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Agenda 03/22/2016 Item #10A/�, 3/22/2016 10.A. EXECUTIVE SUMMARY Recommendation to consider proposals to settle the lawsuit filed against the County in the litigation titled North Collier Fire Control and Rescue District (District) v. Board of County Commissioners of Collier County (County). (Case No. 11-2015-CA-001871) OBJECTIVE: To consider approval of an Interlocal Agreement negotiated pursuant to a mediation conducted with the parties on March 14, 2016, as specifically authorized by Section 164.1055(2), Fla. Statutes. CONSIDERATIONS: The County and the District participated in a statutory mediation process on March 14, 2016 in an attempt to arrive at a settlement proposal that could be presented to each agency's elected body for formal action. The parties appear to have reached tentative agreement on the principle terms and conditions. However, additional work is needed to develop a final version of the Interlocal Agreement (settlement document) that is acceptable to both parties. Work toward that objective, with the continued assistance of the mediator, is in progress and should be available for presentation at the Board meeting. Attached are the most current proposals from both the County and the District that are still under consideration and review at the time of agenda publication. FISCAL IMPACT: There is no additional fiscal impact directly associated with this settlement proposal GROWTH MANAGEMENT IMPACT: None LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: That the Board consider the settlement proposals herein and provide further guidance to facilitate a final agreement that is acceptable to a majority of the County Commission. APPROVED BY: Commissioner Tim Nance Packet Page -9- 3/22/2016 10.A. COLLIER COUNTY Board of County Commissioners Item Number: 10.10.A. Item Summary: Recommendation to consider proposals to settle the lawsuit filed against the County in the litigation titled North Collier Fire Control and Rescue District (District) v. Board of County Commissioners of Collier County (County). (Case No. 11- 2015 -CA- 001871) (Commissioner Nance) Meeting Date: 3/22/2016 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager, County Managers Office 3/16/2016 5:30:14 PM Submitted by Title: Executive Secretary to County Manager, County Managers Office Name: BrockMaryJo 3/16/2016 5:30:15 PM Approved By Name: OchsLeo Title: County Manager, County Managers Office Date: 3/16/2016 5:59:41 PM Packet Page -10- 3/22/2016 10.A. Current County Proposal INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT, dated this day of March, 2016, is entered into as authorized by Ch. 163, Florida Statutes, Intergovernmental Programs by and between the North Collier Fire Control and Rescue District (hereinafter "District ") and the Collier County Board of County Commissioners (hereinafter "County "). WITNESSETH: WHEREAS, Section 163.01, Fla. Stat., authorizes the joint exercise of any power, privilege, or authority which the public agencies involved herein share in common and which each might exercise separately; and WHEREAS, District filed a lawsuit against the County in the litigation titled North Collier Fire Control and Rescue District, District /Plaintiff v. Board of County Commissioners of Collier County, Respondent /Defendant (Case No. 11- 2015 -CA- 001871), pending in the Twentieth Judicial Circuit in Collier County, hereinafter referred to as the "Lawsuit "); and WHEREAS, the Parties have engaged in the Ch. 164, Fla. Stat., Governmental Dispute process and have agreed to settle the litigation pursuant to the terms of this Interlocal Agreement as specifically authorized by Section 164.1055(2), Fla. Stat., which provides for a joint public meeting and mediation process; and WHEREAS, District and the County, without either party admitting any liability or fault, desire to settle the Lawsuit and any and all disputes that arise from, relate or refer in any way, whether directly or indirectly, known or unknown, to the incidents described or allegations made in the Lawsuit; and WHEREAS, District and the County desire to execute this Interlocal Agreement as required by Section 164.1057, Fla. Stat., and so that it shall be binding upon them as well as their [05 -COA- 01260/1243970/1] Page 1 of 7 Packet Page -11- 3/22/2016 10.A. Current County Proposal ^' respective owners, principals, elected officials, officers, employees, ex- employees, agents, attorneys, representatives, insurers, successors, assigns, and affiliates; and NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Interlocal Agreement, and with the intent to be legally bound, District and the County agree as follows: 1. District and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses ", by reference into this Interlocal Agreement. 