The URL can be used to link to this page

Appendix and Reference Information Ochopee Fire Control Response to Proposal for Fire Service Operations Appendix and Reference Information A S upplement to the Response to Proposal Master Copy April 16, 2015 Table of Contents Appendix and Reference Information A. 2014 AUIR Maps 1. Collier County Fire District 2. Isle s of Capri Fire Control 3. Goodland Service Area 4. Ochopee Fire control B. Organizational Charts C. Isles of Capri MSTU Creation Ordinance D. Collier County Fire Control District 1 Amendment Ordinance E. Ochopee/Everglades City MSTU Amendment F. Inter Local Agreement Goodland MSTU and City of Marco G. Executive Summary Regarding Fire Service Consolidations 11 June 2013 H. Board Minutes Operations and Management of County’s dep endent Districts December 9, 2014 I. 2015 Budget Coversheets 1. Isles of Capri 2. Ochopee 3. Goodland Fire 4. District 1 J. Fiddlers Creek MSTU proposed annexation to Greater Naples Fire Rescue K. Alligator Alley Mile Marker 63 Agreement L. Isles of Capri Collective Bargaining Agreement M. Ochopee Fire Control Bargaining Agreement N. Florida Statute 191 Intergovernmental Coordinator and Collier County Fire Control O. Florida Statute 171 Interlocal Services A Section A 2014 AIUR Maps COLLIER COUNTY FIRE DISTRICT MAP Legend t-t Big Corkscrew Fire (Phone:239-455-1204) LJ http://M.bcihcom/r n".l'I ffi i,lB[[ ii::H,',1';11ffi iJ=,,, E collier county Fire f-lEast Naples Fire (Phone: 239-774-28OOl - http:/ flw.enfd.org/custom.html?id= l2743 Golden Gate Fire (Phonc: 239-348-7540) http://M.ggf re.com/index,asp Goodland Fire l-] lmmokalee Fire (Phone: 239-657-2700) L----J http://ww.immfi re.com/ ili',l"oi,ffi ::,[[f,]?,?i*'31'"',",i113]*,, l-l Mar@ lsland Fire (Phone: 239.389-5040)LJ 6npyTry.6lyofmarcoisland.com/Public-Dodments/MarcolslandFL_Fire/index l-l North Naples Fire (Phonc: 239-597-3222)U http://w.norlhnaplesflre.com/ 1-.1 Ochopee Fire (Phon6: 239-695-4t'14) l-J http://w.colliergov.neUlndex.asp x? page=2251 N Marco lsland Fire Goodland Fire LI Eruites 02.55 10 Collier County Fire 2O14 TSLES OF GAPRI FIRE STATIONS. EXIST!NG AND PROPOSED TMMOKALEE ifi ".t"'.",",rt"1 Legend Major Roads Existing Fire Station Future Fire Station City Limits lsles of Capri Fire Service E T'a o c r. o ,n 1 rtl u o o ffitvtites 01.53 6 I 12 ECHNOI@Y T OE IUPPOiT /OROMfl flATAGEIEI ONISION FllE: ZDAT REaUEsl4ilqoc.rlFh2ola.MxD Future Station (Mainsail Drive)Existing Station (175 Capri Blvd.) 2O14 TSLEE OF CAPRI EXISTING LOE:4 tllNUTE RESPo}{SE TltE / 1.5 5 MILE !AO ROAD TRAVEL FIRI STATION T!LE RADIU8 I{FPA RADIUS 209 2O14 ISLES OF GAPRT FUTURE FIRE STATTON (MAtNSAtL DRTVE) I - ; ffiuites 0.25 0.5 1 Olvb on GIS Mapping: Beth Yang, AICP I GIS Support /Grow,li Manage Future Mainsail Dr. Station Legend Future Fire Station Roads Buildings/Structures 2014 OGHOPEE EXISTING (lN THE PORT OF THE FIRE STATION TSLANDS) Legend Existing Fire Station Roads Buildings/Structures Mites 0.25 0.5 2t,14 (LOS:4 MIN OGHOPEE EXISTING UTE RESPONSE TIME FIRE STATION I 1.5 MtLE RADIUS) l t \\-1)r ( r"'lr):t (-\ o(CHOKO Jt \l) -{ /?'fu o \./j )L\ .,-\v'.l1 ?.tr $?tr1 d& Existing Station (Everglades City) Legend Existing Fire Station Roads Buildings/Structures )- 2O14 OCHOPEE FIRE STATIONS INVENTORY ww IMMOKALEE o c r. o .n a lll x o o MARCO "+. s F]j]-l-l-l-lMites 01.53 6 I 12 ',1 .1,,, Legend Existlng Fire Stalion Fire Slalion [Jnder Constuction - Major Roads I I Citu Linih Ochopee Fire S6rviceArea (40808 E. Tamiami Trail) B Section B Organizational Charts OCHOPEE FIRE CONTROL Chief Alan McLaughlin Admin Assistant Linda Swisher Assistant Chief Caleb Monis A Lieutenants Sergio Valdes Lee Kidder B Lieutenants Robert Mayberry Jeremy Morgan C Lieutenants Robert Campbell Joshua Grimm Firefighters Blaine Brisson Scott Jacobs Firefighters Seth Taylor Michael Grala Firefighters Jerry Hooks Todd Schilling Firefighters Terrence Maisano Justin Raymond Firefighters Matt Stoller Juan Flores Firefighters Mike Szczekowpski David Thomas Firefighter Michael Graham Firefighter Ryan Rogula Firefighter Dustin Hancock Job Bank Fighters Vacant Reserve Vacant Reserve Vacant Reserve Vacant Reserve Vacant Reserve Vacant Reserve Vacant ISLES OF CAPRI FIRE RESCUE *n r.,.,, ?l;, Til:i"sitions *Four Job Bankers Lieutenant Purcell Operations Manager Martin Advisory Committee Crowder Harrington Dolan Kane Vacant Operations Coordinator Vacant Lieutenant Lara Lieutenant Michel :irefighter Fulltimt Temp Mercier Firefighter Tomei Firefighter Fulltime Temp Mc Nally Firefighter Vacant Job Banker Zimkowski Job Banker Kofsky C Section C Isle of Capri MSTU Creation of Ordinance oR.DINANCE 78-49 AN ORDINANCE CREATINC THE ISLES OF CAPRI MUNICIPAL FIRE SJiRV].CES TAXING DIST BOUIi''AR I I:S OF THE DISTRIC GOVDRN: Iii: 'JCi]'' OF THE DIS LEVY OT I'I' 'IO ONE MILL; P AND AI Ii;IECTIVE DATE. BE 1T ORDAINED BY THE BOARD OF CO1IN FLORIDA: 6 @ SECTION ONE: PursuanE co Chapter 125 of the Florl&a SEatutes, the Ieles of Caprl Munlclpal Flre Servtces Taxlng DlBtrlct 1o hereby created for the purpose of provldlng flre contEol Bervlce8 to the resldentB of the Lrea herelnafter descrlbed: All that land located In Colller Counry, Florlda, and speclflcally described ao: Sections 19, 20, 21, 22,21 ,28,29, 30, 31, 32, 33 and 34 of Township 51 South, Range 26 Eaet, and tho8e portions of Sectlone 4, 5 and 6 of To}llrBhlp 52 South, Range 26 Eait, Hhlch lle north of Lhe Marco River. SECTION THO r The governlng body of Ehs DtaErlcr shall be ex officlo the Board of County Comnlsaloners of Colller Counry, F'Iorlda. SECTION THREET fhe dl8trlct 18 fo equlpplng, operqtlng, and maln tainl dlsErLcE; to buy, 1eaoe, ae11, exch dlspose of equr.pmenE and other pera an adequate waEer 6upp1y for flre p to employ and dlecharge employees a prlvate and publlc properEy at reasonable tlnes to lnspect, combaE and investlgate poselble and actual flre hazarde and occurrencea; to promulgate rulee and regulations fortthe preventLon and controL of flre and to otherwlse proEecE i"."orr" and property wlthln the dlstrlcc. SECTION FOUR: (") For the purpose of carrylng lnto effect thls Ordlnance, the Board o.i County cosmls8lonera eha11 appolnt a colElltEee of three (3) to ffve (5) electora reeldlng elthln the dletrlct to aerve ataggered terns of two (2) yeara each to hold rneetlngs aE such tlnes and placee ae lt shall deternlne for the purpose of advletng the Board regardlng ths affatrE of the distrlcL, ioox 008 iloEt80 (b) The Advleory Conrnlt,t,ee .shall annually PrePara a dlEtrlcE budget ' and eatlmate Ehe funda, thelr PurPose and Ehe ad valorem caxea neceseary to carry out the provleLons of th18 Ordinance for the followlng flscal year aB preacrlbed by Chaptex 129 of the Florlda Statutes. (c) Upon adoptton of the dlstrict budget by Ehe Board lt ehall cauae the budget co be recorded ln the Board mlnutes and ehall cauee to be levled on all properuy wLthln the dlatrlct a mlIlage auf- ficlenE, to fund the budgeE not exceedlng one (1) ntll ln any one year to be aseegeed ahd collected ae though County laxee. (d) The Treaeurer of tha Board shall: (f) Iesue all warrants for servlces, equlpmenE, materlale and other expensea Lncurred by the dleErlct and approved for payment by the governing board. (2) 0n or before the end of each flecal year prepare an annual report of the recelpEe and expendlturee of the dlstrlct to the governlng board aa requlred by Sectlon 218,20 eE. 8eq. of the Florlda Statutee. SECTION I'IVE: fhe boundarlee of thls dletrlcE or the lande tncluded ln eald diatrlct may be changed by an amendmenE to thls Ordlnance. SECTION SIX: Since the coetg for flre control ln thle dlsErlcE were budgeted in the CollJ.er County Ftre Control Dlstrtcc #1 for FY '78-t79, Ehese costs for the dlst.'lct created by thle Ordtnance w111 be pald by Collter County Flre ConErol DleErlcc #1 through SepEember 30, Lglg. SECTION SEVEN: CONSTRUCTION Thle Ordlnance ehall be llberaliy "orrnt*ed to effectuate LEe publtc purpose. If any portion, or unconstlEuElonel, SECTION EIGHT: Thle law. phraee or vrord of thls OrdLnance te held lnva1ld the remaLnl-ng parte ahall not, be affected. Ordlnance sha1l become effecttve ae provided by !oor( 008 mcr 181 ENACTED BY THE BOARD OF COUNTY COMMISSIONERS OF FLORIDA, Thls 10ch Day of October ', 1978. !IIIL COLLIER COUNTY, STATE OF FLORIDA ) COUNTY OF COLLIER ) I, WILLIAM J. REAGAN, Clerk of courts ln and for the Tt'tentleth Judlct;l Clrcuit, Colller'CounLy, Florlda, do hereby certlfy thet the forecolns ls a true orlclnal of'oRDINANCE 78-49 vhtch wae aCopted by tha Eoard of county Confrleelonere durlng Regular sesElon October 10' 1978. IIITNESS my hand and the off1clal seal of the Board of County colrlmisBloners 6f Collier County, Irlorlda, thlo 10th day of october, 1978. WILLIAII J. REAGAN Clerk of CourEs and Clerk Ex-offlclo to Board of CounEy Comnls8 loners ThIs ordln&nce fIled \'{lth l3th Dav of Occober, 1978 recei-vei this I6th daY of .2,/., thE Socr€tary of staterB Offtcs tho rnd acknowledgment of that flllng October, 1978. iry BOARD OF COUNTY COMMISSIONERS Vlrg Depufy ioox 008 pAcE182 D Section D Collier County Fire Control District 1 Amendment Ordinance COLLIER COUNTY ORDINANCE NO. 78.48 AN ORDINANCE TO AI"IEND ORDINANCE NO. 75-9 AS AI'IENDED BY ORDINANCE 76-59 TO ESTABLISH NEW BOUNDARIES FOR COLLIER COUNTY FIRE CONTROL DISTRICT #1, BE IT OITDAINED by the Board of County Commleelonere of Colller County, Florlda: SECTION ONE: That ATTACHI'GNT "A'r of SecLlon One: 1. of CoJller Cour}y Ordlnance No. 75-9 aa amended by Colller CounEy Ordlnance 4;{Ela hfieby amended to read ae foLlowe : ;! l] f- 7)g;{i ;8 "LEGAr, DESCRTPTION FOR THE COLLIER COUNTY Fr'fl4coNTROI- 3 DISTRICT N0. 1. .-' i1i Fii = q' The descriptlon of the boundarlee is as foll&fiF Con'rnencing aE the Northweet corneri of sectto# Z, rowniltp Ca South, Range 26 Eaat, belng the polnE of BEGINNINGT Thence Sourh along the lJeet 1lnee of SecClona 7, 18, L9, 30 and 31 of Townehlp 48 SouLh,.Range 26 Eaat, Eo the SouthweeE corner of Section 31. ' Townshlp 48 South, Range 26 Easti thence EaeE along the South 1lne of SecLlon 31, Townehtp 48 South, Range 26 Eaet,, Eo the Sourhwest corner of SecElon 32, TownehLp 48 Souch, Range 26 Eaati thence South along the Weat llnes of Sectiona 5, 8, 17-and 20 of Townshlp 49 Soufh, Range! 25 EaeC, to the Southwest corner of Sectlon 20, TownehLp 49 SouEh, Range 26 Eaaci thence Eaet along the South llne of Sectlon 20, Townshlp 49 SouEh, Range 26 Easll to the SouEhwegt corner of Sectlon 21, Tonnehtp 49 Souuh, Range 26 East; thence South along the Wegt llnes of Sectlona 28 and-33,Townshlp 49 South, Range 26 Eaet, to the Southwcet corner of Section 33, Townshtp 49 South,the West 1lnea of SectLone 4, 9 South, Range 26 EaeE, Eo Ehe S Townshlp 50 South, Range 26 Ea 1lnee of Sectl-one 4, 9 and 16,to the Southweet corner of Sec 26 Eaat; Thence East along the Tovmshlp 51 SouEh, Range 26 Ea Sectlon 14, Townahtp 51 South, Lhe WesE llnes of Sectlons 23, Range 2.6 East; to the Southwest corner of Sectlon 35, Township 51 South, Range 26 Easb; thence Weet along f-he South line of Sectlon 34, Torynshtp 51 Soutl.t, Range 26 Eaet, to the Soutlwegt corner of Secrlon 34, Tor^,nehlp 51 SouLh, 'Range 26 EaeE; th rce South alons the lrleeE llnes of Sections 3 and 10, IownshLp 52 South, Range 26 East to the polnC at wirlch rhe west 1lne of SectLon 10, Tor+ishlp 52 South, Range 26 East intersects the mld polnt of fhe Marco Rlver Channel; Ehence followlng the cenEer llne of Ehe Marco Rlver 1n a generally Eaeterly dlrecEion to the lntersecflon wlth the center llne of State Road 92; thence Northeaet followlng the center line of SEate Road 92 to the intersectlon of the NorEh 11ne of SecElon 33, Townehlp 51 South, Rar.rge 27 Eaatl thence EaeE along the North llne of Sectlone 33 and 34I Townshtp 51 Sourh, \ang-e 27 Eaet,-89 the NorEheasE corner of S=ctLon 34, Townshfp Sl Range 27 Eaet, Eo the NorEheasE corner of S=ctton 3 South, Range 27 Eaett thence North along the EaeE 1 South,- lrngg 27 ^Eaett th-ence_North s1o!g the EaeE llne of Sectlon 27 and Secl{on 22, Townshlp 51 SouEh, Range Zt EasE. to rhe NortheaeE corrrer of Secblon 22, Townshlp 51 South, Range 27 NortheaeE corrrer of Secblon 22, Townshlp 51 South, Range 27 East;thence West along the North }lne of SectLon 22, Tor+nshlp 5f South-,.Range-27 PaEt, to tle_Northwest cor-ner. of-sectloi 22,South, Range 27 Eaal, to the Northwest corner of Secttoir TownahLp 51 South, Range 27 Eaax; thence North along the South, Range J7 E2gx;_ thence North along the East , r\qrr6E ,, uqa L, rrv4 Lrr Lrtc Edu L 1lne of Sectlon 16, Townshlp 5I South, Range 27 Easi, to rhe Northeast corner of Sectlon 16, Townshtp 5I South, Range 27 East; toox 008 pwtrn I Ehence WeeE elong the Norch llne of Sectton 16, Townshtp 51 South, Range 27 EaeE. Eo the Nort.hwegt corner of Sectlon 16, Townshlp 51 Sourh, Range 27 East,; thence Norch along the East llne of SecEion 8, Townshlp 51 South, Range 27 Eaet, Eo the Northeast corner of Sectlon 8, Tor,rnshlp 51 South, Range 27 Eaat;thence Weet alcing the Norrh Ilne of SecElons 8 and 7, Townshlp 51 South. Range 27 EaeE, to Ehe NorthweeE corner of SecELon 7,Townshlp 51 South, Range 27 Eaet; thence WesE along the North Ilne of Sectfon 12, Townehip 51 South, Range 26 EaeE, co Ehe Northwest corner of Sectlon 12, Townehtp 51 South, Range.26 Eaat; Ehence North a).ong Ehe WesE ltnc of Sec-flon 1, Townshif 51 South, Range 26 Eaat, to the Northweet corner of Sectldn I, Townehlp 51 South, Bu.ge 26 Eaat; thence NorEh along the West Iinee of Sectlons 36,25,24,13, 12 and 1, TownehJ.! 50 Sourh, !".gg 25 East, _to the Northweat corner of Sectlon I, Iovmshtp 50 SouEh, Range 26 East; Ehence NorEh along tha Weet llnes of Si:ctlotte 39,25,24, L3, 12 and 1, TownahLp 49 South, Range 25 Eaet to the NorEhweBE corner of SecClon 1, Townahtp 49 South, Range 25 East; thence North along the l{eet Ilne of Sectlons 36 and-25,Townshlp 48 South, Range 26 Eaet, to the Northweet corner of SectLon 25, Townshtp 48 SouEh, Range 26 EasEi thence West along Ehe North 1lne of Sectlona 26,27 and 28, Townahlp 48 South,Range 26 Eaet to the Northvregt corner of SecElon 28, Township 48 SouEh, Range 26 Eaat; thence Norrh along Ehe Weer Llne of SetElong 2L, 16 and 9, Townshlp 48 South, Range 25 EaeE to the Northweet corner of Sectlon 9, Tor.rnehip 48 South, Range 26 Eaat; Ehence Weet along Ehe North line of SecElong 8 and 7, Townehlp 48 South, Range 26 Eaet (Coll1er-Lee CounEy 1Ine) Eo the place oi neCtUglHC.Excludlng all that area of land ilescrlbed In Setclon 2 of CoLLIer County Ordlnance No. 74-3 ae Golden Gate Fire ConErol DleErlct;and excludlng all that area of land Ln Henderson Creek park Subdlvlalon aa recorded ln PlaE Book 6, Page 8; Henderaon Creek Park SubdlvLslon Ier Addlrlon aa recorded in Plat Book 8. palre 41, known as Henderson Creek Park Flre Control DlstrlcE.r' " SECTION TWO: Effectlve Date: Ihle Ordlnanco eha1l Eake effect upon recelpt of not.lce that lt haa been flled wlEh the Secretary of StaEe. PASSED AND DLILY ADOPTED by Che Board of Counry Coaorlseloners of Co111er County, Florida, thla l0thday of_October _, 1978. AT4EST I BOARD OF COI.INTY CO}O{ISSIONERS COLLIER COUNTY, FLORIDA REAGA-I{, Clerk By, c.s' c't . ,rl u,r, i.l ( thls ordinance flled wlth 13th Day of october t l97B recelved thls 16th DaY of the Secr6tary of Shaters offlce the and acknowledgrment of that f111ng Doorr 008 ncrt78 STATN OI FLORIDA ) COUNTY OF COLLIRR ) I, WILLfAU J. REAGAN, Clcrl< of Courts Judlclal Clrcuit, Collter County, Florlda, the foregolng ia a true orlglnal of: ORDINANCE NO. 78.48 whlch rvas adopEed by the Board of CounEy Commlssloncre. durlng Reg,ular SeseLon October 10 L978, IIITNESS my hand and,Ehe offlcial seal of the Board of County Cormnlssionere of Colller CounEy, Florida, thla 10th day of 0c Lob er , L978. WILLIA}I J. REAGAN Clerk of Courts and Clerk Ex-offlclo to Board of J.n do and for tha TucnEleEh hercby ccrtlfy Ehat a' Door( 008 mce 1?9 E Section E Ochopee/Everglades City MSTU Agreement I 5f""'o'6 Q<sr,ro@ I oRDINA}|CE NO. 92-100 I A.}I E.IERGEHCY ORDINANCE AHENDING COLLIER COI'STY:<.., oRDTNANcE No. 25-6, As AHENDED, By ENLARGTNG Fil E 6uF EntnthrDrrc AE muF A^SADF ^r6dn?a mnf..THE BoLTNDARTES oF THE ocHopEE FrRE DrsrRrcr ro-=l , =TNaT.ITDE .I'Htr aT,l"V nF r-1,FpnT.LnF<. DD^vTnTNn Fap T.' , Z TNCLUDE rHE crry .;";"H;;ii.i^iioii3ii6"i"i"{i i CONFLICT AND SEVERABILITY; DECI,ARING AN EHERGE}IEXj 'rl .n rJ CoNFLICT AND SEVERABILITY; DECLARING eN nUenCrfqi; ]PXUVID.LNG A.}I EFFECTIVE DATE.rn j.m-! WHEREAS, colller county and the Clty of Everglades BOr? il reached an agreeEent that lt would be ln everyones Uest tffire*, to have t,he Clty of Everglades becorne a part of the ochopee Flre PIstrlct. NOW, AHEREFORE, BE IT ORDAINED By THE BOARD OE COUNTy colo'tlssIoNERs oF CoLLIER couNTy, FLoRIDA, that: SEcTfoN oNE. ArendEentB to Sectlon One of Co1]ier County Ordlnance No. 75-6, as anended. Sectlon One of CoIIIer County Ordlnance No- 75-6, as anended, ls hereby amended to read ae follove: SECf,ION ONE: 1. Creatlon of the Ochopee Flre Dlstrlct. The rochopee Flre DlstrLct" ls hareby created, It ls hereby declared to be the lntent of this Ordinance to conflru creatlon of thls disErict as a HuniclpaI Servlce Taxlng Unlt pursuant to chapter 125.01(q) Florlda Statutes, The dlstrlct boundarles shall lnclude: B, !), 10, 11/ 12 and that portion of Chokoloskee fsland r ,oo* 0Sg,^u1?T Words eer*ele-i=#reugrh are deleted; lrords underlined are added. Towrrehlp 525, Range arelr Eouth and eaet Totenshlp 515, Range 288; Ssctlons 35 and :,5 and aI1 that of state Road 92 wlthln Sectlon 14,27Ei Sectlon 1, Tosn8hiA 52S, Range 218- 2.Governlng Board, powers and Dut.ies. a) The governinq board shalL be the Board of county cr>nnissloners of collier county. The business affairs .of the distrlct sha1l be admlnistered and conducted by the board. rt shaLl have the authorlty as prescribed 1n Sectlon 125.01(q), includlng the authority to establlsh, equip, lo-perats'and'.Earntarn a f lre departruent, ambulance servlce and (,tj:'::.rescue sr:rvlce wlthln the dlstrlct. The board shaIl buy, 'r-CT,{-leaser arllle,.exchange or. Othervise acqulre and dlspose of flra-flghtlng egulpnent and other property, rea1, personal or .rC ., ,, ,rnlxed, that lt, nay frorn tlne to tlma deen necossary to prevent and extlng'ulsh flre or provlde anbulance and rescue eervlces wlthln the dlstrlct. Thls sha11 lnclude, but ls not Llnlted to, the authorlt,y to provlde vater, sater supply, water st;rtlons and other neceEsary bulldlngs; accept gifts or donatlon:-r of egulpnent or noney for the use of the dlstrLct; and to do all thlngs necessary to provide for an adeguate r'/ater su1:ply, for preventlon and proper flre protectlon for the dlstrict. The board sharL have the authorlty to extend lts serv,lces outslde the dlstrlct under a nutual. a1d agreemenr: uith another distrlct or to resldents not recelving flra, aml:ulance or rescue services fron another source. The board sh;rll have the power to hlre and flre necessary personnel, to rnvesirgate for flre and safety hazards and to promurga:e rures and regulatlons for the prevention of fire and for :flre control in the dlstrlct. b) The board shall appoint a comrnittee of from three (r) to flve (5) e).ectors reeldlng within the d16trlct to serve st;rggered terms of tvo (2) years each to hoJ.d meetings at such ::ime and praces as it sharl deternlne for the purpose of advising the board regarding the affairs of the district., roo( 059,^r,1TB words +er*ele-t++eugh are deletedi words underrined are added. E-rr-f+teCar cerlt,reeE$+l 6.+vl'cG--t@ At least one (r,) of the +be.+6 Conrm I t te e ruenber s lrho I lves er*g+iAe-of-ehc_+l=++'i-et-+nd wlthln tlre clt,y llolts of Everglades glEy sha11 represent the c1ty,s lnterest 1n the a!fa1rs of the dlstrlct. Such representatlve ahall be narued by the mayor and approved by clty councll of the clty of Everglades and be conflrhed by the Boarcl of county Courmissloners, as go'rernlng body. c) The advlgory cornnltcee sba11 annually prepare a tentativa dlstrLct budget and estlnate the funds, thelr purposa and the ad valorem taxes necessary to carry out the provlelons ot thle artlcle for the followlng flscaI year a3 preacrlberd by Chaptar 1-29 of the Florlda Statutea. d) Upon adoptlon o( the dlsttlct budget by the board lt ehalL cauaa th6 budgat to be racorded ln the board roi.nutee and ghall causa to ba Levled on all property wlth1n thE dletrlct a roll]ags sufflclent to fund the budget not. excaedlng four (rl) nllla In any ona (f) year to be aeseeeed and collercted as though county taxes. e) ThE Board of County Commlssloners shall: 1) Cause to be lssued all warrants for service, equl.ptrent, naterlals and other expenses lncurred by the dlst rlct. 2l On or befora the and of each flscal year pref,are an 6nnuaI report of the recolpts and exp€,ndltures ot' the distrlct to the governlng board as requlred by Sectlon 2tA,20 et seq. of the Florlda Statutes, SECTIoN Tl{o. Addltlon to CoIIier County Ordlnance No. 75-6, as amended. Sectlon lvo 1s hereby added to CoIl.ier County Ordinance No. 75-5, as amended, and shall read as follows: 0oox 05gPr6r1?g 3 Words o+.ru€f+-thr:.ough are deletedr' words uDderlined are added. r I I SECTTO|I TWO: prlor to Ehe lew of anv taxes bv the Ochopee Flre Dl=t.lct on the oroo"rtl"" ro"ut"d rlthln th. lncoroorut"d ur"u of the Clt, of Ev..olod"r, Th" Cit, of Erorolud." rr=t hur" udoot.d un o.dlnun.., prr"runt to th. ororl=ion" of chuot.r rz5. Fror{da statutus, Th. ordlnun.e sharl =et forth th" nr*b.. of r"u." thut th" O"hoo"" Fl.u Di=t.l"t .u, ln.lud. th" ur"u *rthin thu corporut. rl.it" of th. elt, 9f Eu"rolodu". th. tro" of ""rr1"", to b" oao,rld.d b, th.. o.hooee Fire Dlut-lct. ond olr oth.r orovl=1o." u" ."ou{r"d bv 1aw, SECIIoN THREE. ConfLlct and sev€rabI1lty In the €vent thls ordlnance confllct,s wlth any other ordLnance of Co111er County or oEher appllcablo 1aw, the nore restrlctlve ehall app1y. If any phrase or portlon of this ordlnance ls hetd rnvattd or unconstltutlonar by any court of conpetent Jurrsdrctlon, such portlon eharl be dee.ed a separate, dletlnct and lndependent provrglon and such holdlng sharr not affect the vaIldlty of tha remalning portlon. SECTION FOtIR. Declaratlon of Energency Thls Board does hereby declare Lhat an energency exlsts and that l,roedlate enactment of thls ordlnance rs necessary, and by no l-ese than four-flfths (4/5ths) vote of the nembershlp of the Board doee hereby valva notica of lntent to conslder thls ordrnance. SECTfON FM. Ef fectlve Date A certlfled copy of'thls Ordlnance, as enacted, shaJ_1 be flrod by the crerk of the Board wlth tha Department of state of the state of Frorlda, as Eoon after enactment as rs practlcable by depoeltlng the satre wrth the postar authorlties of the governnent of th6 unlted states for speclar del.rvery by regrstered mair, postage prepald, to the Florida Department of State. Thls Ordinance sharr become effective as provided in section 125,66 (3), Florida statutes. rooK 059PA6t180 Hords et*reJe-#h+or*gs are der.etedi words underrined are added. I AND DULY ADOPTED countyf Florlda, E by the Board EhLs -LL&. aay I of County Cornrnlssloners or. .{L'c:,'LtL-- BOARD OT COUNTY COMHTSSIONERS COLLIER COUNTY, PI'RIDA ,,,'f,i., .[ ,],1r,q,. ffi .J This ordinonca fite:J with lho H:"t;ii*i':iii?: aoox 059,,,,181 5 Words etsruek-bhrough are deleted,' words underllned are added. I E I 5TAT5 OF FLORIDA COI;NTY OF COLLIER, I, "-AMES C. GILES, Clerk of Courts In and for the Twentleth Judlclal C1rcu1t, Collier County, ?lorida, do ::ereby certlfy thai the foregolng ls a true copy of: Ordlnance No.92-100 xhlci wae adopted by the Board of County Comml.ssloners on th.e 22\o day of December, t992, durlng negular Sesslon vla ime:gency Procedures, HITi{ESS ny hand anci rhe officlai sea.l of the Board of County Commlssloners of ColIler County, ?lorlda, thls 29tn day of Decernber, 1992 1\.Jtr ji,f ,. ..'')):'!' '':' ".''?',, ....:,.. JAMES C , GILES ,"'.i^':'' .,,,. -- . '"'.Clerk of Corrrts and Cler.k ":.:''.::Ex-of t lclo to Board of 1 .' I - ,t -,) ,)' -/,, /., ,,.4.L4+.-:1a/-{2^d+,/' / t,, u,. Ir1 ; /s/ElIle Hoffnran Deputy Clerk Doo( 059 P,;I82 ) F Section F Interlocal Agreement Goodland MSTU and City of Marco Island rNsrR 4713774 0R 4813 DI{IG}IT E. BROCK' CLERK REC $44,OO "",",i?':0;+-zm-r#E.l':li-*,[tfiH^' o INTERLOCAL AG REEMENT FOR fIRE AND RESCUE SERVICES This Agleement, made and entered i 2012 by and between the Board'of county Commissioners of collier cou d lo as the 'COUNTY")' and the Gty ofMaico lsland, Florida, (hereinafter 'clTY")- WHEREAS, it is the desire of the COUNTY to provide fire protection.to Goodland in Collier County' iforiO", ., ,nor" tp"cifically identifiedin the Service Area map attached hereto as Exhibit "A;" and WHEREAS, the COUNTY desires to provide said fire protection to a portion of unincorporated Collier County by aBreement with the CITY, andi WHEREAS, the above referenced portion of the COUNrY shall hereinafter be referrelll,t::T,.::J.':: ffii??Jffi;"ii".iJ'"" ii"i",,i" o-,", ,.p attllr:d a t'lolt--1'-,n sharr be within the followint boundarieS: The unincorporated known as Goodland. NOWTHEREFORE, ln consideration of the mutual agree as follows: 1. TERM OF 1, 2011 and will continue for a period of three (3); this agreement maY be renewed for three (3)terms and conditions, unless either Party desires to the event either Party desires to terminate or renegotiate of its intention to the other party not less than ninety (90) reasonable petiod of time to willcontinue such servl'ce for a fire and rescue Plotection. The maximum len8th of such reasonable after the termination ofthe Contract by the clTY. Payment for services beyond the expiration date will be based on the monthly prorated amount of the ffi H;.*=nffi l,Lr'#ffi ,il;;';ii.* ii" ne'""" "! -o lllil-ll-1, *,:"::1i :iil ::L:'J:"il#'#rT;;;;;; is siven, or unrit the contrdst s renesotiated on terms mutuallv agreed upon by the Parties. 2. TERMS OF PAYMENT: The CoUNTY agrees contalned within Section 3 "service Level," in tw agreement is in effect. The county will remit the fir 3oth, and the second payment during the month of September 30s. The payment amount shall be tha rate for the Goodland Fire District, as iei uy ttre corfier county Board of county commissioners, minus ,"v .i.i"i.,*i* r""r, .nd n"t of.oit, required to be paid to the property appraiser, tax collector as *"1r ", .nv ott'"r. ".ro.i.t"o t"". ,nJiost' ihe millage rate set by the Board ot counw commissiones each year is subjea to the ordained millage cap for the Difirict- Each year of the A8reement, CoUNTY will norify the CIIY of the adopted annual millage rate in July; $rith notice of the adopted "nn,"r .ifric" rai" in " fo"n consistent with Exhibit "8" which states the FY12 adoPted millage rate' Interloeal Firc/Resa/g Ciry oflhrco #*\ Page 1 of 5 oR 4813 PG 2220 3. SERVICE LEITEL: The CITY agrees to Provid area by the City of Marco lsland Fire/Rescue emergencY call. All decisions on manpower an or in his absence, by one of his assinanB' perform the provided to include all including all between the CITY and COUNTY' 4. CoMMAND AT FIRE SCENE; The Marco lsland Fire chief' or in his absence' one of his assistants' shall assume controt and ,"rponriuriti oi-.rr-rirli, otr,"l. appri.able emergencies in the service Area where the CITY has responded' eouioment and personnel necessary to vice area. fhe ClTy shall be responsible EOUIPMENT AND PERSoNNEL: The provide adequate fire proteclion and for properly traininB allofsaid 6. RECoRDS: The CITY necessary- and provide statistics as 7. BREACH OF Agreement bY either Party shall constitute a material notice of anY bleach to ln the event the breach period, a reasonable aBreed may declare the contract cannot be cured within such terminated, and shall so notify an adjustment in the contract payment shatl be made based uPon a ihe annual contract PaYment' 8,ttn=-ir"orue,""r*,,1,:L::.':Y-:,,:"i:'"""""JT.,'ii:: :."",:::::T..Tli,::lfi'"1;:;,ir*,,1i ";i;.,,ions within the service area of corrier Page 2 of5 lnte ocdt FielRescue City oJ llarco days after receipt of written rde within the seven (7) daY [oun,V *itttort,t " *ritten consent ofthe coUNTY' 9. INDEMNIrV AND INSURANCEI nor shall the same be consrued to constitute agre ;;; ,]u."i;;";;;.tV;neslisent, willful or int"ntional acts or omissions- B- tlABlLlTY lNsuMNcE' The CITY covenants -to-keep in,force durin8 the period of this "gr"".""rt "a"qiiG-prot'tt ntoitity i*urance and property damage insurance' oR 4813 PG 2221 lN WIINESS WHEREOF, the Parties executed this lnterlocal Agreement for ThG City of Florida L*, 10. NoN'APPROPRIAIONS CLAUSE: lf for any reason the clTY or COUNIY5 Eoveming body does not approve the funds to imple;l;ttni' tonti"t'ii '"v given fiscal year' the contract shall be null andvoid. ll.NoTlcEs:Anynoticespermittedorrequiredbythis.ASreementshallbeinwritintand submitted by certifiea ,"ir, ,"t" reflii;'t;;;;l;";" 'ithe fotiowine adaresses' as approPriate a) Notices from the CITY to the COUNTY shall be sent to: Leo E' Ochs' Jr'' County Manager' 3299 E- Tamiami Trail' Building F' suite 202 Naples' Flotida 34112- b) Notices from tt" co'*it tiil li"' shall be sent to:-Dr' lames Riviere' citv Manager' Ciry Hall, 50 Batd Eagle Drive' Marco lsland' Florida 34145' duly authorized representatives' have commissioners W. Iur!, City Attorn€Y Page 3 of 5 laterlocol FirclRescue Cily oI Llorco oR 48i3 PG 2222 i PaSe 4 of 4 Interlocal Fire/Rescte City of Morco Best Available rmage Page 4 of5 Bhtblt A - F+ -- ?