Agenda 01/25/2011 Item #16F2
Agenda Changes
Board of County Commissioners Meeting
January 25, 2011
Add Item 9H: Economic Health and Viability of Collier County. (Commissioner Coletta's request)
Add Item 91: Motion that the County stop all further action with respect to Jackson Labs. (Commissioner
Hiller's request)
Move Item 16C4 to lOP: Recommendation to award Contract #11-5625 to Vaccaro Consulting, Inc. for
consulting services and planning assistance. (Commissioner Henning's request)
Move Item 16D8 to ION: Recommendation to approve renewal of the Interlocal Mutual Aid Agreement
between the Independent, Municipal and Dependent Fire Districts. (Commissioner Hiller's request)
MOVE ITEM 16F2 TO 100: RECOMMENDATION
TO APPROVE THE ANNUAL 5% INCREASE IN
CONSULTANT FEES FOR MEDICAL DIRECTOR
OF EMS AS DESCRIBED IN THE EMERGENCY
MEDICAL SERVICES MEDICAL CONSULTANT
CONTRACT FOR A TOTAL OF $110,775 FOR
FYll. (COMMISSIONER HILLER'S REQUEST)
Continue Item 16K6: Recommendation to approve a schedule for submission of non-routine documents by
staff to the County Attorney for legal review prior to submittal for Board action (County Attorney's request)
Withdraw Item #16K7: Recommendation to approve the release of order recorded in Code Enforcement
action entitled Board of County Commissioners vs. Dale and Keri Ann Ochs, CEB Case No. CEVB20090000974,
relating to property located in Big Cypress National Preserve, Collier County, FL. (Staff's request)
Note:
A conversion error occurred at time of printing on Item 9D, Packet Page 244 and Item 13A1, Packet Page 506.
The missing information is as follows:
Item 9D:
Mr. Herminio Ortega
District 5
Cate20rv: REGULAR - Construction Industry
Mr. Kenneth Kelly 435-0014 02/14/06
4260 16th Street. N.E. 354-2021 01112/10
Naples FL 34120
E-Mail: kenuukellyroofin2.com
District: 5
Cate20rv: REGULAR - Roofin2 Contractor
02/14/07
02/14/13
1 Year
3 Years
Item 13A1: Hopefully, when homes are built they will address the needfor middle income homes
in this area. as it is now oredominantlv low and verv low income.- Commissioner Fiala.
Item 10J - The Recommendation portion of the executive summary reads: Recommendation to
endorse the recommendation of the Coastal Advisory Committee on how to proceed with the
permitting and Installation of the proposed Clam Bay navigational markers based on recent
regulatory findings and Agency Requirements.
Recommendation to change as follows:
Recommendation to endorse the recommendations of the Coastal Advisory Committee
(CAe) from 1/13/2011 not to move forward with the permit application or installation of
navigational markers in Clam Bay. Additionally, the CAC recommends that the County,
Pelican Bay and the Seagate community jointly meet and resolve the markings of Clam Bay
to facilitate safety, channel location, maintenance and overall community acceptance. After
resolution of the marking plan; a recommendation by the CAC; and approval by the BCC;
the County would petition the USACE to close out the permit.
Item 16D6 - The Recommendation portion of the executive summary reads: Recommendation to
approve award of Bid No.11-5637 for Naples Berm restoration to Eastman Aggregate Enterprises,
LLC for $946,167.20 and authorize the Chairman to execute the standard contract after County
Attorney review and approval.
Recommendation to change as follows:
Recommendation to approve award of Bid No. 11-5637 for the Naples Berm restoration for
a total unit price, not to exceed sum of $882,264. This will include a not to exceed unit price
of $564,864 to Eastman Aggregate Enterprises, LLC for sand transport and placement and
a not to exceed, unit price of $317,400 to Stewart Mining for sand supply. Also
recommended is authorization for the Chairman to execute the standard contract after
County Attorney review and approval. This reflects the County's intent to direct purchase
the sand from the sand supplier saving the contractors markup and sales tax. All other
items remain the same.
Item lOG is quasi-judicial and ex parte disclosure is required, all participants will be required to be
sworn in.
Item 16A8 is not an ex parte item as originally stated in the agenda.
Time Certain Items:
Item lOG to be heard at 10:00 a.m.
Item 10K to be heard at 11:00 a.m.
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1/2S/2011 Item 16.F,2.
EXECUTIVE SUMMARY
Recommendation to approve the annual five percent (5%) increase in Consultant Fees for the
Medical Director of Emergency Medical Services as described in the Emergency Medical Services
Medical Consultant Contract for a total of $110,775 for FY11.
OBJECTIVE: That the Board of County Commissioners approves a 5% increase in consultant
fees for FYII, as stated .in the Emergency Medical Services Medical Consultant Contract
between Robert Boyd Tober, Inc. and Collier County.
