Agenda 02/28/2023 Item #16F 4 (Renew the North Collier Fire Control and Rescue District's COPCN)16. F.4
02/28/2023
EXECUTIVE SUMMARY
Recommendation to renew the North Collier Fire Control and Rescue District's Certificate of Public
Convenience and Necessity for Advanced Life Support non -transport services for one year and authorize the
Chairman to execute the Permit and Certificate.
OBJECTIVE: To renew the Certificate of Public Convenience and Necessity (COPCN) issued to North
Collier Fire Control and Rescue District for Class 3 Advanced Life Support ("ALS") non transport services in
Collier County for a period of one year.
CONSIDERATIONS: North Collier Fire Control and Rescue District is currently operating under a COPCN
for ALS non -transport services. Section 10 of Collier County Ordinance No. 04-12, as amended, allows renewal
certificates to be approved routinely by the Board upon advice of the County Manager or designee. The Director
of the Bureau of Emergency Services is the County Manager's designee.
In addition, Section 10 provides that renewals are based on the same standards as the granting of the original
COPCN along with such other factors as may be relevant. The minimum requirements for an application to
be deemed complete are set forth in Collier County Ordinance No. 04-12, as amended, Section 5. The application is
back-up to this item.
In accordance with Section 10 of Ordinance No. 04-12, as amended, the Director of the Bureau of Emergency
Services recommends approval based on his finding that there is a public necessity for North Collier Fire Control
and Rescue District to provide the service and that all other requirements under Ordinance No. 04-12 have
been met. The Emergency Medical Authority voted unanimously at their December 14, 2022, meeting to recommend
a one-year renewal. References and list of apparatuses have been updated. All other information from the past
application remains the same.
If this item is approved by the Board, the renewal COPCN and Permit will commence on March 30,
2023, and will expire on March 30, 2024.
FISCAL IMPACT: There is no fiscal impact to the Board for the granting of this certificate. The Board is
requested to accept and recognize as revenue in EM Fund (001) the $250.00 application fee with the
corresponding application.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact.
LEGAL CONSIDERATIONS: The Ordinance allows the renewal COPCN to be approved routinely by the Board
without a hearing. If a hearing is held the standards set forth in Ordinance No. 04-12, Section 7 apply. Section 7
states:
"The Board of County Commissioners shall not grant a certificate unless it shall find, after public hearing and based on
competent evidence that each of the following standards has been satisfied:
A. That there is a public necessity for the service. In making such determination, the Board of County
Commissioners shall consider, as a minimum, the following factors:
1. The extent to which the proposed service is needed to improve the overall emergency medical
services (EMS) capabilities of the County.
2. The effect of the proposed service on existing services with respect to quality of service and cost of
service.
3. The effect of the proposed service on the overall cost of EMS service in the County.
Packet Pg. 1221
16. F.4
02/28/2023
4. The effect of the proposed service on existing hospitals and other health care facilities.
5. The effect of the proposed service on personnel of existing services and the availability of
sufficient qualified personnel in the local area to adequately staff all existing services.
(2) That the applicant has sufficient knowledge and experience to properly operate the proposed service.
(3) That, if applicable, there is an adequate revenue base for the proposed service.
(4) That the proposed service will have sufficient personnel and equipment to adequately cover the
proposed service area."
Ordinance No. 04-12, Section 8 provides:
"In making the determinations provided for in Section 7 above, the Board may, in its sole discretion, appoint a
Hearing Officer to hold a public hearing and to make factual findings and conclusions because of the hearing.
Should a Hearing Officer be appointed, said Hearing Officer shall render a written report to the Board within
30 days of the hearing, which report shall contain the officer's findings and conclusions of fact, and a
recommended order. The findings and conclusions of fact shall be binding upon the Board, but the recommended
order shall be advisory only."
This item is approved as to form and legality and requires a majority vote for approval. - RTT
RECOMMENDATION: That the Board of County Commissioners:
1. Accepts the Director of the Bureau of Emergency Services' findings.
2. Approves and authorizes the Chairman to execute a Permit and renewal COPCN to North Collier Fire
Control and Rescue District for ALS Non -Transport.