--l-i ::_:-ti !i4tu6 _.! G€ragdo-E:'6fffi,1 .J I I 'L F ?' '***'Oi 4813 pc 2223 *i* cffi*ctowa,,y & Page 5 of 5 Interlual FireJRescue City of llarco G Section G Executive Summary Fire Service Consolidations June 11, 2013 6t111201310.E. Recommendation for the Board of county commissioDers to partlcipEte in fire consolidation negotlations with East Naples 8nd Golden Gate Fire control &nd Rescue Districts to d€velop appropriete and effectiv€ lines of communication and cooper8tion with EMS and to determine the level of EMS involvement after consolidation and for the board to deslgnate a BCC representatiye to participate on its behalf with the county Manager and aPpropriate staff and to direct the County Mcnager to negotiate with Esst Naples and Golden Gate Fire Districts to release lire plan review and inspection responsibilities to the Growth Management DiYision. oBJECTIVE: To provide more efficient fire and medical services with fire consolidation that resident voters demanded in 2010 and to engage EMS as part ofthe process' GoNSIDERATIONS: Creating a medical based fire rescue u.ill generate geater efficiency in both fire/medical and fire calls as 70 to 80 percent of fire calls are related to medical emergencies. The East Naples and GoldeD Gate Firc Control and Rescue Districts have begun wolkiDg togethel on a 2014 fire consolidation plao, with NNFD responding to the Board of County Commissioners call for action on tbis matter at the April 9, 2013 meeting, ald participating for a Potential futule mergel. Florida statute 189.4042 (Special Districts: General Provisions) sets forth a timeline for fire consolidation referendums and a consolidation plan would need to be comPleted by tle end of August 2013. Within five busioess days after the goveming bodies aPprove the resolution endorsing ttre proposed joint merger plan, the goveming bodies must cause a copy ofthe proposedjoint mergel Plan and set times and locations for one or more public heariugs in each district on the ploposed joint merger plan. within 60 days ofthe final public hearing, the governing bodies of each comPoneDt independent special districts may ameod the proposed joiot mergef, Plan. FISCAL IMPACT: To be determined. GROWTE MANAGEMENT IMPACT: Tbere is no Growth Management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This itern is leglly srfficient, and rcqrues a majority vote for Board action. RECOMMENDATION: For the Board of County CommissioneE to Participate in fire consolidation negotiations with East Naples and Golden Gate Fire Control aad Rescue Districts to develop appropriate and effective lioes of communication and cooperation with EMS and to determine the level of EMS involvement after consolidation and for the board to designate a BCC l?Iesentative to participate on its behalf with the County Manager and appropriate staff aDd to dilect tle Counry Maaager to negotiate with East Naples and Golden Gate Fire Districts to lelease fiIe Plan review and inspection responsibilities to the Growth Management Division' PREPARED BY: Commissioner Tom Herning Packet Page -278- EXECUTTVE ST]IVIMARY 6t11t2013 10.E. COLLIER COUNTY Boatd of County Commlssloners Item Number: 10.10.E. Item Summary: Recommendation for the Board of county commissioners to participate in fire consolidation negotiations with East Naples and Golden Gate Fire Control and Rescue Districts to develop appropriate and effective lines of communication and cooperation with EMS and to determine the level of EMS involvement after consolidation and for the board to designate a BCC representative to participate on its behalf with the county Manager and appropriate staff and to direct the county Manager to neSotiate with East Naples and Golden Gate Fire Districts to release fire plan review and inspection responsibilities to the Growth Management Division. (Commissioner Henning) MeetinB Date: 6l7l/2OL3 Prepared By Name: SmithCamden Title: Executive Aide to the BCC 6/412013 8:41:08 ANI Submined by Title: Executive Aide to lhe BCC Name: SmithCamden 6/412013 8:41:10 ANI Approved By Name : SheffieldMichael Title: Manager-Business Operations, CMO D^ie.. 614/2013 I l:00:32 AM Name: KlatzkowJeff Title: County Attorney Date: 614/2013 12:18:12 PM Name: Pricelen Title: Administrator, Administrative Services Packet Page -279- 6t1112013 10.E. Date: 6/412013 I :02:36 PM Name:PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Manag Datei 614/2013 1:29;25 PM Name: KlatzkowJeff Title: Counry Atbmey Date: 6141201 3 3:40:02 PM Name: SheffieldMichael Title: Manager-Business Operations, CMO Date: 614/201 3 4:52:20 PM ^* Packet Page -280- Proposed Agenda Changes Board of County Commissioners Meeting fune 11,2013 Add-Onjlem l0F: Discussion of correspondence betwecn North Naples Firc Control and Rescue District, East Naples Firc Control and Rescue District and Goltlen Gate Fire Control and Rescue llistrict regarding potential mcrgcr opportunities, (Commissioner Hiller) Withdraw Item 16A9: Rccommendation to approve the development and exccution of Tcmporary- Beach Restoration Easemeuts (TBRE) with beachfront properfy owners for the FYl3/14 Vanderbitt, Park Shore and Naples beach renourishmcnt program ard reaffirm the existing Board of Coune Commissioners' policy that no renourishment will occur landward of the Erosion Control Lirre (IiCL) on private propcrty without an cxecutetl Temporary Beach Restoration Easement (TBRE), authorize the Chairwoman to execute Resolution for TBRE, and make a frnding that this Project and expenditure promotes tourism. (Staffs request) Continue Item 16Gl to the-June 25.2013 BCC Meetins: Recommendation to approve the attnched Standard tr'orm Lease Agreement between Southern Illinois Custom Aerial, LLC and the Coltier County Airport Authorify for improvctl property at the Immokalee Regional Airport. (Airport Authority Staff Request) Time Certain Items: Item l4Al to be heard at 10:30 a,m., followecl by ltems 14A2, 1443, 14A4 and l4A5 6llLl70t18t47 AM June 11,2013 COMMISSIONER TI,NNING: AYe. CHAIRWOMAN HILLER: Motion carries unanimously. Item #10E THE BOARD OF COUNTY COMMISSTONERS TO PARTICIPATE IN FIRE CONSOLIDATION NEGOTIATIONS WITH EAST NAPLES AND GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICTS TO DEVELOP APPROPRIATE AND EFFECTIVE LINES OF COMMUNICATION AND COOPERATION WITH EMS AND DETERMINE THE LEVEL OF EMS INVOLVEMENT AFTER CONSOLIDATION AND BOARD DESIGNATE A BCC REPRESENTATIVE TO PARTICIPATE ON ITS BEHALF WITH THE COUNTY MANAGER AND APPROPRIATE STAFF AND TO DIRECT THE COUNTY MANAGER TO NEGOTIATE WITH EAST NAPLES AND GOLDEN GATE FIRE DISTRICTS TO RELEASE FIRE PLAN REVIEW AND INSPECTION RESPONSIBILITIES TO THE GROWTH MANAGEMENT DIVISION - MOTION FOR COMMISSIONER MNNING TO BE REPRESENTATIVE _ APPROVED; MOTION FOR COUNTY MANAGER TO WORK WITH STAFF AND ALL FIRE DISTRICTS TO DEVELOP INTERLOCAL AGREEMENTS - APPROVED MR. OCHS: Item 108 is a recommendation for the Board of County Commissioners to participate in fire consolidation negotiations with East Naples and Golden Gate Fire Control and Rescue Districts to develop appropriate and effective lines of communication in cooperation with EMS and to determine the level of EMS involvement aftei consolidation and for the board to designate a BCC representative to participate on its behalf with the county manager and Page 168 June l l, 2013 appropriate staff and to direct the county manager to negotiate with fait Naples and Golden Gate Fire Districts to release fire-plan review and inspection responsibilities to the glowth management division. This item was brought forward by Commissioner Henning. CHAIRWOMAN HILLER: Commissioner Henning, before you begin, can I ask if you would not mind bifurcating 10E into two items so that they can be voted on separately, because they're really two separate issues. One is, the -- you know, a representative to participate in the fire consolidation negotiations, and the second being u ncc."presentative and county manager to negotiate the release of fire-plan review and inspection responsibilities to growth management. COMMISSIONER IIENNING: Yes, that's not a problem. Let me start out with the first one. CHAIRWOMAN HILLER: OkaY. COMMISSIONER I{ENNING: That's East Naples and Golden Gate Fire and Rescue. The -- I've been in numerous communications with fire commissioners from North Naples, East Naples, and Golden Gate, and I believe that East Naples and Golden Gate is doing a very noble job of trying to consolidate and provide a great service to the constituents. And I would like for the Board of Commissioners, by participating, to give it some recognition, because that's going to be on the2014 ballot. This has really -- I don't want to get anybody confused. I don't want you to think that the county is negotiating for that consolidated distriit to take over EMS, okay' The fire service, they provide the same and similar services the county does under EMS. The leadership in East Naples and Golden Gate, on this particular issue, through the leadership of the chief, is doing a great job. Furthermore, North Naples is participating in discussions, and the Page 169 June 11,2013 two other boards have agreed to allow them to participate. I think that's -- at the end of the day, by us getting involved, again, it's going to give it some credibility, and I think maybe we can corn" rp with some response times and -- for medical calls and so on and so forth. And I know that Golden Gate wants to, in the future, enhance their service that they provide. CHAIRWOMAN HILLER: Well, I've got two lights on; Commissioner Nance and Commissioner Fiala would like to speak, and we have public speakers. But I would like to recommend for the board's participation that we have a representative for that as well, and I personally would like to recommend you. Because of having been a fire commissioner, you understand how these districts operate. So I'd like to make a motion that we do participate through a representative, that being you, but obviously you bring everything back to us so, you know, we can, you know, participate in the decision-making process to the extent we have any involvement, which I'm not sure how much direct involvement we can have because it's outside of our jurisdiction. But to be -- to have a seat at the table does make a lot of sense. So I make a motion to recommend that you be the person. COMMISSIONER FIALA: I'll second it. CHAIRWOMAN HILLER: Okay. Do we have speakers on that portion, just on that portion of the discussion? N/R. MILLER: I'm not sure. You have one registered speaker. That's Orly Stolts. CHAIRWOMAN HILLER: Orly, would you like to speak now on this issue? And then you can speak on the second half as well. MR. STOLTS: Thank you, Commissioners. For the record, Orly Stolts, fire chief of North Naples Fire District. One of the things I wanted to do is just bring you up to speed on where we are today. Page 170 June 11,2013 Approximately six weeks ago, maybe two weeks ago, I believe it was Commissioner Henning that made the motion to approach -- send a letter to the North Naples Fire Commission for us to see if we couldn't get into the consolidation talks with East Naples and Golden Gate. That letter did come to us from the chair. We talked it -- discussed it at a fire commission meeting, and they voted unanimously to move forward with that particular letter to the two fire districts that were talking about consolidation. Just recently -- and I'm not sure whether you've had an opportunity to see the letter -- we -- CHAIRWOMAN HILLER: I forwarded it. It is on the agenda today as Item 10F. And so, in effect, we're dealing with 108 and 10F jointly. But I did forward the letter that you sent to the county with respect to that, and it is in the agenda packet. MR. STOLTS: And I believe it was either Friday or Monday I forwarded you the -- yes, I forwarded all of you the response letter from both districts back to our letter of our willingness to not interfere with what they've got going on now but the ability to sit at the table for the consolidation discussions. The letters that we received back -- hopefully you've had an opportunity to see those. But in one particular case Golden Gate said that they felt that that would be something that they could entertain with us having a liaison, I believe was the term that they used, sitting in on the discussion. The other letter from the East Naples Fire District basically said, thanks, but no thanks. So I'm not sure -- Commissioner Henning, you had stated that they both said that they'd be willing. That's not the case, according to the leffers that we have received, unless you got a different letter from them stating something different than that. So -- COMMISSIONER I{ENNING: It was just oral correspondence. Page l7l June 11,2013 MR. STOLTS: Okay. Well, I have forwarded you the written correspondence from both districts letters. CHAIRWOMAN HILLER: We have Kingman here. Would you mind? We'll stop your clock, but can we just get some clarification? MR. OCHS: Madam Chair? CHAIRWOMAN HILLER: Chief? MR. OCHS: Forgive me. But it seems like we're mixing the next item with -- CHAIRWOMAN HILLER: We are. MR. OCHS: -- this item. CHAIRWOMAN HILLER: But it's okay, because what I'm going to do is dispose of that item by saying it's done. MR. OCHS: Thank you. CHAIRWOMAN HILLER: So no worries there. MR. PAGE: Commissioner, for the record, Jeff Page. I'm the chairman, and I sent the letter, so I'd probably be better to speak to it. CHAIRWOMAN HILLER: Sorry. Thank you very much for saying that. MR. PAGE: We didn't really say thanks, but no thanks. We've had North Naples'participation from the very beginning. What we did say is that we did not want to jeopardize what we're moving forward through. So, Orly, I'm really surprised that you would say that. Commissioner Burke's been involved from the very beginning. MR. STOLTS: Well -- COMMISSIONER IIENNING: Well, there we go. We heard it from the chairman that we want you to participate, and it was a misunderstanding. Thank you very much. MR. PAGE: You're welcome to attend. They have been attended. Commissioner McMahon has met with that group. But what we did say is they were not interested in the tri-merger Page 172 June 11, 2013 at this point. There's some legal issues that require us to put a plan together. That plan's done. And so to try and bring them in right now, we think it would not meet the deadline, and my board voted not to pursue the tri-district. It's not to say we don't want to merge. We do. CHAIRWOMAN HILLER: My understanding is, if I may, that the issue, from what I've heard, is that there's a concern that if three districts try to merge and if one district objects to the merger as proposed, that it basically causes the referendum to fail, and then we have to wait another two years. So I think -- my understanding is is that the intent is to go incrementally and not, under any circumstances, to transfer EMS prior to a full consolidation. You know, I know that North had been interested in that. My understanding, from hearing from the board over the course of the past few years, is that the board is only interested in transferring to a fully consolidated fire district that's countywide as opposed to transferring it to East or transferring it to North. Like, one district is not going to be chosen over another for an EMS transfer, is my understanding. Is that yours? MR. PAGE: That's exactly correct. The attorney said not to do three. CHAIRWOMAN HILLER: But not only not to do three, but also not to transfer EMS to either East Naples or to North Naples outside of the county or to bifurcate EMS with respect to any particular jurisdiction, by jurisdiction. MR. PAGE: We're not askin; for EMS, Commissioner. CHAIRWOMAN HILLER: Right. No, and I'm just clarifying that for the record, because that was an issue that I heard discussed, and I want to make sure that that's clear that that isn't what the intent is. But here's the bottom line. I mean, the point is, you're at the start Page 173 June 11,2013 of negotiations, at the start of discussions, so who knows where this will lead. But you've stated your opening position. You understand it. They want you at the table; Commissioner Henning is right. So, you know, with Commissioner Henning as the liaison for the board, you should go talk and run the numbers. And the most important thing is, you know, to improve the level of service and save costs concurrently. And if you can do both those things, that's out of this world. If you can maintain level of service and cut costs substantially, then it makes sense again. But what you don't want to see is merely a shifting of costs and no improvement in service, because then you haven't achieved anything. MR. STOLTS: And I just want to clarify. Perhaps I used the wrong term in "thanks, but no thanks," but our question in our letter to them is, did you want a representative from North Naples being involved in. Now, it's one thing to come to the meetings and sit there and listen, but I think our opinion was to be involved and have a representative in the consolidation talks representing the North Naples Fire District. MR. PAGE: Commissioner McGowan has been there when Commissioner Gary and Commissioner Hemping have had those meetings. Commissioner Burke, Commissioner Garrity, and I have met numerous weeks before we'd even started, so -- MR. STOLTS: I understand that, but I don't think that was the intent of our commission's position. It was more of an official role sitting on that. So, anyway, we have the letter from both departments on our upcoming commission meeting this Thursday. ['m sure the board will discuss that and clarify what they think it says. CHAIRWOMAN HILLER: Commissioner Page, could you clarify your district's position and eliminate the ambiguity that seems Page 174 June 1l,2Ol3 to be coming out of the first letter that was written so that they know that they have a speaking position at the table? MR. PAGE: Well,I actually told Commissioner McGowan in a meeting that I had with him and Chuck McMahon that we want them there. We do want them to observe the process. They clearly seem to understand. I thought -- CHAIRWOMAN HILLER: Well, I don't think they want to observe. I think they want to participate. MR. PAGE: Well, again, they can participate in the discussion of the two districts that we're currently merging, but we're not interested in doing a tri-county merger at this time;just the two, Golden Gate, East Naples at this point. CHAIRWOMAN HILLER: OkaY. MR. STOLTS: And I think that clarifies my position' CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: Yes' I have the utmost confidence in the group working on this project. MR. PAGE: Thank You. COMMISSIONER NANCE: I think you have a wonderful group of professionals. I would be delighted to support Commissioner Henning to be the board's representative to do it. I think he's got the ability to be a great consensus builder. I really hope that we don't continue this discussion today, because I don't think this forum -- I think all of you have things that you can work out together. I don't really think you need to be doing it here today. I really entrust you-all to get together. Chiel you're here. You know, you've got great fire chiefs that have been elected with tremendous skills. You have great fire chiefs; you have great boards. I look forward to it, and I certainly support Commissioner Henning in his role. Page 175 June I1,2013 CHAIRWOMAN HILLER: Commissioner Fiala' COMMISSIONER FIALA: Yes, as I do; that's why I seconded ir. CHAIRWOMAN HILLER: Great. COMMISSIONER FIALA: I feel he'll do a good job' I also was impressed that you had reached out to Commissioner Henning, that everybody had. But I'm a little bit sad because I'm your representative in East Naples, and you never reached out to me. I didn't even know this was going on. So it's kind of a shock to me that I'm learning that you've reached out to others but not to me, your own person, and yet North Naples, I have to say, they come in what, every month, come and see me, just bring me up to date about what's going on. Kingman will come in if I call him but, otherwise, I don't know what's going on. CHAIRWOMAN HILLER: Let me make a recommendation on that, because I think it's really important that the fire districts communicate with the commissioners in each of their districts without fail. I think all the commissioners for each district should get a full briefing from their fire district chief and chair jointly, both the board and staff, not just staff, but the board and staff, and sit down with the commissioners of that district and say, okay, this is your district, this is what we're doing with fire, this is our position in consolidation so what happened to Commissioner Fiala doesn't happen again. COMMISSIONER FIALA: Thank You. CHAIRWOMAN HILLER: And there is no sense that there's anything going on, you know -- COMMISSIONER FIALA: I did have a call from the union- They said, do you have any questions? Well, I didn't know there were any questions to ask. I didn't realize something was going on. So I said, no, no, everything's fine. Page 176 June I l, 2013 CHAIRWOMAN HILLER: So if we could modify the motion' I mean -- and this is really hard to put into a motion, because this is really us requesting the chiefs and the chairs to communicate with us, and -- MR. PAGE: Commissioner, can I please respond to that? CHAIRWOMAN HILLER: Sure. MR. PAGE: I did not reach out to Commissioner Henning. He contacted me. COMMISSIONER FGNNING: Correct. MR. PAGE: Now,I am on your agenda -- or I'm on your schedule for Monday the 24th, and that's the soonest I could meet with you. But I was coming to see you. I'm not trying to keep you in the dark. COMMISSIONER FIALA: Thank You. MR. PAGE: And I know that Kingman met with you, and I thought he had a pretty regular schedule with you. But I certainly wanted to go over it with you. I didn't want you to be blindsided. COMMISSIONER FIALA: Well, thank you. I appreciate that, yeah. I would just like to know about things before I go into a meeting. MR. PAGE: Very rapidly did this -- it just happened, so -- COMMISSIONER FIALA: Thank You. MR. STOLTS: And, Madam Chair, I'll be more than happen to meet with the three county commissioners that represent the North Naples Fire Control and Rescue District. CHAIRWOMAN HILLER: Please. I think it's important, and please ask your chair if they would do the same. And with Commissioner Coyle, I'm hoping, you know, the city will reach out to him. I know their relationship is close. And Commissioner Nance, You know -- MR. STOLTS: Commissioner Coyle also represents -- Page 177 June 11,2013 COMMISSIONER NANCE: Yes,I just wanted to say one more thing before we leave this discussion. Simply because the other independent fire districts that are not involved in this greater discussion -- [ mean, you're to the point now where you're having a discussion, you're mentioning three, but we also have Big Corkscrew lsland, and we also have Immokalee. So without pushing anything forward, I just wanted to say one thing that, ultimately, my concern is our goal is to have a unified first-response effort. And the eastemmost part of the county and the greater part of my district is the part that's the most difficult simply because of distance and the vast area that it covers. So having response times out there and getting the service that needs to be provided to the people there is the most challenging; likewise, because of the tremendous difference in demographics out there, the financing of service in those areas is, likewise, the most challenging. So I just wanted to let everybody know that that's going to be on my mind, and I hope in the larger scope -- not to jump over anything, but in the larger scope, that people give serious consideration as to how, when we reach our ultimate goal, we're going to try to deal with those greatest challenges, which is the size of our county and the distance we have to traverse. So thank you very much. I fully support what you're working on. COMMISSIONER FIALA: And we can include Ochopee in that. COMMISSIONER NANCE: AbsolutelY. CHAIRWOMAN HILLER: Right, exactly. And nothing would be worse than to see, for example, a merger between, you know, North Naples, East Naples, and Golden Gate, and your districts left out in the cold. COMMISSIONER NANCE: It would be Chapter 11 and Page 178 June 11, 2013 disaster, you know. CHAIRWOMAN HILLER: It would be absolutely terrible. So just, as these discussions begin, please keep that in mind and, you know, consider incorporating the other fire districts appropriately so, you know, the service isn't compromised at the end of the day. Thank you. So with that, we have a motion and a second on the table to appoint Commissioner Henning as the representative to negotiate -- or to work with the negotiating fire districts which include Golden Gate Estates, East Naples, and North Naples. Does that include the annexation discussion as well, Commissioner Henning? COMMISSIONER FDNNING: No, we already directed staff to CHAIRWOMAN HILLER: To work on that. COMMISSIONER IffiNNING: -- work on that. CHAIRWOMAN HILLER: So staff is working on that annexation discussion independently, and that won't be part of this merger discussion? MR. OCHS: Correct. COMMISSIONER I{ENNING: Correct. CHAIRWOMAN HILLER: Thank You. So we have a motion and a second. All in favor? COMMISSIONER COYLE: (No verbal response.) COMMISSIONER FIALA: (No verbal response.) CHAIRWOMAN HILLER: (No verbal response.) COMMISSIONER NANCE: AYe. COMMISSIONER I{ENNING: AYe. CHAIRWOMAN HILLER: Motion carries unanimously. The next part of 10E, Commissioner Henning, involves the Page 179 June 1l,2Ol3 potential transfer of fire-plan review and inspection responsibilities to growth management by East Naples and the Golden Gate Fire Districts. COMMISSIONER HENNING: Yeah. I'd like to hear from Chief Schuldt on that -- Orly Stolts. And by the way, have you met Kingman Schuldt? CHAIRWOMAN HILLER: I have. COMMISSIONER IIENNING: Isn't he great? CHAIRWOMAN HILLER: He is. I had the pleasure of meeting him a number of times in my office, and it was a pleasure working with him. In fact, he came to me on many different subjects, but the one that really got us involved was the discussion of the annexation. So yeah, absolutely. COMMISSIONER FIALA: Annexation? CHAIRWOMAN HILLER: The annexation of Fiddler's Creek into East Naples, the one that Leo is working on with the advisory board and with their staffs. Yes, sir? MR. STOLTS: Okay. Commissioners, for the second half of 10E -- again, Fire Chief Orly Stolts, not to be confused with Kingman Schuldt from the East Naples Fire District. The second part of it -- of this particular line item was talking about plan review. We just want to make sure that the North Naples Fire Dlstrict is taken into consideration if there's going to be coming to the table, if you will, talking about plans review. For the last 10, 15 years in this county the North Naples Fire Control and District (sic) has experienced over 50 percent of the total plans review and -- plans reviews and inspections that were done in all of Collier County, so we have a vested interest in this. We are, if you will, the majority of the county -- the construction has been going on in our county (sic). So if we're going to sit down at Page 180 June 11, 2013 the table and discuss this or negotiate this in any way, we would ask that you would keep North Naples Fire District in mind to be able to sit in on those discussions. And then somewhere along here, we've left out the -- a portion of EMS involvement after consolidation. That's something that is very near and dear to our heart. You know that we are -- there's only two ALS providers in Collier County. Collier County EMS is the ALS transport provider, and we are the ALS nontransport provider. As a matter of fact, as North Naples Fire District ALS provider, we are the largest ALS nontransport provider in the State of Florida. So we feel also that we have a place at the table if you want to talk about the future of EMS here in Collier County. I thank you very much for your time. CHAIRWOMAN HILLER: CommissionerFiala, would you like to comment? COMMISSIONER FIALA: Yes. CHAIRWOMAN HILLER: Could you stay up there. COMMISSIONER FIALA: Yes, both of them. First of all, I like everything you've said. The second thing is, with the ALS, I'm hoping that that ALS privilege is expanded to others as well. It's kind of hard for you to shoulder all of them yourself, but you do a great job. I feel that some of the others would probably like to participate in that, and I hope it's moving forward. But my third thing is, I would love to check, but I haven't been able to now, as to how things have gone for you with your -- with your inspection reviews for businesses there. I must say that our -- the stuff in East Naples has been rather cumbersome, and if there's a way to show that yours has been a smoother process, well, I would like to know that, because if we can do better for the businesses -- we're trying to encourage businesses to grow; we're trying to attract them to this area. And if you have a better process and can -- and it can be an Page 181 June 11, 2013 advantage to new businesses wanting to come our way, then I'm all for it, but I would just need to know that that's the case. Thank you. CHAIRWOMAN HILLER: Commissioner Nance? COMMISSIONER NANCE: Yes. I will tell you in my opinion, after talking to constituents, my limited service on your behalf, I believe that consolidation of fire-plan review and inspection and permitting in Collier County is probably, second only to first response consolidation, an important thing for our community. I will tell you, I don't think it's any secret, if you talk to the business community, having it remain the way it is is not efficient. It's a nightmare. [t's resulted in literally millions of dollars of duplicate -- duplication of effort, and time delays in getting businesses open, of buildings built, improvements made. So I fully -- I fulty endorse a consideration. I'm very' very happy that it's bifurcated. I think it's a separate but very important issue, and I look forward to everybody working together on getting these two things under one roof and working smoothly in a coordinated fashion for everybody's benefit. COMMISSIONER FIALA: I meant to say Growth Management Division handling that. ['m so sorry. I'm giving it all to North Naples. I didn't really mean that. COMMISSIONER ffiNNING: Madam Chair? CHAIRWOMAN HILLER: County Attorney? Can I just ask a quick question, County AttorneY? COMMISSIONER HENNING: Sure,I'd just like to talk on my item when you get a chance. CHAIRWOMAN HILLER: Yeah, go ahead. COMMISSIONER HENNING: The reason I brought this forward, North Naples Fire Department, the fire commissioners directed staff to look at bringing their permitting reviews in-house. Page I82 June 11,2013 That's my understanding that's still going forward. CHAIRWOMAN HILLER: Oh, I don't know. COMMISSIONER IDNNING: Now, to -- I would -- I would like to have something in writing with the North Naples Fire Department if that has changed, because I just talked to commissioners from North Naples as of Friday; that hasn't changed. CHAIRWOMAN HILLER: Which commissioners? COMMISSIONER I{ENNING: Commissioner McGowan, Commissioner Burke, Commissioner Feder. CHAIRWOMAN HILLER: Okay. COMMISSIONER I{ENNING: So -- ANd I thiNK thAt'S important. If that happens, that leaves the other fire districts not with anybody to do the review. COMMISSIONER FIALA: But you had a great idea to put them under growth management. I think that should definitely happen. COMMISSIONER HENNING: Well, we can't do that. All we can do is, you know, talk, negotiate, and hopefully there's cooperation. The direction would be, to the county managers, to have his staff communicate with the independent fire districts to offer fire-plan review and inspections. And that's -- now, there's a lot of issues with that. They're fire inspectors, some of them are firefighters. They make a different salary than our inspectors. So that's something that is going to have to be discussed with staff at, you know, both levels. CHAIRWOMAN HILLER: If I may. County Attorney, can we legally bring fire inspection and review in-house in light of the fact that the liability rests with the fire chiefs, or at least that's my understanding is that, ultimately -- MR. KLATZKOW: Well, you can. For an interlocal agreement with the fire districts, you know, set up an in-house review of it' CHAIRWOMAN HILLER: But can they -- can they -- Page 183 June 11,2013 MR. KLATZKOW: Which is what I think Commissioner Henning was getting at. CHAIRWOMAN HILLER: Can the chiefs -- and, again, this is a legal question, I think, more for the chiefs to answer, but I think we need to answer it as well. Do they have the ability to delegate that authority to someone outside of them to do that review? MR. KLATZKOW: Again,I believe by interlocal agreement we can work this out if this is what everybody wants to do. CHAIRWOMAN HILLER: OkaY. COMMISSIONER HENNING: Madam Chair? CHAIRWOMAN HILLER: Yeah. COMMISSIONER FIENNING: It does need oversight of the fire district. CHAIRWOMAN HILLER: OkaY. COMMISSIONER HENNING: And I'm fully aware of that, and so is our staff, and I think it could happen' CHAIRWOMAN HILLER: Okay' I mean, I -- I think it's definitely worthy of exploration, and it's certainly a very good question to bring uP. So I'd like to make a motion to direct the county manager to have staff work with the various fire districts, both the commissioners and staff, to see if it would be possible to establish interlocal agreements to allow for consolidation of fire-plan review and inspection responsibilities to be under growth -- under the growth management division, and maybe the county attomey would like to participate in assisting staff to make sure that, you know, we're looking at everything from a correct legal perspective. COMMISSIONER NANCE: If that's any and all districts, I will certainly second that. CHAIRWOMAN HILLER: It is all districts. COMMISSIONER NANCE: I second it. Page 184 June 11,2013 CHAIRWOMAN HILLER: There -- Commissioner Henning, any discussion on that? COMMISSIONER HENNING: No, ma'am. CHAIRWOMAN HILLER: Thank you for bringing that forward. All in favor? COMMISSIONER COYLE: (No verbal response.) COMMISSIONER FIALA: AYe' CHAIRWOMAN HILLER: (No verbal response') COMMISSIONER NANCE: AYe' COMMISSIONER IIENNING: AYe. CHAIRWOMAN HILLER: Motion carries unanimously. Item #10F DISCUSSION OF CORRESPONDENCE BETWEEN NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT, EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT AND GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT REGARDING POTENTIAL MERGER OPPORTUNITIES - MR. OCHS: Madam Chair, that takes us to the add-on item' l0F. You were going to dispose of that, perhaps. CHAIRWOMAN HILLER: Yes. It has been disposed of. The letter that is in 10F was addressed in 10E and was discussed in lOE both by North Naples and by the board, so I think that the matter is settled. No action required. Item #134,1 - (Consent Agenda Item #16E4) RECONSIDERATION OF ITEM #16E.4 ON YOI.]R AGENDA Page 185 H Section H Board Minutes Operations and Management of County’s dependent Districts December 9, 2014 December 9,2014 COMMISSIONER HILLER: That this is -- that they will be submitted jointly. CHAIRMAN HENNING: Any further discussion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signiff by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: AYE. COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Opposed? Q.Jo response.) CHAIRMAN FIENNING: Carries unanimously. MR. DORRILL: We're headed to city hall. Thank you, again, CHAIRMAN FIENNING: Our last item. MR. OCHS: I wish. CHAIRMAN HENNING: Our last item? MR. OCHS: We're getting close, sir. We have one other one under CRA after that. CHAIRMAN HENNNG: Oh. MR. OCHS: And we have a public hearing under 98. Item #1lB DIRECTION ON PROPOSED OPTIONS FOR OPERATIONS AND MANAGEMENT OF THE COLINTY'S DEPENDENT FIRE DISTRICTS - MOTION DIRECTING STAFF TO BzuNG BACK AN AGREEMENT FOR GREATER NAPLES FIRE AND RESCUE DISTzuCT TO MANAGE THE FIDDLER'S CREEK AREA _ APPROVED; MOTION DIRECTING STAFF TO ISSUE AN Page l19 December 9,2014 INFORMAL BID FOR SERVICES AND BRING BACK COMPARABLE PLANS WHILE MAINTAINING CURRENT STAFF _ APPROVED MR. OCHS: So I lB, Commissioners, is a recommendation to provide direction on proposed options for operations and management of the count5r's dependent fire districts. Ms. Price, your Administrative Services Administrator, willtake you through those options. MS. PRICE: Good aftemoon. Good afternoon. For the record, Len Price, Administrative Services Division Administrator. In September you asked me to come back to you with alternatives and options for the Isles of Capri Fire District and to include as part of those options the potential to consolidate all of our fire districts, and that is what I have done for you. In doing this, I tried to include all of the stakeholders, including the advisory boards of both of the fire districts, the citizens, and spoke to the fire districts themselves. Your Isles of Capri Fire District Advisory Board has provided their opinion that they would like to stay exactly as they are, and they're willing to pay the cost of doing so. Your Ochopee and Everglades City residents have indicated the same. The union representatives are all in favor of consolidating the four fire districts, or at least two of the four fire districts, and I think that -- CHAIRMAN HENNING: What four fire districts? MS. PRICE: Your four fire MSTUs, I'm sorry,.I misspoke. That would be Ochopee, Isles of Capri, Dishict l, and the Goodland/Horr's Island. What I've tried to provide for you is the gamut of options that are open to you. And I've divided them into, essentially, three categories. The first would be, you could call it, maintain or take no action, which Page 120 December 9,2014 would leave the MSTUs essentially as they are and would require, in some instances, to increase taxes. The second series of options would be consolidation of the county's fire MSTUs, and there's a number of ways in which that could be done. Currently your District I is partially contracted out to the Greater Naples Fire District, your Goodland MSTU is entirely contracted out to City of Marco Island and, of course, we have the two districts. There is a