Item H1 H.1
y;+ ' "tr, BOARD OF COUNTY COMMISSIONERS
County of Monroe , Mayor Michelle Coldiron,District 2
��
{sJ ` °' Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
September 15, 2021
Agenda Item Number: H.1
Agenda Item Summary #9664
BULK ITEM: No DEPARTMENT: Fire & Ambulance District 1 Board of
Governors
TIME APPROXIMATE: STAFF CONTACT: Steven Hudson (305) 289-6342
NA
AGENDA ITEM WORDING: BOG approval of a two (2) year contract with Professional
Emergency Services, Inc., for a Medical Director of Monroe County Fire Rescue with an increase
from $54,000 to $55,000 per year for air ambulance medical direction, the same annual cost of
$58,000 for ground ambulance medical direction and the option to renew for two (2) additional 2-
year periods at an increase in cost of up to five percent (5%). This contract is pursuant to the
exemption from the competitive bidding process for professional services under Chapter 4 of the
purchasing policies and procedures.
ITEM BACKGROUND:
Monroe County Fire Rescue's (MCFR's) existing contract with Professional Emergency Services,
Inc. for a Medical Director of Monroe County Fire Rescue will expire on September 30, 2021.
Per Chapter 4 of the Monroe County Purchasing Policy, Purchase of Professional Services,
because differences in price may only be a minor concern compared to qualitative considerations,
as can be the case with medical services, Professional Services may be exempted by the BOCC
from the competitive bidding process. In accordance with the Purchasing Policy, MCFR
is requesting BOCC exemption approval from the competitive bidding process and BOG
approval for a two year contact with Professional Emergency Services, Inc. agreement for a Medical
Director of Monroe County Fire Rescue.
The contract with Professional Emergency Services, Inc. is for an initial term of two (2)years for the
period October 1, 2021 through September 30, 2023 with an increase from $54,000 to $55,000 each
year for air ambulance medical direction and the cost of ground ambulance medical direction
remaining at $58,000 per year. The contract also provides for two (2) optional 2-year periods at an
increase of up to five percent(5%).
PREVIOUS RELEVANT BOCC ACTION:
On June 8, 2011, sealed bids were opened for the professional services of a physician to s
provide medical direction for Monroe County Fire Rescue. Professional Emergency Services,
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Inc. was chosen by a selection committee consisting of seven (7) members on July 13, 2011.
On October 16, 2013, the BOCC (Item C.34) and BOG (Item G.2) granted approval for execution
of the lst Renewal Option of the Contract between the BOCC, the BOG, and
Professional Emergency Services, Inc. effective October 1, 2013 expiring September 30, 2015.
On September 16, 2015, the BOCC (Item C.47) and BOG (Item G.5) approved and exercised the
2nd and Final Renewal Option of the contract between the BOCC, the BOG, 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, resulting in the contract
being extended and a new expiration date of September 30, 2017.
On July 19, 2017, the BOCC (Item C.10) and BOG (Item H.2) granted approval for an
amendment and extension to the existing agreement with Professional Emergency Services, Inc.
to include additional medical oversight in the expansion of the Trauma Star secondary air
transport ambulance with a new expiration date of September 30, 2020.
On August 19, 2020, the BOCC (Item C.10) and BOG (Item H.2) granted approval for an
amendment and extension to the existing agreement with Professional Emergency Services, Inc.
with a new expiration date of September 30, 2021.
CONTRACT/AGREEMENT CHANGES:
Contract with Professional Emergency Services, Inc. for Medical Director of MCFR with an
increase in cost for air ambulance medical direction.
STAFF RECOMMENDATION: Approval of the exemption to the purchasing policies and
procedures and approval of the contract.
DOCUMENTATION:
PES Renewal Contract- Expires 09.30.2023
PES Insurance Letter- Worker's Compensation
PES - Auto Insurance Waiver
FINANCIAL IMPACT:
Effective Date: 10/01/2021
Expiration Date: 09/30/2023
Total Dollar Value of Contract: $113,000.00 annually; $226,000.00 for the initial contract term
Total Cost to County: $113,000 annually; $226,000 for the initial contract term
Current Year Portion: $113,000.00
Budgeted: Yes
Source of Funds: 141-11500 and 101-11001
CPI: Up to five percent(5%) increase for the two optional 2-year periods
Indirect Costs: N/A
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Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount: N/A
Grant: N/A
County Match: N/A
Insurance Required: Yes
Additional Details: N/A
Annual increase in cost from $54,000 to $55,000 in air ambulance medical direction for each
year of the initial two (2)year contract term. The annual cost for ground ambulance medical
direction remains the same at$58,000. At the County's option, the contract can be renewed for
two (2) additional 2-year periods at an increase in cost of up to five percent(5%).