CONSIDERATIONS: The Medical Consulting Contract between R~bert Boyd Tober, Inc. and
Collier County was renewed on September 11, 2001, Agenda Item I6F (3) ("Contracf'), Section
4 of the Contract states, in part:
The Consultant will be entitled to a 5% annual increase beginning October 1,
2001 upon written notification by the Emergency Services Administrator by
September 15th of each year, beginning on September 15, 2001, and upon
approval by the Board of County Commissioners.
Written notification was provided to the Medical Director by the Director, Bureau of Emergency
Services (alk/a the Emergency Services Adininistrator), as required by the Medical Consulting
. Contract. It is the recommendation of the Director, Bureau of Emergency Services, that a 5%
increase for FYII be approved in accordance with the Medical Consulting Contract, retroactive
to October 1, the beginning of fiscal year 2011.
The Medical Director did not accept this increase for FYlO. However, the increase was
budgeted for FYII and the increase will help offset the expense borne by the Medical Director to
compensate Dr, Doug Lee; who is the Medical Director Appointee as desimated by the Board on
September 23, 2008 (Agenda Item I6FI2),
FISCAL IMPACT: Funds in the amount of$IIO,775 were budgeted for FYI 1 in Fund 490,
LEGAL CONSIDERATIONS: Ibis item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a simple majority
vote-SRT.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from
this action.
RECOMMENDATION: That the Board of County Commissioners approve the annual :five
percent (5%) increase in Consultant Fees for the Medical Director QfEmergency Medical
Services as provided for in the Emergency Medical Services Medical Consultant Contract for a
total of$IlO,7758 for FYll, retroactive to October 1,2010.
Prepared By: Artie Bay, Supervisor - Accounting, Emergency Medical Services
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1/25/2011 Item 16.F.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.2.
Item Summary: Recommendation to approve the annual five percent (5%) increase in
Consultant Fees for the Medical Director of Emergency Medical Services as described in the
Emergency Medical Services Medical Consultant Contract for a total of $110,775 for FY11.
Meeting Date: 1/25/2011
Prepared By
Name: BayArtie
Title: Supervisor - Accounting,EMS Operations
1/12/20111:51:32 PM
Submitted by
Title: Supervisor - Accounting,EMS Operations
Name: BayArtie
1/12/20111:51:33 PM
Approved By
. Name: PageJeff
Title: Chief - Emergency Medical. Services,EMS Operations
Date: 1/12/20113:48:46 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 1/12/20114:58:31 PM
Name: SummersDan
Title: Director - Bureau of Emergency Services,
Date: 1/12/2011 5:44:39 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/13/2011 4:39:42 PM
Packet Page -810-
Name: PryorCheryl
Title: Management! Budget Analyst, Senior, Office of Management & Budget
Date: 1/13/2011 4:41:34 PM
Name: OchsLeo
Title: County Manager
Date: 1/15/20114:06:27 PM
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1/25/2011 Item 16.F.2.
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1/25/2011 Item 16.F.2.
COLLIER COUNTY El\1ERGENCY SERVICES
MEDICAL CONSULTANT CONTRACT
tL
TIDS :MEDICAL CONSULTING CONTRACT made this II - day of
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. ~. 2001 by and between ROBERT BOYD TOBER) INC., hereinafter referred to as
Consultant, 'and COLLIER COUNTY, FLORIDA, hereinafter referred to as the County.
" WITNESSETH
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WHEREAS, 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 servi~es performed by the County in the above described geographic area;
and
WHEREAS, Consultant ROBERT TOBER, M.D., 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, 1996 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 cham!es contained herein; and
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NOW THEREFORE, in consideration of the promises and the mutual covenants
hereinafter set forth. the parties hereto agree as ~oIIows:
1. LICENSE: ROBERT TOBER, M.D. is at the present time a duly licensed
physi~ian in the State of I;lorida 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 nun and void.
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1/25/2011 Item 16.F.2.
2.
GENERAL DUTIES: Consultant shall be an independent contractor and shall
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be directly responsible to the Division Admini~trator 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 Statutes. The Consultant shall be responsible for. the
implementation of such planning and coordination as may be necessary to deliver advanced life
support by Pal)iIIl~dic~ (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 CONTRACT: The initial tenn of this contract shall be from October
1, 2000 to September 30, 2001. The parties agree that the'term of the Contract shaH be
automatically renewed on a yearly basis from October 1, through September 30 with the same
terms, conditions and obligations as set forth herein, unless terminated by County upon shcty (60)
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days written nocice to Consultant.
4. COMPENSATION: The County shall pay to the Consultant the sum of
$50,000 peT 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 10111 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 15th of each year,
beginning on September 15. 2001, and upon approval by the Board of County Commissioners.
