2011-58 (1611 A
LAKE COUNTY
FLORIDA
COUNTY ATTORNEY'S OFFICE
SANFORD A. MINKOFF' MELANIE N MARSH* ERIN HARTIGAN SARAH TAITT
County Attorney Deputy County Attorney Assistant County Attorney Assistant County Attorney
smtnkoff @lakecountyfl gov mmarsh @lakecountyfl gov eharttgan @lakecountyfl gov stattt @lakecountyfl gov
'Board Certification in City, County and Local Government Law
September 22, 2011
Wayne Saunders, City Manager
City of Clermont
685 West Montrose Street
Clermont, Florida 34711
Re: Interlocal Agreement for Advanced Life Support Services
Mr. Saunders:
Enclosed is an original fully executed Interlocal Agreement for ALS services. If you have any questions,
please feel free to contact me.
Sincerely,
Michelle Wilkinson
Property Management Agent
Enclosures
PO BOX 7800 O 315 W MAIN ST O SUITE 335 O TAVARES, FLORIDA 32778 -7800 0 P 352 343 9787 0 F 352 343 9646
Board of County Commissioners O www lakecountyfl gov
JENNIFER HILL SEAN M. PARKS . ,ucp,Qer , JIMMY CONNER LESLIE CAMPIONE WELTON G. CADWELL
District 1 District 2 District 3 District 4 District 5
INTERLOCAL AGREEMENT
BETWEEN LAKE COUNTY, FLORIDA,
LAKE EMERGENCY MEDICAL SERVICES, INC.
AND
CITY OF CLERMONT, FLORIDA
PERTAINING TO
ADVANCED LIFE SUPPORT SERVICES
THIS INTERLOCAL AGREEMENT PERTAINING TO ADVANCED LIFE
SUPPORT SERVICES (the "Agreement ") is made and entered into by and between LAKE
COUNTY, FLORIDA, a political subdivision of the State of Florida, by and through its Board
of County Commissioners (the "County "), LAKE EMERGENCY MEDICAL SERVICES,
INC., a non - profit corporation ( "LEMS "), and CITY OF CLERMONT, FLORIDA a
municipal corporation organized and existing under the laws of the State of Florida (the "City ").
WITNESSETH:
WHEREAS, on June 27, 2000, pursuant to Florida Statutes §125.01(1)(q), the County
adopted an ordinance establishing the Lake County Municipal Service Taxing Unit (MSTU) for
Ambulance and Emergency Medical Services, which MSTU included the following cities and
towns upon the appropriate municipal ordinances approving inclusion therein: the Towns of
Montverde, Lady Lake, Howey -in- the - Hills, and Astatula, and the Cities of Clermont, Minneola,
Groveland, Mascotte, Tavares, Eustis, Mount Dora, Umatilla, Leesburg, and Fruitland Park; and
WHEREAS, subsequent to the creation of the MSTU and pursuant to Section 163.01,
Florida Statutes, the County created Lake Emergency Medical Services, Inc., a not - for - profit
corporation, which is funded by the taxes levied through the MSTU; and
WHEREAS, the City is a municipal corporation which operates a fire department and
desires to provide first response advanced life support (ALS) services on a regular basis to City
residents, and on a mutual aid basis to County residents; and
WHEREAS, in order to provide such services, the City needs a licensed physician to
provide medical director services to the City; and
WHEREAS, LEMS has a licensed physician on staff who serves as medical director to
LEMS and whose job description includes that such services shall be provided to cities, counties
and not - for - profit corporations that have entered into interlocal agreements with LEMS; and
WHEREAS, the City desires to have its non - transport vehicles licensed and operated
under LEMS' Certificate of Public Convenience and Necessity and other state licenses; and
WHEREAS, this Agreement improves efficiency and saves MSTU fund dollars, due to
LEMS' reduced need for ambulances and other costly equipment in the field; and
WHEREAS, because of the savings to the MSTU fund and increase in efficiency, the
parties agree to compensate the City for provision of ALS services; and
WHEREAS, the parties have determined it is in the best interests of the citizens of the
respective service areas to enter into this Agreement for provision of ALS services.
NOW, THEREFORE, for and in consideration of the mutual terms, understandings,
conditions, promises, covenants and payment hereinafter set forth, and intending to be legally
bound, the parties agree as follows:
Section 1. Recitals. The foregoing recitals are true and correct and incorporated
herein.