Prepared by: Dan E. Summers, Director of Bureau of Emergency Services
2
Packet Pg. 1222
16. F.4
02/28/2023
2
ATTACHMENT(S)
1. Application (PDF)
2. CAO Approved Permit 2023 (PDF)
3.2023 NCFCRD Certificate (002) (DOCX)
4. CAO Approved VIN List 2023 (PDF)
5. Settlement Agreement NCF (PDF)
Packet Pg. 1223
16. F.4
02/28/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 161.4
Doe ID: 24740
Item Summary: Recommendation to renew the North Collier Fire Control and Rescue District's Certificate of
Public Convenience and Necessity for Advanced Life Support non -transport services for one year and authorize the
Chairman to execute the Permit and Certificate.
Meeting Date: 02/28/2023
Prepared by:
Title: Executive Secretary — Emergency Management
Name: Kathy Heinrichsberg
02/16/2023 4:41 PM
Submitted by:
Title: Division Director - Bureau of Emer Svc — Emergency Management
Name: Daniel Summers
02/16/2023 4:41 PM
Approved By:
Review:
Emergency Management
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Community & Human Services
County Manager's Office
Board of County Commissioners
Daniel Summers Director Review
Ronald Tomasko Level 2 Attorney of Record Review
Debra Windsor Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Maggie Lopez Additional Reviewer
Amy Patterson Level 4 County Manager Review
Geoffrey Willig Meeting Pending
Completed
02/17/2023 11:11 AM
Completed
02/17/2023 11:39 AM
Completed
02/17/2023 12:55 PM
Completed
02/17/2023 3:23 PM
Completed
02/21/2023 2:02 PM
Completed
02/22/2023 9:42 AM
02/28/2023 9:00 AM
Packet Pg. 1224
HAND DELIVERED
Amy Patterson, County Manager
Collier County
3299 Tamiami Trail East
Naples, Florida 34112
Re: Certificate of Public Convenience and Necessity (COPCN) Renewal Application
Dear Ms. Patterson:
Pursuant to Collier County Ordinance 81-75, please consider this correspondence as the District's application v
to renew its Class 3 Advanced Life Support (ALS) non -transport Certificate of Public request Convenience and
L
Necessity (COPCN). u_
L
Enclosed please find a check in the amount of $250.00 towards the renewal fee, the names of the District's —
Board of Fire Commissioners, (Attachment "A"), a list of the District's Apparatuses (Attachment "B"), and ci
references (Attachment "C").
0
The District has continued to provide high quality ALS Non -Transport services. The District also continues to Z
participate in the Collier County Non -Transport Quality Assurance Committee, the Collier County Fire/EMS
Chiefs Protocol Sub -Committee, and communication with Dr. Tober and Dr. Lee. N
I hereby respectfully request the approval of the District's application to renew its COPCN. o
�a
If you have any questions reference this matter, please feel free to contact my office at your convenience. .2CL
a
a
Sincerely,
m
E
Eloy Ricardo
a
Fire Chief
cc: Dan E. Summers, Director, Bureau of Emergency Services
Tabatha Butcher, Chief, Emergency Medical Services
Enclosure
NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT
1885 veterans Park Drive Naples, FL 34109 . (239) 597-3222 . northcollierfire.com
FIRE CHIEF ELOY RICARDO
BOARD OF FIRE COMMISSIONERS
M. James Burke . Christopher Crossan .James A. Calamari . Norman E. Feder . J. Christopher Lombardo
Packet Pg. 1225
BOARD OF FIRE COMMISSIONERS
1. M. James Burke
1885 Veterans Park Drive
Naples, Florida 34109
2. James Calamari
1885 Veterans Park Drive
Naples, Florida 34109
3. Christopher Crossan
1885 Veterans Park Drive
Naples, Florida 34120
4. Norman E. Feder
1885 Veterans Park Drive
Naples, Florida 34109
5. J. Christopher Lombardo
1885 Veterans Park Drive
Naples, Florida 34109
Attachment "A"
Packet Pg. 1226
District Vehicles
010
Pierce
4PICUOIE3AA010553
002
—Quantum
Pierce
4PICT02SO2AO02256
004
—Quantum
Pierce
4PICT02S93AO03679
005
—Quantum
Ford
F450
1FDAF56P95ED24543
012
Ford
350
1FT8W3BT6CEC56211
013
Pierce
RAPEL
4PICJOIA8EA014108
013
Pierce
IMPEL
4PICJOIA8EA014125
2006
Pierce
4PICUOIS36A006032
005
—Quantum
Pierce
Contender
4PICCOIM65AO04732
016
Pierce
Pumper
4PIBAAFF7GA015968
013
Ford
F550
1FDOX5HTXDEA80905
015
Ford
F550
IFDOX5HT2FEB71542
006
SUTPHEN
S2
1 S9A 1 BLD261003097
016
Pierce
Quantum
4PlBAAFF5HAO17350
016
Pierce
Quantum
4PIBAAFF9HAO17349
017
Pierce
fMPEL
PIBAAFF7HAO187379
017
Pierce
VELOCITY
4PIBCAGFXHAO17417
017
Pierce
VELOCITY
4PIBCAGFIJA019828
005
international
N4EDTEC
1HTMNAAM67H460580
017
Ford
-450
1FDUF4GTXHDA02636
2017
Ford
-450
1FDUF4GT4HEC04205
017
Ford
-450
1FDUF4GT1HDA02637
1998
Pierce
Quantum
4PICT02S5WA000816
1998
Pierce
Quantum
4PICT02SIWA000604
1998
Pierce
Quantum
4PICT02S4WA000600
013
Ford
F250
IFT7W2B69DEA80904
021
Praun
Ambulance
IIFDUF4GT5KEG78994
a
Attachment "B"
Packet Pg. 1227
REFERENCES
Michael Reagen
10391 Regent Circle
Naples, Florida 34109
2. Ramon Chao
164 Flame Vine Drive
Naples, Florida 34110
3. Reg Buxton
1885 Veterans Park Drive
Naples, Florida 34109
c
0
ca
Q
Q.
