Agenda 01/12/2016 Item #16H 4 Proposed Agenda Changes
Board of County Commissioners Meeting
January 12, 2016
Move Item 16H4 to Item 10C: To provide
information regarding North Collier Fire Control
and Rescue District cancelling the Inter-Local
Agreement between Collier County and Big
Corkscrew Fire Control and Rescue District.
(Commissioner Hiller's request)
Move Item 16E5 to Item 11D: Recommendation to retroactively authorize the use of
contract 14-6280 Fencing Installation and Repair for"lump sum"quoted projects to Carter
Fence Company and BUE,Inc.d/b/a/Gatekeepers/Gateswork and inform the Board of
termination notices received from both contractors. (Commissioner Henning and
Commissioner Taylor's separate requests)
Move Item 16E4 to Item 11E: Recommendation to reaffirm the continued use of the
industry's best practices of utilizing"lump sum,""time and materials,"a combination of both
price methodologies,and"unit price"for County purchase orders and projects.
(Commissioner Taylor's request)
Time Certain Requests:
1/12/2016 16.H.4.
EXECUTIVE SUMMARY
To provide information regarding North Collier Fire Control and Rescue District
cancelling the Inter-Local Agreement between Collier County and Big Corkscrew Fire
Control and Rescue District.
OBJECTIVE: To provide information and perspective regarding the North Naples Fire
cancellation of the Big Corkscrew Fire and County ILA for ALS medical responses for public
safety.
CONSIDERATION: On March 25, 2014, the Board and Big Corkscrew Fire Control and
Rescue District entered into an Interlocal Agreement to provide enhanced Advance Life Medical
Service (ALS) Support to the Corkscrew service area. The County added additional staff at a cost
of more than $250,000, and Corkscrew Fire and Rescue agreed to continue to provide assistance
to Collier Paramedics for ALS medical responses. (See attachments C and D)
North Collier Fire Control and Rescue District (NNFD) Staff and NNFD Fire Commissioners
erroneously terminated the ILA between Collier County and Big Corkscrew Fire Control and
Rescue District following the Board of County Commissioner's disapproval of the NNFD
COPCN to deliver ALS. NNFD issues this termination without cause and did so prior to
informing the County Commissioners.
The NNFD Fire Chief Orly Stolts sent direction to the Big Corkscrew Fire Personal to stop
providing support to Collier County EMS Paramedics and provided Big Corkscrew with a copy
the NNFD General Counsel's legal questions submitted to the Florida Division of Medical
Quality Assurance in which General Counsel Laura Donaldson fails to provide full and accurate
information regarding the Board's offer to sign an ILA with NNFD. (See attachment A)
The legal questions submitted by NNFD General Counsel do not affect and are not connected to
the legal responsibilities by NNFD or Big Corkscrew or the newly merged fire district regarding
the ILA between the County and Big Corkscrew Fire Control and Rescue District. Furthermore,
the Florida Bill creating the North Collier Fire and Rescue District merger with Corkscrew Fire
Control and Rescue clearly states that all agreements shall remain in full force. (See attachments
B,C and D)
Section 9. Miscellaneous (attachment B)
(1) All contracts, obligations, rules, resolutions, or policies of any nature existing on
effective date of this charter shall remain in full force and effect, and this act shall
in no way affect the validity of such contracts, obligations, rules, resolutions, or
policies.
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The practice of Fire Paramedics assisting Collier's Paramedics has been standard practice since
the 1990's under former Collier County EMS Chief Jeff Page.
By terminating the ILA without cause between the County and Big Corkscrew Fire Control and
Rescue District, North Naples Fire is in clear violation of its merger legislation as submitted to
and approved by the Florida Legislature.
On one hand they are saying this is a matter of health safety to the Residents and Visitors of
North Naples area and saying at the same time it is not important to the Residents and Visitors to
the Corkscrew service area.
North Collier Fire Control and Rescue District staff and the NNFD Fire Commission majority
are making Advanced Life Support and medical responses a political issue rather than a life and
safety issue, as they have stated.
FISCAL IMPACT: None
GROWTH MANAGEMENT IMPACT: None
LEGAL CONSIDERATIONS: None
RECOMMENDATION: To provide information regarding North Collier Fire Control and
Rescue District cancelling the Inter-Local Agreement between Collier County and Big
Corkscrew Fire Control and Rescue District.
ATTACHMENTS: Attachment A) NNFD Letter to State Regarding ALS COPCN; Attachment B)
NNFD Merger Legislation; Attachment C) Big Corkscrew and County ILA Agreement;
Attachment D) 2014 Exec Summary Corkscrew-County ILA; Attachment E)Memo EMS to CM re
NNFD ILA Cancellation
PREPARED BY: Commissioner Tom Henning
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.H.16.H.4.
Item Summary: To provide information regarding North Collier Fire Control and Rescue
District cancelling the Inter-Local Agreement between Collier County and Big Corkscrew Fire
Control and Rescue District. (Commissioner Henning)
Meeting Date: 1/12/2016
Prepared By
Name: SmithCamden
Title: Executive Coordinator to Commissioner,
1/6/2016 11:06:02 AM
Submitted by
Title: Executive Coordinator to Commissioner,
Name: SmithCamden
1/6/2016 11:06:04 AM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/6/2016 11:53:05 AM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 1/6/2016 1:59:36 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 1/6/2016 3:04:55 PM
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NORTH COLLIER FIRE CONTROL & RESCUE DISTRICT
DEPARTMENT MEMORANDUM
MEMO: 15-065
DATE: December 14,2015
TO: All Personnel 3
FROM: Orly Stolts, Fire Chief :°
SUBJECT: ALS Services in the Big Corkscrew Island Fire Service Delivery Area
The District supports its Paramedics and recognizes the struggles they face in light of the
District's directive not to provide ALS services within the Big Corkscrew Island Service
Delivery Area. While the District is committed to saving lives, we are also committed in
protecting our Paramedics from any liability that may arise.
This directive was based on the District's lack of a COPCN as well not having authorization from
Collier County as the current interlocal agreement does not authorize a District Paramedic to
provide ALS services within the Big Corkscrew Island Service Delivery Area.
Therefore, for further clarification on this matter, the District has sent a letter (please see
attached), to the Department of Health asking for specific direction relating to the provision of
ALS services by its Paramedics. As soon as we receive a response from the State, it will be
provided to you.
The District stands behind its Paramedics as they follow this directive and will continue to
provide information as it becomes available.
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MANSON 1/12/2016 16.H.4.
m3) BOLVES
DONALDSON
Attorneys At Law
Integrity. intelligence. Diligence,
November 30, 2015
VIA Electronic Mail and U.S. Mail,
Leah Colston
Bureau Chief
Division of Medical Quality Assurance
Florida Department of Health
4052 Bald Cypress Way
Tallahassee, FL 32399
RE: LICENSE NUMBER: ALS1105
Dear Ms. Colston:
Due to the recent denial of a certificate of public convenience and necessity
(COPCN) by the Collier County Board of County Commissioners (BOCC), the North
Collier Fire Control and Rescue District (District) will no longer have a COPCN to
provide advanced life support (ALS) non-transport services within its boundaries as of
midnight on December 31, 2015. Although the District has filed a Petition for Writ of
Certiorari and Mandamus or, in the alternative, Complaint for Declaratory and Injunctive
Relief and Petition for Writ of Mandamus and a motion for an emergency hearing on the
District's request for a Writ of Mandamus compelling Collier County to approve and
issue the requested COPCN to the District, as well as submitting a settlement
agreement to the BOCC, there is no guarantee that this matter will be timely resolved
prior to midnight on December 31, 2015. The District is now requesting the Department
of Health's (DOH) assistance with some procedural questions regarding its authority to
provide ALS non-transport services.
Background
Prior to 2011, the North Naples Fire Control and Rescue District (NNFD) worked
under the Collier County's license and its medical director through an interlocal
agreement. It was a tumultuous and stressful arrangement that included the Collier
County's Medical Director accusing the NNFD's paramedics/EMTs of cheating on its
examines; decertifying all of the NNFD's paramedics/EMTs so they could no longer
Tallahassee Tampa Orlando
201 East Park Avenue 1101 West Swann Avenue 7479 Conroy Windermere
2nd Floor Tampa,FL 33606 Road Suite B
Tallahassee, FL 32301 813.514.4700 Orlando, FL 32835
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www.mansonbolves.com
1/12/2016 16.H.4.
Leah Colston
Bureau Chief
Division of Medical Quality Assurance
Florida Department of Health
November 30, 2015
Page 2
practice; removing all medications that the NNFD could use without notice; refusing to
approve the NNFD's paramedics/EMTs education credits needed for their licensing by
the State; misusing medical data in an effort to malign the character and expertise of the
NNFD's paramedics/EMTs; and condemning the NNFD's paramedics/EMTs
continuously. The NNFD finally determined that it would no longer operate under the
Collier County's license and terminated the interlocal agreement. A COPCN was
granted by the BOCC soon thereafter and the NNFD received its state license on
February 28, 2011. The NNFD having its own license resulted in an increase in the
level of service within its boundaries and a better relationship between the NNFD and
Collier County Emergency Medical Services personnel.
On October 28, 2014, Collier County approved the annual renewal of the
COPCN issued to NNFD. On November 4, 2014, a merger of NNFD with Big
Corkscrew Island Fire Control and Rescue District into one district titled "North Collier
Fire Control and Rescue District," was approved by referendum. Due to the pending
January 1, 2015 merger of the two districts into the District, Collier County approved to
change the name on NNFD's COPCN to the District at its December 9, 2014 meeting.
No other changes were made to the COPCN and the service by the District of was
limited to the North Naples Service Delivery Area, one of the two service delivery areas
of the District, which matches the boundaries of the now merged NNFD. Collier
County's approval allowed the District to obtain a state license to operate non-transport
ALS services within the North Naples Service Delivery Area beginning January 1, 2015.
The District has not been able to provide non-transport ALS services within the Big
Corkscrew Island Service Delivery Area, which is within the District's boundaries, since
January 1, 2015. The Big Corkscrew Island Service Delivery Area is the only place in
all of Collier County that the Fire District cannot provide non-transport ALS services.
On March 5, 2015, the District submitted a request to amend the District's
COPCN to expand its existing current service area to include the Big Corkscrew Island
Service Area. The District's request to expand its boundaries as well as Collier
County's staff to renew the COPCN through December 31, 2016 was considered at the
September 8, 2015 BOCC meeting. Collier County's Staff Recommendation was "that
the Board of County Commissioners approves a non-transport Certificate of Public
Convenience and Necessity to the North Collier Fire Control and Rescue District that
includes the expanded service area formerly known as the Big Corkscrew Island Fire
Control and Rescue District..." Additionally, Collier County Public Safety Authority's
(PSA) recommendation also concluded that "after considering all aspects of the review,
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1/12/2016 16.H.4.