Section 2. City Responsibilities.
A. The City shall provide first response advanced life support services on a regular
basis to the residents of the City and on a mutual aid basis to the residents of the County,
provided that adequate resources are available. The City agrees not to provide transport services.
B. The City shall ensure that at least one (1) certified paramedic is on duty within the
City twenty -four (24) hours per day, seven (7) days per week, and may require other paramedics
or certified Emergency Medical Technicians (EMTs) to be on duty if the City, in its sole
discretion, determines such addition personnel are necessary to provide the services required
under this Agreement.
C. The City shall ensure that all paramedics and EMTs employed by the City operate
under the medical protocols mandated by the LEMS medical director and under the medical
direction employed by LEMS.
D. The City shall ensure that all paramedics and EMTs employed by the City, as well
as other City personnel directly involved in providing ALS services pursuant to this Agreement,
abide by all relevant terms and conditions of the LEMS' medical director's job description, a
copy of which shall be made available upon request of any party. It is expressly understood that
the Medical Director is not an employee of the City, and the City shall not be obligated to
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provide indemnification, legal defense, or any form of compensation to either the Medical
Director or LEMS.
E. The City shall ensure that all paramedics and EMTs employed by the City, as well
as other City personnel directly involved in the provision of ALS services pursuant to this
Agreement, shall comply with state and federal law in the provision of such services.
F. The City shall allow LEMS' paramedics, EMTs, and other LEMS personnel
providing ALS services to attend training sessions which are provided by the City for its own
employees at no cost to LEMS or its employees and personnel. Such training may include re-
certification classes, state required continuing education classes and any other ongoing training
provided by the City.
G. The City shall assist in developing medical protocols and quality assurance
programs for the provision of ALS services.
H. The City shall purchase equipment, which in its sole discretion, is necessary for
City personnel to provide ALS services pursuant to this Agreement.
I. The City shall purchase any initial disposable supplies needed for City personnel
to provide ALS services pursuant to this Agreement.
Section 3. LEMS Responsibilities.
A. LEMS shall authorize its Medical Director to provide services to the City and
shall allow the City to operate its non - transport ALS vehicles under LEMS' Certificate of Public
Convenience and Necessity, and other state and federal licenses.
B. LEMS shall establish protocols with the City and provide medical direction for
the provision of ALS services.
C. LEMS shall allow City paramedics, EMTs and other City personnel directly
involved in the provision of ALS services pursuant to this Agreement to attend training sessions
which are provided by LEMS for its own employees at no cost to City or its employees. Such
training may include recertification classes, state required continuing education classes and any
other ongoing training provided by LEMS.
D. LEMS shall replace any disposable supplies used by the City in providing ALS
services pursuant to this Agreement and exchange other equipment on an as- needed basis at no
cost to the City after the City has purchased the initial disposable supplies.
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E. LEMS shall provide, at no cost to the City, any drugs required by City personnel
to provide ALS services pursuant to this Agreement:
F. If equipment is available, LEMS shall provide equipment on loan to the City
when City -owned equipment requires repair or at such other times as LEMS and City personnel
agree.
G. LEMS shall be responsible for complying with all applicable provisions of
Chapter 401, Florida Statutes, and Chapter 64J, Florida Administrative Code.
Section 4. Compensation.
A. In exchange for the City's provision of ALS services, the County shall pay to the
City, in monthly installments in advance, the dollar amount that would be raised by a one -tenth
mil (0.1 mil) ad valorem tax levy on property located in the City. The payment shall be derived
by using the final assessment roll as approved by the Department of Revenue, and then dividing
by twelve (12) to compute the amount of the monthly installments. If the final assessment roll
has not been approved by the Department of Revenue on the first day of October, then the
monthly payment shall be calculated by using the July 1st preliminary assessment roll as
approved by the Department of Revenue. Payments shall be adjusted retroactively to the October
payment after the Department of Revenue approves the final assessment roll.
B. The funding allocated to the City will be utilized for and limited to emergency
medical and advanced life support services and activities.
Section 5. Effective Date, Term and Termination.
