Loading...
Agenda 06/26/2018 Item #11B06/26/2018 EXECUTIVE SUMMARY Recommendation to adopt the agreed upon Interlocal Agreement between the County and the City of Marco Island in the event of approval of the Marco Island Certificate of Public Convenience and Necessity (COPCN) application or consider alternatives for providing a second ambulance to Marco Island. (This is a companion to Agenda Item to 11.C) OBJECTIVE: To provide operating parameters in the form of an Interlocal Agreement between the County and the City of Marco Island in the event the COPCN application is approved or consider other options for providing the City of Marco a second full time ambulance. CONSIDERATIONS: On May 22, 2018, the Board directed County staff to work with the City of Marco Island to develop an Interlocal Agreement outlining conditions for operations if Marco Island were granted a COPCN. County and Marco Island staff jointly negotiated an Interlocal Agreement which includes the following conditions: 1. Requires voter approval via a Marco Island referendum in August 2018. 2. The City will provide two (2) full time, 24hours/365 days ALS transport ambulances. 3. The County and the City agree to fully participate in closest unit dispatch. 4. The City agrees to follow transport protocols for the use of Medflight. 5. The City and County agree to manage zone coverage cooperatively. 6. The City will provide ambulance coverage to Goodland without additional charges to the County. 7. The City will provide one-year notice to Collier County in the event they desire to revert ambulance services back to Collier County. Additionally, County and Marco Island staff developed an Operational Plan that further outlines day -to- day operations. This Operational Plan can be modified jointly by the Department Chiefs as needed. The Emergency Medical Authority’s (EMA) Majority Report recommended specific conditions to be placed in the Interlocal Agreement between the County and the City of Marco Island. Some of these conditions were mutually agreed upon in the proposed Interlocal Agreement; however, the following proposed conditions were struck by the City of Marco Island: 1. Marco Island utilizes an Assistant Medical Director supervised by the County Medical Director. 2. Marco Island will not request reimbursement of ad valorem taxes from Collier County. In lieu of an Interlocal Agreement and COPCN approval, staff provided alternatives for a second full time ambulance to the City of Marco Island. On February 20, 2018 the County Manager forwarded a list of these alternatives to the City Manager that would provide more cost-effective options to residents of Marco Island as opposed to the overhead cost of establishing a separate EMS component within the County. Those alternatives are as follows: Alternative #1: Reassign Current Staff/Eliminate Swap Program This alternative would remove the “swap component” but provide a second full time ambulance dedicated to Marco Island by re-allocating existing employees from fire apparatus and ambulance to a second ambulance. This will allow County EMS to maintain control of EMS services and reduce the risk of fragmentation, while providing a second transport ambulance and equipment with no added costs for the re-allocation of resources. If this alternative was implemented, the City would be required within 24 months to pay the County for the cost of a new ambulance and associated equipment, currently estimated at $280,000. 11.B Packet Pg. 124 06/26/2018 Alternative #2: Hire an additional Paramedic/Maintain Swap Program This alternative would maintain the “swap component” but provide a second full time ambulance dedicated to Marco Island by re-allocating one Marco employee to the ambulance and hiring an additional County EMS employee to staff the second ambulance. This will allow County EMS to maintain control of EMS services and reduce the risk of fragmentation, while providing a second transport ambulance for Marco Island. The cost to the City for this alternative is approximately $514, 761.82 for three (3) FTEs and the cost of ambulance and equipment. As suggested above, an alternative would allow the City initially to only pay for the costs of the fully burdened FTEs, deploying them temporarily on a reserve County ambulance, and allow the City up to 24 months from program implementation to provide funding for a new ambulance and equipment. Alternative #3: Cost Share Additional Unit Keep the seasonal unit on Marco Island year-round with Marco covering the additional cost. This would require six (6) additional FTEs for the additional seven months at a cost of $273,888.78 plus equipment for $17,500. Eventually that ambulance will have to be replaced at an approximate cost of $250,000 and a cost could be negotiated at that time. This alternative will provide Marco with an additional full -time ambulance while maintaining one consolidated EMS service. As a separate policy consideration, the Board could decide to fund the full cost of Alternative #3. FISCAL IMPACT: Granting the COPCN and approving the Interlocal Agreement will result in loss of revenue from patients transported by Marco Island Fire District estimated at approximately $700,000 to $1,000,000 annually. If the County chooses to bear the cost of adding an additional ambulance and FTEs the cost estimate is approximately $541,388.78. GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with this Executive Summary. 