09/15/21 141-11500 - FIRE& RESCUE CENTRAL $116,000.00
Initial 2 Year Contract Cost
09/15/21 101-11001 - MEDICAL AIR TRANSPORT $110,000.00
Initial 2 Year Contract Cost
Total: $226,000.00
REVIEWED BY:
Pedro Mercado Completed 08/30/2021 9:03 AM
Steven Hudson Completed 08/30/2021 9:44 AM
Purchasing Completed 08/30/2021 10:27 AM
Budget and Finance Completed 08/30/2021 11:07 AM
Maria Slavik Completed 08/30/2021 11:08 AM
Liz Yongue Completed 08/30/2021 2:24 PM
Board of County Commissioners Pending 09/15/2021 9:00 AM
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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 2
THIS CONTRACT is made and entered into this 15th day of September 2021, by and
between the Board of County Commissioners, The Board of Governors of Fire and Ambulance
District l of Monroe County, Florida,hereinafter collectively referred to as the "COUNTY," and
Professional Emergency Services,Inc., hereinafter referred to as"MEDICAL DIRECTOR'.
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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 0
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
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WHEREAS, MEDICAL DIRECTOR desires to provide professional services according to Ci
the terms and conditions stated herein. a)CD
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, 2021, and shall run through September 30,
2023 (Initial Term),and shall be renewable thereafter at the option of COUNTY for two additional
two (2)-year periods.
Upon expiration of the Initial Term, COUNTY may renew the contract for up to two additional
two (2)-year periods at an increase in the compensation rate of up to five percent (50/0) over the LU
prior Initial Term,unless otherwise agreed by the parties. CL
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2. Compensation
2.1 Ground Ambulance
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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 e
MEDICAL DIRECTOR shall be paid at a rate of$55,000.00 annually to provide air ambulance 2
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 e
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.
2.3 2
Physician "peer to peer" services for collection of denied medical claims will be paid, subject to
administrative review, at a rate of$250.00/hour in order to collect funds that would otherwise be
unpaid.
2.4
2
COUNTY will reimburse MEDICAL DIRECTOR for any direct expenses associated with
meetings required by COUNTY or Monroe County Sheriffs 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 N
State law. N
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2.5 CD
a. MEDICAL DIRECTOR will be provided a county phone and any other equipment required as
approved by the Chief of Fire Rescue.
b. 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.
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2.6 _
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.
2.7
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
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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.
2.8
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. 2
3. Purpose 2
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. -
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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.
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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 writted 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 ca
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 Ci
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. L xU
4.3
MEDICAL DIRECTOR shall be knowledgeable with the standards set by National Fire Protection
Association, and in particular; Standard1582: 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.
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4.4.2
Develop pre-hospital practice parameters for Fire Rescue Personnel of all levels. The parameters
shall Abe 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. 2
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 Ci
retain a receipt from each personnel member verifying receipt of the protocols and any changes. y
These receipts may be electronic, and shall state clearly that each person is individually 2
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 LU
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
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of the current standard of care. This shall include, at a minimum, a comprehensive annual review
ands 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 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. 2
4.6.7 2
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 2
resolve problems, system conflicts, and provide services in an emergency as that term is defined
in Section 252.34(3),F.S.
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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, N
and shall attend quarterly meetings to review safety policies, procedures, unusual occurrences, C,
safety issues,and audit compliance with safety policies and procedures. e'
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.
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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 E
MEDICAL DIRECTOR shall establish and periodically update the minimum personnel training
standards and certification requirements for all MCFR personnel who provide emergency medical
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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
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 2
the MCFR system. 2
4.10.4 2
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 c
provisions shall be approved, in advance, by the Fire Chief.
4.10.5
MEDICAL DIRECTOR shall provide for direct observation of field Ievel providers while
performing their duties that meets or exceeds Section 401.265,F.-S., and Rule 64J-1.004,FAC. 2
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 N
include the formation and supervision of a quality assurance committee.
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4.11.2.1 CD
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 c
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 DIRECTORs 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,
crewmembers,physicians and hospital personnel.
