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Item F04BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 17 2010 Division: Emergency Services Bulk Item: Yes X No _ Department: Fire Rescue Staff Contact Person: Camille Dubroff AGENDA ITEM WORDING: Approval to enter into an agreement between Variety Children's Hospital d/b/a Miami Children's Hospital LifeFlight, a critical care transport team, and Monroe County, as operator of the Trauma Star air ambulance program, to provide Miami Children's patients with air ambulance services with clinical personnel and equipment supplied by Hospital. ITEM BACKGROUND: Monroe County operates Trauma Star, an air ambulance that provides scene and interfacility transportation for critical care patients. Variety Children's Hospital d/b/a Miami Children's Hospital LifeFlight is requesting to enter into an agreement with Monroe County for Trauma Star to provide air ambulance services upon request by the Hospital. Miami Children's Hospital LifeFlight shall give Monroe County two (2) hours notice when air services shall be required. Hospital recognizes that Air Provider will be providing trauma scene transport, interfacility transports, and other missions critical to Monroe County; that the services described in this agreement are subject to availability of the air ambulance; and that Air Provider reserves the right to determine the priority of usage for the air ambulance at all times. Hospital shall provide the clinical crew and any specialized medical equipment that may be necessary. Miami Children's Hospital LifeFlight shall pay Monroe County for services rendered as defined in the air ambulance rate resolution. Monroe County will invoice Miami Children's Hospital LifeFlight for services rendered. Monroe County agrees not to bill any patient, third party payer or any other party whatsoever for services rendered and hospital shall have the sole exclusive right to bill parties. PREVIOUS RELEVANT BOCC ACTION: None. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval as written. TOTAL COST: NIA INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: NIA COST TO COUNTY: N/A SOURCE OF FUNDS: NIA REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year _ APPROVED BY: County AttVOMB/Purchasin&",-* Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 07/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Variety Children's Hospital d/b/a Miami Children's Hospital Life Flight Contract # Effective Date: 9/1/2010 Expiration Date: On -going Contract Purpose/Description: Agreement to provide Miami Children's Datients with air ambulance services with clinical personnel and equipment supplied by Hospital. Contract Manager: Camille Dubroff 6010 Emergency Services / Stop 14 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 11/17/2010 Deadline: 11/02/2010 CONTRACT COSTS Total Dollar Value of Contract: $ fj I q Current Year Portion: $ Budgeted? Yes❑ No ❑ Grant: $ County Match: $ Account Codes: ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e . maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date Out Division Director Risk Mana in t Date In Needed Yes❑ NoO-- Yes❑ Nog/ Reviewer l /d O.M.B./Purc ing IO�kO County Attorney Iq Yes❑ No Yes❑ No ti Comments: OMB Form Revised 2/27/01 MCP #2 AGREEMENT TO PROVIDE HELICOPTER AIR AMBULANCE SERVICES This Agreement to Provide Helicopter Air Ambulance Services ("Air Services") is entered into as of the 1 st day of September, 2010, by and between Variety Children's Hospital d/b/a Miami Children's Hospital ("Hospital") and Monroe County, Florida, as operator of the Trauma Star Air ambulance program ("Air Provider"). Whereas, Hospital desires to provide its patients with air ambulance services ("Air Services"); Whereas, Air Provider is licensed and qualified to render Air Services, with clinical personnel and equipment supplied by Hospital; Now therefore, the parties agree as follows: AGREEMENT 1. Air Provider shall render Air Services upon request by Hospital to patients designated by Hospital. Air Provider shall provide a qualified pilot (s) and aircraft to provide Air Services at the time designated by Hospital; provided, however, that Hospital shall give Provider at least 2 hour(s) notice that Air Services shall be required. Hospital recognizes that Air Provider will be providing trauma scene transport, interfacility transports, and other missions critical to Monroe County; that the services are subject to availability of the air ambulance; and that Air Provider reserves the right to determine the priority of usage for the air ambulance at all times. Hospital shall provide the clinical crew and any specialized medical equipment that may be necessary. 