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Agenda 01/28/2014 Item #16K31/28/2014 16.K.3. EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the Chair to execute, the proposed Collier County Emergency Services Medical Director Agreement with Dr. Tober. OBJECTIVE: To enter into a Medical Director's Agreement with Dr. Tober. CONSIDERATIONS: Dr. Robert Tober has served for many years as the County's medical director. A copy of the current agreement with Dr. Tober, as amended, is included in the back up to this item. At the Board's March 12, 2013 regular meeting (Item 1I -F), Commissioner Hiller brought forward a recommendation that the Board of County Commissioners direct staff to prepare solicitations for the positions of County Medical Director and Deputy County Medical Director. The Board directed staff to prepare a Request for Proposals (RFP) for both positions. The Collier County Public Safety Authority reviewed all proposals from interested and qualified consultants in response to the RFP and presented its rankings to the Board on June 25, 2013 (Item I O -G). The Board voted to direct the Chair to negotiate a contract with Dr. Tober as the Medical Director and Dr. Lee as Deputy Medical Director. The Agreement form was taken from Palm Beach County, and modified to comport with the RFP. Both staff and Dr. Tober had substantial input into and are supportive of the proposed Agreement. Should the Board approve this item, the County Attorney will utilize this Agreement as the basis for an agreement for Dr. Lee as Deputy Medical Director. In that the Medical Director will now report directly to the County Manager, it was felt that both the annual performance evaluation and proposed goals of the Medical Director should . be handled by the County Manager, with all performance issues going to the Board of County Commissioners. FISCAL IMPACT: The Agreement calls for a salary of $75,000 per year. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves the proposed Collier County Emergency Services Medical Director Agreement with Robert Boyd Tober, Inc, and authorizes the Chairman to execute same. PREPARED BY: Jeffrey A. Klatzkow, County Attorney Attachments: 1. Current Collier County Agreement with Dr. Tober 2. June 25, 2013 Minutes of the Board of County Commissioners 3. Proposed Collier County Emergency Services Medical Director Agreement Packet Page -879- 1/28/2014 16.K.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.3. Item Summary: Recommendation that the Board of County Commissioners approves, and authorizes the Chair to execute, the proposed Collier County Emergency Services Medical Director Agreement with Dr. Tober. Meeting Date: 1/28/2014 Prepared By Name: NeetVirginia Title: Legal Assistant /Paralegal,County Attorney 1/17/2014 2:24:28 PM Submitted by Title: County Attorney /1-11N Name: KlatzkowJeff 1/ 17/2014 2:24:29 PM Approved By Name: WalkerJeff Title: Director - Risk Management,Risk Management Date: 1/17/2014 3:21:37 PM Name: PriceLen Title: Administrator, Administrative Services Date: 1/21/2014 10:13:04 AM Name: KlatzkowJeff Title: County Attorney Date: 1/21/2014 2:05:11 PM Name: GrafCynthia Title: Applications Analyst,lnformation Technology Date: 1/21/2014 3:23:14 PM Packet Page -880- Name: KlatzkowJeff Title: County Attorney Date: 1/21/2014 3:34:13 PM Name: OchsLeo Title: County Manager Date: 1/21/2014 5:13:36 PM Packet Page -881- 1/28/2014 16.K.3. 1/28/2014 16.K.3. COLLIER COUNTY EMERGENCY SERVICES MEDICAL DIRECTOR AGREEMENT THIS MEDICAL DIRECTOR AGREEMENT made this day of , 2014, by and between ROBERT BOYD TOBER, INC., hereinafter referred to as MEDICAL DIRECTOR, and COLLIER COUNTY, FLORIDA, hereinafter referred to as the COUNTY. WITNESSETH: WHEREAS, the COUNTY is responsible for emergency services in Collier County, Florida; and WHEREAS, Section 401.265, Florida Statutes, requires the COUNTY as a basic and advanced life support service provider to employ a medical director; and WHEREAS, ROBERT BOYD TOBER, M.D., is a duly licensed physician in the State of Florida who is specially trained in the field of emergency medicine; and WHEREAS, the COUNTY and the MEDICAL DIRECTOR are presently parties under a Medical Consultant Contract, and wish to continue their relationship under the terms and conditions set forth below. NOW THEREFORE, in consideration of the promises and mutual covenants hereinafter set forth, the parties hereto agree as follows: ARTICLE 1- SERVICES The MEDICAL DIRECTOR'S responsibility under this Agreement is to provide professional services as Medical Director for COUNTY in accordance with Chapter 401, Florida Statutes and Chapter 64 -J -1, Florida Administrative Code, Rules of the Department of Health, as more specifically set forth in the Scope of Work and specifications detailed in Article 3. ARTICLE 2 — SCHEDULE AND RENEWAL The MEDICAL DIRECTOR shall commence services on the date first written above and complete all services by two (2) years from date written above. This Agreement may be renewed for up to three additional one (1) year terms by the Board of County Commissioners based on satisfactory performance, mutual acceptance and determination that the contract is in the best interest of the COUNTY. The MEDICAL DIRECTOR shall be given one hundred - twenty days (120) notice of the COUNTY's intent to renew the contract or to allow the contract to expire without renewal. Any renewal will be subject to appropriation of funds by the Board of County Commissioners. ARTICLE 3 — SCOPE OF WORK This Agreement is personal to Dr. Tober, and as such the duties set forth herein cannot be delegated or assigned except as- expressly permitted by Chapter 401, Florida Statutes and Page 1 of 9 Packet Page -882- 1/28/2014 16.K.3. Chapter 64 -J -1, Florida Administrative Code, Rules of the Department of Health or as otherwise provided in this Agreement. Exhibit A outlines the specific scope of work and responsibilities of the MEDICAL DIRECTOR. This does not limit duties to the following requirements, which may be subject to revision/addition /deletion upon written agreement by both parties. I ARTICLE 4 — PAYMENTS TO MEDICAL DIRECTOR The COUNTY shall pay to the MEDICAL DIRECTOR the sum of seventy -five thousand ($75,000) per year, as full compensation for the services rendered herein and no other compensation. The COUNTY will pay the cost of the professional liability insurance and reasonable and necessary legal services as set forth below. The MEDICAL DIRECTOR shall not be eligible for any employee benefits other than this compensation. This sum shall be paid to the MEDICAL DIRECTOR in twelve (12) equal monthly payments commencing with the effective date of the Agreement, with each monthly payment being payable by the 100' of each month. On the date that general wage adjustments (i.e., cost of living adjustments, special study pay adjustments, etc.) are granted generally to COUNTY employee, the MEDICAL DIRECTOR'S base salary shall be modified to reflect the general wage adjustment granted to other COUNTY employees. In addition, on each annual anniversary date during the term of this Agreement, including any renewal terms, the MEDICAL DIRECTOR will be entitled to a 5% annual increase upon the written notification to County Manager fifteen (15) days prior to the annual anniversary date and subsequent approval by the Board of County Commissioners, with any increase to be retroactive to the first day after the annual anniversary date. ARTICLE 5 — REPORTING /ANNUAL CONTRACTOR EVALUATION The MEDICAL DIRECTOR shall report to the County Manager or designee for the services as MEDICAL DIRECTOR as more specifically defined in this Exhibit A and as set forth in Section 401.265, Florida Statutes. The MEDICAL DIRECTOR will submit a contractor self - assessment along with proposed goals for the next year on an annual basis to the County Manager or designee no later than the first day of June. The County Manager or designee will review the MEDICAL DIRECTOR's self - assessment and may request an independent evaluation and recommendations from a Board authorized Advisory Board. Any performance issue will be taken to the Board of County Commissioners. An updated contractor evaluation plan may be developed in good faith between the MEDICAL DIRECTOR and the County Manager or designee and adopted prior to October 1" of each year for implementation in the next year. ARTICLE 6 — TERMINATION This Agreement is subject to termination without cause by either party to this Agreement upon sixty (60) days written notice. Such notice shall be forwarded by certified mail to the addresses set forth in Article 19. This Agreement is subject to immediate termination for cause in the event: Page 2 of 9 Packet Page -883- 1/28/2014 16.K.3. (a) MEDICAL DIRECTOR fails or refuses to prosecute the Scope of Work or any severable part, with the diligence that will insure its completion within the time specified by the COUNTY; (b) MEDICAL DIRECTOR violates law, ordinances, rules, regulations or any governmental authority having jurisdiction; (c) MEDICAL DIRECTOR materially breaches any of the provisions of this Agreement. ARTICLE 7 — AVAILABILITY OF FUNDS The COUNTY'S performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the Board of County Commissioners. ARTICLE 8 — INSURANCE A. Coverage is afforded under the COUNTY'S SELF - INSURED RETENTION PLAN and SPECIFIC EXCESS INSURANCE POLICY as follows: SELF - INSURED RETENTION PLAN $300,000 each occurrence SPECIFIC EXCESS INSURANCE POLICY $2,000,000 each occurrence combined single limit Coverage is afforded to the MEDICAL DIRECTOR and DEPUTY MEDICAL DIRECTOR by endorsement. Coverage for back -up physicians shall be subject to the prior approval of the COUNTY's insurance underwriters. B. Additional Malpractice Coverage shall also be afforded by the COUNTY hereunder as has been historically provided by COUNTY to MEDICAL DIRECTOR for activities while riding as crew member of EMS vehicle as required by this Agreement and by State Law. C. The COUNTY reserves the right, but not the obligation, to purchase separate liability insurance on behalf of the MEDICAL DIRECTOR, the Deputy Medical Director and back- up physicians in lieu of providing the coverage as mentioned above. Such insurance will be limited to those matters arising out of this Agreement. D. The requirements contained herein are not intended to and shall not in any manner limit the liabilities and obligations assumed by the MEDICAL DIRECTOR under this Agreement. ARTICLE 9 — REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement shall be held in Collier County. Page 3 of 9 Packet Page -884- 1/28/2014 16.K.3 ARTICLE 10 — CONFLICT OF INTEREST MEDICAL DIRECTOR shall at all times act in the COUNTY'S best interest. Nothing in this Agreement shall be interpreted as preventing the MEDICAL DIRECTOR from operating any other business or being similarly employed with any other emergency medical service which is lawfully licensed by the COUNTY (within Collier County, Florida) and the State. However the MEDICAL DIRECTOR shall not accept any employment or enter into any contractual relationship which would create a conflict between such interest and the performance of its duties hereunder. To that end, the MEDICAL DIRECTOR shall promptly notify the COUNTY'S representative, in writing, by certified mail, of all other prospective employment, business association, interest or other circumstance which MEDICAL DIRECTOR plans to engage in throughout the term of this Agreement. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the MEDICAL DIRECTOR may undertake and request an opinion of the COUNTY as to whether the association, interest or circumstance would, in the opinion of the COUNTY, constitute a conflict of interest if entered into by the MEDICAL DIRECTOR. The COUNTY agrees to notify the MEDICAL DIRECTOR of its opinion by certified mail within thirty (30) days of receipt of notification by the MEDICAL DIRECTOR. If in the opinion of the COUNTY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the MEDICAL DIRECTOR, the COUNTY will so state in the notification and the MEDICAL DIRECTOR shall, at is option, enter into said association, interest or circumstance and it shall be deemed not a conflict of interest with respect to services provided to the COUNTY by the MEDICAL DIRECTOR under the terms of this Agreement. Nothing in this Agreement shall be interpreted as preventing the MEDICAL DIRECTOR, a contractual employee of the COUNTY, from being employed in any other capacity, including, but not limited to the operation of a medical practice, the employment as a staff member of any hospital, or the serving as a MEDICAL DIRECTOR for any other emergency medical service which is lawfully licensed by the COUNTY (if located within Collier County) and the State. Nor shall anything in this Agreement be interpreted as preventing the MEDICAL DIRECTOR from continuing with any employment or other work in which he was already engaged at the time this Agreement was entered, which employment or work includes without limitation employment and work with NCH, The Wound Care Center and The Neighborhood Clinic. ARTICLE 11— DISCLOSURE AND OWNERSHIP OF DOCUMENTS The MEDICAL DIRECTOR shall deliver to the COUNTY'S representative for approval and acceptance, and before being eligible for final payment of any amounts due, all documents and materials prepared by and for the COUNTY under this Agreement. The COUNTY and the MEDICAL DIRECTOR shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law), HIPAA, HITECH, HIPAA Regulations, and any other applicable law relating to records and/or confidentiality of records. To that end, MEDICAL DIRECTOR shall execute the COUNTY's standard Business Associate Agreement. All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including but not limited to any representations made herein relating to disclosure or ownership of documents, shall survive the execution and Page 4 of 9 Packet Page -885- 1/28/2014 16.K.3. delivery of this Agreement and the consummation of the transactions contemplated hereby. ARTICLE 12 — INDEPENDENT CONTRACTOR RELATIONSHIP The MEDICAL DIRECTOR is, and shall be, in the performance of all work services and activities under this Agreement, an Independent Contractor, and not an employee, or servant of the COUNTY. All