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Backup Documents 06/28/2011 Item #16F11b[ MEMORANDUM Date: July 14, 2011 To: Lyn Wood, Contract Specialist Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes and Records Department Re: Service Agreement with the East Naples Fire Control and Rescue District Attached is one (1) recorded copy, referenced above (Item #16FI) approved by the Board of County Commissioners on June 28, 2011. The original has been kept by the Minutes and Records Department to be kept as part of the Boards Official Records. If you should have any questions please contact me at 252 -8411. Thank you. 16F1 MEMORANDUM Date: July 14, 2011 To: Christine Boni, Administrative Assistant Bureau of Emergency Services From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Service Agreement with the East Naples Fire Control and Rescue District Attached is one (1) recorded copy of the document referenced above, (Item #16F1) approved by the Board of County Commissioners June 28, 2011. The Original Agreement is being held in the Minutes and Records Department as part of the Board's Official Records. If you have any questions, please feel free to call me at 252 -8411. Thank you. INSTR 4582927 OR 4699 PG 91 RECORDED 7/612011 3:56 PM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $35 50 SERVICE AGREEMENT BETWEEN THE EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT AND THE I BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA THIS SERVICE AGREEMENT (Agreement) made this' day of jtkn __ 2011 by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (herein referred to as "COUNTY "), 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 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 Countv 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 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. I 2. The DISTRICT agrees to furnish fire protection and rescue services (" 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 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 29.33%. 2 16F1 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 Countv 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 written. LWitness: k A 9a M EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, an independent Special Distric ' r County, Florida By airman BOARD OF COMMISSIONERS, COLLIER COUNTY, FLORIDA Bv: Fred W. Coyle, Chairman ')ttfi3 @p�tytl lkiia f roan t Appr ed as to 7d Legal Sufficiency S('OTT R. TEACH 3 DEPUTY COUNTY ATTORNEY TYPE OF SITUATION _ EXHIBIT "A" FIRE DEPARTMENT RESPONSES FIRST DUE PRIMARY SECOND DUE SHARED UNKNOWN SUBSTANCE 1 PUMPER 1 PUMPER EMERGENCY 1RESCUE 1COMMANDER 1COMMANDER HIGH HAZARD DIVISION OF FORESTRY 1 COMMANDER BRUSH FIRE SEASON 2 BRUSH UNITS OR 1 PUMPER 4 PUMPER AND 1 (CAR, PICK -UP) BRUSH UNIT 1COMMANDER OUT OF SEASON DIVISION OF FORESTRY NO RESPONSE (TRUCK, RV, SEMI OR 1 BRUSH UNIT OR 1 PUMPER AND ITANKER 1 COMMANDER VEHICLE ACCIDENT 1 RESCUE UNIT NO RESPONSE 1 TANKER 1 COMMANDER WITH WATER RESCUE CALL 1 RESCUE UNIT NO RESPONSE SMALL VEHICLE FIRE 1 PUMPER NO RESPONSE (CAR, PICK -UP) LARGE VEHICLE FIRE 2 PUMPERS 1 PUMPER 1 COMMANDER (TRUCK, RV, SEMI OR 1 COMMANDER UNKNOWN TYPE) REGULAR HOUSE OR 2 PUMPERS 1 TANKER 1 COMMANDER TRAILER FIRE 1 COMMANDER (SO. OF SR 84) AS ABOVE, BUT 1 BRUSH 1 TANKER 1 COMMANDER NO. OF SR 84 1 PUMPER 1COMMANDER COMMERCIAL OR 2 PUMPERS 2 TANKERS LARGE RESIDENTIAL 1 COMMANDER 1 COMMANDER UNITS MAY BE SUBSTITUTED DUE TO TIME, DISTANCE AND RESOURCE LIMITATIONS OF THE PARTICIPATING AGENCY. COMMANDER: ANY OFFICER THAT HAS AUTHORITY FOR COMMAND. 