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Agenda 06/28/2011 Item #16F 1 6/28/2011 Item 16.F.1, EXECUTIVE SUMMARY Recommendation to approve two (2) Contractual Service Agreements between Collier County and the East Naples, and Golden Gate Fire & Rescue Districts to provide fire protection and rescue services within the Collier County Fire Control District at a budgeted cost of $175,200, OBJECTIVE: Board of County Commissioner's approval of two (2) Contractual Service Agreements with the East Naples, and Golden Gate Fire & Rescue Districts for fire protection and rescue services to the Collier County Fire Control District. _.~ CONSIDERATIONS: Collier County Ordinance No. 84-84, as amended, created the Collier County Fire Control Municipal Service Taxing District (District). The purpose of the District is to provide fire protection and rescue services to the residents of the unincorporated areas of Collier County that are located outside the boundaries of existing fire control districts. The services are provided by four (4) fire control districts: East Naples, Golden Gate, Isles of Capri, and Ochopee Fire & Rescue Districts. The existing Service Agreements with the two independent fire districts, East Naples and Golden Gate, have expired. New Contractual Service Agreements are required between the County and the East Naples, and Golden Gate Fire & Rescue Districts. The Isles of Capri, and the Ochopee Fire & Rescue Districts are County dependent districts and no agreements are required. Services are funded by Ad Valorem revenue and are distributed for fiscal year 2011 as follows: Golden Gate Fire & Rescue District East Naples Fire & Rescue District $ 87,600.00 $ 87,600.00 The previous Agreements expired on September 30, 2010, with no renewals. The Agreements attached hereto begin on October 1, 2010, will expire on September 30, 2012 and be renewable for three (3) additional one (1) year periods. Under the Agreements, payments are due to the fire control districts on January 1, April 1, July 1 and September 1 of each year and staff is requesting approval of payments to both districts for January 1 and April 1 of 2011. FISCAL IMPACT: The total FY-11 cost of the Agreements is budgeted to be $175,200.00. Funds are budgeted for FY-11 in Fund 148, Collier County Fire Control. The Isles of Capri and Ochopee Fire Control Districts' portions are included in their FY- 11 budgets. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this item. /- LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for Board approval-SRT Packet Page -1429- 6/28/2011 Item 16.F.1. RECOMMENDATION: That the Board of County Commissioners approve the two (2) Service Agreements between Collier County and the East Naples and Golden Gate Fire & Rescue Districts to provide fire protection and rescue services within the Collier County Fire Control District at a budgeted cost of $175,200, authorize the Chairman to execute the agreements after review by County Attorney, and approve payments to each District pursuant to the Agreement for January 1 and April 1 , 2011. Prepared By: Christine Boni, Sr. Administrative Assistant Department of Emergency Management ....;" Packet Page -1430- 6/28/2011 Item 16.F.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.F.1. Item Summary: Recommendation to approve two (2) Contractual Service Agreements between Collier County and the East Naples, and Golden Gate Fire & Rescue Districts to provide fire protection and rescue services within the Collier County Fire Control District at a budgeted cost of $175,200. Meeting Date: 6/28/2011 Prepared By Name: BoniChristine Title: Administrative Assistant, Senior, 6/3/2011 2:46:37 PM Submitted by Title: Administrative Assistant, Senior, Name: BoniChristine 6/3/2011 2:46:39 PM Approved By Name: WoodLyn Title: Contracts Specialist, Purchasing & General Scrvices Date: 6/6/20] 1 I :06:03 PM Name: Summers Dan Title: Director - Bureau of Emergency Services, Dale: 6/10/2011 8:42:55 AM Name: Carnell Steve Title: Director - Purchasing/General Services,Purchasing Date: 6/10/2011 3:09:08 PM Name: SummersDan Title: Director - Bureau ofEmergcncy Services, Date: 6/1 0/2011 3: 19:50 PM Packet Page -1431- 6/28/2011 Item 16.F.1. Name: TeachScott Title: Deputy County Attomey,County Attorney Date: 6/14/20119:01 :59 AM Name: GreenwaldRandy Title: ManagementlBudget Analyst,Office of Management & B Date: 6/14/2011 11 :40:59 AM Name: KlatzkowJeff Title: County Attorney, Date: 6/16/2011 11:12:38AM Name: OchsLeo Title: County Manager Date: 6/18/2011 5:44:04 PM Packet Page -1432- 6/28/2011 Item 16.F.1. SERVICE AGREEMENT BETWEEN THE EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT AND THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA THIS SERVICE AGREEMENT (Agreement) made this _ day of 2011 by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (herein referred to as "COGNTY"), and the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT (hereinafter referred to as the "DISTRICT"). COUNTY and DISTRICT are collectively referred to herein as the parties. WITNESSETH: WHEREAS, pursuant to Collier County Ordinance No. 84-84, as amended, the Board of County Commissioners created the Collier County Fire Control Municipal Services Taxing Unit (hereinafter referred to as the "Collier County Fire District"); and WHEREAS, the Collier County Fire Control District, as created by Collier County Ordinance No. 84-84, as amended, includes all of the unincorporated area of Collier County, Florida, that is not included within a dependent or independent fire control dis trict; and WHEREAS, the DISTRICT has the necessary equipment and personnel, as described in fire department response procedures Exhibit" A" attached hereto and incorporated herein, to provide fire control, fire prevention and rescue services to sub- areas of the Collier County Fire Control District; and WHEREAS, certain portions of the Collier County Fire Control District described above require fire and rescue protection services; and WHEREAS, the parties desire to enter into this Agreement under the authority of the Florida Intergoverrunental Cooperation Act of 1%9, as amended, as referenced in Chapter 163.01, et. seq., Florida Statutes, for the purpose of providing fire and rescue service to those geographic areas and parts of the Collier County Fire Control District which are the subject of this agreement NOW, THEREFORE, in consideration of the premises and covenants set forth herein, and other valuable considerations in hand, received this date, each party from the other, which is hereby acknowledged, the parties hereto agree as follows: 1. The term of this Agreement shall be effective from October 1, 2010 through September 30, 2012. The County may, at its discretion and with the consent of the DISTRICT, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. This Agreement may be amended as to its terms and conditions at any time by mutual consent of both parties, through a writing executed with the same formalities as this Agreement by both parties. 1 Packet Page -1433- 6/28/2011 Item 16.F.1. 2. The DISTRICT agrees to furnish fire protection and rescue services to a portion of the Collier County Fire Control District. The fire department responses as described in Exhibit" A" shall be deemed to establish the closest station response to calls for service in the Collier County Fire Control District. The DISTRICT shall furnish said fire protection and rescue services within a primary zone of coverage within the Collier County Fire Control District, as well as in other zones of the Collier County Fire Control District, as required by procedure or upon the request of the COUNTY or other Collier county Fire control district contract providers. The Fire Olief of the DISTRICT shall, in conjunction with the Director of Collier County Bureau of Emergency Services and the other agency Fire Chiefs servicing the Collier County Fire Control District, forward to the COUNTY a map indicating and confirming each agency's primary and secondary response zone within the Collier County Fire Control District. Said services shall be provided in the same manner, level and priority as the fire protection and rescue services furnished within the regular DISTRICT, taking into consideration the time, distance and resource limitations of the DISTRICT. 