Item C01
Apr 12 2004 3:35PM
Fire Rescue
2896336
p. 1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 21. 2004
Bulk Item: Yes X
No
Division: County Administrator
Department: Fire Rescue
AGENDA ITEM WORDING: Request approval of Contract with Professional Emergency Services. Inc. to
provide services as Monroe County Medical Director for a three-year period effective January 0], 2004 through January 01,
2007, with the option of renewing for two (2) additional two (2)-year periods, and request approval to waiver policy to go
out for bid.
ITEM BACKGROUND: Monroe County provides fire and/or emergency medical services pursuant to Chapter 401,
Florida Statutes in the unincorporated areas of the County, and is required to employ or contract with a Medical Director
who is a Florida licensed physician, Board Certified in Emergency Medicine with added qualification in EMS and pre-
hospital care experience for the pmpose of providing direction and professional services to the Fire and Emergency Medical
Services (Monroe County Fire Rescue).
Dr. Sch'WeInlDer, the principal oftbe corporation, has been providing services as the County's Medical Director. Due to the
extracrdinary circmnstances, which involve a restructuring of tile County's emergency medical services, in which process
Dr. Sch1VeJIlJDer is and has been contributing her special expertise, and the need to maintain momentum and continuity in
the process, it is deemed that there should be a waiver of the purchasing policy, as a practical matter, and only for current
needs of the County. Staff and the provider have understood that these circumstances would result in the COlJnty staff
seeking a new contract with the provider to be effective January 01, 2004. Several technical matters in resolving the
contract to be placed before the Board have resulted in an extension to maintain the s1atus quo, but the expectation bas
always been that the new terms, including compemation, would eventually be fonnalized with an effective date of January
0],2004.
PREVIOUS RELEVANT BOCC ACTION: On December 17,2003, BaCC granted approval and authorized
execution of a Contract Amendment between Monroe County and Professional Emergency Services, Inc. to extend the
existing Agreement for two (2) months, January 02,2004 through February 29,2004, to allow parties mfficient time to
determine the details of future operations and their impact on a new Contract for medical direction.
On February 18, 2004, BOCC gnmted approval and authorized execution of a Contract Amendment between Monroe
County and Professio~1 Emcrgcncy Services, Inc. to extend the existing Agreement for six (6) months, March 0], 2004
through Auguat 31, 2004 to allow parties additional time to determine the details offuture operations and their i~act on a
DeW Contract for medical direction.
CONTRACT/AGREEMENT CHANGES: Term of Contract is from lanuaryOJ, 2004 through January 01, 2007
with the option of renewing for two (2) additional two (2)-year periods. The Medical Director will be paid fifty thousand
dollars (550,000.00) per year with payment increases of five percent (5%) per year during the term of the Contract and
subsequen.t renewal!. Provision is also made that if professionaJ services are requested beyond the scope of the contract,
Momoe COUDty Fire Rescue wiD pay S2S0.00lbour for these services on an as-needed basis.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $157.625.00 Cthree-vearperiod)** BUDGETED: Yes X No
"'*(ADDITIONAL COST: $7,500.00 [three year perjod] for seTVices requested beyond scope of the contract If needed)
COST TO COUNTY: $157.625.00** SOURCE OF FUNDS: Ad Valorem Taxes
** (ADDITIONAL COST: 57,500.00 [three year period] for servicl:S requested beyond scope of the contract Iheeded)
REVENUE PRODUCING: Yes
APPROVED BY: County Arty X
DEPARTMENT HEAD APPROVAL:
NoX AMOUNTPERMONTHN/A
'k
Year
DIVISION DIRECTOR APPROVAL:
agement K
DOCUMENTATION: Included X
DISPOsmON:
James L. Roberts
To Follow
Not Required_
AGENDA ITEM ##
C/
Revised 1/03
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Professional Emergency Services, Inc. Contract #
Effective Date: January 01, 2004
Expiration Date: January 01,2007
Contract Purpose/Description: To contract with a Medical Director who will provide professional services
as a licensed Florida physician in order for Momoe County to provide ftre and/or emergency medical
services pursuant to Chapter 401, Florida Statutes.
