, Medial Director Contract
Department Head
Legal Approval:
CRY Yssoi0w
Introduced for
X Passage
_ First Reading papa _of _
Referral
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CITY OF BANGOR
(TITLE.) ORDER, Authorizing the City Manager to Execute an Agreement with Eastern Maine
Medhal Center — Specht Response Team Medical Director Contract
WHEREAS, the Bangor Police Department has long had a Special Response Team (SRT) and
PM providers from the Bangor Fre Department accompany the SRT when R
responds M emergencles; and
WHEREAS, having a SRT Medical Director m work with the SRT and Bm EMT -P providers
would tie Hf benefit to the City of Bangor; and
WHEREAS, Eastern Maim Medical Center to wlllici to provide a medical director for the SRT
and EMT -P providers;,
NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CRY 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 substandally the same form as attached m this Order
and in a final form as approved W the City Solicitor or Assistant City Solicitor.
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Special Response Team Medical Director Contract
This Agreement is entered into by the City of Bangor (hereafter referM in as "Cit)") and
Eastern Maine Medical Center (hereafter refined m as "Conrscmr').
I. Town. This Agreement will become effective on the date it is signed and shall terminate two
(2) years from that data unless terminated by the parties earlier or the parties agree In extend
it. This Agreement may be nominated by either party upon written notice at least sixty(60)
days prior to the intended date of contribution. It may be renewed or extended through mutual
agreement of both parties at my time.
2. Convector Status. The Contractor, its agents and employees are independent contractors
providing professional services to the City and are not employees of the City. The Connector,
its agents ant employees will not accrue benefits from the City.
a. Connector will not subcontract my portion of the services to be performed hereunder
without the prior written approval of the City.
It. Materials developed by Commator under this Agreement will be the property of the
Contractor. At the termination of the emitted, the City maintains the right to utilize my
materials developed under this contract for its own internal operational and eduwtlonal
purposes including written, radio, vides, and electronic formats, without respect to
copyright to the Contractor of the materials.
c. Insurance or adequate self-insurance, including medical malpractice for practice in the pm
hospital setting, general liability, and wmkem compensation shall be provided and
maintained by Contractor. The Contractor shall provide evidence thereof to the City.
3. Connector Codes. The Contractor shall perform the following duties as part of the SRT
paramedics of the City's Fico Department in providing medical back up in the Special
Response Teem of the City's Police Department (hereafter referred to as "SRT'):
a. Provide the services of John Busko, MD, or, in his absence, of another qualified
physicim employed by Connector and approved by the City (hereafter rotation to as the
'Physician'), as Medical Director for the SRT. The Medical Director shall function as a
par ofthe SRT and in accordance with all policies ant procedures of the City
applicable thereto. Contractor hereby represents that the Physician is fmdlim with, and
agrees that the Physician will act in compliance with such policies and procedures and
with all dews and regulations affecting FMS and the practice of EMTs, the training and
continuing education requirements of EMTs, and methods of quality assurance, for pro-
hospital services.
b. Assure that the Physician has completed any state required educational sessions f
medical dr mors and has received additional training in medical direction through
CONRIMS.
c. Provide and/or withhold, in the profesaioneljudgmen t of the Medical Director, medical
direction to the tactical EMT -P providers associated with the SRT in enable them b
expand their scopeofinaw ice beyond Maine EMS paramedic certification as may be
approved by the MEMS Medical Direction and Practice Board
d. Assist in the development, revision, and implementation of protocols for all levels of the
tactical EMT -P providers associated with the SRT, and review ofpromools at least
normally.
e. Review and make recommendations to the waiving standards of the tactical EMT -P
providers associated with the SAT, review and approve continuing education, and assist
in the mining of City personnel as necessary in connection therewith in order to enable
the tactical BMT -P providers associated with the SRT to practice at the level described
in Section 3(c) above, including determination of required course work at Eastem Maine
Community College or other appropriate institution and conducting quarterly clinical
rotations w the Connector's Emergency Department for tactical EMT -P providers
associated with the SRT.
f We& with representatives of the City b develop a Continuous Quality Improvement
program for the tactical EMT -P providers associated with the SRT to be conducted by
the Physician and/or designated personnel of (be City to include:
1. Data collection.
2. Ongoing evaluation of patient care through in -field observation, retrospective chart
review, and or -site evaluation.
3. Investigation and resolution of medically related complaints.
4. Development of a written medical incident review process.
5. Development of written procedure and the method by which medical control of
tactical EMT -P providers associated with SRT may W modified or withdrawn.
g. Regularly review Agency compliance with relevant federal, state and local laws and
regulations.
h. Participate in no less than monthly meetings with the SRT commanding officer.
i. Assist in Agency program development, identifying and obtaining new resources and
wrifing great proposals.
j. Be reasonably available to Agency personnel designated by the City regarding patient
are matters that arise during pmieot encounters by tactical EMT -P providers associated
with the SRT.