2. The County shall issue the District a COPCN to provide advanced life support non - transport services throughout the boundaries of the District subject to the following terms and conditions: a. The District shall employ and retain the services of the Collier County Medical Director to serve as the District's Medical Director by this Agreement with the County for this service subject to the approval of this approach by the State of Florida Department of Health and shall utilize the protocols and standards issued by the Collier County Medical Director to govern the provisions of advanced life support services authorized by the COPCN and licensed by the State. There shall be no charge to the District for these services. The District may employ an Associate Medical Director to assist the District with the implementation of the protocols, standards, training, and certification /recertification standards established by the County Medical Director relating to ALS services provided by the District. The Associate Medical Director shall work under the supervision of the Collier County Medical Director. [05 -COA- 01260/1243970/1] Page 2 of 7 Packet Page -12- 3/22/2016 10.A. Current County Proposal b. The District shall operate under the paramedic credentialing and recredentialing standards issued by the Collier County Medical Director. All current credentialing shall be honored until the time to recredential. c. The District shall adhere to the paramedic credentialing and recertification ride -time requirements established by the Collier County Medical Director. The District may meet its ride -time requirements by accompanying a patient on the Collier County EMS ALS transport from scene to hospital when any ALS service has been performed on the patient prior to the transport. d. The District shall adhere to the quality assurance program requirements established by the Collier County Medical Director. The District may establish its own Quality Assurance Committee which membership must include the Collier County Medical Director. e. The District shall adhere to the patient care reporting system requirements established by the Collier County Medical Director. The parties shall use their best efforts to negotiate and enter into any agreements that may be necessary to meet any and all lawful requirements, including those related to HIPAA. 3. The term of the COPCN and this Interlocal Agreement shall be effective through March 31, 2017. 4. Should the District be found to have breached the terms of this Interlocal Agreement or the COPCN in any way, all complaints shall be investigated and a report thereon made to both the Board of County Commissioners and the District Commission, together with findings and recommendations, within 15 days. If revocation, suspension or alteration of any [05 -COA- 01260/1243970/11 Page 3 of 7 Packet Page -13- 3/22/2016 10.A. Current County Proposal certificate appears warranted, the Board of County Commissioners shall give notice to the District that the same will be considered at a specific commission meeting, provided the date of such meeting shall not be less than five days from the date of the notice. The Board of County Commissioners shall thereupon consider the complaint and either revoke, suspend or alter the certificate or dismiss the complaint. This procedure shall be held in compliance with the County's COPCN Ordinance No. 04 -12, § 14, as amended. 5. Should the County or the Collier County Medical Director be found to have breached the terms of this Interlocal Agreement or the COPCN in any way, all complaints shall be investigated and a report thereon made to both the Board of County Commissioners and the District Commission, together with findings and recommendations, within 15 days. If termination or withdraw or alteration of the certificate or any Agreement appears warranted, the District shall give notice to the County within 30 days of the Notice. The District Commission shall thereupon consider the Complaint and either terminate, cancel or suggest alternatives to the Certificate or the Agreement. 5. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to the Lawsuit, District agrees to dismiss the Lawsuit with prejudice. 6. In consideration of the resolution of the Lawsuit, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties, on behalf of themselves, their attorneys, agents, representatives, insurers, heirs, successors and assigns, hereby expressly releases and forever discharge each other, as well as their elected officials, officers, employees, ex- employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, [05 -COA- 01260/1243970/1] Page 4 of 7 Packet Page -14- 3/22/2016 10.A. Current County Proposal attorney's fees, expenses and obligations of any kind or nature whatsoever that they have asserted or could have asserted in the Lawsuit or that arise from or relate or refer in any way, whether directly or indirectly, to the Lawsuit or any incident, event or allegation referred to or made in the Lawsuit. 7. Notwithstanding anything that may be to the contrary in this Interlocal Agreement, District and the County agree that either of them (as well as any other persons or entities intended to be bound) shall, in the event of any breach, retain the right to enforce the terms and conditions of this Interlocal Agreement. 8. District and the County acknowledge and agree that this Interlocal Agreement is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex- employees, agents, attorneys, representatives, insurers, successors, assigns, and affiliates. 9. District and the County recognize and acknowledge that this Interlocal Agreement memorializes and states a settlement of disputed claims and nothing in this Interlocal Agreement shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of either District or the County. 10. District and the County acknowledge and agree that this Interlocal Agreement is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. [05 -COA- 01260/1243970/1] Page 5 of 7 Packet Page -15- 3/22/2016 10.A. Current County Proposal 11. This Interlocal Agreement may be amended only by a written instrument specifically referring to this Agreement and executed with the same formalities as this Agreement. 