Contract Manager: Chief Clark O. Martin, Jr. 6006 Fire Rescue / Stop #14
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on April 21, 2004 Agenda Deadline: April 06, 2004
CONTRACT COSTS
Total Dollar Value of Contract: $
Budgeted? Yes X No 0
Grant: $
County Match: $
t(three (3)-year period)
$157,625.00t
Account Codes:
Current Year Portion: $
13001-530340 = $10.710.00
11500-530340 = $12.750.00
~-530340 = $ 2.040.00
$25,500.00
- - -
----
Estimated Ongoing Costs: $2500.00/yr*
(13001-530340 = $1,050.00; 11500-530340 = $1,250.00;
12500-530340 = $200.00)
(Not included in dollar value above)
ADDITIONAL COSTS
For: *Professional services requested beyond the
scope of the contract on a need-to basis. Will be
invoiced separately at rate of$250.00/hr.
(eg. maintenance, utilities, janitorial, salaries, etc-:)
CONTRACT REVIEW
Division Director
Changes
Neede~
YesD Nol::::J
Date Out
V-v-
Risk Management
O.M.B./Purchasing
Medical Director/Fire Department Physician
Contract
THIS CONTRACT, made and entered into this _ day of ,2004, by and between the
Board of County Commissioners of Monroe County, Florida, hereinafter referred to as the
"COUNTY," and PROFESSIONAL EMERGENCY SERVICES, INC., hereinafter referred to as the
"MEDICAL DIRECTOR",
WITNESSETH:
WHEREAS, the COUNTY provides fire and/or emergency medical services pursuant to
Chapter 401, Florida Statutes, in the following geographic areas: Cow Key Channel (mm 4) to
the south end of the Seven Mile Bridge, also known as the Lower Keys Fire and Ambulance
District, and from Tavernier Creek Bridge (mm90.5) to South Bay Harbor Drive and Lobster Lane
(mm95); and South Bay Harbor Drive and Lobster Lane (mm95) to the Dade County Line on US
1 (mm113) and north on SR 905 to the intersection of Card Sound Road, Municipal Service
taxing District 6, in regards to Key Largo Volunteer Fire Department; and
WHEREAS, the COUNTY is required to employ or contract with a MEDICAL DIRECTOR
who shall be a Florida licensed physician, Board Certified in Emergency Medicine with added
qualification in EMS and pre-hospital care experience, or corporation which employs or contracts
with similarly qualified physicians; and
WHEREAS, the COUNTY has determined it to be in the best interest of the residents of
and visitors to Monroe County to contract with a MEDICAL DIRECTOR for the purpose of
providing direction to the Fire and Emergency Medical Services; and
WHEREAS, the MEDICAL DIRECTOR desires to provide professional services
according to the terms and conditions stated herein.
NOW THEREFORE, in consideration of the mutual understandings and agreements set
forth herein, the COUNTY and MEDICAL DIRECTOR agree as follows:
1. Term.
This Contract shall become effective on January 1, 2004, and shall run through January 1, ~
2007, and shall be renewable thereafter at the option of the COUNTY for two additional two (2)-
year periods.
2. Compensation
(a) The MEDICAL DIRECTOR shall be paid an annual fee of fifty thousand dollars
($50,000.00). Upon receipt of a proper invoice, the County shall pay the annual fee in twelve
monthly installments, pursuant to the Florida Prompt Payment Act. The annual fee may be
revised based upon future modifications to the provision of Fire and EMS services through a
written amendment.
(b) Payment shall increase five percent (5%) per annum during the term of this Contract and
subsequent renewals.
(c) Professional services requested beyond the scope of this Contract will be invoiced
separately at a rate of $250.00/hour and will be approved in advance by the MCFR Fire
Chief and/or County Administrator.
(d) Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Board of County Commissioners.
(e) Invoices received from MEDICAL DIRECTOR shall be reviewed and approved by the
County Fire Rescue Chief or his designee, indicating that services have been rendered in
conformity with the Agreement and then will be sent to the Finance Department for payment.
Invoices must reference this Agreement and will be paid in accordance with the State of Florida
Prompt Payment Act.
(f) In order for both parties to close their books and records, MEDICAL DIRECTOR
clearly state "FINAL INVOICE" on the MEDICAL DIRECTOR's final and last billing to COUNTY.