Leah Colston
Bureau Chief
Division of Medical Quality Assurance
Florida Department of Health
November 30, 2015
Page 3
the PSA recommended approval of the District's request. Despite Collier County staffs
and PSA's recommendations, the BOCC denied the District's COPCN on September 8,
2015.
Questions
With the pending loss of its COPCN, the District has the following questions:
1. When will the District lose its ability to provide ALS non-transport
service? Is it immediately upon the expiration of the District's COPCN
(midnight on December 31, 2015)? Following a grace period to allow
for a proper transition? When the District's state license expires
(February 2017)?
2. If the District loses its ability to provide ALS non-transport services at
midnight on December 31, 2015 and the District's paramedics are on
scene and providing ALS services when it becomes 12:01 am on
January 1, 2016, should the paramedics immediately stop providing
ALS services and only provide BLS services?
a. If the answer above is to immediately stop providing ALS
services:
i. Will the DOH deny or revoke a license, certificate, or
permit or reprimand or fine the District and/or its
paramedics for unprofessional conduct for departing from
or failing to conform to the minimal prevailing standards
of acceptable practice?
ii. Will it be considered a denial of emergency treatment
under section 401.45, Florida Statutes?
b. If the answer above is to continue providing ALS services:
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Leah Colston
Bureau Chief
Division of Medical Quality Assurance
Florida Department of Health
November 30, 2015
Page 4
i. Will the District and/or its paramedics violate the statutory
requirement of professional conduct since it would be
providing ALS services without a state license?
ii. Will the District and/or its paramedics violate other
statutory/regulatory requirements since it would be
providing ALS services without a state license?
3. If the District loses its ability to provide ALS non-transport services at
midnight on December 31, 2015 and the District receives a call prior to
midnight but does not arrive on scene until January 1, 2016, do the
District's paramedics have the authority to provide ALS services? What
if the District's paramedics arrive on scene at 11:59 pm?
4. If the District delays responding to a call to avoid the confusion related
to whether it can provide ALS non-transport services, will the DOH
deny or revoke a license, certificate, or permit or reprimand or fine the
District and/or its paramedics for unprofessional conduct or denial of
emergency treatment?
5. Once the District loses its state license, how much time does it have to
remove the ALS equipment from its vehicles? Is the District required
to immediately remove ALS equipment and medicines from vehicles at
12:01 am January 1, 2016 or does it have additional to remove such
equipment and medicines as long as it does not use them? What if an
ALS unit is on a call?
6. The Collier County Attorney has stated that he believes that the BOCC
will approve an extension of the District's COPCN on a month-to-
month basis at its December 8 meeting. If this occurs, what does the
District need to provide to the DOH?
7. The District currently has an interlocal agreement with Collier County
that allows a Collier County Emergency Medical Services paramedic to
ride on a District vehicle that serves the Big Corkscrew Island Service
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1/12/2016 16.H.4.
Leah Colston
Bureau Chief
Division of Medical Quality Assurance
Florida Department of Health
November 30, 2015
Page 5
Delivery Area. The District has recently informed its paramedics that it
may only provide basic life support, even if a Collier County EMS
paramedic is present, as the District paramedic would be operating
under Collier County's COPCN and its medical director. This direction
was due to a recent legal opinion that provided that the District cannot
provide a service in accordance with a chapter 163, Florida Statutes,
interlocal agreement if it does not have a COPCN for such area. Since
the District's COPCN and state license does not include the Big
Corkscrew Island Service Delivery Area and there is no mutual aid
agreement for such area, its authority to provide ALS services does not
extend to the Big Corkscrew Island Service Delivery Area. Will the
DOH deny or revoke a license, certificate, or permit or reprimand or
fine the District and/or its paramedics for unprofessional conduct or
denial of emergency treatment if it does not provide ALS services
under Collier County's COPCN?
Thank you for your assistance. The District is unfortunately dealing with issues
that are placing its citizen's lives at risk and your responses will help the District move
forward in a manner consistent with Florida law. We would also like to schedule a
meeting with you prior to the expiration of our COPCN. Deputy Chief Jorge Aguilera will
be in contact with your office.
Sincerely,
MANSON BOLVES DONALDSON, P.A.
to • if' de-4
Laura Donaldson
LJD/dlr
cc: DOH General Counsel Nichole Geary, nichole.geary@flhealth.gov
Chief Orly Stolts
Deputy Chief Jorge Aguilera
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
ENROLLED
CS/CS/HB 899 2015 Legislature
1
2 An act relating to the North Collier Fire Control and
3 Rescue District, Collier County; merging the Big
4 Corkscrew Island Fire Control and Rescue District and
5 the North Naples Fire Control and Rescue District to
6 create an independent special district; providing
7 legislative intent; providing for applicability of
8 chapters 189 and 191, F. S . ; providing a district
9 charter; providing for preservation of existing
10 powers; providing purposes; providing for service
11 delivery areas; providing boundaries; providing for
12 applicability of chapter 171, F. S. ; providing for
13 expansion of boundaries; providing district powers;
14 providing for a district board; providing duties and
15 powers of the board; providing for elections,
16 salaries, and removal of the board members; providing
17 an exception to general law; providing authority of
18 the board; providing for quorum and voting; providing
19 for district finances; providing for raising revenue;
20 providing for taxation; providing a savings clause for
21 the existing district authority to levy up to 1 mill
22 in the North Naples Service Delivery Area and up to
23 3 . 75 mills in the Big Corkscrew Island Service
24 Delivery Area; providing for district budget;
25 providing for use of a cost allocation methodology;
26 providing for separate taxing subunits; providing for
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27 non-ad valorem assessments, fees, and service charges;
28 providing for bonds; providing for collection and
29 disbursement of impact fees; providing for elections;
30 providing for eminent domain powers; providing for the
31 preservation of all contracts, obligations, rules,
32 resolutions, and policies; preserving existing board
33 and employees except as described in the district ' s
34 endorsed merger plan; providing financial disclosure,
35 meeting notices, reporting, public records
36 maintenance, and planning requirements; providing a
37 dissolution process; providing for exemption from
38 taxation; providing for immunity from tort liability;
39 providing for liberal construction; providing that the
40 act shall take precedence over any conflicting law to
41 the extent of such conflict; providing for the
42 determination of millage; repealing chapters 99-450,
43 2000-395, and 2006-353, Laws of Florida; providing an
44 effective date.
45
46 Be It Enacted by the Legislature of the State of Florida:
47
48 Section 1 . This act constitutes the unified charter of the
49 North Collier Fire Control and Rescue District, Collier County,
50 which was created on January 1, 2015, through the voluntary
51 merger of the Big Corkscrew Island Fire Control and Rescue
52 District and the North Naples Fire Control and Rescue District
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53 approved at referendum by the electors of each district on
54 November 4, 2014 . It is the intent of the Legislature to provide
55 a single, comprehensive special act charter for the district,
56 including all current legislative authority granted to the Big
57 Corkscrew Island Fire Control and Rescue District and the North
58 Naples Fire Control and Rescue District by its several
59 legislative enactments, including the authority to annually
60 assess and levy against the taxable property within the district
61 and to conform the charter to chapter 191, Florida Statutes, the
62 Independent Special Fire Control District Act, and other
63 provisions of general law.
64 Section 2 . All of the incorporated lands in Collier County
65 described in section 3 of the charter shall be incorporated into
66 the district under the name of the North Collier Fire Control
67 and Rescue District. The district is an independent special fire
68 control and rescue district in Collier County. It is organized
69 and exists for all purposes and shall hold all powers set forth
70 in this act and chapters 189 and 191, Florida Statutes . The
71 charter may be amended only by special act of the Legislature.
72 Section 3. The charter for the North Collier Fire Control
73 and Rescue District is created to read:
74 Section 1 . Preamble.-
75 (1) This act establishes a charter for the North Collier
76 Fire Control and Rescue District ("district" ) , an independent
77 special district in Collier County that was created on January
78 1, 2015, through the voluntary merger of the Big Corkscrew
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79 Island Fire Control and Rescue District and the North Naples
80 Fire Control and Rescue District, which was approved at
81 referendum on November 4, 2014 .
82 (2) This act supersedes and repeals all previous special
83 acts relating to the Big Corkscrew Island Fire Control and
84 Rescue District and the North Naples Fire Control and Rescue
85 District and sets forth within this charter those matters, as
86 applicable, which are covered by such previous special acts .
87 Amendments to this charter may be made only by special act of
88 the Legislature . This act shall be construed so as to preserve
89 all powers previously granted to the district.
90 (3) The district is organized and exists for all purposes
91 set forth in this act and chapter 191, Florida Statutes .
92 (4 ) There shall be a service delivery area within the
93 district that corresponds to the boundaries of each of the
94 independent special fire control and rescue districts, otherwise
95 known as component independent special districts .
96 Section 2 . District name .-
97 (1) The name of the district shall be the "North Collier
98 Fire Control and Rescue District. "
99 (2) The district shall be an independent special district
100 of the State of Florida and a body corporate and politic.
101 Section 3 . Boundaries .-
102 (1) The lands to be incorporated within the North Collier
103 Fire Control and Rescue District consist of the following
104 described lands in Collier County:
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105
106 (a) Big Corkscrew Island Service Delivery Area
107 Range 27 East, Township 47 South; Range 28 East,
108 Township 47 South; Range 27 East, except Sections 29,
109 30, 31, and 32, Township 48 South; Range 28 East,
110 Township 48 South; Range 29 East, except Sections 1,
111 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16,
112 17, and 18, Township 48 South; Range 28 East, except
113 Sections 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 25,
114 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36,
115 Township 49 South; Range 29 East, except Sections 25,
116 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36,
117 Township 49 South;
118
119 Hereinafter referred to as the "Big Corkscrew Island
120 Service Delivery Area"
121
122 (b) North Naples Service Delivery Area
123 Sections 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16,
124 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29,
125 32, 33, 34, 35, and 36, Township 48 South, Range 25
126 East; Sections 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13,
127 14, 15, 16, 21, 22, 23, and 24, Township 49 South,
128 Range 25 East; Sections 7, 8, 9, 10, 11, 12, 13, 14,
129 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 29, 30, 31,
130 and 32, Township 48 South, Range 26 East; Sections 5,
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131 6, 7, 8, 18, and 19, Township 49 South, Range 26 East;
132 but not including any lands presently within the
133 corporate boundaries of the City of Naples.
