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Agenda 10/27/2020 Item #16E 1 (Interlocal Agreement)10/27/2020 16.E.1 EXECUTIVE SUMMARY Recommendation to approve an Interlocal Agreement for Mutual Aid between Collier County and Hendry County for Emergency Medical Services (EMS). OBJECTIVE: To provide mutual aid between Collier County and Hendry County EMS in instances where medical emergencies occur and additional equipment and/or manpower is needed to bring the emergency under control or to aid in the rescue of persons. CONSIDERATIONS: Both Collier County and Hendry County are state licensed Emergency Medical Services (EMS) providers and believe it is mutually advantageous and in the interest of the public health, safety and welfare of its citizens to enter into a mutual aid agreement for instances where medical emergencies occur and additional equipment and/or manpower is needed to bring the emergency under control or to aid in the rescue of persons. This mutual aid shall include ground Advanced Life Support (ALS) non -transport apparatus, ALS ambulances and ALS helicopters essential for the response to 911 emergencies and emergency inter -facility transports of critically ill or injured victims or persons with special needs in remote or otherwise inaccessible areas. Chapter 163, Florida Statutes, permits governmental units to enter into interlocal agreements to make the most efficient use of their powers by enabling them to cooperate with one another on the basis of mutual advantage. It is the desire of both Collier County EMS and Hendry County EMS to enter into an Interlocal agreement to define their respective responsibilities and liabilities in the event of a request for mutual aid from either party to the agreement. Similar agreements are currently in place with Broward and Lee Counties. Staff is seeking an agreement with Miami -Dade County as well. These agreements are required as part of the EMS accreditation program. FISCAL IMPACT: There is no fiscal impact resulting from this action. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board action. -JAB RECOMMENDATION: To approve, and authorize the Chairman to execute, the Interlocal Agreement for mutual aid between Collier County and Hendry County for Emergency Medical Services. Prepared by: Tabatha Butcher, Chief, Collier County Emergency Medical Services ATTACHMENT(S) 1. Hendry County Mutual Aid Agreement (PDF) Packet Pg. 1664 16. E.1 10/27/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.1 Doe ID: 13867 Item Summary: Recommendation to approve an Interlocal Agreement for Mutual Aid between Collier County and Hendry County for Emergency Medical Services (EMS). Meeting Date: 10/27/2020 Prepared by: Title: Division Director - EMS Operations — Emergency Medical Services Name: Tabatha Butcher 10/07/2020 4:46 PM Submitted by: Title: Division Director - EMS Operations — Emergency Medical Services Name: Tabatha Butcher 10/07/2020 4:46 PM Approved By: Review: Administrative Services Department Administrative Services Department County Attorney's Office Office of Management and Budget Office of Management and Budget County Attorney's Office County Manager's Office Board of County Commissioners Paula Brethauer Level 1 Department Reviewer Len Price Level 2 Department Head Review Jennifer Belpedio Level 2 Attorney of Record Review Laura Wells Level 3 OMB Gatekeeper Review Laura Wells Additional Reviewer Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Sean Callahan Level 4 County Manager Review MaryJo Brock Meeting Pending Completed 10/09/2020 1:54 PM Completed 10/14/2020 10:13 AM Completed 10/15/2020 11:06 AM Completed 10/15/2020 11:18 AM Completed 10/15/2020 11:18 AM Completed 10/16/2020 11:31 AM Completed 10/19/2020 9:25 AM 10/27/2020 9:00 AM Packet Pg. 1665 16.E.1.a INTERLOCAL AGREEMENT BETWEEN HENDRY COUNTY AND COLLIER COUNTY FOR EMERGENCY MEDICAL SERVICES THIS AGREEMENT, hereinafter "Agreement", is made and entered into this day of , 2020, by and between HENDRY COUNTY, a political subdivision of the State of Florida, P.O. Box 2340, LaBelle, Florida, 33975-2340, hereinafter referred to as "HENDRY" and COLLIER COUNTY, a political subdivision of the State of Florida, 3299 Tamiami Trail East, Suite 303, Naples, Florida 34112, hereinafter referred to as "COLLIER" collectively, the "Parties". WITNESSETH: WHEREAS, each of the Parties is a state licensed Emergency Medical Services (EMS) provider and believe it is mutually advantageous and in the interest of the public health, safety and welfare of its citizens to enter into a mutual aid agreement in instances where medical emergencies occur and additional equipment and/or manpower is needed to bring the emergency under control or to aid in the rescue of persons; and WHEREAS, this mutual aid shall include both ground Advanced Life Support (ALS) non -transport apparatus, ALS ambulances or ALS helicopters