Agenda 07/24/2012 Item #16E67/24/2012 Item 16.E.6.
EXECUTIVE SUMMARY
Recommendation to approve an Interlocal Agreement between Collier County and Lee
County for Emergency Medical Services.
OBJECTIVE: To obtain the Board's approval to enter into an Interlocal Agreement between
Collier County ( "County ") and Lee 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 and Lee County are state licensed Emergency Medical
Services (EMS) providers and believe 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. This mutual aid shall include
both 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.
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 Lee County EMS 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 has been reviewed by both the County Attorney and
the Lee County Attorney's Office, is legally sufficient, and requires majority vote for approval. -
JAK
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
STAFF RECOMMENDATION: That the Board of County Commissioners approve and
authorize its Chairman to execute the Interlocal Agreement between Collier County and Lee
County for Emergency Medical Services.
PREPARED BY: Artie R. Bay, Supervisor, Emergency Medical Services Admin.
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7/24/2012 Item 16.E.6.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.6.
Item Summary: Recommendation to approve an Interlocal Agreement between Collier
County and Lee County for Emergency Medical Services.
Meeting Date: 7/24/2012
Prepared By
Name: BayArtie
Title: Supervisor - Accounting,EMS Operations
7/11/2012 5:03:02 PM
Approved By
Name: KopkaWalter
Date: 7/12/2012 8:01:17 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 7/12/2012 9:43:53 AM
Name: PriceLen
Title: Administrator, Administrative Services
Date: 7/12/2012 1:23:38 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 7/13/2012 9:38:01 AM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Management & Budget
Date: 7/13/2012 12:04:36 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 7/13/2012 1:36:05 PM
Name: OchsLeo
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Title: County Manager
Date: 7/13/2012 9:32:01 PM
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7/24/2012 Item 16.E.6.
7/24/2012 Item 16.E.6.
INTERLOCAL AGREEMENT 13ETWEEN COLLIER COUNTY AND LEE COUNTY
FOR EMERGENCY MEDICAL SERVICES
THIS INTERLOCAL AGREEMENT, hereinafter "Agreement," is made and entered into
this , 2012, by and between COLLIER COUNTY, apolitical subdivision of the
State of Florida, 3299 Tamiami Trail I -last, Naples, Florida 34112, and L1 1; COUNTY, a political
subdivision and charter county of the State of Florida, 2115 Second Street, Fort Myers, Florida
33901.
WHEREAS, the parties are state licensed Emergency Medical Services (EMS) providers
and believe 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; and
WHEREAS, this mutual aid shall include both 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; and
WHEREAS, the parties believe that providing ALS helicopter service to Collier County
will enhance response and transport times for critically ill or in victims and is mutually
advantageous and in the best interest of the public health, safety and welfare of its respective
citizens; and
WHEREAS, 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; and
WHEREAS, the parties desire to enter into an Interlocal Agreement to define their
respective responsibilities and liabilities in the event ol'a request for mutual aid from one of the
parties hereto.
NOW THEREFORE, in consideration of the mutual terms, conditions and promises
hereafter set forth, Collier County and Lee County agree as follows:
MUTUAL AID REQUESTS
I. In the event that a medical emergency occurs or exists within the territorial boundaries of
Collier County or Lee County and a party to this Agreement requests additional equipment and /or
manpower to be provided by the other party to this Agreement in order to bring the medical
emergency under control, or to aid in the treatment or rescue of any person, the following
provisions shall apply.
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7/24/2012 Item 16.E.6.
a. The Chief of Lee County EMS and the Chief of Collier County Fire/EMS, or their
designees, shall determine among themselves the operational procedures to be
employed by their respective agencies in the implementation of a mutual aid response
and shall instruct their respective Emergency 911 Dispatch Operators on the
operational procedures for the routing of mutual aid responses to the requesting party.
b. All requests for Mutual Aid pursuant to this Agreement 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. Each party shall, if possible, respond to a request for mutual aid with the appropriate
manpower and equipment, regardless of whether the site of the medical emergency lies
outside the territorial borders of that party's jurisdiction, subject to weather conditions,
mission commitment, crew availability and maintenance requirements.
