Agenda 01/25/2011 Item #16D8
Agenda Changes
Board of County Commissioners Meeting
January 25, 2011
A~d Item 9H: Economic Health and Viability of Collier County. (Commissioner Coletta's request)
Add Item 91: Motion that the County stop all further action with respect to Jackson Labs. (Commissioner
Hiller's request)
Move Item 16C4 to lOP: Recommendation to award Contract #11-5625 to Vaccaro Consulting, Inc. for
consulting services and planning assistance. (Commissioner Henning's request)
MOVE ITEM t6D8 TO tON: RECOMMENDATION
TO APPROVE RENEWAL OF THE INTERLOCAL
MUTUAL AID AGREEMENT BETWEEN THE
INDEPENDENT, MUNICIPAL AND DEPENDENT
FIRE DISTRICTS. (COMMISSIONER HILLER'S
REQUEST)
Move Item #16F2 to #100: Recommendation to approve the annual 5% increase in Consultant Fees for the
Medical Director of EMS as described in the Emergency Medical Services Medical Consultant Contract for a
total of $110,775 for FY11. (Commissioner Hiller's request)
Continue Item 16K6: Recommendation to approve a schedule for submission of non-routine documents by staff
to the County Attorney for legal review prior to submittal for Board action (County Attorney's request)
Withdraw Item #16K7: Recommendation to approve the release of order recorded in Code Enforcement action
entitled Board of County Commissioners vs. Dale and Keri Ann Ochs, CEB Case No. CEVB20090000974, relating
to property located in Big Cypress National Preserve, Collier County, FL. (Staff's request)
Note:
A conversion error occurred at time of printing on Item 9D, Packet Page 244 and Item 13A1, Packet Page 506.
The missing information is as follows:
Item 9D:
Mr. Herminio Ortega
District 5
Cateeorv: REGULAR - Construction Industrv
Mr. Kenneth Kellv 435-0014
4260 16th Street. N.E. 354-2021
NavIes FL 34120
E-Mail: ken(tUkellvroofine.com
District: 5
Cateeorv: REGULAR - Roofine Contractor
02/14/06
01112/10
02/14/07
02/14/13
1 Year
3 Years
Item 13A1: Hopefully, when homes are built they will address the needfor middle income homes in this area, as it
is now predominantlv low and verv low income.- Commissioner Fiala.
Item 10J - The Recommendation portion of the executive summary reads: Recommendation to endorse the
recommendation of the Coastal Advisory Committee on how to proceed with the permitting and Installation
of the proposed Clam Bay navigational markers based on recent regulatory findings and Agency
Requirements.
Recommendation to change as follows:
Recommendation to endorse the recommendations of the Coastal Advisory Committee (CAe) from
1/13/2011 not to move forward with the permit application or installation of navigational markers in
Clam Bay. Additionally, the CAC recommends that the County, Pelican Bay and the Seagate
community jointly meet and resolve the markings of Clam Bay to facilitate safety, channel location,
maintenance and overall community acceptance. After resolution of the marking plan; a
recommendation by the CAC; and approval by the BCC; the County would petition the USACE to
close out the permit.
Item 16D6 - The Recommendation portion of the executive summary reads: Recommendation to approve award of
Bid No.11-5637 for Naples Berm restoration to Eastman Aggregate Enterprises, LLC for $946,167.20 and authorize
Chairman to execute a standard contract after County Attorney review and approval.
Recommendation to chan2e as follows:
Recommendation to approve award of Bid No. 11-5637 for the Naples Berm restoration for a total unit
price not to exceed the sum of $882,264. This will include a not to exceed unit price of $564,864 to Eastman
Aggregate Enterprises, LLC for sand transport and placement and a not to exceed, unit price of $317,400
to Stewart Mining for sand supply. Also recommended is authorization for the Chairman to execute the
standard contract after County Attorney review & approval. This reflects the County's intent to direct
purchase the sand from the sand supplier saving the contractors markup and sales tax. All other items
remain the same.
Item lOG is quasi-judicial and ex parte disclosure is required, all participants will be required to be sworn in.
Item 16A8 is not an ex parte item as originally stated in the agenda.
Time Certain Items:
Item lOG to be heard at 10:00 a.m.
Item 10K to be heard at 11:00 a.m.
