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Item C04BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 17, 2011 Division: Emergency Services Bulk Item: Yes X No Department: Fire Rescue Staff Contact Person: Camille Dubroff X6010 AGENDA ITEM WORDING: Approval to award bid and enter into an Agreement between the Board of County Commissioners and the Board of Governors of Fire and Ambulance District 1 of Monroe County Florida and Professional Emergency Services Inc. to provide medical direction for Monroe County Fire Rescue pursuant to Chapter 401, F.S. and Chapter 64J-1, FAC. ITEM BACKGROUND: On June 8, 2011 sealed bids were opened for the professional services of a physician to provide medical direction for Monroe County Fire Rescue. A selection committee consisting of seven members met on July 13, 2011 to review the four bids by using a 100 point selection criteria system that was identified in the RFP. Points were assigned based on qualifications, experience, the quality of the RFP, references, annual costs and local preference. Professional Emergency Services Inc. came in on top with an average score from the committee of 89 points with the next closest bidder at 81 points. We are requesting that the Board accept the Professional Emergency Services Inc. bid and enter into a contract commencing on October 1, 2011 and ending September 30, 2013. The contract provides for the option to renew two (2) additional two year periods, with the approval of the District's governing Board. The previous contract was with Professional Emergency Services Inc. which expires on September 30, 2011. PREVIOUS RELEVANT BOCC ACTION: On February 16, 2011 the Board (BOCC) approved the advertisement of sealed bids for the professional services of a physician to provide medical direction for Monroe County Fire Rescue. CONTRACT/AGREEMENT CHANGES: Compensation for medical direction from the previous contact was changed from $64,492.00 to cover ground ambulance to $58,000.00 and from $30000.00 to cover air ambulance to $36,000.00 annually. STAFF RECOMMENDATIONS: Staff recommends approval as written. TOTAL COST: $94,000.00 Total INDIRECT COST: X BUDGETED: Yes X_No $58,000.00 ground and $36,000.00 air DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: 13001-530-340 - $29,000.00 11500-530-340 - $29,000.00 11001-530-340 - 36,000.00 REVENUE PRODUCING: Yes o X MOUNT PER MONTH Year APPROVED BY: County Atty O urc asing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 07/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Professional Emergency Contract # Services, Inc. Effective Date: Expiration Date: 10/01/2011 09/30/2013 Contract Purpose/Description: Award of agreement dated 10/01/2011 for medical direction for Monroe County Fire Rescue. Contract Manager: Camille Dubroff 6010 Emergency Services / Sto (Name) (Ext.) (Department/Stop #) for BOCC meeting on 08/17/2011 Deadline: 08/02/2011 CONTRACT COSTS Total Dollar Value of Contract: $ $94,000/ year Current Year Portion: $ _ Budgeted? Yes® No ❑ Account Codes: 13001-530-340- $29,000.00 Grant: $ 11500-530-340 $29,000.00 County Match: $ 11001- 530 340 - $36,000.00 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, sal CONTRACT REVIEW etc. 14 Changes Date Out Date In Division Director - / Needed eviev f Yes❑ No� L 1 Risk Manage t Yes[—]No❑`� F/ O.M.B./Purching Il Yes❑ Nr County Attorney \ Yes❑ No Comments: OMB Form Revised 2/27/01 MCP #2 3 OHO p Ln 'n z -< m 3 l0 -t%'< -n (A 3 rn D UM)-D Z D n C `4 c 7-M F-° D Z r M ,moo 3 (n > z j0 rn v, 3 c �" o n{ N= M D n .+ rn 3 r y to p rn z 01�1 z -I y rn v r m o G D 3 z n C c ~ m y y T3 ;0 v N O co 0 D p f�l C 3 D U) n m v m z - n S y m v z � n® O m o a rnC> Q z n zz z 03 003 70 n = -n A aZ o D > n ov � -4 O � aoHa C' l V (ll (Jl Ln 0 OZZ j Z Ci A v. ° Ln 00 %C O o %O c 3® m Q O O 0 O O 0 0 QD O Z~ la s co o 0 0 0 y Z 3 c ;v m N m a m n �0 '°� " m° O O o o a- > O m a = c_ r m W X n Q Cl -n " A y U-) ® m G. -nZ > O ®i Z r SQ -bar -61r -bg. -YI- Nn o Ln o r ,aWi ° s CL� o O o o D N 0000mo a 3 � Vj '~ m s z 0< z z 0 a s O z z z rn 0 0 m m ° t zn Ln ro th s CONTRACT BETWEEN THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND THE BOARD OF GOVERNORS OF FIRE AND AMBULANCE DISTRICT 1 AND PROFESSIONAL EMERGENCY SERVICES, INC. FOR MEDICAL DIRECTION FOR MONROE COUNTY FIRE RESCUE THIS CONTRACT is made and entered into this 17th day of August, 2011, by and between the Board of County Commissioners, The Board of Governors of Fire and Ambulance District 1 of Monroe County, Florida, hereinafter collectively referred to as the "COUNTY," and Professional Emergency Services, Inc., hereinafter referred to as "MEDICAL DIRECTOR". WITNESSETH: WHEREAS, COUNTY provides fire and/or emergency medical services pursuant to Chapter 401, F.S. and Chapter 64J-1, FAC; and WHEREAS, 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 Emergency Medical Services (EMS) and pre -hospital care experience, or a business entity that employs or contracts with similarly qualified physicians; and WHEREAS, COUNTY has determined it to be in the best interests of the residents of and visitors to Monroe County to contract with MEDICAL DIRECTOR for the purpose of providing direction to the Fire and Emergency Medical Services; and WHEREAS, MEDICAL DIRECTOR desires to provide professional services according to the terms and conditions stated herein. NOW THEREFORE, in consideration of the mutual understandings and Contracts set forth herein, COUNTY and MEDICAL DIRECTOR agree as follows: 1. Term This Contract shall become effective on October 1, 2011, and shall run through September 30, 2013, and shall be renewable thereafter at the option of COUNTY for two additional two (2)- year periods. 2. Compensation 2.1 Ground Ambulance MEDICAL DIRECTOR shall be paid at a rate of $58,000.00 annually to provide ground ambulance medical direction. Payments shall be made monthly in arrears by COUNTY pursuant to the Florida Local Government Prompt Payment Act after receipt of proper invoice submitted by MEDICAL DIRECTOR. 