Agenda 09/08/2015 Item #11A9/8/2015 11.A.
EXECUTIVE SUMMARY
Recommendation to approve an Interlocal Agreement with Greater Naples Fire Rescue District to
provide fire services to the Isles of Capri Fire District and to support legislation to annex the Isles
of Capri Fire District and Collier County Fire District (District One) into the Greater Naples Fire
Rescue District.
OBJECTIVE: To provide fire services to the residents of Collier County in an efficient and cost
effective manner.
CONSIDERATIONS: In accordance with direction provided by the Board at its June 9, 2015 meeting
(Agenda Item I ID), staff has been meeting with stakeholders of the Isles of Capri Fire District (IoC)
including residents, advisory committee members, employees, collective bargaining unit representatives
as well as representatives of the Greater Naples Fire Rescue District (GNFD), including their Chief and
Board Chair, to develop an agreement for the management of the district and provision of fire services.
The agreement attached to this executive summary has been agreed upon by all stakeholders and was
approved by the GNFD Fire Commission on August 12, 2015. In summary, the agreement includes:
1. Commencement on October 1, 2015
2. Setting the millage rate at 2.0 for FYI and remitting the net ad valorem proceeds to GNFD
3. The same or better level of service as currently provided (a minimum of 2 firefighters per shift,
with a goal of providing 3 firefighters per shift)
4. GNFD providing administration and records management
5. GNFD Chief attending IoC Advisory Committee meetings
6. All current IoC personnel being hired by GNFD at their current pay, rank, benefits, and leave as
per their collective bargaining agreement (merged into Local 2396)
7. Collier County retaining ownership of vehicles, facilities and equipment until annexation
8. GNFD maintaining vehicles and facilities
9. GNFD providing or purchasing through Collier County required insurance coverage
10. GNFD cooperating with Collier County Public Utilities regarding fire hydrants
Upon approval of this agreement, staff will begin transition planning. Additionally, GNFD will begin the
process of introducing a Special Act of the Florida Legislature to annex the areas included in the Isles of
Capri MSTU and Collier Fire District MSTU. If passed, the legislation will be subject to approval by
voters of the districts in 2016 and the first tax levy would be assessed as of January 2017 for collection in
FYI 8.
Until future annexation of the Ochopee Fire District (OFD), GNFD has agreed to enter into an Interlocal
Agreement with OFD (the County) to provide fire services within District One using the current
calculation method to distribute ad valorem taxes.
The schedule and timeline below presents a high level look at the expected actions over the next four
years.
Ioc Annex & District One
2016 Legislative Session — Special Act passed
Aug Primary or Nov 2016 General Election — Voter approval
Jan 2017 Tax year begins
Oct 2017 (FYI 8) GNFD annexation of loc & District One complete
Oct 2017 Interlocal Agreement for fire service by OFD to parts of District One
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Ochopee Interlocal Agreement
Jun 2016 begin discussion re: future revenue for Station 63
Sep 2016 adopt legislative priority /support toll revenue (Station 63)
2017 Legislative Session - toll revenue allocation
Jun 2017 Begin stakeholders meeting re: management of Ochopee FD
Jun 2018 Adopt ILA for Ochopee management
Oct 2018 (FYI 9) begin GNFD operations
Ochopee Annex
2018 Legislative Session — Special Act Passed
Aug 2018 Primary or Nov 2018 General Election
Jan 2019 Tax year begins
Oct 2019 (FY20) GNFD annexation of OFD complete
Oct 2019 Interlocal Agreement for fire service in District One terminated
FISCAL IMPACT: Prior to the receipt of ad valorem property tax revenue which generally does
not post until late November, the County will pay to Greater Naples on or about October 1 st, a
sum equal to two twelve's (2/12) of 95% of ad valorem proceeds budgeted (for example; this
amount based upon the July 2015 tentative budget totals on or about $162,300). Thereafter,
monthly beginning with the December posting, the County will pay to Greater Naples the exact
amount of ad valorem proceeds posted until the net budgeted ad valorem proceeds is reached. In
August, after the last ad valorem tax receipt is posted, the County will pay to Greater Naples a
true up amount which is defined as the total amount of ad valorem proceeds posted to the
County's accounting system less the amount paid. In no instance will the amount of ad valorem
proceeds paid to Greater Naples exceed the amount of ad valorem revenue posted in the
County's accounting system. At year end, other eligible, appropriate and legally available non
ad valorem revenue posted to the accounting system will be paid to Greater Naples with the
explicit understanding that the year ending cash balance will not drop below the audited amount
as of September 30, 2015.
GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with
this Executive Summary.
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: That the Board approves the Interlocal Agreement with Greater Naples Fire
Rescue District for fire services to Isles of Capri Fire District (MSTU) and supports legislation annexing
the Isles of Capri and Collier Fire District (District One) into the Greater Naples Fire Rescue District.
Prepared by: Len Golden Price, Administrative Services
Attachments: Interlocal Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.A.
9/8/2015 11.A.
Item Summary: Recommendation to approve an Interlocal Agreement with Greater
Naples Fire Rescue District to provide fire services to the Isles of Capri Fire District and to
support legislation to annex the Isles of Capri Fire District and Collier County Fire District
(District One) into the Greater Naples Fire Rescue District.
Meeting Date: 9/8/2015
Prepared By
Name: pochopinpat
Title: Administrative Assistant, Administrative Services Department
8/19/2015 4:17:35 PM
Submitted by
Title: Department Head - Administrative Svc, Administrative Services Department
Name: PriceLen
8/19/2015 4:17:36 PM
Approved By
Name: pochopinpat
Title: Administrative Assistant, Administrative Services Department
Date: 8/19/2015 4:38:39 PM
Name: pochopinpat
Title: Administrative Assistant, Administrative Services Department
Date: 8/19/2015 4:40:05 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/20/2015 10:35:42 AM
Name: PriceLen
Title: Department Head - Administrative Svc, Administrative Services Department
Date: 8/20/2015 3:45:14 PM
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Name: KlatzkowJeff
Title: County Attorney,
Date: 8/20/2015 4:47:56 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/21/2015 8:49:49 AM
Name: IsacksonMark
9/8/2015 11.A.
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 8/24/2015 10:11:51 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 8/24/2015 12:38:27 PM
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INTERLOCAL AGREEMENT FOR FIRE AND RESCUE SERVICES
BY AND BETWEEN
COLLIER COUNTY AND GREATER NAPLES FIRE RESCUE DISTRICT
This Interlocal Agreement, made and entered into this day of , 2015, by
and between the Board of County Commissioners of Collier County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as the "County "), and the Greater Naples
Fire Rescue District, an Independent Special District created under Chapter 2014 -240, Laws of
Florida, and operated pursuant to Chapter 191, Florida Statutes (hereinafter referred to as "Greater
Naples ").
RECITALS:
WHEREAS, by Ordinance No. 78 -49, as subsequently amended, the County created the
Isles of Capri Municipal Fire Services Taxing District (hereinafter referred tows the "Isles of Capri
Fire District "), "for the purpose of providing, equipping, operating, and maintaining a rescue and
fire department within the district; to buy, lease, sell, exchange or otherwise acquire, hold and
dispose of equipment and other personal or real property and to provide an adequate water supply
for fire prevention and protection purposes; to employ and discharge employees and authorize
them to enter upon private and public property at reasonable times to inspect, combat and
investigate possible and actual fire hazards and occurrences; to promulgate rules and regulations
for the prevention and control of fire and to otherwise protect persons and property within the
district;" and
WHEREAS, the parties intend to consolidate the Isles of Capri Fire District into Greater
Naples, which would ultimately require appropriate action by the Florida Legislature and approval
at referendum of the qualified electors within the Isles of Capri Fire District; and
WHEREAS, as an interim measure, until action can be taken by the Florida Legislature,
the County would like Greater Naples to manage the Isles of Capri Fire District including its fire
station ( "Isles of Capri Fire Station") on behalf of its governing body, the Board of County
Commissioners, which Greater Naples is willing to do, pursuant to and in accordance with the
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WHEREAS, the Interlocal Cooperation Act of 1969 set forth in Chapter 163, Florida
Statutes, authorizes the joint exercise of any power, privilege or authority which the public
agencies involved might separately exercise.
