Agenda 09/10/2013 Item #11B 9/10/2013 11 .B.
EXECUTIVE SUMMARY
Recommendation to approve an Interlocal Agreement with the East Naples Fire District for
operational management of the Isles of Capri Fire District.
OBJECTIVE: To provide for interim management of the Isles of Capri (IoC) Fire District until actions can
be taken to annex the Isles of Capri Fire District into the East Naples Fire District.
CONSIDERATIONS: At its May 28, 2013 regular meeting,the BCC directed the County Manager to
negotiate an Interlocal Agreement for the operational management of the Isles of Capri Fire District with
the East Naples Fire District(ENFD). Staff coordinated with ENFD and a representative of the IoC Fire
Advisory Committee in preparing the proposed agreement,which is predicated on the adoption of a
millage rate for the MSTU at 1.5 mils, equal to that of the ENFD. To allow time for full execution of the
agreement and a smooth transition that ensures no service interruption,the agreement will take effect
on January 1, 2014. County Staff and ENFD will continue working together to address any issues that
might arise.
This agreement is expected to be an interim solution as ENFD works with the County and the State
Legislature toward expanding its boundaries to encompass the IoC Fire District for full merger of the
district. At such time as a merger of these fire districts becomes possible,staff will bring to the Board
those measures necessary to determine disposition of assets, boundary changes,or other actions
required to complete the transition. Until that time,Administrative Services Division will administer,
monitor, and ensure compliance with the terms of this management agreement.
While the agreement is ready for execution,there remain some unknowns and unresolved matters,the
most noteworthy of which are:
•
Grant funded fire engine and air packs: These items were purchased by IoC with FEMA grant funds
(2005-$225,000 Fire Engine,total cost$265,000; 2007-$64,771 Breathing Apparatus,total cost
$68,180). In accordance with the grant terms,this equipment may be used by the County for another
program (such as the Ochopee FD with common delivery systems)or authorization may be requested
from FEMA to sell or transfer the equipment to ENFD for use at IoC. FEMA may have other disposition
requirements and staff is researching those requirements.
Employment potential for current staff: ENFD estimates it would need six employees to cover the IoC
Fire Station. They are currently evaluating the hiring qualifications needed (EMT or Paramedic)to
implement their planned ALS program. The IoC Fire District currently employees nine firefighters (two
hold Lieutenant rank,one Captain,five firefighter/EMTs,one firefighter/paramedic).
Hiring status: Under the terms of the Interlocal Agreement, ENFD agreed to give hiring preference to
IoC employees who meet their minimum qualifications. All employees, however,would be hired at
entry level with no rank, no seniority, and no leave balances. New ENFD hires are required to join the
State's 175 Pension Plan. Service in the Florida Retirement System (FRS) pension system does not
transfer to the 175 Plan nor does the 175 Plan recognize service years in FRS. Staff is in discussion with
FRS officials to identify any potential to transfer employees rather than re-hire in an effort to preserve
employee retirement benefits.
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Insurance Services Organization (ISO) rating: The ISO rating is determined by an outside agency after an
inspection. The rating is based on a number of factors including the number of firefighters at a station,
proximity to a fire station, locations of fire hydrants and others. The ENFD received its most recent
inspection about a year ago. IoC FD was last inspected in 2006. ISO will be notified of the change in
contact information if a management agreement occurs and the permanent change of district after
merger, but it is purely speculation as to whether this will trigger a new inspection or whether any rating
changes will result.
Final list of assets and equipment: Staff is working with ENFD to develop a full list of assets and minor
equipment and to determine which items ENFD can use in its operations. This list and determination
will be complete in advance of the merger. ENFD has inspected almost all equipment to date and find it
in acceptable condition. Minor equipment not utilized by ENFD could be utilized at Ochopee Fire where
commonality of the equipment exists.
LEGAL CONSIDERATIONS: The Agreement has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority support for approval. -JAK
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board approves,and authorizes the Chairwoman to sign,the proposed
Interlocal Agreement with East Naples Fire District, directs staff as to whether to pursue transfer of
grant funded equipment to East Naples Fire District,sets the FY 2014 millage rate for the Isles of Capri
Fire District MSTU at 1.5 mils, and authorizes staff to begin work on a transitional plan.
PREPARED BY: Len Golden Price,ASD Administrator
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.B.
Item Summary: Recommendation to approve an Interlocal Agreement with the East
Naples Fire District for operational management of the Isles of Capri Fire District. (Len Price,
Administrative Services Administrator)
Meeting Date: 9/10/2013
Prepared By
Name: pochopinpat
Title: Administrative Assistant,Facilities Management
8/29/2013 5:46:07 PM
Submitted by
Title: Administrator, Administrative Services
Name: PriceLen
8/29/2013 5:46:08 PM
Approved By
Name: pochopinpat
Title: Administrative Assistant,Facilities Management
Date: 8/30/2013 9:48:18 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 8/30/2013 10:24:19 AM
Name: PriceLen
Title: Administrator, Administrative Services
Date: 8/30/2013 10:29:10 AM
Name: PryorCheryl
Title: Management/Budget Analyst, Senior,Office of Manag
Date: 8/30/2013 12:41:31 PM
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Name: KlatzkowJeff
Title: County Attorney
Date: 8/30/2013 1:34:18 PM
Name: OchsLeo
Title: County Manager
Date: 8/30/2013 2:43:57 PM
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INTERLOCAL AGREEMENT FOR FIRE AND RESCUE SERVICES
BY AND BETWEEN
COLLIER COUNTY AND EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT
This Interlocal Agreement,made and entered into this day of , 2013, 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 East Naples
Fire Control and Rescue District, an Independent Special District created under Chapter 61-2032,
Laws of Florida, and operated pursuant to Chapter 191, Florida Statutes, and its codified charter
provided for in Chapter 2012-231, Laws of Florida(hereinafter referred to as "East 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 to as 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 East
Naples,which would ultimately require appropriate action by the Florida Legislature; and
WHEREAS, as an interim measure, until action can be taken by the Florida Legislature,
the County would like East Naples to manage the Isles of Capri Fire District on behalf of its
governing body, the Board of County Commissioners, which East Naples is willing to do,
pursuant to and in accordance with the terms of this Interlocal Agreement; and
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 January 1, 2014,
and will continue for a period of three (3) years ending on September 30, 2016. Thereafter, this
Agreement will 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.