2.2 Air Ambulance MEDICAL DIRECTOR shall be paid at a rate of $36,000.00 annually to provide air ambulance medical direction. Payments shall be made monthly in arrears by COUNTY pursuant to the Florida Local Government Prompt Payment Act after receipt of proper invoice by MEDICAL DIRECTOR. Note: This payment is contingent upon COUNTY's decision to continue to operate air ambulance services under its ALS license, and if, for any reason, COUNTY decides not to continue to operate air ambulance EMS service under its ALS license, then MEDICAL DIRECTOR shall have no responsibility to serve as MEDICAL DIRECTOR for the air ambulance service and COUNTY shall have no liability for this portion of MEDICAL DIRECTOR's compensation. COUNTY will reimburse MEDICAL DIRECTOR for any direct expenses associated with meetings required by COUNTY or Monroe County Sheriff's Office. For the purpose of this paragraph, the term "direct expenses" means per diem or subsistence allowances, transportation costs or mileage allowances, and miscellaneous travel expenses, as those terms are defined by Section 112.061, Florida Statutes. All compensation shall be according to County Ordinance and State law. COUNTY will reimburse MEDICAL DIRECTOR for the yearly application fee required for renewal of the County's Drug Enforcement Administration (DEA) certificate, if the MEDICAL DIRECTOR has paid the application fee in advance on behalf of the COUNTY. 2.4 Invoices received from MEDICAL DIRECTOR shall be reviewed and approved by COUNTY Fire Chief or his designee, indicating that services have been rendered in conformity with the Contract, and then will be sent to the Finance Department for payment. 2.5 In order for both parties to close their books and records, MEDICAL DIRECTOR must clearly state "FINAL INVOICE" on 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 MEDICAL DIRECTOR. 2.6 Nothing in this Contract prohibits MEDICAL DIRECTOR from billing any third party for medical services rendered outside the scope of this Contract that may arise during or after the term of this Contract. 3. Purpose The purpose of this Contract is to assure compliance of COUNTY in Medical Direction of Monroe County Fire Rescue in accordance with the provisions of F.S., Chapter 401, and FAC Chapter 64J-1.004. 4. Duties and Responsibilities. 4.1 MEDICAL DIRECTOR shall be responsible to Monroe County Fire Rescue and report directly to the Fire Chief, and/or his/her designee. 4.2 MEDICAL DIRECTOR shall adhere to the responsibilities as set forth in Chapter 401, F.S., and Rule 64J-1.004, FAC; the applicable rules of any government agency implementing said chapter; and any duties upon written notice from the Florida Department of Health that such additional duties are required of MEDICAL DIRECTOR. These include supervising and accepting responsibility for the medical performance of all certified/license response personnel functioning within the scope of their official duties while on duty with Monroe County Fire Rescue (MCFR), including, but not limited to, members of volunteer fire department under contract with COUNTY and/or Monroe County Fire and Ambulance District 1. While these duties will typically occur within the geographical borders of unincorporated Monroe County and the City of Layton, they also include duties performed at the Key West International Airport, during mutual performed during mutual aid to requesting municipalities outside those geographical borders and while transporting patient to out of county medical facilities. For the purpose of this Contract, Dr. Sandra Schwemmer is the individual who meets the licensing and registration requirements of Chapter 401, F.S. and FAC Chapter 64J-1.004. 4.3 MEDICAL DIRECTOR shall be knowledgeable with the standards set by National Fire Protection Association, and in particular, Standard 1582: Standard on Comprehensive Occupational Medical Program for Fire Departments. 4.4 Standards of Care MEDICAL DIRECTOR shall establish and maintain standards of care for EMS providers. 4.4.1 MEDICAL DIRECTOR shall gather agency input in the review and development of standards of care on an annual basis, and establish and revise agency performance standards as necessary; 4.4.2 Develop pre -hospital practice parameters for Fire Rescue Personnel of all levels. The parameters shall be developed with consideration to budgetary and staffing limitations and the fiscal impact on MCFR and the citizens of Monroe County. 4.5 Patient Advocate MEDICAL DIRECTOR shall be a patient advocate in the fire rescue system, and shall ensure that all aspects of the EMS systems are developed to place the needs of the patient first. 4.6 Protocols and Standing Orders. 4.6.1 MEDICAL DIRECTOR shall develop, revise, implement, and maintain basic and advanced life support protocols and standing orders under which MCFR personnel will function under medical control. 4.6.2 MEDICAL DIRECTOR shall review and revise existing protocols and standing orders to ensure that they meet nationally accepted standards of practice for use by all system providers, which permit specified ALS and BLS procedures when communication cannot be established with a supervising physician, or when any delay in patient care would threaten the life or health of the patient. These standards include, but are not limited to, Advanced Cardiac Life Support (ACLS), Basic Trauma Life Support (BTLS), and Pediatric Advanced Life Support (PALS). In addition to medical treatment, protocols shall address determination of patient destination. 4.6.3 MCFR shall publish and distribute, at its own cost, all protocols and standing orders. The protocols and standing orders shall be published in a form consistent with agency Standard Operating Procedures. Copies of the protocols and standing orders will be maintained on all MCFR ambulances (air and ground) and ALS engines, and will be distributed to certified/licensed response personnel. Personnel copies may be provided electronically. MCFR shall obtain and retain a receipt from each personnel member verifying receipt of the protocols and any changes. These receipts may be electronic, and shall state clearly that each person is individually accountable and obligated to follow all rules, regulations and protocols. All protocols and standing orders shall become public domain upon implementation. 4.6.4 MEDICAL DIRECTOR shall develop, review, and revise, when necessary, Trauma Transport Protocols (TTP) for submission to the Florida Department of Health, Bureau of Emergency Medical Services for approval in accordance with Rule 64J-2, FAC. 4.6.5 MEDICAL DIRECTOR shall develop enhanced protocols for specialty procedures or services including but not limited to aeromedical (Trauma Star) transport. 4.6.6 MEDICAL DIRECTOR shall conduct an on -going review of all protocols and standing orders as may be necessary to ensure reliable service delivery, appropriate patient care, and the maintenance of the current standard of care. This shall include, at a minimum, a comprehensive annual review and written approval of all protocols and standing orders. While conducting the annual review, MEDICAL DIRECTOR shall take into consideration the results of quality assurance reviews, review of current medical literature, and input from MCFR response 2 personnel. Changes shall be developed with consideration to budgetary limitations and the fiscal impact on MCFR and the citizens of Monroe County. The annual review shall be completed and all proposed changes forwarded to the Fire Chief prior to the end of each Fiscal Year. 4.6.7 MEDICAL DIRECTOR shall ensure that appropriate training for new protocols and standing orders is conducted prior to implementation; shall ensure compliance with protocols and standing orders by all MCFR personnel; and ensure that additional training is conducted for any identified needs. 