WITNESSETH:
NOW, THEREFORE, in accordance with the mutual covenants contained herein, the
parties agree as follows:
1. TERM OF AGREEMENT: This Agreement shall commence on October 1, 2015, and
will continue for a period of three (3) years ending on September 30, 2018, subject to the early
termination provision provided below in numbered paragraph 14. Thereafter, this Agreement will
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be automatically renewed on an annual basis under the same terms and conditions, unless either
party desires to terminate this agreement in the manner set forth below.
2. TERMS OF PAYMENT: The County will set the annual millage rate for the Isles of Capri
Fire District at 2.0 mills for the first and second (if the agreement is renewed) year of the
agreement. If there is a third year under the agreement, the millage rate will be reduced to 1.75
mills and will, thereafter, be set at the same millage rate set by Greater Naples. The County will
pay Greater Naples in monthly installments the amount that is collected from this MSTU net of
costs required to be paid to the property appraiser, tax collector as well as any other associated
fees and costs.
Prior to the receipt of ad valorem property tax revenue which generally does not post until late
November, the County will pay to Greater Naples on or about October I st, a sum equal to two twelve's
(2/12) of 95% of ad valorem proceeds budgeted (for example; this amount based upon the July 2015
tentative budget totals on or about $162,300). Thereafter monthly beginning with the December posting,
the County will pay to Greater Naples the exact amount of ad valorem proceeds posted until the last
monthly posting (generally in June or July). In August, after the last ad valorem tax receipt is posted, the
County will pay to Greater Naples a true up amount which is defined as the total amount of ad valorem
proceeds posted to the County's accounting system less the amount paid. In no instance will the amount
of ad valorem proceeds paid to Greater Naples exceed the amount of ad valorem revenue posted in the
County's accounting system. At year end, other eligible, appropriate and legally available non ad
valorem revenue posted to the accounting system will be paid to Greater Naples with the explicit
understanding that the year ending cash balance will not drop below the audited amount as of September
30, 2015.
In the event of an approved and authorized full annexation, the audited financial reserves,
if any, shall be remitted to Greater Naples.
3. SERVICE LEVEL: Greater Naples will provide the Isles of Capri Fire District with
the current level of fire protection and rescue services that Isles of Capri Fire District provides its
residents. Greater Naples strives to meet a standard of three personnel per station. All decisions
on staffing and equipment will be made by Greater Naples. Fire protection and rescue services
provided by Greater Naples will include all emergency and non - emergency services normally
performed by Greater Naples, including all those services required by law. This Agreement does
not alter any Mutual Aid or other agreement between the parties. Service levels will include, at a
minimum, the following:
• Up to three firefighters, but a minimum of two (1 lieutenant, 1 driver /engineer, 1
firefighter) assigned to one (1) Class -A fire apparatus, 24 hours each day stationed at Isles
of Capri Fire Station, which station shall at all times remain open, operational, and fully
staffed with no "brown out" shifts
• Marine capability in accordance with a separately executed Memorandum
of Understanding
Fire prevention and investigative services
• Fire inspections and new occupancy inspections
On -duty Shift Commander available at all times
• Reserve fire engine available when necessary
• Other apparatus (brush attack, air trucks and squads) available as needed
• Preparation and coordination of emergency preparedness activities
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4. ADMINISTRATION AND RECORDS MANAGEMENT: Greater Naples will
provide all required administrative and support services, and will provide statistical and data
analysis to the County upon request. Greater Naples will be responsible for all personnel
administration, which includes at a minimum, hiring, promotions, disciplinary action up to and
including termination, planning, organizing, directing, and coordinating the work of all personnel,
and developing and implementing training programs.