number of ways that we could consolidate those under a number of different scenarios. And the last category of options would include some form of outsourcing which could be done either through an interlocal agreement or, if you chose, you could go down the route of an RFP and put it out in the open market and see if other agencies and/or companies would want to do that. I did not give you a whole lot of information on any one of these because they were so wide and so varied that I wanted you to start to give me some direction as to how you wanted to take this before I did that. There are some considerations I thought you might want to take into account, things like local institutional knowledge. Everybody in all of the districts wants to ensure that they have high level of service, at least as good as what they're getting currently. There's tax rates to be taken into consideration, job stability for the folks who are working out there to include their pension benefits, their rank, their seniority, et cetera. Obviously, all of these districts need to be reserved for capital and for replacement for contingencies that come up, and there's opportunities to share resources. Fiscal impacts are as wide-ranging as the array of options are. What I've given you, just for your reference, is where we are today. Page 121 December 9,2014 Isles of Capri is at 2,2 mills; Ochopee is at 4. Please keep in mind that in the upcoming year we're going to be also assessing the loan payment that you approved a few years ago for the building of the Port of the Islands station as well as some breathing apparatus that we financed, so that will be added on top of the 4 mills in the Ochopee district. District 1 is taxed currently at 2 mills, and the Goodland/Horr's Island MSTU is at 1.2760. So that's where we are today. Depending on how you want to make any changes, some of those rates could stay the same. The Isles of Capri could go as high as 3 mills. Again, there's a wide range of what you can do, depending on the direction that you tell me that you want to take. With that, I can answer some of your questions. I believe that you've got some public speakers to consider. And at the end of the day, I am hoping that you will give me some direction, maybe one or two options that you would like to See me come back to you with more meat, with timetables, with -- you know, with all of the steps that would be involved in making those a reality. CHAIRMAN HENNING: Do you have the maps of the different districts that you're speaking about? MS. PRICE: I don't have them with me, but I could obtain that' CHAIRMAN HENNING: Well, I'm familiar with it, and I think the board needs to be familiar with it before it considers District 1, and the reason is, is you have other fire departments that services, actually contracted, we provide funding for those services to the district. MS. PRICE: That is correct. CHAIRMANHENNING:Yeah'Andthatwasn'tsharedwith the board. So what happens with those, you know, agreements and sharing of the pot for covering District 1? Page 122 December 9,2014 MS. PRICE: Actually, in the options that I provided you, we could either leave that the same as it is today, or we could roll those back into the county's -- as a consolidated district. We could look at that. But I did try/ to provide both options when I did the calculations. And the calculations that I provided to you in your packet were really just for demonstration purposes to give you kind of a scope of the changes that you would see. I used today's budgets and today's taxable rates. Obviously, moving into the future, both of those are going to change. But because it was too difficult to determine how each of them would change, I thought if we just looked at what things would look like if we implemented those changes. Given today's set of circumstances, you could see a magnitude of change that we're talking about. CHAIRMAN FDNNING: What page could I find the fiscal statement if we roll District 1 into the four districts? MR. OCHS: Commissioners, this was Attachment I in your executive summary. I apologize for the small type, but there's a lot of data that we're trying to capture here. I'll ask Ms. Price to point out those areas, Commissioner Henning, that you're referencing. MS. PzuCE: Commissioners, when you look at the consolidated fire service single rate without parts of District I and Goodland, what I was trying to say there is that would be what we would have to raise as county funds assuming that we left those two contracts in place. CHAIRMAN HENNING: Okay. I got the page. Which item? Point your finger at it again. That's where it says -- is that -- MS. PRICE: It's your second set of numbers. CHAIRMAN HENNING: Okay. The second column. The second set of columns. MS. PRICE: Yes, the second set of columns. So up here at the top -- MR. OCHS: Just the third line down. There you go. Page 123 December 9,2O14 MS. PzuCE: District I currently at 2 mills, we receive S306,000. Of that, only 135,500 stays with the county. The rest of it is paid to -- it had been divided between the two districts. And now that they're all one, it would all go to Greater Naples. CHAIRMAN HENNING: It's not that significant of monies. Have you -- was there any thought or discussions about rolling in the dependent districts into EMS? MS. PRICE: Commissioners, we were talking -- at the time I got my direction, you were talking options for the Isles of Capri Fire District, and so as part of what I did, I did not include EMS. If that's your desire, I could certainly go back and look at some of that. Rolling EMS into the fire districts isn't as black and white as the fire districts themselves because they don't have a specific taxing amount, so we'd be looking at their -- at their budgets and how they would be funded as part of the General Fund, including with their revenue and et cetera. So it's not an apples-to-apples type of a comparison and, you know, for a number of reasons I left that off the table for right now until you gave me direction otherwise. CHAIRMAN HENNING: Okay. Was there any type of discussion through this process, merging the two dependent districts into EMS? Did you have any discussions with anybody about that? MS. PRICE: Fire unions came to visit me, and they expressed that they would be in favor of doing something like that, but, you know, beyond that, that was the only conversations that were had. CHAIRMAN HENNING: There was no studies of -- MS. PRICE: Not as of now. CHAIRMAN HENNING: Not as of when we gave the direction MS. PRICE: Correct. CHAIRMAN HENNING: -- until present? Page 124 December 9,2014 MS. PzuCE: Correct. CHAIRMAN HENNING: Okay. Public speakers? MR. MILLER: Yes, sir. We have seven registered public speakers. Your first speaker is Phil Brougham. He'll be followed by Jean Kungle. MR. BROUGIIAM: Chairman Henning, fellow commissioners, my name is Phil Brougham, and I'm a resident of Fiddler's Creek. And, as you said, many of you said this morning, anytime you talk about fire, it's very complex. It's been a long almost three years since I've been trying to accomplish a goal and objective for 280 property owners in Fiddler's Creek and that is that we wish to be served on fire and rescue services by our closest fire station which now belongs to the Greater Naples Fire Rescue District. We've gone through two informal and one formal election of the residents in Fiddler's Creek, the property owners in Fiddler's Creek. We've voted consistently in excess of 90 percent to join the Greater Naples Fire District. I'm in support of consolidation. I'm in support of either Option 2 as presented by Len this moming, or this afternoon, or Option 3, But I also want to make a comment that this issue is more complex when you talk about the independent fire districts consolidating; I understand that. You have little to no control over that except to exhibit some leadership and urge people to get together and work out their issues. With respect to the dependent fire districts, it's totally within your control. And I believe you have an opportunity to set the stage and to show leadership and to move this ball down the road with some form of consolidation of these dependent districts. I think there's economies of scales to be attained. But having said that, the local billthat is sponsored by Greater Naples Fire this week was heard by the local delegation. It passed Page 125 December 9,2014 unanimously for them to annex the 280 properties in Fiddler's Creek. That bill certainly will be approved by the legislature. I can't see how there was any obstacle against that. However, if we follow that process, the govemor will not sign that bill until July probably. You're well into budgets. Then that bill, once it's signed, has to be affirmed by the affected parties, the 280 property owners in Fiddler's Creek, at a general election. When is that? That general election is in November of 201 6, well after you've already approved the budget for Fiscal '16l17. So we're -- even though we're following the process, we're faced with a potentialthat we would not be formerly joined with Greater Naples until20l8. What I'd like to ask you to do today is to consider taking some interim action, and that is to draft an interlocal agreement with the Greater Naples Fire District to start providing fire and rescue services to the 280 properties in Fiddler's Creek. It's inevitable we're going to join them. We'd rather do it sooner than later. Thank you. MR. MILLER: Your next speaker is Jean Kungle. She'll be followed by Ron Gilbert. COMMISSIONER FIALA: Could I ask a question while Jean is coming up? Can we do something like that? Can we start the process now? I don't know if it's Jeff or Leo that answers that. MR. KLATZKOW: Well, the answer's yes. COMMISSIONER FIALA: Because it seems like what everybody wants to do. MR. KLATZKOW: You can do that. I would suggest you do that by separate executive summary so the board has full information. But, yes, you can do that. COMMISSIONER FIALA: Okay. Maybe -- could you get that in motion for me? Is it you, Jeff, that would put it in motion, or Leo? MR. OCHS: No, it's me, ma'am. If the board votes to do that, Page 126 December 9,2014 that's what we'll do. You need to understand all the implications for your remaining Isles of Capri district if you do that, because their boundaries will change and their revenue streams will change as well. COMMISSIONER FIALA: I think -- actually, you know, we've been promising Fiddler's Creek all this time, we've worked with them closely, and I know that -- I know that Isles of Capri needs the money but, you know, that isn't the reason that we should not grant them the same rights as the rest of all of Fiddler's Creek have. Everybody else is served by the Greater Naples or East Naples Fire Department, and they all pay one millage rate, and then here's 280 properties that are served by another that's farther away and pay a higher millage rate, and I don't think that that's fair at all, and I would like to start that. I would make that motion to have you put something together and start the process for me. CHAIRMAN HENNING: Okay. There's a motion on the floor to direct staff to bring an item back. It would be a management agreement for Greater Naples Fire and Rescue to manage the remainder portion of Fiddler's Creek. COMMISSIONER TAYLOR: Second. CHAIRMAN HENNING: It's coming back, so there's no actual decision on this. It's not going to hurt. MR. KLATZKOW: There's a lot of information you guys need to digest, so it will be coming back. CHAIRMAN HENNING: Okay. Discussion on that particular motion? CommissionerNance? COMMISSIONER NANCE: I can't support the motion. I think that's just a little tiny interim step that's just going to make things worse. I'd like to propose something much broader than that' Everybody's afraid to talk about it; I'lltalk about it. We're nibbling around like this is some sort of a breakfast sausage or something. Page 127 December 9,2014 We're never going to get there unless somebody takes a big bite. So, I mean, I just -- I understand what Commissioner Fiala wants to do. And, look, everybody wants to make everybody happy, but we've got a situation with all these small districts where some people are paying one-fourth the tax rate as others. People are getting serviced by the fire station that's close to them that's not even supposed to be servicing them. This whole thing is insane, and it's a result of incremental growth of our community over time. It's not anybody's fault, but we find ourselves -- I think it's a very awkward dilemma' I think we need to do something a little more sweeping to get -- at least get the skunk out of the box here and get some legitimate conversations going on. I know we didn't get it in the last agenda item, but I'll make another motion. I can't support that motion. CHAIRMAN HENNING: We're going to have a little bit of discussion on this, so bear with us, please. So what would your thoughts be, Commissioner Nance, on the total package, I'm very curious, before I vote on the motion on the floor? COMMISSIONER NANCE: I would propose that we direct county staff to engage in discussions with the Greater Naples Fire and Rescue District to consider the options and the impediments to providing contract services for all these minor dependent districts. CHAIRMAN HENNING: Okay. COMMISSIONERNANCE: Just get a discussion going on. CHAIRMAN HENNING: And I could support that' Actually, there was communications from the East Naples -- COMMISSIONER NANCE: I mean, I don't even know that they're willing to do that, but I think we ought to at least start having some conversations, and that's why, I think -- you know, I don't think we're ever going to get there unless we start talking about some Page 128 December 9,2014 specifics, some specific problems and how we might address them, and the only way we're going to have it is if we have -- let's get them all on the table, see if we can sort the deck of cards out. CHAIRMAN HENNING: And I have spoken to the district commissioners and staffing on that, and they're willing to do that. COMMISSIONERNANCE: And if it can't take place -- you know, maybe there's some reason why it shouldn't or can't take place. I don't know. But like I say, unless we start talking about it, we can apply minor interim improvements to every one of these. I promise you we can. We could go tweak each one, but then at the end of the day what have you done? You've still got, you know, all sorts of overlap, inefficiencies. I would just like to give it a shot. COMMISSIONER FIALA: Commissioner Henning, would you tell me what you just were referring to? You have spoken to the different fire commissions that he's talking about rolling all together; is that what you're saying, that they're willing to do that? CHAIRMAN FIENNING: Yes. COMMISSIONER FIALA: So Ochopee is willing to do that? CHAIRMAN HENNING: No, no, no, East -- Commissioner Nance stated I don't know if they're willing to do that, otherwise referring to East Naples, now Greater Naples. And my comeback was, well, I have spoken to them, and there is a willingness. COMMISSIONER FIALA: You mean to take in Fiddler's? CHAIRMAN HENNING: No, to manage. COMMISSIONER FIALA: Oh, you mean to take in -- oh, okay, all ofthe others. CHAIRMAN HENNING: To manage, to manage. COMMISSIONER FIALA: Okay, Yeah. What we were trying to do was -- you know, we knew that this was a positive, and it might just seem like piecemeal, but at least we were going to get that taken care of so they didn't have to wait a few more years. We could just get Page 129 December 9,2014 that done. It's already been approved by our legislative delegation. They're going up to Tallahassee with us. You know, this is all something that's already set and just moving forward, and we'd like to get that done. And by making this -- you know, creating this management agreement, I know East Naples would be happy to do that; they've offered to do it, but they can't do it unless we approve it, and that's why I was trying to move it forward now. When we tackle the rest of them, it's going to be a difficult -- it's going to be a little more difficult because nobody really wants, you know, to give up their territory, I think, is the best way to put it. But this one's a slam dunk. I thought we should just move forward with it. CHAIRMAN HENNING: Okay. Who was first? Commissioner Hiller? Commissioner Taylor? I forget. I didn't see. COMMISSIONER TAYLOR: I thinK I was. CHAIRMAN HENNING: Go ahead. COMMISSIONER TAYLOR: So what I'm understanding is -- and just help me with this -- Commissioner Nance, you're on point. And let's look at the big picture but, meanwhile, we've got a small area that is concerned about their safety and the efficiency of their service. And without this motion that I seconded, that won't happen, right? COMMISSIONERNANCE: Well, let me point out one thing to you, ma'am. Any community can decide to leave their fire district and go with another fire district. You know, there are -- there are parts of the Big Corkscrew Island Fire and Rescue District that are paying almost 4 mills. They could vote tomorrow to go to North Naples and pay I mill. So I think by us entertaining all these individual neighborhoods that are trying to solve their own problem -- I think it's the Board of County Commissioners' problem to provide equity and to solve these problems. We can't let these communities be coming up with solutions. That's what Mr. Brougham's community is doing here. Page 130 December 9,2014 They're trying to fix their own solution (sic)' They're saying, we're being overtaxed and our system is inefficient' COMMISSIONER FIALA: No. Three-quarter -- no, maybe nine-tenths of their community is already in the East Naples Fire District, and for Some reason this little piece of it is carved out, and it's in Isles of Capri, and it's -- and what they're saying is, we're all in one community, we all come in and out the same gate. What we want to do is be in the same fire district, which is located right across the street from them rather than a few miles away. And so what they want to do is just be the same as the rest of their community. It's not like they're carving themselves out and becoming a part of another community. COMMISSIONERNANCE: Well, what I'm telling you is, ma'am, there are many other examples that you could have going forward. If we don't take the bull by the horns and solve some of these dangling little participles, in my view, we're going to have more neighborhoods that are going to respond in the same way. They're going to just reach out, and they're going to say, hey, what's going on? You know, I'll raise my hand. I'll go in there, and we'll take a sffaw vote, and we'll allmove in some other district. This is crazy. Until we can get our head around these small, little irregularities, which I consider these to be -- and it's not meant to be in a derogatory manner. It's just developed that way over time. It's parts of a growing community that have developed in a peculiar way. That's why you get things like Fiddler's Creek that are awkwardly split. We can resolve this by taking it as a package only in my view' I don't think we can go in and incrementally say, okay, we're going to fix this, we're going to fix this, we're going to fix this. At the end of the day, you're still not going to know what the recipe is for the chili because you've got six or seven cooks trying to make chili. Page 131 December 9,2014 COMMISSIONER TAYLOR: Can't we do this in tandem? Can't we do both? Can't we pass two motions here? CHAIRMAN HENNING: Well, what you could do is -- one of the recommendations is issue an RFP for management; correct,Len? MS. PRICE: It is. CHAIRMAN HENNING: So that still can be accomplished. So to answer your question, yes. COMMISSIONER TAYLOR: Because I think there are two very important points here. And I think -- you know, I agree with you. It's almost like spot zoningof fire districts. COMMISSIONERNANCE: No, it's exactly what it is, ma'am, and it's just -- it's awkward to everyone. It is awkward to the citizens. Believe me, it's mega awkward for the employees of these fire districts. They're always concemed about what's going on, because they have no certainty. We need to start moving to stability for everyone concemed; the citizens to get protection; the employees of these districts, they deserve some stability. The only way we're going to do it is if we start taking action in a little more comprehensive way, in my view. But that's just me. COMMISSIONER FIALA: May I just reply to that? This one's been going on for about three years now. This new idea which, by the way, I think is commendable, I don't disagree with it, but it's just starting, and that takes a while to get through; whereas, this one's at the end ofthe process. COMMISSIONER NANCE: Sure. COMMISSIONER FIALA: I'd like to just finish this one off but then continue on with this next objective and see -- COMMISSIONER NANCE: That's fine. COMMISSIONER FIALA: -- how this will work to join them all together. But I don't want to punish them because they started out years ago. Page 132 December 9,2014 COMMISSIONERNANCE: Yes, ma'am. I'm not minimizing your points, and I didn't -- you know, if you misunderstood it that way, please don't take it that way. I'm not. I'm just trying to look, you know, past it to something that maybe we can get heading down the road with a little more authority here, so I can -- CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONERNANCE: You know, if you want to -- if you want to go in that direction, let's see if we can craft a couple of motions here and get to everybody's comfort level. What do you think, Commissioner Henning? COMMISSIONER FIALA: Well, you know what, you're always so even -- level headed anyway, and I understand. That's why I have a great deal of respect for you. I appreciate that. I would like to start getting this management agreement moving forward right now so we can get them moving, but then I think the next chore is to, indeed, tackle these other things because you're going to -- it's going to be an issue right now. Nobody wants to let go of their -- their areas, I understand that. We all like where we live and where we serve and where we work, and we don't want to let go, but we can talk about that. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: Yeah. Two issues. The first is, I look at this schedule, and I have a yery hard time understanding the savings. The numbers don't make a lot of sense to me. Like, for example -- I mean, just taking one number, I look at -- under options, I look at Isles of Capri, first line that shows -- COMMISSIONER FIALA: We have a motion on the floor. COMMISSIONER HILLER: -- current budget at a million three, and then Isles of Capri as is, and it goes down to the bottom of the page, and it says 1.3 with a different millage. So I just -- I'm trying to understand what -- I just -- just Page 133 December 9,2014 reconciling all these numbers back and forth is a little unclear to me where the savings are and how the savings are being derived. And that leads me to my second concem, and that is if you contract out the management of these -- and we're talking about four MSTUs -- you're going to be laying off people. CHAIRMAN HENNING: Len, we're going to address the motion. COMMISSIONER HILLER: Well, no. I -- CHAIRMAN HENNING: And this is -- COMMISSIONER HILLER: This is a discussion on the motion' CHAIRMAN HENNING: This is not -- COMMISSIONER HILLER: I have to understand -- CHAIRMAN HENNING: This is not about the motion. COMMISSIONER HILLER: No, this is about the motion. CHAIRMAN HENNING: This is about the item on the agenda. So all in favor of the motion, signifi by saying aye' COMMISSIONER TAYLOR: AYe. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: AYE. COMMISSIONER NANCE: AYe. CHAIRMAN HENNING: OPPosed? COMMISSIONER HILLER: AYe. CHAIRMAN HENNING: Motion carries 4-l' Now, would you answer Commissioner Hiller's question, COMMISSIONER HILLER: So going back to this issue, I'm having a very hard time reconciling what you are going to be doing with personneland where the efficiencies are relative to this schedule and what exactly is going on here and what the input of the community is with respect to, you know, some sort of management plan, and also whether or not -- I'm assuming that you mean that they would fall -- when you,re talking about Distri ct l, are you talking about the county? Page 134 December 9,2014 MS. PRICE: District I is the area that's not covered by any other fire district. There is no personnel associated with District 1. It is 100 percent contracted out. Some of it is contracted out to ourselves, to Isles of Capri and to Ochopee, some is contracted out to what was formerly East Naples and Golden Gate Fire Districts. But there's no fire department associated with District l, so there's no personnel with that district. Golden -- COMMISSIONER HILLER: Are we just talking -- so who is the contract with? I mean, who -- what is District l? I mean, it's a -- it's a fiction? MR. OCHS: No, it's a geographic area primarily south of U.S. 41, and it has a few residences in there. COMMISSIONER HILLER: So what is the -- who is the management contract with? MR. OCHS: There's a service agreement between the board and what is now the Greater Naples Fire and Rescue Control District where they receive a portion ofthe annual ad valorem receipts to respond to calls that come out of Fire District l. Conversely, Ochopee and Isles of Capri also respond to calls in certain areas of District 1. So that $306,000 of revenue annually that are levied and collected in Fire District I are allocated via an interlocal agreement befween Ochopee, Isles of Capri, and the Greater Naples Fire and Rescue District. COMMISSIONER HILLER: And so what's being proposed -- what's this management plan that's being proposed? Who's managing whom? For what? And what's the impact Lakewood (sic)? MR. OCHS: Well, as I understand CommissionerNance's comments, he -- I heard him suggesting that the county take all four of their dependent districts and contract, either with a private provider or one of the existing independent districts, to manage and operate those Page 135 December 9,2014 dependent fire districts, if I'm correct, sir. COMMISSIONER NANCE: I recommended that the staff sit down with Greater Naples Fire and Rescue -- MR. OCHS: Okay, GreaterNaples, okay. COMMISSIONER NANCE: -- and see what we can do here and let some professionals get involved with this, because right now we're taking pots of money, and we're arbitrarily dividing it up and paying ourselves. lt'scrazy. MR. OCHS: Yeah, and that's one of the options. COMMISSIONER HILLER: Can I ask -- COMMISSIONERNANCE: But I wanted to drop back, Mr. Chairman, if I might. I saw you shaking your head after that last motion and the like. I don't -- MR. OCHS: I'm not -- I wasn't -- I was just trying to -- COMMISSIONER NANCE: Figure out what the motion was. So could we clarifl, that, Mr. Chair? MR. OCHS: Is that to carve out the Fiddler's Creek? CHAIRMAN HENNING: Fiddler's Creek, and let the Greater Naples Fire and Rescue manage that portion of it. They actually do service, kind ol like we do with District 1, is pay them a certain portion of money to serve. MR. OCHS: Right. And the question for them will be, can they service it for one-and-a-half mills, or do they want the two mills that's currently being assessed at, CHAIRMAN I{ENNING: Yeah. The offer is one-and-a-half mills, because that's what it's going to get when it's annexed into -- MR. OCHS: Well, I agree, sir; otherwise, it defeats the purpose. CHAIRMAN HENNING: Right. Is that good enough clarification? MR. OCHS: Yes, sir. CHAIRMAN HENNING: Everybody agree with that? Page 136 December 9,2014 COMMISSIONER FIALA: Yes. CHAIRMAN HENNING: See, they agree with me. COMMISSIONER NANCE: Well, I saw everybody over there at the flat desks shaking their head, and that's not a good sign. MR. OCHS: Well, no. I know you had offered an alternative motion. COMMISSIONER NANCE: That's why it's flat, okay? MR. OCHS: Right. COMMISSIONERNANCE: No. My motion was to enter -- is to direct staff to sit down with the Greater Naples Fire and Rescue District and allow them to see if they could come up with a way to contract manage these. COMMISSIONER TAYLOR: Rather than we do it; let them do it, right? And then come back to us with a proposal. COMMISSIONERNANCE: Yeah. We'll sit down with them and come back with a proposal to see if we can make something that's managed in a little more organized fashion, because right now we're just dealing cards around. We've got -- the county is collecting money and giving part ofit to one group and part ofit to another group, and they're funding those groups themselves. So they're getting two checks from the county. It's like Button, Button, Who's Got the Button. I don't know how they keep it straight. We've got a whole staff of people trying to gin these numbers up and make sense out of them. CHAIRMAN HENNING: Well, Commissioner, that's why I asked. There's more information. You needed to see the map, and I think you would understand it; however, it's not available. COMMISSIONER NANCE: Yes, sir. Well, I'm not trying to belittle. I'm just trying to get all the cards on one table at one time with a couple ofprofessional groups ofpeople and let them see ifthey can CHAIRMAN HENNING: We interrupted Commissioner Hiller's Page 137 December 9,2014 questioning. Are you complete, Commissioner Hiller, before we go to the speakers? COMMISSIONER HILLER: No, no, no. I really think that, you know, trying to, using Commissioner Nance's term, gin this up sitting here and making proposals to farm it out and assume that that somehow is going to achieve savings or that the terms are going to be acceptable to us or to these communities or even to whoever the service provider may be just doesn't make a whole lot of sense, I don't know why we don't have a workshop on this and let these parties -- not -- and I don't mean just the dependent districts but, you know, the various districts that may provide the management service, for example, come to the table and speak, as well as the residents of those communities as to what they're thinking. I really think we need a workshop. There are just too many options and too many unanswered questions, and I think we need input from these various communities, And Fiddler's Creek is different. I think, you know, Mr. Brougham has done a very good job organizing his community, and you've been doing this for ayery long time. How many years? MR. BROUGHAM: About three years now. COMMISSIONER HILLER: Yeah. He's got the patience of a saint. But I think we need to allow these other communities to come to the table and these employees to come to the table and the unions and the various possible management entities to have a workshop to discuss this. There's just too much here to make a decision on the fly. CHAIRMAN HENNING: Okay. Let's go back to public speakers. MR. MILLER: Your next public speaker is Jean Kungle. She'll be followed by Ron Gitbert. MS. KLINGLE: Good aftemoon, Commissioners, and thank you. A lot of what I wrote down here to say -- and I'm listening to Page 138 December 9,2014 everything else. First I have to interrupt my own thing here and say that to think about a management company or another independent district to come into Ochopee to manage would absolutely make no sense whatsoever. We have some of the best management in the entire county with the Ochopee Fire District. Between the personnel, the management, the funds that are available, and the growth that we've gone in the last two years, there's nobody that's going to manage it better than Chief Allen Mclaughlin is already doing. I mean, we have guys down there that, something needs painting, they don't bid it out. They go and paint it. They do it. They don't -- you know, it doesn't fall in line with just, ['m a firefighter, and that's all I do. We have a lot of good stuff like that. Now, as far as, like, Goodland and District 1, those two districts are being managed already, so you really only have Isles of Capri and you have Ochopee. So to put all that on East Naples or the Greater Naples right now seems ludicrous to me. They have a lot on their plate right now, and to take four other entities into their mix before they know really what they're doing with the two that they already have, which are a giant two entities, it just makes no sense whatsoever. I think it would make a lot more sense to have maybe Allen, being the person that he is and how much -- how good he does manage and the guys that are around, him personnel, it would make more sense for him to try to start managing some of these other dependent districts, bring them in and make them one dependent so that when the whole county does merge all of the districts -- which we are not opposed to that at all. I would like to see the whole county be merged as one district with one mill rate. I don't think -- I think what Commissioner Nance said as far as one's paying this, one's paying that, we're all having the same services. We all need to pay the same, just like we do with the Page 139 December 9,2014 Sheriffs Department. When we call the sheriff, I'm not paying a four-mill rate to have the sheriff come to my house and someone else is paying a one-mill rate. That makes no sense' And I don't know that there's another county in the State of Florida that does things the way that Collier does. And I know it was piecemeal, it grew, but now it's time to consolidate. But I think the right steps have to be taken so that it's more seamless. And I would urge the county to look at doing the dependent districts first and then start getting all of the -- then you'Il have, like, one dependent district, and then you'll be able to keep going forward with getting all the independent districts and the dependent district all