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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 U
compliance.
4.11.5
MEDICAL DIRECTOR or designee shall review, in conjunction with MCFR battalion chiefs or 2
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 Ieast 40
patient care reports per month. MCFR shall provide electronic copies of patient care reports.
4.11.6 c
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:
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4.11.7.1
Ride along and observe field activity as a crewmember on a rescue as needed.
System monitoring shall include visiting fire stations when needed to discuss issues with MCFR
personnel.
4.11.8 ca
MEDICAL DIRECTOR shall document in a quarterly status report to the Fire Chief, evidence of N
the following required activities:
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4.11.8.1 a)
Reporting on issues identified with MCFR personnel; and
4.11.8.2 LU
Communicating with hospital emergency department staff, and other medical and public safety
personnel for quality assurance and education activities.
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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 oversee a minimum of ten (10) hours a year of
continuing medical education related to pre:hospital care or teaching or a combination of both.
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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 c,
providing other educational opportunities for the enhancement of the fare rescue system. MCI~R
shall pay the actual direct cost of any course materials, instructors, and certificates.
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4,12.3.1 2
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. 6
4.1.2.3.2
Course content should include system-specific issues and items resulting from audit and review. c
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4.12A CL
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 duality of the Continuing Medical Education (CME) training provided to EMS
personnel by:
4.12.4.1
Reviewing and approving all curriculurn and courses for continuing education units (CEU's) prior° 76
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
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4.12.4.3 cV
Evaluating the educational effectiveness of instruction, courses and programs in consultation with
the CME contractor,
4.12.5
MEDICAL DIRECTOR shall maintain necessary and appropriate instructor certifications and
participate as Medical Director for educational programs sponsored by MCFR such as AC:LS,
PALS, 13TI-S, etc.
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4.12.
Upon proof of completion, MEDICAL DIRECTOR shall sign documents and approve CME to
those E MT's and EMT- 's that have completed a minimum of 30 hours or the required hoUrs for
biannual recertification training, as set forth in Section 401.2715, F.S.
4.13 Agency Liaison
4.13.1
MEDICAL DIRECTOR shall participate in interagency discussions about specific issues or m
problems as necessary.
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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 U
other agencies of any concerns regarding patient care, raised by either MCFR or MEDICAL
DIRECTOR.
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4.13.3 2
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 e
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 inform local government officials on an as needed 2
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. N
4.13.8 C,
MEDICAL DIRECTOR shall interact with county, regional, state, and federal authorities, CD
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regulators and legislators .to ensure standards, needs, and requirements are met, and resource
utilization is optimized when necessary.
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4.13.9
MEDICAL DIRECTOR shall .participate in grant application process for system funding, 2
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 as needed.
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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 U
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 2
monitoring and maintenance of non-medicated I.V.s by an EMT.
4.16.2 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 2
situation occurring in Monroe County.
4.17.2 c
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.
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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 limitedCD
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 2
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.
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4.18.2
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
641-1.021,FAC.
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4.18.3 2
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 e
MEDICAL DIRECTOR shall approve 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, 2
equipment and supplies necessary to ensure that the air ambulance complies with Rule 64J-1.005,
FAC, and Section 401.251(4), F.S.
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4.18.E
MEDICAL DIRECTOR shall conduct an on-going and comprehensive review of allEMS 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 when requested.
4.18.6.1 ca
In conducting the review, MEDICAL DIRECTOR shall take into consideration the results of N
Quality Assurance Reviews, review of medical literature, input from interested physicians, and c„
MCFR personnel. Ci
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4.18.6.2
MEDICAL DIRECTOR, in conjunction with MCFR, shall assist in the comprehensive review of
all EMS System medical supplies and equipment and present the proposed chan_es to the Fire U g
Chief for approval prior to the end of each Fiscal Year.
4.18.7
0
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
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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 U
to implementation.
4.19 Infectious Disease Control Policy 2
4.19.1 2
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 ru
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. e
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 2
Fire Rescue's existing Workers' Compensation policies and procedures.
4.20
This Contract is a professional 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.
N
S. Insurance
COUNTY shall maintain in full force and effect for the term of this Contract,and any subsequent C,
renewals,professional and General Liability Insurance with minimum Iimits of$1,000,000.00 per a)
occurrence. The Professional and General Liability certificate will specify coverage for "EMS
oversight/medical direction".