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2. TERMS OF PAYMENT: The County will set the annual millage rate for the Isles of
Capri Fire District at the same millage rate set by East Naples. The County will pay East 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. The
monthly installments will commence on January 31, 2014, and will continue thereafter until
termination of this Agreement. East Naples will give the County sufficient notice of its annual
millage rate to allow the County to duly set the millage rate for the Isles of Capri Fire District.
Any additional revenue received by the Isles of Capri Fire District during the fiscal year will be
remitted to East Naples with the monthly payments.
3. SERVICE LEVEL: East Naples will provide the Isles of Capri Fire District with the
same level of fire protection and rescue services it provides its residents. East Naples strives to
meet a standard of three personnel per station. All decisions on staffing and equipment will be
made by the East Naples. Fire protection and rescue services provided by the East Naples will
include all emergency and non-emergency services normally performed by East 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:
• Minimum of two firefighters (1 lieutenant, 1 driver/engineer) 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 available 24 hours per day
• 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
4. ADMINISTRATION AND RECORDS MANAGEMENT: East Naples will
provide all required administrative and support services, and will provide statistical and data
analysis to the County upon request. East 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 East Naples Fire Chief will
prepare the agenda for and attend Isles of Capri Advisory Boards; 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 East Naples and will be performed by employees of East Naples. Prior to the
effective date of the contract, East Naples will determine the number of additional firefighters
needed to provide the agreed upon level of fire service. Upon making such determination,
Afook
current Isles of Capri firefighters who meet the qualifications and experience criteria of East
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Naples will be invited to apply for and considered for employment in these positions before they
are opened to general hiring. Subject to any current or future bargaining agreement, for a period
of 24 months, current Isles of Capri firefighters shall be given hiring preference when filling
vacancies.
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 East 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
financial reserves, equipment, inventory and all assets listed in the Exhibit attached hereto shall
become the property of East Naples Fire Control and Rescue. All existing supplies, vehicles and
equipment are to be used solely to perform the services included herein and must remain on the
premises of the Isles of Capri Fire Station unless being maintained or repaired. In addition:
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
East Naples with 72-hour notice of a planned inspection.
8. VEHICLE MAINTENANCE: East 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. East 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: At the termination of this Agreement East Naples shall
return all vehicles identified in the Inventory Report to the County in the same condition in
which they were received by East 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: East Naples will maintain
all equipment, grounds and facilities (including 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. East
Naples will assume all cost for utilities, telephone service, cable and internet service.
11. INSURANCE: East Naples shall at its own expense, carry and maintain insurance
coverage from responsible companies duly authorized to do business in the State of Florida as
follows:
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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.
d) Public Officials Errors and Omissions/Management Liability- $1,000,000 each claim;
Annual aggregate for all claims of$2,000,000.
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.
1) Property Insurance - Coverage shall be maintained on real and personal property
incorporated as part of this agreement. The property insurance obtained by ENFD 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, East 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 East 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 East Naples has any self-insured retentions or deductibles under any of
the required coverage, East 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 Asehak
East Naples's sole responsibility.
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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 East 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 East Naples for coverage purchased. If East 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 East Naples under this Agreement.
m) East 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 the East
Naples. East 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 East Naples from its insurer and nothing contained herein shall
relieve East Naples of this requirement to provide notice. In the event of a reduction in the
aggregate limit of any policy to be provided by East Naples hereunder, East Naples shall
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, East 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 East 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 East 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 East Naples or
the County when it would not otherwise be responsible.
o) East 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
East Naples or their insurer will be made available to the County upon its request.
12. COOPERATION WITH PUBLIC UTILITIES. East 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 East 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
party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the
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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 East
Naples. Until that occurs, 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 East 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 East Naples for this period shall be based on the monthly prorated amount that would
otherwise be due under paragraph 2 above.
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
ArNik
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 East Naples: East Naples Fire Commission Chairman
4798 Davis Blvd
Naples, FL 34104
With copy to: Fire Chief
4798 Davis Blvd
Naples, FL 34104
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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 East Naples upon request.
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.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
WITNESSES: EAST NAPLES FIRE CONTROL AND RESCUE
DISTRICT
By:
Signature BRIAN CROSS, VICE- CHAIR
Printed Name
Signature
Printed Name
Ap Fn to form and legality:
Atm 11A■
Jeffrey ' .ii, atzkow
County . 'rney
i.
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