Agenda 04/28/2015 Item #16K2 4/28/2015 16.K.2.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute a Settlement Agreement
with the Florida Department of Health to settle an administrative case captioned Florida
Department of Health v. Collier County EMS (DOH Case No.: 2013-13123) with the County
agreeing to commit funds toward Locution Systems and related upgrades (total amount
$231,493) within one year with no admission of liability. (This item is a companion to Agenda
Item No. 16E3)
OBJECTIVE: To settle the administrative case of the Florida Department of Health v. Collier
County EMS.
CONSIDERATIONS: Collier County received notice of an Administrative Complaint from the
Florida Department of Health ("DOH") on or about December 4, 2014. The Complaint sterns
from an alleged delay in a medical transport where the 9-1-1 dispatch/notification system
including the VHF radio, pager, and cell phone (tablet) notifications somehow failed resulting in
a four minute delay in response time. Further details are set forth in the attached Executive
Summary (heard as Item 12A on January 13, 2015), in which the Board authorized this Office to
defend the Complaint.
In keeping with this direction, Collier County filed a response denying the allegations in the
Complaint and requesting an Administrative Hearing before an Administrative Law Judge.
Working towards an amicable resolution with the DOH, this Office directed Collier County EMS
to prepare a Comprehensive Report to the DOH which included: (1) Background of the incident
at issue in the Administrative Complaint, (2) Internal Investigation and Correction Actions, (3)
Corrective Action Implementation and Levels of Opportunity to Receive Calls, (4) EMS
Expansion and Improvements 2014, (5) Long Term Goals, and (6) National Accreditation
Certification and Standards. Section (5) Long Term Goals became the basis for the Settlement
Agreement, and concerns Collier County's commitment to improve its Locution Systems.
Locution Systems is a comprehensive alerting system for fire and EMS agencies. The addition
of Locution Systems will provide greater notification resources when EMS is dispatched to a
call. The Collier County Sheriff's Office has already started implementation of Locution
Systems including providing the basic elements to Collier County EMS. EMS would like to
purchase and implement this comprehensive alerting system and has projected the cost of the
complete Locution package which includes amps, speakers, wiring, night vision LED lighting,
and strobe lights, to be $231,493. Further details are set forth in companion item (16E3).
To finalize the Settlement, on March 26th I met with Patrick Reynolds, Chief Litigation Officer
of the Florida Department of Health at his offices in Tallahassee. Mr. Reynolds was satisfied
with the proposed improvements, and concurred with my belief that the public would be far
better served with the County's upgrading its existing Locution Systems rather than spending
this money on litigation costs and potential fines. Mr. Reynolds forwarded the proposal to his
superiors, who concurred with this approach, and the State then provided the County with the
proposed Settlement Agreement.
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The proposed improvements are ones which staff intends to make in the future, with the timing
based on budgetary considerations; the proposed Settlement Agreement simply accelerates the
implementation of these improvements by requiring the County to commit $231,493 toward
Locution System upgrades within 365 days from the date of the Agreement. There is no County
admission of liability and no finding of any liability. Each party agrees to pay its own attorneys
fees and costs.
The County Attorney believes that it is in the best interest of the County to enter into this
Settlement Agreement based on the extensive resources required to litigate the case, the
significant exposure alleged in the Administrative Complaint (potentially in excess of$700,000),
and more importantly the substantial public benefit that would be achieved by implementing
these improvements.
FISCAL IMPACT: The Settlement Agreement requires the County to commit $231,493 to
system upgrades within 365 days (one year) from the date the Agreement is fully executed.
Funds are available in EMS Funds 490 and 493.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney as to form and legality and requires majority vote for approval.—JAK
RECOMMENDATION: For the Board of County Commissioners to approve and authorize the
Chairman to execute a Settlement Agreement with the Florida Department of Health to settle an
administrative case captioned Florida Department of Health v. Collier County EMS (DOH Case
No.: 2013-13123) with County agreeing to commit $231,493 to Locution System upgrades with
no admission of liability.
Prepared by: Jeffrey A. Klatzkow, County Attorney, with assistance from Walter Kopka, Chief, Collier County
EMS
Attachments: Proposed Settlement Agreement
Executive Summary dated January 13,2015(12A,previously 16K2))
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.2.
Item Summary: Recommendation to approve and authorize the Chairman to execute a
Settlement Agreement with the Florida Department of Health to settle an administrative case
captioned Florida Department of Health v. Collier County EMS (DOH Case No.: 2013-13123)
with County agreeing to commit funds toward Locution Systems and related upgrades (total
amount$231,493) within one year with no admission of liability.This item is a companion to
Item 16E3.