4.7 Availability. MEDICAL DIRECTOR or his/her previously -approved designee shall be available twenty-four (24) hours a day, seven (7) days a week for medical direction to MCFR personnel in order to resolve problems, system conflicts, and provide services in an emergency as that term is defined in Section 252.34(3), F.S. 4.8 Trauma Scorecard Methodologies. MEDICAL DIRECTOR shall ensure that all certified/licensed response personnel are trained in the use of the trauma scorecard methodologies, as provided in Chapter 64J-2.004, FAC, for adult trauma patients and 64J-2.005, FAC, for pediatric trauma patients. 4.9 Aeromedical Operations 4.9.1 MEDICAL DIRECTOR shall participate in Trauma Star safety and quality assurance committees, and shall attend quarterly meetings to review safety policies, procedures, unusual occurrences, safety issues, and audit compliance with safety policies and procedures. 4.9.2 Be knowledgeable with aeromedical requirements of patients and evaluate each patient in person, by telephone, or by delegated written protocol prior to each interfacility transfer flight for the purpose of determining that the aircraft, flight and medical crew, and equipment meet the patient's needs. 4.10 Oversight of Medical Qualifications And Proficiency of MCFR Personnel 4.10.1 MEDICAL DIRECTOR shall ensure initial and continued medical qualifications and proficiency of MCFR personnel. 4.10.2 MEDICAL DIRECTOR shall establish and periodically update the minimum personnel training standards and certification requirements for all MCFR personnel who provide emergency medical care. Such standards shall include the requirements for orientation and initial training, continuing medical education, standards for professional conduct and evaluation standards and procedures. 4.10.3 9 MEDICAL DIRECTOR shall ensure that all field personnel meet the initial requirements and continuously comply with established standards to attain and maintain approval to operate within the MCFR system. 4.10.4 MEDICAL DIRECTOR shall establish procedures for issuance, renewal, suspension, and revocation of practice privileges for MCFR personnel in concert with the Fire Chief, to include a process for remediation. The procedures shall contain due process provisions and all such provisions shall be approved, in advance, by the Fire Chief. 4.10.5 MEDICAL DIRECTOR shall provide for direct observation of field level providers while performing their duties that meets or exceeds Section 401.265, F.S., and Rule 64J-1.004, FAC. 4.11 Quality Assurance 4.11.1 MEDICAL DIRECTOR, in coordination with MCFR, shall develop, implement, and maintain an effective patient care Quality Assurance System to assess the medical performance of all certified/licensed MCFR response personnel. 4.11.2 MEDICAL DIRECTOR shall develop, implement, and supervise a formal patient care Quality Assurance System in accordance with Section 401.265(2), F.S. and Rule 64J-1.004, FAC, to include the formation and supervision of a quality assurance committee. 4.11.2.1 The purpose and tone of the quality assurance review process shall be positive and educational; however, MEDICAL DIRECTOR may, at any time and without limitation, conduct a quality assurance review investigation or audit to ensure that MCFR personnel comply with the Protocols and Standard of Care. 4.11.2.2 The method and extent of the investigation employed during any given quality assurance review shall be determined by MEDICAL DIRECTOR in consultation with the Fire Chief. As a result of said investigation, MEDICAL DIRECTOR may require remedial training of MCFR personnel and/or revocation of practice privileges. Remedial training may be conducted by MEDICAL DIRECTOR, MCFR personnel, or other personnel at MEDICAL DIRECTOR's discretion. 4.11.3 MEDICAL DIRECTOR or designee may also conduct special audits in response to observations or customer feedback provided by patients, family members, caregivers, bystanders, crew members, physicians and hospital personnel. 4.11.4 MEDICAL DIRECTOR may also develop procedures for routine auditing of EMS system performance and adherence to protocols on individual EMS incidents and overall EMS system compliance. 4.11.5 MEDICAL DIRECTOR or designee shall review, in conjunction with MCFR battalion chiefs or their designees, patient care reports on an ongoing basis; review all protocol deviations and initiate or recommend corrective action. MEDICAL DIRECTOR or designee shall review at least 40 patient care reports per month. MCFR shall provide electronic copies of patient care reports. 4.11.6 MEDICAL DIRECTOR shall periodically visit and communicate with the hospital emergency departments to exchange information and review the quality of care provided by the MCFR personnel. 4.11.7 MEDICAL DIRECTOR shall participate in field activity and system monitoring to include the following: 4.11.7.1 Ride along and observe field activity. Ride along shall involve observation and evaluation of field level providers, and participation as a crew member/observer on a rescue, for a minimum of twelve (12) hours per quarter. Ride time will be divided into thirds, with one third of the time (four hours minimum) allocated to each shift. Over the course of the year, ride time shall also be distributed equally among the various stations. 4.11.7.2 System monitoring shall include visiting fire stations to discuss issues with MCFR personnel. 4.11.8 MEDICAL DIRECTOR shall document in a quarterly status report to the Fire Chief, evidence of the following required activities: 4.11.8.1 Field observation of MCFR personnel; and 4.11.8.2 Visitations and interactions with MCFR personnel, hospital emergency department staff, and other medical and public safety personnel for quality assurance and education activities. 4.12 Educational Programs 4.12.1 MEDICAL DIRECTOR shall participate in educational programs at all levels, to include all certified/licensed response personnel. 4.12.2 MEDICAL DIRECTOR or designee shall present a minimum of ten (10) hours a year of continuing medical education related to pre -hospital care or teaching or a combination of both. 4.12.3 MEDICAL DIRECTOR shall actively participate in the development and presentation of EMS continuing education programs by identifying educational topics, presenting lectures and providing other educational opportunities for the enhancement of the fire rescue system. MCFR shall pay the actual direct cost of any course materials, instructors, and certificates. 