16F1 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 �Zt"'day of 2011 by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (herein referred to as "COUNTY "), 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 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 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 16F 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 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 29.33%. 2 16F 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 written. EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, an independent Special District of Co Cou Y, Florida B _rman BOARD OF COMMISSIONERS, COLLIER COUNTY, FLORIDA W By: i Fred W. Coyle, Chairman ATT T; Dwight E.'Brock, Clerk V. 1* ytlp trim I 1 i ynat v'r 1. Ap r6ied WtoF Legal d Sufficiency SCOTT R. TEACH, DEPUTY COUNTY ATTORNEY 3 16F 1 TYPE OF SITUATION ._ EXHIBIT "A" FIRE DEPARTMENT RESPONSES FIRST DUE PRIMARY SECOND DUE SHARED UNKNOWN SUBSTANCE 1 PUMPER 1 PUMPER EMERGENCY 1RESCUE ICOMMANDER 1COMMANDER HIGH HAZARD DIVISION OF FORESTRY BRUSH FIRE SEASON 2 BRUSH UNITS OR 1 COMMANDER 1 PUMPER AND 1 BRUSH UNIT 1COMMANDER OUT OF SEASON DIVISION OF FORESTRY NO RESPONSE 1 BRUSH UNIT OR 1 PUMPER AND 1 TANKER - 1COMMANDER VEHICLE ACCIDENT 1 RESCUE UNIT NO RESPONSE WITH WATER ocCrf IC rAl 1 i RESCUE UNIT NO RESPONSE SMALL VEHICLE FIRE 1 PUMPER NO RESPONSE (CAR, PICK -UP) LARGE VEHICLE FIRE 2 PUMPERS 1 PUMPER (TRUCK, RV, SEMI OR 1 COMMANDER 1 COMMANDER REGULAR HOUSE OR TRAILER FIRE ISO. OF SR 84) AS ABOVE, BUT NO. OF SR 84 . 2 PUMPERS 1COMMANDER 1 BRUSH 1 PUMPER 4 rnmmANDER 1TANKER 1COMMANDER 1 TANKER 1COMMANDER COMMERCIAL OR 2 PUMPERS 2 TANKERS LARGE RESIDENTIAL 1 COMMANDER 1 COMMANDER UNITS MAY BE SUBSTITUTED DUE TO TIME, DISTANCE AND RESOURCE LIMITATIONS OF THE PARTICIPATING AGENCY. COMMANDER: ANY OFFICER THAT HAS AUTHORITY FOR COMMAND. MEMORANDUM 16F1 Date: July 14, 2011 To: Lyn Wood, Contract Specialist Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes and Records Department Re: Service Agreement with the Golden Gate Fire Control and Rescue District Attached is one (1) recorded copy, referenced above (Item #16F1) approved by the Board of County Commissioners on June 28, 2011. The original has been kept by the Minutes and Records Department to be kept as part of the Boards Official Records. If you should have any questions please contact me at 252 -8411. Thank you. 16F1 MEMORANDUM Date: July 14, 2011 To: Christine Boni, Administrative Assistant Bureau of Emergency Services From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Service Agreement with the Golden Gate Fire Control and Rescue District Attached is one (1) recorded copy of the document referenced above, (Item #16F1) approved by the Board of County Commissioners June 28, 2011. The Original Agreement is being held in the Minutes and Records Department as part of the Board's Official Records. If you have any questions, please feel free to call me at 252 -8411. Thank you. INSTR 4582928 OR 4699 PG 95 RECORDED 7/6/2011 3.56 PM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $35.50 SERVICE AGREEMENT BETWEEN THE GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT AND THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA l 6 F i THIS SERVICE AGREEMENT (Agreement) made this _2V'6ay of J,xrw _ 1 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 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. 3 16F1 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 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 29.33%. 