Loading...
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 Page 2 of 9 2011/Lake Sumter/New Corporation/ALS Agreements w Cities /Clermont 8 -23 -11 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. Page 3 of 9 2011/Lake Sumter/New Corporation/ALS Agreements w Cities /Clermont 8 -23 -11 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: Page 4 of 9 2011/Lake Sumter/New Corporation/ALS Agreements w Cities /Clermont 8 -23 -11 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 Page 5 of 9 2011/Lake Sumter/New Corporation/ALS Agreements w Cities /Clermont 8 -23 -11 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. Page 6 of 9 2011/Lake Sumter/New Corporation/ALS Agreements w Cities /Clermont 8 -23 -11 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 Page 7 of 9 2011/Lake Sumter/New Corporation/ALS Agreements w Cities /Clermont 8 -23 -11 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 Page 8 of 9 2011/Lake Sumter/New Corporation/ALS Agreements w Cities /Clermont 8 -23 -11 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, - .. - Page 9 of 9 2011/Lake Sumter/New Corporation/ALS Agreements w Cities /Clermont 8 -23 -11 1