Backup Documents 03/24/2015 Item #16E2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIPI6E
TO 1k CCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 2
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
3Iat15
3 kz4-k
4. BCC Office Board of County l
Commissioners l / 3t'zS\`S
5. Minutes and Records Clerk of Court's Office
3251, E3:11
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff �\��`G � a Phone Number .a5?— -Y1��
Contact/ Department 11\ /
Agenda Date Item was a 4 I �� Agenda Item Number `'
Approved by the BCC V1
Type of DocumentL, Number of Original
Attached M U �\ c Documents Attached 3<(.6/ 'e-\
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? S*- . . p o °i f-
2. Does the document need to be sent to another agency for additi al signatures? If yes
provide the Contact Information(Name; Agency;Address;Phone) attache eet. XV
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's 1-P1
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on .Z (enter date)and all changes made
during the meeting have been incorporated in the attached document. The County Oti5s
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
MEMORANDUM I 6E2
Date: March 24, 2015
To: Maria Franco, Administrative Assistant
EMS Operations
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Mutual Aid Agreement between Collier County and the Sheriff of
Broward County
Providing Mutual Aid of Fire Rescue Services
Attached is a three (3) originals of the agreement referenced above, (Item #16E2)
approved by the Board of County Commissioners on Tuesday, March 24, 2015.
The original agreements will be held in the Minutes and Records Department for the
Board's Official Record.
If you have any questions, please contact me at 252-7240.
Thank you.
Attachment
AGREEMENT
BY AND BETWEEN
COLLIER COUNTY
AND
SHERIFF OF BROWARD COUNTY
PROVIDING FOR
AUTOMATIC AND MUTUAL AID OF FIRE RESCUE SERVICES
This Agreement is made and entered this Zc day of koxrc\vo , 2015 by and between:
the COUNTY OF COLLIER, a political subdivision of the State of Florida, (hereinafter called
"COLLIER"), 3299 Tamiami Trail East, Naples, Florida 34112 and the Sheriff of Broward
County, a political subdivision of the State of Florida, (hereinafter called "BSO") 2601 West
Broward Blvd., Fort Lauderdale Florida, 33321.
ARTICLE 1
BACKGROUND; PURPOSE AND INTENT AND DEFINITIONS
1.1 It is the purpose and intent of this agreement for COLLIER and BSO, to cooperate and
provide for a means by which each governmental entity may exercise its respective
powers, privileges and authorities which they share in common and which each might
exercise separately in order to further a common goal.
1.2 The elected body of COLLIER and BSO find that mutual cooperation in the delivery of
fire rescue services can best be accomplished within a cooperative, inter-local
configuration. To further that cause, both parties willingly enter into this cooperative
agreement.
1.3 For the purposes of this agreement and the various covenants, conditions, terms and
provisions which follow, the definitions set forth below are assumed to be true and
correct and are agreed upon by the parties.
1.3.1 Automatic Aid Coverage: means the temporary assignment of one (1)
suppression apparatus staffed with three (3) State certified firefighters and/or
one (1) rescue apparatus staffed with a minimum of two firefighter/paramedics to
provide fire rescue services in a different Primary Response Zone from the
Primary Response Zone in which the apparatus and personnel are normally
assigned. Such temporary assignment will generally be incorporated into the
respective jurisdictions computer-aided dispatch (CAD) system. Automatic Aid
will be used for the specific response types defined in Article 2.2
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1.3.2 Incident Command: means the first arriving unit will assume initial Incident
Command, until arrival of a Primary Jurisdiction Response Unit, at which time the
Primary Jurisdiction Unit may assume Incident Command at its sole discretion.
1.3.3 Mutual Aid: means at the time of fire, rescue, emergency or disaster, the
Requesting Party has firefighting, rescue, emergency or disaster relief related
demands made upon its equipment and/or personnel, greater than the availability
of the equipment and/or personnel within its own department, thereby requiring
assistance from another agency. Mutual Aid may include both ground Basic Life
Support (BLS), Advanced Life Support (ALS), Fire/Rescue apparatus, non-
transport apparatus, ALS ambulances or ALS helicopters essential for the
response to 911 emergencies and emergency inter-facility transports of critically
ill or injured victims or persons with special needs in remote or otherwise
inaccessible areas.