12. In the event of an alleged breach of this Interlocal Agreement, District and the County agree that all underlying causes of action or claims of District have been extinguished by this Agreement and that the sole remedy for breach of this Agreement shall be for specific performance of its terms and conditions or any damages arising from the breach. In this regard, District and the County further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 13. This Interlocal Agreement shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, District and the County have signed and sealed this Interlocal Agreement as set forth below. Date: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legality: Jeffrey A. Klatzkow County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA C Donna Fiala, Chairman [05 -COA- 01260/1243970/1] I Page 6 of 7 Packet Page -16- 3/22/2016 10.A. Current County Proposal North Collier Fire Control and Rescue District DISTRICT [05 -COA- 01260/1243970/1] Page 7 of 7 Packet Page -17- 0V 3/22/2016 10.A. Current District Proposal � INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT, dated this day of March, 2016, is entered into as authorized by Ch. 163, Florida Statutes ( "Fla. Stat. "), Intergovernmental Programs by and between the North Collier Fire Control and Rescue District (hereinafter "District ") and the Collier County Board of County Commissioners (hereinafter "County ") WITNESSETH: WHEREAS, Section 163.01, Fla. Stat., authorizes the joint exercise of any power, privilege, or authority which the public agencies involved herein share in common and which each might exercise separately; and WHEREAS, District filed a lawsuit against the County iii the litigation titled North Collier Fire Control and Rescue District, District /Plaintiff, v. Board of County Commissioners of /0'� Collier County, Respondent/Defendant (Case No. 11- 2015 -CA- 001871), pending in the 11*�� Twentieth Judicial Circuit in Collier County, (hereinafter referred to as the "Lawsuit" �; and WHEREAS, the Parties have engaged in the Ch. 164, Fla. Stat., Governmental Dispute process and have agreed to settle the litigation pursuant to the terms of this Interlocal Agreement as specifically authorized by Sec. 164.1055(2), Fla. Stat., which provides for a joint public meeting and mediation process; and WHEREAS, District and the County, without either Party admitting any liability or fault, desire to settle the Lawsuit and any and all disputes that arise from, relate or refer in any way, whether directly or indirectly, known or unknown, to the incidents described or allegations made in the Lawsuit; and WHEREAS, District and the County desire to execute this Interlocal Agreement as required by Sec. 164.1057, Fla. Stat., and so that it shall be binding upon them as well as their [05 -COA- 01260/1243970/1] Page 1 of 9 Packet Page -18- 3/22/2016 10.A. Current District Proposal respective owners, principals, elected officials, officers, employees, ex- employees, agents, attorneys, representatives, insurers, successors, assigns, and affiliates; and NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Interlocal Agreement, and with the intent to be legally bound, District and the County agree as follows: 1. District and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses ", by reference into this Interlocal Agreement. 2. The County shall issue the District a certificate of public convenience and necessity ( "COPCN ") to provide advanced life support ( "ALS ") non - transport services throughout the boundaries of the District on the Effective Date of this agreement subject to the following terms and conditions: a. The District shall retain the services of the Collier County Medical Director to serve as the District's Medical Director (hereinafter referred to as the "District Medical Director ") by this Agreement with the County for this service and shall utilize the protocols and standards issued by the District Medical Director to govern the provisions of advanced life support services authorized by the COPCN and licensed by the State. There shall be no charge to the District for these services. The District may employ an Associate Medical Director to assist the District with the implementation of the protocols, standards, training, and certification/recertification standards established by the District Medical Director relating to ALS services provided by the District. The Associate Medical Director shall work under the supervision of the District Medical Director. It is acknowledged by both Parties that the [05 -COA- 01260/1243970/1] Page 2 of 9 Packet Page -19- /1_1 3/22/2016 10.A. Current District Proposal District does not, by this Agreement or any other agreement or requirement, report to the Collier County Emergency Medical Services ( "EMS ") Division or Collier County, and that all statutory and rule requirements related to medical direction shall be made directly to the District by the District Medical Director. The District Medical Director and, if applicable, the Collier County Deputy Medical Director, shall comply with the provisions of Ch. 119, Fla. Stat., the Health Insurance Portability and Accountability Act ( "HIPPA "), Health Information Technology