3. The COUNTY agrees to pay the DISTRICT for services rendered to a portion of the Collier County Fire Control District pursuant to the requirements of paragraph 2, above, from taxes collected during each fiscal year of the Agreement. Payment shall be calculated from the latest tax assessment rolls available on July 1" of each year at an assessed rate of 2.0 mills for the duration of the Agreement. Available tax revenue is the total amount of taxes available for fire and rescue protection services after costs of collection have been deducted. Payment is to be paid on a quarterly basis on January 1, April 1, July 1, and September 1. Revenue and payment will be based on the following formula: Total ad Valorem revenue for Collier County Fire Control District, less collection fees and administrative costs. The remaining balance is to then be divided in half, with the first half being split four ways between the East Naples Fire Control and Rescue District, the Ochopee Fire Control District, the Golden Gate Fire Control and Rescue District and the Isles of Capri Municipal Rescue and Fire Services Taxing District. The second half would then be split using the following percentages: 12.01 % to the Isles of Capri Municipal Rescue and Fire Services Taxing District, with the East Naples Fire Control and Rescue District, the Ochopee Fire Control District and the Golden Gate Fire Control and Rescue District each receiving 29.33%. 2 Packet Page -1434- .----------------~----~.---- ---------- 6/28/2011 Item 16.F.1. 4. Both parties to this Agreement hereby agree to cooperate and participate in mutual programs and projects in the interest of fire and rescue protection within the County of Collier and with Fire Marshall of the State of Florida. 5. At any time during this Agreement, in the event of non-performance of the obligations arising under this Agreement by either party, the other shall provide written notice of the specific grounds of such a claim to the chief administrator of the non-performing party, The party receiving such a notice shall then have fifteen (15) days in which to respond to and remedy the claim of non-performance. In the event that the non-performance is not remedied within the fifteen (15) day period, the party claiming the non-performance shall have the right to terminate this Agreement. Either party may terminate for convenience by giving a ninety (90) day written notice. 6. All Service Agreements and amendments thereto, between the COUNTY and the DISTRICT relating to the area previously termed the Collier County Fire Control District are hereby rescinded and superseded. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above v.rritten. ATTEST: Dwight E. Brock, Clerk BOARD OF COMMISSIONERS, COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Fred W. Coyle, Chairman SeD R. Teach Deputy County Attorney 3 Packet Page -1435- 6/28/2011 Item 16.F.1. EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, an independent Special District of Collier County, Florida Witness: By: , Chairman 4 Packet Page -1436- 6/28/2011 Item 16.F.1. EXHIBIT "A" FIRE DEPARTMENT RESPONSES TYPE OF ~ITUATlON FIRST DUE PRIMARY SECOND DUE SHARED UNKNOWN SUBSTANCE EMERGENCY 1 PUMPER 1 RESCUE 1 COMMANDER 1 PUMPER 1 COMMANDER HIGH HAZARD BRUSH FIRE SEASON DIVISION OF FORESTRY 2 BRUSH UNITS OR 1 PUMPER AND 1 BRUSH UNIT 1 COMMANDER 1 COMMANDER OUT OF SEASON DIVISION OF FORESTRY 1 BRUSH UNIT OR 1 PUMPER AND 1 TANKER 1 COMMANDER NO RESPONSE VEHICLE ACCIDENT 1 RESCUE UNIT WITH WATER NO RESPONSE RESCUE CALl. 1 RESCUE UNIT NO RESPONSE SMALL VEHICLE FIRE (CAR, PICK-UP) 1 PUMPER NO RESPONSE COMMERCIAL OR LARGE RESIDENTIAL 2 PUMPERS 1 PUMPER 1 COMMANDER 1 COMMANDER Z PUMPERS 1 TANKER 1 COMMANDER 1 COMMANDER 1 BRUSH 1 TANKER 1 PUMPER 1 COMMANDER 1 COMMANDER 2 PUMPERS 2 TANKERS 1 COMMANDER 1 COMMANDER LARGE VEHICLE FIRE (TRUCK, RV, SEMI OR UNKNOWN TYPE) REGULAR HOUSE OR TRAILER FIRE (SO. OF SR 84) AS