1.3.4 Primary Response Zone: The Primary Response Zones for each party are their
individual respective counties.
1.3.5 Primary Jurisdiction Response Unit: means that unit which is operating within its
Primary Response Zone.
1.3.6 Responding Party: means the agency which is providing assistance to another
agency which has declared an emergency incident.
1.3.7 Requesting Party: means the agency which is requesting assistance from an
outside agency to assist in mitigating and/or responding to an emergency
incident.
1.4 For purposes of this agreement, the Primary Response Zones to be covered, or
response types responded to by the parties may be amended during the term of this
agreement through mutual agreement in writing by the Fire Chiefs of COUNTY and
BSO. Such changes will be designed to improve response times or otherwise increase
the efficiency of services provided pursuant to this agreement.
1.5 Both parties agree to review service response demands on a bi-annual basis. The
parties agree that the Fire Chiefs of COLLIER and BSO will define and make mutual
agreeable adjustments in response area and / or response types to limit any
unnecessary demand on either party.
1.6 Both parties agree that the Fire Chiefs of COLLIER and BSO may agree to cooperative
or mutual training of their agencies.
1.7 Both parties agree to establish mutually acceptable guidelines to conduct quality
improvement review of clinical and operational procedures on calls where both agency
personnel interact and further agree to share training procedures for their respective
employees to assure dispatching procedures are followed and to provide for the safety
of all involved employees. The parties agree to use only trained personnel as landing
zone controllers or when operating in or around an air transport helicopter or landing
zone.
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C:.
ARTICLE 2
COVERAGE COMMITMENT
2.1 Mutual Aid: Upon request, the parties agree to provide Mutual Aid coverage to each other
unless otherwise unavailable.
2.1.1 Terms and Procedures:
A A Responding Party will answer a call for Mutual Aid by the Requesting
Party only to the extent that the available personnel and equipment are not
required for adequate protection of the Responding Party's jurisdiction.
Notwithstanding anything to the contrary herein, the Responding Party's
Chief shall have the sole discretion to determine the amount of personnel
and equipment, if any, available for cooperative assistance for a call for
Mutual Aid.
B A request for Mutual Aid shall be made by the Requesting Party's Chief, or
designee and shall include a statement of the amount and type of
equipment needed and/or the number of personnel needed and shall
specify the location and type of condition or situation to which the
equipment and personnel shall be dispatched. The decision as to the
amount and type of equipment and the number of personnel actually sent
shall rest in the sole discretion of the Responding Agency.
C Whenever the employees of one party to this agreement are rendering aid
to the other party pursuant to the authority contained in this agreement,
such employees shall have the same powers, duties, rights and immunities
as if they were taking action within their employing jurisdiction.
2.2 Automatic Aid: The parties agree to provide Automatic Aid coverage, as defined in
Section 1.3.1 upon request by the Requesting Party, subject to the availability of the
personnel and equipment of the Responding Party.
ARTICLE 3
HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
COLLIER and BSO shall be responsible for complying with all federal, state and local
laws, rules, regulations, and codes including, but not limited to, the Health Insurance
Portability and Accountability Act ("HIPAA") and its implementing regulations.
Page 3 of 8
ARTICLE 4
LIABILITY 'A
4.1 To the extent permitted by law, the parties shall defend any action or proceeding brought
against its respective agency arising in connection with this agreement and shall be
responsible for all its own costs, attorneys' fees, expenses and liabilities for actions or
inactions of its own employees incurred as a result of any such claims, demands, suits,
actions, damages and causes of action, including the investigation or the defense
thereof, and from and against any orders, judgments or decrees which may be entered
as a result thereof. Each party shall indemnify and hold harmless the other party for
claims, demands, suits, actions, damages and causes of action incurred directly or
indirectly as a result of their own employees' actions or inactions. Nothing in this section
shall constitute a waiver of either party's sovereign immunity, or the limits of Section
768.28, Fla. Stat.
4.2 Each party is entitled to the privileges and protections of sovereign immunity pursuant to
Section 768.28, Florida Statutes, and subject to the limitations of that provision shall
bear its own responsibility and be liable for any claims, demands, suits, actions,
damages and causes or actions arising out of or occurring during travel to or from its
own emergency or disaster site or to or from an emergency or disaster site covered by
this Agreement, and no indemnification or hold harmless agreement shall be in effect
concerning such claims, demands, suits, actions, damages and causes of action.