4.12.3.1 Education should be geared to reach the specific needs of the audience. As some providers are volunteers, consideration shall be given to scheduling some training on nights or weekends. 4.12.3.2 Course content should include system -specific issues and items resulting from audit and review. 4.12.4 Where MEDICAL DIRECTOR is not the presenter, and training services are conducted by other COUNTY personnel and/or are subcontracted to an outside provider, MEDICAL DIRECTOR will ensure the quality of the Continuing Medical Education (CME) training provided to EMS personnel by: 4.12.4.1 Reviewing and approving all curriculum and courses for continuing education units (CEU's) prior to MCFR personnel being trained; 4.12.4.2 Monitoring and auditing at least one (1) class session of every CME course held in which MEDICAL DIRECTOR is issuing CME; and 4.12.4.3 Evaluating the educational effectiveness of instruction, courses and programs in consultation with the CME contractor. 4.12.5 MEDICAL DIRECTOR shall host an annual six -hour education seminar, conducted twice on two different shift days, at a location to be determined jointly by MEDICAL DIRECTOR and COUNTY. MCFR shall pay the actual direct cost of seminar, including course materials, instructors, and certificate preparation. 4.12.6 MEDICAL DIRECTOR shall maintain necessary and appropriate instructor certifications and participate as Medical Director for educational programs sponsored by MCFR such as ACLS, PALS, BTLS, etc. 4.12.7 Upon proof of completion, MEDICAL DIRECTOR shall sign documents and approve CME to those EMT's and EMT-P's that have completed a minimum of 30 hours of biannual recertification training, as set forth in Section 401.2715, F.S. 4.13 Agency Liaison 4.13.1 8 MEDICAL DIRECTOR shall participate in interagency discussions about specific issues or problems as necessary. 4.13.2 MEDICAL DIRECTOR shall notify MCFR of any pertinent concerns regarding patient care raised by other agencies and provide advice on a resolution. MEDICAL DIRECTOR shall also notify other agencies of any concerns regarding patient care, raised either by MCFR or MEDICAL DIRECTOR. 4.13.3 MEDICAL DIRECTOR shall develop and maintain liaisons with the local medical community: hospitals, emergency departments, mental health agencies, physicians, providers, ambulance services, and other agencies impacting MCFR. 4.13.4 MEDICAL DIRECTOR shall assist in resolution of problems involving the delivery of pre - hospital care and other services in accordance with Rule 64J-1.004, FAC. 4.13.5 MEDICAL DIRECTOR shall interact with and educate local government officials on an as needed basis. 4.13.6 MEDICAL DIRECTOR shall participate in the Florida EMS Medical Director's Association or a statewide physician's group involved in pre -hospital care, 4.13.7 MEDICAL DIRECTOR shall be an active member of at least one national emergency medicine constituency group such as the National Association of EMS Physicians, the American College of Emergency Physicians, etc. 4.13.8 MEDICAL DIRECTOR shall interact with county, regional, state and federal authorities, regulators and legislators to ensure standards, needs, and requirements are met, and resource utilization is optimized. 4.13.9 MEDICAL DIRECTOR shall participate in grant application process for system funding, expansion, and research. 4.14 Stress Management Programs. MEDICAL DIRECTOR shall participate in stress management programs for providers within the system, as needed. 4.15 Community Access to Healthcare Initiatives. MEDICAL DIRECTOR, in conjunction with MCFR, shall coordinate community access to healthcare initiatives such as public access to automatic external defibrillators. ig 4.16 EMT Oversight. 4.16.1 In accordance with Rules 64J-1.004 (g) and (h), FAC, Assume direct responsibility for: the use of an automatic or semi -automatic defibrillator; the use of a glucometer; the administration of aspirin; the use of any medicated auto injector; the performance of airway patency techniques including airway adjuncts, not to include endotracheal intubation; and on routine interfacility transports, the monitoring and maintenance of non -medicated I.V.s by an EMT. 4.16.2 MEDICAL DIRECTOR shall ensure that all EMTs are trained to perform these procedures; shall establish and/or maintain written protocols for performance of these procedures; and shall provide written evidence to the Florida Department of Health documenting compliance with provisions of these administrative rules. 4.17 Disaster Assistance and Planning 4.17.1 MEDICAL DIRECTOR shall be available for consultation and/or response during a disaster situation occurring in Monroe County. 4.17.2 MEDICAL DIRECTOR shall function as a liaison between field EMS operations, hospitals and public health agencies during disaster situations. 4.17.3 MEDICAL DIRECTOR shall provide specific information to assist in the mitigation of the EMS aspects during a disaster situation. 4.17.4 MEDICAL DIRECTOR shall cooperate in planning, updating, and following applicable sections of the Monroe County Comprehensive Emergency Management Plan, including, but not limited to, participation in disaster drill and emergency management drills. 4.18 Controlled Substances, Medical Equipment and Supplies. 4.18.1 In accordance with F.S., Chapter 401 and Rule 64J-1.004(4)(c), FAC, MEDICAL DIRECTOR shall possess proof of current registration as a medical director with the U.S. Department of Justice, DEA, to provide controlled substances to an EMS provider. The DEA registration shall include each address at which controlled substances are stored. Proof of such registration shall be maintained on file with MCFR, which shall maintain the copies and make them readily available for inspection. MCFR will forward all renewal documents as received from DEA to MEDICAL DIRECTOR in order to ensure continuous registration and will reimburse MEDICAL DIRECTOR for the cost of such registration. Copies of physician license and registrations must be provided to MCFR. 4.18.2 U MEDICAL DIRECTOR shall formulate and ensure adherence to detailed written procedures to cover the purchase, storage, use, and accountability for medications, fluids, and controlled substances used by MCFR personnel, in accordance with Chapters 499 and 893, F.S., and Rule 64J-1.021, FAC. 4.18.3 MEDICAL DIRECTOR shall ensure and certify that security procedures of all MCFR providers for medications, fluids and controlled substances are in accordance with Chapters 499 and 893, F.S., and Rule 64J-1.021„ FAC. 4.18.4 MEDICAL DIRECTOR shall establish a list of mandatory equipment, medications and medical supplies that must be on board a Rescue or ALS Engine for it to respond to EMS incidents. 