ABOVE, BUT NO, OF SR 84 UNITS MAY BE SUBSTITUTED DUE TO TIME DISTANCE AND RESOURCE LIMITATIONS OF THE , PARTICIPATING AGENCY. COMMANDER: ANY OFFICER THAT HAS AUTHORITY FOR COMMAND. Packet Page -1437- 6/28/2011 Item 16.F.1. SERVICE AGREEMENT BETIVEEN THE GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT AND THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA THIS SERVICE AGREEMENT (Agreement) made this _ day of 2011 by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COuNTY, FLORIDA (herein referred to as "COUNTY"), and the GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT (hereinafter referred to as the "DISTRICT"). COUNTY and DISTRICT are collectively referred to herein as the parties. WITNESSETH: WHEREAS, pursuant to Collier County Ordinance No. 84-84, as amended, the Board of County Commissioners created the Collier County Fire Control Municipal Services Taxing unit (hereinafter referred to as the "Collier County Fire District"); and WHEREAS, the Collier County Fire Control District, as created by Collier County Ordinance No. 84-84, as amended, includes all of the unincorporated area of Collier County, Florida, that is not included within a dependent or independent fire control district; and WHEREAS, the DISTRICT has the necessary equipment and personnel, as described in fire department response procedures Exhibit" A" attached hereto and incorporated herein, to provide fire control, fire prevention and rescue services to sub- areas of the Collier County Fire Control District; and WHEREAS, certain portions of the Collier County Fire Control District described above require fire and rescue protection services; and WHEREAS, the parties desire to enter into this Agreement under the authority of the Florida Intergovernmental Cooperation Act of 1969, as amended, as referenced in Chapter 163.01, et. seq., Florida Statutes, for the purpose of providing fire and rescue service to those geographic areas and parts of the Collier County Fire Control District which are the subject of this agreement 'JOW, THEREFORE, in consideration of the premises and covenants set forth herein, and other valuable considerations in hand, received this date, each party from the other, which is hereby acknowledged, the parties hereto agree as follows: 1. The term of this Agreement shall be effective from October 1, 2010 through September 30, 2012. The County may, at its discretion and with the consent of the DISTRICT, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. This Agreement may be amended as to its terms and conditions at any time by mutual consent of both parties, through a writing executed with the same formalities as this AgTeement by both parties. 1 Packet Page -1438- .~.._~_._-~ ---_._.--~----------_.._--_...-_..,--- 6/28/2011 Item 16.F.1. 2. The DISTRICT agrees to furnish fire protection and rescue services to a portion of the Collier County Fire Control District. The fire department responses as described in Exhibit U AU shall be deemed to establish the closest station response to calls for service in the Collier County Fire Control District. The DISTRICT shall furnish said fire protection and rescue services within a primary zone of coverage within the Collier County Fire Control District, as well as in other zones of the CoJlier County Fire Control District, as required by procedure or upon the request of the COUNTY or other CoJlier County Fire Control District contract providers. The Fire Chief of the DISTRICT shall, in conjunction with the Director of Collier County Bureau of Emergency Services and the other agency Fire Chiefs servicing the Collier County Fire Control District, forward to the COUNTY a map indicating and confirming each agency's primary and secondary response zone within the Collier County Fire Control District. Said services shall be provided in the same manner, level and priority as the fire protection and rescue services furnished within the regular DISTRICT, taking into consideration the time, distance and resource limitations of the DISTRICT. 