134
135 The foregoing description notwithstanding, the
136 following area, commonly known as "Seagate", "Park
137 Shore Unit 2", "Park Shore Unit 5", "Naples Cay",
138 "Hole in the Wall" and "Moorings Park" shall be
139 excluded from the district: That part of government
140 lot one, Section 16, Township 49 South, Range 25 East,
141 Collier County, Florida, described as follows:
142 Commencing at the North quarter corner of Section 16,
143 Township 49 South, Range 25 East, a 4 x 4 concrete
_44 monument with brass cap set by the county engineer,
145 also being the northeast corner of government lot one
146 and being the point of beginning: Thence run South 00
147 degrees 45 minutes 40 seconds east for 1327 . 70 feet to
148 a concrete monument the southeast corner of the
149 northeast quarter of the northwest quarter of Section
150 16 also being the southeast corner of government lot
151 one, thence south 89 degrees 23 minutes 20 seconds
152 west for 1650 . 75 feet to a concrete monument, thence
153 north 00 degrees 36 minutes 40 seconds west for 70 . 00
154 feet to a concrete monument, thence north 07 degrees
155 42 minutes 20 seconds east for 153 . 60 feet to concrete
156 monument set at the water line of a canal, thence
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157 north 64 degrees 11 minutes 00 seconds east for 130 . 27
158 feet to a concrete monument set at the water line of a
159 canal, thence north 04 degrees 11 minutes 05 seconds
160 east for 38 . 77 feet to the point of curve, thence
161 along the arc of said curve having a radius of 1545
162 feet, a tangent of 176 . 03 feet, a delta angle of 13
163 degrees right for the arc distance of 350 . 57 feet to
164 the point of curve of a reverse curve, thence along
165 the arc of curve having a radius of 765 . 00 feet, a
166 tangent of 286. 02 feet, a delta angle of 41 degrees
167 left for the arc distance of 560 . 33 feet to the point
168 of tangent, thence north 15 degrees 37 minutes 05
169 seconds west for 70. 85 feet to a concrete monument set
170 at the water line of a canal, thence north 15 degrees
171 57 minutes 05 seconds west for 98 . 80 feet to a
172 concrete monument, thence north 89 degrees 28 minutes
173 40 seconds east along the North boundary of Section
174 16, also being the north line of government lot one,
175 for 1776. 65 feet to a concrete monument with brass
176 cap, the north quarter corner of Section 16, also the
177 northeast corner of government lot one and the point
178 of beginning.
179
180 Commencing at the East 1/4 of Section 21, Township 49
181 South, Range 25 East, Collier County, Florida; thence
182 along the East and West 1/4 line of said Section 21,
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183 South 89 degrees 26 minutes 20 seconds west 3665. 68
184 feet to the southwest corner of Park Shore Unit No. 1
185 according to the plat thereof as recorded in Plat Book
186 8, pages 43 and 44, Collier County Public Records,
187 Collier County, Florida, and the place of beginning of
188 this description:
189
190 thence north 0 degrees 31 minutes 40 seconds west
191 1709. 98 feet; thence north 7 degrees 46 minutes 00
192 seconds east 918 . 77 feet; thence north 541 .25 feet;
193 thence north 84 degrees 00 minutes 00 seconds west
194 570 . 17 feet; thence north 2 degrees 25 minutes 00
195 seconds west 97 . 35 feet; thence south 87 degrees 35
196 minutes 00 seconds west 110 . 00 feet; thence south 87
197 degrees 00 minutes 00 seconds west 1160 feet more or
198 less to the Mean High Water Line of the Gulf of
199 Mexico; thence along said Mean High Water Line,
200 southerly 3275 feet more or less to the east and west
201 1/4 line of said Section 21; thence along said east
202 and west 1/4 line of Section 21; north 89 degrees 28
203 minutes 20 seconds east 1540 feet more or less to the
204 place of beginning: being a subdivision of part of the
205 south 1/3 of Section 16 and of part of the north 1/2
206 of Section 21, Township 49 South, Range 25 East,
207 Collier County, Florida.
208
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209 Commencing at the northeast corner of government Lot 2
210 of Section 16, Township 49 South, Range 25 East,
211 Collier County, Florida said corner being also the
212 northeast corner of Lot 8 of Block 35 of Park Shore
213 Unit No. 4 according to the plat thereof as recorded
214 in Plat Book 10, pages 101, 102, and 103, Collier
215 County Public Records, Collier County, Florida; thence
216 along the north line of said government Lot 2, along
217 the north line of said Park Shore Unit No. 4 , and
218 along the south line of Seagate Subdivision Unit No. 1
219 according to the plat thereof as recorded in Plat Book
220 3, Page 85, Collier County Public Records, Collier
221 County, Florida, South 89 degrees 25 minutes 50
222 seconds west 1330 . 53 feet to the west line of said
223 Park Shore Unit No. 4 and the place of beginning of
224 the parcel herein described; thence along the west
225 line of said Park Shore Unit No. 4 in the following
226 described courses :
227
228 South 37 degrees 25 minutes 50 seconds west 250 . 89
229 feet, south 0 degrees 34 minutes 10 seconds east
230 225 . 44 feet, south 26 degrees 45 minutes 30 seconds
231 east 632 . 19 feet and south 5 degrees 09 minutes 00
232 seconds east 580. 72 feet to the northwest corner of
233 Park Shore Unit No. 3 according to plat thereof as
234 recorded in Plat Book 8, pages 59 and 60, Collier
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235 County Public Records, Collier County, Florida; thence
236 along the west line of said Park Shore Unit No. 3,
237 South 5 degrees 09 minutes 00 seconds east 1879. 04
238 feet to the north line of Park Shore Unit No. 2
239 according to the plat thereof as recorded in Plat Book
240 8, pages 54 and 55, Collier County Public Records,
241 Collier County, Florida; thence along the northerly
242 line of said Park Shore Unit No. 2, in the following
243 described courses : north 84 degrees 00 minutes 00
244 seconds west 433 . 28 feet, north 2 degrees 25 minutes
245 00 seconds west 97 . 35 feet, south 87 degrees 35
246 minutes 00 seconds west 110 . 00 feet, and south 87
247 degrees 00 minutes 00 seconds west 1160 feet more or
248 less to the Mean High Water Line of the Gulf of
249 Mexico; thence along said Mean High Water Line,
250 northerly 3350 feet more or less to a point on the
251 westerly extension of the south line of said Seagate
252 Subdivision which south line bears south 89 degrees 25
253 minutes 50 seconds west and passes through the place
254 of beginning; thence along said south line and the
255 westerly extension thereof, north 89 degrees 25
256 minutes 50 seconds east 1450 feet more or less to the
257 place of beginning; being a part of the west 1/2
258 Section 16, Township 49 South, Range 25 East, Collier
259 County, Florida, containing 118 acres more or less .
---------- ---
260
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261 Commencing at the northwest corner of the northwest
262 1/4 of the northeast 1/4 of section 16, Township 49
263 South, Range 25 East; thence North 89 degrees 24
264 minutes 40 seconds East, 1650 . 75 feet along the north
265 line of Parkshore Unit 4 and Unit 5 to the place of
266 beginning; thence North 89 Degrees 24 minutes 40
267 seconds East along said north line of Parkshore Unit
268 5, 740 . 98 feet; thence North 4 degrees 40 minutes 20
269 seconds West, 125 . 32 feet; thence North 89 degrees 24
270 minutes 40 seconds East, 4 . 73 feet; thence North 4
271 degrees 40 minutes 20 seconds West, 350 . 89 feet;
272 thence North 89 degrees 24 minutes 40 seconds East,
273 197 . 19 feet to a concrete monument on the coastal
274 construction line; thence west to the mean high water
275 line of the Gulf of Mexico; thence northerly along
276 said mean high water line to the North line of Section
277 16, Township 49 South, Range 25 East; thence East
278 along the north line of said Section 16 to the
279 northwest corner of Seagate Subdivision; thence
280 southerly along the west line of said Seagate
281 Subdivision to the place of beginning less the
282 following described lands :
283
284 Parcel 2 in O.R. Book 14, Page 195 and 196; that
285 parcel conveyed to Jane Homer Lee as described in O.R.
286 Book 34, Page 301 and 302; that parcel conveyed to
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287 Seagate, Inc. , as described in O.R. Book 182, Page 248
288 and 249. Subject to existing easements and rights of
289 ingress and egress.
290
291 A parcel of land described as all of Lots 23 through
292 32 of Naples Improvement Company' s Little Farms
293 according to the Plat thereof and recorded in Plat
294 Book 2 Page 2 Collier County Public Records, Collier
295 County, Florida and the Westerly 198 . 00 feet of the
296 Southwest quarter of the Northwest quarter of Section
297 23 Township 49 South Range 25 East and all of parcels
298 "C" and "D" as recorded in O.R. Book 3537 page 4108
299 through 4113, less and except the right of way for
300 Goodlette Road and less and except parcels "A" and "B"
301 as recorded in O.R. Book 3537 page 4102 through 4107,
302 Collier County Public Records, Collier County,
303 Florida; said parcel being more particularly described
304 as follows :
305
306 Commencing at the Northeast Corner of Section 22,
307 Township 49 South Range 25 East Collier County,
308 Florida;
309 thence South 01 degrees 04 minutes 01 seconds East
310 along the East line of the Northeast quarter of said
311 Section 22 a distance of 666. 42 feet to the Northeast
312 corner of Lot 32 of said Naples Improvement Company' s
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313 Little Farms and the Point of Beginning of the parcel
314 herein being described;
315 thence South 89 degrees 24 minutes 38 seconds West
316 along the North line of said Lot 32 a distance of
317 2591 . 92 feet to an intersection with the Easterly
318 Right-of-Way line of the aforementioned Goodlette
319 Frank Road;
320 thence South 00 degrees 57 minutes 59 seconds East
321 along said Easterly Right-of-Way line a distance of
322 3311 . 14 feet to an intersection with the Southerly
323 line of the aforementioned Lot 23;
324 thence North 89 degrees 51 minutes 56 seconds East
325 along said Southerly Line A distance of 2597 . 74 feet
326 to the Southeast corner of said Lot 23;
327 thence North 01 degree 04 minutes 22 seconds West
328 along the Easterly line of the aforementioned Lots 23
329 through 26 a distance of 1205 . 47 feet;
330 thence leaving said line North 36 degrees 04 minutes
331 54 seconds East along the boundary of parcel "D" as
332 recorded in O.R. Book 3537 pages 4108 through 4113,
333 Collier County Public Records, Collier County,
334 Florida, a distance of 137 . 45 feet;
335 thence continuing along said boundary North 38 degrees
336 45 minutes 50 seconds East a distance of 21. 60 feet;
337 thence leaving said line North 88 degrees 54 minutes
338 01 seconds East a distance of 35 .74 feet;
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339 thence North 35 degrees 32 minutes 50 seconds East
340 along the boundary of parcel "B" as recorded in O.R.