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1/2S/2011Itern 16.D.8.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve the
renewal of the Interlocal Mutual Aid Agreement between the Independent,
MunicipalJ and Dependent Fire Districts.
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OBJECTIVE: To obtain the Board of County Commissioners approval to renew
the Interlocal Mutual Aid Agreement between the Independent, Municipal, and
Dependent Fire Districts
CONSIDERATIONS: The Independent, Municipal and Dependent Fire Districts
have had an Interlocal Mutual Aid Agreement for many years and the current
agreement is up for renewal. This agreement allows the flexibility of all the
agencies to put into play interdepartmental automatic aid responses in an effort
to increase coverage and protection for Collier County. The renewal of this
agreement Is crucial for continued interagency services as described in this
instrument as a support system for each and every District.
FISCAL IMPACT: There is no Fiscal impact associated with this Executive
Summary.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact
associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and
requires a majority vote for approval. -JW .
RECOMMENDATION: That the Board of County commissioners approve and
authorize the Chairman to sign the renewal of the Interlocal Mutual Aid
Agreement.
Prepared by: Alan McLaughlin, Fire Chief
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1/2S/2011Itern 16.D.8.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.0.8.
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renewal ofthe Interloc'al Mutual Aid Agreement between the Independent. Municipal and
Dependent Fire Districts
Meeting Date: 1/25/2011
Prepared By
~arne: SvnsherLll1da
Title: Administrative Secretary,Ochopee Fire Control Dist
1/11/2011 4:00:20 PM
Submitted by
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Title: Fire Chief,Ochopee Fire Control District
~arne: McLaughlinAlan
1/11/20114:00:21 PM
Approved By
~arne: SummersDan
Title: Director - Bureau of Emergency Services,
Date: 1/13/201111:44:51 AM
~arne: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 1/13/2011 12:04:08 PM
~arne: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 1/!=4/2~l))Q:~6..:?~~ . ~:-",,~_~u~:-~'-~~_:-~-._~,,;~~'::~~.E"-.:-:~'~s.~.:,.~":.~'~'_;,,_,:.: __....=-:_
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~arne: KlatzkowJeff
Title: County Attorney,
Date: 1/14/20111:27:11 PM
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1/2S/2011Itern 16.0.8.
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 1/15/201111:55:43 AM
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1/2S/2011 Item 16.D.8.
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COLLIER COUNTY FIRE CHIEFS
LOCAL MUTUAL AID AGREEMENT
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' .. =c~-,;, ~. : ~~---., c~z010, ll)-' and 'oelweeIITOLLlHR COt:J'NTY, a 'politicar subdivision of the State of
Florida, Represen.ting tbe Dependent Districts of OCHOPEE FIRE CONTROL DISTRICT, and
ISLES OF CAPRI FIRE RESCUE DISTRICT) The lndependellt districts of BIG CORKSCREW
ISLAND FIRE CONTROL AND RESCUE DISTRrCl~ BAST NAPLES FIRE CONTROL
AND RESCUE DISTRICT. GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT,
lMMOKAL~E FIRE CONTROL AND RESCUE DISTRICT, AND THE NORTH NAPL~S
FIRE CONTROL AND RESCUE DISTRICT, and the Municipalities of (h~ CITY OF MARCO
ISLANDt and CITY OF NAPLES hereinafter referred to as CfParly" or ((Agency" individmdJy,
and collectively as "Parties" or "Agencies/' acting pursuant to Seclion 252.40(1), Floridll
Statllles, for the purpose of securing to each the benefits of mutual aid protection of life and
property from tire and other emergencies) aud to provide Jocal governmental entities a c-ost
etTective way to control and mitigate local emergencies that exceed their ability to handle
efficiently. Tins Agreement is not for catastrophic events, nor is it to be used (0 supplement a
Partis inadequate provision or planning of necessary infrastructure to ac1e-quately serve its
residents. In the event of f\ cfltnstrophic event, the Statewide MllluaJ Aid Agreement may he
invoked, which would supersede this agreement.