4.18.5 MEDICAL DIRECTOR shall advise MCFR on appropriate staffing, structural requirements, equipment and supplies necessary to ensure that the air ambulance complies with Rule 64J- 1.005, FAC, and Section 401.251(4), F.S. 4.18.6 MEDICAL DIRECTOR shall conduct an on -going and comprehensive review of all EMS medical equipment, medications and medical supplies as may be necessary to ensure reliable service delivery in the fire rescue System and excellence in patient care. 4.18.6.1 In conducting the review, MEDICAL DIRECTOR shall take into consideration the results of Quality Assurance Reviews, review of medical literature, input from interested physicians, and MCFR personnel. 4.18.6.2 MEDICAL DIRECTOR, in conjunction with MCFR, shall complete the comprehensive review of all EMS System medical supplies and equipment and present the proposed changes to the Fire Chief for approval prior to the end of each Fiscal Year. 4.18.7 MEDICAL DIRECTOR shall ensure that the following criteria are met prior to activating new medical equipment or supplies within the EMS System: 4.18.7.1 Proposed medical equipment or supplies have been thoroughly researched, supported by medical literature, a field evaluation completed when applicable, and the analysis of available system data; 4.18.7.2 All Protocols related to the medical equipment or supplies have been evaluated and updated as appropriate, to ensure consistency and accuracy; and 4.18.7.3 Protocols, supporting documents and implementation instructions are distributed to MCFR personnel prior to training or implementation, and training has been completed, if necessary prior to implementation. 4.19 Infectious Disease Control Policy 4.19.1 MEDICAL DIRECTOR shall formulate, monitor, evaluate and update as necessary, a policy complying with all applicable laws and rules necessary to control exposure of MCFR personnel to infectious diseases. This policy shall cover protective measures to be taken on incidents, inoculation procedures and recommendations, record keeping, follow up care recommendations as well as storage and disposal policies for contaminated materials. 4.19.2 MEDICAL DIRECTOR shall be available, in conjunction with the MCFR Infection Control Officer, for consultation from field personnel to determine the significance of any body fluid exposure and suggest appropriate action for such an exposure in accordance with Monroe County Fire Rescue's existing Workers' Compensation policies and procedures. 4.20 This Contract is a personal services contract based on the qualifications of Dr. Sandra Schwemmer and the services required hereunder shall be performed by Professional Emergency Services Inc. or under his/her supervision. Any additional personnel necessary for the fulfillment of the services required under this Contract 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. Insurance 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 Professional and General Liability certificate will specify coverage for "EMS oversight/medical direction". COUNTY will provide certificate or proof of such insurance to 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 COUNTY during the term of this Contract. COUNTY will be responsible for the payment of any deductible and/or self -insured retention in the event of a claim. The Contractor shall be responsible for all necessary Workers' Compensation and Vehicle Liability insurance coverage. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of contract, with Monroe County BOCC listed as additional insured as indicated. Policies shall be written by insurers admitted and licensed to do business in the State of Florida and having an agent for service of process in the State of Florida. Companies shall have an A.M. Best rating of VI or better. The required insurance shall be maintained at all times while Respondent is providing service to County. Prior to commencement of work governed by this contract, the CONTRACTOR must obtain: 12 Worker's Compensation Insurance with limits sufficient to respond to applicable state statutes. In addition, the Respondent must obtain Employer's Liability insurance with limits of not less than: $500,000 Bodily Injury by accident, $500,000 Bodily Injury by Disease policy limits, and $500,000 Bodily Injury by Disease, each employee. Coverage must be maintained throughout the entire term of the contract. Prior to commencement of work governed by this contract, the CONTRACTOR must obtain: Vehicle Liability Insurance which shall cover owned, non -owned and hired vehicles. The minimum acceptable limits shall be $300,000 Combined Single Limit (CSL). If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $50,000 Property Damage Monroe County Board of County Commissioners shall be named as an Additional insured on Vehicle Liability policies. 6. Termination 6.1 Early termination may occur as follows: A. This Contract may be terminated by MEDICAL DIRECTOR, with or without cause, upon not less than ninety (90) days written notice delivered to COUNTY. B. COUNTY may terminate this Contract in whole or in part and without cause, upon not less than ninety (90) days written notice, delivered to MEDICAL DIRECTOR. C. 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. 6.2 At such time as this Contract is terminated, whether at the natural ending date or at an earlier time, 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 COUNTY. D. Continue and complete all parts of that work which have not been terminated, if any. 7. Payments a Payments shall be made by COUNTY pursuant to the Florida Local Government Prompt Payment Act after the completion of the rendered services and proper invoicing by MEDICAL DIRECTOR. 8. Contingency COUNTY's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Board of County Commissioners. 9. Section Headings Section headings have been inserted in this Contract as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Contract and will not be used in the interpretation of any provision of this Contract. 10. Ownership of the Project Document Any documents submitted by MEDICAL DIRECTOR for this RFP belong to COUNTY and may be reproduced and copied without acknowledgement or permission of MEDICAL DIRECTOR. 11. Successors and Assigns MEDICAL DIRECTOR shall not assign its right hereunder, except its right to payment, nor shall it delegate any of its duties hereunder without the written consent of COUNTY. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 12. No Third Party Beneficiaries Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 13. Public Entities Crimes 13.1 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 contracts 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 MEDICAL DIRECTOR 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 of the F.S., for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 14 13.2 By signing this Contract, MEDICAL DIRECTOR represents that the execution of this Contract will not violate the Public Entity Crimes Act (Section 287.133, F.S.). Violation of this section shall result in termination of this Contract and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. 13.3 In addition to the foregoing, MEDICAL DIRECTOR further represents that there has been no determination, based on an audit, that it or any SUBCONTRACTOR has committed an act defined by Section 287.133, F.S., as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. 13.4 MEDICAL DIRECTOR will promptly notify COUNTY if MEDICAL DIRECTOR or any subcontractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 14. Records MEDICAL DIRECTOR shall maintain all books, records, and documents directly pertinent to performance under this Contract 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 Contract for the purpose of conducting a complete independent fiscal audit. MEDICAL DIRECTOR shall retain all records required to be kept under this Contract for a minimum of five years, and for at least four years after the termination of this Contract. Storage of medical records required by Federal or State statute in excess of the times stated herein and subsequent to the termination of this Contract shall be revisited by the parties at such time as any transition period is established to accommodate the termination of this Contract. MEDICAL DIRECTOR shall keep such records as are necessary to document the provision of services under this contract and expenses as incurred, and give access to these records at the request of 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. 15. Governing Law, Venue, Interpretation, Costs, and Fees This Contract shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. IR In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Contract, COUNTY and MEDICAL DIRECTOR agree that venue shall lie in Monroe County, Florida, in the appropriate court or before the appropriate administrative body. The Parties waive their rights to a trial by jury. This Contract is not subject to arbitration. 16. Severability If any term, covenant, condition or provision of this Contract (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Contract, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Contract shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Contract would prevent the accomplishment of the original intent of this Contract. COUNTY and MEDICAL DIRECTOR agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 17. Attorney's Fees and Costs COUNTY and MEDICAL DIRECTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Contract, 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 attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Contract shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 18. Binding Effect The terms, covenants, conditions, and provisions of this Contract shall bind and inure to the benefit of COUNTY and MEDICAL DIRECTOR and their respective legal representatives, successors, and assigns. 19. Authority Each party represents and warrants to the other that the execution, delivery and performance of this Contract have been duly authorized by all necessary County and corporate action, as required by law. 20. Claims for Federal or State Aid MEDICAL DIRECTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Contract; provided that all E applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 21. Adiudication of Disputes COUNTY and MEDICAL DIRECTOR agree that all disputes shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. 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 or remedy as may be provided by this Contract or by Florida law. 22. Cooperation In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Contract, COUNTY and MEDICAL DIRECTOR 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 Contract or provision of the services under this Contract. COUNTY and MEDICAL DIRECTOR specifically agree that no party to this Contract shall be required to enter into any arbitration proceedings related to this Contract. 23. Nondiscrimination MEDICAL DIRECTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Contract automatically terminates without any further action on the part of any party, effective the date of the court order. MEDICAL DIRECTOR and COUNTY agree to comply with all Federal and F.S., and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 1201), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity 17 or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Contract. 24. Covenant of No Interest MEDICAL DIRECTOR and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Contract, and that only interest of each is to perform and receive benefits as recited in this Contract. 25. Code of Ethics MEDICAL DIRECTOR agrees that officers and employees of COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, F.S., 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 or use of certain information. 26. No Solicitation/Payment MEDICAL DIRECTOR and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of the provision, MEDICAL DIRECTOR agrees that COUNTY shall have the right to terminate this Contract without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 27. Public Access MEDICAL DIRECTOR and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, F.S., and made or received by MEDICAL DIRECTOR and COUNTY in connection with this Contract; and COUNTY shall have the right to unilaterally cancel this Contract upon violation of this provision by MEDICAL DIRECTOR. 28. Non -Waiver of Immunity Notwithstanding the provisions of Section 768.28, F.S., the participation of MEDICAL DIRECTOR and COUNTY in this Contract and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by COUNTY be required to contain any provision for waiver. Z 29. Privileges and Immunities All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of COUNTY, when performing their respective functions under this Contract within the territorial limits of COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of COUNTY. 30. Legal Obligations and Responsibilities This Contract is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Contract is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 31. Non -Reliance by Non -Parties No person or entity shall be entitled to rely upon the terms, or any of them, of this Contract to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and MEDICAL DIRECTOR MEDICAL DIRECTOR and COUNTY agree that neither MEDICAL DIRECTOR nor COUNTY or any agent, officer, or employee of either 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 Contract separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Contract. 