for Economic and Clinical Health requirements and any other federal or state applicable laws relating to records and/or confidentiality of records. To that end, the District Medical Director, and, if applicable, the Collier County Deputy Medical Director, shall execute a HIPPA business associate agreement with the District. b. The District shall operate under the emergency medical technicians (" EMTs ") and paramedic credentialing and recredentialing standards issued by the District Medical Director, except, all current credentialing shall be honored by the District Medical Director until December 31, 2017. The recredentialing standards used presently by the District shall remain in place through March 31, 2017. The District Medical Director shall develop, with input from the District, the recredentialing standards for ALS non - transport paramedics and EMTs on or before January 1, 2017. c. The District shall adhere to the paramedic and EMT credentialing and recertification ride -time requirements as established by the District Medical Director. The District may meet its ride -time requirements by accompanying [05 -COA- 01260/1243970/1] Page 3 of 9 Packet Page -20- 3/22/2016 10.A. Current District Proposal r a patient on the Collier County EMS ALS transport from scene to hospital when any ALS service has been performed on the patient prior to the transport. However, the Collier County EMS Chief, District Fire Chief and the Collier County Medical Director may identify in writing any ALS service in which a District paramedic is not required to accompany a patient on the Collier County EMS ALS transport from scene to hospital when such ALS service has been performed on the patient prior to the transport. The District agrees that any time a Collier County EMS paramedic requests a District paramedic to accompany a patient on the Collier County EMS ALS transport from scene to hospital regardless of the level of service, the District paramedic shall accompany the patient to the hospital. d. The District shall have its own quality assurance program for District paramedics and EMTs as established by the District Medical Director. The District's quality assurance program shall solely consist of the District Medical Director, the District's Associate Medical Director and District staff. The District shall also participate in a countywide Quality Assurance Committee as established by the Collier County Medical Director, contingent upon all interested parties entering into a written mutually agreeable business associate agreement to ensure compliance with the HIPPA requirements and any other federal or state applicable laws. e. The District shall adhere to the patient care reporting system requirements that allows for view only access to patient care reports. The District will provide to Collier County a one -user login account to a view only patient care report [05 -COA- 01260/1243970/1] Page 4 of 9 Packet Page -21- 3/22/2016 10.A. Current District Proposal dashboard of the District's ImageTrend Patient Care Reporting System to be used for continuum of care for a patient, quality assurance and performance benchmarking. Collier County will provide to the District a one -user login account to a view only patient care report dashboard of Collier County's ImageTrend Patient Care Reporting System to be used for continuum of care for a patient, quality assurance and performance benchmarking. The Parties agree that it shall control the access and use to such patient care reports. The District will provide login access to the District's ImageTrend Patient Care Reporting System to the District Medical Director, with such access protected from disclosure by the District Medical Director. Both Parties will work cooperatively to ensure that any necessary third party providers, such as hospitals and emergency rooms, have view only access to the District's patient care reports. The Parties shall use their best efforts to negotiate and enter into any agreements that may be necessary to meet any and all lawful requirements, including those related to HIPAA. 3. This Interlocal Agreement shall not take effect until the State of Florida Department of Health approves the approach regarding the retention of the Collier County Medical Director through this Agreement as provided by section 2a ( "Effective Date "). The term of the COPCN and this Interlocal Agreement shall be effective through March 31, 2017. 4. Should the District be found to have breached the terms of this Interlocal Agreement or the COPCN in any way, all written complaints shall be investigated by both the County staff and the District staff, and a report thereon made to both the Board of County Commissioners and the District Board of Fire Commissioners, together with findings and [05- COA- 01260/1243970/11 Page 5 of 9 Packet Page -22- 3/22/2016 10.A. Current District Proposal recommendations, within 15 days of such complaint. If termination of the Interlocal Agreement or revocation, suspension or alteration of the COPCN appears warranted, the Board of County Commissioners shall give notice to the District that the same will be considered at a specific commission meeting, provided the date of such meeting shall not be less than five days from the date of the notice. The Board of County Commissioners shall thereupon consider the complaint and either revoke or suspend the COPCN, terminate the Interlocal Agreement, suggest alternatives to the COPCN, or dismiss the complaint. Notwithstanding, this procedure shall be held in compliance with the County's COPCN Ordinance No. 04 -12, § 14, as amended. 