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WITNESSETH:
WHEREAS, cacll of the Parties maintains e-quipmel1t and personnel for the suppression
of fires and other emergencies within its ownjurisdictioll and areas; and
WHEREAS, the Palties represent ten (10) fire suppression enlHies) or Agencies, ill
Collier COUllty, consisting of one county fire dep8limcnt; two dependent fire districts of Collier
County; two municipal fire departmelltsJ and five independent special fire control and rescue
districts; and
WHEREAS, no single Agenc)' can command sufficient staffmg and resources to handle
all pgtentialemel'genciesrat:ld":'::"~-.----' _.. __ _.' __ ~ "_ - __-_~_~ ~ --=-._ _~ __~ __,
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WHEREAS) in extraordinary circumstances, an Agency may not have sufficient
manpower aud reSOurces to handle all possible emergencies; and
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1/2S/2011 Item 16.0.8. I
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WHEREAS, the Parties are so located in relation to one n110ther that it is to their
advantage to receive and extend cooperation and assistance in case of emergencies too expensive
to be dealt with unassisted; and
'WHEREAS, the Parties desh'e to increase the protection available in their respective
jurisdictions in the event of emergencies~eyolld tl1eira.~iJity- to controli and. .
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and
WHEREAS, it is deemed mutually sound, desirable, practicable and beneficial for the
Parties to render assistance to one another 111 accordance with these terms.
NOW, THEREFORE, jn c{}llsideration of the mutual covenants expressed herein, and
for other good and valuable consideration, receipt of which Is hereby acknowledged, the Parties
agree as follows:
GENERAL PROVISIONS:
1. AU services perfonned under this Agreement shall be rendered without
reimbursement of either Party or Pm1ies and as provided for herein.
2. Any Party receiving a request for assistance sball respond to the request only to
the extent that the available personnel and equipment are not required for adequate protection in
the responding Agencyts jurisdiction. The Fire Chief of the respo!1ding Agency, Oi' their
designee) shall have the sole authority to detennine the amount of personnel and equipment, if
any, available for assistance. Nothing in this Agreement 811811 require auy Agenc)' to provide
personnel or equipment to another Agency.
3. Each Party is authorized and directed to meet rllld draft any detailed plans and
procedures of operations necessary to effectively implement this Agreement. Such plans and
procedures of operations shall become eflectivc upon ratification by the Patties.
4. Agencies responding uuder this Agreement shnH work under a recognized
Incident Management System.
OPERATIONAL ASSISTANCE:
Operational Assistance shall mean assistance which is provide-d for fire suppression
activities, .r~SC~le OP~l'!ltiQnS) ,eIDerge~~)~Jll~digJlt in~d~ntLo.r~Qtber~~mergenc!esJ'-\Vh!cl1..exc~ed-~,_~':..
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the capabilities OfD..ll'Agellcy'withjilrlsdictiontomitigateeffectively:' ...-
1. Whenever it is deemed advisable by the senior fire officer of an Agency or by the
senior officer of any such agency acnlally present at an emergency to request assistance \mder
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the terms of this Agreement, they are authorized to do so. The Fire Chief, 01' his or her designee,
at an Agency receiving the request shall forth'\\1th take the foHowing action:
a. Immediately detennine if apparatus, persolmel or other requested
resources are available and notify the requesting Agency of whether it is able to respond to the
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available to respond, so that the utilization of apparatus, personnel and other resources can be
performed 8af(~ly and efficiently;
c. Notify the requesting Agellc~' of the amount of apparatus and persOlUle)
being deployed to th.e emergency in order for the requesting Agency to make addilional requests
of other Agencies, if and as necessary.
2. A request for assistnllce shall specify the t)'Pe and amount of resources needed.
Requests may include, but are not limited to, manpower, engine compmrles, ladder companies,
tanker companies, special services/equlpmel1t resources (e.g., portable cascade s)'stem, Il)'drauIic ,
tools) bmsh vehicles, rescue vehicle, etc.). A request for assistance shall also specify the locaiion .
(0 which the resources mentioned above are to respond and to whom they are to report.
3. Personnel responding to n request for assistance shall be under the direction and
control of (he Incident Conmlander of the requesting Agency. Should the need arise, the
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1/2S/2011 Item 16.0.8.
responding Agency may request at au)' time the recall of apparafus, persOlmcl, equipment and
other resources, nol actively involved at ffil emergency incident.
4.- The Incident Commander will make every effOII to release m~tllal aid apparatus,
personuel, equipment and olher resourc-es, and return said apparatus, personnel, equipmenl and
other resources to their respective Agencies as soon as conditions pel1llit.