X
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.
12
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H.1.a
Prior to commencement of work governed by this contract, the CONTRACTOR must obtain:
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 Iess
than:
$500,000 Bodily Injury by accident, 2
$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
0
Monroe County Board of County Commissioners shall be named as an Additional insured
on Vehicle Liability policies. 0
b. 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 N
than ninety(90)days written notice, delivered to MEDICAL DIRECTOR. N
C. COUNTY may terminate this Contract immediately in the event that MEDICAL C,
DIRECTOR fails to fulfill any of the terms,understandings or covenants of this Contract. a)
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. 2
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
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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.
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H.1.a
8. Contingency
COUNTY's performance and obligation to pay under this Contract is contingent upon an annual
appropriation by the Board of County Commissioners. ca
9. Section_HeadinM
Section headings have been inserted in this Contract as a matter of convenience of reference only, o
and it is agreed that such section headings are not a part of this Contract and will not be used in 2
the interpretation of any provision of this Contract.
10. Ownership of the Project Document
Any documents submitted by MEDICAL DIRECTOR for this professional services contract
belong to COUNTY and may be reproduced and copied without acknowledgement or permission o
of MEDICAL DIRECTOR.
CL
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 N
public entity crime may not submit a bid on contracts to provide any goods or services to a public C,
entity, may not submit a bid on a contract with a public entity for the construction or repair of a 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. 2
0
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.
CL
13.3
In addition to the foregoing, MEDICAL DIRECTOR further represents that there has been no E
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
14
Packet Pg. 1372
H.1.a
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. 2
14. Records ru
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 o
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 ca
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 N
their agents and representatives. N
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15. Governing Law,Venue,Interpretation a)
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.
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 CL
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
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Packet Pg. 1373
H.1.a
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. Attorneys 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 2
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. c
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18. Binding Effect CL
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
applications, requests,grant proposals, and funding solicitations shall be approved by each party N
prior to submission. c„
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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
0
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 CL
related to this Contract.
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Packet Pg. 1374
H.1.a
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 VII of the 2
Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis
of race,color,religion, sex, and 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 91616),as amended, relating to nondiscrimination
on the basis of alcohol'abuse or alcoholism; 7)The Public Health Service Act of 1912, §§ 523 and 2
527 (42 USC §§ 690dd-3 and 290ee-3),as amended,relating to confidentiality of alcohol and drug
abuse patient 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 §§ 12101), as amended from time to time,
relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code
Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion,
national origin, ancestry, sexual orientation, gender identity 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 Agreement. ca
M
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24. Covenant of No Interest
MEDICAL DIRECTOR and COUNTY covenant that neither presently has any interest, and shall C,
not acquire any interest,which would conflict in any manner or degree with its performance under CD
a)
this Contract, and that only interest of each is to perform and receive benefits as recited in this
Contract.
X
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 CL
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
17
Packet Pg. 1375
H.1.a
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, U
commission,percentage, gift, or consideration.
27. Public Access
MEDICAL DIRECTOR and COUNTY shall allow and permit reasonable access to,and inspection 2
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.
0
28. Non-Waiver of Immunity
Notwithstanding the provisions of Section 768.28, F.S., the participation of MEDICAL CL
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 2
entered into by COUNTY be required to contain any provision for waiver.
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. ca
N
30. Legal Obligations and Responsibilities
This Contract is not intended to,nor shall it be construed as,relieving any participating entity from C,
any obligation or responsibility imposed upon the entity by law except to the extent of actual and a)
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 CL
this Contract separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Contract.
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Packet Pg. 1376
H.1.a
32. Attestations and Truth in_Nezotiation
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 ca
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 0
compensation pursuant to the Contract are accurate, complete, and current at the time of c
contracting. 2
33. No Personal Liability ru
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 c
any personal liability or accountability by reason of the execution of this Contract.
CL
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 N
employees, contractors, servants or agents to the employees of the Board of County N
Commissioners of Monroe County, and they shall be entitled to none of the rights, privileges or C,
benefits of employees of Monroe County. a)
CD
37. Com fiance with Law.
In carrying out its obligations under this Contract, MEDICAL DIRECTOR shall abide by all X
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.
CD
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.
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H.1.a
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 c�
OF MEDICAL DIRECTOR AT ITS PRINCIPAL PLACE OF BUSINESS.
40. County Authori
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 Tag.