persons engaged in any of the work or services performed pursuant to this Agreement shall at all times, and in all places, be subject to the MEDICAL DIRECTOR'S sole direction, supervision, and control. The MEDICAL DIRECTOR shall exercise control over the means and manner in which it and its employees, agents, subcontractors, Deputy Medical Director and back -up physicians perform the work, and in all respects the MEDICAL DIRECTOR'S relationship, and the relationship of its employees, agents, subcontractors, Deputy Medical Director and back -up physicians, to the COUNTY shall be that of an Independent Contractor and not as employees or agents of the COUNTY. The MEDICAL DIRECTOR, the Deputy Medical Director and all back -up physicians shall comply with all COUNTY policies concerning conduct and security when performing services hereunder. The MEDICAL DIRECTOR does not have the power or authority to bind the COUNTY in any promise, agreement or representation other than specifically provided for in this Agreement. ARTICLE 13 — LEGAL EXPENSES OF THE MEDICAL DIRECTOR The County agrees to reimburse the MEDICAL DIRECTOR for any reasonable legal expenses and costs incurred by the MEDICAL DIRECTOR in the performance of his duties or resulting from his holding of the Medical Director's position and title, including without 10—N limitation expenses and costs associated with legal opinions or assistance needed in the interpretation, application and compliance with statutes, ordinances and administrative regulations, e.g., Chapter 401, Chapter 119 and F.A.C. 64-J -1, and litigation expenses. ARTICLE 14 — ENFORCEMENT COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own attorney's fees and costs. ARTICLE 15 — AUTHORITY TO PRACTICE The MEDICAL DIRECTOR hereby represents and warrants that he has and will continue to maintain all licenses and approvals required to conduct his business, and that he will at all times conduct his business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the County Manager of designee upon request. The MEDICAL DIRECTOR further represents and warrants that he will continue to maintain the requisite qualifications, knowledge and experience required of a medical director by Section 401.265, Florida Statutes and Rule 64J- 1.004, F.A.C., and any other applicable laws and regulations. ARTICLE 16 — SEVERABILITY If any term or provisions of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Page 5 of 9 Packet Page -886- 1/28/2014 16.K.3. Agreement, or the application of such terms or provisions to persons or circumstances other than I those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 17 — ENTIRETY OF CONTRACTUAL AGREEMENT The COUNTY and the MEDICAL DIRECTOR agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms -and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 18— MODIFICATIONS OF WORK The COUNTY reserves the right to make changes in the Medical Director's Exhibit A Scope of Work, including alterations, reductions therein or additions thereto. Upon receipt by the MEDICAL DIRECTOR of the COUNTY'S notification of a contemplated change, the MEDICAL DIRECTOR shall, in writing: (1) provide a detailed estimate for the increase or decrease in cost due to the contemplated change, (2) notify the COUNTY of any estimated change in the completion date, and (3) advise the COUNTY if the contemplated change shall affect the MEDICAL DIRECTOR'S ability to meet the completion dates or schedules of this Agreement. If the COUNTY so instructs in writing, the MEDICAL DIRECTOR shall suspend work on that portion of his duties affected by a contemplated change, pending the COUNTY'S decision to proceed with the change. If the COUNTY elects to make the change, the COUNTY shall initiate an Agreement Amendment and the MEDICAL DIRECTOR shall not commence work on any such change until such written amendment is signed by the MEDICAL DIRECTOR and approved and executed by the COUNTY Board of County Commissioners. ARTICLE 19 — NOTICE All notices required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the COUNTY'S representative shall be mailed to: Leo E. Ochs, Jr., County Manager 3299 East Tamiami Trail, Suite 202 Naples, FL 34112 And if sent to the MEDICAL DIRECTOR shall be mailed to: ROBERT BOYD TOBER, INC. Collier County Emergency Medical Services 8075 Lely Cultural Parkway, Suite 267 Naples, FL 34113 Page 6 of 9 Packet Page -887- 1/28/2014 16.K.3. ARTICLE 20 — REGULATIONS; LICENSING REQUIREMENTS The MEDICAL DIRECTOR shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, to include those applicable to conflict of interest and collusion. MEDICAL DIRECTOR is presumed to be familiar with all federal, state and local laws, ordinances, codes and regulations that may in any way affect the services offered. MEDICAL DIRECTOR shall keep all required licenses and corporate records current throughout the term of this Agreement, and shall on request provide proof thereof. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, has made and executed this Agreement on behalf of the COUNTY and MEDICAL DIRECTOR has hereunto set its hand the day and year above written. ATTEST: DWIGHT E. BROCK, Clerk By: WITNESSES: Print Name: Print Name: Jeffrey A. County Ai , Deputy Clerk and legality: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LIM TOM HENNING, CHAIRMAN ROBERT BOYD TOBER, INC. Page 7 of 9 Packet Page -888- Robert Boyd Tober, President 1/28/2014 16.K.3. Exhibit A Scope of Work A. Attend at least once quarterly a scheduled emergency medical services meeting where discussions will involve patient care, quality, mandated Paramedic and EMT training, Paramedic requirements, addition or deletion of equipment available to Paramedics and EMT's. Ample notice for all such meeting will be supplied by the County Manager or designee. B. Except during scheduled vacations or personal emergencies, when the Deputy Medical Director or other approved back -up physician shall be available via radio or telephone communication on a 24 hour a day, 7 day per week basis for on line medical control. Notwithstanding anything to the contrary contained herein, MEDICAL DIRECTOR may use reasonable discretion in determining the appropriateness of his response to calls. C. MEDICAL DIRECTOR shall ride as a crew member on an EMS vehicle a minimum of ten (10) hours annually or as otherwise expressly required by state law to evaluate the skills and maintain a working relationship with EMT's, assigned Paramedics, and probationary Paramedics. D. As part of the quality assurance committee, MEDICAL DIRECTOR shall assist the COUNTY with obtaining patient outcome information from local hospitals. E. MEDICAL DIRECTOR shall participate in regular Quality Assurance meetings with Dispatch personnel. F. MEDICAL DIRECTOR shall review and participate in the development of the Dispatch Protocols followed by COUNTY EMS. G. MEDICAL DIRECTOR shall participate in and direct EMS Advanced Cardiac Life Support (ACLS) classes, and shall assist the County and EMS Chief in arranging additional training to meet the needs of the community and the standards of care for the industry. The MEDICAL DIRECTOR shall, upon request of the County Manager or designee, evaluate COUNTY EMT's and Paramedical personnel during training exercises. MEDICAL DIRECTOR shall review and approve the content of EMS training for medical correctness at the request of the County Manager or designee. H. MEDICAL DIRECTOR shall be physically present in the COUNTY EMS Administrative Offices on as needed basis; in order to confer with the EMS Chief and other designated staff. All official meetings attended by the MEDICAL DIRECTOR which have been approved by the EMS Chief, will be recognized as part of the normal job duties of MEDICAL DIRECTOR. As required under Chapter 401, Florida Statutes, and Chapter 64J -1, F.A.C., MEDICAL DIRECTOR shall develop, review and authorize use of ALS and BLS protocols which allow personnel to properly manage medical emergencies. Such protocols shall be specific in nature and shall provide for managing immediately life - threatening medical emergencies. As required by Section 401.265, Florida Statutes, and Rule 64J- 1.004, F.A.C, the MEDICAL Page 8 of 9 Packet Page -889- 1/28/2014 16.K.3. DIRECTOR shall supervise and assume direct responsibility for the medical performance of ,.� all EMT's and paramedics operating for COUNTY EMS, including both ground and aero medical personnel. MEDICAL DIRECTOR shall develop any other protocols as required by Chapter 401, Florida Statutes, or Chapter 64J -1, F.A.C., as they may be amended from time to time. MEDICAL DIRECTOR shall. supervise the implementation and maintenance of a quality assurance program as required by Section 401.265, Florida Statutes and Rule 64J -1.004 F.A.C., to include spot - checking medical reports for completion and correctness. The quality assurance program must cover dispatch, field paramedics, EMT's and Flight Medics. K. MEDICAL DIRECTOR shall review and provide written affirmation of recertification training of COUNTY EMS EMT and Paramedic personnel in accordance with Section 401.2715(3), Florida Statutes. It is understood and agreed between the parties to this Agreement that all of the legal duties and responsibilities of a medical director as set forth in Chapter 401, Florida Statutes, Rule 64J -1.004 F.A.C., and any other applicable laws and regulations, shall remain with the MEDICAL DIRECTOR at all times except during scheduled vacations or personal emergencies, when the Deputy Medical Director or other approved back -up physician shall be available pursuant to and in accordance with Article 3, Paragraph M. L. MEDICAL DIRECTOR shall provide the County Manager or designee with a quarterly report generally describing activities performed, with reference to the requirements of this n Agreement. COUNTY shall provide administrative support in order for the MEDICAL DIRECTOR to meet the obligations of this paragraph. Back -up physicians may be used in lieu of the MEDICAL DIRECTOR and/or Deputy Medical Director upon approval of the County Manager or designee. Back -up physicians, when used, shall meet all of the qualifications for a medical director as set forth in Section 401.265, Florida Statutes, and shall be at no additional cost to the COUNTY. M. MEDICAL DIRECTOR will coordinate the provision of coverage at all times not available during the term of this Agreement; during such times, backup coverage may include the Deputy Medical Director or an approved back -up physician. N. MEDICAL DIRECTOR shall perform all other services required of a medical director, and assume all legal duties and responsibilities of a medical director, as provided by Section 401, Florida Statutes, Chapter 64J -1 F.A.C., and any other applicable laws and regulations, all as may be amended from time to time. O. Medical Director shall be available for consultation with the Director of Emergency Management during activations of the County's Emergency Operations Center or eminent emergency situation to assist in a public health emergency, disaster, pandemic, or mass medical event. Such efforts shall be in coordination with the Public Health Director and not in conflict with public health statutory authority. P. Medical Director shall receive prior approval from the County Manager or designee n preceding any COUNTY communication with the media. Page 9 of 9 Packet Page -890- - 1/28/2014 16.K.3. COLLIER COUNTY EMERGENCY SERVICES MEDICAL CONSULTANT CONTRACT THIS MEDICAL CONSULTING CONTRACT made this I I K day of 2001 by and between ROBERT BOYD TOBER, INC., hereinafter referred to as Consultant, and COLLIER COUNTY, FLORIDA, hereinafter referred to as the County. .. WITNESSETH VVE]EI EAS, the County is responsible for emergency services in COLLIER COUNTY, Florida; and WHEREAS, Emergency Medical Services, (hereinafter "EMS "), are a logical extension of existing health care services performed by the County in the above described geographic area; and WHEREAS, Consultant ROBERT TOBER, MD., a duly licensed physician in the State. of Florida who is specially trained in the field of emergency medicine; and WHEREAS, the County and Consultant have previously entered into a Medical Consulting Contract dated June 18, 1496 which provides for automatic renewal pursuant to certain conditions; and WHEREAS, said conditions have been met for renewal of the contract and the parties hereto manifest their mutual desire to renew same with certain changes contained herein; and NOW THEREFORE, in consideration of the promises and the mutual covenants hereinafter set forth, the parties hereto agree as follows: 1. LICENSE: ROBERT TOBER, M.D. is at the present time a duly licensed physician in the State of Florida and he has agreed to maintain his license in full force and effect during the term of this contract. If for any reason during the term of this Contract, the County no longer contracts with DR. TOBER, or if DR. TOBER should lose his license to practice medicine, this contract shall immediately become null and void. Packet Page -891- 1/28/2014 16.K.3. 2. GENERAL DUTIES: Consultant shall be an independent contractor and shall be directly responsible to the Division Administrator of the Emergency Services Division for the performances of services as Medical Director as more specifically defined in this agreement and as set forth in Section 401 265, Florida Starures. The Consultant shall be responsible for the implementation of such planning and coordination as may be necessary to deliver advanced life support by Paramedics (including EMS and Fire District personnel) trained to the level . of advanced and basic medical technicians, which may require intravenous administration of emergency resuscitative drugs and the performance of sophisticated technical emergency procedures. 3. TERM OF COMMACT: The initial term of this contract shall be from October 1, 2000 to September 30, 2001. The parties agree that the term of the Contract shall be automatically renewed on a yearly basis from October 1, through September 30 with the same n terms, conditions and obligations as set forth herein, unless terminated by County upon sixty (60) days written notice to Consultant. 