4.3 Neither party hereto shall be deemed to have waived its sovereign immunity by entering
into this Agreement, nor shall anything included herein be construed as consent to be
sued by third parties in any matter arising out of this Agreement or any other contract.
4.4 For purposes of this Article, any use of the words "individually, separate, and each— are
intended to refer to each agency's independent responsibilities and shall not be
construed, in any manner, to impose personal liability upon COLLIER and BSO
commissioners, or any other individual.
4.5 This section shall survive the termination of this Agreement
ARTICLE 5
TERMINATION
5.1 This agreement may be terminated upon thirty (30) days written notice given by either
party.
5.2 This agreement shall be deemed automatically terminated and of no further force and
effect if either Party has filed or consented to the filing of a petition for reorganization or
bankruptcy or is otherwise adjudicated insolvent.
ARTICLE 6
DEFAULT
If either party fails to perform or observe any of the material terms and conditions of this
agreement for a period of ten (10) days after receipt of written notice of such default from
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the other party, the party giving notice of default shall be entitled, at its option, but is not
required, to terminate this agreement. Failure of any party to exercise its rights in the
event of any breach by the other party shall not constitute a waiver of such rights. No
party shall be deemed to have waived any failure to perform by the other party unless
such waiver is in writing and signed by the waiving party. Such waiver shall be limited to
the terms specifically contained therein. This paragraph shall be without prejudice to the
rights of any party to seek a legal remedy for any breach of the other party as may be
available to it in law or equity.
ARTICLE 7
TERM OF AGREEMENT
7.1 The obligation to perform under this agreement shall commence as of the date in which
the last party executes this agreement.
7.2 This agreement shall commence immediately upon its signing and shall terminate on
December 31, 2019. Thereafter, this Agreement may be renewed for an additional term
of five (5) years upon written consent of COLLIER and BSO.
7.3 In the event either party enters into joint powers, consolidated service area, or inter-local
agreement which includes additional parties that agreement may supersede and provide
for termination of this agreement.
ARTICLE 8
COSTS
8.0 Each party shall burden their own respective costs relative to their own performance
under this agreement including but not limited to their own respective employee and equipment
costs and each party reserves its rights to seek payment for said services provided to patients
and/or other third parties who benefited from said services and/or their respective insurers.
ARTICLE 9
MISCELLANEOUS
9.1 Joint Participation: The preparation of this agreement has been a joint effort of the
parties hereto, and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than the other.
9.2 Entire Agreement and Modification: This agreement incorporates, supersedes and
includes all prior negotiations, correspondence, conversations, agreements or
understandings applicable to the matter contained herein. No change, alteration or
modification in the terms and conditions contained herein shall be effective unless
contained in a written document signed by COLLIER and BSO.
9.3 Records: Each party shall permit the other party to examine all records pertinent to this
agreement and grants to the other party, the right to audit any books, documents and
papers related to this agreement that are generated during the term of this agreement.
The parties shall maintain the records, books, documents and papers associated with
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lei
this agreement in accordance with the records retention schedules outlined in the Florida
Statutes for said records.
9.3.1 In addition, COLLIER and BSO shall:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by Chapter 119, Florida Statutes, to perform the service.
(b) Provide the public with access to public records at a cost that does not
exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise
provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to
the other party all public records in possession upon termination of the contract
and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored
electronically must be provided in a format that is compatible with the information
technology systems of the other party."
9.4 Agreement Administration: In the administration of this agreement as contrasted with
matters of policy, all parties may rely upon instructions or determinations made by the
Fire Chiefs, or designees, of COLLIER and BSO.
9.5 Notices: Whenever either party desires to give notice unto the other, such notice must
be in writing, sent by certified United States mail, return receipt requested, addressed to
the party for whom it is intended at the place last specified; and the place for filing of
notice shall remain such until it shall have been changed by written notice in compliance
with the provisions of this paragraph. For the present, the parties designate the
following at the respective places for giving notice.