This certifies that all services have been properly performed and all charges and costs have been
invoiced to Monroe COUNTY. Since this account will thereupon be closed, any and other future
charges if not properly included in this final invoice are waived by the MEDICAL DIRECTOR.
g) MEDICAL DIRECTOR will be provided a county vehicle, including cost of gasoline,
repairs, insurance, and other operational costs, to use for travel within the County. Use of the
vehicle out of county will be approved by the MCFR Chief and/or County Administrator.
h) Nothing in this agreement prohibits the MEDICAL DIRECTOR from billing any third party
for medical services rendered outside the scope of this agreement that may arise during or after
the term of this agreement.
3. PurDose.
The purpose of this Contract is to assure compliance of the COUNTY in Medical Direction of its
Fire and Emergency Medical Services System.
4. Duties and ResDonsibilities.
(a) The MEDICAL DIRECTOR shall be responsible to Monroe County Fire Rescue and
report directly to the Fire Chief and County Administrator.
(b) The MEDICAL DIRECTOR shall adhere to the responsibilities as set for the in Florida
Statutes 401, Florida Administrative Code 64E-2.004, Medical Direction. These include
supervising and assuming direct responsibility for the medical performance of the Emergency
Medical Technicians, and Paramedics employed by Monroe County Fire Rescue hereinafter
MCFR).
(c) The MEDICAL DIRECTOR shall be knowledgeable of the standards as set by National
Fire Protection Association Standard #1582.
(d) The MEDICAL DIRECTOR shall coordinate and approve all formal training which will
allow each Monroe County EMT, and Paramedic to fulfill the continuing education requirements
for biannual certification in the State of Florida. The MEDICAL DIRECTOR shall meet annually
with the MCFR Chief, or designee, to review the Educational Program for content, location and
dates.
(e) The MEDICAL DIRECTOR will be available for consulting and advising on all EMS and
Fire activities undertaken by the career and volunteer emergency response departments of
Monroe County as requested by the County and authorized by the MCFR Chief or County
Administrator.
(f) The MEDICAL DIRECTOR shall be available 24 hr/day, 365 days/year for emergency
consultation with MCFR personnel. He/she shall carry a pager and/or radi%r other
communication device, said equipment to be provided by the County. He/she shall respond in a
timely manner to any pages from MCFR. In the event the MEDICAL DIRECTOR is unavailable,
he/she shall appoint a similarly qualified physician to cover all responsibilities.
(g) This Agreement is a personal services contract based on the qualifications of Sandra
Schwemmer, D.O., FACOEP, FACEP, and the services required hereunder shall be performed
by Dr. Schwemmer or under her supervision. Any additional personnel necessary for the
fulfillment of the services required under this Agreement shall be secured at MEDICAL
DIRECTOR's sole expense, and such personnel shall be fully qualified and, if required,
authorized or permitted under State and local law to perform such services.
5. Protocols
The MEDICAL DIRECTOR shall provide an annual review of the pre-hospital treatment protocols
and when necessary, the MCFR Chief and the Medical Director shall jointly approve each
protocol revision prior to implementation. These protocols shall be developed with consideration
of the fiscal impact of such protocols on the participating agencies and citizens of Monroe County,
Florida.
MEDICAL DIRECTOR shall develop and revise when necessary Trauma Transport Protocols
(TTP's) for submission to the Department of Health, Bureau of EMS, for approval. All EMT's and
Paramedics will be trained in the use of the trauma scorecard methodologies as provided in Rule
64E-2.017, FAC., for adult trauma patients and Rule 64E-2.0175, FAC., for pediatric trauma
patients.
COUNTY will provide such secretarial and administrative assistance as necessary for the
production and distribution of such protocols.
6. DEA Certificate
MEDICAL DIRECTOR shall procure on behalf of Monroe County Fire Rescue a DEA registration
in order to provide medications and controlled substances to the COUNTY. DEA registration
shall include the address at which controlled substances are stored. Proof of such registration
shall be maintained on file with MCFR and shall be readily available for inspection. MCFR will
forward all renewal documents as received from the Dept. of Justice, DEA, to the MEDICAL
DIRECTOR to assure continuous registration and will reimburse MEDICAL DIRECTOR for the
cost of such registration.