4. COMPENSATION: The County shall pay to the Consultant the sum of $50,000 per annum, as full compensation for the services rendered herein and no other compensation. The County will pay the cost of the professional liability insurance. The Medical Director shall not be eligible for any employee benefits other than this compensation. This sum shall be paid to the Consultant in twelve (12) equal monthly payments commencing with the effective date of the Contract, with each monthly payment being payable by the 1& of each month. The Consultant will be entitled to a 5% annual increase beginning October 1, 2001 upon written notification by the Emergency Services Administrator by September 150, of each year, beginning on September .15, 2001, .and upon approval by the Board of County Commissioners. 5. PATIENT RECORDS: The County shall make available, within two days of request, any and all medical records, reports, documents and other relevant materials, including V Packet Page -892- 1128/2014 16.K.3. audio and visual tapes requested by the Consultant. This includes all run reports, medical test results, recordings on tape and any other reasonably available similar information. 6. CONFIDENTIAL COMA MCATIONS: Except as may be provided by general law, the County agrees to keep all medical records confidential and allow no communication of records or patient information without a written release from the patient or the Consultant. 7. REPORT: The County agrees to give the Consultant full and detailed reports regarding any case which it reasonably believes has the potential for legal action against the County or its employees pertaining to EMS. 8. DISCIPLINARY ACTIONS: The County agrees to give the Consultant a full written report of any and all Emergency Medical Services personnel who are known to have violated any standing or verbal orders. Consultant shall be given full support for removal of any program participant as provided for in State regulations governing Advanced Life Support Providers. 9. DUTIES ANIi RESPONSTSILITIES OF THE CONSULTANT: a. He shall be from a broad -based medical specialty such as emergency medicine, internal medicine, anesthesiology, or other surgical specialty, with demonstrated experience in pre - hospital care and hold an ACLS certificate of successful course completion or be board certified in emergency medicine. b. He shall demonstrate and have available for review documentation of active participation in a regional or statewide physician group involved in pre- hospital care. c. He shall supervise and accept direct responsibility for the medical performance of the paramedics working for Collier County EMS. d. He shall develop medically correct standing orders or protocols relating to life support system procedures when communication cannot be established with a 3 Packet Page -893- 1/28/2014 16.K.3. supervising physician or when any delay in patient care would potentially threaten the life or health of the patient. e. He shall issue standing orders and protocols to Collier County EMS to ensure that it transports each of its patients to facilities that offer a type and level of care appropriate to the patient's medical condition if available within the service region. f. He or his appointee 'shall provide continuous 24 -hour- per -day, 7-day per_week medical direction which shall include, in addition to the development of protocols and standing orders, direction to Collier County EMS personnel as to the availability of "off -Iine" service to resolve problems, system conflicts, and provide services in an emergency as that terra is defined by section 252.34(3), Florida Statuses. g. He shall establish a quality assurance committee to provide for quality assurance review of all paramedics operating under his supervision. h. He shall audit the performance of system personnel by use of a quality assurance Program that includes but is not limited to a prompt review of patient care records, direct observation, and comparison of performance standards for drugs, equipment, system protocols and procedures. He shall be responsible for participating in quality assurance programs that may be developed by the department. i. He shall ensure and certify that security procedures of the Collier County EMS for medications, fluids and controlled substances are in compliance with chapters 40I, 499 and 893, Florida Statures, and chapter IOD-45 of the Florida Administrative Code. j. He shall create, authorize and ensure adherence to, detailed written operating procedures regarding all aspects of the handling of medications, fluids and controlled substances by the EMS personnel and comply with all requirements of chapters 401, 499 and 893, Florida Statutes. 4 Packet Page -894- 1/28/2014 16.K.3. lc. He shall notify the Florida Department of Health, (hereinafter the "Department') in writing when the use of telemetry is not necessary. 1. He shall notify the department in writing of each substitution by Collier County EMS of equipment or medication. m. He shall assume direct responsibility for the use by a Collier County paramedic of an automatic or semi - automatic defibrillator and the performance of esophageal incubation, and on routine interfacilty transports, the monitoring and maintenance of non - medicated IN.s. He shall ensure that the paramedic is trained to perform these procedures; shall establish written protocols for the performance of these procedures; and shall provide written evidence to the department documenting compliance with the provisions of this paragraph. n. He shall ensure that all paramedics arc trained in the use of the trauma scorecard methodologies as provided in sections 64E -2.017 of the F.A.C., for adult trauma patients and 64E- 2.0175, F.A.C., for pediatric trauma patients. o. He shall participate as a crewmember on an EMS vehicle for a minimum of 10 hours per year and complete a mtinimum of 10 hours per year of continuing medical education related to pre - hospital care or teaching or a combination of both. p. He shall ensure that aU Collier County paramedics have all proper certifications and receive all training necessary to maintain their certification. 10. ADDITIONAL DUTIES: Consultant shall also be responsible for assisting in the following additional duties: a. Consultation in the planning for Emergency Medical Services Department to be provided by the County, including the design of vehicles, equipment, supplies, distribution resources, emergency medical services personnel training and medical policy, protocol, planning and development. B Packet Page -895- 1/28/2014 16.K.3. b. Consultation in the coordination of training of paramedical personnel, including the determination of training criteria for certification. c. Organizing, coordinating and participating as an instructor in the in- service education programs and quality control of the patient care in day - today delivery of emergency medical services by the County. d.' Serving as a liaison between the County and the appropriate community hospitals, medical societies, practicing physicians and training facilities in the area. e. Providing such assistance as may be required in the preparation and administration Of any grant programs for the establishment and improvement of the system. f. All duties outlined in Rule 64-E Florida Administrative Code for Emergency Medical Services Medical Director that am not specifically set-forth herein and as may be changed from time to time by the department.. n g. He shall keep adequate records and supporting documentation, which concern or reflect his services under this Contract. h. Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. 11. LIABILITY AND REMEDIES IN BREACH OF CONTRACTS: It is recognized that the provision of advanced life support services requires that the County have a Medical Director. Accordingly, the Consultant shall not refuse to perform these services during the terms of this Contract so long as it is able to so perform, and the County shall have the right to specific performance of the provisions of this contract. In addition, the Consultant shall be liable to the County for his unreasonable failure or refusal to perform the services required hereunder. 6 Packet Page -896- 1/28/2014 16.K.3. No modification, or change- in this Agreement shall be valid or binding upon the parties, unless in writing, and executed by the party or parties intended to be bound by it. Unless otherwise specified, the laws, rules and regulations of the Stare of Florida shall govern this Agreement. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida State Court in Collier County, Florida. 12. CONFLICTING EMPLOYIt+IENT OR CONTRACTUAL, NS Nothing in this Contract shall be interpreted as preventing the Consultant from operating any other business or being similarly employed with any other emergency medical service that is lawfully licensed by the County (within Collier County, Florida) and the State. However the Consultant shall not accept any employment or enter into any contractual relationship that would create a conflict between such interest and the performance of its duties hereunder. Nothing in this Contract shall bc interpreted as preventing the Consultant, a contractual employee of the County, from being employed in any other capacity, including, but not limited to the operation of a medical practice, the employment as a staff member of any hospital, or the serving as a medical director for any other emergency medical service which is lawfully licensed by the County (if located within Collier County) and the State. 13. SUCCESSOR: The Contract shall be binding upon the successors of the County. This Contract shall not be assignable by ft Consultant. 14. TERMINATION: This Contract may be terminated by either party, with or without cause, upon sixty (60) days written notice to the other party of such party's intention to terminate the Contract. 16. PRO - RATIONS UPON TERMINATION: In the event of the termination of this Contract, the Consultant's compensation due under Paragraph 4 shall b4 prorated on the basis Packet Page -897- 1/28/2014 16.K.3. of the - number of days elapsed from the effective date of the Contract, divided by three hundred sixty -fi vc (365). 16. MANUALS: All manuals of procedure and instructional material, which are created or prepared by the Consultant, shall be and remain the property of the Consultant. 17. ADDTI` ONAL LICENSES: Consultant agrees to obtain and maintain throughout the period of this Agreenient, all such licenses as are required to do business by the Consultant in the State of Florida and in Collier County, Florida, including, but not limited to, all Iicenses required by any State Boards or other Governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the Consultant, pursuant to this Agreement. I8. INSURANCE: The County shall, pay for, and maintain, during the Iife of this agreement, professional liability n insurance. Collier County shall be named as an additional insured on the certificate of insurance for the policy. /1-N 8 Packet Page -898- 1/28/2014 16.K.3. IN WITNESS WHEREOF, the parties have executed this agreement as of the date first written above. ti WIG M DHT.F tBR09K, CLERK of CbVm 'Attest '+li. t0 Cha#ruan's siymatW* only. Witnessed b : Approved as to form and Legal Sufficiency: r CQUtLINE HUB ARD ROBINSON ssistant County Attorney WjukidEMS ContmeVroba McdicM Contact MD1- Revised BOARD OF COUNTY COMNOSIONERS OF COLLIER COUNTY, FLORIDA ROBERT BOYD TOBER, INC. BY: L,�Iz (/9 W ROBERT BOYD TOBER, PRESIDENT Packet Page -899- 1/28/2014 16.K.3. i w r C -� - 6 K 2 W rr FIRST AMENDMENT TO COLLIER COUNTY EMERGENCY SERVICES �. MEDICAL CONSULTANT CONTRACT a Li, W 5 Ln This First Amendment to the Collier County Emergency Services Medical Consultant Contract ( "Amendment') is made this 14th day of October, 2008, by and between Robert Boyd Tober, Inc. ( "Consultant "), and Collier County, Florida ( "County"). WHEREAS, by agreement dated September 1, 2001, the parties entered into a Collier County Emergency Services Medical Consultant Contract ( "Agreement'), a copy of which is attached to this Amendment; and WHEREAS, at a regularly noticed public meeting on September 23, 2008, the Board of County Commissioners directed that the Agreement be amended to authorize the Consultant to be directly responsible to the Board of County Commissioners; and WHEREAS, the parties believe that such an amendment is in the interest of health, safety and welfare of the citizens of the County. NOW, THEREFORE, the parties hereby amend Paragraph 2 of the Agreement as follows: "Consultant shall be an independent contractor and shall be directly responsible to the Board of Cgm= Commissioners of Collier County, Florida for the performances of services as .Medical Director as more specifically defined in this agreement and as set forth in Section 401, Florida Statutes... " Except as specifically set forth herein, all other terms and conditions of the Agreement remain in full force and effect. IN WITNESS THEREOF, the parties have executed this First Amendment to the Agreement as of the date first written above. Page 1 of 2 �_^ "7 =lbc/ Packet Page -900- P*I(WT.E;BRf.C] 1-i" ,-, " Approval as to form and legal sufficiency: I _ Je ey A. KI kow County Attorney 08- mA- 00127/2 ROBERT BOYD TOBER, INC. ROBERT BOYD TOBER, PRESIDENT BOARD OF COUNTY COMMISSIONERS OF COLLIER 0 T FLORIDA By: TOM HENNINC, CHAIRM Page 2 of 2 Packet Page -901- 1/28/2014 16.x.3. 16K2 r ---- 1/28/2014 16.K.3. 16E g SECOND AMENDMENT TO COLLIER COUNTY EMERGENCY SERVICES MEDICAL CONSULTANT CONTRACT This Second Amendment to the Collier County Emergency Services Medical Consultant Contract ( "Amendment ") is made this _Q(2 _Nay of 2009, by and between Robert Boyd Tober, Inc. ( "Consultant ") and Collier Co y, Florida ( "County "). WHEREAS, by Agreement dated September 1, 2001, the parties entered into a Collier County Emergency Services Medical Consultant Contract ( "Agreement "), a copy of which is incorporated herein by reference; and NOW, THEREFORE, the parties hereby amend the Agreement to add Item 19, EXPENSES, as follows: 19. EXPENSES. County shall pay expenses for Dr. Tober, and /or his assistant related to County business, to include, but not be limited to, mailings, office supplies, training, education, seminars, lodging (actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night), air travel (actual ticket cost limited to tourist or coach class fare), and rental car (actual rental cost limited to compact or standard -size vehicles). Except as specifically set forth herein, all other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Second Amendment to the Agreement as of the date first written above. TW TNESSES T WIT S Type /Print Name SEWRO W/IIT'NESS Type /Print Name CONSULTANT: ROBERT BOYD T921ER;1I1C .