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.
42. Notices-Any notice of other communication from either party to the other pursuant to this
agreement is sufficiently given or communicated if sent by registered mail, with proper postage
and registration fees prepaid,addressed to the party for whom intended,at the following addresses: U
0
For County: For Medical Director:
County Administrator Dr. Sandra Schwemmer
1100 Simonton Street 10 High Point Road
Key West,FL 33040 PO Box 379
And Tavernier,FL 33070
Monroe County Attorney's Office
111.1 12th St., Suite 408
Key West,FL 33040
Ci
or to such other address as the party being given such notice shall from time to time designate to a)
the other by notice given in accordance herewith.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK �`
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20
Packet Pg. 1378
H.1.a
IN WITNESS WHEREOF,each party hereto has caused this contract to be executed by its
duly authorized representative.
(SEAL) BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FL
ATTEST: KEVIN MADOK,CLERK 2
By: By:
As Deputy Clerk Mayor/Chairman
0
BOARD OF GOVERNORS OF
FIRE AND AMBULANCE DISTRICT 1, LU
OF MONROE COUNTY,FLORIDA
By:
Mayor/Chairman
0
0
PROFESSIONAL RGNCY
WITNES
SE
S: SERVICES, INC.
By: "tom By:
Witness Dr, d an a mer Schwem
Ec;n &FLc.rf!c
Print Name and THLJ
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Date:
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By: �� y
�tnes �
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ri t N e and Title
Date: _ ala -1,
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CL
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H.1.a
c�
SECTION TWO:
FORMS
c
Attachment A Public Entity Crime Statement
Attachment B Drug Free Workplace Form
Attachment C Lobbying&Conflict of Interest Clause Sworn Statement under Ordinance
No. 10-1990(Ethics Clause)
Attachment D Indemnification and Hold Harmless
CL
Attachment E Insurance Documents
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0
2
cv
cv
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CD
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CL
22
Packet Pg. 1380
H.1.a
Attachment A
PUBLIC ENTITY CRIME STATEMENT
0
"'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
constriction 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, CL
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 Umy company is in compliance with the above.
0
o
STATE OF &Oda- >
kaignature of Respondent)
COUNTY OF a
Date
ca
PERSONALLY APPEARED BEFORE ME,the undersigned authority,
who,after first being sworn by me,(name of
individual signing)affixed his/her signature in the space provided above on this
day of Avq u., 4 - - ,20-Z 2
expires: junk itv4.7
NOTARY PUBLIC sraa'�v�r sa�dz� uru�o�Rw o
ZMEL HH/ucgslwwoJ J0
aPNmd)a ams-�R44d�i¢;o f c8
a5f16b SIM
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23
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H.1.a
Attachment B
c�
DRUG-FREE WORKPLACE FORM
0
The und n acc ,rdance F Iori a Statute 287,087 hereby certifies that:
(Name of Busine94
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition. CL
2. Informs employees about the dangers of drug abuse in the workplace,the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
0
3. Gives each employee engaged in providing the commodities or contractual services that are o
under proposal a copy of the statement specified in subsection(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 (Florida Statutes) or of any controlled (13
substance law of the United States or any state,for a violation occurring in the workplace no later 04
than five(5)days after such conviction.
Ci
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or
CD
rehabilitation program if such is available in the employee's community, or any employee who is Ch
so convicted. 2
0.
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6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation
of this section.
As the person authorized to sign statement,I certify that this firm complies fully with the above
requirements.
Re and nts Signature
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Date
OMB-MCP FORM 45
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H.1.a
Attachment C
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO.104990
MONROE COUNTY,FLORIDA
ETHICS CLAUSE
warrants that he/it has not employed, retained or
otherwise had act on his4tt behilf any former County officer or employee in violation of Section c
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 CL
discretion,terminate this contract without liability and may also,in its discretion, deduct from _
the contract or parch 'ce,or o erwise recover,the full amount of any fee,commission,
percentage,gift,or ration aid to the former County officer or employee,
0
(Signature)
0
Dater
0
STATE OF .< 0
COUNTY OF
PERSONALLY APPEARED BEFORE ME,the undersigned authority,
fir•• Ci
%ln,u}-al m�t' who,after first being sworn by me,affixed his/her
Signature(name of individual signing)in the space provided above on this Z day of
.rt 20\ LU
NOTARY PUBLIC
My commission expires:
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LLM
EM
cw-rw��
pubtiu-suOMH-MCP FORM#4 COMmisAMpCL
gym.Ewes Jen 7.1'Y
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H.1.a
Attachment D
MONROE COUNTY,FLOREI)A
RISK MANAGEMENT
POLICY AND PROCEDURES 2
CONTRACT ADMINISTRATION
MANUAL
Indemnification and Hold Harmless
0
The Medical Director covenants and agrees to indemnify and hold harmless the Monroe County
Board of County Commissioners, its servants, agents and employees from any and all claims for CL
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 Medical Director or any
of its employees, subcontractors, or agents, in any tier,and occasioned by the negligence, errors,
or other wrongful act or omission of the Medical Director,its employees,subcontractors or agents,
in any tier.