a
:.o
c
m
E
U
c2
Q
Attachment "C"
Packet Pg. 1228
1 6.F.4.b
COLLIER COUNTY FLORIDA
Renewal of Class "3" COCPN
This Permit is effective March 30, 2023, and
Expires March 30, 2024
Name of Service: North Collier Fire Control and Rescue District
Name of Owner: North Collier Fire Control and Rescue District
Principle Address of Service: 1885 Veterans Park Drive, Naples, FL 34109
Business Telephone: 239-597-3222
Description of Service: Non -Transport Advanced Life Support
Number of Ambulances: 27 Ground Units available.
See Application for Description of Vehicles
This permit, as provided by Ordinance No. 2004-12, as amended, shall allow the above
named Non -transport ALS Service to operate within the North Collier Fire Control and
Rescue District response boundary and pursuant to the Collier County Fire Chiefs Local
Mutual Aid Agreement until the expiration date hereon, except that this permit may be
revoked by the Board of County Commissioners of Collier County at any time the service
named herein shall fail to comply with any local, state or federal laws or regulation
applicable to North Collier Fire Control and Rescue District.
Issued and approved this day of 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
Deputy Clerk Rick LoCastro, Chairman
Approved as to form and legality:
Ronald T. Tomasko
Assistant County Attorney
[23-EMG-00493/1770722/1
Packet Pg. 1229
(IBMOUON N3do3 aal=l JOII103 4:PoN : OPLtiZ) (ZOO) a;eOMP83 (3N3=13N £ZOZ :;u8w43elly
W
a
U
d d
d
3 3
3
t
Q
District Vehicles
2010
002
Pierce_
Pierce _fF4
ntum _._.._
ntum
P.10001 E3AA01055%
P1CT02SO2A002256004
ierce
Ford
ntum
0 T
PICT02S93AO03679U05
1FDAF56P95ED24543
012 (Ford
F350
IFT8W3B"r6CEC56211
013
Pierce
IMPEL
4PICJOIA8EA014108
013
Pierce
IMPEL
4PICJOIA8EA014125
006
Pierce
uantum
4P1 CUOI S36AO06032
005
Pierce
Contender
PICCO1M65AO04732
2016
Pierce
Purnper
PIBAAFF7GA015968
013
Ford
F550
I FDOX5HTXDEA80905 i
015
Ford
F550
IFDOX5FI'1'2:FEB71542
2006
SUTPHEN
S2
1 S9A 1 BL.D261003097 _ y
�016
PPierce
uantum
I4PIBAAFF511AO17350
2016
Pierce
(Quantum
14P1BAAFF9HA017349 I
''2017
ierce
IMPEL
4P1 BAAFF7fiA0187379 _ .._.
