Agenda 01/15/2008 Item #16F 1
EXECUTIVE SUMMARY
Recommendation to approve an Agreement between The Board of County Commissioners
of Collier County and Zoll Medical Corporation for the purpose of conducting a
retrospective analysis of cardiac arrcst data originally collected for quality assurance
purposes by Collier County Emergency Mcdical Scrvices (EMS) for the pcriod October 1,
2003 through September 30, 2007.
OBJECTIVE: That the Board of County Commissioners approves an Agreement with Zoll
Medical Corporation to analyze cardiac arrest data which may ultimately be published or
otherwise used by Zoll at the discretion.ofthe Collicr County Medical Director.
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CONSIDERA nONS: Collier County EMS routinely collects cardiac an'est data for quality
assurance purposes. Due to the County's very favorable outcomes, Zoll Medical Corporation
has requested permission to study this data, subject to the Health Insurance Portability and
Accountability Act of 1996 (HIPPA), along with limitations imposed by Collier County. The
main objective of the study is to determine the effectiveness of the Collier County EMS cardiac
arrest treatment protocol, which features pit-crew deployment of the AutoPulse (a machine
which replaces manual compressions for CPR and is manufactured by 1,011), in achieving short-
term patient survival. Patient age, gender. location of arrest, initial rhythm, witnessed aJTest.
bystander CPR, EMS response time and AutoPulse deployment time will also be factored into
the analyses.
The Agreement provides Zoll access to the data. The County Medical Director has sole
discretion to determine whether the data, as compiled and analyzed, may be published or
otherwise used by 1,011. In addition, the County and Zol1 mutually agree that the resultant data
may not be published without prior approval of an independent review board (lRB). Such IRB
would be mutually selected by Zoll and the County.
Should the County agree through the Medical Director that the data may be published; the
County grants to Zoll the non-exclusive rights to the data, including the right to use the data
worldwide for an unlimited number of times in perpetuity in any and all media. This means that
the County may also use the data, if it desires. The County maintains right of action should use
ofthis data is claimed to be defamatory or untrue.
FISCAL IMPACT: There is no Fiscal Impact. Any cost associated with the study will be
funded by Zoll Medical Corporation.
GROWTH IMPACT: There is no Growth Management Impact resulting li'om this action.
RECOMMENDATION: That the Board of County Commissioners approves the Agreement
between Collier County and Zoll Medical Corporation to conduct a retrospective analysis of
Collier County EMS cardiac arrest data for the period October I, 2003 through September 30.
_ 2007; and authorize the Chairman tn execute said Agreement.
Prepared bv: AJiie Bay, Operations Analyst Emergency Medical Services Depmiment
Page 1 of I
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COLLIER COUNTY
3()p.r:-~D OF ':OUNTY COMMiSSIONERS
Item Number:
hiF1
Item Summary:
ReC0l11tr".::n::JaT:8r: to 3~)iJl-O\!e an';greement belween T~e Board of County Commissioners of
Collie, County and Zol! [\.,':ed:::31 Corporation for the purpose of conducting a retrospective
ar~aly.:;i5 of C3i"j13C arrest dats o:-igina!ly coliected 'or quaiity a~,surance PuqJo:;es by Collier
Counly ErT'f'rge!KY L~edic31 Services i:::rlfiS) for tne period October 1 ~002, through
Se~)tembef ?,cJ 2007
Meeting Date:
1/: 5/2003900:;0 AM
Prepared By
Artie Bay
Senior Administratrve Assistant
Date
Bureau of Emerg:m:::y
Se:-v!:::f's
::MS
12/2.B':0::'7 5:03:11 PM
Approved By
Jeff Page
::[1,,1S Chi:::t
Date
Bureau of t:mcrsency
::::MS
12.'31/20G7 9:08 .L.fJi
Services
Approved By
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Approved By
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Approved By
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AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered
into on this 15 day of January, 2007, by and between ZOLL MEDICAL CORPORATION
(hereafter, "lOLL"), a Massachusetts corporation, doing business at 269 Mill Road, Chelmsford,
Massachusetts, 01824-4]05 and THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereafter,
"COUNTY"), located at 330] Tamiami Trail East, Naples, Florida 341 ] 2, as follows:
For good and valuable consideration, receipt of which is hereby acknowledged,
COUNTY hereby grants to lOLL, and their respective parents, subsidiaries and affiliates,
licensees, successors and assigns, the right to acce~S5 patient data and information, subject to the
Health Insurance Portability and Accountability Act of ]996 ("HIPAA") and any reasonable
limitations imposed by COUNTY, for the purpose of conducting a retrospective analysis of
cardiac arrest data that was originally collected for quality assurance purposes by COUNTY
from October 1,2003 through September 30, 2007 (the "Data"), All Data may subsequently be
published or otherwise used by lOLL in an abstract or manuscript under the terms of this
Agreement if agreeable to COUNTY. COUNTY designates Dr. Robert Tober, COU]\;TY's
Medical Director, to determine whether the Data as compiled and analyzed may be published or
otberwise used by ZOLL. Dr. Tober at his sole discretion may refuse lOLL permission to
publish the Data. All physical embodiments containing Data shall hereinafter be known as the
"Materials."
lOLL and COU:-:TY mutually agree that COUNTY will provide access to the Data and
lOll will collect the Data at COUNTY's Bureau of Emergency Services located at 3301 E.
TRmiami Trail. Naples, Florida 341 J 2, subject to any reasonable limitations imposed by
Cul.NTY. lOLL agrees, at its solc expense, to pursue and receive approval of Materials by an
independent private Internal Review Board (the "IRB") mutually selected by lOLL AND
COUNTY prior to publication of Materials. The COUNTY and lOLL mutually agree that the
Data may not be published without prior IRE approval.
Should thc County agree through Dr, Tober that Materials may be published, COUNTY
grants to 7.0ll the non-exclusive rights to the Materials including the right to use the data
throughout the world, an unlimited number of times, in perpetuity in any and all media, now
known or hereafter invented, and in connection with the Program or otherwise and for
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advertising, merchandising, and promotional purposes in connection therewith and all rights. The
COUNTY shall have any right of action against ZOLL their respective parents, subsidiaries and
affiliates, licensees, successors and assigns or any other party arising out of any use of said
Materials, if such use is or claimed to be defamatory or untrue.
ZOLL is not obligated to actually use the Materials or publish the Materials. The
undersigned acknowledges on behalf of ZOLL rs~rescflts MS ')'al'ra1i't~t the undersigned has
all rights and authority to enter into this agreement and to grant the rights granted hereunder.
This is the entire agreement. No other authorization is necessary to enable ZOLL and COUNTY
to use the Data and/or Materials for the purposes herein specified.
IN WITNESS WHEREOF, the parties have caused these presents to be executed the date
and year first above written.
ATTEST:
DWIGHT E. BROCK, CLERK
Approval as to form and legal
Sufficiency:
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Jennifer A. Bclpedio
Assistant County Attorney
D7-EMG-00099/2
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
JAMES COLETTA, CHAIRMAN
ZOLL MEDICAL CORl'ORA TION
JtQ~
lly:
Gary Freeman VP Clinical Affairs
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