3, The COUNTY agrees to pay the DISTRICT for services rendered to a portion of the Collier County Fire Control District pursuant to the requirements of paragraph 2, above, from taxes collected during each fiscal year of the Agreement. Payment shall be calculated from the latest tax assessment rolls available on July 1st of each year at an assessed rate of 2.0 mills for the duration of the Agreement. Available tax revenue is the total amount of taxes available for fire and rescue protection services after costs of collection have been deducted. Payment is to be paid on a quarterly basis on January 1, April 1, July 1, and September 1. Revenue and payment will be based on the following formula: Total ad Valorem revenue for Collier County Fire Control District, less collection fees and administrative costs. The remaining balance is to then be divided in half, with the first half being split four ways between the East Naples Fire Control and Rescue District, the Ochopee Fire Control District, the Golden Gate Fire Control and Rescue District and the Isles of Capri Municipal Rescue and Fire Services Taxing District. The second half would then be split using the following percentages: 12.01 % to the Isles of Capri Municipal Rescue and Fire Services Taxing District, with the East Naples Fire Control and Rescue District, the Ochopee Fire control District and the Golden Gate Fire Control and Rescue District each receiving 2933%. 2 Packet Page -1439- 6/~~/20~ 1 Item 16.F.~ 4. Both parties to this Agreement hereby agree to cooperate and participate in mutual programs and projects in the interest of fire and rescue protection within the County of Collier and with Fire Marshall of the State of Florida. 5, At any time during this Agreement, in the event of non-performance of the obligations arising under this Agreement by either party, the other shall provide written notice of the specific grounds of such a claim to the chief administrator of the non-performing party. The party receiving such a notice shall then have fifteen (15) days in which to respond to and remedy the claim of non-performance. In the event that the non-performance is not remedied \vithin the fifteen (15) day period, the party claiming the non-performance shall have the right to terminate this Agreement. Either party may terminate for convenience by giving a ninety (90) day written notice. 6. All Service Agreements and amendments thereto, between the COUNTY and the DISTRICT relating to the area previously termed the Collier County Fire Control District are hereby rescinded and superseded. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. A TrEST: Dwight E. Brock, Clerk BOARD OF COMMISSIONERS, COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Fred W. Coyle, Chairman A F7~ Legal Sufficiency: --.. Scott R. Teach Deputy County Attorney 1 Packet Page -1440- Witness: 6/28/2011 Item 16.F.1. GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT, an independent Special District of Collier County, Florida By: , Chairman 4 Packet Page -1441- 6/28/2011 Item 16.F.1. EXHIBIT "An FIRE DEPARTMENT RESPo.NSES TYPE OF ~ITUATlo.N FIRST DUE PRIMARY SECo.ND DUE SHARED UNKNo.WN SUBSTANCE EMERGENCY 1 PUMPER 1 RESCUE 1 Co.MMANDER 1 PUMPER 1 Co.MMANDER HIGH HAZARD BRUSH FIRE SEASo.N DIVISION OF FORESTRY 2 BRUSH UNITS OR 1 PUMPER AND 1 BRUSH UNIT 1 Co.MMANDER 1 COMMANDER OUT o.F SEASON DIVISION o.F Fo.RESTRY 1 BRUSH UNIT OR 1 PUMPER AND 1 TANKER 1 Co.MMANDER NO. RESPo.NSE VEHICLE ACCIDENT 1 RESCUE UNIT WITH WATER NO. RESPo.NSE RESCUE CALL 1 RESCUE UNIT NO. RESPo.NSE SMALL VEHICLE FIRE (CAR, PICK-UP) 1 PUMPER NO. RESPo.NSE LARGE VEHICLE FIRE (TRUCK, RV, SEMI o.R UNKNo.WN TYPE) 2 PUMPERS 1 Co.MMANDER 1 PUMPER 1 Co.MMANDER REGULAR HOUSE OR TRAILER FIRE (So., o.F SR 64) 2 PUMPERS 1 Co.MMANDER 1 TANKER 1 Co.MMANDER AS ABo.VE, BUT NO.. OF SR 64 1 BRUSH 1 PUMPER 1 co.MMANDER 1 TANKER 1 Co.MMANDER Co.MMERCIAL o.R LARGE RESIDENTIAL 2 PUMPERS 1 Co.MMANDER 2 TANKERS 1 COMMANDER UNITS MAY BE SUBSTITUTED DUE TO. TIME, DISTANCE AND RESOURCE L1MITATlo.NS OF THE PARTlCIPATlNGAGENCY. Co.MMANDER: ANY o.FFICER THAT HAS AUTHORITY FOR COMMAND. Packet Page -1442-