essential for the response to 911 emergencies and emergency inter -facility transports of critically ill or injured victims or persons with special needs in remote or otherwise inaccessible areas; and WHEREAS, the Parties believe that providing ALS helicopter service to HENDRY will enhance response and transport times for critically ill or injured victims and is mutually advantageous and in the best interest of the public health, safety and welfare of its respective citizens; and WHEREAS, certain areas within Hendry County are most easily accessed by roads within Collier County and the Parties agree that it would be most efficient for COLLIER to be the entity dispatched to provide service for medical emergencies; and WHEREAS, Section 163.01, Florida Statutes, permits governmental units to enter into interlocal agreements to make the most efficient use of their powers by enabling them to cooperate with one another on a basis of mutual advantage; and WHEREAS, the Parties desire to enter into an Interlocal Agreement to define their respective responsibilities and liabilities in the event of a request for mutual aid from the other party hereto. NOW THEREFORE, in consideration of the mutual terms, conditlons and promises hereafter set forth, HENDRY and COLLIER agree as follows: Page 1 of 5 Packet Pg. 1666 16.E.1.a The recitals set forth above are true and correct and form a factual and legal basis for HENDRY and COLLIER entering into this Agreement. 2. In the event that a medical emergency occurs or exists within the territorial boundaries serviced by HENDRY or COLLIER and a party to this Agreement requests additional equipment and/ or manpower to be provided by the other party to this Agreement in order to bring the medical emergency under control, or to aid in the treatment or rescue of any person, the following provisions shall apply: a. The Chief of COLLIER EMS and the Chief of HENDRY Fire/EMS, or their designees, shall determine among themselves the operational procedures to be employed by their respective agencies in the implementation of a mutual aid response and shall instruct their respective Emergency 911 Dispatch Operators on the operational procedures for the routing of mutual aid responses to the requesting party - lb. All requests for mutual aid pursuant to this Agreement shall include a statement of the amount and type of equipment needed and/or the number of personnel needed and shall specify the location and type of condition or situation to which the equipment and personnel shall be dispatched. The decision as to the amount and type of equipment and the number of personnel actually sent shall rest in the sole discretion of the responding agency. C. Each party shall, if possible, respond to a request for mutual aid with the appropriate manpower and equipment, regardless of whether the site of the medical emergency lies outside the territorial borders of that party's jurisdiction, subject to weather conditions, mission commitment, crew availability and maintenance requirements. In addition to the above, the following provisions shall apply to mutual aid requests a. The terms "requesting party" or "requesting agency" as used in this Agreement shall mean the party requesting mutual aid in accordance with the terms of this Agreement, or the party within whose jurisdiction a medical emergency occurs. The terms "responding party" or "responding agency" shall mean the party or agency responding to a request for mutual aid located in the other party's jurisdiction in accordance with the terms of this Agreement. b. The responding agency shall report to the person from the requesting agency, if any, who is in charge at the location to which the equipment and/or personnel are dispatched. Personnel of the responding agency shall obey any lawful order given by the person from the requesting agency that is in charge. The personnel and/or equipment of the responding agency Page 2 of 5 Packet Pg. 1667 16.E.1.a shall be released by the requesting agency when the services of the responding agency are no longer required or when the personnel and/or equipment of the responding agency are needed in its own jurisdiction. C. if the responding agency is unable to provide mutual aid to the requesting agency due to an emergency or other extenuating circumstance, then it shall not be deemed to be a violation of this Agreement. The determination of what constitutes an emergency or extenuating circumstance shall be determined solely by the Chief of the responding agency or his/her designee. If the responding agency is unable to render mutual aid, it shall promptly notify the requesting agency that it will be unable to aid in or respond to the requesting agency's emergency. d, A responding agency under this Agreement shall bear the cost of any loss or damage to its own equipment and shall be solely responsible for any expenses