together as one. We're already managed very well. We don't need new management. And I believe that that would cost more money. And we, right now, pay the highest in the county with mill rate. And we don't want to pay more. We want to pay less, but we want to keep what we have and what -- we've worked a long time to come to where we are today in the Ochopee Fire District, really hard. And I do thank you for listening. COMMISSIONERNANCE: Thank you. One moment' Commissioner Hiller? COMMISSIONER HILLER: Yeah' I'd like to commend you on what you just said. What you're saying is what I had in the back of my mind and why I thought a workshop is of value. It's exactly those kind of comments and those kind of suggestions that make sense to me. Your idea of one dependent district within the county until everything else is worked out, to me, sounds like the logical interim step. But that's why a workshop is in order. But I commend you for your comments, and I agree with you' You do have very good management. And why substitute that Page 140 December 9,2014 management with some other management when you've got good people? And what you just need to do is all work together and have an intemal management team till the overall structure is decided. So thank you for your remarks, and I think you've really brought something to light that makes a lot of sense. MS. KUNGLE: Okay. I didn't read any of this, but -- COMMISSIONER NANCE: Commissioner Taylor, Commissioner Fiala, any comments or questions? (No response.) COMMISSIONERNANCE: The retum of the chair. CHAIRMAN HENNING: Are we done with public comment? MR. MILLER: No, sir. Your next public speaker is Ron Gilbert. He'll be followed by JeriNeuhaus. CHAIRMAN ffiNNING: By who? MR. MILLER: Jeri -- COMMISSIONER FIALA: Neuhaus. MR. MILLER: -- Neuhaus, I'm sorry. CHAIRMAN HENNING: Good afternoon. MR. GILBERT: Commissioners, I am a member of the Ochopee Fire Control District Advisory Board. I'm not opposed to a bonified study to determine pros and cons of a merger of any fire district. I am opposed to a politically motivated merger of any of the fire districts, Ochopee has the highest millage rate of any fire district in the county. I would like to remind the commissioners that if it was not for the Ochopee Fire Control District and a portion of District l, there would be no PILT funds. PILT funds are payment in lieu of taxes. It would certainly help our budget if we could get that PILT money for the purpose in which it was designed. That would help us balance our budget. Thankyou. CHAIRMAN HENNING: Thanks for coming in. Page 141 December 9,2014 MR. MILLER: Your next speaker is Jeri Neuhaus. She'll be followed by Jorge Lara. MS. NEUHAUS: Good aftemoon, Commissioners. I'm Jeri Neuhaus, a Capri business and property owner and, as you know, have been actively involved with this issue for several years. While I and many others who support the idea of consolidation were disappointed in the outcome of the recent vote, our support for that consolidation should not be construed as extending to consolidation with Ochopee. At the begiruring of one of the documents that Len Price has given you, there's a statement in there that says Ochopee and Capri share unique service delivery circumstances with the mix of urban, rural, and light commercial structural protection, unique marine and coastal requirements, moderate high-rise. It goes on to say, structures in both districts are older, wood-frame construction without many of the mitigated opportunities of newer developments in urban Collier County and Naples. The attack on these fires must be aggressive and is handled, in some cases, without the benefit of municipal fire hydrants as a water source. That is simply not accurate. A, the overwhelming majority of the structures in our district, in both Fiddler's Creek, Isles of Capri, and Mainsail Drive are, in fact, concrete block stucco. We do have some wood-frame structures, but the majority of our stuff is concrete. B, our district has the tallest high-rises in all of Southern and Eastern Collier County. No way similar to Ochopee. And, C, you'd be really hard-pressed to find anywhere in our district that isn't served by water and fire hydrants. We've got a preffy good district. I only bring this to your attention because I don't want someone unfamiliar with the two separate districts to get the impression that we're so similar that it would be a no-brainer just to Page 142 December 9,2014 lump us together. We're not. Since the county and numerous fire departments may, based on today meetings, be considering some sort of consolidation with EMS down the road and at least two of the commissioners have expressed a desire to see how the latest two mergers have panned out, I would respectfully ask that the BCC refrain from making a decision that would merge two dissimilar, nonadjacent fire departments at this time and, instead, respect the desires of the Capri Fire Advisory Committee and several residents that have spoken to you-all to keep our fire department as it is for the time being and approve the requested millage rate so that we can hire our own chief who does not answer to Chief Allen Mclaughlin but, instead, answers directly to Bureau of Emergency Services. Even the chief of Ochopee agrees with my statement that we need our own chief. He has said it to me, and he has put it in writing. In closing, consolidation simply for the sake of consolidation is not in our best interests. Thank you. MR. MILLER: Your next speaker is Jorge Lara. He'll be followed by John Rogers. MR. LARA: Good afternoon, Commissioners' Jorge Lata. I represent the firefighters at Isle of Capri, Local4719 representative. I never thought I'd say this, but I agree with a lot of what Jeri says' My career started at Ochopee, and I did my first five years there until I was promoted to lieutenant at Isles of Capri. With that said, I will tell you this, that labor (sic) has met with all three unions, the EMS, the Ochopee and us, and the one thing we all agree on is that we support anything that will maintain the level of service or make it better, enhance it, and it will preserve jobs. I mean, at the end of the day, you're dealing with human beings, you're dealing with different personalities, but we all have to provide. And I think fragmenting districts at this point isn't going to help Page 143 December 9,2014 anybody. It's just going to add to the confusion. And I hear Mr. Brougham said, oh, is this a done deal? This is that. Well, that's the same thing they said about Isles of Capri, and they lost that vote. I mean, it's almost like we're trying to circumvent the democratic process. In fragmenting Isles of Capri, we're going to have to raise the millage rate, if not just give the whole thing over in a manage -- an agreement to East Naples, which seems like the buzz word right now, you know, even though there's other players in town that may be able to do it better because, apparently, they still can't even get their stuff together, East Naples. I can't tell you that I've met one East Naples firefighter that tells you he's happy with what's going on. I mean, they've got their own turmoil and they're dealing with their own issues, so why give them more now? And that's about it. Thank you. MR. MILLER: Your next speaker is John Rogers. He'lIbe followed by Paul Anderson. I-INIDENTIFIED SPEAKER: He's not going to make it back. John Rogers won't make it. MR. MILLER: Is Paul Anderson here? LTNIDENTIFIED SPEAKER: He had to leave. MR. MILLER: Then that concludes our registered speakers for this item, Mr. Chairman. CHAIRMAN HENNING: I'm going to make a motion, and let me explain the motion. COMMISSIONERNANCE: I think we already have a motion, don't we? CHAIRMAN HENNING: NOPC. COMMISSIONER TAYLOR: Yeah, we do, We have Commissioner Nance's. Page 144 December 9,2014 COMMISSIONER NANCE: Yeah, we do. CHAIRMAN HENNING: Is there a second? COMMISSIONER TAYLOR: Would you repeat your motion. COMMISSIONER NANCE: My motion is to direct staff to work together with the Greater Naples Fire and Rescue District to examine the opportunities and the impediments and the challenges of providing contract services for all ofour dependent districts. CHAIRMAN FDNNING: Does that include waiving our purchasing policy? COMMISSIONERNANCE: Yes, for the sake of discussion, come back -- and come back to the board with a report on what's possible. CHAIRMAN HENNING: Is there a second? COMMISSIONER TAYLOR: I'll second' COMMISSIONER FIALA: I'll second it. COMMISSIONER TAYLOR: I was going to second, yeah' Can we have a little discussion? What does that mean when you said waiving? CHAIRMAN HENNING: Well -- and it might not even -- we might not even be able to do it under Florida law, but our purchasing policy is over a certain monetary threshold it needs to go out to bid. COMMISSIONER TAYLOR: Oh, okay. CHAIRMAN HENNING: Okay. What I would like to see is, what is recommended is do the RFP, which East Naples can participate; however, I would like for the Ochopee Fire District, since it has a fire chief that is qualified to manage it, also participate in that RFP. Then we're not waiving any purchasing policy, and we're not going to have issues with Florida law, which right now I don't know because it is -- what's the total pot of money, 1.2 million? No. MS. PzuCE: Total pot would be close to $3 million' CHAIRMAN HENNING: Yeah, close to $3 million we're asking Page 145 December 9,2014 to manage. And, Jeff, do you know offhand about the Florida Statutes and -- MR. KLATZKOW: It's my understanding -- and Commissioner Nance, correct me if you're (sic) wrong -- is that you're asking the Greater Naples Fire District to take over these functions in exchange for, I guess, a certain millage rate that we're not charging? COMMISSIONER NANCE: All I'm asking staff to do is to sit down with them and discuss what it would take to do this. I'm not suggesting that we just tum it over to them without a competitive bid. I'm asking to engage them. MR. KLATZKOW: I don't think you need to competitively bid this. If you're asking Greater Naples if you'd like to take over these functions -- CHAIRMAN HENNING: To manage these functions? I think that's what he's saying. Manage them? COMMISSIONER NANCE: Yes. CHAIRMAN HENNING: It's a contract. You're getting into a contract to manage -- MR. KLATZKOW: Well, we do interlocal agreements all the time, sir. We don't take interlocal agreements and bid them out. This is a local government agency, so I'm not concerned about the purchasing. Now, whether or not you can get a better deal -- COMMISSIONER NANCE: Aren't we already doing this now, to a minor extent? MR. KLATZKOW: Yes, we are doing this now to a minor extent. But if -- to get to what Commissioner Henning's saying, you may get a better deal somewhere else if you put it out. CHAIRMAN HENNING: And I'm saying we might get a better deal with our -- within our own dependent district, Ochopee, that has the infrastructure to manage it. You have Linda Swisher who we recognized this moming. You've got a fire chief. That's all I'm saying, Page 146 December 9,2014 but -- COMMISSIONER TAYLOR: A little competition in the short -- CHAIRMAN HENNING: You can pick and choose. COMMISSIONER TAYLOR: Yeah. CHAIRMAN HENNING: I mean, then you're getting a -- then you're getting a comparable, even a contrasting comparable, because you do have -- you know, I mean, it's a wide area of management. And Chief Mclaughlin has managed Isles of Capri for quite a while. That's my thought. COMMISSIONERNANCE: This is my concern, Commissioner Henning. CHAIRMAN HENNING: Okay. COMMISSIONER NANCE: What we find when we have a huge county is not that we have fire districts in the east that do not have great firefighters and good management. What we find is that when we have them isolated in areas of low density, they always constantly find themselves in extraordinary circumstances. They have budgetary issues, they have distance issues, and so on and so forth. It's only going to be when we combine services, as we have with EMS, that it allows us to starl gaining some efficiency of scale when the scale's big enough and when we have enough participants that we can even out the millage, treat our residents fairly and equally, although everybody understands that people are isolated and in rural areas are always supplemented by people in the urban areas. This is no secret. It's the same way with electric power. It's the same way with water. That's why we had rural electric in the United States, to be able to provide people in isolated places with electric power. It's something they could afford. Sure, they can't pay for it by themselves' But over and over and over again, what we're asking these dependent districts to do is do something that they just never will be Page 147 December 9,2014 able to do. They won't. We just saw, in consolidation between North Naples and Big Corkscrew Island, two fire districts that are extraordinarily different make an effort to consolidate. They also have two extraordinarily different millage rates. One has a millage rate of 1; the other has a millage rate of approaching 4. Collier County cannot continue to do this. We have to be able to move together to get these people all organized and working in concert. The amount of work that we have tomorrow, regardless of how we're organized, is going to be exactly the same. The jobs that need to get done are exactly the same. I know everybody's worried about their jobs, but the work is not disappearing. There is going to be some administrative efficiencies, but our operational efficiencies, if we all work together, and the taxation benefits and equity that's going to provide to our citizens is going to be extraordinary. But we have to -- but we have to start letting these conversations take place, and I don't know any other way to do that than to allow, with some methodology -- there was an earlier discussion today of having a committee. There's a -- you know, I'm proposing a situation here where we sit down and start talking about this. Until we get these cards on the table, we are not going to be able to accomplish it. We won't be able to do it a nibble at a time, incrementally, not before sea level rise takes us back to the ocean. It's going to be forever and ever and ever. CHAIRMAN HENNING: Oh, no. Now you totally lost me. COMMISSIONER NANCE: OkaY. Well -- CHAIRMAN HENNING: Let's -- anybody else on the motion? COMMISSIONER TAYLOR: And just -- so, Commissioner Nance, just to move things along, you wouldn't consider amending your motion to include Chairman Henning's comments about bringing Page 148 December 9,2014 Ochopee into the discussions. COMMISSIONER NANCE: I am open to any way we can get three votes to start having a conversation on greater issue' COMMISSIONER TAYLOR: OkaY. COMMISSIONER NANCE: Whatever we've got to do. If Commissioner -- I will withdraw my motion and let Commissioner Henning propose an altemative motion if he thinks he's got one that's better. CHAIRMAN HENNING: I would solicit -- direct staff to solicit bids including East Naples and Ochope€, ffiY other interest, and waive the formal committee process, do a comparable and bring it back to the board. MS. PzuCE: You're looking for an informal competitive process? CHAIRMAN HENNING: Uh-huh, MS. PRICE: And for further clarity, as far as the scope of work goes, we want to be able to preserve the jobs of our current employees? CHAIRMAN HENNING: Yes. That's -- COMMISSIONER TAYLOR: That's a given. CHAIRMAN HENNING: YCAh. COMMISSIONER TAYLOR: Am I speaking out of line? CHAIRMAN HENNING: No, you're not' lt's justthe way it is. MR. OCHS: Sir, if I may? CHAIRMAN HENNING: YES. MR. OCHS: One further point of clarification on this solicitation. Is it limited to other independent fire districts that may have an interest in Collier County, or is it open to all proposers, including private firms that do this kind of business? I don't know how broadly you want to cast the net. CHAIRMAN HENNING: Well, here's my thoughts on this. The board is always in favor of consolidating, and if we get somebody Page 149 December 9,2014 managing on the outside -- besides our fire departments is not conforming to the board's ongoing policy. And if I'm speaking wrong, just let me know. COMMISSIONER FIALA: No, I agree with that. I feel that we want to keep it in-house. MR. OCHS: Very good. Thank You. CHAIRMAN HENNING: Okay. Commissioner Hiller? COMMISSIONER HILLER: Yeah. I don't see how this can be accomplished. I mean, don't we have unions at these districts -- in these districts? Wouldn't there have to be some sort of an agreement with the unions since you're already -- you already have labor agreements in place? MS. PzuCE: There are a number of ways that we could go about this and probably a lot more than even come to my mind. But, you know, contracts can be written and rewritten and changed, et cetera. We could also -- under a management agreement the managing agency might be all right starting out with having multiple contracts with the multiple agencies. I think -- I believe that what the commissioners are asking me to do is to bring them options with the obstacles that might come into play, since some of these things may not be -- you know, they may be obstacles that we can't overcome, but at least I could then come back and tell you this is what we can't do, this is what we can do, and here's maybe another way around it or -- COMMISSIONER NANCE: I think that's wonderful. COMMISSIONER HILLER: That's issue number one' Issue number two is under what legal basis are we waiving our procurement ordinance. MR. KLATZKOW: It's not a purchase. I mean, it's -- COMMISSIONER HILLER: It's not a contract for services? MR. KLATZKOW: This is outside the scope of your purchasing' Page 150 December 9,2014 We're not going out soliciting for widgets here. We're talking about a COMMISSIONER HILLER: Management services. So your personal services are not included under the purchasing ordinance? MR. KLATZKOW: Ma'am, you could get rid of your MSTUs tomorrow, for example, all right. You don't have to be in this business, all right. What you're doing is, if you want to go with the East Naples as an interlocal agreement, we do interlocal agreements allthe time. If what we want to do is form something different with Ochopee -- COMMISSIONER HILLER: They're not talking about an interlocal agreement. MR. KLATZKOW: -- that's fine. COMMISSIONER HILLER: They're talking about putting out an in -- quote, informal bid waiving our procurement standards for management services. MR. KLATZKOW: You're viewing this tfuough the prism of a purchasing thing. What I think we're trying to do is figure out what's the best option for the county here. COMMISSIONER HILLER: So we're not competitively bidding anything? I mean -- CHAIRMAN HENNING: We don't have to. COMMISSIONER HILLER: -- the discussion we had was that we were. MR. KLATZKOW: It's not a -- this is outside the scope of the purchasing ordinance. We don't bid for firemen. COMMISSIONER HILLER: I'm sorry? MR. KLATZKOW: We don't bid for EMS guys. Wejust hire them. I mean, there are certain things you don't bid for. COMMISSIONER HILLER: They're working for the county. MR. KLATZKOW: Right, but You don't -- Page l5l December 9,2014 COMMISSIONER HILLER: They're county employees' MR. KLATZKOW: -- bid for them. I mean, it's different' COMMISSIONER HILLER: But if we're -- but what we're proposing here is not an employee. We're not looking to hire an employee. MR. KLATZKOW: If what you wanted to -- COMMISSIONER HILLER: We're looking to have a contract with an entity, MR. KLATZKOW: If what you wanted was a private company to come in here, okay, and run these things and put out a solicitation for a private company, yes, you're within the purchasing ordinance. But that's not what I'm really hearing here. COMMISSIONER HILLER: So what we're saying is that this is looking to competitively bid other govemmental entities -- MR. KLATZKOW: You keep saying competitively bid. That's not what we're doing here. We're giving you proposal -- we're hoping to get a proposal from the Greater Naples and we're hoping to get a proposal from Chief Mclaughlin to come here saying -- COMMISSIONER HILLER: Only those -- MR. KLATZKOW: -- this is what we could run this for. COMMISSIONER HILLER: -- two entities? MR. KLATZKOW: That's what my understanding is. If you wanted to have something different, that's fine. COMMISSIONER HILLER: But Leo was asking about other entities. I mean, there are private entities, other fire districts. MR. OCHS: And what I heard in response was that the preference was to limit it to other independent districts that may have an interest in providing the service. COMMISSIONER HILLER: So other -- MR. OCHS: If I'm wrong, you know, I would appreciate the clarification. Page 152 December 9,2014 COMMISSIONER HILLER: So any independent district -- CHAIRMAN HENNING: We're all -- most of us are on the same page. COMMISSIONER HILLER: -- in Collier County. No, I need clarification. I think the record needs to be clarified. I think staff needs to -- MR. OCHS: And to Jeffls point, just by way of example, we have a long-standing interlocal agreement for fire service with the City of Marco Island that provides fire rescue service to Goodland and the Horr's Island area. I would imagine that the final format of this would mirror that more than, you know, a competitive proposal in a management contract. COMMISSIONER HILLER: Well, the other question I have is, why would putting it under the management of some other district result in efficiencies, either cost savings or a higher level of service than what you've got now? MR. OCHS: Commissioner, I don't think -- you're exactly right. I don't know that any of us have drawn that conclusion yet. Until -- COMMISSIONER HILLER: So I think -- MR. OCHS: -- we have those discussions, we don't really know if there's going to be cost savings or service enhancements. COMMISSIONER FIALA: So you're going to go out, solicit proposals, and then evaluate whether those proposals will result in savings or increased level of service all with the understanding that no employees will be fired? MS. PzuCE: Correct. MR. OCHS: Essentially what we're going to say, here's the current situation in these districts, here's the current millage rate, here's the current level of service. Please give us a proposal on whether you can provide equal or better service at or below the current cost, and we'll see what we get. Page 153 December 9,2014 COMMISSIONER HILLER: Well, I would say equal service doesn't make any sense, because then you might as well maintain the status quo. MR. OCHS: Unless they can do it for less money' COMMISSIONER HILLER: Atthe same -- right. So the proposal has to be at less cost and -- or a higher levelofservice; otherwise, you've got the status quo, at which point you don't need to make the change. MR. OCHS: Well, that's -- COMMISSIONER NANCE: That's simply the process that four districts just did to get to two. That's exactly what they did. I'm not asking these folks to do anything more than those people did. They got together. They said, hey, can this work? Work on it and come back, and everybody said yes. And guess what? The public supported it. CHAIRMAN HENNING: And I think one piece is missing here. Isles of Capri doesn't have a fire chief. MR. OCHS: Correct. CHAIRMAN HENNING: And if we do nothing, at least we're going to have to make that decision in the future and, therefore, the cost will go up. MR. OCHS: Correct. CHAIRMAN HENNING: Okay. Commissioner Taylor? I apologize. COMMISSIONER TAYLOR: I think that this is -- I think this is a wonderful idea. I think your motion is the spirit of Commissioner Nance's motion, and I think what I'm hearing from Mrs. Price is that you understand what we're trying to do, and I hope the public does, Let's turn it over to the experts, and let's see what they come back with, and we'll get lots of information. And we're not playing fire chief here' We're going to go to the people that are boots on the ground that Page 154 December 9,2014 understand what's going on. CHAIRMAN HENNING: All in favor of the motion? COMMISSIONER HILLER: But we're opening this to all independent districts, private entities -- COMMISSIONER TAYLOR: No private entities. COMMISSIONER HILLER: Only govemmental entities. COMMISSIONER TAYLOR: No, only independent districts. COMMISSIONER HILLER: Only independent districts. MR. OCHS: What about municipalities? Do you want to offer it to them? MS. PRICE: And our own dependent districts. COMMISSIONER HILLER: And our own dependent district to form its own management team. COMMISSIONER TAYLOR: And the question -- that's a good one. What about municipalities, City ofNaples -- MR. OCHS: City of Marco. COMMISSIONER TAYLOR: -- City of Marco? COMMISSIONER HILLER: Well, all governmental entities. MR. OCHS: I'm asking the question. I'm not -- COMMISSIONER HILLER: I think you should open it up to all governmental entities, including the individual dependent districts. CHAIRMAN HENNING: Here's the reality of it is you've got to take a look at the geographical area is -- what is possible? What is feasible? The City of Naples is not feasible. COMMISSIONER HILLER: But they just pointed out -- CHAIRMAN HENNING: EastNaples is, and so is Isle of Capri. So all in favor of the motion, signiff by saying aye' COMMISSIONER TAYLOR: AYe' COMMISSIONER FIALA: AYe. CHAIRMAN HENNING: AYC' COMMISSIONER HILLER: (No verbal response.) Page 155 December 9,2014 COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: OPPosed? (No response.) CHAIRMAN HENNING: Motion carries unanimously' MR. OCHS: Thank you, I think. CHAIRMAN HENNING: YCAh. COMMISSIONER TAYLOR: There's lots of perspiration on the foreheads of folks out there. COMMISSIONER FIALA: Looks like it's break time, too, doesn't it? CHAIRMAN HENNING: Yeah. I think we should take a break. Well, let's take a 1O-minute break. (A brief recess was had.) MR. OCHS: Mr. Chairman, you have a live mike. CHAIRMAN HENNING: The next item? I think we're going back to land use. Item #9B RESOLUTION 2014-262: A SINGLE PETITION WITHIN THE 2OI4 CYCLE I OF GROWTH MANAGEMENT PLAN AMENDMENTS FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTI.INITY FOR REVIEW AND COMMENTS RESPONSE, FOR AN AMENDMENT SPECIFIC TO THE SAN MARINO PROJECT, TRANSMITTAL HEARING - MOTION TO APPROVE WITH STAFF'S RECOMMENDATIONS (AND WCCPC RECOMMENDATIONS) AND TAKING TDR CREDITS FROM SENDING LANDS FROM MORE THAN I-MILE AND BEYOND THE URF BOLINDARY AND INCLUDING THE DENSITY INCREASE FOR 3OO TINITS _ ADOPTED Page 156 I Section I 2015 Budget Coversheets Administrative Services Division Fire Districts lsles of Gapri Fire & Rescue (144) Mission Statement To provide for the public safety needs of the lsles of Capri community through the provision of emergency response to fire and rescue calls. Program Summary FY 2015 Total FTE FY 2015 Budget FY 2015 Revenues FY 2015 Net Cost Departmental Administration Paid Fire Fighting Services Additional fire and rescue is provided by nine (9) full{ime firefighters, twenty-four (24) hours per day, seven (7) days per week, to supplement and oversee the volunteer force Reserves Program Performance Measures 3't 8,883 -93,483 14,600 240,000 -225,400 current Level of service arogut -f;;; 1,319,900 1,319,900 : FY 2013 Actual FY 2014 FY 2014 FY 20't5 2.O0 9.00 321 ,383 983,917 2,500 1,077,400 Zone 90: o/o of Fire Response Times Within 4 Minutes, per NFpA Zone 90: % of Rescue Response Times Within B Minutes, per NFpA Zone 91: % of Fire Response Times Within 4 Minutes, per NFpA Zone 9'l: % of Rescue Response Times Wthin 8 Minutes, per NFpA 44 94 5 52 FY 2014 FY 2015 Budget Forecast Budget 90 90 90 90 50 70 FY 2015 90 90 50 50 70 70 FY 2015 FY 2015 FY 2013 Actual FY 2014 Adopted Forecast Current Expanded Requested Change Program Budgetary Cost Summary Personal Services Operating Expense lndirect Cost Reimburs Capital Outlay Net Operating Budget Trans to Property Appraiser Trans to Tax Collector Trans to 714 Co Mgr Match Reserves For Contingencies Reserve for Attrition I,202 9,400 9,400 9,800 876,777 1,024,600 927,900 1,048,800 - 1,048,800 --M 1,650 5,100 - 12,500 _ 12,500 145 10k 1,076,217 1,257,300 1,1 51 ,'r 00 'l,273,800 - 1,273,800 - 9,800 1 56,690 41,100 '196,000 31,600 191,600 3'1,600 181,100 3'1,400 21 ,700 181,100 31,400 (7 6vo) (0 6%) 1.3% 43% 20,505 20,800 20,800 o, tJo - 3,800 - (17,4oo) - 32,100 - (1 7,500) - 21,700 4 30/o na - 32,100 744 70h - (17,500) 0.60/0 Total Budget 1,112,062 lzrqroo 1,181,300 1,319,900 - 1,319,900 - aS"Z, Total FTE 11.00 11.00 11.00 11.00 - ,11.00 0.0% Fiscal Year 201 5 Administrative Services Division Collier County Goveroment Fiscal Year 2015 Requested Budget Administrative Services Division Program Funding Sources Fire Districts lsles of Capri Fire & Rescue (144) FY 2014 FY 2014 Adopted Forecast FY 20t5 FY 20'15 FY 2015 Expanded Requested Change FY 201 3 Actual FY 201 5 Current Ad Valorem Taxes Delinquent Ad Valorem Taxes Charges For Services Miscellaneous Revenues lnteresUMisc Trans frm Property Appraiser Trans frm Tax Collector Trans fm 148 Collier Fire Fd Trans fm 490 EMS Fd Carry Forward Less 5% Required By Law Notes: 971,291 925 13,490 2,620 2,950 1,460 7,844 47,712 3,000 382,800 9,000 2,500 1,000 1,500 8,600 58,400 3,000 212,600 (52,1 00) 2,000 2,500 '1,000 't,500 8,600 58,400 3,000 322,100 1,075,400 2,000 2,500 '1,000 1,500 8,600 50,500 3,000 229,200 (53,800) 45% 78% 3 30k 1,029,400 978,000 - 33,400 - 1,075,400 -na 2,000 (77 8%) 2,500 0 00/o 1,000 00% '1,500 0.00/o 8,600 0.o% s0,s00 (13 5%) 3,000 00% 229,200 (53,800) Total Funding 1,434,092 1 ,273,900 1,410,500 1 ,319,900 '1,3'19,900 3.6% ln furtherance of its goals to provide the highest level of service possible in a fiscally responsible manner, and in response to public opinion in the affected area, the Board of County Commissioners in November voted to support legislative efforts of the East Naples Fire District to annex the lsles of Capri Fire District MSTU. Upon approval of the proposed legislation and the affirmative vote of the majority of electors in the MSTU, the lsles of Capri Fire District would be eliminated allowing for administratlve and operational efficiency in the provision of fire services to this area. Forecast FY 2014: Personal Services showed a decrease from budget primarily due to the Chief position being vacant for much of the year. Coverage is being provided by the Ochopee Fire District Chlef. Current FY 2015: Personal services are increased to accomodate the Board approved compensation adjustment. The Chiefs position is still vacant but funded, pending resoultion of the proposed legislation. Revenues: Budgeted ad valorem tax revenue is based on the lsles of Capri Fire & Rescue District June 1 estimated taxable value of $537,686,380 which represents a 4.6% increase from FY14. A 2.0000 mill tax levy is the maximum allowed by ordinance and will provide an estimated $'1 ,075,400 in tax revenues. The rolled back rate is a millage of 1 9215. Fiscal Year 201 5 Administrative Services Division Gollier County Government Fisca! Year 2015 Requested Budget Admin istrative Services Division Fire Districts Ochopee Fire Control District MSTU (146) Mission Statement It is the goal of the District to provide comprehensive Public Safety to the citizens, travelers, and visitors of Gollier Gounty within the Ochopee Fire Gontrol District. Program Summary FY 2015 Total FTE FY 2015 Budget FY 2015 Revenues FY 2015 Net Cost Departmental Administration/Overhead Paid Fire Fighting Services lncludes fire rescue service to Chokoloskee lsland, plantation lsland, Everglades City, Ochopee, Copeland, Lee Cypress, port of the lslands, Alligator Alley, U.S. 41 and the contract area (Collier County Fire Control District) lo be delivered by a combination paid/volunteer department. Transfers Reserves Program Performance Measures current Level of service euog"t --;t 1,893,200 i,893,200 3.00 12.00 570,001 1,285,499 38,800 -1,1 00 1,238,700 -658,699 f ,285,499 603,900 -565,1 00 -51,700 50,600 FY 2013 Actual FY 2014 Budget FY 2014 FY 2015 Forecast Budget Station 60: % of Fire Response Times \Mthin 4 Minutes, per NfpA 35 56 41 69 95 100 oo oo Station 60: % of Rescue Response Time Within 8 Minutes, per NFpA Station 61: % of Fie Response Time Within 4 Minutes, per NFpA Station 61: % of Rescue Response Time Within 8 Minutes, per NFpA 95 100 99 99 40 60 75 70 Program Budgetary Cost Summary FY 2013 Actual FY 20,t4 Adopted FY 2014 Forecast 1,395,900 308,1 00 36,600 82,500 FY 2015 FY 2015 Current Expanded FY 2015 FY 2015 Requested Change 1,461,100 - O % 301,500 (13 0%) 36,800 0 50/o 56,'100 331 5% Personal Services Operating Expense lndirect Cost Reimburs Capital Outlay 1,366,735 297,722 49,200 5,703 1,448,700 346,700 36,600 13,000 1,461 ,100 301,500 36,800 56,1 00 Net Operating Budget 1,719,360 11,296 25,987 5,401 600,000 1,845,000 1,823,100 1,855,500 11,300 11,300 12,100 26,500 26,500 26700 Trans to Property Appraiser Trans to Tax Collector Trans to 714 Co Mgr Match Trans to 301 co wide cap Fd Reserves For Contingencies Reserve for Attrition 1,8s5,500 12,100 26,700 0.6% 71% o.8% na -na 24,400 2,611 1o/o (24,300) - (2s,5oo) - (25,sOO) 4s% Total Budget 2,362,044 1,859,400 1,860,900 1,893,200 - 1,893,200 --1-B%: Total FTE 15.00 15.00 15.00 15.00 - 1S.OO O.O% Fiscal Year 201 5 Administrative Services Division Gollier County Government Fiscal Year 2015 Requested Budget 63 Administrative Services Division Ad Valorem Taxes Delinquent Ad Valorem Taxes Charges For Services Miscellaneous Revenues lnteresVMisc Advance/Repay fm 001 Gen Fd Trans frm Property Appraiser Trans frm Tax Collector Trans Fm 001 Gen Fund Trans fm 148 Collier Fire Fd Carry Fonrvard Less 5% Required By Law Fire Districts Ochopee Fire Control District MSTU (146) Program Funding Sources FY 20',r3 Fy 2014 Fy 2014 Fy 2015 Fy 2015 Fy 2015 Fy 2015 Actual Adopted Forecast Current Expanded Requested Change - \rwrn 1,161300 1233BOO ---- - 1233BOO *-3,131 2,0oo 2,OOO 2,OOO _ 2,OOO O O%3,59.1 1,200 2,OOO 2,OOO - 2,OOO 667%775 800 3,600 8OO _ EOO O O%2,206 2,800 1 ,2OO 1 ,2OO _ 1 ,2OO (57.1%)600,000 _ 111,8oO - na 1,801 900 9OO 9OO _ 90o o.o%9,94? 