Meeting Date: 4/28/2015
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, CAO Office Administration
4/15/2015 4:14:12 PM
Approved By
Name: KopkaWalter
Title: Chief-Emergency Medical Services, EMS Operations
Date: 4/15/2015 4:24:32 PM
Name: PriceLen
Title: Department Head-Administrative Svc, Administrative Services Department
Date: 4/15/2015 5:29:25 PM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 4/16/2015 9:06:46 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/16/2015 10:44:49 AM
Name: KimbleSherry
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 4/16/2015 11:22:17 AM
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Name: OchsLeo
Title: County Manager,County Managers Office
Date: 4/16/2015 4:11:57 PM
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1/13/2015 16.K.2.
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney's Office to file a Petitio for Administrative
Hearing in response to the Florida Department of Health's Administrative mplaint captioned
Department of Health v.Collier County EMS,Case No.2013-13123 regarding an EMS call from
December 2012.
OBJECTIVE: To file a Petition for Administrative Hearing seeking a hearing with an
Administrative Law Judge.
CONSIDERATIONS: Collier County EMS received an Administrative Complaint from the
Florida Department of Health on or about December 4, 2014. The Complaint stems from a
medical transport incident involving an alleged delay in response time in December 2012. This
matter had come to the Board's attention through public petitions by the Minard family and by a
follow-up staff report to the Board on October 8,2013 (Item 11C), a copy of which is included
as back-up material: EMS denies and disputes the allegations in the Complaint and requests
authorization to file a Petition for Administrative Hearing requesting a hearing before an
Administrative Law Judge. Pursuant to Sections 401.411(1) and (7), Fla. Stat, the
_ Administrative Complaint seeks both a reprimand and fines in the amount of$1,000 per day.
Based on the date of the alleged violation, should the State prevail the County's monetary
exposure could exceed$700,000.
The Complaint alleges that EMS is in violation of Section 401.411(1)(g), 111. Stat., in that on
December 14, 2012, CCEMS negligently failed to respond to an initial set of EMS alert tones
and that the failure to respond to the initial tones caused a six(6)minute delay in EMS departing
the station in response. The Complaint further alleges that EMS is in violation of Section
401.411(1)(1), Fla. Stat., for failing to report the alleged violation. Collier County EMS denies
any Iiability or violation of Florida law.
FISCAL IMPACT: Uncertain at this time.
GROWTH MANAGEMENT IMPACT: No Growth Management Impact.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
approved as to form and legality,and requires majority vote for approval. —JAK
RECOMMENDATION: Recommendation to authorize the County Attorney's Office to file a
Petition for Administrative Hearing in response to the Florida Department of Health's
Administrative Complaint captioned Department of Health v. Collier County EMS, Case No.
2013-13123 regarding an EMS call from December 2012.
Prepared by: Walter Kopka,Chief,Collier County EMS
Jeffrey A.Klatz>cow,County Attorney
Attachments: Administrative Complaint, Board Agenda Back-Up (October 8, 2013 (11C)), Section
401.411,Fla. Stat.
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STATE OF FLORIDA
DEPARTMENT OF HEALTH
BUREAU OF EMERGENCY MEDICAL OVERSIGHT
DEPARTMENT OF HEALTH,
Petitioner,
v. Case No. 2013-13123
COLLIER COUNTY EMS,
Respondent.
SETTLEMENT AGREEMENT
Collier County EMS, referred to as the "Respondent," and the Department of Health,
referred to as "Department," stipulate and agree to the following Agreement and to the
entry of a Final Order of the Bureau of Emergency Medical Oversight, referred to as
"Bureau," incorporating the Stipulated Facts and Stipulated Disposition in this matter.
STIPULATED FACTS
1. At all times material hereto, Respondent has been licensed as an ALS service
provider in the State of Florida having been issued license number ALS 1102.
2. The Department charged Respondent with an Administrative Complaint that
was filed and properly served upon Respondent, alleging violations of Chapter 401, Florida
Statutes, and the rules adopted pursuant thereto. A true and correct copy of the
Administrative Complaint has been furnished with this Settlement Agreement.
3. Respondent neither admits nor denies the allegations contained in the
Administrative Complaint.