5. Should the County or the Collier County Medical Director be found to have breached the terms of this Interlocal Agreement or the COPCN in any way, all written complaints shall be investigated by both the County staff and the District staff, and a report thereon made to both the Board of County Commissioners and the District Board of Fire Commissioners, together with findings and recommendations, within 15 days of such complaint. If ternnination of the Interlocal Agreement or alteration of the COPCN or the Interlocal Agreement appears warranted, the District shall give notice to the County that the same will be considered at a specific commission meeting, provided the date of such meeting shall not be less than five days from the date of notice. The District Board of Fire Commissioners shall thereupon consider the complaint and either terminate the Interlocal Agreement or suggest alternatives to the COPCN or the Interlocal Agreement. 6. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to the Lawsuit, District agrees to dismiss the Lawsuit with prejudice. [05 -COA- 01260/1243970/1] Page 6 of 9 Packet Page -23- 3/22/2016 10.A. Current District Proposal 7. In consideration of the resolution of the Lawsuit, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties, on behalf of themselves, their attorneys, agents, representatives, insurers, heirs, successors and assigns, hereby expressly releases and forever discharge each other, as well as their elected officials, officers, employees, ex- employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that they have asserted or could have asserted in the Lawsuit or that arise from or relate or refer in any way, whether directly or indirectly, to the Lawsuit or any incident, event or allegation referred to or made in the Lawsuit. 8. Notwithstanding anything that may be to the contrary in this Interlocal Agreement, District and the County agree that either of them (as well as any other persons or entities intended to be bound) shall, in the event of any breach, retain the right to enforce the terms and conditions of this Interlocal Agreement. 9. District and the County acknowledge and agree that this Interlocal Agreement is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex- employees, agents, attorneys, representatives, insurers, successors, assigns, and affiliates. 10. District and the County recognize and acknowledge that this Interlocal Agreement memorializes and states a settlement of disputed claims and nothing in this Interlocal Agreement shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of either District or the County. [05 -COA- 01260/1243970/1] Page 7 of 9 Packet Page -24- 3/22/2016 10.A. Current District Proposal 11. District and the County acknowledge and agree that this Interlocal Agreement is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement to be construed against any Party based upon a claim that the Party drafted the ambiguous provision or language or that the Party was intended to be benefited by the ambiguous provision or language. 12. This Interlocal Agreement may be amended only by a written instrument specifically referring to this Agreement and executed with the same formalities as this Agreement. 13. In the event of an alleged breach of this Interlocal Agreement, District and the County agree that all underlying causes of action or claims of District related to the September 8, 2015 denial of the District's COPCN, have been extinguished by this Agreement and that the sole remedy for breach of this Agreement shall be for specific performance of its terms and conditions or any damages arising from the breach. In this regard, District and the County further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 14. This Interlocal Agreement shall be governed by the laws of the State of Florida. 15. Either the County or District may terminate this Interlocal Agreement after providing written notice of its intent to terminate at least thirty (30) days in advance of the date of termination. The District's COPCN is revoked on the termination date of this Interlocal Agreement without further action by the County. 16. This Interlocal Agreement supersedes the agreement titled "Interlocal Agreement Advanced Life Support Partnership Between Collier County and Big Corkscrew Island Fire Control and Rescue District" dated March 25, 2014. [05 -COA- 01260/1243970/1] Page 8 of 9 Packet Page -25- 3/22/2016 10.A. Current District Proposal 17. Prior to its effectiveness, this Interlocal Agreement shall be filed with the Clerk of Courts for the Circuit Court for Collier County pursuant to Section 163.01 (2), Florida Statutes. The County shall file said agreement as soon as practicable after approval and execution by both parties. IN WITNESS WHEREOF, District and the County have signed and sealed this Interlocal Agreement as set forth below. Date: ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legality: Jeffrey A. Klatzkow County Attorney I;- BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Donna Fiala, Chairman North Collier Fire Control and Rescue District DISTRICT [05- COA- 01260/1243970/1] Page 9 of 9 Packet Page -26- Patricia L. Morgan From: Casalanguida, Nick Sent: Tuesday, March 22, 2016 9:35 