FOR THE COUNTY OF COLLIER
Director of Emergency Services & Emergency Management
8075 Lely Cultural Parkway, Suite 445
Naples, Florida 34113
With copy to:
EMS Chief
Emergency Medical Services
8075 Lely Cultural Parkway, Suite 267
Naples, Florida 34113
FOR THE SHERIFF OF BROWARD COUNTY
Chief Anthony Stravino
Broward Sheriff Fire Rescue & Emergency Services Dept.
2601 West Broward Boulevard
Fort Lauderdale, Florida 33312
Page 6 of B
With copy to: 1 E
Ronald M. Gunzburger
General Counsel
Office of General Counsel
Broward Sheriff's Office
2601 West Broward Boulevard
Fort Lauderdale, Florida 33312
9.6 Automatic Aid Agreements: Both parties acknowledge that any current automatic aid
agreements with any other agency will continue in full force and effect notwithstanding
execution and implementation of this Agreement.
9.7 Third Party Beneficiaries: Neither Party intends to directly or substantially benefit a third
party by this agreement. Therefore, there are no third party beneficiaries to this
agreement, and no third party will be entitled to assert a claim against either party based
upon this agreement.
9.8 Assignment: Neither this agreement nor any interest herein shall be assigned,
transferred or encumbered by either party without the written consent of the other party.
9.9 Waiver of Breach and Materiality: Failure by either party to enforce any provision of this
agreement shall not be deemed a waiver of such provision or modification of this
agreement. A waiver of any breach of a provision of this agreement shall not be
deemed a waiver of any subsequent breach and shall not be construed to be a
modification of the terms of this agreement. Each requirement, duty, and obligation set
forth herein is substantial and important to the formation of this agreement and,
therefore, is a material term hereof.
9.10 Compliance with Laws: Both parties shall comply with all federal, state, and local laws,
codes, ordinances, rules and regulations in performing their respective duties,
responsibilities, and obligations related to this agreement.
9.11 Severance: In the event a portion of this agreement is found by a court of competent
jurisdiction to be invalid, the remaining provisions shall continue to be effective unless
either party elects to terminate this agreement. The election to terminate this agreement
based upon this provision shall be made and written notice shall be provided to the other
party within thirty (30) days after the finding by the court becomes final.
9.12 Applicable Law and Venue: This agreement shall be interpreted and construed in
accordance with and governed by the laws of the State of Florida. Venue for litigation
concerning this agreement shall be in Broward County, Florida. Both parties hereby
agree to waive a jury trial, and will proceed to a trial by judge, if necessary. Should the
parties be involved in legal action arising under, or connected to, this agreement, each
party will be responsible for their own attorney's fees and costs.
9.13 Multiple Originals: Multiple copies of this agreement may be fully executed by all parties,
each of which shall be deemed to be an original.
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1
9.14 C.O.P.C.N.: Both parties shall maintain, throughout the term of this agreement, an ALS
Rescue Certificate of Public Convenience and Necessity ("COPCN") from their
respective County and an appropriate State of Florida license enabling each to provide
advanced life support services, as well as, basic life support services, to patients upon
arrival at emergency scenes requiring immediate emergency medical care.
9.15 Medical Director: Both parties presently have and shall maintain, throughout the term of
this Agreement and any renewal term, a medical director as required by Chapter 401,
Florida Statutes.
INTERLOCAL AGREEMENT BETWEEN THE COUNTY OF COLLIER AND SHERIFF OF
BROWARD COUNTY, PROVIDING FOR AUTOMATIC AND MUTUAL AID OF FIRE RESCUE
SERVICES WITH THE COUNTY OF COUNTY.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
•
By:. /nal- By: / i ce
Attest as to Cha'tctla�l"g,Diu y`C TIM NANCE, CHAIRMAN
signature on .Z4\ENday of �Nr_. , 2015
Approved as to form& legality
subject to the execution by the parties
cCcR --
Jennifer A. Belped%
Assistant County Attorney
SHERIFF OF BROWARD COUNTY
B ,� (2,
Scott J. ael, S eriff
orkd
day of lk), , 2015
Approved as to fo r & legal sufficiency
subject to the e 'tiotby the parties
f '
By: Date: >_
Ronal 'unzburger, General Counsel
Broward Sheriff's Office
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