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: To consider other alternatives for adding ambulance services to Marco Island or in the event the COPCN application is approved, to approve the Interlocal Agreement. Prepared by: Tabatha Butcher, Chief, Collier County EMS ATTACHMENT(S) 1. Marco Island Interlocal COCPN (w CAO revisions)v2 (DOCX) 2. Collier County EMS and Marco Fire Operational Plan 6-15-18 (DOCX) 11.B Packet Pg. 125 06/26/2018 COLLIER COUNTY Board of County Commissioners Item Number: 11.B Doc ID: 6030 Item Summary: Recommendation to adopt the agreed upon Interlocal Agreement between the County and the City of Marco Island in the event of approval of the Marco Island Certificate of Public Convenience and Necessity (COPCN) application or consider alternatives for providing a second ambulance to Marco Island. (This is a companion to Agenda Item 11.C) (Tabatha Butcher, EMS Chief) Meeting Date: 06/26/2018 Prepared by: Title: Supervisor - Accounting – Emergency Medical Services Name: Artie Bay 06/19/2018 5:24 PM Submitted by: Title: Division Director - EMS Operations – Emergency Medical Services Name: Tabatha Butcher 06/19/2018 5:24 PM Approved By: Review: Administrative Services Department Len Price Level 1 Division Reviewer Completed 06/19/2018 5:26 PM Emergency Medical Services Len Price Additional Reviewer Skipped 06/19/2018 5:34 PM Administrative Services Department Len Price Level 2 Division Administrator Review Completed 06/19/2018 5:38 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/20/2018 7:08 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/20/2018 8:20 AM Office of Management and Budget MaryJo Brock Additional Reviewer Skipped 06/20/2018 9:19 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/20/2018 9:26 AM Board of County Commissioners MaryJo Brock Meeting Pending 06/26/2018 9:00 AM 11.B Packet Pg. 126 1 INTERLOCAL AGREEMENT BY AND BETWEEN COLLIER COUNTY AND THE CITY OF MARCO ISLAND FOR EMERGENCY MEDICAL SERVICES THIS INTERLOCAL AGREEMENT, hereinafter "Agreement," is made and entered into this _______________, 2018, by and between COLLIER COUNTY, a political subdivision of the State of Florida, 3299 Tamiami Trail East, Naples, Florida 34112, herein referred to as “the County,” and CITY OF MARCO ISLAND, a political subdivision of the State of Florida, 1280 San Marco Road, Marco Island, Florida 34145, herein referred to as “the City.” WITNESSETH: WHEREAS, this Interlocal Agreement shall be contingent upon approval by a majority of those qualified electors residing within the City of Marco Island of a referendum supporting the issuance of a Certificate of Public Convenience and Necessity (“COPCN”) and the associated funding to be held on August 28, 2018; and WHEREAS, this Interlocal Agreement supersedes the Advanced Life Support Partnership Agreement between the County and the City dated May 22, 2007; and 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/automatic 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/automatic aid shall include Advanced Life Support (ALS) ambulances essential for the response to 911 emergencies and emergency inter-facility transports of critically ill or injured victims or persons; and WHEREAS, this mutual aid shall include ALS helicopter service for the transport of critically ill or injured victims or persons if available; and WHEREAS, the County agrees to provide County ALS ambulance services as needed, and in compliance with this Agreement, and the City agrees to provide Fire Rescue ALS ambulance services as needed, and in compliance with this Agreement; and 11.B.1 Packet Pg. 127 Attachment: Marco Island Interlocal COCPN (w CAO revisions)v2 (6030 : Marco Island Interlocal COPCN) 2 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 of a request for mutual/automatic aid from one of the parties hereto. NOW THEREFORE, in consideration of the mutual terms, conditions and promises hereafter set forth, the parties agree as follows: 1. The City shall provide ambulance service to Goodland without any additional charges to Collier County. 2. The City shall follow Collier County EMS Transport protocols when requesting helicopter mutual aid to respond to Marco Island. 3. The City will provide interfacility transport from Marco Island Urgent Care Center and Physician’s Regional Clinic or like facilities within Marco Island boundaries. 4. The City shall provide one-year notice to Collier County in the event they desire to revert ambulance services to Collier County. 