341 Book 3537 pages 4102 through 4107, Collier County
342 Public Records, Collier County, Florida, a distance of
343 35 . 89 feet;
344 thence continuing along said boundary North 32 degrees
345 01 minutes 31 seconds East a distance of 25. 39 feet;
346 thence continuing along said boundary North 24 degrees
347 05 minutes 47 seconds East a distance of 46. 76 feet;
348 thence continuing along said boundary North 27 degrees
349 00 minutes 26 seconds East, a distance of 21 . 88 feet;
350 thence leaving said boundary North 01 degrees 03
351 minutes 02 seconds West along the Easterly boundary of
352 the Westerly 198 . 00 feet of the Southwest quarter of
353 the Northwest quarter of Section 23 Township 49 South
354 Range 25 East Collier County, Florida, a distance of
355 121 . 79 feet;
356 thence leaving said line North 13 degrees 42 minutes
357 35 seconds East along the boundary of parcel "C" as
358 recorded in the O.R. Book 3537 pages 4108 through
359 4113, Collier County Public Records, Collier County,
360 Florida, a distance of 32 . 39 feet;
361 thence continuing along said boundary of parcel "C"
362 for the following 20 courses;
363 thence North 26 degrees 08 minutes 47 seconds East a
364 distance of 43 . 29 feet;
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365 thence North 51 degrees 45 minutes 44 seconds East a
366 distance of 49. 62 feet;
367 thence North 24 degrees 49 minutes 56 seconds East a
368 distance of 48 . 02 feet;
369 thence North 07 degrees 46 minutes 47 seconds East a
370 distance of 21 . 12 feet;
371 thence North 18 degrees 07 minutes 01 seconds West a
372 distance of 35 . 65 feet;
373 thence North 59 degrees 17 minutes 51 seconds West a
374 distance of 11 . 23 feet;
375 thence North 13 degrees 55 minutes 41 seconds West a
376 distance of 23 . 82 feet;
377 thence North 12 degrees 53 minutes 05 seconds East a
378 distance of 39 . 20 feet;
379 thence North 23 degrees 26 minutes 05 seconds West a
380 distance of 11 . 48 feet;
381 thence North 46 degrees 31 minutes 46 seconds West a
382 distance of 9. 64 feet;
383 thence North 21 degrees 12 minutes 44 seconds West a
384 distance of 81 . 61 feet;
385 thence North 11 degrees 17 minutes 34 seconds West a
386 distance of 41 . 72 feet;
387 thence North 00 degrees 16 minutes 46 seconds West a
388 distance of 52 . 13 feet;
389 thence North 10 degrees 22 minutes 33 seconds East a
390 distance of 35. 20 feet;
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391 thence North 10 degrees 15 minutes 09 seconds West a
392 distance of 31 . 07 feet;
393 thence North 12 degrees 45 minutes 32 seconds East a
394 distance of 27 . 21 feet;
395 thence North 03 degrees 05 minutes 53 seconds East a
396 distance of 25 . 26 feet;
397 thence North 33 degrees 51 minutes 45 seconds West a
398 distance of 21 . 85 feet;
399 thence North 12 degrees 19 minutes 53 seconds West a
400 distance of 136 . 08 feet;
401 thence North 07 degrees 10 minutes 32 seconds West a
402 distance of 15. 60 feet;
403 thence leaving said boundary of parcel "C" North 01
104 degrees 03 minutes 02 seconds West along the Easterly
405 boundary of the Westerly 198 . 00 feet of the Southwest
406 quarter of the Northwest quarter of Section 23
407 Township 49 South Range 25 East Collier County,
408 Florida, a distance of 92 . 29 feet;
409 thence North 53 degrees 25 minutes 20 seconds West
410 along the boundary of parcel "A" as recorded in the
411 O.R. Book 3537 pages 4102 through 4107 Collier County
412 Public Records, Collier County, Florida, a distance of
413 33 . 78 feet;
414 thence continuing along said boundary of parcel "A"
415 for the following 18 courses;
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416 thence North 54 degrees 24 minutes 44 seconds West a
417 distance of 30 . 62 feet;
418 thence North 31 degrees 33 minutes 28 seconds West a
419 distance of 58 . 27 feet;
420 thence North 04 degrees 11 minutes 51 seconds East a
421 distance of 11 . 28 feet;
422 thence North 47 degrees 04 minutes 38 seconds East a
423 distance of 9. 16 feet;
424 thence North 47 degrees 30 minutes 05 seconds East a
425 distance of 34 . 95 feet;
426 thence North 58 degrees 17 minutes 59 seconds West a
427 distance of 18 . 87 feet;
428 thence North 89 degrees 41 minutes 10 seconds West a
429 distance of 10 . 73 feet;
430 thence North 32 degrees 14 minutes 57 seconds West a
431 distance of 8 . 80 feet;
432 thence North 04 degrees 43 minutes 32 seconds West a
433 distance of 9 . 48 feet;
434 thence North 20 degrees 23 minutes 21 seconds West a
435 distance of 41 . 72 feet;
436 thence North 51 degrees 04 minutes 36 seconds West a
437 distance of 32 . 24 feet;
438 thence North 68 degrees 43 minutes 18 seconds West a
439 distance of 15 . 23 feet;
440 thence North 72 degrees 40 minutes 24 seconds West a
441 distance of 21. 96 feet;
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442 thence North 63 degrees 49 minutes 18 seconds West a
443 distance of 18 . 83 feet;
444 thence North 31 degrees 13 minutes 48 seconds West a
445 distance of 21 . 70 feet;
446 thence North 07 degrees 59 minutes 10 seconds West a
447 distance of 9. 96 feet;
448 thence North 20 degrees 35 minutes 44 seconds West a
449 distance of 29. 93 feet;
450 thence South 88 degrees 47 minutes 48 seconds West a
451 distance of 34 . 14 feet;
452 thence leaving said boundary of parcel "A" North 01
453 degrees 04 minutes 01 seconds West along the Easterly
454 line of the aforesaid plat and along the Easterly line
455 of Lots 31 and 32 a distance of 666 . 42 feet to the
456 point of beginning of the parcel herein described;
457 containing 204 . 19 acres of land more or less;
458
459 Together with parcels "A" and "B" as recorded in O.R.
460 Book 3537 pages 4102 through 4108, Collier County
461 Public Records, Collier County, Florida and being more
462 particularly described as follows:
463
464 All that part of the West 198 feet of the Southwest
465 1/4 of the Northwest 1/4 of Section 23, Township 49
466 South, Range 25 East, Collier County, Florida, being
467 more particularly described as follows :
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468
469 Commencing at the Northwest corner of the Southwest
470 1/4 of the Northwest 1/4 of said Section 23; thence
471 North 88 degrees 47 minutes 48 seconds East along the
472 quarter section line a distance of 34 . 14 feet to an
473 intersection with the Easterly top of bank of Gordon
474 River Drainage Ditch, said intersection being the
475 point of beginning of the parcel herein described;
476 thence continue along said quarter section line North
477 88 degrees 47 minutes 48 seconds East 163. 86 feet to
478 an intersection with the Easterly line of said West
479 198 feet;
480 thence South 01 degrees 03 minutes 02 seconds East
481 along said Easterly line a distance of 273 . 03 feet to
482 an intersection with said Easterly top of bank of said
483 drainage ditch;
484 thence leaving said Easterly line along said Easterly
485 top of bank of said ditch on the following (15)
486 described courses :
487 thence North 53 degrees 25 minutes 20 seconds West
488 33 . 78 feet;
489 thence North 31 degrees 33 minutes 28 seconds West
490 53. 27 feet;
491 thence North 04 degrees 11 minutes 51 seconds East
492 11 . 28 feet;
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493 thence North 47 degrees 24 minutes 49 seconds East
494 44 . 09 feet;
495 thence North 58 degrees 17 minutes 59 seconds West
496 18 . 87 feet;
497 thence South 89 degrees 41 minutes 10 seconds West
498 10 . 73 feet;
499 thence North 32 degrees 14 minutes 57 seconds West
500 8 . 80 feet;
501 thence North 04 degrees 43 minutes 32 seconds West
502 9. 48 feet;
503 thence North 20 degrees 23 minutes 31 seconds West
504 41 . 72 feet;
505 thence North 51 degrees 04 minutes 36 seconds West
)06 32 . 24 feet;
507 thence North 71 degrees 03 minutes 18 seconds West
508 37 . 17 feet;
509 thence North 63 degrees 49 minutes 18 seconds West
510 18 . 83 feet;
511 thence North 31 degrees 13 minutes 48 seconds West
512 21 . 70 feet;
513 thence North 07 degrees 59 minutes 10 seconds West
514 9 . 96 feet;
515 thence North 20 degrees 35 minutes 44 seconds West
516 29. 93 feet to the point of beginning of the parcel
517 herein described; containing 0. 46 acres of land more
518 or less.
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519
520 All that part of the West 198 feet of the Southwest
521 1/4 of the Northwest 1/4 of Section 23, Township 49
522 South, Range 25 East, Collier County, Florida, being
523 more particularly described as follows:
524
525 Commencing at the Northwest corner of the Southwest
526 1/4 of the Northwest 1/4 of said Section 23; thence
527 South 01 degrees 03 minutes 02 seconds East along the
528 Westerly line of said Southwest 1/4 of said Northwest
529 1/4 a distance of 133 . 83 feet to an intersection with
530 the Southerly line of said Southwest 1/4 of said
531 Northwest 1/4; thence North 83 degrees 54 minutes 01
532 seconds East along Southerly line a distance of 132 . 59
533 feet to an intersection with the Easterly top of bank
534 of Gordon River Drainage Ditch, said intersection
535 being the point of beginning of the parcel herein
536 being described;
537 thence continue along said Southerly line of said
538 Southwest 1/4 of said Northwest 1/4 North 88 degrees
539 54 minutes 01 seconds East 65 . 41 feet to an
540 intersection with the Easterly line of said West 198
541 feet;
542 thence North 01 degrees 03 minutes 02 seconds West
543 along said Easterly line a distance of 111 . 67 feet to
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544 an intersection with said Easterly top of bank of said
545 drainage ditch;
546 thence leaving said Easterly line along said Easterly
547 top of bank of said ditch on the following (4)
548 described courses :
549 thence South 27 degrees 00 minutes 26 seconds West
550 21 . 88 feet;
551 thence South 24 degrees 05 minutes 47 seconds West
552 46 . 76 feet;
553 thence South 32 degrees 01 minutes 31 seconds West
554 25 . 39 feet;
555 thence South 35 degrees 32 minutes 50 seconds West
556 35. 89 feet to the point of beginning of the parcel
357 herein described; containing 3, 319 square feet ( . 0762
558 acres) of land more or less .