A. After execution of this Agreement by all parties, the effective date of this
Agreement shall be October 1, 2011. The initial term of this Agreement shall be a period of one
(1) year, and shall thereafter automatically renew for subsequent one (1) year periods unless any
party notifies the other parties in writing by certified mail of its intent not to renew at least sixty
(60) days prior to the expiration of the then - current Agreement term. If such written notification
is given, this Agreement shall expire at the end of the then - current term.
B. Any party may terminate this Agreement at any time without cause upon sixty
(60) days notice to the other parties in writing by certified mail of its intent to terminate. If such
written notification is given, this Agreement shall expire upon the proposed date of termination.
C. Any party may terminate this Agreement with cause under the following
circumstances:
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1. If any party fails to comply with any of the terms and provisions of this
Agreement, the complying party(ies) shall notify the non - complying party
in writing by certified mail specifying the non - compliance and indicating
all necessary steps to regain compliance;
2. The non - complying party shall have five (5) days from receipt of the notice
of non - compliance to cure the non - compliance; and
3. If the non - complying party fails to cure the non - compliance within five (5)
days from receipt of the notice of non - compliance, the complying party(ies)
may immediately terminate this Agreement.
Section 6. Notices. All required notices pursuant to this Agreement shall be
provided to:
A. For City:
City Manager
685 West Montrose Street
Clermont, Florida 34711
B. For County:
County Manager
P.O. Box 7800
Tavares, Florida 32778
With a copy to:
Lake County Attorney's Office
P.O. Box 7800
Tavares, Florida 32778
C. For LEMS:
Welton G. Cadwell, Chairman
c/o Lake County Board of County Commissioners
P.O. Box 7800
Tavares, Florida 32778
With a copy to:
Executive Director
Lake Emergency Medical Services, Inc.
2671 West Old Highway 441
Mount Dora, Florida 32757
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Section 7. Modification. 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 therewith.
Section 8. Incorporation. This Agreement incorporates and includes all prior
negotiations, correspondence, conversations, agreements, or understanding applicable to the
matters contained herein and the parties agree that there are no commitments, agreements, or
understanding concerning the subject matter of this agreement that are not contained in this
document.
Section 9. Scope of Agreement. This Agreement is intended by the parties to be the
final expression of their Agreement, and it constitutes the full and entire understanding between
the parties with respect to the subject of this Agreement, notwithstanding any representations,
statements, or agreements to the contrary heretofore made. This Agreement repeals and replaces
any prior representations, statements, or agreements concerning the subject of this Agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
on the respective dates under each signature: County through its Board of County
Commissioners, signing by and through its Chairman, authorized to execute same by Board
action on the day of , 2011; Lake Emergency Medical Services, Inc.
through its Board of Directors, signing by and through its Chair, authorized to execute same by
Board action on the 13 day of Sy btY , 2011; and City through its Mayor, authorized
to execute same by City Council action on the 13 of Sp kv'.b r , 2011.
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Interlocal Agreement between Lake County, LEMS, and City of Clermont for Provision of Advanced Life Support Services
COUNTY
LAKE COUNTY, through its BOARD
ATTEST: OF CO / TY CO ISSIONERS
Neil ell , C -rk of th-. oard er Hill, 4 / airman
of County Commissio of 4/
Lake County, Florida This 'day of 3e-1 , 2011.
Appr• - • as to cm ality:
ir g
Sanford A. Minkoff
County Attorney
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Interlocal Agreement between Lake County, LEMS, and City of Clermont for Provision of Advanced Life Support Services
LEMS
LAKE EMERGENCY MEDICAL
• ST: SERVI INC.
cutive Di - Welton G. Cadwell, Chair
Lake Emer_ ncy Medical
Services, Inc. This ta 4.11 day of 5e--1:544.24.2o 11.
• . pf •• as t• form : nd legality:
/ 01
Sanford A. Minkoff
County Attorney
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Interlocal Agreement between Lake County, LEMS, and City of Clermont for Provision of Advanced Life Support Services
..re n
,I;e CITY
_ w ,----
ATT ST: , - - -, ; � , CITY OF CLERMONT, FLORIDA
,. - / ' Tracy Ackroyd, City '' erk H o d urvi e, favor
a
^.�AC...:rin.� -'� l day of Se rc (sue 2011.
y,- �• This
Approved as • : .. legality:
'
- s
ran ue .� ans, - .. -
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