Agenda 10/27/2009 Item #16F 4Agenda Item No. 16F4
October 27, 2009
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to approve a Memorandum of Agreement between Collier County
and the Collier County Health Department to coordinate their collective efforts in
providing adult and childhood immunizations, medical direction and enhancement of
community emergency response capabilities.
OBJECTIVE: To obtain approval from the Collier County Board of Commissioners on
an Agreement between the Health Department and the County to establish an
immunization protocol necessary to carry out the provisions of a program for the joint
administration of immunizations, including training, utilization and supervision of
paramedics of the County's Emergency Medical Services Department.
CONSIDERATIONS: As part of this agreement, the Health Department will provide
training to Collier County Emergency Medical Services' (CCEMS) paramedics to achieve
a level of knowledge and technique for the particular immunization being administered.
CCEMS and each paramedic that successfully completes the training will be provided with
documentation from the Health Department that the training was successfully completed.
In addition, the Health Department will provide oversight of paramedics in the
Immunization Program, to include review of policies, procedures, incidents or complaints
related to the performance of the paramedics.
The County, through its Emergency Medical Services (EMS) Department, will implement a
program for its paramedic employees to participate in the Immunization Program. The
County's Office of the EMS Medical Director will work with the Health Department in
establishing immunization protocols and all rules necessary to govern paramedic practices
related to the administration of immunizations.
FISCAL IMPACT: There is no fiscal impact anticipated.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the
County Attorney's Office and is legally sufficient for Board action —SRT.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
resulting from this action.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the Memorandum of Agreement between Collier County and the Collier
County Health Department for an Immunization Program; and,
2. Authorize the Chairman to execute said Agreement.
PREPARED BY: Artie Bay, Supervisor, Emergency Medical Services
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Agenda Item No. 16F4
October 27, 2009
Page 2 of 7
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16174
Item Summary:
Recommendation to approve a Memorandum of Agreement between Collier County and the
Collier County Health Department to coordinate their collective efforts in providing adult and
childhood H1 N1 immunizations, medical direction and
enhancement of community
emergency response capabilities.
Meeting Date:
10/27/2009 9:00:00 AM
Prepared By
Artie Bay
Senior Administrative Assistant
Date
Bureau of Emergency
Services
EMS
10116/2009 12:04:19 PM
Approved By
Jeff Page
EMS Chief
Date
Bureau of Emergency
Services
EMS
10/1612009 12:11 PM
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
10/1612009 1:47 PM
Approved By
Dan E. Summers
Bureau of Emergency Services Director
Date
County Manager's Office
Bureau of Emergency Services
10/16/2009 1:47 PM
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
10/16/2009 4:03 PM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
10119t2009 10:35 AM
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
10119/2009 10:48 AM
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Agenda Item No. 16F4
October 27, 2009
Page 3 of 7
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement is entered into between Collier County, a political
subdivision of the State of Florida, hereinafter called "County" and the Collier County Health
Department, (hereinafter referred to as the "Health Department ") to coordinate their collective
efforts in the following areas: the provision of adult and childhood immunizations, medical
direction, and the enhancement of community emergency response capabilities.
RECITALS
WHEREAS, the Health Department is responsible for providing public health services
within Collier County, Florida; and
WHEREAS, the County is committed to coordinating its efforts with the Health
Department to support healthcare services, emergency care and immunizations to the citizens with
Collier County, Florida.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
hereinafter set forth, the County and the Health Department mutually agree as follows;
A. HEALTH DEPARTMENT'S DUTIES:
1. The Health Department shall assist the County in establishing an immunization
protocol and all rules necessary to carry out its provisions relating to a program for the
joint administration of immunizations (hereinafter referred to as the "Immunization
Program "), which includes governing the training, utilization, and supervision of
paramedics working for the County's Emergency Medical Services department
(hereinafter referred to as "CCEMS "). The Immunization Program shall be in
compliance with Section 401.272, Florida Statutes and Rule 64J- 1.004(5) of the
Florida Administrative Code.
2. The Health Department shall coordinate and/or oversee all training needs both initially
and as needed during the term of this Agreement. The training given shall be
consistent with the type of training given to the Health Department's employees for
the type of immunization that CCEMS paramedic's will be administering under the
Immunization Program. The training provided will result in the paramedics being
proficient with the achieved level of knowledge and technique for the particular
Agenda Item No. 16174
October 27, 2009
Page 4 of 7
immunization being administered. CCEMS and each paramedic that successfully
completes the training will be provided with documentation from the Health
Department that the training was successfully completed.