II. In addition to the above, the following provisions shall apply to mutual aid requests:
a. The terms "requesting party" or "requesting agency" as used in this Agreement shall
mean the party requesting mutual aid in accordance with the terms of this Agreement,
or the party within whose jurisdiction a medical emergency occurs. The terms
"responding party" or "responding agency" shall mean the party or agency responding
to a request for mutual aid located in the other party's jurisdiction in accordance with
the terms of this Agreement.
b. The responding agency shall report to the person from the requesting agency, if any,
who is in charge at the location to which the equipment and /or personnel are
dispatched. Personnel of the responding agency shall obey any lawful order given by
the person from the requesting agency that is in charge. The personnel and/or
equipment of the responding agency shall be released by the requesting agency when
the services of the responding agency are no longer required or when the personnel
and /or equipment of the responding agency is needed in its own jurisdiction.
c. If the responding agency is unable to provide mutual aid to the requesting agency due
to an emergency or other extenuating circumstance, then it shall not be deemed to be a
violation of this Agreement. The determination of what constitutes an emergency or
extenuating circumstance shall be determined solely by the Chief of the responding
agency or his/her designee. If the responding agency is unable to render mutual aid, it
shall promptly notify the requesting agency that it will be unable to aid in or respond to
the requesting agency's emergency.
d. A responding agency under this Agreement shall bear the cost of any loss or damage to
its own equipment and shall be solely responsible for any expenses incurred in the
operation and maintenance of its equipment. The terms of this paragraph shall not be
construed to prevent a responding agency from recovering those costs permissible
under the law from any third party.
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7/24/2012 Item 16.E.6.
e. Each party shall be solely responsible for the compensation of its own employees at all
times during this Agreement, including any amounts paid or due for compensation for
personal injury or death which occurs while said employees are rendering aid pursuant
to this Agreement.
f. Each agency will charge the patient serviced by said agency directly for any treatment
or transport provided to the patient under the terms of this Agreement.
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g. Neither party nor its employees shall have a claim against the other party arising from
any aid provided pursuant to this Agreement. The parties agree that in the event of
any litigation arising out of any alleged breach or non - performance of this Agreement,
the venue for such litigation shall be in the county where the cause of said litigation
arose.
h. Collier County and Lee County EMS representatives 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 any employees working at or
around their respective helicopter(s). Collier County agrees to use only trained
personnel as landing zone controllers or when operating in or around the helicopter or
landing zone.
i. In the event either party hereunder desires or is required to provide any notice to the
other party, the party desiring or required to provide such notice shall provide it in
writing, send it by certified mail, return receipt requested, postage prepaid, to the other
party at the address listed below:
If to Collier County: Emergency Management Director ;
8075 Lely Cultural Pkwy Ste 445
Naples, Fl 34113
With a copy to: EMS Chief
Emergency Medical Services
8075 Lely Cultural Pkwy Ste 267
Naples, Fl 34113
If to Lee County: Lee County Public Safety Director
P. O. Box 398
Fort Myers, FL 33902 -0398
With a copy to: EMS Chief
Lee County Emergency Medical Services
P.O. Box 398
Fort Myers, FL 33902 -039$
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7/24/2012 Item 16.E.6.
j. Collier County and Lee County, as political subdivisions defined in Section 768.28,
Florida Statutes, each agree to be fully responsible to the limits set forth in such statute
for their own respective negligent acts or omissions, and agree to be liable to the
statutory limits for any damages proximately caused by said acts or omissions.
Nothing contained in this section shall be construed to be a waiver by either Collier
County or Lee County of any protections under sovereign immunity, Section 768.28,
Florida Statutes, or any other similar provision of law. Nothing contained herein shall
be construed to be a consent by either Collier County or Lee County to be sued by third
parties in any matter arising out of this or any other agreement.
k. This Agreement incorporates and includes all prior negotiations, correspondence,
agreements or understandings between the parties, and the parties agree that there are
no commitments, agreements or understandings concerning the subject matter of this
Agreement that are not contained in this document.
I. No modification, amendment or alteration in the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same
formality and of equal dignity herewith.
m. In the event any provision of this Agreement shall be held invalid and unenforceable,
the remaining provisions shall be valid and binding upon the parties. One or more
waivers by either party of any breach of any provision, term, condition or covenant
shall not be construed as a waiver of a subsequent breach by the other party.
n. The term of this Agreement shall begin after the last party has approved and signed this
Agreement and it has been filed with the Clerk of the Circuit Court of each party's
respective counties and shall automatically renew every year. This Agreement maybe
terminated, without cause and without penalty, by either party upon thirty (30) days'
written notice to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written.
ATTEST:
DWI GI IT E. BROCK, CLERK
, Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLL,IF.R COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
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