5. PATIENT RECORDS: The County shaH make available, within two days of
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request; any and all medical records, reports, documents and other relevant materials, including
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1/25/2011 Item 16.F.2.
. audio and visual tapes requested by the Consultant. This includes all run reports. medical test
results, recordings on tape and any other reaso~abjy available similar information.
6. CONFIDENTIAL COM:MlJNICA TIONS; Except as may be provided by
general law, the County agrees to keep all medical records confidential and anow 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 shaU be given full support for removal of any
. program participant as provided for in State regulations governing Advanced Life Support
Providers.
9. DUTIES AND RESPONSmILITIES OF THE CONSULTANT:
a. He shall be from a broad-based medical specialty such as emergency medicine,
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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 petformance of
the paramedics working for Collier County EMS.
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d. H;e shall develop medically correct standing orders or protocols relating to life
support system procedures when communication cannot be established with _ a
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1/25/2011 Item 16.F.2.
supervising physician or when any delay in patient care would potentially threaten the
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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 ~is app()inte~ shall prQvide continuous 24-:hour-per-day, 'r-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
L'off-line" service to resolve problems, system conflicts, and provide services in an
emergency as that term is defined by section 252.34(3), Florida Statutes.
g. He shall establish a quality assurance committee to provide for quality assurance
review of all paramedics operating under his supervision.
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h. He shall audit the perfonnance 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
assllrance programs that may be developed by the department.
1. He shall ensure and cenify that security procedures of the Collier County EMS
for medications, fluids and controlled substances are in compliance with chapters 401,
499 and 893. Florida Statutes, and chapter lOD-45 of the Florida Administrative
Code. -
j. He shall create, authorize and ensure adherence to, detailed written operat.ing
procedures regarding all aspects of the handling of medications, fluids and controlled
substances by the ElVIS personnel and comply with all requirements of chapters 401,
499 and 893, Florida Statutes.
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k. He shaIl 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 Cql1ier County
EMS of equipment or medication_
m. He shall assume direct responsibility for the use by a Collier County paramedic of
an au~oma,tic _ or ,semi:-automatic defibrillator and the perfonnance of esophag~aJ
intubation, and on routine interfacility transports, the monitoring and maintenance of
no~-medjcated IV.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.
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n. He shall ensure that an paramedics are trained in the use of the trauma scorecard
methodologies as provided in sections 64E-2.0 17 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 minimum of 10 hours per year of contiriuing medical
education related to pre-hospital care or teaching or a combination of both.
p. He shall ensure that all Collier County paramedics have all proper certificatio~s
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,
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distribution resources, emergency medical services personnel ,training and medical
policy, protocol, planning and development.
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b. Consultation in the coordination of rraining of paramedical personnel. including
the deteimination 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-to-day delivery of
emergency medical services by the County.
d.' Servi~~ ~ aY~on ~et~eenQ1_e ~ounty ~d !he apprc>pri~te cQrnl11Jlnity hQ~pital~.
medical societies, practicing phy~icians 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 are not specifically set forth herein and as may
be changed from time to time by the department..
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
here~nder.s
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1/25/2011 Item 16.F.2.
. No modification, or change in this Agreement shall be valid or binding upon the parties,
unless in writing, and ex.ecuted by the party orparties intended to be bound by it.
Unless otherwise specified, the laws, rules and regulations of the State of Flo;ida 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, Rorida.
12. CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP:
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 confIjct between such interest and the perfonnance of its duties hereunder.
Nothing in this Contract shall be'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 Co,unty (if located within CoJlierCount}>) and the State.
13. SUCCESSOR: The Contract shall be binding upon the successors of the County_
This Contract shall not be assignable by the 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.
15. PRO-RATIONS tJ"PON TERMINATION: In the event of the termination of
this Contract, the Consultant's compensation due under Paragraph 4 shall b~ prorated on the basis
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1/25/2011 Item 16.F.2.
IN WITN"ESS WHEREOF, the parties have executed this agreement as of the date first
written above.
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.:' :6WiGIfr E::SROCK, CLERK
-= '~ofCol,lrts .: "'. ,; ,
BOARD OF COUNTY C01v.[MISSIONERS
OF COLLIER comrfY. FLORIDA
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By: ~~ _
JAMES AR1ER, Ph.D., CHAIRMAN
Cf-rl-o(
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".' ..-~ . .-: .....--. . oo. ,
"'~tt.lt'.'~."~ ChafNlan's
s1~.ture only_
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ROBERT BOYD TOBER. INC.
BY: P/{V4&
ROBERT BOYD TOBER, PRESIDEI\1'f
Approved as to form and
Legal Sufficiency:
H1Jacl.;elEMS ContncrfI"ober
Medical Comracl200 I-Revised
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