7. Quality Assurance
The MEDICAL DIRECTOR shall establish a quality assurance system to provide for process of
quality review of all emergency medical technicians and paramedics operating under his/her
medical license and supervision.
The Medical Director and/or each appointee of MEDICAL DIRECTOR'S staff shall audit the
performance of MCFR personnel by use of a quality assurance program to include but not limited
to a prompt review of patient care records, direct observation, and comparison of performance
standards for drugs, equipment, system protocols and procedures. Administrative assistance
with regard to data collection, report production and distribution will be provided by the COUNTY.
8. Local Disasters
In the event of a local disaster or impending emergency situation with the possibility of multiple
casualties, the MEDICAL DIRECTOR or appointee shall be available for emergency consultation.
9. Cost Containment/EQuipment & Procedures
The MEDICAL DIRECTOR shall periodically review all policies and procedures for cost
effectiveness. Providing state of the art fire and emergency medical services to the citizens of
Monroe County in the most cost effective manner shall be a top priority of the MEDICAL
DIRECTOR.
The MEDICAL DIRECTOR will consult and advise on all medical equipment to be carried and
utilized by a participating volunteer fire department and/or any other emergency response
agency.
10. Infectious Exposure Policv
The MEDICAL DIRECTOR shall assist in developing an infectious disease exposure policy that
complies with State and Federal OSHA requirements. The MEDICAL DIRECTOR shall assure
that a comprehensive plan exists for prompt medical review of all possible infectious exposures
reported by MCFR personnel and members of the participating volunteer fire departments, and
for post-exposure medical follow-up when indicated.
The MEDICAL DIRECTOR shall be available 24hr/day, 365 days of the year for consultation with
field personnel who have had any infectious or potential infectious exposure.
11. State Involvement
The MEDICAL DIRECTOR shall become involved in the Florida Association of EMS Medical
Directors. The COUNTY shall reimburse MEDICAL DIRECTOR for costs of such memberships,
and any other recommended or required association membership dues as required by the
COUNTY.
MEDICAL DIRECTOR will attend EMS meetings as recommended and approved by the MCFR
Chief. Such cost of attendance at such meetings will be reimbursed by the COUNTY.
12. Insurance
The COUNTY shall maintain in full force and effect for the term of this Contract, and any
subsequent renewals, professional and general liability insurance with minimum limits of
$1,000,000.00 per occurrence. The COUNTY shall be responsible for maintaining this
professional liability insurance for a minimum of three years from the date of termination if this
Contract. The Professional and General Liability certificate will specify coverage for "EMS
oversight/medical direction",
The COUNTY will provide certificate or proof of such insurance to the MEDICAL DIRECTOR on
an annual basis. MEDICAL DIRECTOR will be provided thirty (30) days notice of cancellation,
change in policy limits, and/or any restrictions placed on coverage of the insurance provided by
the COUNTY during the term of this CONTRACT. The COUNTY will be responsible for the
payment of any deductible and/or self-insured retention in the event of a claim.
13. Termination.
13.1 Early termination may occur as follows:
(a) This Contract may be terminated by the MEDICAL DIRECTOR, with or without cause, upon
not less than ninety (90) days written notice delivered to the COUNTY.
(b) The COUNTY may terminate this Contract in whole or in part and without cause, upon not
less than ninety (90) days written notice, delivered to the MEDICAL DIRECTOR.
(c) The COUNTY may terminate this Contract immediately in the event that MEDICAL
DIRECTOR fails to fulfill any of the terms, understandings or covenants of this Contract.
13.2 At such time as this agreement is terminated, whether at the natural ending date or at an
earlier time under paragraph 13.1 above, the MEDICAL DIRECTOR shall:
(a) Stop work on the date and to the extent specified.
(b) Terminate and settle all orders and subcontracts relating to the performance of the work.
(c) Transfer all work in process, completed work, and other materials related to the terminated
work to the COUNTY.
(d) Continue and complete all parts of that work which have not been terminated, if any.
14. GENERAL PROVISIONS.
14.1 Amendments and Assignments. No amendment or assignment of this Agreement shall
be valid without the prior written consent from the County.