AM To: Patricia L. Morgan Subject: FW: Scanned Settlement Agreement (attached) Attachments: 1687_001.pdf;ATT00001.htm f-3s ref_ues1.C:c From: KlatzkowJeff Sent: Tuesday, March 22, 2016 9:33 AM To: CasalanguidaNick Subject: FW: Scanned Settlement Agreement (attached) From: Laura Donaldson [LDonaldson @mansonbolves.com] Sent: Monday, March 21, 2016 6:17 PM To: KlatzkowJeff Subject: Fwd: Scanned Settlement Agreement (attached) By a 6-0 vote, the District Board of Fire Commissioners approved the agreement tonight. The executed agreement is attached. I will bring two original copies tomorrow morning. Laura Sent from my iPhone Begin forwarded message: From: Lori Freiburg < .r > Date: March 21, 2016 at 6:12:56 PM EDT To: ,. . f, Subject: Scanned Settlement Agreement (attached) From: 1.T [mailto: : , _[ ] Sent: Monday, March 21, 2016 6:04 AM To: Lori Freiburg Subject:Attached Image Information contained in this email is subject to public records release pursuant to Florida Statute 119. This message, together with any attachments, is intended only for the addressee. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, use or any action or reliance upon this communication is strictly prohibited. If you have received this e-mail in error,please notify the sender immediately by return e-mail, and delete the message and any attachments, 1 INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT, dated this o7/ day of March, 2016, is entered into as authorized by Ch. 163, Florida Statutes("Fla. Stat."), Intergovernmental Programs by and between the North Collier Fire Control and Rescue District (hereinafter "District") and the Collier County Board of County Commissioners(hereinafter"County"). WITNESSETH: WHEREAS, Section 163.01, Fla. Stat., authorizes the joint exercise of any power, privilege, or authority which the public agencies involved herein share in common and which each might exercise separately;and WHEREAS, District filed a lawsuit against the County in the litigation titled North Collier Fire Control and Rescue District, District/Plaintiff, v. Board of County Commissioners of Collier County, Respondent/Defendant (Case No. 11-2015-CA-001871), pending in the Twentieth Judicial Circuit in Collier County, (hereinafter referred to as the "Lawsuit");and WHEREAS, the Parties have engaged in the Ch. 164, Fla. Stat., Governmental Dispute process and have agreed to settle the litigation pursuant to the terms of this Interlocal Agreement as specifically authorized by Sec. 164.1055(2), Fla. Stat., which provides for a joint public meeting and mediation process;and WHEREAS, District and the County, without either Party admitting any liability or fault, desire to settle the Lawsuit and any and all disputes that arise from, relate or refer in any way, whether directly or indirectly, known or unknown,to the incidents described or allegations made in the Lawsuit;and WHEREAS, District and the County desire to execute this Interlocal Agreement as required by Sec. 164.1057, Fla. Stat., and so that it shall be binding upon them as well as their Page 1 of 10 respective owners, principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers,successors, assigns, and affiliates;and NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Interlocal Agreement, and with the intent to be legally bound, District and the County agree as follows: 1. District and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses",by reference into this Interlocal Agreement. 2. The County shall issue the District a certificate of public convenience and necessity ("COPCN") to provide advanced life support ("ALS") non-transport services throughout the boundaries of the District on the Effective Date of this Agreement subject to the following terms and conditions: a. The District shall retain the services of the Collier County Medical Director to serve as the District's Medical Director (hereinafter referred to as the County Medical Director/District Medical Director) by this Agreement with the County for this service and shall utilize the protocols and standards issued by the County Medical Director/District Medical Director to govern the provisions of advanced life support services authorized by the COPCN and licensed by the State. There shall be no charge to the District for these services. The District may employ an Associate Medical Director to assist the District with the implementation of the protocols, standards, training, and certification/recertification standards established by the County Medical Director/District Medical Director relating to ALS services provided by the District. The Associate Medical Director or any other medical professional Page 2 of 10 employee and/or volunteer of the District shall work under the supervision of the County Medical Director/District Medical Director. It is acknowledged by both Parties that the District does not, by this Agreement or any other agreement or requirement, report to the Collier County Emergency Medical Services ("EMS") Division or Collier County, and that all statutory and rule requirements related to medical direction shall be made directly to the District by the County Medical Director/District Medical Director. The County Medical Director/District Medical Director and, if applicable, the Collier County Deputy Medical Director, shall comply with the provisions of Ch. 119, Fla. Stat., the Health Insurance Portability and Accountability Act ("HIPAA"), Health Information Technology for Economic and Clinical Health requirements, and any other federal or state applicable laws relating to records and/or confidentiality of records. To that end, the County Medical Director/District Medical Director, and, if applicable, the Collier County Deputy Medical Director, shall execute a HIPAA Business Associate Agreement with the District. The County Medical Director/District Medical Director may delegate any or all of his responsibilities under this Agreement to the Collier County Deputy Medical Director. b. The District shall operate under the emergency medical technicians ("EMTs") and paramedic credentialing and recredentialing standards issued by the County Medical Director/District Medical Director, except, all current credentialing shall be honored by the County Medical Director/District Medical Director until December 31, 2017. The recredentialing standards Page 3 of 10 used presently by the District shall remain in place through March 31, 2017. The County Medical Director/District Medical Director shall develop, with input from the District, the recredentialing standards for ALS non-transport paramedics and EMTs on or before January 1,2017. c. The District shall adhere to the paramedic and EMT credentialing and recertification ride-time requirements as established by the County Medical Director/District Medical Director. The District may meet its ride-time requirements by accompanying a patient on the Collier County EMS ALS transport from scene to hospital when any ALS service has been performed on the patient prior to the transport. However, the Collier County EMS Chief, District Fire Chief and the County Medical Director/District Medical Director may identify in writing any exceptions to the ride time requirements. The District agrees that any time a Collier County EMS paramedic requests a District paramedic to accompany a patient on the Collier County EMS ALS transport from scene to hospital regardless of the level of service, the District paramedic shall accompany the patient to the hospital. d. The District shall have its own quality assurance program for District paramedics and EMTs as established by the County Medical Director/District Medical Director.The District's quality assurance program shall solely consist of the County Medical Director/District Medical Director, the District's Associate Medical Director and District staff. The District shall also participate in a countywide Quality Assurance Committee as established by the County Medical Director/District Medical Director, contingent upon all Page 4 of 10 interested parties entering into a written mutually agreeable business associate agreement to ensure compliance with the HIPAA requirements and any other federal or state applicable laws. e. The District shall adhere to the patient care reporting system requirements that allows for view only access to patient care reports. The District will provide to Collier County a one-user login account to a view only patient care report dashboard of the District's Patient Care Reporting System to be used for continuum of care for a patient, quality assurance and performance benchmarking. Collier County will provide to the District a one-user login account to a view only patient care report dashboard of Collier County's Patient Care Reporting System to be used for continuum of care for a patient, quality assurance, and performance benchmarking. The Parties agree that it shall control the access and use to such patient care reports. The District will provide login access to the District's Patient Care Reporting System to the County Medical Director/District Medical Director, with such access protected from disclosure by the County Medical Director/District Medical Director. Both Parties will work cooperatively to ensure that any necessary third party providers, such as hospitals and emergency rooms, have view only access to the District's patient care reports. The Parties will also work cooperatively to implement a single consolidated patient care reporting system as soon as practicable. The Parties shall use their best efforts to negotiate and enter into any agreements that may be necessary to meet any and all lawful requirements, including those related to HIPAA. Page 5 of 10 3. This Interlocal Agreement shall take effect upon execution by the Parties ("Effective Date"). The term of the COPCN and this Interlocal Agreement shall be effective through March 31, 2017. 4. Should the District be found to have breached the terms of this Interlocal Agreement or the COPCN in any way, all written complaints shall be investigated by both the County staff and the District staff, and a report thereon made to both the Board of County Commissioners and the District Board of Fire Commissioners, together with findings and recommendations, within 15 days of such complaint. If termination of the Interlocal Agreement or revocation, suspension or alteration of the COPCN appears warranted, the Board of County Commissioners shall give notice to the District that the same will be considered at a specific commission meeting, provided the date of such meeting shall not be less than five days from the date of the notice. The Board of County Commissioners shall thereupon consider the complaint and either revoke or suspend the COPCN, terminate the Interlocal Agreement, suggest alternatives to the COPCN, or dismiss the complaint. Notwithstanding, this procedure shall be held in compliance with the County's COPCN Ordinance No.04-12, § 14, as amended. 