559
560 All that part of Section 15, Township 49 South, Range
561 25 East, and being a part of Lots 37 through 49 of
562 Naples Improvement Company' s Little Farms, according
563 to the Plat thereof as recorded in Plat Book 2, page
564 2, Collier County Public Records, Collier County,
565 Florida and being more particularly described as
566 follows : commencing at the Northwest corner of the
567 Northeast 1/4 of Section 15, Township 49 South, Range
568 25 East; thence along the North line of said Section
569 15, North 89 degrees 55 minutes 30 seconds East 45 . 00
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570 feet; thence 45 Easterly of and parallel with the
571 North/South 1/4 Section line of said Section 15, South
572 0 degrees 00 minutes 29 seconds East 50 . 00 feet to the
573 South line of a Road Right-of-Way as recorded in O.R.
574 Book 156, page 66 and 67, Collier County Public
575 Records, Collier County, Florida; thence along the
576 East line of a Road Right-of-Way as recorded in O.R.
577 Book 41, page 592 and 593 and O.R. Book 41, page 531
578 and 532, Collier County Public Records, Collier
579 County, Florida; South 0 degrees 00 minutes 29 seconds
580 East 810 . 00 feet to the POINT OF BEGINNING of the
581 Parcel herein described;
582 thence Easterly and Northeasterly 723 . 15 feet along
583 the arc of a non-tangential circular curve concave to
584 the Northwest, having a radius of 1100 . 00 feet and
585 being subtended by a chord which bears North 71
586 degrees 09 minutes 31 seconds East 710 . 20 feet to a
587 Point of Reverse Curvature;
588 thence Northeasterly 287 . 16 feet along the arc of a
589 circular curve concave to the Southeast, having a
590 radius of 546 . 28 feet and being subtended by a chord
591 which bears North 67 degrees 23 minutes 06 seconds
592 East 283 . 86 feet to the lands described in O.R. 228,
593 pages 789 thru 798 inclusive and O.R. 645, pages 241
594 thru 246 inclusive, Collier County Public Records,
595 Collier County, Florida;
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596 thence along said lands the following courses;
597 thence South 4 degrees 37 minutes 26 seconds West
598 198 . 19 feet;
599 thence South 4 degrees 22 minutes 19 seconds East
600 467 . 18 feet;
601 thence South 8 degrees 26 minutes 00 seconds East
602 418 . 40 feet;
603 thence South 33 degrees 31 minutes 22 seconds East
604 570 .24 feet;
605 thence South 44 degrees 56 minutes 05 seconds West
606 82 . 02 feet;
607 thence South 60 degrees 26 minutes 33 seconds West
608 100 . 60 feet;
309 thence South 71 degrees 15 minutes 21 seconds West
610 269. 34 feet;
611 thence South 54 degrees 31 minutes 14 seconds West
612 74 . 33 feet;
613 thence South 0 degrees 00 minutes 40 seconds East
614 336. 35 feet;
615 thence South 0 degrees 39 minutes 20 seconds East
616 1211 . 22 feet;
617 thence South 5 degrees 13 minutes 24 seconds East
618 461 . 74 feet;
619 thence South 16 degrees 25 minutes 03 seconds East
620 198 . 14 feet;
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621 thence leaving said lands South 89 degrees 43 minutes
622 00 seconds West 980. 54 feet to the East line of a Road
623 Right-of-Way as recorded in O.R. Book 167, page 522
624 and 523, Collier County Public Records, Collier
625 County, Florida;
626 thence along said East Right-of-Way line and the East
627 line of a Road Right-of-Way as Recorded in O.R. Book
628 41, page 531 and 532, Collier County Public Records,
629 Collier County, Florida, North 0 degrees 00 minutes 29
630 seconds West 3653 . 72 feet to the Point of Beginning of
631 the Parcel herein described;
632 containing 82 . 946 acres of land more or less .
633
634 Hereinafter referred to as the "North Naples Service
635 Delivery Area"
636
637 (2) Chapter 171, Florida Statutes, applies to all
638 annexations by a municipality within the district ' s boundaries .
639 (3) Additional lands shall be included in the district
640 only upon amendment of subsection (1) . Subsection (1) may be
641 amended only by special act, and such amendment shall only
642 become effective upon approval of the inclusion of such
643 additional lands in the district by a majority of the qualified
644 electors residing in the area proposed to be included voting in
645 a special election called for such purpose.
646 Section 4 . Powers of the district.—
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647 (1) The district is authorized to establish, equip,
648 operate, and maintain a fire department and rescue squad within
649 the district and may buy, lease, sell, exchange, or otherwise
650 acquire and dispose of firefighting and rescue equipment and
651 other property, real, personal, or mixed, that it may from time
652 to time deem necessary to prevent and extinguish fires or
653 provide rescue services . This shall include, but is not limited
654 to, the authority to hire and fire necessary firefighters and
655 other personnel; to provide water, water supply, water stations,
656 and other necessary buildings; to accept gifts or donations of
657 equipment or money for the use of the district; to provide fire
658 hydrants or other types of water supply, buildings for housing
659 fire equipment and personnel, training facilities for fire and
360 rescue, and other buildings deemed necessary by the district
661 board to provide adequate protection from unwanted fire and to
662 carry out rescue operations; and to do all things necessary to
663 provide adequate water supply, fire prevention, and proper fire
664 protection for the district. Recognizing that the dramatically
665 increasing housing costs in Collier County may have a
666 detrimental impact on the ability to hire and retain personnel
667 needed for the provision of fire protection services to district
668 residents, the district is authorized also to provide housing or
669 housing assistance for its employed personnel, with use of such
670 funds being deemed to be in the public interest. In addition,
671 the district is authorized to extend its services beyond the
672 district boundaries, provided it is in cooperation with another
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673 governmental entity, whether federal, state, county, municipal,
674 or special district.
675 (2) The district is authorized to provide a paid staff to
676 carry out its responsibilities . Such staff shall serve at the
677 pleasure of the district board.
678 (3) The district may establish and maintain emergency
679 medical and rescue response services consistent with s .
680 191 . 008 (1) , Florida Statutes, chapter 401, Florida Statutes, and
681 any certificate of public convenience and necessity or its
682 equivalent issued thereunder.
683 (4) In addition to any other power to borrow money as may
684 be provided by this charter or by general law, the district may
685 borrow sufficient funds to provide for 3 months ' operating
686 expenses, with such loan to be repaid from anticipated revenues.
687 (5) The district is authorized to inspect and investigate
688 all property for fire hazards. The district board, by resolution
689 duly adopted, may assess fees for fire inspection and
690 maintenance and replacement of hydrants in an amount reasonably
691 related to the cost thereof and may adopt provisions creating a
692 lien or providing for civil enforcement of such assessments .
693 (6) The district is authorized to adopt rules and
694 regulations for the prevention of fire and for fire control in
695 the district, which shall have the same force and effect as law
696 10 days after copies thereof executed by the chair and secretary
697 of the board have been posted in at least three places .
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698 (7) The district shall have all powers and duties granted
699 by this charter and chapters 189 and 191, Florida Statutes.
700 Section 5 . Governing board.-
701 (1) The business and affairs of the district shall be
702 conducted and administered by a board of fire commissioners
703 elected pursuant to chapter 191, Florida Statutes, by the
704 electors of the district in a nonpartisan election held at the
705 time and in the manner prescribed for holding general elections
706 in s . 189 . 04, Florida Statutes . Except as expressly provided in
707 this charter, each member of the board shall be elected for a
708 term of 4 years and shall serve until his or her successor
709 assumes office.
710 (2) (a) The office of each board member is designated as a
'11 seat on the board, distinguished from each of the other seats by
712 a numeral . Each candidate must designate, at the time he or she
713 qualifies, the seat on the board for which he or she is
714 qualifying. The name of each candidate who qualifies shall be
715 included on the ballot in a way that clearly indicates the seat
716 for which he or she is a candidate. The candidate for each seat
717 who receives the most votes shall be elected to the board. The
718 cost of such elections shall be paid from funds of the district.
719 (b) As of January 1, 2015, the effective date of the
720 merger, the district is governed by an eight-member board of
721 fire commissioners, which consists of the boards of fire
722 commissioners of the Big Corkscrew Island Fire Control and
723 Rescue District and the North Naples Fire Control and Rescue
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724 District. The eight commissioners shall serve until the
725 governing body members elected at the next general election take
726 office.
727 (c) In the 2016 general election, the board of fire
728 commissioners shall be reduced to five members . Seat 1 shall be
729 elected from the Big Corkscrew Island Service Delivery Area,
730 with each candidate for such seat being required to be a
731 qualified elector residing in the Big Corkscrew Island Service
732 Delivery Area and being elected from only those electors of that
733 service delivery area. Seat 3 shall be elected from the North
734 Naples Service Delivery Area, with each candidate for such seat
735 being required to be a qualified elector residing in the North
736 Naples Service Delivery Area and being elected from only those
737 electors of that service delivery area. Seats 2, 4, and 5 shall
738 be elected as at-large seats for the merged district as a whole.
739 The commissioners holding seats 1, 3, and 5 shall have initial
740 terms that expire in November 2020 . Commissioners holding seats
741 2 and 4 shall have initial terms that expire in November 2018 .
742 (d) In the 2020 general election, seats 1 and 3 shall be
743 elected as at-large seats for the district as a whole, and the
744 requirements to reside within and be elected from the specified
745 service delivery area as provided for in paragraph (c) are
746 eliminated.
747 (3) In accordance with chapter 191, Florida Statutes, each
748 member of the board must be a qualified elector at the time he
749 or she qualifies and continually throughout his or her term.
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750 (4) Each elected member shall assume office 10 days after
751 the member' s election. Within 60 days after the newly elected
752 members have taken office, the board shall meet and elect from
753 its membership a chair, vice chair, secretary, and treasurer.
754 The positions of secretary and treasurer may be held by one
755 member.
756 (5) In accordance with s . 191 . 005, Florida Statutes, each
757 member of the board may be paid, from the funds of the district,
758 a salary or honorarium for his or her services in an amount not
759 to exceed $500 per month. If applicable, the secretary-treasurer
760 may be paid an additional sum for his or her services so long as
761 the total compensation does not exceed $500 per month. In
762 addition, members may be reimbursed for travel and per diem
763 expenses as provided in s. 112 . 061, Florida Statutes .
764 (6) If a vacancy occurs on the board due to the
765 resignation, death, or removal of a board member or the failure
766 of anyone to qualify for a board seat, the remaining members may
767 appoint a qualified person to fill the seat until the next
768 general election, at which time an election shall be held to
769 fill the vacancy for the remaining term, if any. The board shall
770 remove any member who has three consecutive, unexcused absences
771 from regularly scheduled meetings . The board shall adopt
772 policies by resolution defining excused and unexcused absences .
773 (7) The procedures for conducting district elections or
774 referenda and for qualification of electors shall be pursuant to
775 chapters 189 and 191, Florida Statutes.
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776 (8) The board shall have those administrative duties set
777 forth in this charter and chapters 189 and 191, Florida
778 Statutes .
779 (9) A quorum of the board shall be a majority of its
780 members. In order to take official action, an affirmative vote
781 of a majority of those voting members present shall be required.
782 Section 6. Finances .-
783 (1) The district shall hold all powers, functions, and
784 duties set forth in chapters 189 and 191, Florida Statutes,
785 regarding ad valorem taxation, bond issuance, other revenue
786 raising capabilities, budget preparation and approval, liens and
787 foreclosure of liens, use of tax deeds and tax certificates as
788 appropriate for non-ad valorem assessments, and contractual
789 agreements . The district may be financed by any method
790 established in this charter, chapter 189 or chapter 191, Florida
791 Statutes, or any other applicable general or special law.
792 (2) (a) The district shall levy and collect ad valorem
793 taxes in accordance with s . 191 . 009, Florida Statutes, and
794 chapter 200, Florida Statutes . The taxes levied and assessed by
795 the district shall be a lien upon the land so assessed along
796 with the county taxes assessed against such land until such
797 assessments and taxes have been paid, and if the taxes levied by
798 the district become delinquent, such taxes shall be considered a
799 part of the county tax subject to the same penalties, charges,
800 fees, and remedies for enforcement and collection and shall be
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801 enforced and collected as provided by general law for the
802 collection of such taxes.
