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Agenda 10/14/2008 Item #16K 2Agenda Item No. 18K2 October 14; 2008 Page 1 of 15 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves the First Amendment to the Collier County Emergency Services Medical Consultant Contract, which amends the agreement by having Dr. Tober report directly to the Board of County Commissioners, and to authorize the Chairman to execute same. OBJECTIVE: For the Board of County Commissioners (`Board ") to approve the First Amendment to the Collier County Emergency Services Medical Consultant Contract, dated September 11, 2001. CONSIDERATIONS: On September 23, 2008, at the Board's regularly noticed meeting, the Board directed that the Collier County Emergency Services Medical Consultant Contract be revised to require the Medical Director to report directly to the Board (Agenda Item 913). The proposed First Amendment to this Agreement fulfills this direction by amending Paragraph 2 as follows: "Consultant shall be an independent contractor and shall be directly responsible to the Pivi� ^M ater of the—; lei ey 1,;vi ,,,, Board of County 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... " FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commmissioners approves the First Amendment to Collier County Emergency Services Medical Consultant Contract, dated September 1 l , 2001, and authorize the Board's Chairman to execute same. Prepared by: Jeffrey A. Klatzkow, County Attorney cia Pu2e \ o[( 4�enda||am0m, 16K2 0cijdber14.2O08 COLLIER COUNTY gOAPDOF COUNTY COMMISSIONERS Item Number: 10*2 Item Summary: Recommendation that the Board of County Commissioners approves the First Amendment to the Collier County Emergency Saw/cso Medical Conso|�antCuntrac/. which amends the agreement by having Dr. Tobe, report directly tome Board of County Commissinners, and to authorize the Chairman mexecu:s same and authorize use of new letterhead. Meeting Date: 10!1412008 9:00 00 )LM Prepared By Jeffmatzkpw Assistant County Attorney Date County Attorney County Attorney Office 9/z012008 11:56s0 xM Approved By Jeffmatzxmw Assistant County Attorney Date County Attorney co,^tyxtto,nevoff/cc e17o/2008 1:02 pm Approved By OMB Coordinator o[TS Coordinator onty County Managers Office Office o,Management & Budget s/xo/znoo 3:03 PM Approved By John «.Yonkoaxy v| the Cmcsofmanxsonrient oaue county Manager's Office ofi�eof & su�'set s.zo/zuooe:ooPM Approved By Jameev.Mvuu CountvNt�anage, rz»e Board n(County manaoerscmco »/au/ccscr,01 p� Commissioners fi/c:/*C:\AocndaTesd2xpotb||4-[kctobcr�'0Z0|4_%ZU200O\!0.96ZOC(}N5ENT%Z0/\O[ND— 10/8/2008 ,erida Item No. 15K2 Octooar 14, 2008 r ;age 3 of 15 FIRST AMENDMENT TO COLLIER COUNTY EMERGENCY SERVICES MEDICAL CONSULTANT CONTRACT 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 Division ^ d of the Emer -genet' Sen ""°° Divis ""' Board of County 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 ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk as to form ;uffitrncy: y A. K y Atto 0s- con - 00127,2 tem l"Jo. ?'3!'(2 `DCtobE-r 14. 2,)C?8 � Rje 4 of i 5 ROBERT BOYD TOBER, INC. ROBERT BOYD TOBER, PRESIDENT BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA In TOM HENNING, CHAIRMAN Page 2 of 2 ^genera Item Ho. I SK2 0ct3ber 14. 2008 Page 5 of 15 COLLIER COUNTY EMERGENCY SERVICES MEDICAL CONSULTANT CONTRACT THIS MEDICAL CONSULTING CONTRACT made this I / day of -5 �1 2001 by and between ROBERT BOYD TOBER, INC., hereinafter referred to as Consultant, and COLLIER COUNTY, FLORIDA, hereinafter referred to as the County. WrrNESSETH 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 services performed by the County in the above described geographic area; and WHEREAS, Consultant ROBERT TOBER, M.D., a duly Iicensed 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 I8, 1996 which provides for automatic renewal pursuant to certain conditions; and I 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: I. 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 lorrger contracts with DR. TOBER, or if DR. TOBER should Iose his license to practice medicine, this contract shall immediately become null and void, --&1 11,em No, ';.ob`:r Q 008 =''pie J oT 1 J �. 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 Statures. The Consultant shall be responsible for the implementation of such planning and coordination as may be necessary to deliver advanced life suppo,i by Pa1.aMC'.uil.S (Including EM and Fire District peib-onnel) 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 term of this contract shall be from October 1, '000 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 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 Iiability 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 10`h of each month. The Consultant will be entitled to a 57.- annual increase beginning October 1, 2001 upon written notification by the Emergency Services Administrator by September 15`h of each year, beginni: - on September 15, 2001, and ipon approval by the Board of County Commissioners. o• PATIENT RECORDS The County shall make available, within two days of request, any and ail medical records, r,-Ports, documents and other relevant materials, including 2 Ag nda 'tem No. 16K2 October 14, 2003 Page r' of 15 audio and visual tapes requested by the Consultant. This includes all run reports, medical test results, recordings an tape and any other reasonably available similar information. 6. CONFIDENTIAL COMMUNICATIONS: 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 AND RESPONSIBILITIES 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. e. 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 Oct::bEr 14. 