8,900 8,900 8,900 - 8,900 0 o%431,700 463,600 463,600 519,900 _ stg,goo 12.1%70,040 85,900 85,900 74,200 - 74,200 (13 6%)163,700 128,600 125j00 111,400 _ 111,400 (134%)- (61,700) - (62,000) - (62,000) o 5o/o 2,487,106 1,859,400 1,972,300 1,893,200 _ 1,893,200 -----;t Forecast FY 2014: e district, the ochopee chief sprit time between the two districts and the him at ochopee, the Fire captain from rsres of capri sprit his time and lot more than what was appropriated for the two positions. This ement between Collier County and the Professional Firefighters of the savrngs in overtime ed resulting in flxed work day periods, an increase to base pay and Operating expenses are below budget largely due to vehicle fuel savings and an effort to reduce expendilures in almost every line item. An interest free loan covering the purchase of scBA equipment totaling $1 11,800 from the GF to ochopee Fund (146) was approved by the Board as part of Agenda ltem 16E(7) on February 25,2014. This loan will be repaid overthree years interest iree. Current FY 20 1 5: Personal services are increasing because ofincreased health costs, retirement, the Board approved salary adjustment, and a reclassification ofthe Fire Captain to an Assistant Chiel operating expenses decreased mainly due to savlngs for rent as Stalion 61 will be completed in Fy14 and the two rnotel rooms that have been used as a temporary station will no longer be required. Capital outlay includes $47,000 forthe replacement of a 2003 Ford Expendition and g9,100 for replacement firefighting equipment Revenues: Budgeted ad valorem tax revenue is based on ochopee Fire control District's June 'l estimated taxable value of g30g,460,1.15 which represents a '1 5% increase from FY'14- A 4.0000 mill tax levy is the maximum allowed by ordinance and will provide an estimated $1 ,233,g00 in lax revenues.The rolled back rate is a millage of 3.9601. ln order to maintain minimum service levels due to years of decreased ad valorem funding and decreased carryforward from previous years, it is necessarytotransfer$519,900fromtheGeneral Fund. ThistransferrepresentsaportionofPlLTtaxrevenuewhichisusedtooffsettheiossofiax baseduetothepreponderanceoffederal landswithintheDistrict. Thebasetransferisintheamountofg4T2,g00withanadditional amountof $47,000 to replace the Department's 2003 Ford Expedition. Total Funding Fiscal Year 201 5 Administrative Services Division 64 Administrative Services Division Fire Districts Goodland Fire District (149) Mission Statement To provide basic fire protection to the residents of Goodland. Program Summary FY 20'ts Total FTE FY 2015 Budget FY 201s Revenues FY 201 5 Net Cost Departmental Administration/Overhead Costs This district was created, pursuant to Chapter 1 25 of the Florida Statutes, by adopting Ordinance No. 98-1 14 as amended. Fire protection service is delivered by the Marco lsland Fire Control District through a contractual service agreement wilh the BCC. This service is funded by an MSTU at a millage not to exceed 2.0 mills on the properties that are located within the District boundaries. 98,300 98,300 Current Level of Service Budget - 98,300 9g,3OO Program Budgetary Cost Summary FY 2013 Actual FY 20',t4 Adopted FY 2014 Forecast FY 2015 Current FY 2015 Expanded FY 20'15 FY 2015 Requested Change lndirect Cost Reimburs Remittances 400 76,945 1,400 88,700 1,400 88,700 900 94,000 900 94,000 (35 7%) 6.0% Net Operating Budget 77,345 851 90,1 00 900 90,100 94,900 900 900 FY 201 5 FY 2015 FY 201s Expanded Requested Change 94,900 900 53% 00% 93,100 3 6% - (1oo 0%) -na -na -na 9,900 65 0% (4,7oo) 2 2% Trans to Property Appraiser Trans to Tax Collector Program Funding Sources 2,455 2,500 2,500 2,500 _ 2,500 0 o% Total Budget 80,651 93,SOO 93,500 98,300 - 98,30 O - S.f/.: FY 2013 Actual FY 2014 Adopted FY 2014 Forecast FY 2015 Current Ad Valorem Taxes Delinquent Ad Valorem Taxes lnteresVMisc Trans frm Property Appraiser Trans frm Tax Collector Carry Forward Less 5% Required By Law 90,845 213 't 36 940 6,400 89,900 85,500 2,200 6,000 (4,600) 93,1 00 9,900 (4,7o0) '17,900 Total Funding 98,534 93,500 103,400 98,300 - 98,300 5.,t% Forecast FY 2014: All revenue remaining after transfers to Tax Collector and Property Appraiser and lndirect Cost Allocation will be remitted to the City of Marco lsland. Current FY 20'15: This MSTU addresses fire protection services for the residents of Goodland that are provided by a contractual agreement between Collier County andtheCityofMarcolsland. lnFY15, itisestimatedthatthecontractamountwill be$g4,000,aslightincreaseoverFYl4 Therearenoreserves for contingencies Revenues: Budgeted ad valorem tax revenue is based on the Goodland/Hoor's lsland Fire District June 1 estimated taxable vatue of g72,946,0'17 which represents a 3.66% increase from FY14. A1.2760 mill tax levy is planned and will provide an estimated $93,100 in tax revenues The rblled back rate is a millage of 1.2358. Fiscal Year 201 5 69 Administrative Services Division Collier County Government Fiscal Year 2015 Requested Budget Expenditure Service LevelAnalysis grouped by Fund, Fund Center Co ier County Governmenl Fiscal Year 2015 Object Code and Account Name FY 2014 FY 20',t4 Adopted Annuallzed FY 2014 FY 2015 Adopted Total o/o Change FY 2013 FY 2015 FY 2015 Expanded 149 Goodland/Horr's lsland Fire District 610 lndirect Cost Reimburs 634970 lndirect Cost Reimbu.sement 610 lndirect Cost Reimburs 850 Remittances 881400 Remitlances To Other Govemments 1,400 1,440 900 -3571 76,945 1,400 88,700 1,400 88,700 900 94,000 94,000 -35 71 59E 400 850 Remittances 144370-149 Goodland/horr's lsland Fire District 76,945 88,700 88,700 94,000 94,000 77,345 90,100 90,100 94,900 94,900 149 Goodland/Horr's lsland Fire Disiricl 77,345 90,100 90,100 94,900 Report Total 77,345 90,100 90,100 94,900 94,900 533 94,900 5.33 6t25t2014 Administrative Services Division Fire Districts Collier County Fire Control MSTU (148) Mission Statement To provide basic fire protection to lhe residents of the unincorporated areas of the County located outside the boundaries of existing fire control taxing districts. Program Summary FY 20'15 TotaIFTE FY 2015 Budgel FY 2015 Revenues FY 2015 Net Cost Departmental Administration/Overhead Costs Cont.acted Fire Protectlon Service This district was created pursuant to Chapter 125 of the Florida Statutes by adopting Ordrnance No 84-84, as amended Frre prolection service is delivered by four (4) fire control districts within the County through a conkactual service agreement between lhe respective fire control districis and the BCC. This service is funded by an MSTU at a millage not to exceed 2.0 mills on the properires thal are located within the District boundaries 12,300 285,400 27X,100 -273,100 273,100 Cunent Level of Service Budget - 285,400 2BS,4O0 Program Budgetary Cost Summary FY 20't3 FY 2014 Actuel Adopted FY 2015 FY 2015 FY 2015 Expanded Requested Change F\ 2014 FY 2015 800 1,400 140,0E0 171AOO r.ooo ------iiI 148,400 (13 6%) 1,400 171,800 1,600 144,400 lndirect Cost Reimburs Net Oporating Budget Trans to Property Appraiser Trans to Tax Colleclor Tlans to 1zl4 lsles of Capri Fre T.ans to 146 Ocnopee Fire Fd Total Budget Program Funding Sourceg 140,880 2,497 6,315 47,7',12 70 040 173,200 4,300 6,900 58,400 85,900 173,200 4,300 6,900 58,400 85,900 't50,000 4,100 6,600 50,500 74,200 267,441 328,700 1s0,000 113.4%l 4,100 (4 7Vo) 6,600 (4 3%) s0,s00 (13 5./") 74,200 (13 6%) 285,400 113.2%l FY 2015 FY 2016 Requasted Change 285,400 FY 2013 FY 2011 FY 2014 FY 2015 Current FY 2015 Expanded DelinquentAd Valorem Ta(es Trans frm Property Appraiser Trans frm Tax Colleclor Less s% Requrred By Law 305,100 292,900 200 42,700 292,AOO (4.0%) -na 100 (50 0%) 7,100 (8l 7yol (14,600) (s 2o/") 265,676 1,808 324 393 2,420 39,500 292,840 200 38,E00 (15,400) 100 7,100 (14,600) TotalFunding 310,121 328,700 335,800 285,400 26s,400 113.2%l Cunenl FY 2015: Fire prolectron service is provided to the residenls ofthe unincorporated areas of the County that are locaied oulside lhe boundanes ofexisting fire control taxing districts through a contractral service agreement belween the respective fire control districts and the BCC The remittances for llre service are calculated by taking total ad valorem revenue for the Collier County Fire Control Disirict less collection tees and administrative costs. Half of this amount is divided evenly between ihe four districts. The other half is divided based on the secondary percentage amounls on lhe succeeding page Fisca Year 2015 Admrnistratve Servrces Drvrslon Collier County Government Fiscal Year 2015 Requested Budget Admi n istrative Services Division Fire District 25% shares lsles of Capri $34,1 00 Ochopee $34,100 Golden Gate $34,100 East Naples $34,100 Fire Districts Collier County Fire Control MSTU (148) Secondary Shares Percentage Total Revenue $16,400 1201% $50,500 $40,100 29 33o/o $74,200 $40,100 29.33% $74,200 $40,100 29 33Yo $74,200 Revenues: Budgeted ad valorem tax revenue is based on the Collier County Fire Control District June 1 estimated taxable value of $146,418,284 which represents a 0.68% decrease from FY14. A 2.0000 mill tax levy is the maximum allowed by ordinance and will provide an estimated $292,800 in tax revenues The rolled back rate is a millage oI 2.0163. Fiscal Year 201 5 Administrative Services Division Collier County Government Fiscal Year 2015 Requested Budget 68 J Section J Fiddlers Creek MSTU Proposed annexation to Greater Naples Fire Rescue 2t24t2015 17.D. EXECUTIVE SUMMARY Recommendation to: (1) adopt an Ordinance creating the Fiddler's Creek Municipal Rescue and Fire Services MSTU, (2) adopt an amendment to Ordinance No.78-49, as amended, the lsles of Capri Municipal Fire Services Taxing District, to adjust its boundaries by removing the Fiddler's Creek area within the MSTU, (3) to approve an lnterlocal Agreement with Greater Naples Fire Rescue Oistrict for providing fire services to properties within the Fiddler's Creek Municipal Rescue and Fire Services MSTU, and (4) to request that the Property Appraiser begin to levy the tax millage in the 2016 tax year once set by the Board of County Commissioners. OBJECTIVE: To create an MSTU for the purpose of contracting for fire services from the Greater Naples Fire Rescue District for the residents of Fiddlers Creek who are currently receiving fire rescue services from the lsles of Capri Fire Rescue District. CONSIDERATIONS: The Greater Naples Fire Rescue District (GNFD) introduced a Special Act of the Florida Legislature to annex approximately 280 homes in Fiddler's Creek. The Board of County Commissioners supported introduction of this legislation, Because of the ttming of the next general election, this legislation and the associated reduction in property taxes will not become effective until the 2017 tax yeat. At the Decembet 9, 2014 Board of County Commissioners' meeting, the Board provided direction to accommodate a citizen's request for these residents, currently served by the lsles of Capri Fire Rescue District, to be served by the Greater Naples Fire Rescue District at their current tax rate until the annexation can be finalized. The method for accomplishing this request is to amend the current boundary of the lsle of Capri lvlunicipal Fire Service Taxing District by removing Fiddlers Creek, adopting a new Ordinance creating a Fire Service MSTU for Fiddleis Creek and entering into an lnterlocal Agreement with the Greater Naples Fire Rescue District allowing it to provide fire services to Fiddleis Creek. Notice of these ordinances appeared in the Naples Daily News on Friday, February 13,2015. The lnterlocal agreement was approved and signed by the Commission Chair of the GNFD on February 10,2015 for services beginning on October 1, 2015. FISCAL IMPACT: Loss of these properties will decrease ad valorem taxes to the lsles of Capri Fire District beginning in FY16 by approximately $120,000, which represents approximately 12% of lhe District's ad valorem collections. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.-SRT GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the Executive Summary. RECOMMENDATION: That the Board: (1) adopts the attached Ordinance creating the Fiddler's Creek Municipal Rescue and Fire Services Taxing Unit, (2) an the Amendment to Ordinance No. 78-49, as amended, the lsles of Capri Municipal Fire Services Taxing District, to adjust its boundaries by removing the Fiddler's Creek area from within the MSTU, (3) approves an lnterlocal Agreement with Greater Naples Fire Rescue District to provide service to the Fiddleis creek MSTU effective october 1 , 2015, and (4) authorizes the chair to make a written request to the Property Appraiser to begin assessing taxes on the Fiddler's Creek MSTU for the 2016 tax year. PREPARED BY: Len Golden Price, ASD Administrator Attachments: (1) Ordinance creating Fiddler's creek MSTU, (2) Ordinance Amending lsles of capri Municrpal Fire Services Taxing District, (3) lnterlocal Agreement Packet Page -896- 2t24t2015 17.D. COLLIER COUNTY Board of County Commissioners ltem Number: t7.L7.D. Item Summary: Recommendation to: (1-) adopt an Ordinance creating the Fiddler's Creek Municipal Rescue and Fire Services MSTU, (2) adopt an amendment to Ordinance No. 78-49, as amended, the lsles of Capri Municipal Fire Services Taxing District, to adjust its boundaries by removing the Fiddler's Creek area within the MSTU, (3) to approve an lnterlocal Agreement with Greater Naples Fire Rescue District for providing fire services to properties within the Fiddler's Creek Municipal Rescue and Fire Services MSTU, and (a) to request that the Property Appraiser begin to levy the tax millage in the 2016 tax year once set by the Board of County Commissioners. Meeting Date: 2124/2OL5 Prepared By Name: pochopinpat Title: Administrative Assistant, Administrative Services Department 2l13/2015 8:36:53 AM Submitted by Title: Administrator - Administrative Services, Administrative Services Department Name: Pricelen 211312015 8:36:54 AM Approved By Name: Pricelen Title: Administrator - Administrative Services, Administrative Services Department Date: 21 13 l20l 5 I 0:38:00 AM Name: TeachScott Title: Deputy County Attomey, County Attorney Date: 21 17 1201 5 2:44:23 PM Name: KlatzkowJeff Title: County AttorneY, Packet Page -897- 2t24t2015 17 .D. Date: 2l 17 120 I 5 3 :00:50 PM Name: KimbleSherry Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 2ll7 12015 3: 16:00 PM Name: Ochsleo Title: County Manager, County Managers Office Date: 2ll7 12015 3:30:5 I PM Packet Page -898- 2t24t2015 17.D. ORDINANCE NO. 2015. AN ORDINANCE PROVIDING FOR TI{E CREATION OF THE FIDDLER'S CREEK MTNICIPAL RESCUE AND FIRE SERVICES TAXING UNIT; PROVIDING FOR Tm BOLNDARIES OF TI{E MSTU; PROVIDING FOR THE GOVERNING BODY OF THE MSTU; PROVIDING FOR A PURPOSE; AUTHORIANG A TAX LEVY OF 1.5 MILLS; PROYIDING FOR BOIJNDARY CI{ANGES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FoR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTTVE DATE. BE IT ORDATNED BY TIIE BOARD OF COI.INTY COMMISSIONERS OF COLLIER COLINTY, FLORIDA: SECfiON ONE: Creation, boundaries. PursuaDt to Chapter 125 of the Florida Statutes, the Fiddler's Creek Mrmicipal Rescuc and Fire Services Toring Unit (he "MSTLD is hcreby creatcd for the purpose of providing fire control service.s to the residents of tre area hereinafter described: All that land tocated in Collier County, Floride and specifically described as: The North % (N %) of Section 22, Township 5l South, Range 26 East. SECTION TWO: Governing Body. The governing body of the MSTU shall bc ex offtcio the Board of County Commissioners of Collier County, Florida, SECTIONTHREE: Purpose. The MSTU is formed for the purposc of providing and maintaining fue depatnent servises within the MSTU through an interlocal age€ment with another Fire Service Agency located within the CountY. 1 Packet Page -899- [14.MG R-00269/1 1s044211 i I I 2t24t2015 17.D. SECTION FOUR: FuDdirg drd Levy ofTaxes. For the purpose of implementing this articlq thc Collier Comty Board of County Commissioncrs shall annually, at the time required by gcncral budgetary law, make an itemized estirnate of tlrc amoun! of money r,equired to calry out the brsiness of the MSTU for the next fiscal year, which shall bc from Octobcr I to and including Septembcr 30 following. The estimatp shall describe the purpose for which the moneys are required and the amount necessary to be raised by trxarion within ttl€ MSTU. At lhe tisre aud plsc€ for fixing the annual rale of taxation for couaty purposes, the Board of County Commissioners shall fix and cause to be levied on all properties within tb€ MSTU, subject to taxation, a millage ratc not to excced 1.5 mils per year. SECTION FIVE: Bouodary changcs. The boundaries of this MSTU or the lands included withiu said MSTU may be changed by an amendment to this Ordinanoe. SECTION SIX: Inclusion in the Code of Laws and Odinances. The provisions of this Ordinance shall becomc and bc made a part of thc Code of Laws and Ordinances of Collier County, Florida, The sections of the Ordinance may be renumbred or reJeuered to accomplish such. and the word "ordinance" may be changed to *section," "article" or a.ny other appropriate word. SECTION SEVEN: Conflict and Severability. ln the event this Ordinance conJlicts with any othcr ffiin8nc€ of Collier County or any other applicable law, the more restrictive shall apply. If any ptrase or portion of the Otdinance is held invalid or rmconstit8ioral by any court of competent jurisdiction, such portion shall be deerned a s€,paratt, disinct and indepcndent provisioa and such holding shall not affect the validity of thc remaining portion. SECTIONNINE: EFFECTIVEDATE This Ordinance shall be come efective upon filing with the Department of State, 2 Packet Page -900- [ 14-MG R-00269/1 1so447l11 PASSED AI{D DULY ADOPTED by the Bomd of Corurty Commissioneru of Collier County, Florida this - day of 2015. ATTEST: DWIG}TT E. BROCK CLERK BY:BY: Dcputy Clerk 3 Packet Page -901- Dcputy County Attorney [ 14-MG R-002 69 I !150//-7 I Ll 2t24t2015 17.D. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TIM NAtlCE, Chairman I I I I I I ! I I oRDINANCE NO 2015-_ AI.{ ORDINANCE PROVIDING FOR TTIE AMENDMENT OF THE ISLES OF CAPRI MI.'NICPAL RESCUE AND FIRE SERVICES TAXING DISTRICT; AMENDTNG COLLIER COUNTY CODE OF LAWS AND ORDINA}.ICES SECTION 122406, CREATED BOI'NDARIES, TO REMOVE FIDDLER'S CREEK FROM WITHIN THE MSTU'S BOUNDNRIES; PROVIDTNG FOR INCLUSTON IN THE CODE OF LAWS AND ORDINANCES; PROVIDTNG FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section l?2-610 of the Collier County Code of Laws and Ordinances, prcscntly provides that the boundaries of the Isles of Capri Mrmicipal Fires Services' Taxing Distict may be changed by an amendment to the ffiinance; and W1IEREAS, on Novernba 4,2014, as a result of a referendurn presented to the voterc in the East Naplcs and Golden Cate Firc Districts, those independe,nt fire disticts were merged to create the GreaterNaples Fire Rescuc District; and WHEREAS, the Cotlier County Board of County Commissionen &s the governing body of the Isles of Capri Mrmicipal Rescue and Fire Services Taxing District wishes to change the boundaries of the Isles of Capri's MSTU Disrict by removing Fiddler's Creek from within that MSTU's existing boundaries, and provide for fire services to the residents of Fiddler's Creek by establishing a nelv, separate MSTU and entering into an lnterlocal Agreement whcreby the Greater Naples Fire Rescue Distict would provide fire and rescue services to the residents of Fiddler'g Creek. 1 Packet Page -902- 2t24t2015 17 .D. 2t2412015 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COI.JNTY, FLORIDA, that Section 122.606 Of thc Collier Cormty Code of Laws and Ordinances is amended as follows: SECTION ONE: Sec. 122-606. Create4 boundaries. (a) Prusuant to F.S. ch- 125, the Isles of Capri Mrmicipal Rescue and Fire Services Taxing Disticts is hereby crcated for the purpose of providing rescue and ftre coutol scrvices to the residents of the area hereinafter described: (b) All that land located in the county and specifically described as: Sections 19,20, 21,22,27,28,29,30,31,32,33 and 34 of Township 51 South, Range 26 East, and those portions of Sections 4, 5 and 6 of Township 52 South Range 26 East, wtrich lie north of the Marco River. Less the North % (N %) of Section 22. Townshio 51 Souttu Rgngq,26 Esst. SECTION TWO: INCLUSION IN TIIE CODE OF LAWS AND ORDINAI{CES The provision of this Ordinaace shall become and be made part of the Code of Laws and Orrdinances of Collier County, Florida. The sections of the ffiinance may be renumbered or re-lettered to accomplish such, and the worrd "ordinance" may be changed to "section " "artiole," or aoy other appropriate word. SECTION THREE: CONTLICT AND SEVERABILTTY In the event this Ordi'rance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive shall apPly. If any phrase or portion of the Ordinance is hetd invalid or unconstitutional by any court of competent jurisdiction, such portionshallbedeemedas€periate,distinctandindep.errdentprovisionandsuchholding shall not affect the validity of the rcmaining portion. 2 Packet Page -903- 2t24t2015 17.D. SECTION FOUR: Etr'FECTM DATE This Ordinance shall be come effective upon filing with the Departnent of State' PASSED AND DULY ADOPTED by the Board of County Commissionen of Collier County, Florida this - daY of ATTEST: DMGHT E. BROCIq CLERK BOARD OF COI.JNTY COMMISSIONERS OF COLLIER COI.]NTY, FLORIDA BY:BY: Deputy Clerk TIMNAI.{CE, Chairman Scott R Teach, Deputy County Attomey 3 Packet Page -904- 201s. 5&r @ ! ! I 2t24t2015 17.D. 2t24t2015 17.D. INTERLOCAL AGREEMENT FOR FIRE AI{D RESCUE SENV|CES This A8reement, made and entered into this - of 2015 by and between the Board of County Commiss'roners of Colller County, Florida, as the Governing Board of the Fiddle/s Creek Municipal Rescue and Fire Servlces Taxing Unit (the "MSTU") (hereinafter collectively referred to as the "COUNTY'), and the Greater Naples Flre Rescue Oistrict, whose District Headquarters is located at 14575 Collier Boulevard, Naples, Florida 34u9, (hereinafter referred to as "GNFRD"). WHEREAS, it is the desire of the COUNTY to provide llre protection to the Fiddle/s Creek Municipal Rescue and Fire SeNices Taxing Unit in Collier County, Florida, as more specificalty identified in the Service Area map attached hereto as Exhibit "A;" and WHEREAS, the COUNTY desires to provide said fire protection to a portion of unincorporated Collier county by agreement with the GNFRD to provide such servicet and; WHEREAS, the above referenced portion ofthe COUNTY shall hereinafter be referred to as the'Service Area," as further delineated on the Service Area map attached as Exhibit 'A." The Service Area shall be within the following boundaries: The North N (N X) ofSection 22, Township 51South, Range 25 East. NOW THEREFORE, ln consideratlon ofthe mutual covenants contained herein the parties hereby agree as follows: 1. TERM OF AGREEMENT: This Agreement shall commence on October 1, 2015 and will continue for a period of three (3) years ending on September 30, 2018. Thereafter, this agreement may be renewed for three (3) additional one (1) year terms under the same @venants, terms and conditions, unless either party desires to terminate or renegotiate this agreement. ln the event either party desires to terminate or reDegotiate this agreement, it shall provide written notice of its intention to the other party not less than ninety (9O) days prior. lf the GNFRD terminates, the GNFRD will contlnue such service for a reasonable period of time to allow the COUNTY to provide alternative flre and rescue protection. The maximum length of such reasonable period shall be slx {5} months after the termination of the Contract by the GNFRD. Payment for services durln8 the six (5) month period beyond the expiration date will be based on the monthty prorated amount of the annual contract period. ln the absence of the nlnew (90) day prior written notice of intent to terminate the Agreement by either party, the Contract shall continue in forEe until writen notice ls Blven, or until the Contract is reneBotiated on terms mutually agreed upon by the parties. 2. TERMS OF PAYMENT: The COUNTY agrees to pay the GNFRD for the provislon of the services contained within Section 3 "seNice Leryel," in two separate payments durlnB each fiscal year this aBreement is in effect. The County will remit the first payment durln8 the month of APril, prior to April 301 and the second payment durinB the month of September, prior to the close of the fiscal year on September 30tr. The payment amount shall be that sum collected annually from the adopted millage rate for the Fiddle/s Creek Munlclpal Rescue and Fire Services Taxing Unit, as s€t by the Collier County Board of County Commissioners, minus any administrative fees, and net of costs required to be paid to the property appralser, tax collector as well as any other associated fees and cost. The millage rate set by the Board of County Commissioners each year will equal that whlch is levied by the GNFRD and is subiect to the ordained millaBe caP for the MSTU. Page 1 of 6 tat*locol FtreResate - Fiddler's Creek MSTTI Fi'e Districl Packet Page -906- 2t24t2015 17.D. Each year of the Agreement, COUNTY will notify the GNFRD of the adopted annual millate rate in September; wlth notice of the adopted annual mlllage rate in a form conslstent with Exhibit "8" which states the current adopted millage rate. 3. SERVICE TEVEL: The GNFRD atrees to provide fire protection and rescue services to the Service Area at the time of any emer8ency call. All decisions on manpower and equipment will be made by the GNFRD Flre Chief, or In hls absence, by one of his assistants. The GNFRD shall perf,orm the s€rvices wnh modern firefightlng practlces and consistent with the s€rvlces Eenerally being provided to its other service areas. Fire protect'ton and rescue services provided by the GNFRD will include all emergenry and non-emergency services normally performed by the Fire Department, including all those services required by law. This Agreement does not alter any existint Mutual Aid Agreement(s) or the Counqy's Comprehenslve Emergency Management Plan between the GNFRD and COUNw. 4. COMMAI{D AT FIRE SCE E: The 6NFRD Fire Chief, or in his absence, one of his assistants, shall assume control and responsibility of all fire or other applicable emerBencies in the Service Area where the GNFRD has responded. 5. EQUIPMENf A D PERSONNEI3 The GNFRD shall maintain equipment and personnel necessary to provlde adequate fire protection and rescue services to the seNice area. The GNFRD shall be responslble for properly training all of said personnel. 6. RECORDS: The GNFRD agrees to maintain records on all responses and provide statistics as necessary. 7. BREAClI OF CONfRACr: Non-compliance with any provision of this Agreement by either party shall constitute a material breach. The breachinS party shall have seven (7) days after receipt of written notice of any breach to correct that breach, or if corrections cannot be made within the seven (7I day period, a reasonable agreed upon time shall be given to cortect the breach. ln the event the breach cannot be cured within such time pedodt the non-breaching party may declare the contract termlnated, and shall so notify the other party ln wrlting. ln such event, an adjustment in the contract payment shall be made based upon a monthly-prorated amount of the annual contract payment. 8. CONSEIIT OF THE PARTIES: The GNFRD hereby agrees not to enter into a contract for fire protection and rescue services with any individuals or or8anizations within the service area of Collier County without the written consent of the COUNTY. 9. INDEMNITY AiID INSURANCE: A. INDEMNIFICATION. While operatlng under the terms of this Agreement, each Party shall bear liabillty as provided by applicable law and the terms of this Agreement. Each Party shall be llable for its own actlons and negllgence and, to the extent permltted by law each Party shall Indemnify, defend and hold harmless the other Party against any actions, claims or damages arislng out of their negllgence ln connection with the performance of the AEreement. The foregolng indemniffcrtlon shall not constitute a waiver of sovereiSn immunity beyond the limits set forth in Section 768.28, Fla. Stat., nor shall the same be construed to constitute aBreement by either Party to lndemnlfy the other Party for such other Parvs ne8ligent, willful or intentional acts or omlssions. Page 2 of 5 Inlerl@al FirelRetc,re - Fiddler's Creek MSTU Firc DisFict Packet Page -907- 2t24t2015 17 .D. B. LtABltrry tNsuRANcE. The GNFRD covenants to keep in force durlng the perlod of this agreement adequate pubtic liablllty lnsurance and property damage lnsurance. 10. NON-AppROpRnnoNs CIAUSE: tf for any reason the GNFRD or COUNTrS governing body does not approve the funds to implement this contract in any glven fscal year, the contract shall be null and void. 11. NOTIGES: Any notlces permitted or reguired by this Agreement shall be in writing and submitted by certified mall, retum recelpt requested, to one of the followirg addresses, as appropriate a) Notlces from the GNFRO to the COUNTY shall be sent to: Leo E. Ochs, Jr., County Manager,3299 E, TamlamiTrait, Building F, Sulte 202 Naples, Florida 34112. b) Nothes from the COUNTY to the GNFRD shall be sent to: Chief Kingman Schuldt, 14575 Collier Boulevard, Naples, Florlda 34119. lN W|TNESS WHEREOF, the parties hereto, through their duly authorlzed representatives, hav€ executed thls lnterlocal Agreement for Flrc and Rescte Seruices. The Grcater Naples Flre Ressuc Dlstrlct Board of County Commlssloner Cotller County, Florlda, as tte ex offlclo Gov:rnh; Body of thc Flddls/s Oeek Munlclpal Rescue and Flrs Scrulces Taxlng Unlt , Chalrman Attest: Duright E. Brock, Clcrk of Courts ,Dcputy Clerk By: By: Approved as to form and legalitY: 7t ,Y, @) Scott R. Teach, Deputy CountY AttorneY Page3of 6 Iucrlx,al Fbt/Rctc,ac - Fiiller's Crce* MS|U Fire Ds'rict Packet Page -908- 2t24t2015 17.D. Exhibit "A" Page 4 ofrfrrwot rinnescuc - Fiddler's creek MSTII Fire District @ Packet Page -909- 2t24t2015 17 .D. page P.aqlgt P-age -910- 2t2412015 17.D. .i*rcav**y Exhibit "B" The FY z}|_adopted millage rate for the Fiddler's Creek MSTU Fire Disuict is $ per $1,000 of taiable value. This rate is set by the Collier County Board of County Cornmissioners annually subject to the ordained millage cap for this District. Page 6 of 6 Packet Page -911- 2t24t2015 17.D. 32D D Friday, February13,2015 D NAPLES DAILY NEWS . .NgTlCE oF INTENTTO CONSIOER ORDINANCES on Tuesday, Feb oom, 3rd ino. Collier'Coun Tamiami he-'Board of cou consider Ordinances. The :00 A,M. dinances are as fol ENT OF THE ISLES OF CJPRI DISTRICT; AMENDING COLLIER SECTION'122-606, CREATED FROM WITHIN THE MSTU'S THE CODE OF LAWS ANO EVERABILTTYI AND PROV]DING FOR AN EFFECTIVE DATE.,& PROVIDING FOR AN EFFECTIVE DATE. Cooies of the orooosed Ordinances are on Iile wlth the Clerk.to the Board and are "J5iii,t" toiinipe&ion. All interested parties'are invited to attend and be heard' nOtr, O,, a Countv ad a lndividual a .individual recoonized S alloded 10 p qoard agenda p the resDective p idered bY the B of seven daYs P the Board will b Anv oerson who decides to apperl a decision of the Board will need a record of the '"i&JJi"ot oirtuininq til"reici and therefore, may need to ensure that a verbatim Li"i^i?'tnE-pioceedirigs 'rs made, which rdcord'includes testimony and evidence upon which the appeal is based. n order to e provision anagement W, Naples,g imPaired BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIM NANCE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jenne,iohn, DePutY Clerk (sEAt) i-a_-iirliru re "01s No ^0482sa Packet Page -912- K Section K Alligator Alley Mile Marker 63 Agreement 1T Office of the County Attorney Jetlie,v A. Klatzkorv l)cptrlr, ('oturtr .\ttorna\ . S<:ott R.'l'c:trrh tlunaging.\ssiriarttCount\.\tl(,rnc1 .l{r'idi Ir.,\slttott Cieku' 'tr...,,,:trrr:rlrri(,rr i,,,nr,r,,Jl.(,i r,,\.',!,"ri,, 1,.' rLisistrnt Count\ ,\tt()n1crs . Collt.crr 11. (irccnr: Ker in l-. Norll f,nrilr R. l>t'pttt Scott \. Stol)(- ,Jcnnalt'r t]. \\ hitt' April 9,2014 Erik R. Fenniman Chiet Contracts and Real Property Florida Department of 'fransportation 605 Suwannee Street, M.S, 58 '[allahassee, Florida 32399-045 8 Alligator Alley Mite Marker 63 Public Safety Station / Executed Interlocal Agreement and Airspace Agreement between Dear Erik: On April 8, 2014, the Board of County Commissionerc approved the execution of the Interlocal and Airspace Agreements pertaining to the Alligator Alley Mile Marker 63 Public Safety Station. I am attaching hereto three originally signed copies of the Interlocal Agreement and the Airspace Agreement for you to arrange countersignatures with the appropriate FDOT staff. We have left the Agreements undated for FDOT to date and to return one each to our attention so that we can record those agreements with the Clerk of Court. I want to thank you again for your assistance in working through this item and promoting a mutually agreeable resolution. Should you have any questions regarding this matter, please let me know. Scott R. Teach Deputy County Attorney SRT/ Enclosures: Interlocal Agreement, Airspace Agreement A Re: 3z9c; [.'.:rst'furniami I riril. Suite fJ()(J . Nir[)lus t"lrrrirla 1.;-1tt:t-57.1.) . (139):t5::'8"1tlo ' l'--\\: ('-]:l()l 2iJ:.1"6'l()(.) Dwight E. Brock Clerk of Courts t,.