16F1 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 written. GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT, arXlinende}�t Special DisVicj of go e C uln lorid Witness �Yd1 } an i c <�i �\ By: BOARD OF COMMISSIONERS, COLLIER COUNTY, FLORIDA By: w. Z Fred W. Coyle, Chairman AT ST: k„wight E. Brock, Clerk � Qk �- . ,ttL1�. Appro Aas 'F 0r anal Legal Sufficiency: SCOTT R. TEACH, DEPUTY COUNTY 3 ATTORNEY 16F1 EXHIBIT "A" FIRE DEPARTMENT RESPONSES TYPE OF SITUATION FIRST DUE SECOND DUE SHARED (TRUCK, RV, SEMI OR PRIMARY UNKNOWN SUBSTANCE 1 PUMPER 1 PUMPER 1COMMANDER EMERGENCY iRESCUE 1 TANKER 1 COMMANDER TRAILER FIRE 1COMMANDER HIGH HAZARD DIVISION OF FORESTRY 1 COMMANDER BRUSH FIRE SEASON 2 BRUSH UNITS OR J PUMPER AND 1 BRUSH UNIT 1COMMANDER OUT OF SEASON DIVISION OF FORESTRY NO RESPONSE 1 BRUSH UNIT OR 1 PUMPER AND 1 TANKER ICOMMANDER VEHICLE ACCIDENT 1 RESCUE UNIT NO RESPONSE WITH WATER RESCUE CALL 'I RESCUE UNIT NO RESPONSE SMALL VEHICLE FIRE 1 PUMPER NO RESPONSE (CAR, PICK -UP) LARGE VEHICLE FIRE 2 PUMPERS 1 PUMPER 1COMMANDER (TRUCK, RV, SEMI OR ICOMMANDER UNKNOWN TYPE) 1COMMANDER REGULAR HOUSE OR 2 PUMPERS 1 TANKER 1 COMMANDER TRAILER FIRE 1 COMMANDER (SC. OF SR 64) AS ABOVE, BUT 1 BRUSH 1 TANKER 1 COMMANDER NO, OF SR 84 1PUMPER 1COMMANDER COMMERCIAL OR 2 PUMPERS 2 TANKERS 1 COMMANDER LARGE RESIDENTIAL 1 COMMANDER UNITS MAY BE SUBSTITUTED DUE TO TIME, DISTANCE AND RESOURCE LIMITATIONS OF THE PARTICIPATING AGENCY. COMMANDER: ANY OFFICER THAT HAS AUTHORITY FOR COMMAND. SERVICE AGREEMENT BETWEEN THE GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT AND THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA THIS SERVICE AGREEMENT (Agreement) made this ;Q "'day of J,,ne- 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 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 16F 7 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 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 lst 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 16F1 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 written. GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT, an ' @pendent Special Djs�rict q�6)� /gount j, Florida , . Witness�u �By: BOARD OF COMMISSIONERS, COLLIER COUNTY, FLORIDA By: Fred W. Coyle, ChairmaW ATT T, Dwig B'rggk, Cl B ALtpe3 tV ldtk e , Ap ed as to F d Legal Sufficiency: t N� SCOTT R. TEACH, DEPUTY COUNTY AT'�ORNEY 16F1 EXHIBIT "A" FIRE DEPARTMENT RESPONSES TYPE OF SITUATION _ FIRST DUE SECOND DUE (TRUCK RV, SEMI OR PRIMARY SNARED UNKNOWN SUBSTANCE 1 PUMPER 1 PUMPER EMERGENCY 1RESCUE 1COMMANDER REGULAR HOUSE OR 1COMMANDER 1 TANKER HIGH HAZARD DIVISION OF FORESTRY 1 COMMANDER BRUSH FIRE SEASON 2 BRUSH UNITS OR 1 COMMANDER 1 PUMPER AND 1 BRUSH UNIT 1COMMANDER OUTOFSEASON DIVISION OF FORESTRY NO RESPONSE 1 BRUSH UNIT OR 1 PUMPER AND 1 TANKER 1COMMANDER VEHICLE ACCIDENT 1 RESCUE UNIT NO RESPONSE WITH WATER RESCUE CALL 1 RESCUE UNIT NO RESPONSE SMALL VEHICLE FIRE 1 PUMPER NO RESPONSE (CAR, PICK -UP) LARGE VEHICLE FIRE 2 PUMPERS 1 PUMPER (TRUCK RV, SEMI OR i COMMANDER 1 COMMANDER UNKNOWN TYPE) 1COMMANDER COMMERCIAL OR 2 PUMPERS 2 TANKERS REGULAR HOUSE OR 2 PUMPERS 1 TANKER TRAILER FIRE 1 COMMANDER 1 COMMANDER (SO. OF SR 84) AS ABOVE, BUT 1 BRUSH 1 TANKER NO. OF SR 84 1PUMPER 1COMMANDER 1COMMANDER COMMERCIAL OR 2 PUMPERS 2 TANKERS LARGE RESIDENTIAL 1 COMMANDER 1 COMMANDER UNITS MAY BE SUBSTITUTED DUE TO TIME, DISTANCE AND RESOURCE LIMITATIONS OF THE PARTICIPATING AGENCY. COMMANDER: ANY OFFICER THAT HAS AUTHORITY FOR COMMAND.