Agenda 10/27/2020 Item #16E 1 (Interlocal Agreement)10/27/2020
16.E.1
EXECUTIVE SUMMARY
Recommendation to approve an Interlocal Agreement for Mutual Aid between Collier County and
Hendry County for Emergency Medical Services (EMS).
OBJECTIVE: To provide mutual aid between Collier County and Hendry County EMS 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 Hendry 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 for 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 ground Advanced Life Support
(ALS) non -transport apparatus, ALS ambulances and 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 the basis of mutual
advantage. It is the desire of both Collier County EMS and Hendry 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.
Similar agreements are currently in place with Broward and Lee Counties. Staff is seeking an agreement
with Miami -Dade County as well. These agreements are required as part of the EMS accreditation
program.
FISCAL IMPACT: There is no fiscal impact resulting from this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for Board action. -JAB
RECOMMENDATION: To approve, and authorize the Chairman to execute, the Interlocal Agreement
for mutual aid between Collier County and Hendry County for Emergency Medical Services.
Prepared by: Tabatha Butcher, Chief, Collier County Emergency Medical Services
ATTACHMENT(S)
1. Hendry County Mutual Aid Agreement (PDF)
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16. E.1
10/27/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.1
Doe ID: 13867
Item Summary: Recommendation to approve an Interlocal Agreement for Mutual Aid between
Collier County and Hendry County for Emergency Medical Services (EMS).
Meeting Date: 10/27/2020
Prepared by:
Title: Division Director - EMS Operations — Emergency Medical Services
Name: Tabatha Butcher
10/07/2020 4:46 PM
Submitted by:
Title: Division Director - EMS Operations — Emergency Medical Services
Name: Tabatha Butcher
10/07/2020 4:46 PM
Approved By:
Review:
Administrative Services Department
Administrative Services Department
County Attorney's Office
Office of Management and Budget
Office of Management and Budget
County Attorney's Office
County Manager's Office
Board of County Commissioners
Paula Brethauer
Level 1 Department Reviewer
Len Price
Level 2 Department Head Review
Jennifer Belpedio
Level 2 Attorney of Record Review
Laura Wells
Level 3 OMB Gatekeeper Review
Laura Wells
Additional Reviewer
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Sean Callahan
Level 4 County Manager Review
MaryJo Brock
Meeting Pending
Completed
10/09/2020 1:54 PM
Completed
10/14/2020 10:13 AM
Completed
10/15/2020 11:06 AM
Completed
10/15/2020 11:18 AM
Completed
10/15/2020 11:18 AM
Completed
10/16/2020 11:31 AM
Completed
10/19/2020 9:25 AM
10/27/2020 9:00 AM
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16.E.1.a
INTERLOCAL AGREEMENT BETWEEN HENDRY COUNTY
AND COLLIER COUNTY
FOR EMERGENCY MEDICAL SERVICES
THIS AGREEMENT, hereinafter "Agreement", is made and entered into this day of
, 2020, by and between HENDRY COUNTY, a political subdivision of
the State of Florida, P.O. Box 2340, LaBelle, Florida, 33975-2340, hereinafter referred
to as "HENDRY" and COLLIER COUNTY, a political subdivision of the State of Florida,
3299 Tamiami Trail East, Suite 303, Naples, Florida 34112, hereinafter referred to as
"COLLIER" collectively, the "Parties".
WITNESSETH:
WHEREAS, each of the Parties is a state licensed Emergency Medical Services
(EMS) provider 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 HENDRY
will enhance response and transport times for critically ill or injured victims and is mutually
advantageous and in the best interest of the public health, safety and welfare of its
respective citizens; and
WHEREAS, certain areas within Hendry County are most easily accessed by
roads within Collier County and the Parties agree that it would be most efficient for
COLLIER to be the entity dispatched to provide service for medical emergencies; and
WHEREAS, Section 163.01, 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 aid from the
other party hereto.
NOW THEREFORE, in consideration of the mutual terms, conditlons and promises
hereafter set forth, HENDRY and COLLIER agree as follows:
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16.E.1.a
The recitals set forth above are true and correct and form a factual and legal basis
for HENDRY and COLLIER entering into this Agreement.
2. In the event that a medical emergency occurs or exists within the territorial
boundaries serviced by HENDRY or COLLIER 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 COLLIER EMS and the Chief of HENDRY 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 -
lb. 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.
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
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16.E.1.a
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 are 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.
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 bodily injury or death which occurs while said
employees are rendering aid pursuant to this Agreement.
f. If applicable, 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.
g. Neither party nor its employees shall have a claim against the other party
arising from any aid provided pursuant to this Agreement.
h. HENDRY and COLLIER 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 helicopter(s). HENDRY agrees to use
only trained personnel as landing zone controllers or when operating in or
around the helicopter or landing zone.
4. 1n the event that a medical emergency occurs or exists along or near the following
roads in Hendry County, dispatch staff for HENDRY will first contact COLLIER and
COLLIER will respond and provide appropriate service if availble'.
• Wainwright Road
• Nafi Drive
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16.E.1.a
• Sprouse Drive
• Sams Avenue
• Scotts Avenue
• Cliffs Avenue
• Halls Avenue
The provisions of Section 3.c through 3.g above shall govern services provided
under this Section 4.
5. 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 HENDRY: Hendry County Public Safety Operations Chief
P.O. Box 2340
LaBelle, FL 33975
With a copy to: Hendry County Administrator
P.O. Box 2340
LaBelle, FL 33975
If to COLLIER: Collier County EMS Chief
Emergency Medical Services
8075 Lely Cultural Pkwy Ste 267
Naples, Florida 34113
With a copy to: County Manager of Collier County
3299 Tamiami Trail East
Naples, Florida 34112
6. HENDRY and COLLIER, 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 HENDRY or COLLIER 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 HENDRY or COLLIER to be sued by third parties in any
matter arising out of this or any other agreement.
7. 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
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16.E.1.a
understandings concerning the subject matter of this Agreement that are
not contained in this document.
8. 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.
9. 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.
10. 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.
11. 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 county and shall automatically renew every
year. This Agreement may be 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:
By:
Kim Barrineau, Ad Interim Clerk
ATTEST:
.92
Crystal K. Kinzel, Clerk
BOARD OF COUNTY COMMISSIONERS
HENDRY COUNTY, FLORIDA
Mitchell Wills, Chairman
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Burt L. Saunders, Chairman
Approved as to term and legality
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Assistatai County Attunicy
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