2. At all times during the term of this Agreement, Air Provider shall maintain all licenses, permits and other qualifications required by the state of Florida to render Air Services. Further, Air Provider warrants that its aviation certificate shall be in good standing with the Federal Aviation Administration, and that its aircraft shall be free from mechanical defects, fully serviced and in good repair at all times. 3. As its sole compensation for Air Services provided for Hospital and its patients, Hospital shall pay Air Provider. Air Provider shall not bill any patient, third party payer or any other party whatsoever for services rendered hereunder, and Hospital shall have the sole and exclusive right to bill such parties. 4. The parties acknowledge that, under applicable Medicare regulations, Hospital has professional responsibility for Air Services rendered to Hospital's patients. Hospital shall be responsible for maintaining medical records for patients transported; determining the medical necessity and appropriateness of Air Services; and performing quality assurance for patient services provided hereunder. Air Provider agrees to cooperate with Hospital in Hospital's performance of such functions, and shall comply with any reasonable request by Hospital for records, information required to perform patient billing including information to calculate accurate loaded mileage, and remedial action required as result of Hospital's review functions. Air Provider agrees to maintain the confidentiality of all patient information and to fully comply with all applicable laws governing patient confidentiality, including the HIPAA Privacy Rule and applicable state law. 5. Subject to the limitations of Section 768.28, Florida Statutes, Air Provider agrees to defend, indemnify and hold harmless Hospital and its employees, officers and agents from and against any and all claims, liabilities and expenses, including attorney's fees and costs, arising from any act or omission of Air Provider or its personnel; any breach of any term or provision of this Agreement; or any malfunction or defect of Air Provider's aircraft or equipment. Hospital agrees to defend, indemnify and hold harmless Air Provider and its employees, officers and agents from and against any and all claims, liabilities and expenses, including attorney's fees and costs, arising from any act or omission of Hospital or its personnel; any breach of any term or provision of this Agreement; or any malfunction or defect of equipment. 6. Hospital understands that Air Provider is self -insured through the Florida Municipal Insurance Trust in the following amounts: $5.0 million general liability, including medical attendants/medical directors' malpractice liability; $5.0 million errors and omissions liability. 7. This Agreement constitutes the full agreement of the parties regarding the subject matter hereof No amendment of this Agreement shall be effective unless in writing and executed by the parties. This Agreement may not be assigned by either party without the written consent of the other. This Agreement is intended solely for the benefit of the parties hereto and not for the benefit of any third party beneficiaries. In the event of any dispute arising from this Agreement, the prevailing party shall be entitled to an award of its reasonable attorney's fees and. costs. 8. This Agreement is effective as of the date specified above. Either party may terminate this Agreement upon thirty (30) days written notice. 9. Notice: Any notice that is required to be given under the terms of this Agreement shall be delivered via personal service or certified mail, return receipt requested, and addressed as follows: To Hospital: C. Wayne Cole Director, Supply Chain Administration Miami Children's Hospital 3100 S.W. 62 Avenue Miami, Florida 33155 To County: Fire Chief Monroe County Fire Rescue 490 63 St. Marathon, FL 33050 IN WITNESS WHEREOF, the parties have executed this Agreement, effective the day and year first above written. HOSPITAL: Miami Children's Hospital 3100 S.W. 62 Avenue Miami lorida 3 155 Date By: C�Ak Title: C. Wayne Cole, Direatnr, Supply Chain Management Miami Children's Hospital AIR PROVIDER: Monroe County, Florida Date By: Title: Mayor/Chairperson (SEAL) Attest: Danny L. Kolhage, Clerk By: Deputy Clerk MONROE COUNTY ATTORNEY ROV D AS T JYN-HIA L r ALL ASSISNT COTYo �l� RNEY D ate ��