5. The City will provide a minimum of two (2) full time, 24 hours/365 days ALS transport ambulances with an additional squad/surge ambulance. 6. The City will employ its own Medical Director who shall work cooperatively with the County Medical Director. 7. The City and County agree to manage zone coverage cooperatively. 8. The City and the County will fully participate in Closest Unit Dispatch protocols consistent with the entire County response plan. 11.B.1 Packet Pg. 128 Attachment: Marco Island Interlocal COCPN (w CAO revisions)v2 (6030 : Marco Island Interlocal COPCN) 3 9. The City and the County will report statistical data to the Collier County Emergency Medical Authority Advisory Board. 10. The City and the County will immediately notify the Infectious Control Officer of the other agency if they become aware of an exposure or potential exposure by an employee of the other agency to an infectious disease, so they may take appropriate action. 12. County and City 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 procedure s for their respective employees to assure dispatching procedures are followed and to provide for the safety of any employees working at or around the helicopter(s). Collier County and the City of Marco Island agree to use only trained personnel as landing zone controllers or when operating in or around the helicopter or landing zone. 13. An ALS Operations Plan will be developed, which further outlines operational procedures and may be revised by mutual covenant between the Chief of Collier County EMS and the Chief of Marco Island Fire Rescue. Such revisions must not conflict with the terms and standards set forth in this Agreement. Mutual/Automatic Aid Requests 14. If a medical emergency occurs or exists within the territorial boundaries of Collier County or the City of Marco Island 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. a. The Chief of Marco Island Fire Rescue and the Chief of Collier County Fire/EMS, or their designees, shall determine among themselves the operational procedures to be 11.B.1 Packet Pg. 129 Attachment: Marco Island Interlocal COCPN (w CAO revisions)v2 (6030 : Marco Island Interlocal COPCN) 4 employed by their respective agencies in the implementation of a mutual/automatic aid response and shall instruct the Emergency 911 Dispatch Operators on the operational procedures for the routing of mutual/automatic 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/automatic 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. d. The County shall notify the City of Marco Island thru the CAD anytime the ALS helicopter is expected to be out of service. 15. In addition to the above, the following provisions shall apply to mutual/automatic aid requests: a. The terms "requesting party" or "requesting agency" as used in this Agreement shall mean the party requesting mutual/automatic 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/automatic 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 11.B.1 Packet Pg. 130 Attachment: Marco Island Interlocal COCPN (w CAO revisions)v2 (6030 : Marco Island Interlocal COPCN) 5 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/automatic 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/automatic 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. Legal Matters 16. Dispute Resolution. Before the commencement of any proceedings, in the event that the Parties disagree regarding the interpretation of this Agreement, or the fulfillment of obligations required hereunder, either Party must first request an appeal in which the issues will be discussed by the City Manager and the County Manager. Should the dispute not be resolved, the Chair of each of the governing parties shall meet in an effort to resolve the dispute. Should the dispute still not be resolved, the parties may then pursue their legal remedies. 17. Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, and may be signed in counterpart. 11.B.1 Packet Pg. 131 Attachment: Marco Island Interlocal COCPN (w CAO revisions)v2 (6030 : Marco Island Interlocal COPCN) 6 18. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. All notices and other communications required or permitted hereunder shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed as follows: If to Collier County: County Manager 3299 Tamiami Trail E Naples, Fl 34112 With a copy to: EMS Chief Emergency Medical Services 8075 Lely Cultural Pkwy Ste 267 Naples, Fl 34113 City of Marco Island: City Manager 50 Bald Eagle Marco Island, Fl 34145 With a copy to: City of Marco Island Fire Rescue Chief 50 Bald Eagle Dr. Marco Island, Fl. 34145 19. This Agreement constitutes the entire agreement between the parties with respect to the activities noted herein and supersedes and takes the place of any and all previous agreements entered into between the parties hereto relating to the transactions contemplated herein. All prior representations, undertakings, and agreements by or between the parties hereto with respect to the subject matter of this Agreement are merged into, and expressed in, this Agreement, and any and all prior representations, undertakings, and agreements by and between such parties with respect thereto hereby are canceled. Nothing contained herein shall be deemed or construed to create between or among any of the parties any joint venture or partnership nor otherwise grant to one another the right, authority or power to bind any other party hereto to any agreement whatsoever. 