-I By: Robert Boyd Tober, President Packet Page -902- 1/28/2014 16.K.3. 16E g Date: %ulic� 2� Z tx� OWNER: ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. ,qP COLLIER COUNTY FLORIDA CLERK Ort.'COURTS , By _C Dated` BY: (s�AQ V Donna Fiala, Chairman Attest 1w 4 S f on&t *t 00 .1 Approved As To Form a d Legal Sufficiency: County Attorney 477 Print Name: ! %twcj.ti Packet Page -903- 1/28/2014 16.K.3. IN THIRD AMENDMENT TO COLLIER COUNTY EMERGENCY SERVICES MEDICAL CONSULTANT CONTRACT THIS THIRD AMENDMENT to the Collier County Emergency Services Medical Consultant Contract is made this 13th day of November, 2012, by and between Robert Boyd Tober, Inc. ("Consultant "), and Collier County, Florida ( "County "). WHEREAS, by agreement dated September 1, 2001, the parties entered into a Collier County Emergency Services Medical Consultant Contract, a copy of which is attached hereto, together with the First Amendment dated October 14, 2008, and the Second Amendment dated May 26, 2009 (collectively referred to as the "Agreement"); and WHEREAS, at a regularly noticed public meeting on October 9, 2012, the Board of County Commissioners directed that the Agreement be amended to provide for annual performance evaluations; and WHEREAS, certain clarifications are recommended as it relates to compensation upon termination; and n WHEREAS, the parties believe that such amendments are in the interest of health, safety and welfare of the citizens of the County. NOW, THEREFORE, IN CONSIDERATION of the mutual promises and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, it is agreed that: 1. Paragraph 15 of the Agreement is hereby amended as follows: 15. nRQ RAPO '1S —obi TEMHN 4i on COMPENSATION UPON TERMINATION: In the event of the termination of this Contract, the Gem= effeefi-m date of the Gentrae4; divided Consultant shall be paid only for services rendered in accordance with this Contract. Compensation due for any partial month's services will be at a daily rate determined by dividing the annual contract rate by three hundred sixty - five (365). 2. Paragraph 20 is hereby added to the Agreement as follows: �1 Words Swaele :Ama h are deleted; Words Underlined are added I Packet Page -904- 20 ANNUAL PERFORMANCE EVALUATION 1128/201416.x.3. raw The Consultant will RE=m as gdormance self - assessment along with proposed goals for the next year on an annual basis and submit this evaluation to the Public Safety Authority (PSA) no later than the first day of June The PSA will review the Consultant's self - assessment and will make an indevendent performance evaluation and recommendations. which the PSA will forward to the Board of County Commissioners no later than the first & ' o� f July. The Commissioners will review both the Consultant's self- assessment and assessment. PSA review and recommendations and the individual Conunissioners' evaluations as an agenda item on the last re -gWar meeting in July. The Commissioners evaluation elan may be developed in good faith between the Consultant and the County and adopted by the County prior to October I`t of each year for implementation in the next yam• 3. Except as expressly provided herein, the Agreement, as amended, remains in full force and effect according to the terms and conditions contained therein. IN WITNESS WHEREOF, the Consultant and the County have executed this Third Amendment to Collier County Emergency Services Medical Consultant Contract as of the date BOARD OF COUNTY COMMISSIONERS Clerk COLLIER COUNTY, FLORIDA By: A*.tKt;.a!f:.{k�f`{i.` >aeputy 1 FRED W. COYLE, H WITNESSES: ROBERT BOYD TOBER, INC. By: Print Name: Robert Boyd ob , esident Print Name: form and legal sufficiency: Packet Page -905- 1/28/2014 16.K.3. June 25, 2013 Imrnokalee is doing. CHAIRWOMAN HILLER: It's okay. It's not on the agenda. COMMISSIONER HENNING: Brad, you can talk to Commissioner Fiala. MR. MUCKEL: I'll be happy to. CHAIRWOMAN HILLER: Let me -- again, I don't want to turn this into a discussion, because I did commit that we would terminate at 12:15 in order to be back, because we do have a 1:30 time - certain, and there will be quite a few people attending. Again, it should be publicly noticed. It should be included in the backup so that the community has the opportunity to review it. Let's schedule it for sometime in the fall, and then it will be an interim report looking forward to a final report in January or February. And with that, we're going to conclude for now to take a lunch break, and we will be back at 12:15 (sic) -- I'm sorry, 1:15, and we have a time - certain at 1:30. �-. (A luncheon recess was had.) MR. OCHS: Madam Chairman, you have a live mike. CHAIRWOMAN HILLER: This meeting is called back to order. County Manager? W Item #1 OG ACCEPTING THE RANKINGS FROM THE COLLIER COUNTY PUBLIC SAFETY AUTHORITY REQUEST FOR PROPOSALS (RFP) #13 -6081 MEDICAL DIRECTOR AND DEPUTY MEDICAL DIRECTOR AND DETERMINE FINAL ACTION. — MOTION DIRECTING THE CHAIRWOMAN TO NEGOTIATE A CONTRACT WITH DR. TOBER AS THE MEDICAL DIRECTOR AND DR. LEE AS THE DEPUTY MEDICAL DIRECTOR — APPROVED Page 113 Packet Page -906- 1/28/2014 16.K.3. June 25, 2013 MR. OCHS: Yes, ma'am. You have a time - certain 1:30 p.m. hearing. It is Item 10G on your agenda. It is a recommendation to accept the rankings from the Collier County Public Safety Authority for Request for Proposal 13 -6081, medical director and deputy medical director, and for the board to determine subsequent action. CHAIRWOMAN HILLER: Thank you. Before we get started, County .Attorney, can you clarify for the board what action we're taking so there is no misunderstanding. You know, obviously there's a difference between the action we're taking today and the subsequent action, which is contract related. MR. KLATZKOW: Well, you're being asked to accept, you know, the results that occurred with your board, and then to take whatever action you feel appropriate. If you decide to go with the -- I'm not sure I'll call it a recommendation. But if you decide to go a different route with your director, you can't hire him here. You would have to, in essence, appoint one of you to negotiate a contract, see if you can come to terms, and then bring that contract back for a public hearing and discussion and a potential vote. CHAIRWOMAN HELLER: So the decision here today is not a final decision but the first in a two -step process. The first is the selection of the candidate for medical director and the selection of the candidate for the deputy medical director, and then at a subsequent meeting a negotiated contract for each of those positions will be presented to the board for approval. MR. KLATZKOW: Assuming that you can get into a contract. CHAIRWOMAN HILLER: Negotiation. MR. KLATZKOW: Negotiation, yes. CHAIRWOMAN HILLER: But that there's a meeting of minds. MR. KLATZKOW: Yes. CHAIRWOMAN HILLER: So we're not actually hiring Page 114 Packet Page -907- 1/28/2014 16.K.3. June 25, 2013 anybody here today. MR. KLATZKOW: No, you're not hiring anybody today. CHAIRWOMAN HILLER: Okay. Thank you. How many public do we have? MR. MILLER: We have 10 registered speakers. CHAIRWOMAN HILLER: What's the pleasure of the board? Would the board like to hear the public speakers first before we get into any discussion? COMIVIISSIONER FIALA: Yes. CHAIRWOMAN HILLER: So let's go ahead and begin with the public speakers. MR. MILLER: Your first public speaker is Eric Eskioglu. He'll be followed by Edward Morton. My apologies on the pronunciation of your last name, sir. DR. ESKIOGLU: No problem, no problem. Good afternoon, Commissioners. Dr. Eric Eskioglu. I'm the medical director of the only comprehensive stroke center in Southwest Florida, and I would like the commissioners to take in the recommendations of the Public Safety Authority, which is made up by a lot of smart citizens and also medical professionals. And we are all -- I'm asking -- and this is for me and my patients -- is we'd like to have an EMS director that is fair and that is not tied to any interests or any hospital at this point. Thank you so much. CHAIRWOMAN HILLER: And the recommendation of the PSA, for the record -- County Attorney, would you like to give us the results of the PSA recommendation for the benefit of the public that might not have had the opportunity to view the hearing or, I should say, the interviews and the vote by the PSA? MR. KLATZKOW: Give me one second. MR. OCHS: Commissioner, I can do that if you'd like. I have it in front of me. /11� Page 115 Packet Page -908- 1/28/2014 16.K.3. - June 25, 2013 CHAIRWOMAN HILLER: Sure, of course. MR. OCHS: Yes, ma'am. There were two candidates interviewed for the medical director position. Dr. James Augustine received seven first -place rankings by the Public Safety Authority members present, and Dr. Robert Tober received six first -place rankings. CHAIRWOMAN HILLER: So to summarize, the Public Safety Authority has recommended Dr. Augustine as the -- MR. OCHS He was ranked No. 1 among medical - director candidate. Dr. Tober was ranked No. 2. CHAIRWOMAN HILLER: Out of two candidates? MR. OCHS: Out of two candidates, yes, ma'am. And then -- CHAIRWOMAN HILLER: For the position of medical director? MR. OCHS: That's correct, Madam Chair. And then for the position of deputy medical director, there were three candidates, and the committee ranked Dr. Jeffrey Panozzo as the No. 1 ranked deputy medical director candidate; Dr. Richard Judah was ranked second; and Dr. Douglas Lee was ranked third by your Public Safety Authority for deputy medical director candidate. CHAIRWOMAN HILLER: Thank you. And that's for the benefit of the public so they know what the result of the PSA are, which we are being asked to approve. MR. MILLER: Your next public speaker is Edward Morton. He'll be followed by Dennis Hidlebaugh. MR. MORTON: Good afternoon. For the record, Edward A. Morton. I speak here today on behalf of Dr. Robert Tober. I was a former member of the PSA but could see clearly the political intrigue that has intervened into what otherwise should have been a very objective process. I felt that the sophistry that was being practiced had undermined the process to the extent that an objective decision could never be Page 116 Packet Page -909- 1/28/2014 16.K.3 3une 25, 2013 raised or could never be made. I think the politics are very obvious. The editorial in the newspaper called very clear attention to that. And I am here to give my unequivocal support to Dr. Tober. The reason why I withdrew from that process, which that vote would have been, incidentally, 7 -7, was to bring attention to the fact that this process has become corrupted, and it needed to be brought to the attention of people that -- someone who has put the kind of effort that Dr. Tober has placed into this community for 30 years, and to see his integrity called into question warranted, I think, someone taking a stand and taking a position in defense of his integrity and his commitment to this community. So without any further ado, I would like to give my unconditional support to Dr. Robert ,Tober. Thank you. MR. MILLER: Your next speaker is Dennis Hidlebaugh. He'll be followed by Janet Vasey. MR. HIDLEBAUGH: I'm Dennis Hidlebaugh. I'm chief of staff, Physicians Regional Healthcare System. I'd like to make two points. The first point is that the recommendation by the Collier County Medical Society president recently to the commissioners is incorrect. The rank -and -file members of the Collier County Medical Society and the board did not review this recommendation, and the rank- and -file members did never -- did never have a vote for that recommendation. So I would like to -- my medical staff would like to counter the president of the Collier County Medical Society's recommendation. And that No. 2 is that we recommend that the PSA recommendation should be followed. Thank you. CHAIRWOMAN HILLER: Meaning you're -- what are -- state for the record who you are supporting so there's no ambiguity in the interpretation. MR. HIDLEBAUGH: Dr. Augustine. Page 117 Packet Page -910- .. 