The extent of liability is in no way limited to,reduced,or lessened by the insurance requirements o
contained elsewhere within this Contract.
2
146spondent's Signature
N
Date
N
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0
CL
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H.1.a
Attachment E
VEHICLE LIABILITY
INSURANCE REQUIREMENTS c
FOR
CONTRACT MEDICAL DIRECTOR
BETWEEN 2
MONROE COUNTY,FLORIDA
AND 0
PROFESSIONAL.EMERGENCY SERVICES,INC.
CL
Recognizing that the work governed by this contract requires the use of vehicles,the Medical
Director,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:
0
Owned,Non-Owned, and ITiired Vehicles
2
The minimum limits acceptable shall be:
$300,000 Combined Single Limit(CSL)
If split limits are provided,the minimum limits acceptable shall be:
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$100,000 per Person ry
$300,000 per Occurrence C,
$50,000 Property Damage a;
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
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Packet Pg. 1385
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Attachment E
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT MEDICAL DIRECTOR
BETWEEN
MONROE COUNTY,FLORIDA
AND o
PROFESSIONAL EMEREGENCY SERVICES,INC. CL
Prior to the commencement of work governed by this contract,the Medical Director shall obtain
Workers'Compensation Insurance with limits sufficient to respond to the applicable state statutes.
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In addition,the Medical Director shall obtain Employers'Liability Insurance with limits ofnot 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.
ca
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
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If the Medical Director has been approved by the Florida's Department of Labor, as an authorized Ci
self-insurer, the County shall recognize and honor the Medical Director's status. The Medical
Director may be required to submit a Letter of Authorization issued by the Department of Labor
and a Certificate of Insurance, providing details on the Medical Director's Excess Insurance
Program.
If the Medical Director 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.
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Packet Pg. 1386
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PROFESSIONAL EMERGENCY SERA -S
Approved Risk Management ent .
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August 20, 2022
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3-2 -201 2
To Whom It May Concern; @
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Professional Emergency Services Inc. has no employees at this time and with less than 4 employees and
does not purchase Worker's Compensation/Employers Liability insurance as permitted by Florida `0
Statutes. U.
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Professional Emergency Services does not have commercial vehicles and does not carry commercial
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general liability insurance.
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Please contact me should you have any further questions.
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Sincerely,
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Sandra Schwemmer, Q.O. F - , ACEP °-
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President,
Professional Emergency Services, Inc. ca
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10 High Point Rd. • P.O. Box SI,7q • Tavernier, FL 33070 •
Packet Pg. 1387
H.1.c
2019 Editkm
MONROE COUNTY,FLORIDA
REQUE5T FOR WAVER OF INSURANCE REQUIREMENTS
It is requested that the insurance requirements,as specified in the CounWs 5chedtdc of Ins nme
Requirements,be waived or modified on tie fallowing contract.
Cantraetorivendot: Professional Emergency Services
Project or Service;
Contrar.tor/Vcndor
Aridness&Phone# Dr. Schwemmer-Medical Director
General Scope of Wodr-
Medical Director e
Reason for Waiver or Waive Additional Insured on Auto Liability as Dr.Scttwemmer does
Modificadoa: not own any commercial ve tc es.
0
Policies Waiver or >
Modification WM apply to: Auto i-iabilit
Signature treztaWcndor. -
Date: d2 Approved X Not Approved
Risk Management Signature: � �� � � -27-2021
Date:
County Administrator appeal:
Approved: Not Approved:
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Date:
Board of County Corrtrrtissioners appeal•
Approved: Not Approved:
MectingDatc:
Administrativc instruction 7500.7
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Packet Pg. 1388