STIPULATED CONCLUSIONS OF LAW
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1. Respondent admits that, in its capacity as a licensed ALS service provider, it
is subject to the provisions of Chapter 401, Florida Statutes, and the jurisdiction of the
Department and the Bureau.
2. Respondent agrees that the Stipulated Disposition in this case is fair,
appropriate and acceptable to Respondent.
STIPULATED DISPOSITION
1. The parties agree that Collier County EMS shall comply with all conditions and/or
proposals set forth in Attachment One to this agreement, including all equipment and component
enhancements, all required installation, maintenance, connections and information technology
improvements, and the purchase of all items listed in Attachment One. Respondent shall provide
the Bureau of Emergency Medical Oversight with proof of said purchases within three hundred
sixty five (365) days after this agreement is fully executed.
STANDARD PROVISIONS
1. Enforceability — It is expressly understood that this Agreement is a legal and
binding document and is fully enforceable against all parties in any court of competent
jurisdiction. The signatories hereto are vested with the authority to execute this Agreement
on behalf of their respective principals, and as designated representatives, to fully bind
such principals.
2. Purpose of Agreement - Respondent, for the purpose of avoiding further
administrative action with respect to this cause, executes this Agreement. Respondent
expressly waives all further procedural steps and/or judicial review of this subject matter.
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The parties hereby agree to waive all claims, rights, charges, recoveries, and amounts with
respect to the subject matter of Case Number 2013-13123.
3. Waiver of attorney's fees and costs - The parties hereby agree they will
bear their own attorney's fees and costs resulting from prosecution or defense of this
matter. Respondent waives the right to seek any attorney's fees or costs from the
Department and the Bureau in connection with this matter.
SIGNED this day of , 2015.
ATTEST:
DWIGHT E. BROCK, Clerk Collier County EMS
By:
Name
Title
Date
APPROVED this _ day of , 2015.
FOR BUREAU OF EMERGENCY MEDICAL
OVERSIGHT
By: John C. Bixler, Administrator
Emergency Medical Services
Florida Department of Health
4052 Bald Cypress Way, Bin #A22
Tallahassee, FL 32399-1722
1Approved as to form and legality
3
Assistant County Attorney
CA
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ATTACHMENT ONE
Collier County Emergency Medical Services Proposal Following December 14,2012
Incident
The following changes have been implemented or are in the process of being implemented by
Collier County Emergency Medical Services("CCEMS") subsequent to the December 14, 2012
incident which is the subject of the administrative complaint filed by the Department of Health,
Case No. 2013-13123.
CCEMS will purchase and fully implement the Locution Systems as described in the Collier
County EMS Investigation and Summary of Correction Actions for Florida Department of
Health v. Collier County EMS, Case No. 2013-13123 dated March 19,2015.
The Locution Systems is a comprehensive alerting system for fire and EMS agencies. The
Locution Systems will automate and streamline emergency dispatching. Call notification will be
sent sequentially rather than simultaneously to a station, a unit in the field, or an individual smart
phone.
The Locution Systems will include:
• Automated voice alerting with simultaneous dispatching
• Visual alerting displays and devices (LED reader boards, LED displays, count up
timers, red night lighting to preserve night vision)
• Audio alerting
• Zoned alerting(routes dispatch information to zones or individual responders)
The Locution Systems will help public safety departments by:
• Speeding response times by seconds and minutes
• Reducing call stacking and delays in handling multiple emergency calls
• Minimizing "please repeat" responses from units being dispatched
The Locution Systems will decrease the delay in notification of units due to "call stacking" and
provide additional ways for crews to be notified of a call. Currently CCEMS has three ways of
call notification, radio, VHF pager and smart phone. CCEMS will ensure that components are
purchased to provide additional notifications. The addition of Locution alerting will provide
more notification resources when a CCEMS unit is dispatched to a call.
CCEMS currently has basic components of the Locution Systems for each CCEMS station.
These components include Locution enclosure (power box) and three zoned areas for alerting
within the station. CCEMS will provide internet connection, speakers, wiring and amps for each
zoned area, and any audio, lighting, or visual components within the station.
The cost of the complete Locution Package to include, amps, speakers,wiring, night vision LED
lighting, strobe lights, install, and maintenance is $231,493.00 for CCEMS. Any additional
notification devices such as reader boards or timers will be an additional charge.
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CCEMS will provide the funding needed to complete the Locution Package. Installation of the
Locution enclosure units is complete and installation of amps, speakers, wiring, and lighting will
begin within thirty (30) days of execution of this Settlement Agreement.
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Cq
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