14.2 Entire Agreement. The entire agreement between the parties with respect to the subject
matter hereof is contained in this Agreement, the Request for Qualifications and response
thereto. Unless contradicted by the terms of this agreement, the parties shall be bound by the
provisions of the RFQ and Response. To the extent the RFQ and response are contradicted by
the language in this Agreement, this Agreement supersedes all prior oral and written proposals
and communications related to this Agreement between the parties. No provision of this
Agreement shall be deemed waived, amended or modified by either party unless such waiver,
amendment or modification is in writing and signed by the party against whom the waiver,
amendment or modification is claimed. This Agreement shall be binding upon and inure to the
benefit of the parties hereto, their permitted successors and assigns.
14.3 Severabilitv. If any term, covenant, condition or provision of this Agreement shall be
declared invalid or unenforceable to any extent by a court of competent jurisdiction, the
remaining terms, covenants, conditions and provisions of this Agreement shall not be affected
thereby; and each remaining term, covenant, condition and provision of this Agreement shall be
valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the
remaining terms, covenants, conditions and provision of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The parties agree to reform the
Agreement to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision.
14.4 Captions. The captions set forth herein are for convenience of reference only and shall
not define, modify, or limit any of the terms hereof.
14.5 Governing Law and Venue. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida. Venue for any legal action which
may arise out of or under this agreement shall be in Monroe County, Florida.
14.5.1 Conflicts in interpretation. The parties agree that, in the event of
conflicting interpretations of the terms or a term of this Agreement by or
between them, the issue shall be submitted to mediation prior to the
institution of any other legal proceeding.
14.5.2 Adiudication of Disputes and Disaareements. The parties agree that all
disputes and disagreements shall be attempted to be resolved by meet
and confer sessions between representatives of the parties. If no
resolution can be agreed within thirty (30) days after the first meet and
confer session, the issue or issues shall be discussed at a public
meeting of the Board of County Commissioners. If the issue or issues
are still not resolved to the satisfaction of the parties, then any party shall
have the right to seek such relief as may be provided by this Agreement
or by Florida law.
14.5.3 Coooeration. In the event any administrative or legal proceeding is
instituted against either party relating to the formation, execution,
performance, or breach of this Agreement, the parties agree to
participate, to the extent required by the other party, in all proceedings,
hearings, processes, meetings, and other activities related to the
substance of this Agreement. The parties agree that neither party shall
be required to enter into any arbitration proceedings related to this
Agreement or any Attachment or Addendum to this Agreement.
14.5.4 Leaal Obliaations and Resoonsibilities; Non-deleaation of Constitutional
or Statutory Duties. This Agreement is not intended to relieve, nor shall
it be construed as relieving, any party from any obligation or
responsibility imposed upon the party by law except to the extent of
actual and timely performance thereof by the other party, in which case
the performance may be offered in satisfaction of the obligation or
responsibility. Further this Agreement is not intended to authorize, nor
shall it be construed as authorizing, the delegation of the constitutional or
statutory duties of the County, except to the extent permitted by the
Florida Constitution, state statutes, case law, and, specifically, the
provisions of Chapter 125, Florida Statutes.
14.6 Attornev's Fees and Costs. In the event any cause of action is initiated or defended by
any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall
be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses,
as an award against the non-prevailing party, and shall include reasonable attorney's fees, court
costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the
Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court
of Monroe County.
14.7 Records. MEDICAL DIRECTOR shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in accordance with generally accepted
accounting principles. Upon ten (10) business days written notice to the other party,
representatives of either party shall have access, at all reasonable times, to all the other party's
books, records, correspondence, instructions, receipts, vouchers and memoranda (excluding
computer software) pertaining to work under this Agreement for the purpose of conducting a
complete independent fiscal audit. MEDICAL DIRECTOR shall retain all records required to be
kept under this agreement for a minimum of five years, and for at least four years after the
termination of this agreement. Storage of medical records required by Federal or State statute in
excess of the times stated herein and subsequent to the termination of this Agreement shall be
revisited by the parties at such time as any transition period is established to accommodate the
termination of this Agreement. MEDICAL DIRECTOR shall keep such records as are necessary
to document the provision of services under this agreement and expenses as incurred, and give
access to these records at the request of the County, the State of Florida or authorized agents
and representatives of said government bodies. It is the responsibility of MEDICAL DIRECTOR
to maintain appropriate records to insure a proper accounting of all collections and remittances.