803 (b) Each service delivery area shall be a separate taxing
804 unit. The district is authorized to levy a millage rate up to 1
805 mill in the North Naples Service Delivery Area and up to 3. 75
806 mills in the Big Corkscrew Island Service Delivery Area, subject
807 to section 7 .
808 (3) (a) The board shall annually prepare, consider, and
809 adopt a district budget pursuant to the applicable requirements
810 of chapters 189 and 191, Florida Statutes . The fiscal year shall
811 be from October 1 through September 30. The budget shall state
812 the purpose for which the money is required and the amount
813 necessary to be raised by taxation within the district. Such
314 budget and proposed millage rate shall be noticed, heard, and
815 adopted in accordance with chapters 189, 192, and 200, Florida
816 Statutes .
817 (b) The budget of the district shall be comprised of
818 separate budgets of the Big Corkscrew Island Service Delivery
819 Area and the North Naples Service Delivery Area until such time
820 as there is one millage rate levied districtwide and the taxing
821 subunits have been eliminated. Until such time, a cost
822 allocation methodology shall be used and there shall be separate
823 budgets and cash reserves for each service delivery area. The
824 budgets will be administered and reported, and the financial
825 reporting will continue individually as required by s . 189. 074,
826 Florida Statutes, as separate subunits until there is one
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827 millage rate levied districtwide and the taxing subunits have
828 been eliminated.
829 (4) The district is authorized to continue or conclude
830 procedures under chapter 200, Florida Statutes, on behalf of the
831 Big Corkscrew Island Service Delivery Area and the North Naples
832 Service Delivery Area. The district shall make the calculations
833 required by chapter 200, Florida Statutes, for each service
834 delivery area separately.
835 (5) All warrants for the payment of labor, equipment,
836 materials, and other allowable expenses incurred by the district
837 board in carrying out this charter shall be payable on accounts
838 and vouchers approved by the district board.
839 (6) The methods for assessing and collecting non-ad
840 valorem assessments, fees, or service charges shall be as set
841 forth in this charter and chapter 170, chapter 189, chapter 191,
842 or chapter 197, Florida Statutes .
843 (7) The district shall have the power to issue general
844 obligation bonds, assessment bonds, bond anticipation notes,
845 notes, or certificates or other evidences of indebtedness
846 ("bonds") pledging the full faith, credit, and taxing power of
847 the district for capital projects consistent with the purposes
848 of the district in accordance with s . 191 . 012, Florida Statutes,
849 and other applicable general law.
850 (8) (a) The district is authorized to charge and collect
851 impact fees for capital improvements on new construction within
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852 the district as prescribed in chapter 191, Florida Statutes, or
853 any other applicable general law.
854 (b) The district shall comply with ss. 163. 31801 and
855 191 . 009 (4) , Florida Statutes, in its collection and use of
856 impact fees . New facilities and equipment shall be as provided
857 for in s . 191 . 009 (4) , Florida Statutes.
858 (c) The district is authorized to enter into agreements
859 regarding the collection of impact fees .
860 Section 7 . Elections .-
861 (1) When a referendum or special election is required
862 under this charter, the district shall reimburse the county for
863 the costs of such election.
864 (2) The procedures for conducting any district elections
365 or referenda required and the qualifications of an elector of
866 the district shall be as set forth in chapters 189 and 191,
867 Florida Statutes.
868 Section 8 . Eminent domain.—The district is authorized to
869 exercise the power of eminent domain, pursuant to chapters 73,
870 74, and 191, Florida Statutes, over any property located within
871 the district, except municipal, county, state, and federal
872 property, for the purpose of acquiring property for the location
873 of fire stations. The location and construction of fire stations
874 shall comply with applicable Collier County ordinances.
875 Section 9 . Miscellaneous .-
876 (1) All contracts, obligations, rules, resolutions, or
877 policies of any nature existing on effective date of this
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878 charter shall remain in full force and effect, and this act
879 shall in no way affect the validity of such contracts,
880 obligations, rules, resolutions, or policies .
881 (2) This act does not affect the terms of office of the
882 present district board, except as provided for in section 5, nor
883 does it affect the terms and conditions of employment of any
884 employee of the district except for the elimination of chief
885 officer positions as identified in the endorsed merger plan that
886 was approved by the Boards of Fire Commissioners of the North
887 Naples Fire Control and Rescue District and the Big Corkscrew
888 Island Fire Control and Rescue District on August 14, 2014 .
889 (3) Requirements for financial disclosure, meeting
890 notices, reporting, public records maintenance, and planning
891 shall be as set forth in chapters 189, 191, and 286, Florida
892 Statutes .
893 (4) The district shall exist until the Legislature
894 approves a special act providing for its dissolution, and such
895 special act is contingent upon approval at referendum by the
896 electors of the district.
897 (5) The district ' s property and assets are exempt from
898 taxation pursuaht to s . 191 . 007, Florida Statutes .
899 (6) (a) The district and its officers, agents, and
900 employees shall have the same immunity from tort liability as
901 other agencies and subdivisions of the state . Chapter 768,
902 Florida Statutes, applies to all claims asserted against the
903 district .
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904 (b) The district commissioners and all officers, agents,
905 and employees of the district shall have the same immunity and
906 exemption from personal liability as provided in chapter 768,
907 Florida Statutes .
908 (c) In accordance with chapter 768, Florida Statutes, the
909 district shall defend all claims against the district
910 commissioners and officers, agents, and employees of the
911 district which arise within the scope of employment or purposes
912 of the district and shall pay all judgments against such
913 persons, except where such persons acted in bad faith or with
914 malicious purpose or in a manner exhibiting wanton and willful
915 disregard of human rights, safety, or property.
916 Section 4 . Liberal construction.—This act shall be
317 liberally construed in order to effectively carry out the
918 purposes of this act in the interest of the public health,
919 welfare, and safety of the citizens served by the district.
920 Section 5 . Conflict.—In the event of a conflict of any
921 provision of this act with the provisions of any other act, the
922 provisions of this act shall control to the extent of such
923 conflict .
924 Section 6. Determination of millage.—The district shall
925 maintain the authority to levy a millage rate up to 3 . 75 mills
926 within the Big Corkscrew Island Service Delivery Area that was
927 previously approved by referendum in the Big Corkscrew Island
928 Fire Control and Rescue District as required by the State
929 Constitution and chapter 191, Florida Statutes. The maximum
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930 millage rate within the Big Corkscrew Island Service Delivery
931 Area may only increase upon approval at a referendum as required
932 by the State Constitution and this act. The district shall
933 maintain the authority to levy a millage rate up to 1 mill
934 within the North Naples Service Delivery Area that was
935 previously approved by referendum in the North Naples Fire
936 Control and Rescue District as required by the State
937 Constitution and chapter 191, Florida Statutes. The maximum
938 millage rate approved within the North Naples Service Delivery
939 Area may only increase upon approval at a referendum as required
940 by the State Constitution and this act. The district is
941 authorized to continue or conclude procedures under chapter 200,
942 Florida Statutes, on behalf of the component independent special
943 districts. As the district desires to have an equalized ad
944 valorem millage rate districtwide as long as the revenues and
945 reserves of one taxing subunit, otherwise known as a service
946 delivery area or a component independent special district, are
947 not subsidizing the other taxing subunit, the district shall
948 reduce the ad valorem millage rate within the Big Corkscrew
949 Island Service Delivery Area taxing subunit once the general
950 fund revenues of that taxing subunit are sufficient to meet that
951 subunit ' s general fund budgeted expenses without using its
952 reserve funds .
953 Section 7 . Chapters 99-450, 2000-395, and 2006-353, Laws
954 of Florida, are repealed.
955 Section 8 . This act shall take effect upon becoming a law.
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INTERLOCAL AGREEMENT
ADVANCED LIFE SUPPORT PARTNERSHIP
BETWEEN COLLIER COUNTY AND BIG CORKSCREW ISLAND FIRE CONTROL
AND RESCUE DISTRICT
THIS INTERLOCAL AGREEMENT, made and entered into this 25th day of
March 2014, by and between the Collier County, a political subdivision of the State of Florida,
(hereinafter "COUNTY") and the BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE
DISTRICT, an Independent Special District of the County of Collier, State of Florida, created under
Chapter 61-2032, Laws of Florida, and Chapter 191, Florida Statutes, (hereinafter 'BIG
CORKSCREW").
PURPOSE
The purpose of this Interlocal Agreement is to provide quality and cost effective fire rescue and
emergency medical services to the persons residing within the boundaries of BIG CORKSCREW
district and Collier County. The recognition an d utilization o f existing and future personnel skills,
qualifications and resources is in the interest and benefit of both agencies and the public we serve.
WITNESSETH
WHEREAS, BIG CORKSCREW and COUNTY seek to enhance emergency service further
through a continued partnership; and
WHEREAS, this Agreement provides for an Advanced Life Support (hereinafter
"ALS") partnership where a BIG CORKSCREW Firefighter/Paramedic or a Firefighter/Emergency
Medical Technician will work and train with a COUNTY Paramedic/Firefighter with ALS and/or
basic life support EMT duties; and
WHEREAS, the ALS partnership also provides for a COUNTY Paramedic/Firefighter to work
and train on a BIG CORKSCREW Fire-Rescue unit providing firefighting and paramedic duties; and
WHEREAS, BIG CORKSCREW and COUNTY work cooperatively to assure appropriate
response of sufficient emergency medical resources,
NOW, THEREFORE, In consideration of the above premises, and the mutual covenants, terms,
and provisions contained herein, the COUNTY and BIG CORKSCREW agree as follows:
SECTION I: DEFINITIONS
1.1 ALS means treatment of life-threatening medical emergencies through the use of
techniques such as endotracheal intubation, the administration of drugs or intravenous
fluids, cardiac monitoring, and cardiac defibrillation by a qualified person, pursuant to rules
of the COUNTY Medical Director(hereinafter"OMD").
1.2 BLS "Basic life support"means treatment of medical emergencies by a qualified person through
the use of techniques such as patient assessment, cardiopulmonary resuscitation (CPR),
splinting, obstetrical assistance, bandaging, administration of oxygen, application of medical
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antishock trousers, administration of a subcutaneous injection using a premeasured auto injector
of epinephrine to a person suffering an anaphylactic reaction, and other techniques described in
the Emergency Medical Technician Basic Training Course Curriculum of the United States
Department of Transportation. The term "basic life support" also includes other techniques
which have been approved and are performed under conditions specified by rules of the
department or the OMD.