2003 f �, e ��S o �' S 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 Ievel of care appropriate to the patient's medical condition if available within the service region. f. He or his appointee shall rovide c^0,-14,- s IA a } iu iL'ou L- r- „Our- per-uay, 1-day-per-wee{-, 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- 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. e_ 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 4101, 499 and 593, Florida Statures, and chapter IOD-1,5 of the Florida Administrative Code. j• He shall create, authorize and ensure adherence to, derailed written operating procedures reg -rding 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 Acenda item No. 15K2 Octirber 14, 2008 Page 9 of 15 k. 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. rn. He shall assume direct responsibility for the use by a Collier County paramedic of an automatic or semi- automatic defibriflator and the performance of esophageal intubation, and on routine interfacility transports, the monitoring and maintenance of non - medicated I.V.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 are trained in the use of the trauma scorecard methodologies as provided in sections 64E -2.Ot7 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 continuing 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 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. S Pave?0of15 b. Consultation in the coordination of training of paramedical personnel, including the determination of training criteria forcertification. 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 ha ?son 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 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 peribrmance 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 specifc performance of the provisions of t ;his contract. In addition, the Consultant shall be liable to the County for his unreasonable failure or refusal to perforn the ser vices required hereunder. 6 Agenda (tern No. 16K2 October 14, 2008 Page 11 of 15 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 State 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, Floridd. 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 conflict between such interest and the performance 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 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 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 UPON TERMINATION: In the event of the termination of this Contract, the Consultant's compensation due under Paragraph 4 shall be prorated on the basis 7 ber 14. 2003 Of the number of days elapsed from the effective date of the Contract, divided by three hundred sixty -five (365). 16. li'I ,NUALS: 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. ADDITIONAL LICENSES: Consultant agrees to obtain and maintain throughout the period of this A =crhent, 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 licenses 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. 18, INSURANCE: The County shall, pay for, and maintain, during the lie of this agreement, processional liability insurance. Collier County shall be named as an additional insured on the certificate of insurance for the policy. H Benda Item No. 16K2 October 14, 2068 Page 13 of 15 IN WITNESS WHEREOF, the Parties have executed this agreement as of the date first written above. ATTEST: DWIGHT E. $ROCK, CLERK -of Courts - By 'Attest-4-`to Chairman's sig"Atw* only. Witnessed b Approved as to form and Legal Sufficiency: CQI LI_-NE HUBBARD ROBINSON Vsistant County Attorney Mackic/EMS ConmatTober Medical Contra:c 2001- Reviscd BOARD OF COCTMN COIV MISSIO',NTERS OF COLLIER COU NrT Y, FLORIDA ..rife► 9 t �• ROBERT BOYD TOBER, INC. BY: lie ROBERT BOYD TOBER, PRESIDENT No.. 13K2 toter i4. 2003 rave 14 of 1- A. Appointment of member to the Collier County Planning Commission. Resolution 2008 -289: Appointing Karen Joyce Homiak — Adopted 510 To be heard at 11 :30 a.m. B. Discussion regarding Medical Director and EMS. (Commissioner Coyle) Motion for the Collier County Medical Director's contract be revised so that he reports directly to the BCC — Approved 5/0 C. Executive Manager to BCC Annual Evaluation Motion by Chairman to direct County Attorney's Office to prepare a resolution terminating the Executive Manager's Contract — Fails 2 /3(Commissioner Coyle, Commissioner Fiala, and Commissioner Coletta opposed); Motion for human resources to provide the BCC copies of the riles of all terminated and past employees going back to November, 2000 for review and for this item to be brought back at a future BCC Meeting — Approved 4/1 (Commissioner Halas opposed) 10. COUNTY MANAGER'S REPORT A. The annual performance appraisal for the County Manager. (Jim Mudd, County Manager) Approved — 510 B. Review and approve the FY 2009 annual work plan for the County Manager. (Jim Mudd, County Manager) Discussed; Approved w /changes — 5/0 C. A report to the Board regarding the integration of behavior based wellness incentives into the Collier County Group Health Plan. (Jeff Walker, Risk Management Director) Presentation given; Discussed D. To gain approval from the Board of County Commissioners of a budget amendment in the amount of $2,002,600 to Fund 517, Group Health and Life Insurance, to recognize the receipt of reinsurance proceeds and to pay anticipated claims expenses for the remainder of FY 2008. (Jeff Walker, Risk Management Director) Approved - 510 Page 6 September 23, 2008 Acienda !'Lem No. 16K2 October 14. 2008 Page i5 of 15 Board of Collier County Commissioners Office of the Medical Director Or Robert Boyd Tober. Ni.D.. FACEP • Collier County Medical Director