MEDICAL DIRECTOR shall be responsible for repayment of any and all audit exceptions which
are identified by the Auditor General for the State of Florida, the Clerk of Court for Monroe
County, the Board of County Commissioners for Monroe County, or their agents and
representatives,
14.7.1 Public Access. The parties shall allow and permit reasonable access to and inspection
of, all documents, papers, letters, or other materials subject to the Florida Public Records Law, as
provided in Chapter 119, Florida Statutes, and made or received by the parties, unless
specifically exempted by State or pre-emptive Federal Statute.
14.8 Ethics Clause. MEDICAL DIRECTOR warrants that it has not employed, retained or
otherwise had act on its behalf any former County officer or employee in violation of Section 2 or
Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance
No. 10-1990. For breach or violation of the provision the County may, at its discretion terminate
this agreement without liability and may also, at its discretion, deduct from the agreement or
purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or
consideration paid to the former or present County officer or employee. County employees and
officers are required to comply with the standards of conduct delineated in Section 112.313,
Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts, doing business
with one's agency, unauthorized compensation, misuse of public position, conflicting employment
or contractual relationship, and disclosure of certain information.
14.9 Authoritv. MEDICAL DIRECTOR warrants that he or she is authorized by law to
engage in the performance of the activities encompassed by the project herein described. Each
of the signatories for MEDICAL DIRECTOR below certifies and warrants that the Contractor's
name in this agreement is the full name as designated in its corporate; they are empowered to
act and contract for MEDICAL DIRECTOR, and this agreement has been approved by the Board
of Directors of MEDICAL DIRECTOR or other appropriate authority.
14.10 Public Entity Crime Statement. A person or affiliate who has been placed on the
convicted vendor list following a conviction for public entity crime may not submit a bid on an
agreement to provide any goods or services to a public entity, may not submit a bid on a
agreement with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to public entity, may not be awarded or perform
work as a contractor, supplier, sub-contractor, or consultant under a agreement with any public
entity, and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list.
14.11 Anti-kickback. The Grantee warrants that no person has been employed or retained to
solicit or secure this agreement upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, and that no employee or officer of the County or TDC
has any interest, financially or otherwise, in the said funded project, except for general
membership. For breach or violation of this warranty, the Grantor shall have the right to annul
this agreement without liability or, in its discretion, to deduct from the agreement price or
consideration, the full amount of such commission, percentage, brokerage or contingent fee.
14.12 Modifications and Amendments. Any and all modifications of the terms of this
agreement shall be only amended in writing and executed by the Board of County
Commissioners for Monroe County and MEDICAL DIRECTOR.
14.13 IndeDendent Contractor. At all times and for all purposes hereunder, MEDICAL
DIRECTOR is an independent contractor and not an employee of the Board of County
Commissioners of Monroe County. No statement contained in this agreement shall be construed
as to find MEDICAL DIRECTOR or any of its employees, contractors, servants or agents to the
employees of the Board of County Commissioners of Monroe County, and they shall be entitled
to none of the rights, privileges or benefits of employees of Monroe County.
14.14 Compliance with Law. In carrying out its obligations under this agreement, MEDICAL
DIRECTOR shall abide by all statutes, ordinances, rules and regulations pertaining to or
regulating the provisions of this agreement, including those now in effect and hereafter adopted.
Any violation of said statutes, ordinances, rules or regulations shall constitute a material breach of
this agreement and shall entitle the County to terminate this agreement immediately upon
delivery of written notice of termination to MEDICAL DIRECTOR.
14.15 Licensing and Permits. MEDICAL DIRECTOR shall have, prior to commencement of
work under this agreement and at all times during said work, all required licenses and permits
whether federal, state, County or City.
14.16 Non-Discrimination. MEDICAL DIRECTOR shall not discriminate, in its employment
practices and in providing services hereunder, on the basis of race, color, sex, religion, disability,
national origin, ancestry, sexual orientation, gender identity or expression, familial status or age,
and shall abide by all federal and state laws regarding non-discrimination. Upon a determination
by a court of competent jurisdiction that such discrimination has occurred, this Agreement
automatically terminates without any further action by the County, effective the date of the court
order.