5. PUBLIC RELATIONS AND OTHER SERVICES: The Greater Naples Fire Chief
will prepare the agenda for and attend Isles of Capri Advisory Committee meetings; will liaison
with outside agencies, the media and the public; will provide regular activity reports to the County
Manager; and will provide any information requested by the Board of County Commissioners.
6. PERSONNEL: All services provided under this Agreement will be under the
supervision of Greater Naples and will be performed by employees of Greater Naples. Prior to the
effective date of this agreement, Greater Naples will initiate the hiring process to ensure current
Isles of Capri employees are processed so as to begin employment with Greater Naples upon the
effective date of this agreement. Upon the effective date of the agreement, all permanent
employees of Isles of Capri will be transferred to Greater Naples in accordance with Local 2396
collective bargaining agreement as to terms of employment and accrued leave balances and with
no negative impact on their compensation, rank and/or position, longevity and seniority. Should
this agreement terminate without a consolidation with or annexation into the Greater Naples Fire
District, the County will re -hire these same employees under the same conditions:
a. Assuming those employees have been continuously employed by Great Naples
since the effective date of this agreement;
b. That there have been no adverse personnel events that would prevent rehire by the
County; and
C. Subject to any rights under existing collective bargaining agreements at the time of
rehire.
For the first year of this agreement, to assist with continuity and a smooth transition,
Greater Naples will endeavor to retain current Isles of Capri staff at the Isles of Capri Fire Station.
7. OWNERSHIP OF VEHICLES, FACILITIES AND EQUIPMENT: An inventory
and inspection of all supplies, vehicles and equipment located within the Isles of Capri Fire Station
or otherwise owned by the district will be jointly conducted prior to the effective date of this
agreement and a report of same compiled and accepted by both parties. It is expressly understood
and agreed by the Parties that the title to these supplies, vehicles and equipment will remain the
property of the County, and the Greater Naples agrees not to lease, loan, sell, sublet, assign or
mortgage any item on this Inventory Report, or the Fire Station itself, without the County's prior
written consent. In the event of an approved and authorized full annexation, the equipment,
inventory and all assets listed in the Exhibit attached hereto shall become the property of Greater
Naples. All existing supplies and equipment are to be used to perform the services included herein
and must remain accountable within the Greater Naples and Isles of Capri Fire Districts unless
being maintained or repaired. In addition:
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a) The County reserves the right to station a Collier County EMS ambulance and personnel
and equipment at the Isles of Capri Fire Station at the current budgeted rate.
b) The County shall conduct a biennial physical inspection, to commence from the effective
date of this Agreement, to ensure that vehicles, facilities, and equipment are properly maintained
in accordance with the requirements of this Agreement. The County shall provide Greater Naples
with 72 -hour notice of a planned inspection.
c) For any non - routine, single Capital expense exceeding $5,000 related to the equipment,
vehicles, and inventory items referenced in paragraphs 7 and 10, Greater Naples may request
financial assistance from the County.
8. VEHICLE MAINTENANCE: Greater Naples shall repair and maintain at its sole cost
and expense all vehicles identified in the Inventory Report in first -class condition and repair in
accordance with the vehicle manufacturer's warranty and maintenance guidelines, Florida
Administrative Code Chapter 14 -90 Safety Rules, as amended, and all NFPA required testing,
maintenance, practices and procedures. Greater Naples shall maintain a complete and accurate
record with respect to vehicle maintenance and repairs and shall forward a copy of this record to
the County Manager on request.
9. RETURN OF VEHICLE: If termination of this Agreement occurs prior to the full
consolidation of the Isles of Capri Fire District, Greater Naples shall return all vehicles identified
in the Inventory Report to the County in the same condition in which they were received by Greater
Naples, ordinary wear and tear and natural depreciation excepted. Tires shall be in good condition
with a minimum average of no less than 7/32" tread remaining.