1/28/2014 16.K.3. June 25, 2013 CHAIRWOMAN HILLER: And for deputy? MR. HIDLEBAUGH: Dr. Panozzo. CHAIRWOMAN HILLER: Thank you. MR. MILLER: Your next public speaker is Janet Vasey. She'll be followed by Doug Fee. MS. VASEY: Good afternoon, Commissioners. Janet Vasey for the record. While I'm a member of your Public Safety Authority, I am speaking for myself today. I have serious concerns regarding Dr. Augustine's suitability as Collier County medical director. He is currently medical director for four or five organizations in Ohio and Georgia, and he teaches in Ohio. And my question is, will he be available 2417 to Collier County EMS? Your own performance requirement for the EMS medical director evaluation states, and I quote, county medical director or his appointee shall provide continuous 24/7 medical direction to resolve problems, system conflicts, et cetera. This is what we're used to with Dr. Tober and Dr. Lee, and this is what we expect in Collier County; people doing our job. To accept less would reduce our current award- winning EMS service. Dr. Augustine also had serious training deficiencies during his tenure as medical director of the DC fire and EMS. Paramedic training and excellent performance should be job one for a medical director, yet nine months after Dr. Augustine's arrival in DC, 92 of 95 paramedics failed an independently administered test by the University of Maryland using national standards for entry -level paramedics. In Collier County we expect paramedic training that is second to none, and we get it. Dr. Tober requires his paramedics to pass rigorous one -on -one testing with him personally before they are accepted as Collier County EMS paramedics. Anyone surviving this Page 118 Packet Page -911- 1/28/2014 16.K.3. June 25, 2013 process is considered Toberized. Patient care comes first in Collier, and poorly trained paramedics do not come in contact with EMS patients under Dr. Tober's leadership. Dr. Tober's been an excellent EMS medical director and should continue in that capacity. Under his leadership, Collier County EMS has been identified best in the state and best in the nation. And just six months ago, EMS received national accreditation, a feat achieved by only 150 EMS systems in the entire U.S. Dr. Tober has received numerous honors. He's been Physician of the Year several times. He's one of the top 10 innovators in EMS per the Journal of Emergency Medical Services, he has a Lifetime Achievement Award in emergency medicine, and EMS Medical Director of the Year for the State of Florida. You clearly have the best medical director in Dr. Tober. Please allow him to continue providing us world -class service. Thank you very much. MR. MILLER: Your next speaker is Doug Fee. He'll be followed by Jim Gibson. MR. FEE: Waive. MR. MILLER: Doug Fee will waive. Jim Gibson will be followed by Carlos Portu. MR. GIBSON: Madam Chair, Commissioners, Jim Gibson, for the record. I'm not a particularly articulate speaker, but I do feel strongly about the need to retain Dr. Tober. Perhaps my best course is to cite briefly from the Naples Daily News editorial of June 23rd entitled, "Keep skilled medical leadership at the helm of Collier County EMS." For the past 35 years, Collier EMS has had Dr. Tober at the helm of its medical policies and practices. In that time, under Dr. Tober's leadership, Collier EMS has earned national and statewide honors for excellence and pioneering with strokes and heart attacks. Even when Page 119 Packet Page -912- 1/28/2014 16.K.3. -- June 25, 2013 the ratings involved surprise visits by outside regulators, Collier EMS excelled. All the extraneous issues surrounding this retention question aside, the sole issue in question should be public health and safety. The title of the position in question is medical director. Medical director. That is Dr. Robert Tober. Thank you. MR. MILLER: Your next public speaker is Carlos Portu. He'll be followed by George Dawz (sic). DR. PORTU: Thank you, Commissioners. For the record, Dr. Carlos Portu. I want to thank you all for the opportunity to address you today on a topic that truly, I think, impacts the health and well -being of many of our residents here in the county, myself being one of them. I was recently upset and dismayed at the letter of support sent to both you and the Naples Daily News by Dr. Pagliaro, presumably on behalf of the entire Collier County Medical Society membership. My disappointment stems from the fact that at no point at any time during my last three years participating in the Collier County Medical Society has there ever been an open discussion about our county's medical director or his ability to actively and appropriately perform his job duties. I consider myself rather involved in the medical community. I have a large medical practice. I'm on the board of directors for a 60- physician group in Collier County. I chair the department of medicine for one of our two healthcare systems within the community, and I like to participate in our civic duties, yet at no point was this a discussion that was ever brought up as part of the medical society. No emails, no online poll, no phone call, no mention of the issue until this letter of supposed support was sent to the news press. Needless to say that the statement of Collier County Medical Society was more the opinion of a few board members or a president as opposed to that of our physician community. Page 120 Packet Page -913- 1/28/2014 16.K.3. June 25, 2013 Quite frankly, I respectfully disagree. From the perspective of a physician who has worked hard to expand our healthcare system throughout the community bringing quality, affordable and effective healthcare to thousands of people, many of whom inhabits part of our community that is not particularly well served by different parts of our healthcare system, I found Dr. Tober as a medical director to be a very poor choice. He has been nothing but an obstacle in our quest to bring innovative services, lines, and nationally recognized care to our county. Of what benefit is a leader who creates divisiveness and strife without -- doing very little to expand quality services in our community? I think the testimony you've heard so far is pretty obvious what the issue is, is that here's an individual, though rightfully probably qualified, creates a divisive atmosphere that doesn't lead to a cohesive n healthcare community, and it's something that's very important going forward, particularly given the challenges that we'll be facing as a country in the healthcare system. So I'd encourage you to think of all the perspectives here, not just necessarily the resume of one particular candidate versus another. Okay. Thank you. CHAIRWOMAN HILLER: Thank you. MR. MILLER: Your next speaker is George Dawz (sic). He'll be followed by Ron Myers. MR. DANZ: Madam Chair, Commissioners, my name is George Danz. I'm a citizen, 813 Charlemage Boulevard. I'm retired from Broward County where I served as director of emergency services for many years and also director of the Broward County Trauma Agency. I am not a member of the public safety committee, but I have attended all of their meetings, and I have been impressed with their process. Dr. -- or Mr. Morton brought up about if he had stayed on, there Page 121 Packet Page -914- 1/28/2014 16.x.3. i June 25, 2013 would have been a 7 -7 vote. The process is not perfect, but I think you have a rounded group of individuals there that are interested, involved in EMS in Collier County and have a lot of expertise. I think there's several members of Collier EMS who work directly for Dr. Tober, and I guess if I was on that committee and worked for Dr. Tober, I would certainly know how I would express my views and vote in that open public meeting. However, I think you've got a good system. I think you have a good committee, and I think you ought to take the recommendation of the public safety committee, or either disband the committee, either one. CHAIRWOMAN HILLER: So you're recommending Dr. Augustine and Dr. Panozzo? MR. DANZ: Yes, ma'am. CHAIRWOMAN HILLER: Thank you. MR. MILLER: Your next speaker is Ron Myers. He'll be followed by Mike Murphy. MR. MYERS: Madam Commissioner and Commissioners, I'm a full -time resident, fairly new to the island. CHAIRWOMAN HILLER: Could you state your name for the record. MR. MYERS: Ron Myers. CHAIRWOMAN HILLER: Ron Myers. Thank you. MR. MYERS: I moved here a year and a half ago. And I spent most my life in the private ambulance sector. And I'm a former president of the Ohio Ambulance Association, the American Ambulance Association, and I've spent three years on the governor's EMS Advisory Board in Ohio with Dr. Augustine. I'm here to endorse him. I've worked with him. He is absolutely fantastic. And my observations about how this county system's going -- I've been in 25 systems, I sold our company -- my partner and I had two large companies, one in Houston, Texas, and Northeast Ohio -- to Page 122 Packet Page -915- 1/28/2014 16.K.3. June 25, 2013 a national consolidator, and I went into several other companies to look around, and this is really a franchise model here, exclusive, without a competitive bid. And part of the things that I hear are routing of patients and concerns over fairness of distribution of patients. Dr. Augustine, I endorse. He has no affiliation with either hospital. And one of the criticisms, I heard he's not available. He said he would give up some of his other responsibilities to stay here. I appreciate it. CHAIRWOMAN HILLER: Thank you. MR. MILLER: Your next speaker is Mike Murphy. He'll be followed by Nancy Lascheid. MR. MURPHY: Good morning, Honorable Commissioners and general public. My name's Mike Murphy. I'm the fire rescue chief on Marco Island, and I'm also a member of the PSA for disclosure reasons. First off, I am very proud of the volunteer advisory boards that you've created in this county, and I've had the opportunity, and a number of citizens, to serve on those boards. And we take it very seriously. We dedicate a lot of time. It's a difficult process, and this question was very difficult in reference to, again, politics and everything else aside. I think the process that the board went through and vetted -- and we vetted the process, sent it back to you and brought it back to the board again. The process they went through was to be -- is and should be respected. That board did take the time, they answered the tough questions, the candidates took the time, they came before you, or it came before us. We went through that entire process, and it was difficult, it was informative, and a selection was made. This candidate is one of three candidates, I believe, that are direct reports to you. The office of the medical director answers directly to the County Commission. And as we went through that process, we, as Page 123 Packet Page -916- 1/28/2014 16.K.3. June 25, 2013 the receivers and the people out there, actually tried -- who use the services, tried to get all the questions that you might not have all the technical knowledge to ask and get it on the board and get it on record. The candidates that went through it, I think there was a -- that direct process -- we went through the interview. You need to find out how this person fits with your philosophy, each one of you individually, over the next five years; you need to give the process the respect that it has, and take the selection, interview the candidates, ask them what they want for the next five years. You're talking a potential five -year contract, and it shouldn't be based upon, oh, what have we done in the past or some negative comments somebody says, but it's how this person aligns with your goals and your objectives and what you think and expect that person to do over the next five years. I really believe -- I think it's disrespectful, number one, to the PSA, to not at least recognize the list that they came up with. It was vetted, it was argued, it was discussed, and the candidates were rated just in accordance to what you had asked, and we did that. And then I think you need to take the time to interview these individuals, and that selection, you need to choose the leader of who you want to take this system even further over the next five years. There's changes in Medicare, Medicaid, there's billing. And the last thing I'd like to say is, state law indicates that a medical director acts as a liaison to EMS, training agencies, and emergency rooms and emergency facilities. And who is that person that you would like to have sit in that position? CHAIRWOMAN HILLER: May I ask how you voted on the PSA? MR. MURPHY: I voted for Dr. Augustine and Dr. Panozzo. CHAIRWOMAN HILLER: Thank you. MR. MILLER: Your next public speaker is Nancy Lascheid. She'll be followed by Erica Henson. MS. LASCHEID: Thank you. I'm Nancy Lascheid, and I am a Page 124 Packet Page -917- 1/28/2014 16.K.3. June 25, 2013 nurse. I am here representing myself and my husband to speak to the credibility and skill level of Dr. Tober. I've worked with him now for 15 years side by side, and I've been with him in emergency situations for our patients at the Neighborhood Health Clinic. I strongly endorse Dr. Tober to continue as your medical director. I understand you wanted to look to see what was out there. You looked. It doesn't get any better. I encourage you to select Dr. Tober and Dr. Lee. Thank you. MR. MILLER: Your final public speaker is Erica Henson. MS. HENSON: Good afternoon. My name is Erica Henson. I'm a lifelong Collier County resident, a lifelong Neapolitan, a nurse with 35.years of experience in critical care and emergency care, and I'm here to endorse Dr. Tober. As some of you know, I really dislike public speaking, so I'll make it brief. This is not a public decision that should be made lightly. It should not be made on politics. It should not be made on who's friends with somebody. It's not first grade. It's not dodge ball. We don't pick our friends; we pick the best candidate. Dr. Tober and I have not always agreed on everything, but I believe he is truly the best candidate for Collier County. He's brought lifesaving medicine to Collier County, which stressed me out as an ER nurse, so that we could go on the forefront of modem medicine with clot- busting medicines here in the middle of Naples, Florida. So my endorsement is for Dr. Tober, and I thank you for letting me have the opportunity to address you today. CHAIRWOMAN HILLER: Thank you. MR. MILLER: That was our final public speaker. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: Well, I read something different in the Florida Statute than Chief Murphy does. The medical director /1'_` Page 125 Packet Page -918- 1/28/2014 16.K.3. June 25, 2013 must supervise and assume direct responsibility for the performance of emergency medicat technicians and paramedics operating for that emergency medical system, and this being EMS. So, you know, he's going to train, consult, write the protocol for our EMTs and paramedics. And I consider -- one of the things the Florida Statutes provides is, contrary to what has been publicized, the physician can be employed by a hospital that delivers inedical hospital -- emergency medical services, okay. In this particular case, we're looking at somebody who is going to train our EMTs and paramedics to deliver to a facility that has emergency services there. So that's what we should be looking at is who has the interaction with the emergency rooms that our patients -- or our citizens are going to. And, quite frankly, I only see two in all the applicants that we received, both for medical director and assistant medical director. Dr. Lee is affiliated with the Trauma Center in Lee County. I'm sad to see that there's no -- there was no applicant from Physicians Regional that has affiliation with their emergency services. So I'm going to make a motion that we direct the chairman to negotiate a contract with Dr. Tober and Dr. Lee. Dr. Lee being our assistant medical director, and Dr. Tober being the medical director. CHAIRWOMAN HILLER: Is there a second? CONMSSIONER COYLE: I'll second the motion. CHAIRWOMAN HILLER: Commissioner Coyle? COMMSSIONER COYLE: I wasn't next. Commissioner -- CONMSSIONER FIALA: I'll go next. That's okay. That's okay. One thing that I think we're forgetting to take a look at, that is right now we as County Commissioners, all of us, have been strongly encouraging the fire services to not only unite, but to consolidate with the hopes, with the anticipation that we will then gift them with the Page 126 Packet Page -919- 1/28/2014 16.K.3. June 25, 2013 EMS services so that that can be all one emergency service operation working together hand in hand, always working together hand in hand. And what we forget, and what has not been mentioned yet, is all of these years Dr. Tober has worked against any type of consolidation between fire. In fact, he's -- he's been actually -- let me say he's been -- how do I want to say it nicely -- derogatory toward any fire service and all through the years. And I don't know what -- how we expect a different outcome now than has been going on for 30 years. I mean, if he's not wanted to work with the fire service before and yet we're encouraging that to take place, how is he going to change now? And so I cannot vote for him, I'm sorry. I have many other things to say, but I'll let Commissioner Coyle -- by the way, they're both outstanding candidates. Don't get me wrong. They're great outstanding candidates. It's just that I think we need a new face on this system, because we're designing a new entire department. Thank you. CHAIRWOMAN HILLER: Commissioner Coyle? COMMISSIONER COYLE: Yeah. I think we should be focused on finding the best qualified person we can find for our medical director in Collier County. And, in my opinion, there are certain fundamental requirements. Number one, I believe that our medical director should be a practicing physician in our community. I think he should be a full -time resident of our community. I think that he should be uncompromising in establishing standards of treatment and training for the medical personnel under his supervision. If that means conflict with fire districts, then that's what it means. Every day of the week I will listen to a physician about medical standards and practices rather than a fireman, and every day of the week I will listen to a fireman when it comes to issues related to fighting fires. Page 127 Packet Page -920- 1/28/2014 16. K. 3. June 25, 2013 And I have seen enough of the conflict here to know that subordinating Emergency Medical Services to a fire district is the worst thing that can ever be done. The fire districts are moving toward consolidation now, but it is they who have refused it in the past and were pushed into it only because of financial pressures. They refused to participate with Dr. Tober in the ride -along program to make sure that the fire districts' personnel were current in the medical procedures. Commissioner -- or Dr. Tober has been under constant criticism by fire districts because they wanted to undermine his authority. And, in fact, the North Naples Fire District has hired their own multiple medical directors so they can get what they want without having to go through the county's medical director. That is not the kind of emergency medical system that we want or need in Collier County. So if there has been friction, there is enough blame on both sides. And 1, for one, would rather have a medical director who is uncompromising in medical standards rather than one that is seeking to smooth over the political divisions by compromising on those medical standards. I think it is unfortunate that there has been so much emphasis on market share between the two hospital systems here in Collier County. We, as the Board of County Commissioners, have the authority and responsibility to assure that that process is done fairly. And I, quite frankly, don't care whether our medical director is employed by either hospital. I would hope he would be employed by one of them and -- because I think that validates credentials, and I just cannot imagine a medical director who has to spend time in Atlanta, Georgia, and in Ohio, and still provide medical direction for our people here in Collier County. So I believe that the medical director should be a servant of the people of Collier County. He should not be subordinate in any way to a fire organization. He should be a servant of the people of Collier Page 128 Packet Page -921- 1/28/2014 16. K. 3. June 25, 2013 County, and I believe that we have a winning team in Dr. Tober and Dr. Lee. We know what we've got. We know that Dr. Tober has received national, state, and local awards for excellence in emergency medical services. So I don't know why we would like to change horses in order to get an unknown team, a team that is not proven, a. team that, in fact, .seems to have some difficulties in other places; but that can be argued, I'm sure, from both sides. And the issue of market share between the two hospitals, I have -- I have gone through the process of establishing these protocols for stroke alert patients in great detail, and the information that I have been given clearly demonstrates that Physicians Regional has been involved in every step of the way in developing those protocols and training the people. And the evidence indicates to me that our medical staff has been diligent in assuring that those medical protocols are followed. And with the exception of a couple of administrative problems, the division has favored Physicians Regional. Now, I've talked with Dr. Campbell or Mr. Campbell, and I know there's a difference of opinion on that. And I would be happy to sit down with representatives and try to work that out because, quite frankly, our record looks as if Physicians Regional has had adequate and timely input into this entire process, and there's even a meeting scheduled, I believe, in July to review the most recent data. So there appears to be an attempt to be fair in that process, but we have the responsibility and authority to make sure it is fair. So whoever we select, we will be able to do that. So my recommendation is, we've got an award - winning team. We've got a lot of bickering between EMS and fire districts but, my personal opinion, it's because the fire districts do not want their people to be subordinate to anybody else, and that is an understandable Page 129 Packet Page -922- 1/28/2014 16.K.3. -w June 25, 2013 feeling. When you've got people who have to respond to emergencies, you need to consolidate responsibility and authority, and it is difficult for them to deal with a situation where their people are being certified by someone else not under their control, and that is understandable, but it is one that cannot stand in the way of us maintaining the high standards of medical treatment that we have established here in Collier County. It is solvable, but we've got to get over it. And that concludes my remarks. I support Dr. Tober and Dr. Lee as a team that has very well served the people of Collier County as exemplified by their many awards. CHAIRWOMAN HILLER: Commissioner Henning? COMMISSIONER HENNING: I -- you know, at the last meeting I brought to the board being a partnership or talk to East Naples and Golden Gate about consolidation and bring recognition to it. And prior to doing that, I sat down with the East Naples fire commissioner, the chair, and Dr. Tober, and I said, this is what I want to bring forward, and I want your input. CHAIRWOMAN HILLER: And may I ask, just for the record, that you clarify who the East Naples fire commissioner was that you met with. COMMISSIONER HENNING: The chairman. CHAIRWOMAN HILLER: Jeff Page? COMMISSIONER HENNING: Yes. CHAIRWOMAN HILLER: Okay. Just so -- because other people out there don't know. COMMISSIONER HENNING: There was no objection from either gentleman of, you know, the county participating in that, in fact, encouraged. In the past remarks that I saw from Dr. Tober, he was not objecting to any consolidation of the fire departments in Collier County. So that's my understanding of Dr. Tober's position on fire Page 130 Packet Page -923- 1/28/2014 16. K. 3. June 25, 2013 consolidation is not trying to prevent them, but he has absolutely no objection to it. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: Yes. I will say I've watched this situation as a citizen and during my short period of time in service as a commissioner, and I will tell you that, from my perspective, I think this is -- this has been the -- one of the most difficult situations that I've had to consider, and I think it's also one of the most disappointing for me. And the reason why I believe that the situation is in -- that we find ourselves in this position, because of a great deal of self - interest that's crept into this process. I have met with absolutely dozens of people in this community in all lines of work as professionals, seasoned professionals, first responders, physicians, and all sorts of healthcare- related people that have, of course, wanted to talk to me about resolving this issue, and I will tell you that I have a uniform respect for all of them and what they do individually. But I find a stunning leadership vacuum among the administrators of every entity in this discussion as far as moving to make our operational situation better, and I can find fault with absolutely everyone. I think -- I think the intent has been to push issues in a direction of self - interest, and I think that's a very, very sad situation. I find everybody's positions unyielding, divisive. It's an extremely rancorous situation. It's just not a very happy circumstance that I find myself in or that this board finds itself in. And the failure, in fact, is with the administration of all the entities, including the medical director, that are supposed to find a methodology to move forward towards greater performance to safeguard public health and safety. The fact that we have a premiere protocol clearly does not Page 131 Packet Page -924- 1/28/2014 16.K.3. June 25, 2013 guarantee operational success. I think the fact that we're getting the great results that we are in Collier County is on the backs of the EMS staff and the fire staff in the field that are doing everything that they can do to provide service in spite of the direction and lack of leadership that they're getting from the administration of every entity under concern. And Dr. Tober does not -- is not lacking in that way. In my personal discussions with him, I asked him if he was certain that he could function in a manner that was going to lead us to be able to get together in providing these services in a better manner and that my hopes and expectations were in that direction. So what the failure of the administration of all these entities has done is come to this board and place the responsibility on these five people who have no direct skills or knowledge on this subject seeking a political solution to a management problem. I think that's absolutely awful. Because my fear is that if we -- if we take that route, and we take a political solution to a management problem, that we will never ever be able to go back again and make the proper decisions, and that is to get together as professionals and figure out how to make this work. That's all I have to say. CHAIRWOMAN HILLER: Any other comments? COMMISSIONER FIALA: Yeah. CHAIRWOMAN HILLER: Go ahead, Commissioner Fiala. COMIVIISSIONER FIALA: If I may. CHAIRWOMAN HILLER: Yeah, absolutely. COMMISSIONER FIALA: I've heard a number of the comments, obviously, and I don't think anybody -- everybody has mentioned how outstanding Dr. Tober is, but I don't think anybody's really talked very much about Dr. Augustine. And I didn't know much about him myself, to be honest with you, so I made it my business to start looking in a little bit as to what he's done. Page 132 Packet Page -925- 1/28/2014 16'.K.3. June 25, 2013 And I know that he is a member of the medical directors nationwide, worldw"icte association. I thought that was interesting. I also know that he teaches once a year at Harvard regarding emergency medicine. I know that he writes columns every month for Emergency Medical Service World, which is a magazine that goes worldwide. He's studying and working very diligently to build collaboration between all medical services. And, you know, that's something we really need right now, collaboration, working together, working as a team, and I don't think we've seen that happen. And it's always one side pitting against the other, and you're never productive if you're always squabbling with one other. Look at how hard our fire departments have wanted to keep the advanced life services; it's taken away from them, of course, and that's why North Naples went out and started their own because they were reduced to basic life service instead of advanced life service. And they felt that the residents, our people, needed to have advanced life service. When they're on the spot, they need to be there right away with all of the equipment needed, and they weren't allowed to do that. So I feel that I stand solidly behind a change; that change is Dr. Augustine. CHAIRWOMAN HILLER: Thank you. I'd like to say a few words, and the first thing is I'd like to address what the Naples Daily News said in their editorial. They incorrectly stated that the reason I had brought this forward was for political reasons, and it isn't. It has nothing to do with North Naples Fire. I did receive a donation from that union, but I also received a donation from EMS's union. In fact, as I've said before, I was very honored to be endorsed by public safety across the board. I was supported by fire, by EMS, and by the police, and there's a reason. It's because I support all of them, and I support them all equally. They're tremendous individuals in every way. i-. Page 133 Packet Page -926- 1/28/2014 16.K.3. - — June 25, 2013 And, in my opinion, the number one obligation of the Board of County Commissioners is public safety. That is our duty. We are here to make sure the public is safe above and beyond everything else. And so that is why, through the course of my tenure on this board, I have constantly advocated policies that promote the public safety. And we, for example, through Mr. Casalanguida, installed a different lighting system so we could be assured that our emergency service vehicles can get through traffic and get a patient to care as quickly as possible. Our AUIR, which is