1.3 BCC refers to the Collier County Board of Commissioners.
1.4 OA/OI means Quality Assurance/ Quality Improvement which is the Medical
Director approved program which assesses and monitors the medical performance of
Paramedics and Emergency Medical Technicians.
1.5 PCR means the Patient Care Record which chronicles the medical treatment of the patient.
1.6 Permitted means a non-transporting ALS fire apparatus and rapid response vehicle operating
under the ALS license issued to COUNTY Emergency Medical Services Department
(hereinafter "EMS")for the purpose of enhancing 911 medical responses.
1.7 Non-Permitted refers to any response vehicle that is not required by State Statute to be
licensed,but is authorized by the OMD.
1.8 OMD refers to the Collier County Office of the Medical Director.
SECTION II: COUNTY'S RESPONSIBILITY
The following specific services, duties, and responsibilities will be the obligation of the COUNTY:
2.1 The COUNTY will provide through the County's Emergency Medical Services (EMS)
Department and the OMD; medical direction, medical protocols, training and quality assurance
on a countywide basis.
2.2 The COUNTY, as a licensed provider of advanced life support under Chapter 401, Ha. Stat.
and Chapter 64J, Fla.Admin. Code, will permit a minimum of one(1), BIG CORKSCREW fire
apparatus or response vehicles as non-transporting ALS vehicle(s) under the COUNTY EMS
license for the purpose of enhancing 911 medical responses.
2.3 The COUNTY will permit additional vehicles as non-transporting ALS vehicles, as identified in
2.2 and mutually agreed upon, under the COUNTY EMS license during the term of this
Interlocal Agreement.
2.4 The COUNTY EMS Department will provide one (1) Paramedic/Firefighter to BIG
CORKSCREW 365 days per year, 24 hours per day to be utilized on fire apparatus vehicle(s)
located in BIG CORKSCREW and permitted as an ALS non transporting unit under the Board
of County Commissioner's authority pursuant to Chapter 401, Fla. Stat. and Chapter 64J, Ha.
Admin. Code. These unit(s) will be designated within the County Sheriffs Office Computer
Aided Dispatch (CAD) program to automatically respond to medical incidents with, or in place
of, an ALS transport unit committed to a previous medical, rescue or fire operation in
accordance with the COUNTY's Emergency Medical Dispatch protocol as an emergency
medical response and/or fire suppression vehicle.
2.5 Pursuant to Chapter 401, Fla. Stat. and Chapter 64J, Fla. Admin. Code, BIG CORKSCREW
may operate any of their permitted and/or non- permitted ALS vehicles or apparatus as a BLS
responder when a paramedic does not staff the vehicle.
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2.6 The COUNTY will maintain all medical run reports in an OMD approved records system and
will handle them in a manner consistent with County operating guidelines, Federal, and State
laws.
2.7 The COUNTY shall be responsible for providing and replacing expendable medical supplies
and for the cost of repair and maintenance of all ALS equipment supplied by the COUNTY.
SECTION III: BIG CORKSCREW'S RESPONSIBILITY
The following specific services, duties, and responsibilities will be the obligation of BIG
CORKSCREW:
3.1 BIG CORKSCREW will provide through BIG CORKSCREW Fire Rescue District; Incident
Command, incident safety direction, fire rescue standard operating guidelines and training on a
regional basis.
3.2 BIG CORKSCREW will ensure all BIG CORKSCREW personnel providing medical care
maintain all state and federally required licensure. Records shall be maintained by BIG
CORKSCREW and available to the COUNTY upon request.
SECTION IV:MUTUAL CONVENANTS
4.1 The COUNTY and BIG CORKSCREW will provide each other's department employees'
similar training and internship programs as would be provided for a COUNTY or BIG
CORKSCREW employed Firefighter/Paramedic or Firefighter/EMT.
4.2 Necessary qualifications for both BIG CORKSCREW and COUNTY Firefighter/Paramedics
will be cooperatively developed and defined within the ALS Operational Plan.
4.3 The COUNTY and BIG CORKSCREW will work cooperatively to identify and request
appropriate grants in order to improve the operations and service capabilities of both
departments.
4.4 The operational decision to change the location of either apparatus assignment may be changed
by mutual written consent between the Chief of BIG CORKSCREW or his/ her designee and
COUNTY's County Manager or his/her designee(e.g.Chief of EMS).
4.5 NOTIFICATION OF EXPOSURE TO INFECTIOUS DISEASES: In the event that Collier
County EMS Department is notified of an exposure to infectious disease, EMS shall notify BIG
CORKSCREW Infectious Control Officer so they may take appropriate action. Upon
notification, the treatment procedures shall be the responsibility of BIG CORKSCREW In the
event that BIG CORKSCREW is notified of an exposure to infectious disease, BIG
CORKSCREW shall notify the EMS Infectious Control Officer or Battalion Chief 82 so they
may take appropriate action.
SECTION V: OPERATING PROCEDURES
5.1 The COUNTY EMS Department Paramedic/Firefighters will meet the same requirements
and perform under the same fire specialized response protocols, standard operating procedures
and chain of command as employees of BIG CORKSCREW.
5.2 The ALS Operational Plan, Attachment A, may be revised by mutual written consent between
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the Chief of the BIG CORKSCREW Fire Rescue and COUNTY's County Manager or his
designee (e.g. Chief of EMS). Such revisions must not conflict with the terms and standards set
forth in this Agreement.
5.3 BIG CORKSCREW and COUNTY EMS will recognize the respective ranks and abilities of
assigned personnel.
5.4 All discipline and investigations leading to discipline will be handled by the respective
employing agency.
5.5 BIG CORKSCREW and COUNTY will utilize Command Staff and assets for logistical,
support, and operational needs for national, state and local emergencies.
5.6 The State of Florida recognized Incident Management System (IMS) is the standard for
emergency operations. BIG CORKSCREW shall assume command and control of all incidents
where BIG CORKSCREW is the Authority Having Jurisdiction. In all instances where BIG
CORKSCREW has established command, COUNTY EMS shall assume responsibility for, and
be in charge of, patient care.
5.7 The COUNTY and BIG CORKSCREW will share statistical data.
SECTION VI:RESOLUTION OF CONFLICTS
6.1 If the two governing entities' standard operating procedures, chain of command or any other
unforeseen circumstances come into conflict, issues will immediately be decided in the
following manner;
1. First and foremost by the medical needs of the patient and responder safety.
2. The COUNTY will have jurisdiction of medical issues concerning appropriate patient
care.
3. BIG CORKSCREW will have jurisdiction of fire/rescue issues concerning operations
and safety.
4. Conflicts involving patient care issues will be resolved through a QA/QI process.
5. Should conflicts arise that are irresolvable, the chain of command within each
department will come together in an attempt to resolve those issues at the
equivalent levels of each department and in unison move up the chain of command as
necessary.
SECTION VII: AGREEMENT TERM
7.1 The Interlocal Agreement shall remain in full force and effect from the date first above written
and shall terminate after written notice of termination.
7.2 This Interlocal Agreement shall be reviewed and renegotiated as necessary after three (3) years.
Absent termination or amendment to this Interlocal Agreement, the term of this Interlocal
Agreement will automatically renew in (3) three year periods. Nothing within this Agreement
shall preclude review and amendment of any provision within the three (3) year period or
successive renewal periods when such amendment is mutually agreed to in writing by the
COUNTY and BIG CORKSCREW.
7.3 Either the COUNTY or BIG CORKSCREW may terminate this Interlocal Agreement after
providing written notice of its intent to terminate at least ninety (90) days in advance of the date
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of termination.
In the event that the COUNTY determines that the BIG CORKSCREW failure to fulfill any of
the obligations under this Agreement adversely affects or may adversely affect the medical
needs of the patient and/or responder safety, EMS may provide written notice to BIG
CORKSCREW of its intent to recommend that the BCC terminate this Agreement. BCC
consideration of termination of this Agreement must occur at the next available regular meeting
of the BCC. Advance notice of the BCC meeting date and agenda item must be provided to the
Medical Director and BIG CORKSCREW. Unless otherwise determined by the BCC at the
meeting, the notice of intent to recommend that the BCC terminate this Agreement shall be
deemed to be fully sufficient and to have commenced the (90) ninety day notice period. In the
alternative, the BCC at the meeting may, after receiving information from the Medical Director
and BIG CORKSCREW, terminate this Agreement without further action or notice to BIG
CORKSCREW. Nothing in this Agreement shall limit the authority of the Medical Director as
set forth in the Florida Statutes and the Florida Administrative Code.
In the event that the DISTRICT's Fire Chief determines that EMS failure to fulfill any of the
obligations under this Agreement adversely affects or may adversely affect the needs of the BIG
CORKSCREW citizens and/or responder safety, BIG CORKSCREW may provide written
notice to COLLIER COUNTY of its intent to recommend that the Big Corkscrew Board of Fire
Commissioners (hereinafter "Bat-qt.") terminate this Agreement. BCIFR consideration of
termination of this Agreement must occur at the next available regular meeting of the BCIFR.
Advance notice of the BCIFR meeting date and agenda item must be provided to the EMS Chief
and Collier County. Unless otherwise determined by the BCIFR at the meeting, the notice of
intent to recommend that the BOER terminate this Agreement shall be deemed to be fully
sufficient and to have commenced the (90) ninety day notice period. In the alternative, the
BCIFR at the meeting may, after receiving information from the Fire Chief and BCIFR,
terminate this Agreement without further action or notice to COLTER COUNTY. Nothing in this
Agreement shall limit the authority of the Fire Chief as set forth in the Florida Statutes and the
Florida Administrative Code.
7.4 The terminating party must also provide the non-terminating party's representatives with an
opportunity to consult with the terminating party's representatives regarding the reason(s) for
termination during the notice periods provided in Section 7 of this Agreement.
SECTION VIII: INSURANCE
8.1 BIG CORKSCREW and COUNTY shall maintain insurance in the minimum amounts and types
required by Florida State Statutes.
8.2 BIG CORKSCREW and COUNTY agree that either party may be self-insured on the condition
that all self-insurance must comply with all State laws and regulations and must meet with the
approval of the other party to this Interlocal Agreement.
8.3 To the extent permitted liy law and as limited by and pursuant to the provisions of Florida
Statutes, Section 768.28, BIG CORKSCREW and COUNTY agree to hold harmless the other,
their employees and agents against any and all claims and/or damages by or behalf of any
person, employee or legal entity arising from their respective negligent acts pursuant to this
agreement that allows employees of the other to occupy and ride in each other's vehicles.
Nothing is intended to alter either party's immunity in tort or otherwise impose liability on BIG
CORKSCREW or the COUNTY when it would not otherwise be responsible.
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SECTION IX: MISCELLANEOUS
9.1 This Interlocal Agreement shall be governed by and construed under the laws of the State of
Florida. In the event any litigation is instituted by way of construction or enforcement of
the Interlocal Agreement, the party prevailing in said litigation shall be entitled to collect
and recover from the opposite party all court costs and other expenses, including
reasonable Attorney's fees.