10. EQUIPMENT AND FACILITIES MAINTENANCE: Greater Naples will maintain
all equipment, grounds and facilities (including, if applicable, the boat and boat dock) in the
condition in which it was received at the time this Agreement becomes effective less normal wear
and tear. Greater Naples will assume all cost for utilities, telephone service, cable and internet
service.
11. INSURANCE: Greater Naples shall at its own expense, carry and maintain insurance
coverage through the County or from responsible companies duly authorized to do business in the
State of Florida as follows:
a) Workers' Compensation limits shall be on a statutory basis in accordance with Florida
Statutes, Chapter 440. Workers' Compensation coverage shall be extended to include coverage
for claims under the United States Longshoreman and Harbor Workers Act. Policy must include
Employers Liability coverage with a limit of not less than $1,000,000 each accident.
b) Commercial General Liability - Bodily Injury and Property Damage - $1,000,000 per
occurrence. Personal Injury - $1,000,000 per occurrence; Products /Completed Operations Annual
Aggregate - $2,000,000; General Aggregate for all claims - $2,000,000.
c) Automobile Liability and Physical Damage - Combined Single Limit $1,000,000 per
occurrence for bodily injury and property damage. Comprehensive and Collision coverage shall
be maintained on all vehicles. Vehicles valued over $50,000 shall be insured on an agreed value.
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e) Maritime Employer's Liability/Watercraft Liability including Protection and Indemnity
and Hull Insurance - Coverage shall be purchased on watercraft. Maritime Employer's Liability
in an amount of not less than $1,000,000 per occurrence including coverage for captain and crew
members. Hull Insurance shall be purchased to cover damage to the vessel(s) on a full replacement
cost basis.
f) Property Insurance - Coverage shall be maintained on real and personal property
incorporated as part of this agreement. The property insurance obtained by Greater Naples shall,
at a minimum, insure against perils on an All Risks of Loss basis. Valuation shall be on a
replacement cost basis.
g) Flood Insurance - Flood insurance shall be maintained on real and personal property
incorporated as part of this agreement. Limits shall be purchased for the full value of said property.
In the event of loss, Greater Naples shall be responsible for the replacement of property and this
responsibility shall not be limited to the limit of insurance purchased.
h) The Collier County Board of Commissioners shall be named as the Certificate Holder.
i) The Collier County Board of Commissioners shall be named as additional insured on
the Greater Naples Commercial General Liability Policy.
j) The Collier County Board of Commissioners shall be named as a Loss Payee on the
Automobile Physical Damage and Property Insurance policies.
k) The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If Greater Naples has any self - insured retentions or deductibles under any of the
required coverage, Greater Naples must identify on the Certificate of Insurance the nature and
amount of such self - insured retentions or deductibles and provide satisfactory evidence of
financial responsibility for such obligations. All self - insured retentions or deductibles will be
Greater Naples's sole responsibility.
1) Coverage shall be maintained without interruption from the date of commencement of
the Agreement until the date of completion or as specified in this Agreement, whichever is longer.
Should at any time Greater Naples not maintain the insurance coverage required herein, the County
may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage
and charge Greater Naples for coverage purchased. If Greater Naples fails to reimburse the County
for such costs within thirty (30) days after demand, the County has the right to offset these costs
from any amount due Greater Naples under this Agreement.
m) Greater Naples and/or its insurance carrier(s) shall provide 45 days written notice to
the County of any policy cancellation or non - renewal on the part of the insurance carrier or Greater
Naples. Greater Naples shall also notify the County, in a like manner, within twenty -four (24)
hours after receipt, of any notices of expiration, cancellation, non- renewal or material change in
coverages or limits received by Greater Naples from its insurer and nothing contained herein shall
relieve Greater Naples of this requirement to provide notice. In the event of a reduction in the
aggregate limit of any policy to be provided by Greater Naples hereunder, Greater Naples shall
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immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy. If the initial or any subsequently issued Certificate of Insurance expires prior to the
completion of the Work or termination of this Agreement, Greater Naples shall furnish to the
County, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days
after to the date of their expiration. Failure of Greater Naples to provide the County with such
renewal certificate(s) shall be considered justification for the County to terminate this Agreement.
n) To the extent permitted by law and as limited by and pursuant to the provisions of
Florida Statutes, Section 768.28 Greater Naples and County agree to hold harmless the other,
employees and agents against any and all claims and/or damages by or behalf of any persons,
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 Greater Naples or the County
when it would not otherwise be responsible.
o) Greater Naples shall make available to the County, through its records or the records of
their insurer, information regarding a specific claim. Any loss run information available from
Greater Naples or their insurer will be made available to the County upon its request.
