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09/21/1995 Agreement GOON?), 'o r c 'r &.;;,)* '� CU/pfi't / U : ... O~90 COU .F - ;Danny I. 1aot1jage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, F L O 3051 885 330770 TEL. (305) 289 -6027 KEY WEST, FLORIDA 33040 TEL. (305) 292 -3550 M E M O R A N D U M TO: Reggie Paros, Director of Public Safety Attn: Teresa Burgess, Emergency Medical Services FROM: Isabel C. DeSantis, Deputy Clerk ,D,C,t. DATE: October 11, 1995 At the September 21, 1995 meeting, the Board granted approval and authorized execution of a Contract between Monroe County and Professional Emergency Services (PES) to perform as Medical Director for Monroe County Emergency Medical Services, in the amount of $38,400. Attached hereto is a duplicate original of the subject document for return to the Medical Director. Should you have any questions concerning the above, please do not hesitate to contact me. cc: County Attorney County Administrator w/o document Risk Management w/o document Finance Director 1 i - MEDICAL DIRECTOR CONTRACT THIS CONTRACT, made and entered into effective this 21st day of September 1995 by and between the Board of County Commissioners, Monroe County, Florida, hereinafter referred to as the "COUNTY" and Professional Emergency Services,, hereinafter referred to as the "MEDICAL DIRECTOR ". W I T N E S S ,E;, T H : �� pp .11 WHEREAS, the COUNTY provides pre - hospital emergency md..cal services pursuant to Chapter 401, Florida Statutes, in theSfoll.9aing geographic areas: Cow Key Channel to Mile' Marker 95 on U. S.1,'"§out1D Bay Harbor Drive and Lobster Lane; also known as the Lower and Middle keys Fire and Ambulance District and Municipal Services Taxing District 5, 44d 70 t y N WHEREAS, the COUNTY is required by Section 401.2651,1 F1gida Statutes to employ or contract with a medical director who &t 11 tgh a licensed physician; a corporation, association or partnership composed of physicians; or physicians employed by any hospital which delivers in- hospital emergency medical services and which employs or contracts with physicians specifically for that purpose; and WHEREAS, the COUNTY wishes to contract with a MEDICAL DIRECTOR for the purpose of providing direction to the Emergency Medical Services; and WHEREAS, the MEDICAL DIRECTOR is licensed in the State of Florida and desires to provide professional services as the Monroe County Medical Director 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. Scope of the Work The Medical Director shall perform the services as described in Paragraph 5, in the Notice of Request for Proposals - Medical Director dated May 15, 1995, and as described in the Medical Director's Bid Proposal dated June 15, 1995, both of which are hereto attached and made part of this Agreement. 2. Term. This Contract shall become effective on October let, 1995 and shall run through September 30th, 1997, and shall be renewable thereafter at the option of the COUNTY for an additional one (1) year period. 3. Termination. This Contract may be terminated by either of the two parties without cause, upon not less than ninety (90) days written notice to the other. However, the Contract can be terminated immediately in the event that either party fails to fulfill any of the terms, understandings or covenants of this contract. 4. Purpose. The purpose of this Contract is to assist the COUNTY in operation of its emergency medical services system. 5. Duties and Responsibilities: The Medical Director shall be responsible to the EMS Department of the Division of Public Safety and report to the Emergency Medical Services Operations Manager. The Medical Director shall adhere to the responsibilities as set forth in Florida Statues 401, Medical Directors. These include supervising and assuming direct responsibility for the medical performance of the emergency medical technicians and paramedics operating for that emergency medical services system. The medical director shall perform duties including advising, consulting, training, counseling, and overseeing of services, but not including administrative and managerial functions. The Medical Director will provide 48 hours of formal training (lecture topics and dates listed under Scope of Service) which will allow each Monroe County EMT and Paramedic to fulfill the continuing education requirements for bi- annual State of Florida recertification. Additionally, a BLS -C, ACLS course, as well as required HIV -AIDS course will be given. Annually, the Professional Education Program will be evaluated for content, location, and dates. The Medical Director shall adhere to the duties and responsibilities as set forth in Florida Administrative Code 10D -66, Emergency Medical Services, Medical Direction. The Medical Director shall be available 24 hours a day for emergency consultations with system EMS providers. He /She shall carry a pager and be supplied a radio by the EMS Department. He /She shall respond in a timely manner to any pages from the Communications Center. In the event the Medical Director is unavailable he /she shall appoint a similarly qualified physician to cover all responsibilities. The Medical Director may appoint a qualified individual to perform certain duties and responsibilities as outlined in this agreement, upon approval of the EMS Operations Manager. Protocols: The Medical Director shall provide an annual documented review