9.2 It is understood that this Interlocal Agreement must be executed by both parties prior to BIG
CORKSCREW and COUNTY commencing with the work, services, duties and
responsibilities described heretofore.
9.3 Prior to its effectiveness, this Interlocal Agreement and any subsequent amendments shall
be filed with the Clerk of Courts for the Circuit Court for Collier County pursuant to
Section 163.01 (2), Fla Stat. The COUNTY shall file said agreement as soon as practicable
after approval and execution by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to
be executed by their appropriate officials, as of the date first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,CLERK COLLIER COUNTY,FLORIDA
BY:
,Deputy Clerk Tom Henning,
Chairman
Approved as to form and legality
a
Jenm er A.Belpedio
Assistant County Attorney 31131 F`t
ATTEST: BIG CORKSCREW FIRE CONTROL AND
RESCUE DISTRICT
P r
` I ' zoo,�Lt BY:
e
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ATTACHMENT A
COLLIER COUNTY EMERGENCY MEDICAL SERVICES I FIRE DEPARTMENT AND
BIG CORKSCREW FIRE CONTROL AND RESCUE DISTRICT
ALS OPERATIONAL PLAN
Mar-c,k'
REFERENCE: ALS Program Interlocal Agreement, 3 � � , 2014
PURPOSE: To provide quality and cost effective fire rescue and emergency medical services to
the residents of BIG CORKSCREW and Collier County (COUNTY). The recognition and
utilization of existing and future personnel skills, qualifications and resources is in the interest
and benefit of both agencies and the public we serve.
I. QUALIFICATION REQUIREMENTS
a. COUNTY Paramedic/Firefighters utilized on designated fire apparatus must maintain the
following valid and current qualifications:
i. Florida Bureau of Fire Standards and Training Certificate of Compliance for
Minimum Standards(Firefighter II);
ii. Florida Bureau of Emergency Medical services and Community Health
Resources Paramedic Certification;
iii. Emergency Vehicle Operator Certification in accordance with F.A.C. Chapter
64J;
iv. Collier County OMD Paramedic credentialing;
v. Collier County Fire Chiefs' Association Firefighter Cross Training Certification.
b. At least one BIG CORKSCREW Firefighter utilized on permitted BIG
CORKSCREW ALS apparatus or vehicle must maintain the following valid and
current qualifications;
i. Florida Bureau of Emergency Medical services and Community Health
Resources Emergency Medical Technician (EMT) or Paramedic Certification
and;
II. SCHEDULING AND POSITION ASSIGNMENTS
i. The COUNTY Battalion Chief 82 and BIG CORKSCREW Captain 10 (or
designee) will consult openly in order to assure continuity and efficiency.
ii. The COUNTY will continuously provide BIG CORKSCREW with one [1]
COUNTY Paramedic/Firefighter as qualified within Section I. a. for use on a
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designated ALS apparatus or vehicle.
iii. Program participants will participate in appropriate on-duty training, station
duties and unit assignments in accordance with assignment and rank.
iv. It is recognized by COUNTY and BIG CORKSCREW that harmonious and
productive relationships between all personnel are necessary. Teamwork and
cooperation is encouraged and expected.
v. Applicable COUNTY and/or BIG CORKSCREW policies, practices,
procedures, standard operating guidelines, general orders, protocols and/or
applicable Bargaining Unit Contract language will be observed.
III. COMMUNICATION AND DISPATCH
a. COUNTY and BIG CORKSCREW staff will assure all personnel operate on the
appropriate radio frequency, unit identifier dispatch and zone coverage protocol in
accordance with Computer Aided Dispatch (CAD) and the CCFCA Communications
Manual Designated assignments are outlined as follows:
i. Medical Director approved Emergency Medical Dispatch (EMD) Models shall be
designed to assure the initial response of appropriate ALS permitted apparatus.
ii. COUNTY and BIG CORKSCREW chief officers will utilize available BIG
CORKSCREW permitted resources to assure ALS coverage is continuously
maintained within BIG CORKSCREW.
iii. If requested, COUNTY and BIG CORKSCREW chief officers will assure permitted
ALS assets will respond to out-of-district emergencies or coverage.
b. Applicable COUNTY and/or BIG CORKSCREW policies, practices, procedures, standard
operating guidelines, general orders, protocols and/or applicable Bargaining Unit Contract
language will be observed.
IV. DOCUMENTATION
Before the end of shift, an accurate and complete OMD approved electronic report (E-
PCR) will be transmitted for each patient contact 100% of the time by the COUNTY
paramedic/ firefighter. All medical procedures performed by the personnel assigned to
the response will be fully documented.
ii. Prior to 0900hrs, or as call volume permits, the BIG CORKSCREW Lieutenant with a
carbon copy to Captain 10 or designee must fax or email a complete ALS Staffing Report
to Battalion Chief 80's office. If staffing changes are made during the shift, an updated
report will be provided to Battalion Chief 80 prior to or at the end of shift to reflect
staffing changes. Battalion Chief 80 will provide a complete EMS Staffing report to the
BIG CORKSCREW Lieutenant's office with a carbon copy to Captain 10.
V. QUALITY ASSURANCE
Patient care concerns may be found outside of report monitoring and may be reported by
either agency or allied personnel such as hospital staff, deputies, etc. Concerns should be
made in writing to a QA Committee member via the Quality Assurance Review Form
whenever possible and including pertinent specific details.
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ii. The OMD will review all potential malpractices and make recommendations for follow
up with call participants and future treatment or training guidelines. Feedback will be
provided to both the complainant and the treating paramedic by the QA committee upon
the resolution of the issue.
VI. TRAINING
i. BIG CORKSCREW personnel are allowed to attend EMS sponsored in-service training
classes.
ii. If requested by BIG CORKSCREW the COUNTY Paramedic/Firefighter(s) may instruct
BIG CORKSCREW firefighter paramedics or EMTs Medical Director approved in-
services,certifications, classes,etc.utilizing preapproved curriculum
iii. Any curriculum taught by the COUNTY Paramedic/Firefighter(s)must be submitted with
a complete student roster to the OMD in order to qualify for COUNTY accreditation. In
addition, EMS Paramedic/ Firefighter will accurately record continuing education hours
of any personnel completing their training and provide those records to the COUNTY on
the conclusion of training.
iv. BIG CORKSCREW will provide to the COUNTY appropriate approved fire training
documentation for recognized State approved fire classes.
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EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute an Interlocal Agreement for
an Advanced Life Support Partnership between Collier County and the Big Corkscrew Island Fire
Control and Rescue District.
OBJECTIVE: To provide quality and cost effective fire rescue and emergency medical services to
the residents of the Big Corkscrew District and Collier County.
CONSIDERATIONS: In accordance with the Board's direction at their January 28, 2014 regular
meeting to enhance emergency medical services and response time, enhancements to the
County's partnership with the Big Corkscrew Fire District were proposed. The Agreement
attached to this item provides for Big Corkscrew District firefighter/paramedics or Firefighter/
Emergency Medical Technicians to work and train with a County paramedic/firefighter with
ALS and/or basic life support EMT duties and for a County Paramedic/Firefighter to work and
train on a Big Corkscrew Fire-Rescue unit providing Firefighting and Paramedic duties.
FISCAL IMPACT: The FY14 cost to add personnel for 24 hour coverage is $132,200. Recurring
costs in future years is approximately $265,000 plus any budgeted salary and/or benefits
increases.
LEGAL CONSIDERATIONS: The Agreement is substantially identical to the recent Board approved
ALS Interlocal agreements with exception that paragraphs related to District personnel working on
County apparatus were removed because that is not the proposed arrangement. This item has been
approved for form and legality and requires a majority vote. -JAB
GROWTH MANAGEMENT IMPACT:None.
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to execute an Interlocal Agreement for an Advanced Life Support Partnership between
Collier County and the Big Corkscrew Island Fire Control.
Prepared By: Maria Franco, Administrative Assistant,Emergency Medical Services
Attachments: Interlocal Agreement
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MEMORANDUM
TO: Leo Ochs, County Manager
FROM: Walter Kopka, Chief
THRU: Len Price, Department Head
DATE: December 11, 2015
RE: Response to Chief Stolts Letter Dated December 9, 2015
Manager Ochs-
Please accept the information below in reference to Chief Stolts letter to the Board of
Commissioners on December 9, 2015.
Chief Stolts states:
"Unlike other Collier County interlocal agreements, the BCI- ALS Agreement does not
authorize the District's paramedics to practice under the Collier County EMS
paramedic. "
This is true, but it is not a like comparison. The Big Corkscrew Interlocal is
very different from the other interlocal agreements. The Big Corkscrew
interlocal simply provides a County EMS Paramedic/ Firefighter to a Big
Corkscrew apparatus. All other interlocal agreements require either a swap
program or the fire department paramedic ride to the hospital if the patient
requires ALS. Also, other interlocal agreements require training and
certification from the County Medical Director.
"In fact, the BCI-ALS agreement states the District can provide an EMT on the ALS
apparatus even though the EMT cannot provide ALS services in any situation. "
This was done at the request of Big Corkscrew during negotiations of the
interlocal agreement. Big Corkscrew administrative staff stated many of
their paramedics were pump operators, engineers and lieutenants and were
needed on other Big Corkscrew apparatus. This was also a reason Big
Corkscrew administration did not want to participate in a swap program.
"It also does not require the District's paramedics to be certified by the County Medical
Director, which is different than the other ALS interlocal agreements. "
Yes, because the interlocal agreement does not require training or
ambulance ride time required by the County Medical Director. During initial
discussions of an interlocal agreement, Big Corkscrew administrative staff
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stated their paramedics could not meet the minimum requirements (ride time
and training) of the County Medical Director.
"....even if the District had the legal authority, the BCI-ALS Agreement is unclear
regarding the District's paramedic providing ALS services from the single District
apparatus. "
The BCI-ALS Agreement states:
"WHEREAS, this Agreement provides for an Advanced Life
Support (hereinafter "ALS") partnership where a BIG CORKSCREW
Firefighter/Paramedic or a Firefighter/ Emergency Medical Technician
will work and train with a COUNTY Paramedic/Firefighter with ALS
and/or basic life support EMT duties; and"
"WHEREAS,BIG CORKSCREW and COUNTY work cooperatively to
assure appropriate response of sufficient emergency medical services,"
"The COUNTY will provide through the County's Emergency
Medical Services (EMS) Department and the OMD; medical
direction, medical protocols, training and quality assurance on a
countywide basis."
These elements of the interlocal agreement clearly provide the direction that
a Big Corkscrew Paramedic can work and train with ALS under the
supervision of the County paramedic/firefighter.
Unilaterally discontinuing the ability for Big Corkscrew paramedics to
perform ALS may impede our joint efforts to assure appropriate response of
emergency services.
If you have any questions please feel free to contact me.
Response to Chief Stolts Letter Dated December 9, 2015 Page 2 of 2
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