O17
Pierce
VELOCITY
PIBCAGFXHA017417
LOi7
Pierce
VELOCITY
4PIBCAGFIJA019828
2005
International
MEDTEC
IHTMNAAM67H46058�0
017
Ford
-450
IFDUF4GTXHDA02636 I
017
Ford
F-450
1 FDUF4(.iT4HECO4205 i
017
Ford
-450
1 FDLJF4GT.l HDA02637 i
1998
Pierce
uantum
PICT02S5WA00081.6
1998
iPierceQuantum
RPICT02SIWA000604
11998
Pierce
Quantum
4PICT02S4WA000600
013
Ford
F250
I FT7W2B69DEA80904
�T21
1Braun
Ambulance
IFDUF4G'I'5KEG78994
Attachment "B"
3
d
w
z
0
IL
0
U
L
ii
m
0
c�
s
1=
0
z
0
ti
N
M
N
0
N
T)
J
z
d
0
CLL.
a
a
O
Q
c�
_
d
E
s
cW
Q
Packet Pg. 1231
16.F.4.e
10 A
Coiinty of Collier
CLERK OF THE CIRCNIT COURT
COLLIER COUNTY£OURT�IOUSE
3315 TAMIAMI TRL E STE 102 Dwight E. Brock -erk of Circuit Court
NAPLES. FL 34112-5324 J. P.O. BOX 4130"
Clerk of Courts • Comptroller • Audrt • Cystodian ofcount, Funds NAPLES. FL 34101.3044
March 23, 2016
Margaret Hanson, Secretary -Treasurer
Board of Fire Commissioners
North Naples Fire Control & Rescue District
1885 Veterans Park Drive
Naples, FL 34109
Re: Settlement Agreement between North Collier Fire Control and Rescue
District and the Board of County Commissioners of Collier County Florida
Ms. Hanson,
Attached for the records of North Collier Fire Control & Rescue District Board of Fire
Commissioners is an original copy of the Interlocal Agreement, approved by the
Board of County Commissioners during their meeting held on March 22, 2016.
The second original agreement is being recorded in the Official Records of the Collier
County Clerk of the Circuit Court and will subsequently be held in the Minutes and
Records Department for the Board's Official Record.
If you need further information, please feel free to contact me at 252-8406.
Thank you.
DWIGHT E. BROCK, CLERK
Ann Jennejohn,
Deputy Clerk
Attachment
Phone- (239) 252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.com Email- Coll ierClerkl'a�colliercl-&—comm
Packet Pg. 1232
16.F.4.e
ioa
MEMORANDUM
Date: April 1, 2016
To: Jeff Klatzkow, County Attorney
Collier County Attorney's Office
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Interlocal Agreement between the North Collier Fire Control &
Rescue District and Collier County Board of County Commissioners
Attached for your records is a copy of the agreement referenced above, (Item #10A)
approved by the Board of County Commissioners on Tuesday, March 22, 2016.
The original has been held by the Minutes and Records Department for the Official
Records of the Board.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
Packet Pg. 1233
16.F.4.e
INSTR 5243339 OR S254 PG 803 l RECORDED 3/242016 9 54 AM PAGES 10 V
CDOLLIER CO UNTYOCK F CLERK OF THE CIRCUIT COURT
REC ssW 50 LORIDA
IN'FERLOCAL AGREEMENT
THIS INTERL(W.Al. AGREEMENT, dated this .,;.� day of March, 2016. is entered
into as authorized by Ch. 163. Florida Statutes ("Fla. Mat.-). 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 I of 10
Packet Pg. 1234
1 6.F.4.e
l0A
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:
I. 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 govem 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
Packet Pg. 1235
16.F.4.e
l0A
employee and/or volunteer of the District shall work under the supervision of
the County Medical Dircctor/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 DirectorlDistrict
Medical Director until December 31, 2017. The recredentialing standards
Page 3 of 10
Packet Pg. 1236
16.F.4.e
10A
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 EM7's 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
Packet Pg. 1237
16.F.4.e
l0A
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 Panics 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
Packet Pg. 1238
16.F.4.e
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
l0A
Packet Pg. 1239
16.F.4.e
IOA
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, 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
Packet Pg. 1240
16.F.4.e
l0A
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
Packet Pg. 1241
16.F.4.e
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 appro-,al and execution by both
parties.
IN WITNESS WHEREOF. District and the County have signed and sealed this
Interlocal Agreement as set forth below.
Date: M117-4/1 Otl4
ATTEST:
DWIGHT E. BROCK. Clerk
0
n
Jeffrey
County
10
erk
Ma00
nd legality:
ow
ey
BOARD OF COUNTY COMMISSIONERS
COLLIER COUN I Y. FLORIDA
By:
DONNA FIALA, CHAIRMAN
Page 9 of 10
A
Packet Pg. 1242
1 6.F.4.e
By.
North Col er Fire Control and Rescue District
DISTRICT
Page 10 or 10
l0A
a
Packet Pg. 1243