our -- basically our level -of- service standard, suggested that our EMS staffing was not adequate to allow for our providers to get to a scene quickly enough. So we began to approve ALS service through fire. Commissioner Coyle made a comment that North Naples had their own medical director. Well, they're required to by law. Any -- the statute is very clear. The statute requires that any organization, be it public or private, that provides BLS transport or ALS services must have their own medical director. And the medical director of these institutions, again, be they public or private, work to the statute and work to the standard that we have set in Collier County. There is no medical director in Collier County that works to a different standard other than the uniform standard that we have established. And they have worked hard to achieve that uniformity so that all the citizens in the community have the same level of care when faced with an emergency situation. So, again, going to what the paper said, completely false and, quite frankly, they need to retract. But what the paper does is they veil everything in opinion and, because it's opinion, it doesn't have to be fact. The reason I brought this forward was the exact opposite of politics. We have a process in Collier County where we require all of Page 134 Packet Page -927- 1/28/2014 16.K.3. June 25, 2013 our contracts to go out to bid, and there's a reason for that. I mean, could you imagine if we hired a road contractor and just gave him every single contract to build every road in Collier County without ever exploring if there was a better contractor out there or, in the case of that kind of service, you know, the same level of service at a better price? It's our obligation as members of the board to ensure that when we make a decision that we do look at what is out there in the community, and what is out there in the community may prove to tell us that who we. have is, in fact, the best or -- for the benefit of the public or, to the contrary, it might prove that there is someone out there who is better. Everything we do is in the public's interest. Dr. Tober's contract was an evergreen contract. And my request to bring this forward to consider that it be competitively let and allow for the community to know that we do or don't have the best medical director was done through the process that was approved by this board. So there's nothing political. It is 100 percent intended to allow the process to work for the benefit of the public to ensure that we are making the best selection for the benefit of the public as it relates to the role of the medical director and what the medical director does. There were several other issues that were brought up, but I don't think we really need to get into that. There was a letter received, again, from two other doctors that indicated they couldn't be here. So the board has received a copy of it when I received it, and it will be entered into the record. It's from Dr. Zeitler, M.D., and Dr. Diorio, M.D., and I'll just summarize, and it will be a matter of public record so you can, you know, pull it and read it at your leisure. But, in essence, it basically says that the -- well, should I read it? COMMIISSIONER COYLE: No. CHAIRWOMAN HILLER: No. I won't read it. But anyway -- basically that the -- that they're responding to the letter sent on behalf /"-N Page 135 Packet Page -928- 1/28/2014 16. K. 3 June 25, 2013 of the members of the medical society, the Collier County medical board, that they're actually board members themselves. And they did not discuss -- they said that the qualifications of the candidates were not discussed, etcetera, et cetera. But, essentially, that, you know, the letter, as presented, doesn't represent the views of them or the society. Then they also talked about Dr. Tober's qualifications, recognizing his -- that he's qualified as a doctor, however, that they had a concern because Dr. Tober is employed by NCH Healthcare and that that is -- that can be construed as a conflict of interest, as there is more than one hospital in the system. And so they asked that -- to discourage any semblance of bias or favoritism of one hospital system over the other, they feel that, you know, there should be independence and that Dr. Tober would need to separate himself, or said another way -- and I'm paraphrasing this -- that the medical director should not be allied with one hospital over -- to the exclusion of the other. And so they say that they could only endorse Tober if he relinquished contractual and financial obligations with NCH. So that's, in .essence, what that letter says. So I'll just introduce it in the record since they couldn't be here. So in short, you know, from my standpoint, I don't agree with evergreen contracts, and I would hope that when our purchasing ordinance comes back to the board for approval that one of the conditions in there makes it clear that, as a matter of public policy, we will not support evergreen contracts because it is against the public's interest not to go through the bidding process and, in this case, the interview process. This is a very difficult decision because, in my opinion, I think every single physician that was interviewed is outstanding, they're outstanding medical professionals, and they each bring tremendous experience to the table. Page 136 Packet Page -929- 1/28/2014 16.K.3. June 25, 2013 The point you make, Commissioner Fiala, is a very important one, and that is that having someone who can unify and not divide with respect to the issues in this county is very important. And Dr. Tober has had, I would say, a very difficult relationship, not just with fire but also with the other major hospital in the county, which is Physicians Regional. And so it's extremely important that whoever we recommend as medical director gets along with everybody who services the EMS system, you know, not only the multiple fire districts. You know, it seems that -- it looks like he's developing a positive relationship with East Naples, and that's nice to hear but, you know, it's been negative with other districts, and we've got, you know, a positive relationship with one hospital but it appears what looks like a negative relationship with the other hospital. And we need someone who can really work with everybody in a positive way for the benefit of the public. So like I said, I think very highly of Dr. Tober. I think he's done some marvelous things, and I think very highly of the other candidates as well, and I'm thinking very seriously about this decision. So -- yeah, go ahead. Commissioner Nance. COMMISSIONER NANCE: I think that applying -- I do believe that this, indeed, since it's landed on the desk of the Board of County Commissioners has become political beyond what's healthy for our community. And I believe that the relationship that Dr. Tober currently enjoys with Naples Community Hospital to the exclusion of others is problematic. I believe the leadership vacuum from the hospitals as well as the fire districts is no less problematic than Dr. Tober's weaknesses. At this point, I am going to support the motion with very, very severe reservations for the simple reason that I do not believe there's an alternate that is any better. I believe an alternative solution will strictly be political, and it will gloss over and let the wounds that we Page 137 Packet Page -930- 1/28/2014 16.K.3. June 25, 2013 currently have lie underneath the scab that will never heal. That having been said, I can also not support a long -term contract under an arrangement that is dysfunctional. So I will simply not support a long -term contract if I'm forced to make that decision. I think the contract should be very limited and give everybody a chance to take a deep breath and do what they're supposed to be. doing to begin with, and that is getting together and working out this problem. This problem cannot be worked out by this board. This is a .ridiculous -- absolutely ridiculous situation to put any one of these people in. CHAIRWOMAN HILLER: If I may comment. COMMISSIONER NANCE: I will -- I will be looking forward to discussions on it, but I don't think that making a change that let's everybody off the hook is the way to go. And I've thought about it. I've taken it under very, very serious advisement. And what I'm telling you is, I don't see -- I don't see honor anywhere -- and I'm most upset with everyone. So I don't know if that helps anybody out, but I'm going to support the motion with very, very serious reservations. CHAIRWOMAN HILLER: If I may say one thing, Commissioner Nance. Commissioner Coyle would like to speak. But I do want you to understand that we are obligated with making the decision. You do understand that? COMNIISSIONER NANCE: Oh, I understand that. CHAIRWOMAN HILLER: Okay. Because you keep saying, like, they're putting us in a -- COMMISSIONER NANCE: Oh, I just think it's a ridiculous situation. I understand. I just told you what my decision was. I will support the motion, but I find it very, very poor form on the administrative leadership of everybody concerned. I think it's ridiculous, and I think it's shameful. CHAIRWOMAN HILLER: Commissioner Coyle, and then Commissioner Fiala. Page 138 Packet Page -931- 1/28/2014 16.K.3. June 25, 2013 COMMISSIONER COYLE: Yeah. I have to share some of those sentiments, but I would like to add something for your. consideration. Some of these issues probably cannot be worked out without the board's involvement. A competition between hospital systems here is way beyond the capability of a medical director or EMS department. I think the board needs to continue to work with the staffs of both hospitals to sort out this differing, vastly differing interpretation of facts, of data, I should say, because, depending upon what subset, of the data one presents, you can draw different conclusions, and we need to clarify that, and we need to reach agreement between the two hospital systems about how we should report these various classifications and the reasons why we direct people to certain of the hospitals for treatment, because that will help us refine our assessment effectiveness. And so I think that will also resolve this particular issue and give Physicians Regional some comfort that there is no one who is trying to assure that one hospital system benefits over another. And I think we have that power and responsibility. So with that, I would be happy to see the motion called. CHAIRWOMAN HILLER: Commissioner Fiala would like to speak, but before -- COMMISSIONER FIALA: Just a fast one. CHAIRWOMAN HILLER: Yeah, but I would like to just say one thing. We have an ongoing investigation into the issue of the shift of -- or the statement made about market share, and you had indicated, Commissioner Coyle, that you have information on that. Leo, when are you going to bring that forward? We've got the -- you know, you've given us the investigation on the Minnard case, which the board still has to address. I mean, we've received it, but it needs to be put back on the agenda and probably should be put back on the July agenda, but that's more of an operations issue. r�l Page 139 Packet Page -932- 1/28/2014 16.K.3. June 25, 2013 �-1 And just one clarification, Commissioner Nance, the medical director is not responsible for operations. The medical director is responsible just for protocol and training and should not be involved in operations. But, Leo, when are you going to bring that investigation back, since Commissioner Nance had -- and the board supported you doing that internal investigation on that -- MR. OCHS: Yes, ma'am. CHAIRWOMAN HILLER: -- market -share issue? MR. OCHS: I was planning to bring that back in September. You had asked me to not only touch base with the PSA and the hospitals, but, you know, do my own review, and I want to make sure that I cover all of those bases thoroughly for the board. CHAIRWOMAN HILLER: The second meeting or first meeting? MR. OCHS: I don't know, ma'am. Whenever it's ready. It will be no later than the second meeting. CHAIRWOMAN HILLER: Okay. That's fine then. I just wanted to -- COMMISSIONER HENNING: You're not planning on taking a vacation or anything, are you? MR. OCHS: No. It will be a working vacation, yes, ma'am. CHAIRWOMAN HILLER: Cancel that trip to Vegas. Okay. I just - and maybe, if we could all have whatever you've got on that investigation, Commissioner Coyle. You said you had studied it yourself and you had information that showed there were no issues, if you could provide that to the board. COMMISSIONER COYLE: I didn't say it showed there were no issues. The information tends to show that the information presented by Physicians Regional at this board meeting last time was incorrect and also outlines the number of meetings by date and the people attending those meetings representing both Physicians Regional and Page 140 Packet Page -933- 1/28/2014 16.K.3. - June 25, 2013 NCH and our EMS personnel and what they did or accomplished or agreed to. So I'll be happy to provide that information to you. CHAIRWOMAN HILLER: That's great. Provide it to all the board and to Leo, and that would be the best. COMMSSIONER COYLE: Yes, okay. CHAIRWOMAN HILLER: Commissioner Fiala, and then Commissioner Nance. COMMISSIONER FIALA: Yes. You know, I used to work for NCH, right? I still have some great friends that work there or that are involved there. So to me it's just about seeing these departments that are in emergency medical services handling the job that our people expect them. It doesn't make any difference to me, one hospital or another. I'm just mainly concerned that our residents get the service that they not only desire, but that they should demand for their own health. And Commissioner Nance said he feels this whole thing, the way it's run right now is distasteful, ridiculous, and disgraceful. Then why would you vote that way? Do you expect a different outcome if you've got the same people running it and felt it was not right before? That doesn't make any sense to me. But that's just a rhetorical thing to say, I guess. CHAIRWOMAN HILLER: And I just want to ask one question. Commissioner Nance, what is your opinion of the vote of the PSA? I mean, the PSA is supposed to represent the community. And, you know, I personally had said