5. Parties to this Agreement shall not respond outside of their area of responsibility
(AOR) into another agencis AOR, unless requested by that Agency's duly appointed or elected
official, or as this Agreement 01' additional Agreements may pennit. If nn Agenc}' is
unknowingly dispatched into another lIgency's AOR, the responding Agene)', upon realizing
they are entering (01' already in) allother Agenc)rl~ AOR. shall. as soon as possible, notify the
dispatching Agency of the dispatching error and advise tIle dispatching Agency to notify the
appropriate Agency. An Agene)' responding as described above, shall follow their Agency's
. prot~cot ~or th~ situation, keeping i~l m!~~~,~l~ b~~~ iE..t~~~J ot l~e__~~fety RI1d property
- ~ : ~--..:'"""'. - - ~ _0_;: :-: """'-'~~-- -~.-'--:i.:--=- __:._:; ~._ _ _ _ ___. _ _ . _ _
conservation. : -. , -. __.
6. A request for assistance made pursuant to this Agreement shall specify the type
and AlUounl of resources needed. Requests may include, but are not limited to. staffing, engine
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1/2S/2011 Item 16.D.8.
comllanies, ladder companies, tanker companies, sl>ecial services/equipment resources (i.e.
portable cascade system, hydraulic tools, brush vehicle, rescue vehicle, etc.). A request for
assistance made pursuant to this Agreement sball also specify the location to which the resources
mentioned above are to respo!td and to whom they are to report.
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Subject to budgetal}' constraints, eacll responding Party to this Agreement shaH be
equipped with and 800 MHZ radio, compatible with Collier Comity's 800 MHZ radio s)'stem,
which shall be the primary source of communications between the responding and requesting
Agencies.
Each Party operating under this Agreement shall be responsible for maintaining records
of aU incidents involving their participation.
POWER, PRIVILEGES AND Il\fMUNITIES:
Whenever, pursuant to the terms of this Agreement. n l'esponding Agenc)' is performing
services in a requesting Agency's jurisdiction. the responding Agency shall have the smue
powers, duties, rights, privileges and immunities as if they were performing those services in the
jUlisdiction in which they are normnUy employed. and as provided by npplicable law,
TI ' 'I d . ., fr I' h.t. .' L 1 .. .
le pnVl eges an nnmmu!tcs om ,18."1,1(,, excmpLlOliS nom Jaws~ oramances and
I'l1Ies, and other pension, insurance. relief, disability, worker's compensation, salnl)', death, and
other benefits that apply to the activity of such resJlonding Agency, as when performing their
duties within their Agency's jurlsdictiOll, shall apply to them to the some degree, manner and
extent while engaged in the perfol1nance of services extraten'iloriaU)' under the provisions of this
Agreement, find as pro\'ided by applicable law,
LEGAL BT ATUS OF PERSONNEL AND EQUIPMENTz
Notlling ill this Agreement shall be deemed to create all employment or agenc)'
relationship between personnel perfolllling services extraterritorially pursuant to this Agreement
and the municipal or other jurisdiction in which Ulose services are actually performed. Similarly,
nothing ill this Agreement shall be deemed to transfer an)' legal 01' equitable title to any
npp'ar!1hls,-,eg!l!J?l~entQL()tl!~U~_SOlll~~ult~IJ~ed~pursuallL~.tl)is-Agreementr"-:c~;c~:} . :\: ->-:-: 0,' L .~ .'-_='-_~:'" .~__ ,_ .. _
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1/2S/2011 Item 16.0.8.
LOSS OR DAMAGE TO EQUIPMENT:
Each Part)' to this Agreement waives all claims against the other party or parties for
. C<lIllpensatiDn for any loss or damage Deeun'lng as ,a consequence of the performance of this
Agreement. An Agency. providing assistance under this Agreemell1 shall bear the cost of any
loss or damage to that Agency's property ~r eg~ipment!l~_a re~ullQf flJ~ use_.of~ll~h.p-rope.rtyol'.,' . ". _ ;.:':';~:;7.~ #"
, .~~~~~~tnPfue~lt~j;i:Pr~~~dlng~~~;i;~l~e'~~:de~;i;~A~~e~;n~;;'P.~~ld~d~~ai~h~~~~crif~i~~ ciff~'~::=i t~~~~~
damage does not result from gross negligence on behalf of the requesting Agency.