-- \';€eqnfy of Collier CLERK OF U RT COLLIE 3315 TA I lA Clerk of Courts Accountant Auditor Custodian of County Funds P,O. BOX 413044 n NAPLES, FLO R tDA l4{Or<OO4 !!tf : Y-,'f April I 1, 2014 Florida Dcpaftment of 'Iransportation Chie{, Contracts and Real PropertY Attn: Erik ll. Fenniman 605 Suwannee Street, M.S. 58 'fallahassee, Florida 32399-0458 Ilc: Ilcsolution 201 4-Tlllnterloca! Agrccmcnt & Airspacc Agrcsment- Alligator AIIcy Milc Markcr 63 Public Snl'cty Station 'fransr-nitterl herervith are (3) thrcc originals to be fully executed by your office, oltfte above reIerenccd clocurnents, as adopted by the Collier County Board of Coglty Conrrnissioners of Collier Clotrnty, I;lorida on'l'ucsday, April 8, 2014' cl u ring ltcgular Session. Vcry trr.rly yoLlrs! DWIGIIl' E, BI{OC]K, CI-IJITK Martha Vergat'a, Dc Clcrk [:rrclosure Phone - (239) 252-2646 Website - www.collierclerk.com Fax - (239) 2s2-27s5 Email - collierclerk@collierclerk.com 114 EXHIBIT D. RBSOLUTION OF COUNTY RESOLUTION 2OI4-71 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, AUTHORIZING ITS CHAIRMAN TO EXECUTE AN INTERLOCAL AGREEMENT AND AN AIRSPACE AGREEMBNT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") PROVIDING FOR THE LEASE OF A I-IITE STATION FROM THE FDOT AT MILE MARKER 63 ON ALLIGATOR ALLEY IN COLLIER COUNTY, FLORIDA. WI{EREAS, the Board of County Commissioners of Collier County, Florida, finds it is in the public's interest to enter into an Interlocal Agreemenl and an Airspace Agreement with the Florida Department of Transportation allowing tbr the lease of a fire station located at the mile marker 63 rest area on Alligator Alley in Collier County, Florida to allow emergency vehicles to provide a faster emergency response time 1o the publio; and WHERBAS. the property to be leased to Collier County under the Airspace Agreement is for the public purpose of operating a fire station that will include personnel and equipment capable of providing rescue and emergency medical services to motorists travelling on Alligatot Alley (l-75); and WHEREAS, the Interlocal Agreement sets forth thc terms, conditiclns and responsibilities of FDOT and Collier County with respect to funding for the fire station, the respective duties of the parties to provide services at the mile marker 63 fire station and other such matters; and WHEREAS, the Collier County Board of Commissioners agrees to maintain the fire station and any encompassed structures or amenities in accordancc with the terms and conditions of the Airspace Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Department- Collier County lnterlocal Agreement 25 114 L The Collier Clounty Board otlCommissioners approves and authorizes its Chairman to sign the lnterlocal Agreement and the Airspace Agreernent with the FDOT. A certified copy of this Resolution shall be fonvarded to FDOT along with the InLerlocal Agreement and Airspace Agrcement for execution by FDOT. THIS RESOLI-ITION ADOPTED after motion, second, and ma.iority vote f'avorirtg same, ?, thisQ day otl\<vrrr\ ,2014, SCOTT DEPUTY R. TEACH COUNTY ATTORNEY BOAII.D OF COL.NTY COMMISSIONERS Depanment- Collier County Interlocal Agreement COLLIER COLINTTY. Approved as to form and 26 F'inancial Management No. 435389- l -94-01 CSIrA No. 55.036 Contract No. TTA rNSTR 4987197 0R 5041 PG 1688 RECORDED 5T28D014 8 43AM PAGES 35 OWGHT E BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC 5299 00 INTERLOCAL AGREEMENT This Menroran<lum of Agreement is entcred into the d{l\ day of'dl{*Y-. ,r,* ("Effective Date"), between the BOARD OF COUNTY COIv{MISSIONERS OF COLLIER C:OUN1'Y, FLOlttDA, a political subdivision of the State of F'lorida (the "County") and THE FLORIDA DEPARTMENT OF TRANSPORTATION ("DEPr\RTMENT") (collectively. the "Parties" and each a "Parly"). R E C I't'A I., S A. The Clounty provides fire, rescue and emcrgency management services along Alligator Alley through its depencient Fire District, the Ochopee Fire C.ontrol and Rescue District ancl the County's Emergency Medical Sen'ices. The parties are authorized to enter into this Agreement pursuant to Seciion 163,01, Florida Statutes and Section 338.26(3), Florida Statutes. Each of the Farties is a "purblic agenc-v" as defined in Section 163.01, F'lorida Statutes. The County by Resolution, a copy ol'which is attached to and incorporated into this agreement as Exhibit "D" is authorized to enter into this Agreement. B. The 201I F'torida Legislature amended Section 338.26(3), Florida Stalutes to provide a conditional funding souroe to clevelop and operate a lire station at the DEPARTMENT'S N4ile Marker (r3 Rest Area ("the Fire Station") on Alligator Alley in Collier Countv. Florida. Thc amendment authorizes thc use of f'ees generated tiorn tolls on Alligator Alley, after the payment of certain other expcnscs and costs, to develop and operate the Fire Station to provide tire, rsscue and emergency management senices to the adjacent counties along Alligator Alley. Section 338.26(3),(201 3) Florida Statutes. states: Fees generated from tolls shall be deposited in the State 'l'ransportation Trust Fund, and any amount of funds generated annually in excess of that requrired to reimburse outstanding contractual obligations, to operate and maintain the highway and toll facilities. including reconstruction and restoration, to pa1' tbr those projects that are tunded with Alligator Alley toll revenues and that are oontained in the 1993-1994 adopted rvork prograln or the 1994-1995 tcntative work prograrn subrnitted to thc Legislature on February 22.1994, and to dcvelop and operatc a fire station at Department- Collier County Interlocal Agreement 1 1 1A mile marker 63 on Alligator Alley to provide ftre, rescue, and emergency management services to the adjacent counties along Alligator Alley, may be transferred to the Everglades Fund of the South Florida Water Management District. C, [n accordance with the statute the DEPARTMENT included construction of the Fire Station within the scope of design build contract E1J69, awarded to Wright Construction Group, Incorporated on November 17,2012, financial project number 200746-2-52-01. to rebuild the DEPARTMENT's rest area at Mile Marker 63. Work began on the contract on December 5, 2012. The construction of the Fire Station is close to being tlnished. D. fhe DEPARTMENT and the County disagrec on the meaning of the 2011 amendment, the costs that the amendment authorizes the DEPARTMENT to pay, and the DEPARI'MENT'S authority to utilize State Transportation Trust Fund revenues for the provision of public safety services. E. The Department intends to continue to seek legislative clarification of the meaning of the amendment. Irr anticipation of receiving such clarification, the DEPARTMENT is willing to fi1nd the Fire Station, frorn lau'fully available excess Alligator Alley toll revenues, as more specifically provided herein, and in accordance with the requirements of the Resolution o1'the Division of Bond Finance of the State Board of Administration adopted December 10, 1996, as such Resolution may be amended or supplemented fiom time to time (the "Resolution"), under which Bonds (as that term is defined in the Resolution) have been issued and are payable from the revenues of Alligator Alley ("Lawfully Available Revenues"), certain costs of the County anlicipated to be incurred for personnel, equipment, and other expenses a.ssociated with the County's public safety operations based at the Fire Station. AGREEMENT T'FIE PARTII]S HEREBY AGREE AS FOLLOWS: SECTION I. RECITALS lfhe reoitals above are incorporated in this Agreement. SECTION 2. PURPOSE. The Purpose of this Agreement is to provide the DEPARTMENT w'ill provide funding to the County terms and conditions under rvhich the for the County's expenses in purchasing Department- Collier County Intcrlocal Agreement 2 114 equipment, compensating County employees, and otherwise providing fire, rescue and emergency services utilizing the Fire Station, SECTION 3. TERM. This Agreement is effective on the Effective Date and shall remain in effect for four complete years (1460 days) fiom July I ,2014 through no later than June 30" 201 8 unless earlier terminated as provided belorv (thc "Tcrm"). In connection with this Agreemcnt, the parties will enter into a long term public purpose lease (the "Air Space Agreement") a copy of which is atlached as Exhibit "A"), which Air Space Agreement will survive beyond the term or earlier termination of this Agreement to allow the County to continue to occupy thc Fire Station after the expiration of this Agreernent. SEC'I'ION 4. DUTIES OF DEPARTMENI" During the Term of this Agreement, the DEPARTMENT shall, contingent on legislative appropriation and the availability of Lawfully Available Revenues: Complete construction of the Fire Station, including basic furnishings, fixtures and cquipment as outlined in the capital (one time) purchases in Exhibit "8" losated at Mile Marker 63 on I-75, Alligator Alley, Collier County, Florida, for the cxclusive use of the County fbr the duration of this Agreement and pursuant to the Air Space Agreement. The County may, at the discretion of the County Director of Ernergency Services, extend the use of the Fire Station to other State and County First Responder Agencies for satellite office spacc or itinerate public safety vehicle parking. as permitted under the Air Space Agreement. Provide water, sewer and trash services at the Fire Station, subject to the terms of the Air Space Agreement. Provide exterior maintenance at the Fire Station, including but not limited to: landscaping, mowing, tree trimming, litter management, painting and drivervay mainlenance, subject to the terms of the Air Space Agreement, Provide interior maintenance at the Pire Station, including but not limited to: water, sewer, and plumbing without charge to the County, subject to the terms of the Air Space Agreement. Provide routine, preventative maintenance and repair of the Fire Station's standby generator, rvithout charge to the County, subject to the terms of the Air Space Agreement. Department- Collier County lnterlocal Agreement 3 A. B. C. D. E. 114 Provide technical and minor construction assistarce, as may be required, to locate non- potable rvater sources adjacent to the F'ire Station required for filling firefighting water tanks on fire apparatus. Provide comrnunication equipment and/or two-way radio linkages between the assigned Road Ranger(s), assigned asset managenlent organization(s), Florida Ilighway Patrol ernd nearby toll gates on Alligator Alley, using the State Law Ent'orcement Radio System (SLERS) without charge to the County. H. Meet with the County/Ochopee Fire Control and Rescue District at least quarterly to discuss any issues concerning the state of repair of the Fire Station and to coordinate any necessary repairs in a timely manner. t.Cooperate in the implementation of any security systems including but not limited to access controls, closed circuit television securitv systems, weather reporting systems, trallic managsment cameras for emergency response coordination and other building automation that may be needed via the intemet or other communication systems. Disclose all master plans and daily operational plans with respect to the future opening of recreational access areas in proximity to the Fire Station to the Count,v so that it oan adequately plan and anticipate the nccessary resources to address sen'ice levels ltrr land search zrnd rescue, water search and rescue, missing pe$ons, wildfires and other emergency situations. 'Ihe DEPARTMENT understands and acknowledges that any equipment, apparatus and vehicles that may be funded pursuant to the terms of this Agreement shall be titled to the Collier County Board ofi County Commissioners. SECTION 5. DTJ]IE.S QE fTIEIQIN{TY. The Clounty shall lrave and perform the following duties, obligations and responsibilities: A. Avoid, rnitigate and actively prevent any and all safety and operational hazards to the DEPARTMENT'S mile marker 63 Rest Area. Ensure that the County's use of the Fire Station willnot impair the full use and sat'ety of Alligator Alley. B. Provide the follorving general serviccs at the Fire Station: fire protection, rescue, first response advance life support emergency medical response services and fire prevention services. Department- Coll ier County lnterlocal A greement 4 F. G. J. K. C I TA F'. Provide a phased approach to hiring, training and supplying manporver to the Ochopee Fire Control and Rescue District to ensure readiness for the commencement of emergency operations on day one of opening the Fire Station. The Counff estimates that the Fire Station will be fully staffed, equipped and otherwise operational no earlier than October 1,2074. Support existing response operations to Alligator Alley until the Fire Station is constructed and ready for occupancy. Provide the expertise to specify the apparatus and procure through competitive solicitations the acquisition of fire trucks, rescue vehicles, support vehicles, and other emergency response assets, supplies, disposable items and safety rssources determined necessary to be procured fiom available funding derived from DEPARTMENT provided available funds from Alligator Alley, Such items may include but not be limited to: hose, nozzles, protective clothing, uniforms, emergency lighting, firefighting foam, two- way radios, mobile and Public Safety Station computers, off-road vehicles, support vehicles, supply trailers for major responses, water rescue resources, land rescue resources, gps devices, furniture, fixtures and equipment, including but not limited to, computer monitors, televisions, telephones, data, cable, aircraft grade weather instrumentation and satellite communicates devices at the Fire Station. Provide the necessary property, pollution and liabilifl insurance on all fire trucks, apparatus, rescue vehicles, support vehicles, and other emergoncy response assets and safety resources utilized in the operations at the Fire Station. Provide reasonable accommodations for satellite office space and emergency shelter for F-lorida Highway Patrol Officers, Collier County Sheriff's Officers and State Road Rangers. H. Provide an 800 MI-lz Radio System and manage telecommunications and computing needs unless voice and data infra-structure resources are offered as an integrated component of the Fire Station. Provide fire-rescues services in support of vehicle accidents, hazardous materials rcsponse. r,ehicle extrication, dive-rescue support, car tlre and adjacent r.vildlire and wild-land fire-lighting and water searches and basic emergency medical care through Ochopee Fire Control and Rescue District personnel. J, Provide supplementary support services from other public fire department agencies tfuough existing or future mutual aid agreemcnts with the Ochopee Fire Control and Department- Collier County Interlocal Agreement 5 D. E,. G. I. tlA Rescue District, as a dependent district o1'the County, as County deems it necessary fulfill its obligations under this Agreenrent consistent rvith normal fire operations. L, Provide County Emergency Medical Services Personnel to supply, at a minimum, the following Advanced Life Support services originating at the Fire Station : (i) One fully trained advanced life support paramedic per shift capable of supporting on-scene emergency medical care as rvell as being part of any necessary fire-fighting team, The assigned paramedic will be fully equipped with a complement of drugs, automated external defibrillator, basic fire and rescue resources and a non-transport utility vehicle to allow for rapid response to single or concurrent emergency medical incidents. (ii) At its discretion, the Cournty may provide additional personnel fbr an on- site transport cre*'and ambulance at the Public Safety Station. Instances where such a need may arise include but are not limited to elevated threats for fire emergencies, hurricane evacuation, nuclear power plant evacuations, (iovernor mandated interstate contra-florv and/or escalated homeland security concerns. (iii) County will continue to provide its aero-medical tlight services and transport charges in accordancc with its cunent operating manual, weather rninirnums and Federal Aviation Administration protocols and guidance. The County will maintain operational control of the adjacent helispot. (iv) County will not be resporrsible for any ancillary duties related to the management of gates, permits, visitor logs or related duties as it pertains to recreational access visitor infbrmation needs and recreational access contrnls. Provide all necessary training, supervision and leadership of County/Ochopee Fire Control and Rescue District personnel to perform prompt and professional seruices out of the Fire Station pursuant to Exhibit "B." SECTION 6, AUDITS AND MONITORING REqUREMENTS. A. The administration of resources awarded by the DEPARTMENT to the County may be subject to audits and/or monitoring by the DEPARTMENT, as describcd in this section. In addition to reviews of audits conducted in accordance u'ith OMB Circular A-133, as revised, Department- Co I li er Counf,v I nterlocal A greemen t 6 K. f TA and Seclion 215.97, Florida Statutes, monitoring procedures may include, but not be limited to, on-site visits by DEPARTMENT staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the County agrees to comply and cooperate fully with auy monitoring procedures/processes deemed appropriate by the DEPARTMEN'|. ln the event the DEPARI'MENT determines that a limited scope audit of the County is appropriate, the County agrees to comply with any additional instructions provided by the DEPARTMENT staff regarding such audit. The County further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chicf Financial Of'ficer (CfO) or Auditor General. B. The County, as a local governmental entity as defined by Section ?15,97(2)Q), Florida Statutes, is required to have audits performed annually using the following criteria: (i) In the event that the County expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of the County, the County must have a state single or project-specihc audit for such fiscal year in accordance with Section2l5.97, F'lorida Statutes; applicable rules of the Exeoutive Office of the Governor and the CFO; and Chapters 10.550 (local govemment entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor General. EXFIIBIT C to this agreement indicates state financial assistance awarded ttrough thc DEPARTMEN'I by this agreement. In determining the state financial assistance expended in its fisoal year, the County shall consider all sources of state financial assistance received fiom the DEPAIT'IMENT, other state agencies, and other non-state entities. State flriancial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. (ii) In connection rvith the audit requirements, the County shall eusure that the audit complies with the requirements of Section 215.97(8). Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local government entities) or 10.650 (non-profit and fbr-prolit organizations), Rules of the Auditor General. (iii) If the County expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordalce with the provisions of Section 215.97, Florida Statutes, is not required, In the event that the County expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section2l5.97, Florida Statutes, the cost of thc audit mustbe paid from non-state entity's resources (i.e., the cost o1'such an audit must be paid lrom the County's resources obtained from other Department- Collicr County Interlocal Agreement 7 than State entities). (iv) State awards are to be identified (CSFA) title and number, award awarding it. I 1A using the Catalog of State Financial Assistance number and year, and name of the state agency (r) The County shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrcctive action and current status of the audit tindings is required. Current year audit findings require corrective action and status of tindings. (vi) Records related to unresolved audit tindings, appeals, or litigation shall be retainecl until the action is complete or the dispute is resolvcd. Access to pr<lject recorcls and audit work papers shall be given to the DEPARTMENT, the Comptroller. and the Auditor General. This section does not limit the authority of the DEPARTMENT to conduct or arrange tbr the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state ollicial. (vii) Any reports, management letter, or other information required to be submitted to the DEPARTMENT pursuant to this Agreement shall be submitted timely in accordance w'ith OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local govemment entities) or 10.650 (non-profit or for-profit organizations), Rules of the Auditor General, as applicable. The DEPARTMENT'S report submission information is : Mail: Florida Department of Transportation OIIic.e of ComPtroller Single Audit Section, MS 24 605 Survannee Street l-al lahassee, Florida 32399 -0450 (viii) The County, when submitting financial reporting packages to the DEPARTMENT tbr audits clone in accordance with OMB Circular 4-133 or Chapters 10.550 (local govemment entities) or 10.650 (non-profit or tbr-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package rvas delivered to the County in correspondence accompanying the reporting package. Department- Collier County Interlocal Agreement 8 114 (x) The County shall retain sufficient records demonstrating its compliance with the terms of this Agreement lbr a period of at least five (5) years from the date the audit report is issued, and shall allow the DEPARTMENT or its designee, the state CFO or Auditor Gcneral access to such records upon requcst, The Authority shall cnsure that the independent audit working papers are made available to the DEPARTMENT, or its designee, the state CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in rvriting by the DEPARTMENT. SEC"|ION 7. COIVIPLIANCE WII'H LAWS. A. 'I'he County shall allow public access to all doquments. papers, letters, or other material subject to the pror.,isions of Chapter I 19. Florida Statutes, and made or received by the Authority in conjunction with this Agreement, F'ailure by the County to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. B, The County shall comply with all federal, state and local laws and ordinances applicable to the work or payment for rvork thereof. The County shall not discriminate on thc grounds of race, color, religion, sex or national origin in the performance of work under this Agreement. C, No t-unds receivcd pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch, or a state agency. D. Nothing in this Agreement or the Air Space Agreement may be construed as creating an agency relationship. The County, its employees, and subcontractors are not agents of the DEPARTMENT. SECTION 8. FUNDTNG AND BUDGET PRI]PARATION. A. Ihe Fire Station will be staffed and operational in accordance rvith a phased payment process by the DEPARTMENT in conjunction with the State's Fiscal Year (SFY) calendar. The DEPAR'IMENT's funding tbr SF'Y 2013114 has been amended to add funding fbr thc purchase of equipment. 'l'he DEPARTMENT has included the funding in the tentative work program for SFY 2014115, SF-Y 2015116, SFY 2016/17 and SFY 2017118, Funding is contingent upon an annual legislative appropriation. The County's duty to perform as set forth Section 5 is subject to the Department timely providing the tunds necessary to procure equiprnent and obtain the staffing required to commence operations at the Fire Station. Department- Collier County lnterlocal Agreement 9 tlA B" 'l'he County shall not enter into any agreement or contract related to Fire Station operations that would result in an approved Budget category beirrg exceeded by ten percent or rnore without the DEPARTMENT's prior written approval. C. The total annual amount of funding under this Agreement is based on the estimated Schedule of Funding, Exhibit "B" attached to and incorporated in this Agreement. The County's estimated funding budget will remain firm for SFY 2014/15 but upon request from the County, in writing, at least 30 days prior to July l" for each subsequent year of the Agreement, a price adjustment will be made based on the annual Consumer Price Index (CPI) published by the Bureau of Labor Statistics of the United States Department of Labor, rvhich uses 1982-1984 as the base, and is the annual average for all expenditure items fbr all urban oonsluners, U.S. city average. 'l'he price adjustment, applied July I of every year, will be determined by taking the ratio of the CPI from the prior calendar ycar (January through December) to the CPI of the preceding calendar year. This indexing methodology is consistent with the way the Florida f)epartment of 'I'ransportation (FDOT) uses to adjusttoll rates on the Turnpike System and other toll tacilities owned by FDOT. D. All funds advanced by the DEPARTMENT shall be separated by the County from all other funds; and any interest eamed shall be retumed to the DEPARTMENT with the tjnal accounting of tirnds due for capital expenditures and the tinal accounting of operating expense at the completion of the contract term of the agreement as appropriate and set forth in the tbllowing sections. E, Subject to the terms of this Agreement, the DEPARTMENT rvill fund the County for its direct actual capital costs an amount not to exceed $1,761,235.00, as outlined in Exhibit "8." Such amount(s) must be invoiced by the County and may be advanced by the DEPARTMENT no earlier than 30 days prior to payment being due. An accounting of all funds advanced and interest eamed must be provided to the DEPARTMENT within 90 days of equipment receipt. F, In the initial year of the Term and during the subsequent years of the Term and subject to the terms of'this Agreement, the DEPARTMEN'I will fund the County .[br its direct actual costs of operating the fire station an amount each year not to exceed $1,498,100.00, as outlined in Exhibit "8" and as adjusted for CPI as outlined in paragraph C. above, The County will invoice and the DEPARTMENT will advance $389,000.00 on or before October 1,2014. Thereafter, the County will invoice on a monthy basis direct actual costs incurred. The County will deduct the advance fiom the last invoices of the contract period. An accounting of all funds advanced and interest earned must be provided to the DEPARTMENT within 90 days of sontract ending, Department- Collier County lnterlocal Agreement 10 r1 T TA G. Section 338.26(3), Florida Statutes provides a funding source to develop and operate the Fire Station tiom excess Lawfully Available Revenues derived from tolls generated on Alligator Alley that are deposited in the State Transportation Trust Fund. The DEPARTMENT shall manage and administer the excess lawfully available toll revenue derived from Alligator Alley and distribute f'unds in the amount pursuant to lalv and the Resolution, at its sole discretion. H, The County agreos to bear all expenses in excess o1' the DEPARTMENT's participation in this agreement. l'ravel costs will not be reimbursed. I. Invoices shall be submitted by the County in detail sufficient fbr a proper pre- audit and post audit thereof, based on the quantiliable. measurable and verifiable deliverables as established in Exhibit "8." Deliverables must be reccived and accepted in writing by the DEPARTMI3NT prior to reimbursements. J. Supporring documentation must establish that the deliverables were received and accepted in writing by the County. All costs charged by the County shall be supported by detailed invoices, proof of payments, contracts or vouchers evidencing in proper detail the nature and propriety ofthe charges. K. Itecords of costs incurred under the terms of this Agreement shall be maintained and made available Lrpon request to the DEPARTMENT at all times during the period of this Agreement and fbr five (5) years after final payment is made, Copies of these documents and records shall be furnished to the DEPARTMEN'II upon request. Records of costs irrcurred include the County's general accounting records and the Project records, together with supporting documents and records, of the contractor and all subcontractors perfonning work on the project, and all other records of the conffactor and subcontractors considered necessary by the DEPAI{T'MENT fbr a proper audit o1'costs. Any discrepancies revealed by any such audit shall be resolved by a corrected final billing from the County to the DEPARTMENT L. [n the event this Agreement is for services in excess of $25,000.00 and a term for a period of more than one (l) year, the provisions of Section 339"135(6)(a), F'.S., are incorporated: "The Departmcnt, during any fiscal year, shall not expend money, incur any Iiability, or enter into any contract r.vhich, by its terms, involves the cxpenditure of money in excess of the amounts budgeted as available for expenditure during such tlscal yezr. Any contract, verbal orlwitten, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department Department- Collier County Interlocal Agreement 11 rt l IA shall require a statement flom the Comptroller of the Department that such funds are available prior to cntering into any such contract or other binding commiLment ol'lunds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in exsess of $25,000.00 and which have a term for a period of more than I year." M. The DEPARTMENT's obligation to pay is contingent upon an annual appropriation by thc Florida Legislature as authorized under Section 338.26(3), Florida Statutes. The Parties agree that in the event funds are not appropriated to the DEPARTMENT lbr the Project, this Agreement may be terminated, which shall be effective upon the DEPARTMEN'I' giving notice of non-appropriation to the County. StsC]TION 9. INSURANCE. County shall provide and maintain a Commercial General Liability insurance policy of not less than One Million and 00/100 Dollars ($1,000,000.00). combined singlc limits while occupying the I'>ublic Saf-ety Station. In addition, County shall provide and maintain Worker's Compensation Insurance covering all its employees working at the F'ire Station in amounts consistent with the existing Statutory Limits in compliance with the applicable state and f'ederal laws. County shall also maintain standard fire and extended coverage insurance on its property located on or in the F'ire Station including, without limitation, furniture. equipment, personal property and supplies, in an arnount not less than the then-existing full replacement value. County shall maintain Business Automobile Liability Insurance, and Business Boat Liability Insurance, for automobiles and boats used by County in the course of its perf<rrrnance under duties at the Fire Station, each said policy in amounts of One Million and 00/100 Dollars ($ 1,000,000.00) combined single limit per occuruence. SECTION IO, QWNERSHIP. MAD{T'ENANCE AND OPERATION. A. The Fire Station shall be owned by DEPARTMENT but shall be lcased to the County pursuant to the Airspace Agreement (Exhibit "A"). B" The County shall have the exclusive use of the Fire Station, subject to State or Local Law Enlbroement having the ability to station officers, agents or response teams (based on space and availability). Depaftment- Collier County Interlocal Agreement t2 vl TlA rl C. All equipment, personal property, vehicles, apparatus and supplies acquired by County with funding provided by DEPARTMENT under this Agreement shall remain the property of County, notwithstanding any termination of this Agreement. SECTION I I. INDEMNIFICATION STATEMENT. Each Party shali be liable for its own aotions and negligence and, to the extent permitted by law, Counly shall indemnify, defend and hold harmless DEPARTMENT against any actions, claims and damages arising out of County's negligence in its perforrnance of this Agreement, and DEPARTMENT shall indemnify, defend and hold harmless County against any actions, claims, or damages arising out of the DEPARTMENT's negligence in connection with this Agreement. The fcrregoing indemnification sharll not constitute a waiver of sovereign immunity beyond the limits set tbrth in Florida Statutes, Section 768.28, nor shall the same be construed to constitutc agreement by either Party to indemnify the other Party for such other Party's negligent acts or omissions. SECTION 12. DEFAULT AND TERMINATION. A. This Agreement shall remain in etlbct for the Term unless earlier terminated as follows: 1) If either Party fails to fulfill its obligations under this Agrecment in a timely and satisfactory manner, or if either Parly breaches any of the provisions, covenants or stipulations under this Agreement, the other Party shall give a written notice to the Party in default stating the failure or breach and provide a rea^sonable time period for correction of same. In thc event the correction is not made in the allotted time, the other Party may send a notice of intent to terminate, effective no earlier than 120 days. Within 30 days of the notice of intent to terminate, each Party's designated representatives shall meet to resolve the dispute. 2) 'l'he pertbrmance of any and all provisions of this Agreement by the County and DEPARTMENT are expressly conditioned upon the availability of funds la*fully eollected, appropriated and budgeted by the DEPARTMENT. If sufficient Lawhrlly Available Funds are either not available or are not appropriated for the DEPARTMENT to fulfill its duties under this Agreement, this Agrcement may be terminated by the DEPARI'MENT. 3) 'I'he DEPARTMENI' shall be entitled to terminate this Agreement effective irnmediately upon any determination by the Division of Bond Finance, or a court with jurisdiction, that any payment by the DEPARTMENT hereundcr would violate the terms of the Resolution. Department- Collier County Interlocal Agreement 13 114 SI]CTION I3. RESOLUTION OF DISPTJTES. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disprLtes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. 