3. The Health Department will provide oversight of paramedics in the Immunization
Program, to include review of policies, procedures, incidents or complaints related to
the performance of the paramedics. The Health Department reserves the right to
exclude paramedic(s) from immunization administration.
4. The Health Department shall provide coordination of the cooperative effort to ensure
the efficient and effective use of resources and safety practices.
5. The Health Department shall maintain a file on each participating paramedic to
include a copy of the training certificate, health form 1256 listing the paramedics
name, confidentiality statement and paramedic license.
B. COUNTY'S DUTIES:
1. The County, through its Emergency Medical Services (EMS) Department, will
implement a program for its paramedic employees to participate in the Immunization
Program. The County's Office of the EMS Medical Director (hereinafter referred to
as "County EMS Medical Director ") shall work with the Health Department in
establishing immunization protocols and all rules necessary to govern paramedic
practices related to the administration of immunizations. County Paramedics and any
approved County healthcare providers shall function under the direction of the County
EMS Medical Director and the Health Department Medical Director but shall be
employees of the County.
2. All participating paramedics shall complete the required training offered by the Health
Department and shall maintain copies verifying their successful completion of the
Immunization Program, reflected on Health Form 1256, at the County's Emergency
Medical Services offices.
3. Paramedics shall comply with all protocols and procedures relating to immunizations
and services as established and approved by both the Health Department and County
EMS Medical Director.
4. If a paramedic be approved for participation in the Health Department's Immunization
Program, in addition to their normal weekly work schedule, and in accordance with
any applicable collective bargaining agreement, he /she shall be compensated by the
County and not by the Health Department.
Agenda Item No. 16F4
October 27, 2009
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C. MUTUAL AGREEMENT OF BOTH PARTIES:
1. The medical records (Immunization card DH Form 687) of all patients shall be treated
as confidential, so as to comply with all federal, state, and local laws, the Health
Insurance Portability and Accountability Act, as well as all regulations promulgated
thereunder (45 CFR Parts 160, 162, and 164), the Health Departments Rules and
regulations, and all other applicable State privacy laws. The parties herein agree that
each participating paramedic shall sign the Health Department's memorandum of
understanding regarding confidentiality of client information.
2. All activities under this Agreement shall be conducted in compliance with Title VI of
the Civil Rights Act of 1964. No party shall, for reasons of race, color, religious
creed, sex, handicap, national origin or political belief, be subject to discrimination.
3. The Health Department and CCEMS staff shall collaborate and cooperate their efforts
in conducting the Immunization Program under this Agreement.
4. A joint planning and information session shall be scheduled at least once annually.
5. This Agreement shall become effective for a one (1) year term on the date it is fully
executed by the appropriate representatives of the parties herein. This Agreement
shall be renewable automatically yearly unless otherwise terminated by the parties.
6. Each party to this Agreement shall be responsible for all personal injury and property
damage attributable to the negligent acts or omissions of that party and its officials,
agents and employees arising out of, or resulting from, the party's negligent
performance under this Agreement, subject to the limits set forth in section 768.28,
Florida Statute. Neither this provision nor any other in this Agreement shall be
construed as a waiver of sovereign immunity by either party.
7. This Agreement shall remain in effect through the entirety of the term stated in Section
C(5) above, unless terminated by mutual agreement in writing by both parties.
Further, either party may terminate this Agreement by giving at least thirty (30) days
written notice to the other party. This notice shall be delivered by mail with proof of
delivery or in person with a signed receipt acknowledging delivery at the following
addresses:
Collier County EMS Collier County Health Department
8075 Lely Cultural Parkway 3301 Tamiami Trail East, Bldg, H
Naples, FL 34113 Naples, FL 34112
Attention: Attention:
8. CCEMS and the Health Department agree that this Agreement sets forth the entire
agreement between the parties with respect to the administration of immunizations and
that there are no promises or understandings with respect thereto other than those
stated herein. None of the provisions, terms and conditions contained in this
I
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October 27, 2009
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Agreement may be added to, deleted, modified, superseded or otherwise altered,
except by written amendment executed by the parties.
IN WITNESS WHEREOF, the Parties hereto have each caused this Agreement to be
executed by their appropriate officials as indicated below.
Attest:
Dwight E. Brock, Clerk Collier County Board of Commissioners
By:
As Deputy Clerk
First Witness
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Second Witness
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First Witness
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Second Witness
By:
DONNA FIALA, Chairman
By:
ROBERT BOYD TOBER, M.D.
CCEMS Medical Director
Collier County Health Department
By:
JOAN COLFER, M.D., M.P.H.
CCHD Director
Agenda Item No. 16F4
October 27, 2009
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Approved as to form and legal sufficiency;
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Scott R. Teach
Deputy County Attorney