5. Should the County or the County Medical Director/District Medical Director be found to have breached the terms of this Interlocal Agreement or the COPCN in any way, all written complaints shall be investigated by both the County staff and the District staff, and a report thereon made to both the Board of County Commissioners and the District Board of Fire Commissioners,together with findings and recommendations, within 15 days of such complaint. If termination of the Interlocal Agreement or alteration of the COPCN or the Interlocal Agreement appears warranted, the District shall give notice to the County that the same will be considered at a specific commission meeting, provided the date of such meeting shall not be less Page 6 of 10 than five days from the date of notice. The District Board of Fire Commissioners shall thereupon consider the complaint and either terminate the Interlocal Agreement or suggest alternatives to the COPCN or the Interlocal Agreement. 6. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way, whether directly or indirectl y, to the Lawsuit, the District agrees to dismiss the Lawsuit with prejudice. 7. In consideration of the resolution of the Lawsuit, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties, on behalf of themselves, their attorneys, agents, representatives, insurers, heirs, successors and assigns, hereby expressly releases and forever discharge each other, as well as their elected officials, officers, employees, ex-employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that they have asserted or could have asserted in the Lawsuit or that arise from or relate or refer in any way, whether directly or indirectly, to the Lawsuit or any incident, event or allegation referred to or made in the Lawsuit. 8. Notwithstanding anything that may be to the contrary in this Interlocal Agreement, District and the County agree that either of them (as well as any other persons or entities intended to be bound) shall, in the event of any breach, retain the right to enforce the terms and conditions of this Interlocal Agreement. 9. District and the County acknowledge and agree that this Interlocal Agreement is intended to and shall be binding upon their respective owners, principals, officials, officers, Page 7 of 10 employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, and affiliates. 10. District and the County recognize and acknowledge that this Interlocal Agreement memorializes and states a settlement of disputed claims and nothing in this Interlocal Agreement shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure,on the part of either District or the County. 11. District and the County acknowledge and agree that this Interlocal Agreement is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement to be construed against any Party based upon a claim that the Party drafted the ambiguous provision or language or that the Party was intended to be benefited by the ambiguous provision or language. 12. This Interlocal Agreement may be amended only by a written instrument specifically referring to this Agreement and executed with the same formalities as this Agreement. 13. In the event of an alleged breach of this Interlocal Agreement, District and the County agree that all underlying causes of action or claims of District related to the September 8, 2015 denial of the District's COPCN, have been extinguished by this Agreement and that the sole remedy for breach of this Agreement shall be for specific performance of its terms and conditions or any damages arising from the breach. In this regard, District and the County further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples,Florida. 14. This Interlocal Agreement shall be governed by the laws of the State of Florida. Page 8 of 10 15. Either the County or District may terminate this Interlocal Agreement after providing written notice of its intent to terminate at least thirty (30) days in advance of the date of termination. The District's COPCN is revoked on the termination date of this Interlocal Agreement without further action by the County. This Interlocal Agreement shall automatically terminate if the District is notified by the Florida Department of Health that its license to provide ALS service has been revoked under Ch. 401, Fla. Stat., and associated rules. Upon receipt of such notification,the District shall inform the County in writing. 16. This Interlocal Agreement supersedes the agreement titled "Interlocal Agreement Advanced Life Support Partnership Between Collier County and Big Corkscrew Island Fire Control and Rescue District"dated March 25, 2014. 17. Prior to its effectiveness, this Interlocal Agreement shall be filed with the Clerk of Courts for the Circuit Court for Collier County pursuant to Sec. 163.01 (2), Fla. Stat.. The County shall file said agreement as soon as practicable after approval and execution by both parties. IN WITNESS WHEREOF, District and the County have signed and sealed this Interlocal Agreement as set forth below. Date: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk DONNA FIALA,CHAIRMAN Approved as to form and legality: Jeffrey A.Klatzkow County Attorney Page 9 of 10 BY: Alt.,A-s4. Atta,It'''V‘.44")"...,"'''' North Cot er Fire Control and Rescue District DISTRICT Page 10 of 10