and revision of the pre - hospital treatment protocols and shall jointly approve each protocol prior to implementation. These protocols shall be developed with consideration to the fiscal impact of such protocols on the participating agencies and the citizens of Monroe County. Deviations from these protocols shall be reviewed by the Medical Director and appropriate corrective action shall be suggested to the EMS provider. Notification to State and local agencies shall be completed in accordance with the appropriate laws. Quality Assurances The Medical Director shall establish a quality assurance committee to provide for quality assurance review of all emergency medical technicians and paramedics operating under his /her supervision and function as an integral part of the County's Quality Assurance program. The Medical Director shall periodically review run reports for completeness and compliance with the established pre - hospital protocols. Each appointee to the Medical Director's staff shall function as an observer in an emergency unit a minimum of three hours per month. The Medical Director shall not be required to provide direct patient care during this activity. Local Disasters: In the event of a local disaster or impending emergency situation with the possibility of multiple casualties, the Medical Director or an appointee shall be available for emergency consultation. State Involvements The Medical Director shall become involved in the Florida Association of EMS Medical Directors. Cost Containments The Medical Director shall periodically review all policies and procedures for cost effectiveness. Providing state of the art emergency medical services to the citizens of Monroe County in the most cost effective manner should be a top priority of the Medical Director. Exposure Controls The Medical Director will assure that a comprehensive plan exists for prompt medical review of all possible infectious exposures reported by Monroe EMS personnel, and for post- exposure medical follow -up when indicated, in compliance with State and Federal requirements. The Medical Director or designee shall :. be available for consultations with field personnel to determine the significance of any body fluid exposure and to suggest appropriate action for such an exposure. 6. Compensation. (a) Payment for services provided shall be at the annual rate not to exceed $38,400 DOLLARS to be paid in twelve equal monthly payments. (b) Original Invoices shall be submitted for review by the COUNTY on or before the tenth (10th) calendar day of each month. The COUNTY's Public Safety Division Director or his designee shall verify the itiformation submitted and then process an original invoice for payment by the County Finance Office. (c) Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 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 a contract to provide any goods or services to a public entity, may not submit a bid on a contract 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, subcontractor, or consultant under a contract 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. Ethics Clause (Person or business entity) warrants that he /it had not employed, retained or otherwise had act on his /its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010 -1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020 -1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, it its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. Hold Harmless Clause Professional Emergency Services shall defend, indemnify and hold the COUNTY harmless, as outlined on the attached form identified as IND1, attached hereto and incorporated as part of this contract document. Insurance Professional Emergency Services will be responsible for all necessary insurance coverage as indicated by the attached form identified as MED2 attached hereto and incorporated as part of this Contract Document. • IN WITNESS WHEREOF, the parties hereto have set their hands on the date first written above at Florida. r , Monroe County, PROP ;$S I • ' AL EMERGENCY SERVICES BY* /4 411 -- 8 i",'..r I R, D.O. ■N H ess �.�Q Q , 4/1(ce). Witness BOARD Or COUNTY COeMMISSIONERS Or MOLAR COUNTY, BYe !'L"OR • J "Leg 4244 SEAL) MAYOR/ IAMMJ Attests DANNY L KOLHAGE, Clerk CLERIC AOVEDASmFn". L .eJ, .."1 • • ZO•d T00 oN TO:ZT S6'90 daS TS2 Z6Z S02:131 *A3Nd011U AINl03* PURCHASING - DEPT. ID:3052924515 AUG 30'95 12:29 No.011 P.02 REC tiVrit etv NY e u 1995 ruisiN NOTICE OF =vim FOR PROPOSALS NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on June 20 , 1995 at 10:00 a.m., at the office of the Director of Purchasing, a committee consisting of the Director of Purchasing, the County Administrator, the County his y designeey will open Division sealed Director of Public Safety, or proposals for the following: MEDICAL D I R E C T O R Emergency Medical Services, Monroe County, Florida District 1 and District 5 "SCOPE Or WORK" The services provided shall be as described in the RFP speci- fications and shall include but not necessarily be limited to the following: 1. The Medical Director shall be responsible to the EMS Department of the Division of Public Safety and report to the Director of the Division of Public Safety. 