12. COOPERATION WITH PUBLIC UTILITIES. Greater Naples will fully
cooperate with Collier County's Public Utility Division for issues related to hydrant use, flow
calculations, and testing.
13. RESOLUTION OF CONFLICTS: The County Manager and the Greater Naples
Fire Chief will amicably attempt to resolve any conflicts that arise out of this Agreement. For any
item that cannot be amicably resolved, the issue will be brought to the Board of County
Commissioners for a duly noticed public hearing. Should the matter not be resolved to both party's
satisfaction, then unless the parties agree to a different form of dispute resolution, either parry may
file an action in the Circuit Court of Collier County to enforce the terms of this Agreement, said
remedy being cumulative with any and all other remedies available to the parties for the
enforcement of this Agreement.
14. TERMINATION OF AGREEMENT: This Agreement is intended to be an interim
relationship pending the successful consolidation of the Isles of Capri Fire District into Greater
Naples. Until the local legislative delegation accepts a consolidation bill to be presented to the
legislature, either party may freely terminate this Agreement on 90 day's written notice to the
other. Following receipt of such notice, the parties will cooperate with one another to ensure an
orderly transition of the Isles of Capri Fire District back to County control and management, and
Greater Naples will continue to operate the Isles of Capri Fire District under the terms of this
Agreement until a final turnover date is set by the Board of County Commissioners. Payment to
Greater Naples for this period shall be based on the monthly prorated amount that would otherwise
be due under paragraph 2 above. Should the County wish to terminate this agreement for any
reason other than failure to achieve approval of the electors after that time, the County will
reimburse Greater Naples for any outside legal expense associated with the preparation of the
consolidation bill.
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Standard Form Legal Provisions
15. In the event state or federal laws are enacted after the execution of this Agreement,
which are applicable to and preclude in whole or in part the parties' compliance with the terms of
this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to
comply with such laws, in a manner which best reflects the intent of this Agreement.
16. This is the entire agreement between the parties with respect to the matters set forth
herein, and any prior agreements or understandings of any kind are hereby merged and integrated
herein. This Agreement can only be amended by mutual written consent of the parties. All notices
and other communications required or permitted hereunder shall be in writing and shall be sent by
Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and
addressed as follows:
As to County: County Manager
Harmon Turner Building
3299 East Tamiami Trail, Suite 200
Naples, Florida 34112
With copy to: County Attorney
Harmon Turner Building
3299 East Tamiami Trail, Suite 800
Naples, FL 34112
As to Greater Naples: Greater Naples Fire Commission Chairman
Greater Naples Fire Rescue
14575 Collier Blvd.
Naples, Florida 34119
With copy to: Fire Chief
Greater Naples Fire Rescue
14575 Collier Blvd.
Naples, Florida 34119
Notice shall be deemed to have been given on the next successive business day to the date of
the courier waybill if sent by nationally recognized overnight delivery service.
17. This Agreement shall be recorded by the County in the Official Records of Collier
County, Florida, within fourteen (14) days after the County enters into this Agreement. The
County shall provide a copy of the recorded document to Greater Naples.
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.
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ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
WITNESSES:
9/8/2015 11.A.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Un
TIM NANCE
CHAIRMAN
GREATER NAPLES FIRE
RESCUE DISTRICT
t Af By:
5 �K
i gna re t.
Printed Name
Sign�twe
tt
Printed Name
Approved as to form and legality:
Jeffrey A. Klatzkow
County Attorney
JEP E, CHAR
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