Loading...
Agenda 03/24/2015 Item #16E2 3/24/2015 16.E.2. EXECUTIVE SUMMARY Recommendation to approve an Interlocal Agreement between Collier County and the Sheriff of Broward County,Department of Fire Rescue and Emergency Services for mutual aid services. OBJECTIVE: To obtain the Board's approval to enter into an Interlocal Agreement between Collier County ("County") and Sheriff of Broward County to provide mutual aid in instances where medical emergencies occur and additional equipment and/or manpower is needed to bring the emergency under control or to aid in the rescue of persons. CONSIDERATIONS: Both Collier County and Sheriff of Broward County are state licensed Emergency Medical Services (EMS) providers and believe with the opening of the Alligator Alley Public Safety Center it is mutually advantageous and in the interest of the public health, safety and welfare of its citizens to enter into a mutual aid agreement in instances where medical emergencies occur and additional equipment and/or manpower is needed to bring the emergency under control or to aid in the rescue of persons. The Commission on Accreditation of Ambulance Services (CAAS) supports maintaining formal mutual aid agreements with neighboring jurisdictions. This mutual aid shall include ground Advanced Life Support (ALS) 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. A responding party will answer a call for mutual aid only to the extent that the available personnel and equipment are not required for adequate protection of the responding party's jurisdiction. Chapter 163, Florida Statutes, permits governmental units to enter into Interlocal agreements to make the most efficient use of their powers by enabling them to cooperate with one another on a basis of mutual advantage. It is the desire of both Collier County EMS and Sheriff of Broward County to enter into an Interlocal agreement to define their respective responsibilities and liabilities in the event of a request for mutual aid from either party to the agreement. FISCAL IMPACT: There is no fiscal impact resulting from this action. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires majority vote for Board approval. -JAB GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board approves and authorizes its Chairman to execute the Interlocal Agreement for mutual aid between Collier County and Sheriff of Broward County for Emergency Medical Services. Prepared By: Maria Franco, Administrative Assistant,EMS Attachments: Sheriff of Broward County Mutual Aid Packet Page -747- 3/24/2015 16.E.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.E.16.E.2. Item Summary: Recommendation to approve an Interlocal Agreement between Collier County and the Sheriff of Broward County, Department of Fire Rescue and Emergency Services for mutual aid services. Meeting Date: 3/24/2015 Prepared By Name: FrancoMaria Title: Administrative Assistant, EMS Operations 3/6/2015 3:00:04 PM Approved By Name: KopkaWalter Title: Chief-Emergency Medical Services, EMS Operations Date: 3/6/2015 3:23:28 PM Name: SummersDan Title: Division Director-Bureau of Emer Svc, Bureau of Emergency Services Date: 3/6/2015 4:52:35 PM Name: McLaughlinAlan Title: Fire Chief, Ochopee Fire Control District Date: 3/9/2015 8:27:45 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 3/10/2015 5:05:54 PM Name: PriceLen Title: Department Head-Administrative Svc, Administrative Services Department Date: 3/12/2015 3:14:29 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 3/13/2015 1:08:07 PM Packet Page -748- 3/24/2015 16.E.2. Name: KlatzkowJeff Title: County Attorney, Date: 3/16/201.5 8:41:40 AM Name: KimbleSherry Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 3/16/2015 9:39:40 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 3/16/2015 2:10:59 PM Packet Page -749- 3/24/2015 16.E.2. 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 day of , 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 Page 1 of 8 Packet Page-750- 3/24/2015 16.E.2. 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. Page 2 of 8 Packet Page-751- 3/24/2015 16.E.2. 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 Packet Page -752- 3/24/2015 16.E.2. ARTICLE 4 LIAM Lire 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 Page 4 of B Packet Page -753- 3/24/2015 16.E.2. 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 Page 5 of B \ Packet Page -754- �t'+ 3/24/2015 16.E.2. 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 8 Packet Page-755- 3/24/2015 16.E.2. With copy to: Ronald M. Gunzburger General Counsel Office of General Counsel Broward Sheriffs 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. Page 7 of 8 Packet Page -756- 3/24/2015 16.E.2. 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 l"COPCN"j 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: By: , Deputy Clerk TIM NANCE, CHAIRMAN day of , 2015 Approved as to form & legality subject to the execution by the parties CAA Jennifer A. Belp.. 032 c;' Assistant County Attorney c 47\ SHERIFF OF BROWARD COUNTY •. Gr � , A A-A. AAP Scott J srael, •-n day of 1(a/Ch , 2015 Approved as to fo & legal sufficiency subject to t - it.• by the parties By: Date: f Ronal• -:unzburger, General Counsel roward Sheriffs Office Page 8 of 8 Packet Page -757-