it should not go to the PSA, but you and the other members of the board said it should go to the PSA, and I was concerned about, you know, conflicts in the process, and you -all said it was good. And now the PSA comes back, and the PSA's recommendation is for Augustine and Panozzo, but you're sitting here now -- after having said that the process properly should be that it goes to the PSA, now you're saying the PSA should be ignored and /0'� Page 141 Packet Page -934- 1/28/2014 16.K.3. June 25, 2013 '-N that that process is no good and that we should disregard what the PSA says. COM11iIISSIONER NANCE: No. I'm not saying we should disregard what the PSA says. The PSA was a 17- member board, 13 of which voted. One of the people that voted was one of the candidates for the deputy medical director. So the PSA -- CHAIRWOMAN HILLER: He didn't vote for himself, though. COMMISSIONER NANCE: No, he voted for Mr. Augustine, okay. CHAIRWOMAN HILLER: Is there a problem with that? COMMISSIONER NANCE: Well, I think there is a relationship between those two individuals. And what I'm saying is, to me, that's a no decision. That's a tie vote or less than a tie vote. So I don't think it was anything indicative that the PSA had any real strong feeling. CHAIRWOMAN HILLER: How is it a tie vote? COMMISSIONER NANCE: Had Mr. Panozzo, who is a candidate, abstained, it would have been tied at six apiece. CHAIRWOMAN HILLER: Let me ask you this question. COMMISSIONER NANCE: No, I really don't want to engage in that conversation. What I am doing here is trying to say that I don't believe that this board making a political decision is going to change the workings of the ladies and gentlemen out here that are going to have to make this thing work. If they do not change their management style and learn to work together, it's not going to get any better. We can have any medical director we assign that will give one political advantage to one or the other or a different. And it's not going to -- it's not going to result in any better service to my district, I can tell you that. My district is the most remote one, the ones where the service times are the longest and the facilities are the scantest. So I'm imploring the ladies and gentlemen and professionals, each of which I respect -- and I don't mean to go on a rant here and Page 142 Packet Page -935- 1/28/2014 16.K.3. June 25, 2013 imply to you that I do not respect you, because I respect each of you. I am imploring you that you have to step up and you have to craft a way to make this work. This board cannot make you function together. And until you function together, it's not going to get any better despite our best wishes. We can select a new medical director every year; we're going to find ourselves in the same situation. So I'm sorry that Commissioner Fiala thinks that one little change of one person is. going to make a big difference, but I'm here to tell you, look at all of you that are involved and tell me that any one individual is going to make that change. It's not going to happen. It's like Solomon trying to split the child in half. It will not. So I am throwing the ball back in your court, ladies and gentlemen. The citizens of Collier County are looking forward to a referendum in the year 2014 to talk about working towards a more cohesive, managed first responder system as a whole, and that's what I'm expecting that they're going to continue to demand. So you guys are going to have to step up. The decision is not going to be made by this board. The decision is going to be made by you. You can blame it on this board if you'd like, but seek your hearts, and you know you're going to have to step up and get it done, and that includes Dr. Tober. Dr. Tober writes the protocols. We could have the best protocols in the world, but if they can't be delivered at the date and time of the emergency, they're not effective. So he has got to craft, together with you -- I'm chastising all of you together. I call the question. COMMISSIONER HENNING: Yeah, it's my motion. I think I can call the question, right? COMMISSIONER COYLE: Yeah. You can't, but the chair can. But I would like to make a response to a comment that was made � Page 143 Packet Page -936- 1/28/2014 16.K.3. June 25, 2013 that I think really needs -- is important. It won't take long. Why do we make the same decision and select the same people that have been responsible for the system not being functional and expect a different result, okay. It's real simple. We're keeping that portion of the system that is the only thing that has been functional. The people who are responsible for us having one of the best emergency medical systems in the nation and the State of Florida are the medical director and all of those people that the fire district and in our EMS departments who are out there on the ground treating people in emergencies. Those have been the only people that have really been making this system work. As Commissioner Nance has pointed out, there are a lot of people at higher levels who want to build empires and want to manage things in a different way and want to consolidate their control over things that are causing the problem. And as long as we yield to those people in creating our emergency medical system, we will fail, and we'll continue to have this kind of disorder. It's amazing to me that our EMS people on the ground have been able to do such a wonderful job in view of all of this bickering. So you're absolutely right, Commissioner Nance. What we're doing is keeping the best part of what we have, I hope, and we're challenging the rest of you to get on board, and that includes the PSA. And I share Ed Morton's assessment of that. It is a failed organization. Why is it a failed organization? Because we apparently picked a group of people among whom were some that don't have the backbone to stand up for principle. They want to avoid confrontation. They want to avoid argument. They want to be nice to each other all the time. And that's not how you get a good system. You know, the old story about an elephant is a horse designed by a committee -- CHAIRWOMAN HILLER: So I understand now why Coyle Page 144 Packet Page -937- 1/28/2014 16.K.3. June 25, 2013 fights with me all the time. I didn't realize. I get it. That's how -- his justification, it's for the good of the system. COMNIISSIONER COYLE: So the more we compromise with things in committee -type work, the more distorted the process becomes. So what we're really doing is keeping what's good and challenging the rest of you to get on board and let's start working together. and get the job done. CHAIRWOMAN HILLER: All right. We are going to call the question. I just want to make one last statement just to your point, Commissioner Nance. I was the one who said the PSA had conflicts, just to make a point. Mr. Dutcher is the chief operating officer for NCH. Mr. Tober -- or Dr. Tober works for him. So, I mean, now we're back to 7 -6. So the point being is .everybody disagreed with me, and I guess now everybody agrees with me. I think it's kind of funny. Okay. I'm going to go ahead and call the question, but I'd like to suggest that we truncate the question because there are two separate positions that are being considered here. The first position is that of medical director. The second position is that of deputy medical director. So I think we need to have two separate votes. There are going to be two separate contracts. We have a different structure now because we have bifurcated the positions and, as I said, two separate positions. So, Commissioner Henning, would you kindly amend your motion so we have first a vote on the position of the medical director and then we have a second vote on the position of deputy medical director? And keep your motions the same but just do first -- you know, your first motion is medical director. COMMISSIONER HENNING: Is there any debating this motion? CHAIRWOMAN HILLER: No. I mean, do you want to debate it? Page 145 Packet Page -938- 1/28/2014 16.K.3. June 25, 2013 COMMISSIONER HENNING: No new debate? CHAIRWOMAN HILLER: No, I don't think -- I mean, we don't have to. COMMSSIONER HENNING: You know, I think we abused this topic so much we better call the sheriff over here to do something about it, but -- CHAIRWOMAN HILLER: Commissioner Henning, I have the -- we have not had any discussion -- COMMISSIONER HENNING: If we're not having any debate, I'll go ahead and do that, make a motion -- CHAIRWOMAN HILLER: And let me just confirm that nobody wants -- because we haven't had any discussion about deputy. Everybody just focused on the medical -- COMMISSIONER NANCE: I would support bifurcating it. CHAIRWOMAN HILLER: Okay. But let me ask this. Is there any desire to have discussion on the second question, which is the position of deputy medical director? Because we've only talked about the medical director, even though the motion, originally as presented, considered both. Commissioner Coyle? COMMISSIONER COYLE: Well, there are some unanswered questions in that respect, but I understood Commissioner Henning's motion to be to support the existing team that we have, Dr. Lee and Dr. Tober, and there's a good reason for retaining the team. They work well together. They are both eminently qualified for the position. And if we are going to bifurcate them and bifurcate their contracts as an administrative procedure, I see nothing wrong with that. But if we're going to start thinking about having someone else be the assistant medical director, one has to give consideration to the authority of the medical director to direct his assistant, and that would include, I presume, either dismissing him and asking for a replacement Page 146 Packet Page -939- 1/28/2014 16.K.3. June 25, 2013 and/or recommending that person for retention in the future even with a salary increase. So those are things that we haven't really worked out, but I would hope that we wouldn't have two medical directors, one a primary and one an assistant, who both report to the Board of County Commissioners, and then we would have to evaluate them both even though they're working as a team. So I don't think the board has considered that sort of thing. But if the objective is to nominate both men, one as medical director and one as assistant, I am certainly amenable to proceeding in that direction. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: No comment. CHAIRWOMAN HILLER: Commissioner Fiala? COMMISSIONER FIALA: Its fine with me to bifurcate it. CHAIRWOMAN HILLER: You want to bifurcate, but do you want to have discussion on the deputy, or do you just want to -- COMMISSIONER FIALA: Well, yeah, because we haven't really discussed who we want, I mean, actually, by name. Commissioner Coyle said keep them together, but we haven't even discussed anybody's qualifications. CHAIRWOMAN HILLER: What's your position, Commissioner Nance? COMMISSIONER NANCE: I'm ready to vote on it. CHAIRWOMAN HILLER: On -- COMMISSIONER NANCE: Both of them. CHAIRWOMAN HILLER: On both of them as one? COMMISSIONER NANCE: Yes, ma'am. If you want to discuss it, I'll proceed -- I'll support the discussion if somebody would like to talk about it. COMMISSIONER HENNING: My motion stands as stated. CHAIRWOMAN HILLER: Okay. COMMISSIONER COYLE: Yeah. Page 147 Packet Page -940- 1/28/2014 16.K.3. June 25, 2013 .-. CHAIRWOMAN HILLER: In that case, all in favor? COMVIISSIONER COYLE: Aye. CHAIRWOMAN HILLER: (No verbal response.) COM lSSIONER NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRWOMAN HILLER: Any opposed? COMMISSIONER FIALA: Aye. CHAIRWOMAN HILLER: Motion carries 4-1, with Dr. Tober and Dr. Lee being selected. COMMISSIONER COYLE: Can I go home now? COMMISSIONER FIALA: Yes. COMMISSIONER HENNING: We want to communicate with you first. MR. OCHS: Madam Chair, the next step, then, would be for county attorney to present contracts and bring them back to the board or -- CHAIRWOMAN HILLER: The next step would be to designate the chair to negotiate the contract terms and bring those negotiated terms back to the board for approval. COMMISSIONER HENNING: You're going to work with the County Attorney's Office, correct? CHAIRWOMAN HILLER: Always. COMMISSIONER HENNING: Always. CHAIRWOMAN HILLER: Always. COMMISSIONER HENNING: It's just an assumption. MR. KLATZKOW: May I just get -- may I just get a little clarity, because Commissioner Coyle raised a very viable point here. CHAIRWOMAN HILLER: Yes. MR. KLATZKOW: Is your deputy going to be separate? CHAIRWOMAN HILLER: Yes. We made that clear, and the board approved that as part of their motion. MR. KLATZKOW: So your deputy's not going to report to -- Page 148 Packet Page -941- 1/28/2014 16.K.3. June 25, 2013 CHAIRWOMAN HILLER: We can structure it that the deputy reports to the medical director, but we have to have two separate. positions, because we can't have the situation we have -- we have currently, which is one entity that basically hires both, and then something happens to that entity, and we're with nobody. So we have to have two individual contracts. We can, organizationally, structure it that the deputy answers to the medical director, and the medical director answers to the board, but we have to have two separate contracts. MR. KLATZKOW: At the end of the day, can the medical director fire the assistant without your permission? CHAIRWOMAN HILLER: No, no, absolutely not, and nor can the medical director hire without the commission. The commission both has the ability to hire and terminate, but in terms of answering within the hierarchy, it's to the medical director. MR. KLATZKOW: Okay. Thank you. COMMISSIONER COYLE: The medical director could make a recommendation to the board -- CHAIRWOMAN HILLER: The medical director can say whatever they like to the board. I mean, that's their right. But at the end of the day, we have to retain the ability to hire and fire the deputy. COMMISSIONER COYLE: I'll support that. Item #I OJ — Continued from earlier in the meeting BOARD OF COUNTY COMVIISSIONERS TO CONSIDER AUTHORIZING THE CHAIRWOMAN TO SEND A LETTER TO REGULATORY AGENCIES RESPONSIBLE FOR PERMITTING AND REGULATION OF OIL EXPLORATION AND OIL WELL EXTRACTION OPERATIONS IN COLLIER COUNTY TO INSURE THAT COLLIER COUNTY CITIZENS; COMMENTS AND CONCERNS ARE GIVEN CAREFUL REVIEW AND Page 149 Packet Page -942-