32. Attestations and Truth in Negotiation MEDICAL DIRECTOR agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. Signature of this Contract by MEDICAL DIRECTOR shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Contract are accurate, complete, and current at the time of contracting. 33. No Personal Liability No covenant or Contract contained herein shall be deemed to be a covenant or Contract of any member, officer, agent or employee of COUNTY in his or her individual capacity, and no member, officer, agent or employee of COUNTY shall be liable personally on this Contract or be subject to any personal liability or accountability by reason of the execution of this Contract. 19 34. Execution of Counterparts This Contract 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 Contract by signing any such counterpart. 35. Amendments and Assignments. No amendment or assignment of this Contract shall be valid without the prior written consent from COUNTY. 36. Independent 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 Contract 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. 37. Compliance with Law. In carrying out its obligations under this Contract, MEDICAL DIRECTOR shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provisions of this Contract, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this Contract and shall entitle COUNTY to terminate this Contract immediately upon delivery of written notice of termination to MEDICAL DIRECTOR. 38. Licensing and Permits. MEDICAL DIRECTOR shall have, prior to commencement of work under this Contract and at all times during said work, all required licenses and permits whether federal, state, county or municipal. 39. Signatures of Parties Required. THIS CONTRACT 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. 40. County Authority. 20 By execution hereof the signer below hereby certifies that signer is duly authorized to execute this Contract on behalf of the COUNTY. 41. Federal and State Tax. COUNTY is exempt from payment of Florida State Use and Sales Taxes. COUNTY will sign an exemption certificate submitted by MEDICAL DIRECTOR. MEDICAL DIRECTOR will not be exempted from paying state sales tax to its suppliers for materials used to fulfill contractual obligations with COUNTY, nor is MEDICAL DIRECTOR authorized to use COUNTY's Tax Exemption Number in securing such materials. IN WITNESS WHEREOF, each party hereto has caused this contract to be executed by its duly authorized representative. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK LE Deputy Clerk INN Approved by MONROE COUNTY on BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FL By Mayor/Chairman BOARD OF GOVERNORS OF FIRE AND AMBULANCE DISTRICT 1, OF MONROE COUNTY, FLORIDA Mayor/Chairman Name and Address of Respondent: Professional Emergency Services, Inc. Dr. Sandra Schwemmer 10 High Point Road PO Box 379 TavernieTlr- 07 By: Signature of Respondent m Print Name and Title Date: i d 2011, Item # R SECTION TWO: FORMS Attachment A Submission Response Form from Request for Proposal. Attachment B Non -Collusion Affidavit Attachment C Public Entity Crime Statement Attachment D Drug Free Workplace Form Attachment E Lobbying & Conflict of Interest Clause Sworn Statement under Ordinance No. 10-1990 (Ethics Clause) Attachment F Indemnification and Hold Harmless Attachment G Insurance Documents Attachment H Local Preference Form SUBMISSION PROPOSAL RESPONSE FORM MEDICAL DIRECTOR for MONROE COUNTY FIRE RESCUE Respondent's Name and Address: 31 Tit 1, Telephone Numbers: All amounts must be written AND in number format. In case of a conflict between the amount in words and the amount in numbers, the amount in words shall control. Annual fee to provide medical direction for ground ambulance service: Annual fee to provide medical direction for air ambulance service: e C.1 - 3c- , cicclI , a ask" liv i. Miscellaneous charges (specify whether the charges ar per year, or one-time only): C.j C C�WlF 0 i'i IG I . E i-ic- rra�,bL !- djj�,4; $ t - -, i i d [Tt III I I T, L -�+U I Dc� f I rc C �­;C; e t", LL A - �b re repvlbruc,)? V I have included: • Proposal • Submission Response Form o Non Collusion Affidavit • Public Entity Crime Statement • Lobbying and Conflict of Interest Clause Form • Drug Free Workplace Form o Indemnification and Hold Harmless o Local Preference Forrn (Check mark- items above, as a reminder that they are included). I state that I am authorized to submit this proposal. STATE OFIJIU�_116� j L (Signature of spondent) COUNTY OF, kl M _L:� (k I -) % - Date PERSONALLY APPEARED BEFORE ME, the undersigned authority,_0 t fGI who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of AIL61U 20 My commission expires: NOTARY PUBLIC LISA AL I F 4 M; MY COMMISSION EE 067841 EYPIRES: March 22,2ol 5 �7 .4ttachmenr A B=W Thru No:tary % 74 PW)k Ur&,w4m3 NON- COLLUSION AFFIDAVIT I -fV( Krr 5 vn& I &1zuct 11,'/ff iztflwthe city of a oinvie.( r L 70 accor ' g to law on my oath, and under penalty of fer ury, depose and say that; 1) 1 am UC 'Ja id CA Sc itwCiv (I'Ll" the respondent making the Proposal for the project described as follows: kl e r l2 Uidfiul ' t rCG-c i- Lam. lA cp 2) The prices in this proposal have been arrived at independently without collusion, consultation, communication or Contract for the purpose of restricting competition, as to any matter relating to such prices with any other respondent or with any competitor; 3) Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the respondent and will not knowingly be disclosed by the respondent prior to proposal opening, directly or indirectly, to any other respondent or to any competitor; and 4) No attempt has been made or will be made by the respondent to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5) The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the tt ments contained in this affidavit in awarding contracts for said project. STATE OF rlh r i C A- � }' 4 V L— (Signature of Respondent) COUNTY OF &')m Y 5 1� 1 I I Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, 0 �. SO-1-YVIT. SC11 bCM 1 Y1�-,e who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of /y"to J My commission expires:+M NOTARY PUBLIC / `' `°_' WCMMSSION#EEOF 41 ". ti EXPIRES: Match 22, 2015 OMB -MCP FORM #1 ?gF N+�Y� Attachment B=^a' 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 proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as a bidder, supplier, subbidder, or RESPONDENT 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, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." By executing this form, I acknowledge that I/my company is in compliance with the above. STATE OF f I COUNTY OF PCt ( YLL Net (Signature of Respondent) -5,1i ?