20. Collier County and the City of Marco Island each agree to be fully responsible 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 the City of Marco Island of any protections under sovereign immunity, Section 768.28, Florida Statutes, or any other similar provision of law. 11.B.1 Packet Pg. 132 Attachment: Marco Island Interlocal COCPN (w CAO revisions)v2 (6030 : Marco Island Interlocal COPCN) 7 Nothing contained herein shall be construed to be a consent by either Collier County or City of Marco Island to be sued by third parties in any matter arising out of this or any other agreement. 21. 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. 22. This Agreement shall begin as of the effective date of the Certificate of Public Convenience and Necessity issued by the County to the City, and is predicated on the City maintaining the Certificate in good standing. 23. Each party (1) shall maintain insurance in the minimum amounts and types required by Florida State Statutes; (2) 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 ai d pursuant to this Agreement, and (3) will charge the patient serviced by said agency directly for any treatment or transport provided to the patient under the terms of this Agreement. 24. Neither party nor its employees shall have claim against the other party arising from any aid provided or prolonged response times pursuant to this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW 11.B.1 Packet Pg. 133 Attachment: Marco Island Interlocal COCPN (w CAO revisions)v2 (6030 : Marco Island Interlocal COPCN) 8 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 BOARD OF COUNTY COMMISSIONERS LAIRD A. LILE, CLERK AD INTERIM COLLIER COUNTY, FLORIDA ______________________________ By: ________________________________ , Deputy Clerk ANDY SOLIS, CHAIRMAN Approved as to form and legality: _______________________________ Jeffrey A. Klatzkow, County Attorney ATTEST: CITY OF MARCO ISLAND, FLORIDA ______________________________ By: ________________________________ Laura M. Litzan, City Clerk JARED GRIFONI, CHAIRMAN Approved as to form and legal sufficiency: ___________________________ Alan L. Gabriel, City Attorney 11.B.1 Packet Pg. 134 Attachment: Marco Island Interlocal COCPN (w CAO revisions)v2 (6030 : Marco Island Interlocal COPCN) COLLIER COUNTY EMERGENCY MEDICAL SERVICES AND CITY OF MARCO ISLAND OPERATIONAL PLAN REFERENCE: INTERLOCAL AGREEMENT, _______________________, 2018 This operational plan is established to provide operational efficiencies while maintaining coverage in each parties’ respective boundaries. OPERATIONAL PROCEDURES a. The County Battalion Chief 80 and City Battalion Chief 50 will consult openly to assure continuity and efficiency. b. It is recognized by the County and the City that harmonious and productive relationships between all personnel are necessary. Teamwork and cooperation is encouraged and expected. c. County and City staff will assure all personnel operate in accordance with Computer Aided Dispatch (CAD) and the CCFCA Communications Manual. d. The County and City will be responsible for responding to calls for service in their respective boundaries except for units that are recommended as closest unit dispatch. Any deviations from this practice will be decided between Battalion Chiefs. e. The City will provide a minimum of two (2) full time, 24hours/365 days ALS transport ambulances with an additional squad/surge ambulance. f. The City and the County agree to manage zone coverage cooperatively. The County Battalion Chief will work directly with the City’s Battalion Chief to ensure adequate zone coverage for the City and the County. g. The City will be responsible for the purchase and maintenance of ambulances, medications and equipment. The County will not be responsible for providing back-up equipment or medications, unless mutually agreed upon and beneficial for both agencies. h. The City will be responsible for all staffing of Marco Island ambulances. The City and County will be responsible staffing their respective agencies. i. The City will appoint a member to participate in the County Quality Assurance Committee. j. Patient care concerns reported by either agency shall be made in writing to e ach agency whenever possible and including pertinent specific details. k. The City will follow County transport protocols regarding the use of the helicopter. Collier County helicopter will be utilized for transport of critically injured patients. 11.B.2 Packet Pg. 135 Attachment: Collier County EMS and Marco Fire Operational Plan 6-15-18 (6030 : Marco Island Interlocal COPCN)