STAFFING COSTS:
An Agency furnishing assistance pursuant to this Agreement shall compensate its
responding members during the time of the rendering of suoh assistance, and shall defray the
actual traver and maintenance expenses of sl1ch Agenoy1s members while they are providing
such assistance. The Agency fhmishing assistance sunil also pay any amounts due for
compensation CIS n result of the personal injury 01' death of any Agency)s responding member
while rendering assistance.
LIABILITY AND INDEMNIFICATION:
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provided b)' applicable law and the teniiS of ihis Agreement.
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While operating under the terms of this Agreement) each 'Party shall bear liability as
Each Party shaH be liable [or ils OWJl actions and ne~ligel1ce imd, 10 the extent permitted
by law; each Party shall indemnify: defend and hold harmless the other Parties against auy
actions) claims OJ' damages arising out of negligence in cOllnection witll this Agreement. The
foregoing. indemnification shall not constitute a waiver of sovereign immunity be~'onc1 the limits
set iorth in Section 768.281 Fla. Stat,. nOI" shan the same be conslmed to constitute agreement by
any Party to indemnify another Party for such other Party's negligent. willful or intentional nets
or omissions,
INSURANCE:
Each Party shall provide and Cfil'rY liability insllrance, worker)s compensatiOlls inSlU'ance
and other insurance necessary to insm:e that each Party is be protected and indemnified from any
and _ an liabilities, ~vhich !!1itl._ r~s~llt .:.fi'Ol:l1 JlctlviUes underta!.<el),- P!lrSUlU11-- to th!s Agreement. _
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Insurance may be proCliredcithel' prh/a'teli or pursuant to an approved self-insurance dsk
financing program,
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EFFECT UPON STATUTORY POWERS~
This Agreement neither expands) nor diminishes, the powers granted to the Parties by
Florida state statutes (including, but 110t limited to, the Florida Mutual Aid Act) and by the
common law,
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This Agreement shall be eftective from the dale that the last Party executes this
Agreement and shall continue in full force and effect for four (4) years. Prior to the expiration of
this term, the Agreement shall be reviewed and then renegotiated and amended, if necessary.
Absent nmendment to the Agreement, the terms of this Agreement shall be automatically
renewed in four (4) )'ear periods. A cancellation by any Party to TIus Agreement prior to the
Initial fOllr (4) year lenn or any subsequent four (4) ~rear term shall be effective only with respect
to that Party.
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CANCELLATION:
All)' Palty to this Agreement may withdraw or cancel sllch Parlyts participation, without
liability to any other Party, by providing ninety (90) days pdor written notice of such withdrawal
or cancellation to all other Parties. The withdrawal from, or cancellation of, this Agreement shaH
be effeotive only regarding that Pert)', t',Ud this Agreement shaH remain in full force and effect
regarding the remaining Parties that bave not provided \\'litten notice of withdrawal or
cancellation.
SEVERABILITY,
In the event that any pat.t or provision of this Agreement'is deemed unenforceable, tor
any reason, the unenfol'ceability thereof shallllof a.m~ct the remainder of this Agreement, which
shall remain in full force and effect.
AGREED TO AND ENTERED into this _ day ~f , 2009, OIl behalf
of the City, County and Independent Fire Districts, by the undersigned, pursuant to the authority
of the Cit)r adminish'ator(s), County Commissioners, and Independent Fire Commission Boards
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IN WITNESS WHEREOF, the,parties hereto have eXeCllted this Agreement on the day
and year first above written or at such other dates and places as additional parties shall sign tlus
Agreement and thereby become parties hereto.
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1/2S/2011 Item 16.0.8.,
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PAR~Il1~~ Date: /1~q-;)61()
Chairman, Dig COl'kscl'ew Island Fire Control and Rescue District
Date /1:/tJ/,'D
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ATTEST: BOARD OF COUNTY COMMISSIONERS
D\VIGHT B. BROCK, CLERl{ OF COLLIER COUNTY, FLORIDA
By~_
E'RED W. COYLE ,'CHAIRMAN
Approval as to fOln1 and legal
Suffioiel1CY:
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Approvtd u to fom and regality .
Jly ~q--<D ~~- . '
Robert D. Pritt, CIty Attorney
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