'fhe negotiation shall be attended by representatives of DEPARTMENI' and County staff persons who rvould make the presentation of any settlement reached during negotiations to their respective agencies for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parlies arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of DEPARTMENT and County staff persons who would make the presentation of any settlement reached during negotiations to their respective agencies for approval. Should either pany fhil to submit to mediation as required hereunder, the other party may obtain a court order requiring rnediation under section 44,1A2, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be br<lught in the appropriate tbderal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. The Parties may avail themselves of each and every remedy herein specifically given to it now or existing in law or in equity, and eaeh and every such remedy shall be in addition to every other remedy so specifically given or otherwise so existing and may be exercised by from time to time and as often and in such order as may be deemed expedient. l"he exercise or the beginning of the exercise, of one remedy shall not be deemed a waiver of the right to exercise, at the same time or thereafter, of any other remedy, The Parties' remedies as set forth in the Agreement are not exclusive and are in addition to any other rights and remedies in law or in equity. SECTION I 4. MISCELLANEOUS PROVISIONS. A. In no event shall the making by the DEPARTMENT of any payment to the County constitute or be construcd as a waiver by the DEPARTMENT o1'any breach oflcovenant or any delault which may then exist, on the part of the County, and the making of such payment by the DEPARTMENT while any such breach or delhult shall exist shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default, B. This Agreement shall be govemed by and interpreted in accordance with the laws of thc State of Florida. Any provision in this Agreement determined by a court of competent jurisdiction. or any othcr legally constituted body having jurisdiction, to be invalid or Department- Collier County lnterl ocal Agrcement 74 rl 114 unenforceable shall be severable and the remainder of this Agreement shall remain in full force and effect, provided that the invalidated or unenforoeable provision is not material to the intended operation oflthis Agreement. Venue for any action arising under this Agreement shall be in Collier County, Florida. C. This Agreement shall be effective upon the Effective Date and shall continue in effect and be binding on the parties until the Project is completed, any subsequent litigation is complete and terminated, final costs are known, and legislatively appropriated reimbursements, itiapproved, are made by the DEPARTMENT. D. PUBLIC ENTITY CRIME INFORMATION AND ANTI-DISCRIMINATION STATEMENT: A person or afirliate who has been placed on the convicted vendor list following a conviction tbr a public entity erime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform rvork as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not ffansact business rvith any public entity in excess o1'the threshold amount provided in Seotion 287 ,017, for CA |EGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not subntit bids on leases of real property to a public entity, may not be awarded or perfbrm work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. The DEPARTMENT and the Count-v acknowledge and agree to the tbllowing: The County shall utilize the U.S. DEPARTMENT of Homeland Security's E- Verify system to verify the employnrent eligibility of all new employees hired by the County during the term of this Agrcement; and The County shall expressly require any consultants and subconsultants performing work or providing services pursuant to this Agreement to likewise utilize the U.S, DEPARTMENT of Homeland Security's E-Verify system to verify the employment eligibility of all new ernployees hired by the consultant/subconsultant during the term of this Agreement. No waiver of any breach of this Agreement by any of the Parties shall be held to be a waiver of any subsequent breach, F'ailure of any Party to enforce any of the provisions of Department- Collier County Interlocal Agreement 15 E. It F. 114 I this Agreement, or to require perfiormance of any of the provisions herein, shall in no way be construed to be a waiver of such conditions, nor in any way effect the validity of this Agreement or any part thereof, or the right ofany Party to enforce each and every such provision. G. Nothing in this Agreement shall impair a Party's right to seek injunctive relief from the Court if immediate and irreparable injury, loss or damage to any rights arising from this Agreement will occur. H. This Agreemenl is solely for the benefrt of the Parties to this Agreement and no third party shall be entitled to claim or enforce any rights under this Agreement. The parties may not assign this Agreement or any right or obligation of this agreement without the written consent of the other party, except that in the event that the Ochopee Fire Control and Rescue District is merged or consolidated into another Fire Dishict, the County may assign the Agreement to the merged or consolidated Fire District with advance notice to the Department. I. All notices or other communications shall be deemed suflicient if made in writing and delivered eithcr by electronic mail or by tirst-class mail, poslage prepaid, to each Party at its respective address set forth below, or such other address as such Party may designate to the others in writing: COUNTY: County Manager Collier County Government 3299 Tamiami I'rail East, Suite 202 Naples, F"lorida 34112 DEPARTMENT : Florida Department of Transportation District One Secretary 801 North Broadway Avenue Bartow, FL 33830 Notices sent by mail shall be deemed given when properly mailed, and the postmark affixed by the United States Post Office shall be conclusive evidence. J. This Agreement and its attached exhibits embody the entire Agreement between the Authority and the DEPARTMENT. No other understandings, oral or otherwise, Department- Col lier County lnterlocal Agreem ent 16 1 1A regarding the subject matter of this Agreement shall be deemed to exist or to bind the Parties hereto. K. No modification or change to the Agreement shall be valid or binding upon the Parties unless in writing and executed by the Party or Parties intended to be bound by it. L. This Agreement may be executed in counterparts and in duplicate originals. Department- Coll ier County Interlocal Agreement t7 114 IN WITNESS WHEREOF, the County and Department have executed this Agreement on the day and year first above written, BOARD OF COUNTY COMMISSIONEI{S, COLLIER COUNTY, FLORIDA Approved as to fbrm and legality: FI.ORII)AI{ t OF By: R]' Aururlt 7r{r*s, 56cure(Y (Print Name and Title) ON Legal Revierv: Department- Collier County Interlocal Agreetnenl 18 A'l--l'ES"li1 . ,:' t.. ,... DWIGHT. E: "BROCK, CICrK CFIAIRMAN '['each, Deputy County Attorney Cornmissioner t 1A '{H EXHIBIT A - Insert Airspace Agreement Department- Collier County lnterlocal Agreemcnt 19 t 1A ITEM/SEGMENT NO.: zNl 141 MANAGING OISTRICT: One FAP.NO:N/A STATEROADNO.:93(L75) _ .. ... _ --- COUNTY: Collier PARCEL NO: 500 {.l- THIS AGREEMENT, made ttris I 1 . Oay ot rJle|.l-Ecstslrt€ 202. Naoleo. Florida 34'l 12 (Lessee) and the STATE OF FLORIDA DEPARTII,?ENT OF TRANSPORTATION (Departmenl), an agency ol the State of Ftorida (State). WT}.IESSE-T-IL WHEREAS, the Department may convey a leasehold in the narne of the State. in any land. buildings, or other property. real or personal, acquired under Section 337 25, Florida Statutes: and WHEREAS, the United States Depsrtment of Transportalion, Federal Hghway Administralion (FHWA), requrres any use ol airspace above, and/or below the highway's estaUished gradeline, lying within the approved right of way lirnits on a Federal Aid System. to be accomplished pursuant to an airspace agreement in accordance with 23 CFR. Part 710, and WHEREAS, lhe Department has scquired sufficient legal right, title, and inlerest in the right ol way of Parcel -50Q ... . .. "-- which includes the property described in Exhibit "A'' altached hereto and made a part hereof, which right of way is part ol a highway on a Federal Aid Syslem; and WHEREAS, lhe Department desires to lesse to Lessee the airspace above or below the gradeline of the property described in Exhibit "A", attached and made a part hereof for the folloring purposo: WHE*EAS, the proposed use will nol impair lhe full use and sably of lhe highway, requite or permit vehicular access lo such space directly from the established gradeline of said highway, or interfere with the free flow of trafiic on said highway NOW, THEREFORE, in consideralion of the premises made a part hereof, and the covenants. promrses, understandings, and agreements made by each pa(y to lhe other as set forlh herein. the Depsrtment ancl lhe Lessee do hereby mutually 6gree as follows Premises The premises hereto are true and correcl and form an integral part of this Agreement 2 Term The Depar{menl does hereby lease unlo Lessee lhe anspace above or belour gradeline of the property for a period of Fitr68) years _ beginning with the date of this Agreement. One rencural ol lhis Agreement may be made for Fifu {50) vears . llowever, except for a pub'lic purpose conveyance, such renewal msy not exceed live years. Nothiog herein shall be congtrued to in any way granl an interest in the property lyrng below said airspace 3. Rent a Lessee shall pay to the Deparlrnenl as renl each n month E quarter [] year on or before lhe lirst day of each rent payment period, N/A plus applicable sales tax When this Agreement is terminated any unearned rent and sales tax payment shall be refunded to Les$ee However, no such refund shall be made where termination is due to Lessee's violalion of a lerm or condilion of this Agreernent STAIE OF FTORICA DE9ARTUENT OT TRANSPORTATION Airspace Agroernent Public Purpose 114 5t3@-32 riloHr ct wAY ?ff"tY] b. The Depadmenl reserves the right io review and adjust the rental fee biannually and al renewal lo r€llect markel condilions. c. All renlal payments are lo be made by check or money order, payable to lhe Slate of Florida Department of Transportation and delivered on or be{ore the due dale to: N/A d. Lessee shall be responsible for all staie, counly, city, and local taxes that may be assessed, including real prope(y taxes and special assessments. ln the event that no rent is specifed herein, then it has been determined that either the use by Lessee is a nonproprietary use by a govemmental agency or an exception from lhe cunent fair markel rental value requiremenl (23 U.S C. Section 156) has been obtained for gocial, environmental, or economic mitigation (SEE) purposes. ln the event thal it should be delermined at any time lhat the use is not a nonpropnelary use by a governmential agency or that lhe SEE exception does not apply or has been revoked, Lessee agrees to pay, al that time, rent as determined io be the fair rnartet rentel value by an independent appraiser cerlified by the Deparlmenl, and Lessee furlher agrees to pay such rent, under the remaining terms and conditions of lhis Paragraph 3, for the remarninE lerm (including renewals) of this Agreemenl. e Any inslallment of rent not received wilhin ten (10) days after the due dale shell bear interest at the highest rale allowed by law from the due date thereof, per Seclion 55.03(1), Florida Statutes. This provision shall not obligate the Departrnent to aacept late rent paymenls or provide Lessee a grace period. 4 Use. Occupancy. And Maintenange a The Lessee shall be responsible for developing and operating the airspace as set forth heretn. b lhe Lessae's proposed use ol lhe airspace is as follows: Fire Station sewing the western counlie: of Alligator Alley (l-75) at rnile marker 63 Resl Area. c The general design for the use of the airspace, including any facililies to be construcled, and the maps, plans, and sketches setting out the pertinenl featuros of lhe use of the airspace in relation to the highway facility are set fo(h in composile Exhibil "8" altached hereto and by this reference made a part hereof. ln addilion, s6id composito Exhibit "B" also contains a three-dimensional description of the space to be used, unless the uE€ is of a surface area beneath an elevated highway struclure or adjacent to a highway roadway for recreation, public park, beautification, parking of motor vehicles. public mass fansit facilities, or other similar uses, in which case, a meles and bounds dBscriptiofl of the surface area, togeih€r with appropriate plans or qoss seclions ctrearly defining the vertical uee limits, may be substiluted for said three-dimensional description in said composite Erhibit "8" d Any change in lhe authorized use of the airspace or revision in the design or @nstruction of the facility described in Exhibit "B'' shall require prior writlen approval from the appropriate Diatricl Secretary of the Oepartment, subject to concurrence by the FHWA e. The Deparlment, through its duly aulhorized representatives, omployees. and conlractors, and any authonzed FHWA representative, rnay enler the facility al any time for the purpose of inspeclion, maintenance, or reconstruclion of the highway and adjacent facilities, wh6n necBssa,y: or lor the purpose of surveying, drilling, monitoring well inetallations, sampling, remedialion, and any other action which is reasonable and necessary to conduc{ an environmefltal assessmenl or to abale an environmental hazar<J f Lessee. at Lessee's sole cost and expense, shsll maintain the facility to occupy lhe airspace 80 ss to assure thet the slruclures and lhe area withifl the highway right of way boundaries will be kept in good condition, both as to safety and appearance Such maintenance will be accomplished in a manner so as to causs no unreasonable irrierference with the highway use. ln lhe evenl that Lessee fails to so mainlain the facility. the Deparlment, through its duly authorizad representatives. employees, and conlractors, rnay enter the tacility to perform such work, and lhe cosl lhereot shell be ctrafgeable to the Lessee and shall be immedialely due and payable to lhe Deparlment Lrpon the performance of such work g Portable or temporary advertising signs are prohibited. h. Thedesign.occupancy,andu$eoftheairspaceshall notadverselyaffeclttreuse,safety,appearanc€.orenjoymenloflhe highway by smoke furnes, vapors. odors, droppings, or any olher obiectionable discharges or ernissions. or nuisances of any klnd lherefrom- i, When, for the proposed use of the airspace, the highway reguires additional highway facilities for the proper op€ration and mainlenance of the highway, such facilitiss shall be provided by lhe Lessee wilhout cosl lo either the D€parimenl or the FHWA and subject to both Depertment and FHWA approval. 1, The proposed use shall not cause or allow any changes in the existing drainage on lhe prop€rty under lhe airspace 5/i C['G:J2 NIGHT OI IYAY o6c o&c{i PYJt i !'t; k Lessee shall nol occupy, use, permit, or suffer the airspace, the property, the faciliiy, or any pad lhereof to be occupied or used for any illegal busioess use or purpose, for the manufadure or slorcge of llammable, explosive. or hazardous material, or any other hazardous activity, or in such manner as to constitute a nuisance of any kind, nw lor any purpose or in any way in violation of any present or future federal. state, or local taws, orders, directions, ordinances, or regulations. I Any activities in any way invqlving hazardous materials or substances of any kind whelsosver, oither as those terrns rnay be defined under any siate or federal lar,vs or regulaiiofls, or ae those terms are underslood in common usage, are specificstly prohibited. The use of petroleum products, pollutants, and other hazardous materials aftcting the property rs prohibited Lessee shall be held responsible for the performance of and payment for any environmental remediqtion that may be necassary, as delermined by lhe Departmenl Similarly, if any contamination eilher spread to or was released onto adjoining property as a result ol Lessee's use of the airspace under lease. the Lessee shall be held similarly responsible. The Lessee shall indernnifo, defend, and hold harmless the Department from any clairn, loss, damage, cosi, charge, or exp€nse erising oul of any such contarnination. m, Existing util;ties and all conesponding easemenls shall remain in place and Lessee shall not dislurb or inlerfare with the same 5 ln.demnificatig!.- (select applicable pangraph) ffi Lesseo ie a Governmental Agency To the exlent provided by law. Lessee shall indemniff, defend, and hold harmless lhe Department and eil of ils officers, agenls. and employees from any claim, loss, damage, cost, charge, or expeflse arising out ol any ecl, enor. omission, or negligent act by Lessee, its officers, agents, or employees, during the performance of the Agreement, excapt that neilher Lessee, its agents. or ils employees will be liable under this paragr:lph lor any ctaim, loss, damage, cost, charge, or expense arising oui of any acl, error, onrrission, or negligent act by the Department or any of its offrcers. agents, or ernployees dur,ing the performance of the Agreement. See addendum. When the Oepartment receives a notice of deim for damages that may have been caused by Lessee in the perlormance of services required under this Agreement, the Department will immediately forwerd the claim lo Lessee. Lessee end lhe Deparlmenl will evaluate the claim and reporl their findings to each other wilhin fourteen (14) working days and will jointly discuss options in defending the claim After reviewing the claim, the Oeparlment will determine whether lo require the participation of Lesgee in the defense ol lhe claim or to require that Lessee defend the Deparlment in such claim as described in thi$ section. The Dep€rtment's failure lo promptly notif Lessee of a clainn shsll not act as a waiver of any right herein to require lhe parliopation in or defense of the clairn by Lossee. The Departmenl end Lessee will each pay its own expenret for lhe evaluation. settlement negotiations, and trial, il any Note: No longer required for local governmenls ! Lessee ig not a Govemmental Agency l-essee shail indemnify, defend, save, and hold hannbss the Department, its agents, o{fcers, and ernployees, from any losses, fines, penalties, costs" damages, claims. demands, surts, and liabilitiee of any nature, lncluding afiorney's fees (including regulatory and appellate feos), arising out of or because of any acte , ac{ion, neglect, or onrission by Lessee, ar due to any accident, happening, or occurrence on the leaeed property or arising in any manner ftom the exerci$e or altempted exercise of Lessee's rights hereunder whelher ihe same regsrds person or property of any nature whatsoever, regardless of lhe apportionment of negtigence, unless due lo lhe sole negligence of the Deparimenl Lesee's obligation to rndemni!, defend, and pay for lhe d€fense or al the Depadmenl's option, to participate. and to a$sociate with the Depadmenl in the defense and trial of any claim and any related setllemenl negotiations, shall be triggered by the Lessor's nolice of claim for indemnilicalion lo Lessee. Lesses's inability to eveluBte liability or its evaluation of liability shall not excuse Lessee's duty to defend and indemnily wiihin seven days after such notice by the Deparlr$enl is given by regislered mail Only an adjudication or judgment after the highest appeal is exhausted specifically ftnding the Oepartment solely ftegligenl shall excuse performance of this provision by Lessee. Lessee shall pey all costs and fees related to this obligation and its enforcem€nl by the Deparlment. The Depertment's tailure to noti! Lessee of a claim shall nol release Lcss€e ol the above duty lo defend. Note: No longer required for local govemmenls. 6. lngur_an-c.e" Lessee at its expense, shall maintain at all limes during the term ol this Agreement, public Iabilig insurance protecting the Deparlmenl and Lessee against any and all claims for injury and damage lo persons and property, and for lhe loss of life or property occurring in" on, or about the land arising out of lhe act, negligenc€, ofiiEs.ion, nonfeasance, or meffeasance of Lessee, ils ernployees, agents, conlraciors, customeB, licensees, afld ifivilees. Such ineurance shall be canied in a minimum amount of nol less than N/A ($ 0@ -. ---) for bodily injury or death to any one person or any number of persons in any one occurence and not less than _IliA.. * ($ 0.00 ___) lor properly damage, or a combrned coverage of not less than .N/A - _ ($ 0.00 __ _ ). All such policirss shall be issued by c€mpanies licensed to do business in the State of Florida and all such policies shall contain a provision whereby the same cannot be canceled or rnodified tunless lhe Depertmeni is given at least sixty (60) days prior wrilten nolice of wch cancellation or modification Lessee shall provide t.' the Oepartmenl cerlificates showing such insurance to be in place and showing the Deparlment as additional insured under the 114 5/5 {DU32 lilcltT 0F 'rltY ?*:T? policies. lf self-insured or under a risk management prcgram, Lessee represenls ihat euch minimum coverage for liability will be provided for the property. NOTE: COLLIER COUNTY lS SELF INSURED. 7 Terminatiqn a. Thrs Agreement may be terminaled by either party wilhout causa upon " Number 7-q. on Paqg Seven' b lt rs understood and agreed to by the Lessce ihat the Deparlmenl reserves the right to terminate this Agreement rmmediately wilhout prior nolice, in the event the Lessee vio{ates any of the condilions of this Agreement and such violalion is nol corrected wilhin a reasonable lime after writlen notioe of noncompliaflce has been given. ln the evenl the Agreemenl is tenninated and the Department deems it necessary to request ihe removal of the lacility ofl the property, the removal shall be accomplished by the Lessee In a manner prescribed by the Department at no e,osl to the Oepartment or the FHWA c. The Lessee musl notify lhe Doparlm€nl of its interrtion to renew this Agreemenl not laterlhan thirty (30) days prior to the expiration of the original term. Lessee's failure to comply wilh the foregoing notice provision may result in ihe Departmenl's refusal lo renew lhe Agreemenl. d. Upon termination of this Agreernent, L€ssee shall deliver the propeny to lhe Department, or its agents, in the conditron existing at the commencement of this Agreement, normal wear and lear excepted, unless a facility, any improvemenl, or any parl thereof has beerr Gonslructed on lhe property. e. lf removal ol the facility, improvements, or any part thereof is requested by lhe Department, any such structures shall be removed by the Lessee at Lessee s expens€ by midnight ol the day of terminalion of this Agreement and the prorcny restored as nearly as practicable f. Thts Agreement is termineble by the Oepartment in th€ €vent thst the facility ceases to be used for its intended purpose or rs abandoned. B Eminent Domain l-essee acknowledges and agrees that ils relationship with the Department under this Agreement is one o{ landlord and tenant and no olher relalionship eilher expressed or imptied shall be deemed to apply to the p€rties under this Agreemenl. Terminatron of this Agreement lor any cause shall nol be deemed a taking under any eminent domain or other law so as to entitle Lessee to compensation for any interest suffered or lost as a result of lerminalion of this Agreemenl, including any residual intsrest in the AEreemenl or any other facts or circumstances arising oul of or in connection with lhis Agresment. Lessee hereby waives and reliflquishes any legal rights and monetefy claims wfrich it rnight have for full eompensalion, or damages of any sorl, including special damages, severan@ damages, removal cosls, or loss of business profits, resulting from Lessee's loss of occupancy of lhe property specilTed in this Agreement, or arry suctr rights, claims, or damages flowirrg from adjacenl properties owned or leased by Lesgee as a resull of Lessee's loss of occupancy ol the propsdy specified in lhis Agreement. Lessee also hereby waives and relinquishes any leg6l rights and monetary claims vrhich it might have for full compenmtion, or damages of any sorl as set out above, as a result of Lessee's loss of oo.upancy of lhe property, when any or all adiaenl properlies owned or leased by Lessee are taken by eminent domain proceedings or sold under the threal lhereof. This waiwr and relinquishmenl appties whether this Agreement is still in existence on the date of laking or sale or has been terminated prior thereto. 9 Miscellaqelus a The airspace and Lessee's rights under this Agreernent shall not be lransferred. assigned, or conveyed lo anolher party without the prior enttlen conssnt of the Oepartm€nt, subiect to concurrence by the FHWA. b ln conformance wlth the CMI Rights Acl of 1964 (-litle Vl, A,ppendix "C") and 49 GFR Parl 21. Lecsee agrees as follows. 1 That as a part of the consideralion hercof, Lessee does hereby @venent and agree as a covenant running with the land that (1) no person, on the ground ol raca, color, s6x, or national origirt shall be excluded from participation in, be denied the beneltts of, or be olheruise subjected to discrimineiion in the uee of said prop€rty and tecility; (2) tnat in connection wilh lhe conslruclion of any improvemenls on said property and facility and the lurnishing of sarvices thereon, no diacriminatbn shall be pradiced in lhe selection of employees and conlractors, by contractom; and (3) lhat the Less€e shell use th€ property and facility in cornpliance wrlh all olher requiremenls imposed pursusnt to 15 CFR Part 8, Subpart A. 2 fhal in the eveni of breach of any of lhe abovo covenanls, the Dspadm€nl shall have the righl to terminale this Agreement and to re-enler and repossess said property and the facility thereon, and hold lhe same as if this Agreement had never been made or issued c During the term of lhis Agreement Le3soe shall, at Lessee's own cost and expenge, promplly observe and comply with all present orfulure laws, requirements, orders, d,rections, ordinancee, and regulstions of the United Slates of America, the State of ;l 1 1A 5ii"660-32 RIGI{I OF WAY ?L."# Florida, county or local governments, or other lawful authorily wfiatsoever, affecling the land, prop€rty, and tacility or appurtenances or any parl thereo{. and of all insurance policies covering the property, land, and facility, or eny part lhereof d, lnaddilionloorinlieuoflhetermsandconditionsconlainedherein,theprovisionsofanyAddondumofevendateherewrth which is idenlified to be a parl hereof is hereby incorporaled herein and made a part hereof by this reference ln the evenl of any conflict between the terms and conditions hereof and the provisions of the Addendurn(s), the provisions of the Addendurn(s) shall control, unless the provisions lhereof are prohibited by law e. This Agreement consliluies the complete and Jinal expression of lhe parlies with respec{ to lhe subiect mattrer hersof and supersedes all prior agreements, understandings, or negotiations with rerpect thereto Any provision hereof found to be unlawful or unenforceable shall be sevsreble and shall not sffecl the validig of the remaining poffons hersof, f Lessee acknowledges that it has revieued this Agreement, is familiar with its terms, and has had adequate opportunity to review this Agreement with legal counsel of Lessee's choosing. Lessee has entered into lhis Agre€ment freely and voluntarily This Agreement conlains the complete understanding of the parlies wilh reepect lo the subjecl matter trereof Afl prior underslandings and agreemenls, oral or wrilten, heretofore made belween the parties andor betureen Lessee and any previous owner of the property and landlord of Lessee are merged in this Agreemenl, which alone, fully and completely express lhe agreement b€tween Lessee and lhe Department with respecl to lhe subjed matler hereof. No modification, waiver. or amqndment of this Agreement or any of its conditions or provisions shall be binding upon the Department or Lessee unless in uriting and signed by both parties g. Lessee shall be solely responsible for all bills for electncity, lighling, power. gas. waler, telephone, and telegraph services. or any olher utility or service used on the property, h. This Agreement shall be governed by the laws oi the Stete of Florida, and any applicable laws of the Uniled States of America i. All notices lo the Oepartmsnl shall be sent to the sddress for r€nl paymenls and all notices lo Lessee shall be sent to the property address provided herein or olhenrise provided in writing to ths D€partment, 8y: Name: Titte: 114 5t5<tu32 NIGHT OF WAY oGC o8,q9 Psg* 5 c{ 7 lN WITNESS WHEREOF, the partiea lr€.Eto have catreed lhe*e presents to bs exec,uted, the day and year first above written. STATE OF FLORIDA TOM HENNING Name: Billv Hattayrray CHAIRMAN Name/Title:Attest: Name: Title: It--,,0leAr- Name: Eztx Feuu, rn *^ ) sigmture only. By: r 1A 575"060.32 RICTIT OF WAY occ 58/09 Pagc 7 cl I ADDENDUM This is an Addendum io that certain Lease Agreement between oollealsuDdlvisbn of the SEte of Elorida aM the State of Florida Deperlmenl of Transportation dated the $la&-,2014.l day of ln addilion to the provisions contained in said Agreement, the folloring lerms and condilions shall be deemed to be a pad lhereof pursuant to Paragraph I (b) of said Agreernenl: The provision 4. l. above is removed and replaced with the following provision: Lessee's use of lhe prcperty includes the use of petroleum products and hazardous materials. Such use may caus€ pollulant or hazardous substance contaminalion ("contaminalbn"). Lessee shall be held responsible for the performance of and payment for any environmental rernedietion thal may arise from any such contaminalion, as detennined by ihe Oepartment, and State. federal and local environmental agencies. Similady, if any contamination either spreads to or is relea$ed onto adjoining property as a resuh of Lessee's use of the airspace under lease, lhe Lessee shatl be held aimilarly responsib,le. The Lessee ehatl indemnify, defend, and hold harmless the Department from any claim, loss, darnage, cosl, charge, or exp€nse arising oul ol any such contamination Number 7.9.: ln the event terminalion of this Airspace Agreement is necessitated by the Depaflment's need to utilize its Right of Way, or in the event of a declared national or stale emergency. or if there exisls a safeg or operational probbm in regard lo the Righl of Way, oI if a structural problem arises ln regsrd to the Lessees'improvements, the perties shall lointly agree to a reasonable terminalion date. STATE OF FLORIDA Name TOI\'1 HENNING Neme; Billy Hattaway CHAIRMAN Attesl: Name/Title: The Board of County Commissioners of TRANSPORTATION By Tle lLt C-LEQ-\* and legality *J Neme:8."1 Fznn, ,rr - r\ Altest: Namei Trlle: 114 FP NO . 200'746-2 SECTTON 03075-2402 PARCEL 5OO COLI,IER COTJNTY LEASE PARCEI, A parcel of land in Section 1, Township 50 South, Range 32 East,Collier County, Florida being more particularly described as follows: Commence at the northeast corner of Section 1, Township 50 Sout.h, Range 32 East, Collier County. Florida; thence SouLh 03o18,26,East along the east line of said Section l" and the eaet Iine of Range 32 East a distance of 300.52 feet. to the existing limited access right of way line of State Road 93 (I-75) as shown on Florida Department of TransporEation Right of Way Map Section O3O7S-2402, thence continue aLong said limited access right of way line South 03018'26,, East a dieEance of 213.34 feet; thence South 7o"o7'24" wesE along said limite<l access right of way line a distance of 553.88 feet to Lhe POINT OF BEGINNfNG; thence continue South 7Oo 07 ' 24', WesE. along said 1i_mited access right of way Line a di.stance of 51.68 feet; thence departi.ng said limited access right of way rine south g9'59'45" west a distance of 219.54 feet; Lhence North OOo0O'14,rWest a distance of 90.55 feet; thence Solrth 89o59r46" West a distance of 15.01 feet;thence North 00a15r54rr West a distance of 240.90 feet; thence NorEh 89o59'46I' Eaat a distance of 2A4.35 f eet,. thence South 00000r14,'East a distance of 313.99 feet t.o the said limited access right of $ray line and t,he POINT OF BEGINNING. Containing 2.).tg acres, more or less. 527 5 Page 1 of 2 E SECTION 1 I I I @t mo z-1 z^ Za o v 3 tr z m >m nx m:i 6z E =E = tr:l a zfr mo t ..it, ,/-..d6?J! -€]'rX / aor^^ \oor"u ,, l-" c4sr Slement Drrcc'.ion rrSlanc e -NE 1 s 70. 07' 24" W ) t o5 N 00" 00' 1a'w r.- NE l s tl9'59'46" )iv 15 01 FLORIDA DEPARTMENT OF TRANSPORTATION PARCEL SKETCH - NOT A SURVEY STATE ROAD NO. 9l (l-75)COLLIER COUNTY i ., I nor, l;it;;mry I ---------.iFDo'r I:::Y- Bi.WN ff * oncwri i trtv I l-rs-zo ro l__.......... . __ . __ _ .l , .i:.y.-_ ll.