L Oversee the activities and lasimmsnce of other taetical physicians associated with the
SRT as identified and agreed upon by the City and the Contractor.
07 1.94
1. Keep informationmgediugdisciplina mm confidenfial unlessrequired to divulge
informefionbylaw.
an. The Physician will participate in Agencytraming sessions related an the Agency's
association with the SRT.
n. The Contactor shall provide and maintain medical supplies as specified by the Physician
for the provision of care far individuals who may be injured on some, including
members of the Agency and the SRT.
o. I)welop protocols for and supply additional mediations fa the tactical EMT -P providers
associated with the SRT as specified by the Physician.
4.Ciw Dutieo. The City shall fulfill the following obligations for the benefit ofthe Contractor: _
a. Tactical EMT -P providers associated with the SRT will not pactice 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 drags and skills to be used by
tactical EMT -P providers associated with the SRT who are operating under the
Physician's medical direction.
c. No tactical EMT -P providers associated with the SRT may practice tactical EMS skills
under the Physician's license without the written aWmoria ng of the Physician.
d. The City will provide the Physician with a two-way handheld radio and page.
e. The City will provide the Physician with all personal protective gear appropriate for on.
scene work equal to that which the City provides to the funded EMT -P providers
associated with theSRT. This includes, but is not limited to: body tumor, Kevlar
Indent, boob, and weather gear.
E The Agency shall supply a drug box containing MEMS approved pre -hospital
medications.
g. The City shall provide or secure an ambulance for use during Agency responses with the
SRL
h. The Physician shall rot bear a firearm.
i. Require tacticalEMT-P providers associated with the SRT to sucoeeafully complete any
turning progams developed by the Medical Director pursuant m Section 3(e) above.
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s. Miscellaneous.
a Notices. Any reties or other comvwucefion by either party to the other shall has in writing and
shall be given, and be deemed m have been given, if mailed, postage prepaid, registered or
certifid most, addressed as follows:
To the City: Bmgw Fre Chief
240 Main Sneet
Bangor, Maine 04401
To Contmdor: ClvefofEmergency Services
Eastern Maine Medical Curter
489 State Sttcet
PO Box 404
Bangor, ME (A,lW 404
Or to such othtt address and to the attention of such other person in officer as either party may
designate byrwtice.
b. No Waiver. Neither the failure by the parties to insist upon strict performance of my
provision ofOsis Agrcemmy nor to exercise a remedy, consequent upon a breach thereof, nor
the acceptance offall wpm iO perfororance dwingthemnfinumce ofmybmach bythe
other, shall mretimte a waive afmyauch breach.
c. Further Instruments or Action Each party agrees then it will exciane and deliver such fw9ser
narrowness and will take such tether action as may be reasonably necessary in order to
effect' vely dischmge or perform or carry out any of the respective obligations and agreements
hereunder.
d.Surrivine Oblieations. Notwithstanding Netmnimtiono£this AgreaamSthepmimshallbe
required to carryout my provisions hereofwhich contemplate performance by apatry
subsequent to such motivation and such termination shah not affect my liability or obligation
which shall have acerued prior to such tamivetim.
e. No Renuirem nt to Refer It is not a proton of this Agreement to induce the refrral of
patents. Thepenties acknowledge that there is no, requirement under this Agreemet or my
other agreement between them that tither party refer patients to the other for products or
services. All consideration bereunders 9 fair market value. No payment under this
Agreement is in return for the refmal of patients, if my, or yr return for the purchasing,
leasing or ordering of my products or services that will be paid for by my federal heattluare
program. The Patties may rota pattens to my person or other parity providing such products
or services consistent with professional medical judgment and the needs and wishes ofrhe
Individual patients.
07 1.9?
f Goveavine Law. This Agceavent shall be constmed and all ofthe rights, powers and liabilities
of the parries hereunder shall be determined in accordance with the laws ofthe State of Maine.
This Agreanent corpora a whole undastendmg of the partes and supersedes all prior oral or
wrinen representations and statements betwcen the pmties.
g. Ameement in its Entirety. This Agreement represents the entirety of the understandings
between dle parties and all understandings have been set forth in the Agreement. No prior
r subsequent understandings of the parties or the agents shall be enforceable under this
Agreement, unless the parties agree thereto in writing.
SIGNED:
CITY OF BANGOR
Name: Date
Title:
EASTERN MAINE, MEDICAL CENTER
J bCt
Name: ? Vale
Title
PHYSICIAN
Nance: Date