2. The Medical Director shall'COmply with the responsibili ties as set forth in Florida Statues 401, Medical Direc- tors. These include supervising and assuming direct responsibility for the medical performance of the emer- gency medical technicians and paramedics operating for that emergency medical services system. The medical director shall perform duties including advising, con- sulting, training, counseling, and overseeing of servic- es, but not including administrative and managerial functions. 3. The Medical Director shall comply with the duties and responsibilities as set forth in Florida Administrative Code 10D -66, Emergency Medical Services, Medical Direc- tion. 4. The Medical Director shall be available 24 hours a day for emergency consultations from system EMS provider. He /She shall carry a pager and be supplied a radio by the Division of Public Safety. He /She shall respond PURCHASING -DEPT. ID: 3052924515 AUG 30'95 12:29 No.011 P.03 I . . in a timely manner to any pages from the Communications Center. In the event the Medical Director shall be unavailable he /she shall appoint a similarly qualified physician to cover all responsibilities. All proposals must be received by the office of the Director of Purchasing, 5100 College Road, Public Service Building, Cross Wing, Room 4002, Stock Island, Key West, Florida 33040 on or before 10:00 a.m. on .rune 20 ' 1995. All proposals, including the recommendation of the County Administrator and the requesting Department Head, will be present- - , ed to the Board of County Commissioners of Monroe County, elen da, for final awarding or otherwise. The Board will automatically reject the bid of any person or affiliate who apprears on the convicted vendor list prepared by the Department of General Services, State of Florida, under Sec - tion 287.133(3)(d), F.S. (1989). All proposers must submit two (2) signed originals and one (1) complete copy of each proposal in a sealed envelope marked on the outside, "Sealed Proposal for Medical Director, Emergency Medical Services,. District 1 i 5 ". All proposals must remain valid for a period of ninety (90) days. Specifications and /or further information may be obtained by contacting Teresa L. Burgess, Emergency Medical Services, 490 63rd St., Suite 172, Marathon, Florida 33050, (305) 289 -6004. The Board reserves the right to reject any and all proposals, to waive informalities' in any or all proposals, and to readvertise for proposals. The Board also reserves the right to separately accept or reject any item or items of the proposal and to award and /or negotiate a contract in the best interest of the County. Dated at Key West, Florida, the 15th day of May 1995. R.M. COFER Director of Purchasing for Monroe County, Florida R SERVICES PROVIDED PES will provide the services as described in the Notice of Request for Proposals, Medical Director, Scope of Work, 1 -4, and the Duties and Responsibilities of the Medical Director as outlined in 10D- 66.0505,(4)a -m. Specific methodology, ideas will be detailed in the following approaches, cost saving will provide a program for exposure pcontrolAdandlocontinuing professional education. g Exposure control must be an'' 'area of focus as the OSHA requirements continue to change and the fines for non - compliance are extremely high. It is difficult to remain current in specialized areas that are changing rapidly. Recognizing this, PES brought on board an expert in exposure control and we are able to offer these additional services to the county. We are pleased to present a comprehensive program for continuing professional education. Lectures have already begun, given twice at two stations monthly, and will continue. This is an benefit' 'to the EMTs and Paramedics since we will the ir required recertification hours to them at no cost to them. Hopefully, this will improve morale and decrease employee turnover. PES proposes that Dr. Sandra Schwemmer continue to serve as the primary medical director for Monroe County EMS. She will have overall administrative and clinical responsibility for the fulfillment of the obligations as specified in 10 66.0505, and an additional responsibilities outlined in contract with Monroe County. Y Dr. Michael Stary will serve as secondary medical director. He will assume the responsibilities of medical director in Dr. Schwemmer's absence. He will be involved on an ongoing basis with all matters as they relate to Monroe EMS, so that continuit y of service will be maintained. He will be directly responsible for the supervision and direction of all continuing education activities and will serve as course director for any /all ACLS and other certification courses. Liz Woodward will serve as assistant to the medical director and in this capacity will provide the day to day communication, review and training of the field personnel and supervisors, coordinate all quality assurance activities. All of her duties and activities will be supervised by the medical director and will be subject to agreement and approval by the Department of Public Safety. l take charge of the continuing professional education proramSandwthe exposure control programs outlined herein. As an experienced ER nurse she will further the relationship with pre - hospital and hospital emergency medical care. Dr. Schwemmer, Dr. Stary, and Liz Woodward will be responsible to the Monroe County EMS and report to the Director of Public Safety, and be available 24 hours /day. 45 • CONTINUOUS QUALITY IMPROVEMENT GOAL STATEMENT: The Medical Director will assure that a comprehensive quality improvement plan