-/ 1s Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, Dr. Sa.nGG`P, Scluu&-mne-r who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of Mtt tj , 20 / l A01PAi:1-1-1 My commission expires: NOTARY PUBLIC y ILLOM V'`"`; MY C� 18" EXPIRES: Match M V 5 IWUWily �u�a DRUG -FREE WORKPLACE FORM The undersigned Respondent in accordance with Florida Statute 287.087 hereby certifies that: .1 tL i v ..... — — --------- (N-a—m-e-ol' 'Business) J-cf I Cr(t 1. Publishes a statement notifying employees that the unlawful manufacture, distributio tispensing, possession, or use of a controlled substance is prohibited in the workpla tv and specifying the actions that will be taken against employees for violations of su prohibition. i 2. Infonns employees about the dangers of drug abuse in the workplace, the business policy of maintaining a drug -free workplace, any available drug counselin rehabilitation, and employee assistance progams, and the penalties that may be imposli. upon employees for drug abuse violations. I 3. Gives each employee engaged in providing the commodities or contractual servic that are under proposal a copy of the statement specified in subsection (1). 1 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendre to, any violation of Chapter 893 (Flofida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's conununity, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to qmomp s IT I ateent, I certify that this firm clies fully wi the above reuirements. Respondents Signature 6714 Date OMB MCP FORM P5 Attachment D LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE It-0&u L vtie warrants that he/it has not employed, retained or otherwise had ct on sits behalf any former County officer or employee in violation of Section 2 of 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 this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full t of y fee, commission, percentage, gift, or consideration paid to the former Co er employee. ( (Signature) Date: STATE OF br1da COUNTY OF . U m Qka{ PERSONALLY APPEARED BEFORE ME, the undersigned authority, or. Sun 6tr a 5L' •h I, t;M 1Y1tr who, after first being sworn by me, affixed his/her Signature (name of individual signing) in the space provided above on this day of 1��a {! , 2011 • NOTARY PUBLIC My commission expires: 0,3/gal/ G- OMB - MCP FORM #4 Attachment E V'LISAM.LOWRIE MY COMMISSION # EE M7841 EXPIRES: March 22, 2015 BMW Thru Notary Public Un* mkm MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION u : `►lil:\71 Indemnification and Hold Harmless for Other Bidders and Subbidders The Bidder covenants and agrees to indemnify and hold harmless Monroe Board of County Commissioners, its servants, agents and employees from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Bidder or any of its Subbidder(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of The Bidder or its Subbidders in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Bidder's failure to purchase or maintain the required insurance, the Respondent shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Respondent is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Contract. Date s Signature Attachment F VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT MEDICAL DIRECTOR BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non -Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Attachment G (I of 2) WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT MEDICAL DIRECTOR BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self -insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. Attachment G (2 of 2) MAY-16-2011 16:54 From: To:561 999 1273 P.1/2 ALLSTATE FIRE AND CASUALTY Home Office Northbrook, Illinois Insured: SANDRA SCHWEMMER City: TAVERNIER INSURANCE COPPoANcy NumberCa941938551lendar Date: 95�16�2011 Address: 160 KEY HGHTS DR St: FL Zip: 33070 Home: 305 - 852 - 9778 ADD ITEM INTERESTED PARTY Item Interested Party on 2008 RX400H JTJHW31U982062563 Dir Code: MCBOCC 1100 SIMONTON STREET KEY WEST FL 33040 THIS REQUEST IS SUBJECT TO POLICY TERMS AND IS EFFECTIVE ONLY IF THE POLICY NOTED ABOVE IS CURRENTLY IN FORCE Effective 04 : 54 PM 05 / 16 / 2011 icy o er s ignat 051833 070 305-245-8488 ?en s ign a Agent # Location Agent's Phone # SAR42-12 Page 1 of 1 MAY-16-2011 16:54 From: To:561 999 1273 P.2'2 Print Key Output 5761SS1 V6R1M0 080215 A4000038 Display Device . . . . . : OPADEV012Z User . . . . . . . . . . . S303393 Page 1 05/16/11 17:09:42 Insured: SANDRA SCHWEMMER Pol. No.: 941938561 09114 Home: ( 00 ) 852 - 9778 ** ITEM COVERAGES ` 08 RX400H AA Bodily InJ�ury S 250/50U S 250/500 250/500 250/500 100 --� BB Property Damage ST UM/UIM Bodily Injur S 100 100/300 100 S 100/300 00 1 0/300 100/300 SV UM/UIM Non -Stacking CC Medical Payments DD Collision (Ded) S 500 S 500 500 500 HH Comprehensive (Ded) 250 250 250 250 HG Fire/Light/Tran/The JJ Towing, Labor MCC) UU Rental Reimb. (Day) S 30 S 30 30 30 ZA Sound System (Occ) VA PIP (Ded) 2 2 - 2 ' PIP Plan 2 - - Make All Physical Damage Limits Consistent. N (ENTER) CONTINUE (F1) HELP (F3) QUIT (F6) PEND Add Other Misc. Coverages: N WAIISMt'e. *u%. Vaal haW. SCOTT GORMK HNGURANCG AGENT 126 NE Sh STREET 07 HOMESTEAD. Fl 330 W S 17os) 245-USS - FAX (M) 2454M Vendors claiming a local preference according to Ordinance 023-2009 must pomplete this form. Name of Bidder/Responder �i ,� G SSr ® KeF ( CuE $'q—tc!j Date: S' 1f (I • .�LaLcJ-fGc `JGr/� Ll✓Eid �L 6".L--:-(r 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one year prior to the notice or request forbid or proposal? ' Q S (Please furnish copy. ) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County? y `j T List Address: Offi�-�k t�r� 1 i�'� oci o� l Gi 1 0i(-n ( Telephone Number: �) o-S 4 S ( g B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? AO If yes, please provide: 1. Copy of Receipt of the business tax paid to -the Monroe County Tax Collector by the subcontractor dated at least one year prior to the notice or request for bid or proposal. 2. Subcontractor Address within Monroe County from which the subcontractor operates: Tel. Number J Prise Name:- • Signatur ' and Title of Authorized Signatory for cC r �t"O•(l'`J51 Bidder/Responder STATE OF e I Or ld, (- COUNTY OF Pri I M &C(Ch On this 1�t day of N , 20 11 , before me, the undersigned notary public, personally appeared ®�, ` S 1-, known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above Local Preference Form for the purposes therein contained. Notary Public = S 1EE 1 *eMamh 22,2015 Print Name My commission expires: o Seal Attachment H