incurred in the operation and maintenance of its equipment. The terms of this paragraph shall not be construed to prevent a responding agency from recovering those costs permissible under the law from any third party. e. Each party shall be solely responsible for the compensation of its own employees at all times during this Agreement, including any amounts paid or due for compensation for bodily injury or death which occurs while said employees are rendering aid pursuant to this Agreement. f. If applicable, each agency will charge the patient serviced by said agency directly for any treatment or transport provided to the patient under the terms of this Agreement. g. Neither party nor its employees shall have a claim against the other party arising from any aid provided pursuant to this Agreement. h. HENDRY and COLLIER representatives agree to establish mutually acceptable guidelines to conduct quality improvement review of clinical and operational procedures on calls where both agency personnel interact and further agree to share training procedures for their respective employees to assure dispatching procedures are followed and to provide for the safety of any employees working at or around helicopter(s). HENDRY agrees to use only trained personnel as landing zone controllers or when operating in or around the helicopter or landing zone. 4. 1n the event that a medical emergency occurs or exists along or near the following roads in Hendry County, dispatch staff for HENDRY will first contact COLLIER and COLLIER will respond and provide appropriate service if availble'. • Wainwright Road • Nafi Drive Page 3 of 5 - Packet Pg. 1668 16.E.1.a • Sprouse Drive • Sams Avenue • Scotts Avenue • Cliffs Avenue • Halls Avenue The provisions of Section 3.c through 3.g above shall govern services provided under this Section 4. 5. In the event either party hereunder desires or is required to provide any notice to the other party, the party desiring or required to provide such notice shall provide it in writing, send it by certified mail, return receipt requested, postage prepaid, to the other party at the address listed below: If to HENDRY: Hendry County Public Safety Operations Chief P.O. Box 2340 LaBelle, FL 33975 With a copy to: Hendry County Administrator P.O. Box 2340 LaBelle, FL 33975 If to COLLIER: Collier County EMS Chief Emergency Medical Services 8075 Lely Cultural Pkwy Ste 267 Naples, Florida 34113 With a copy to: County Manager of Collier County 3299 Tamiami Trail East Naples, Florida 34112 6. HENDRY and COLLIER, as political subdivisions defined in Section 768.28, Florida Statutes, each agree to be fully responsible to the limits set forth in such statute for their own respective negligent acts or omissions, and agree to be liable to the statutory limits for any damages proximately caused by said acts or omissions. Nothing contained in this section shall be construed to be a waiver by either HENDRY or COLLIER of any protections under sovereign immunity, Section 768.28, Florida Statutes, or any other similar provision of law. Nothing contained herein shall be construed to be a consent by either HENDRY or COLLIER to be sued by third parties in any matter arising out of this or any other agreement. 7. This Agreement incorporates and includes all prior negotiations, correspondence, agreements or understandings between the Parties, and the Parties agree that there are no commitments, agreements or Page 4 of 5 Packet Pg. 1669 16.E.1.a understandings concerning the subject matter of this Agreement that are not contained in this document. 8. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 9. The Parties agree that in the event of any litigation arising out of any alleged breach or non-performance of this Agreement, the venue for such litigation shall be in the county where the cause of said litigation arose. 10. In the event any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the Parties. One or more waivers by either party of any breach of any provision, term, condition or covenant shall not be construed as a waiver of a subsequent breach by the other party. 11. The term of this Agreement shall begin after the last party has approved and signed this Agreement and it has been filed with the Clerk of the Circuit Court of each party's respective county and shall automatically renew every year. This Agreement may be terminated, without cause and without penalty, by either party upon thirty (30) days' written notice to the other party. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. ATTEST: By: Kim Barrineau, Ad Interim Clerk ATTEST: .92 Crystal K. Kinzel, Clerk BOARD OF COUNTY COMMISSIONERS HENDRY COUNTY, FLORIDA Mitchell Wills, Chairman BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Burt L. Saunders, Chairman Approved as to term and legality Page 5 of 5 Assistatai County Attunicy \k' .d Packet Pg. 1670