exists and provides for the identification and monitoring of measurable quality indicators, for remediation of identified deficiencies, and for ongoing continuous quality review. METHODS: 1. Medical Treatment Protocols are currently being revised and significantly reformatted (see attached Index for Medical Treatment Protocols and Format for Protocols). It is anticipated that a final draft of the document will be completed and ready for management review by August 1, 1995. Multi- agency consensus has finally been reached, and the revised protocols will be utilized by all Monroe County EMS providers, Ocean Reef to Stock Island. Trauma Transport Protocols, due for revision this fall, will be developed specific for Monroe County EMS. A draft of protocols prepared by PES for another agency was recently accepted by the State and has already been provided to Monroe EMS. (See attached). 2. The Medical Director will develop a revised list of quality indicators relative to patient care and documentation, to reflect changes in the new Monroe County Treatment Protocols. EMS supervisory personnel will continue to be responsible for auditing all patient run reports based upon the current indicators and future identified indicators. Training and technical support will be provided by PES to supervisory personnel regarding these methods. 3. The Medical Director, or designee, will review all priority 1 patient records, and a random sample of not less than 25 % of all non - priority 1 patient records. 4. Protocol violations identified by the supervisory personnel during patient record audits will be immediately given Director for action. Patient records withqualitythindicator violations which do not represent returned to the field paramedic. Paramedics l with o quality indicator audit violations will be asked to respond in writing to the violation. 5. Statistics regarding quality indicator violations will be generated by the Medical Director's office, and will be used to identify training needs. The Medical Director or Liz Woodward will be available to assist with in -field remediation of identified deficiencies or any problems that might arise out of such violations. 6. One additional patient treatment quality indicator will be identified, and all patient records that month will be audited against this indicator to continuously monitor Paramedic field evaluation and treatment of patients. Statistics will be generated 46' I . based upon the findings of these audits and will be provided to the Director of Public Safety, or designee. These statistics will also be used to identify potential training needs. 7. The Medical Director, or designee, will accompany EMS supervisors and EMS crews during patient contacts for not less that 32 hours per month, in order to perform field assessment of EMS personnel performance. A written performance assessment of each individual during each patient ' contact observed will be documented. attached form). These assessments will be provided to the Operations Manager. 8. The Medical Director, or designee, will make recommendations to the Operations Manager regarding possible changes or additions to current equipment and medications for the purpose of improving crew safety, enhancing the quality of patient care, or reducing costs to the system. 9. The Medical Director will review the Pharmacy Policies and Procedures• and the handling of controlled substances to ensure compliance with State and Federal agencies regarding the dispensation and handling of controlled substances. The medication log including controlled substances will be reviewed monthly by the Medical Director or Liz Woodward. Any deviations in the controlled substance inventory, and or log will be reported immediately to the Medical Director. All requests for controlled substances will be made to the Medical Director and copies of all Form 222's issued will be kept in the office of the Medical Director. Any medication substitutions by Monroe EMS will be cleared through the Medical Director's Office, in order that the appropriate agencies may be notified, in accordance with 10D -66. 10. The Medical Director, or designee, will be available to assist with pre - employment screening of potential EMS employees, and will make recommendations to Monroe EMS regarding clinical competence. This has been very valuable in the past and we recommend that it be continued. 11. The Medical Director will meet EMS Administrative personnel and /or the Director of Public Safety quarterly to assist with the development of long range planning with regard to budgetary, operational, and system development issues, as well as healthcare changes locally and regionally that may impact the delivery of pre - hospital emergency medical care. 12. The Medical Director will meet with EMS Supervisory personnel monthly to review the delivery of pre hospital care assurance issues and provide assistance, if needed, with quother healthcare providers (physicians and hospitals) in order to minimize problems and encourage positive interactions. 