14.17 Claims for State or Federal Aid. The parties agree that each shall be, and is,
empowered to apply for, seek, and obtain federal and state funds to further the purpose of this
Agreement, provided that all applications, requests, grant proposals, and funding solicitations
shall be approved by each party prior to submission, and which approval shall not be
unreasonable withheld.
14.18 Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the parties agree
that neither the County nor MEDICAL DIRECTOR or any officer, agent, or employee of each shall
have the authority to inform, counsel, or otherwise indicate that any particular individual or group
of individuals, entity or entities, have entitlements or benefits under this Agreement separate and
apart, inferior to, or superior to the community in general or for the purposes contemplated under
this Agreement.
14.19 Attestations. MEDICAL DIRECTOR agrees to execute such documents as the County
may reasonable require, including a Drug-Free Workplace Statement, and a Public Entity Crime
Statement.
14.20 Sianatures of Parties ReQuired. THIS AGREEMENT SHALL NOT BE EFFECTIVE
UNTIL EXECUTED BY BOTH PARTIES AND RECEIVED IN FINAL EXECUTED FORM BY AN
AUTHORIZED REPRESENTATIVE OF MEDICAL DIRECTOR AT ITS PRINCIPAL PLACE OF
BUSINESS.
14.21 County Authority. By execution hereof the signer below hereby certifies that signer is
duly authorized to execute this Agreement on behalf of the Court.
14.22 No Personal Liability. No covenant or agreement contained herein shall be deemed to
be a covenant or agreement of any member, officer, agent or employee of the Board Of County
Commissioners of Monroe County in his or her individual capacity and no member, officer, agent
or employee of the Board Of County Commissioners of Monroe County shall be liable personally
on this Agreement or be subject to any personal liability or accountability by reason of the
execution of this Agreement.
14.23 Execution in Counterparts. This Agreement may be executed in any number of
, .
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this
Agreement by signing any such counterpart. MEDICAL DIRECTOR'S signature on this
Agreement shall act as the execution of the truth-in-negotiation certificate certifying that wage
rates and costs used to determine the compensation provided under this Agreement are
accurate, complete and current as of the date of the Agreement, and are no higher than those
charged the MEDICAL DIRECTOR'S most favored customer for the same or substantially similar
service.
14.24 Truth In Neaotiation Certificate. Signature of this Agreement by MEDICAL DIRECTOR
shall act as the execution of the truth-in-negotiation certificate certifying that the wage rates and
costs used to determine the compensation provided in this Agreement are accurate, complete
and current as of the date of the Agreement and no higher than those charged the MEDICAL
DIRECTOR's most favored customer for the same or substantially similar service.
14.25 Federal and State Tax. The COUNTY is exempt from payment of Florida State Use and
Sales Taxes. The COUNTY will sign an exemption certificate submitted by MEDICAL
DIRECTOR. The MEDICAL DIRECTOR will not be exempted from paying state sales tax to its
suppliers for materials used to fulfill contractual obligations with the COUNTY, nor is the
MEDICAL DIRECTOR authorized to use the County's Tax Exemption Number in securing such
materials.
14.26 Notice. All notices required in this Agreement shall be sent by mail, return receipt
requested, and shall be sent to the following:
For MEDICAL DIRECTOR:
Sandra Schemmer, D.O., FACOEP,FACEP
For COUNTY:
Clark Martin, Fire Chief
490 63rd Street (Ocean)
Marathon, Fl. 33050
and
Richard Collins, County Attorney
P.O. Box 1026
Key West, Fl. 33041-1026
IN WITNESS WHEREOF, the parties hereto have caused this MEDICAL DIRECTOR Contract to
be executed the day and year first above written.
(SEAL)
Board of County Commissioners of
Monroe County, Florida
Attest: Danny L. Kolhage, Clerk
Deputy Clerk
MCNi-{OE Cuui'Jl\' ATrORNEY Mayor MURRAY E. NELSON
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~NNE ft... HUTTON .
::;(:IST~~_~~~N.:.~~fessional Emergency Services, Inc.
Sandra Schwemmer, D.O.,
FACOEP,FACEP
by:
Witness
Witness