47 CONTINUING PROFESSIONAL EDUCATION GOAL STATEMENT: The Medical Director will assure that a plan exists for the development and delivery of a comprehensive continuing professional education plan, which exceeds all Florida Administrative Code biennium recertification requirements, and fosters the enhancement of clinical skills for both EMT's and Paramedics. METHODS: 1. An annual plan for monthly continuing education offerings has been developed and was implemented in June 1995. This plan was designed to allow for the development and enhancement of both EMT and Paramedic knowledge base and clinical skills. Content areas were identified by analysis of community demographics, and review of call volume r and case mix for the previous twelve months. (See attached schedule). 2. Additional classes needed in order to meet FAC 10D -66, specifically, BLS -C, ACLS, and HIV /AIDS, will be offered during the recertification biennium. The services outlined are beyond the requirements of 10D- 66.0505 and are provided based upon identifying system needs over the years. 48 I ' EXPOSURE CONTROL GOAL STATEMENT: The Medical Director will assure that a comprehensive plan exists for prompt medical review of all possible infectious exposures reported by Monroe EMS personnel, and for post exposure medical follow-up p when METHODS: 1. The Medical Director, or designee, will review all reports of possible infectious exposure reports within 24 hours of receipt from the EMS agency. • 2. Confidential medical recommendations will be provided in writing to the EMS agency Designated Officer within 48 houts of receipt of the possible infectious exposure report. 3. Confidential medical recommendations will be provided in writin to the EMS employee within 48 hours of receipt of the e infectious exposure report. p possible 4. In the event that an actual exposure is identified, that Medical Director, or designee, will perform employee post- exposure counseling regarding recommended medical follow -up. 5. The Medical Director, or designee, will assist the agency Officer in arranging for post exposure medical follow-up, and will monitor the outcome of such testing. 6. The Medical Director, or designee, will assist the agency as needed with review and recommendations for changes to the existing exposure control plan on an annual basis, and as additional OSHA regulations become enforceable. 7. The Medical Director, or designee, will assist the a en Designated Officer as needed in the y oy continuing education programs relative planning c an infectious diseases. d 8. All records relative to medical review of possible infectious exposures and treatment of any actual exposures will be maintained in the Medical Director's office so as to strictly protect employee confidentiality. Records will be routinely available for revewb the agency Designated Officer, and properly authorized agents of regulatory agencies. g f By educating EM$ personnel to avoid risk exposure, consistent medical review of exposures, and p r ingvion p only significant exposures for further testing and treatment,we anticipate there will be fewer reports of injury, and therefore less potential testing and treatment, all of which will greatly reduce cost for Monroe County. 4r) • 1 1 COST PROPOSAL PES will rov' p ide all services described in the Scope of Services in this RFP for an 1 annual amount of $38,400 Breakdown of Annual Expenses: * Corporate Overhead: „Wability Insurance $3000. Paper, supplies, teaching materials Phone, long distance calls as related 500. to all aspects of service 1 Beeper Service 1000. Travel Expenses 500. ** Professional Personnel 1400. 31400. $38400. * Includes expenses for Dr. Schwemmer, Dr. Stary and Liz Woodward * *Professional Services estimated using the following rates: Liz Woodward @ $25.00 /hr. Dr. Schwemmer / Stary @ $75.00/hr. 68 • April 22. 1991 1'11' i:Lrn MONROE COUNTY, FLORIDA INSURANCE GUIDE TO CONTRACT ADMINISTRATION Indemnification and (cold Harmless for Suppliers of Goods and Services • "T he `' ender covenants and agrees to indemnify and hold harmless Monroe Count I3oarc County Commissioners from any and all claims far bodily injury (including y I c f and property damage (including property owned by Monroe County) and army other losses, injury damages, and expenses (including attorney's fees) which arise out of, in connection with, or reason of services provided by the Vendor or any of its Subcontractor(s) in any tier, occasion by the negligence, errors, or other wrongful act or omission of 'The Vendor or its in any tier, their employees, or agents. Subcontractors In the event the completion of the project (to include the work of others is delayed as a result of the Vendor's failure to purchase or maintain the required insurance, the Vendor sh indemnify the County from any and all increased Y d or suspended cased expenses rc ulting from such delay. all 1 h extent of liability is in no way limited to, reduced, or lessened by the insur contained e1scv }here within this agreement. Y ance requirements • • • IND1 Adminiativc rnttrudion t4 709 I • 16 ' t April 22. 1993 ` 1 1s1 Prinlinp i MEDICAL PROCESSIONAL LIABILITY INSURANCE REQUIREMENTS t FOR CONTRACT BEINVE MONROE C()UN'I'Y, FLORIDA AND • ?f Recognizing that the work governed by this contract involves the providing of professional medical treatment, the Contractor shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to the rendering of, or failure to render medical professional services under this contract. The minimum limits of liability shall be: $ 1,000,000 per Occurrence /$3,000,000 Aggregate If coverage is provided on a claims made basis, an extended claims reporting period of four (4) years will be required. k. is f 55 Wmi •ltr:etiveLnlnu1io'° MJ 4709 .1