-1- cxecreo I M^c | ,.,o.roro I F.P. NO 200745-2 SECTION 03075-2402 i plCe Z Of Z 11 EXHIBIT B - Schcdule of Direct Capital Expenses and Annual Funding Schedule Item/Work Estimated Budgeted Amount for Capitaland O& M Action/Milestone Estimated Eudget Annual 3.5 Paramedics Hired (includes uniforms and protective clothing) Annual9.5 Fire Fighters Hired - Uniform/Gear noted below, Will include Budget Analyst support. Annual Adm inll ndirect/800mhz Maintenance and lT account support charges Annual Building Maintenance after Warranty Estimated including generator Annual Bulk Fuel on-site- estimated includes trucks and station generator original fill and estimated annual consumption Annual Canaldive and water search and rescue equipment, haz-mat absorbent and response, minor medical. disposables, and FF Foam Annual HazlMat-Mut/Aid Contg s389,000 $833,000 S12,ooo s4,500 512,ooo Department- Collier County Interlocal Agreemcnt 20 I s16,000 S12,soo Annual lnsurance-All Coverage- Estimates for Workers Comp, Facility, errors and omissions, malpractice, portable equipment and environmental estimated (includes Flood and Builders Risk which may be deemed not needed) ((Original quote has vehicles slightly below current estimates)) Annual Minor office supplies Annual Minor station supplies Annual Phone, Data, Electric,est,(Water Sewer included in site lease provided by FDOT Rest Area systems) Annual Vehicle and Small Equipment and compressor, Maintenance, Repair, SCBA testing/certification and calibration- Most items under warranty year 1. Capital4wd Crew Cab Brush/Squad minor hand tools and 1 mobile radio, Florida Fleet Sheriff's Bid estimate. s208,000 ssoo S1,zoo s7,600 s1,8oo s126,000 Depamment- Collier County lnterlocal Agreement 21 ItA l:.t Capital- ALS Heavy Rescue Apparatus turnkey fu lly equipped, equipment mounting, less medical and canal rescue supplies include (1) mobile radio. Florida Fleet Sheriff's Bid estimate Capital Fire Fighting Water Tender, turnkey fully equipped, equiprnent mounting, less medical, canal rescue and firefighting bulk foam. Includes l mobile radio. Florida Fleet Sheriff's Bid estimate. Capital Protective Clothing/Uniform, minor safety equipment estimated fire-fighter(s) only. CapitalStation Fur, Fix, Equip, Computers, commissioning supplies, aviation and wildfire weather system interoperable with FDOT Traffic Management Capital Station tools, hose racks, compressor. S9o8,5oo Sqos,goo Sgt,ooo $29,750 s1,600 Capital4wd Crew Cab Pick- up/QRV, Florida Sheriffs Bid Estimate Capltal4wd Off-Rd UTV Florida Sheriff's Bid Estimate s41,000 S19,zoo DepartmeDt- Collier County Interlocal Agreement 22 t1&4. 't Capital Base Station Mobile and Portable Radios pagers and 911CAD programming Locution@ Sheriff-911 automated dispatch notlfication Capital Breathing Air Compressor for re-filling Fire fighting Self Contained Breathing Apparatus and on- board compressed air equipment tanks Capital Hean Monitorc/Med Supplies, estimated. County Contract(s) Contracted Services- Ea rly Commencement- Reserve Apparatus (Rental/Lease from Vendor) 9-12 mos while awaiting production of apparatus a bove -estimated. 520,225 S+s,ooo s108,000 S2s,ooo Department- Col I ier Co unty I nterlocal,{greement 23 1 1A '-'r; il EXHIBIT "C'' STATE FINANCIAL RESOURCES AWARDED TO AUTHORITY Financial Management Number: 435389-1-94-01 SUBJECT TO SECTION 215.97. FLORIDA STATUTES: State Project: - State Awarding Agency: Florida Department of Transportation Catalog of State Financial Assistance (CSFA) Number: 55.036 Amount of State Financial Assistance: $ COMPLIANCE REQUIREMENTS APPI,ICABLE TO STATtr RESOURCES AWARDED PURSUANT TO THIS AGREEME,NT ARE AS FOLLOWS: Q-bj-9-ctryeS_Slthg fuqiggg Construct a Fire Station for the bcnefit of thc travelling along lnterstate 75 and surrounding counties. Reimburse a county or another local govemmental entity tbr the direct actual costs of operating such Fire Station. Project Restrictions: Department' Collier County Interlocal Agreement 24 IlS W BXHIBIT D. RESOTUTION OF COUNTY RESOLI.ITION 2OI4-71 A RESOI,UI'ION OI'THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY ['LOI{IDA, AUTHORIZING ITS CITAIRMAN Tt) EXECUTE AN INTERLOCAL AGREEMENT AND AN AIRSPACE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") PROVIDING FOR THE LEASE OF A F'IRE STATION FROM THE FDOT AT MILE MARKER 63 ON ALLIGATOR ALLEY IN COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of Collier County, Florida, finds it is in the public's interest to enter into an Interlocal Agreement and an Airspace Agreement with the Irlorida Department of 'l'ransportation allowing l-or the lease of a llre station located at the mile marker 63 rest area on Alligator Alley in Collier County, Florida to allow emergency vehicles to provide a faster emergency response time to the public; and WHEREAS, the propertv to be leased to Collier Count,v under the Airspace Agreement is tbr the public purpose ol operating a lire station that will include personnel ard equipment capable of providing rescue and emergency medical services to motorists travelling on Alligator Alley (l-75); and WHEREAS, the Interlocal Agreement sets lbrth the terms, conditions and rcsponsihilities of FDOT and Collier County with respect to funding for the tire station, the respectivc duties of the parties to provide services at the mile marker 63 fire station snd other such matters; and WIIE,REAS, the Collier County Board of Commissioners agrces to maintain the fire station and any encompassed structures or amenities in accordance with the terms and conditions of the Airspace Agreement. NOW, THEREFORE, tsE IT RESOLVED BY TIIE BOARD OF COUNTY CON,IMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Department- Collier County lnterlocal Agreement 25 L I lA The Collier County Board of Commissioners approves and authorizes its Chairman to sign the Interlocal Agreement and the Airspace Agreement with the FDOT. A cenified copy of this Resolution shall be fbrwarded to FDOT along with thc Interlocal Agreement and Airspace Agreemenl Ibr execution by FDOT. THIS RESOLUTION ADOPTED atter rnotion, second, and rnaiority vote tavoring same, Hil 2 this ?t"\r day of Bqr. \ ,2014, A1 TEST: Approved as:ib lbrm and legalfy- ^ I 5*lt(J^\- SCOTT R. TEACH DEPUTY COUNTY ATTORNEY BOARD OF' COLTNTY COMMISSIONERS COLLIER COUNTY, FI,ORIDA BY: Department- Collier County Interlocal Agreement 26 rutJrt rt io Ctrainnan's ":o':' L Section L Isles of Capri Collective Bargaining Agreement RECENIED JUL . I ?014 EMERGENCY MANAGEMENT MEMORANDUM Date: June 30, 2014 To: Dan Summers, Director of Emergency Services Bureau of Emergency Services & Emergency Management From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Collective Bargaining Agreement between Collier County and Professional Fire and Marine Rescue of Isles of Capri - Local 4719 Attached for your records is a copy of the agreement referenced above, (Item #1681) approved by the Board of County Commissioners at their meeting held June 24,2014. If you have any questions, please feel free to call me at 252-8411. Thank you. i I Attachment COLLECTIVE BARGAINING AGREEMENT BETWEEN COLLIER COUNITY BOARD OF COUNTY COMMISSIONERS AND LOCAL NUMBER 4719, PROFESSIONAL FIRE AND MARINE RESCUE OF ISLES OF CAPRI, INTERNATIONAL ASSOCIATION OF FTRE FIGHTERS Effective: June 24, 2014 ARTICLE 1: ARTICLE 2: ARTICLE 3: ARTICLE 4: ARTICLE 5: ARTICLE 6: ARTICLE 7: ARTICLE 8: ARTICLE 9: ARTICLE 10: ARTICLE I I: ARTICLE i2: ARTICLE 13: ARTICLE 14: ARTICLE 15: ARTICLE 16: ARTICLE 17: ARTICLE I8: ARTICLE 19: TABLE OF CONTBNTS PREAMBLE RECOGNITION MANAGEMENT RIGHTS STRIKE PROHIBITION AND WORK REQUIREMENTS NON DISCRIMTNATION AND EMPLOYEE RIGHTS DUES DEDUCTION UNION ACTIVITY LTNION BUSINESS BULLETIN BOARD SPACE EMPLOYEE STATUS WORK PERIOD AND OVERTIME COMPENSATION SENIOzuTY PROMOTIONS ASSIGNM ENT DURING DISABILITY (Restricted Duty) DISCPLINE AND DISCHARGE GRIEVANCE AND ARBITRATION PROCEDURE PERSONNEL REDUCTION OUTSIDE EMPLOYMENT SICK LEAVE Page # 4 5 6 8 9 l0 13 t4 15 t6 t7 18 t9 2t 22 23 29 30 3l ARTICLE 20: ARTICLE 21 : ARTICLE 22: ARTICLE 23: ARTICLE 24: ARTICLE 25: ARTICLE 26: ARTICLE 27: ARTICLE 28: ARTICLE 29: ARTICLE 30: ARTICLE 31: ARTICLE 32: ARTICLE 33: ARTICLE 34: ARTICLE 35: ARTICLE 36: ARTICLE 37: ARTICLE 38: ARTICLE 39: TABLE OF CONTENTS (CONT'D) BEREAVEMENT LEAVE JURY DUTY AND COURT APPEARANCES MILITARY LEAVE PART.TIME EMPLOYEES HEALTH BENEFITS LIFE INSURANCE PENSION PLAN HEALTH AND SAFETY SALARIES SHIFT EXCHANGE WORKING OUT OF CLASSIFICATION UNIFORMS AND EQUIPMENT EDUCATIONAL DIFFERENTIAL PARKING VACATION LEAVE SAVINGS CLAUSE ALCOHOL AND DRUG TESTING DURATION HOLIDAYS MEDIC RESCUE Page # 34 35 36 37 38 39 40 4l 43 44 46 47 49 50 51 53 54 56 57 58 ARTICLE I PREAMBLE Section L I This Agreement is entered into by and between the Isles of Capri Municipal Rescue and Fire Services Capital Improvement District, a dependent taxing district, whose governing board is the Board of County Commissioners of Collier County, Florida, (hereinafter referred to either as the "Employer" or the "County") and Local 4719, the Professional Fire and Marine Rescue of Isles of Capri, Intemational Association of Fire Fighters (hereinafter referred to as the "Union"). It is the purpose of this agreement to achieve and maintain harmonious relations between the Employer and the Union; to provide for equitable and peaceful adjustment of differences that may arise under this Agreement and to establish wages, hours, and other conditions of employment. 4 ARTICLE 2 RECOGNITION Section 2.1 The County hereby recognizes the Union as the exclusive bargaining agent for all employees of the Fire Department as certified by the Public Employees Relations Commission, Certification#1829, Order Number l3E-374, issued on December 23,2013.. The appropriate bargaining unit is comprised as follows: INCLUDED: Fire Lieutenants and Firefighters. EXCLUDED: Fire Chief, Fire Captains, and all other employees of the County. ARTICLE 3 MANAGEMENT RIGHTS Section 3.1 Except as otherwise provided in this Agreement, the management of the Isles of Capri Municipal Rescue and Fire Services Capital Improvement District, and the direction of its work force, including but not limited to the exclusive rights to determine whether all or any part of the operations covered by this Agreement shall commence, cease, continue, reduce or increase; to remove the operation or any part thereof to any location; to establish new jobs; to abolish or change existing jobs; to increase or decrease the number of jobs or employees; to change materials, processes, products, service, equipment, work schedules and methods of operation; to introduce new materials, equipment, services or facilities; to assign work to be performed; to assign or reassign employees to shifts, create or abolish shifts and rotate shifts; to require employees to work overtime; to establish and change hiring procedures; to set the work schedules; to transfer employees from job to job or shift to shift, either on a peffnanent or temporary basis; to evaluate and direct the work of the employees covered by this Agreement; to maintain, enforce, rescind or change County policies, procedures, rules of conduct, orders, practices, directives and other operational procedures, policies and guides not inconsistent with this Agreement; to establish the standards of conduct and work of employees; to establish or change operational standards; to determine the services to be provided by the County; to discipline or discharge employees for just cause; to lay off employees from duty for lack of work or for other operational reasons; to establish requirements for employment; to promote and demote employees and to have complete authority to exercise those rights and powers incidental necessary for the orderly and efficient operation of the District, shall be vested exclusively in the County. The Employer's failure to exercise any right hereby reserved to it or its exercising any right in a particular way shall not be deemed a waiver of its right to exercise such right nor preclude the Employer from exercising the same right in some other way not in conflict with the express provisions of this Agreement. Section 3.2 There shall be complete recognition of the right, responsibilities and prerogative of County management under this Agreement. This Agreement shall be so construed that there shall be no diminution or interference with such rights, responsibilities and prerogatives, except as expressly modified or limited by this Agreement. 6 Section 3.3 If, in the sole discretion of the County Manager, it is determined that a civil emergency condition exists, including but not limited to riots, civil disorders, hurricane conditions or other catastrophes, the provisions of this Agreement may be suspended by the County Manager during the time of the declared emergency, provided that wage rates and monetary fringe benefits shall not be suspended. Section 3.4 It is understood by the parties that every incidental duty connected with the operations enumerated in job descriptions is not always specifically desuibed and employees, at the discretion of management, may be required to perform other jobs related to public safety functions not specifically contained in their job description. Section 3.5 Delivery of County services in the most efficient, effective and courteous manner is of paramount importance. Accordingly, the Union agrees that it will instruct its members to work diligently in order that the services performed meet the above standards. Section 3.6 Those inherent managerial functions, prerogatives and policy-making rights which the Employer has not expressly modified or restricted by a specific provision of this Agreement are not in any way subject to the grievance and/or arbitration procedure contained herein. Section 3.7 This Article does not remove the right of the Union to request impact bargaining on any management decision that is a mandatory subject of bargaining, irs long as the Union's request is in writing. Any such request must be made within ten (10) calendar days of notice of such change to the Union, or, if no notice is given, within ten (10) calendar days of when the Union should have upon the exercise of due diligence become aware of such change. 7 ARTICLE 4 STRIKE PROHIBITION AND WORK REQUIREMENTS Section 4.1 The Union and bargaining unit members do not assert and will not assert or advocate any right to engage in any concerted work stoppage, slow down or strike, or to withhold services or otherwise hinder the County's operations. Each employee who holds a position with the Union occupies also a position of special trust and responsibility in maintaining and bringing about compliance with this Article and the strike prohibition of Section 447.505, Florida Statutes and the Constitution of the State of Florida, Article 1, Section 6. Section 4.2 Any and all employees who engage in a strike or in any violation of the strike prohibition under the Florida Constitution or Chapter 447, Florida Statutes, or this Article shall be disciplined, up to and including discharge, by the County, and any such action by the County shall not be grievable or arbitrable under the provisions of Article l6 - Grievance and Arbitration Procedure, except to determine if the employee engaged in a violation of this Article. There shall be no lockout by management during the term of this Agreement. 8 ARTICLE 5 NON.DISCRIMINATION AND EMPLOYEE RIGHTS Section 5.1 Neither the County nor the Union shall discriminate against any employee covered by this Agreement because of Union membership or non-membership. Section 5,2 Employee rights as provided by local, state and/or federal law are hereby preserved; provided that allegations of discrimination based on race, sex, religion, national origin, disability, age or color will be resolved in the appropriate court or administrative agency and not under Article 16, the Grievance and Arbitration Procedure. 9 ARTICLE 6 DUES DEDUCTION Section 6.1 The County shall deduct from the pay of all Union members who authorize such deduction, the monthly dues payable to the Union. The County reserves the right to bill the Union for the initial setup cost of dues deduction if the Clerk of the Court charges the County for this service in an amount not to exceed Seventy Five ($75) Dollars. Section 6.2 Payroll deduction shall be accomplished each period of each month. The County will only be responsible for deducting dues associated with the 26 paycheck schedule. There is no obligation for the County to deduct dues from specially prepared checks, such as early vacation pay. Currently the dues amount to be deducted every pay period is twenty-five dollars ($25.00). Section 6.3 Employees desiring the dues deduction shall authorize it by completing an appropriate form prescribed by the County. The form is attached hereto as Exhibit l. Section 6.4 The Union agrees to indemni$, the County, and hold it harmless, from and against any liability, real or asserted, of any kind or nature whatsoever, to any person or party, on account of the County's compliance or efforts to comply with this Article. The County has no obligation to inform employees of the amount of Union dues or change of such dues. Section 6.5 It shall be the Union's obligation to keep the County at all times informed, by certification by the Secretary/Treasurer of the Union, of the amount of the uniform dues. Dues will only be deducted for employees who comply with Section I of this Article and who authorize deduction of dues by executing Exhibit L 10 Section 6.6 The County's monthly transmission of dues money to the Union will be accompanied by a list of names of employees affected, and the amount transmitted with regard to each. Section 6.7 The County will not deduct or transmit to the Union at any time any monies representing fines, fees, penalties, or special assessments. Section 6.8 The obligation to commence making deductions on account of any particular authorization shall become effective with respect to the calendar month following the month in which the authorization is received, provided it is received on or before the 20th of the month by the County. Section 6.9 Any employee may withdraw from membership in the Union at any time upon 30 days written notice to the County and the Union. Upon receipt of such notification, the County shall terminate dues as soon as practical. 11 ARTICLE 6 .- EXHIBIT 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZATION FOR PAYROLL DEDUCTION OF UNION DUES I hereby authorize the Collier County Board of County Commissioners, or its agents, to deduct fiom my eamings, the regular monthly dues (uniform in dollar amount) in the amount certified by the Treasurer of Professional Fire and Marine Rescue of Isles of Capri, [nc., Local 4719, and further authorize the remittance of such amounts to said local Union in accordance with the currently effective Agreement between the County and the Union. This authorization is revocable by a notice in writing to the Collier County Board of County Commissioners and to the Union. I hereby waive all rights and claims for said monies so deducted and transmitted in accordance with this authorization and, further and separately, relieve the County and any agent of the County from liability therefore. NAME DATE SOCIAL SECURITY NUMBER SIGNATURE AUTHORIZATION TO STOP PAYROLL DEDUCTION OF UNION DUES I hereby authorize the Collier County Board of County Commissioners, or its agent, to stop deducting the sum that was designated and current by the Treasurer of Treasurer of Professional Irire and Marine Rescue of Isles of Capri, Inc., Local 4719, from my wages. NAME DATE SOCIAL SECURITY NUMBER SIGNATURE LI \)/ 12 ARTICLE 7 UNION ACTIVITY Section 7.1 There shall be no discrimination, interference, restraint, or coercion by the Employer against any employee for his activity on behalf of, or membership in, the Union. Nor shall there be any discrimination, interference, restraint, or coercion by the Union or any Union member against any employee because of that employee's refusal to join the Union or participate in Union activity. l3 ARTICLE 8 UNION BUSINESS Section 8.1 Meetings mutually set by the Employer and Union shall be set so as not to interfere with the Union spokesperson's work schedule. To this end, meetings will be scheduled during the Union spokesperson's off-duty hours unless this is mutually agreed to be impossible. Section 8.2 Union members shall be allowed to hold meetings at Fire Stations after 1900 hours provided such meetings do not interfere with training or any scheduled activities of the Department. t4 ARTICLE 9 BULLETIN BOARD SPACE Section 9.1 The Union may provide a bulletin board at its expense and the Ernployer restricts its use to notice of Union meetings/activities and meeting minutes. No political notices shall be displayed. A copy of all notices to be posted will be provided prior to posting to the Fire Chief or his designee. l5 ARTICLE 10 EMPLOYEE STATUS Section 10.1 The Employer shall maintain and post annually a current seniority list. This list shall be used whenever called for by specific articles and sections of this agreement and in such other cases as may be agreed upon by the Employer and the Union. Once this list is received, the Union has five (5) business days to raise any issues as to the correctness of the list, Otherwise, the list will be accepted as correct for all purposes. t6 ARTICLE 11 WORK PERIOD AND OVERTIME COMPENSATION Section I 1.1 This Article is intended to define the normal hours of work and to provide the basis for the calculation and payment of overtime compensation. Employees in the classifications Firefighter and Lieutenant Firefighter shall work one of the following regular schedules: A. Twenty-four Q\ hours on duty followed by forty-eight (a8) hours off duty in a repeating rotating schedule. B. If any other shifts are started other than as set forth above, the County will advise the Union and, upon request, negotiate over the new shifts prior to the implementation. C. Nothing in this article shall be interpreted as a guarantee of any number of hours of work per day or per week. Section I 1.2 Overtime will be paid in accordance with the Fair Labor Standards Act. Section I 1.3 Nothing in this Article or in this Agreement shall be interpreted as prohibiting or in any way restricting non-bargaining unit members from performing bargaining unit work. Section I l 4 The County has established a work period that shall begin at Saturday 0800 hours and end 14 days later on Saturday 0800 hours, During this period, bargaining unit members will be paid 115 straight time hours (106 regular time + 6 OT @ 1.5 = 115 straight time). Time and one-half the employees' regular straight-time rate will be paid when an individual works a shifl/shifts beyond those that are regularly scheduled in the work period. Employees will be paid on the same pay cycle as other County employees. Section 1L5 Compensatory leave time may be authorized at the Employer's discretion to maintain shift status. Compensatory leave time shall be accrued at the rate of time and one-half for each hour worked. The Employer may not prohibit an Employee from using accrued compensatory leave time unless the time off would create a disruption in operations. All other rules governing the application of compensatory time shall be as set forth in CMA #5341(14), which is attached. t7 ARTICLE 12 SENIORITY Section 12.1 Seniority is defined as continuous service with the Isles of Capri Municipal Rescue and Fire Services Capital Improvement District and is that time actually spent on active payroll. The seniority date shall be an employee's last date of hire in the Isles of Capri Fire District. Prior service with Collier County Government or with any other public agency will not count except to the extent required by law. Employees with the same employment date shall be assigned to the seniority list by the lowest four digits of their social security number with the lowest number having greatest seniority. It is agreed that the seniority provisions of this Agreement shall not apply to employees who have not completed their probationary period; however, upon the satisfactory completion of his/her probationary period the employee will be entered on the seniority list as of the original date of hire. Section 12.2 The first six (6) months of employment with Isles of Capri Fire District shall be considered probation. An employee will be off probation and considered a regular full-time employee upon receipt of a "meets expectation or above" evaluation, which is performed after six (6) months of employment. Probation may be extended in three-month increments to achieve certifications required for employment. During the extension of probation, a person can be evaluated and made a regular employee at any time. During the probationary period, including any mutually agreed upon extension, the probationary employee is not entitled to utilize the grievance and arbitration procedure under Article l6 of this contract. Section 12.3 Break in Continuous Employment When there has been a break in continuous employment for thirty (30) days or more, except for any approved leave or a layoff, the affected employee, upon reinstatement or re- employment, will be considered a new employee for all purposes under this contract. l8 ARTICLE 13 PROMOTIONS Section l3.l Promotions are oftbred in an effort to recognize and reward an employee for acceptance of increased responsibilities. A promotion occurs as a result of a competitive process for a vacant position. Employees who meet the minimum requirements established in the position classification and successfully complete the promotional testing process will be given first consideration in filling the vacancy. Upon promotion to a classification with a higher pay grade, the employee shall receive up to a l0 percent (10%) pay increase or the base salary of the new position, whichever is greater, pursuant to County CMA #5341(attached). Section 13.2 Any time an employee accepts a promotion to any position within the District, that employee shall be on probation for the first six months in the new position. At any time during the six-month probationary period, the employee may be demoted without recourse provided the employee is returned to the employee's prior job classification without loss of seniority, as soon as an opening permits. A demoted employee will be paid at the rate the employee would have received had he/she not been promoted. The demoted employee will be provided a written explanation as to why he or she was demoted. Section 13.3 In order to get promoted from firefighter to lieutenant, you must be on the acting officer in charge list. The acting officer in charge list lasts indefinitely and can be tested from when the employee becomes eligible. In order to be eligible to take the test, you must have worked for Isles of Capri Fire District for at least the last five (5) consecutive years as a fulI time employee, must possess a current State Fire Officer 1 certificate and/or an Associate Degree in Fire Sciences. Whenever a lieutenant's position becomes available, the only personnel eligible to test for that position are the personnel already on the acting in charge list. If there is only one employee on the list, the position automatically goes to that employee with no test necessary. Promotional testing (separate from acting office in charge testing) will take place only when there is a promotional opening and there will be no list for future promotions. In the event that the newly promoted Lieutenant does not pass the probationary period, the individual with the next highest qualifuing score will be awarded the position and so on. Promotional testing will consist of an oral testing board and a written exam. The written exam will consist of one hundred (100) questions from the current IFSTA company officer book and fifty (50) questions from the Isles of Capri Fire District policy/SOGs. The test will be changed for each promotional testing cycle so as not to give advantage to anyone who has taken t9 it previously. In addition to the internal testing representatives, no less than two (2) officers from an outside agency of Captain's rank or higher will be on the oral testing board. If no internal applicants are qualified to sit for promotional testing, management reserves the right to hire and promote from outside the Isles of Capri Fire District. All extemal applicants will meet the educational and time in service requirements of this Article. The current list for promotions will remain in effect until December 31 ,2014. 20 ARTICLE 14 ASSIGNMENT DURING DISABILITY (Restricted Duty) Section 14. I Any member of the bargaining unit that is unable to work shall receive compensation consistent with Workers' Compensation Laws, Federal Laws, and Disability Insurance. A bargaining unit member may be assigned to a restricted duty position, due to a temporary disability and, if so, shall be assigned a duty schedule consistent with the physician order and be compensated as if they worked their regular shift schedule regardless of the actual hours worked as long as there are accumulated leave hours banked to cover any nonproductive time. If assigned to temporary duty, accumulated leave will be utilized to maintain the bargaining unit member's normal salary. Compensation and fringe benefits will be paid in accordance with the normal gross weekly wage of their regular position. The Employer may coordinate such payment of compensation with applicable Workers' Compensation Laws, Federal Laws, Disability Insurance, and other sources that contribute to or govern the payment of compensation. In no case shall such an employee receive compensation, which shall exceed their normal compensation nor shall the Employer extend such restricted duty assignment, if provided, beyond the date of maximum medical improvement. Temporarily disabled employees both due to disabilities occurring on or off duty, shall retum to temporary duties, if offered, or full time normal duties, subject to such release by their treating physician. The Employer reserves the right to seek an independent medical opinion as it deems necessary with the cost of such independent medical examination to be bome by the Employer. Nothing in this section shall be construed to prevent or limit the Employer in determining the type of temporary duty assignment or the number of hours per day or week for such assignment consistent with medical limitations. An employee under such temporary restricted duty assignment shall continue to be responsible for the payment of their employee contribution, if any, under the County's group insurance program. 2t ARTICLE 15 DISCIPLINE AND DISCHARGE Section 15.1 All matters of discipline involving any employee covered by this Agreement shall be governed by the Collier County Human Resources Administrative Practices and Procedures Manual, County Manager's Agency Instruction 5351 (CMA #5351)-Discipline, as amended from time to time, and shall not be subject to the Grievance and Arbitration Procedure (Article 16) contained in this Agreement. 22 ARTICLE 16 GRIEVANCE AND ARBITRATION PROCEDURE Section 16.1 In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is agreed to and understood by both parties that there shall be a procedure for the resolution of grievances between the parties arising from any alleged violation of a specific term of this Agreement. Section 16.2 Definition: For the purpose of this Agreement, a grievance is defined as a dispute, claim or complaint that any employee or group of employees may have as to the interpretation, application, andlor alleged violation of some express provision of this Agreement which is subject to the Grievance Procedure. Section 16.3 Nothing in this Agreement shall be construed to prevent any employee from presenting, at any time, his/her own grievance in person or by a representative to the Employer and having such grievances adjusted without the intervention of the bargaining agent; provided the adjustment is not inconsistent with the terms of this Agreement and a Union Steward is given the opportunity to be present at any meeting, if held, and provided further that any scheduled meeting, if any, will not be delayed for more than twenty-four hours to allow for the presence of a steward. The Union will be notified by the Employer of the disposition of the grievance within ten (10) working days of the decision. If the grievant requests Union representation, the grievant will notify the Employer. It is the responsibility of the grievant to notifu the Union of any meeting called for the resolution of grievances, whether or not the employee desires to be represented by the Union. Section 16.4 A. Every reasonable effort will be made by the parties to settle all grievances as soon as possible. The time limits set forth shall be strictly complied with, and can only be extended by mutual agreement of the parties in writing. Any grievance shall be considered settled at the last level considered if the grievant fails to timely process his/her grievance. B. The Union will not be required to process grievances for employees who are not members of the Union. C. The commencing of legal proceedings against the County in a court of law or equity, or before the Public Employee Relations Commission, or any other administrative agency for misapplication or misinterpretation of the terms of this Agreement, shall be deemed an election of remedy and shall be deemed a waiver by said employee or the Union of its/their right to resort to the grievance and arbitration procedure contained in this Article. Section 16.5 All grievances, as outlined above, must be in writing and must contain the following infonnation: (l)Article and Section of the Agreement alleged to have been violated; (2) A statement of the grievance, giving facts, dates and times of events, and specific violations with the remedy or adjustment desired; (3) Signature of aggrieved employee and date signed; and (4) Signature of the Union representative (must be a designated official or steward) if the grievant requests Union representation and is a Union member. Any grievance not containing the information set forth above or not timely submitted may be processed through the grievance procedure, but shall not be subject to arbitration absent the mutual consent of the parties. The grievance must be submitted and completed in full as set forth in Exhibit 2 of this Agreement. Section 16.6 Grievances shall be processed in accordance with the following procedures: STEP I:The grievant shall present in writing his/her grievance to the Fire Chief or designee within fourteen (14) calendar days of the occurrence of the action giving rise to the grievance. Discussions will be informal for the purpose of settling differences in the simplest and most effective manner. The Fire Chief or designee shall reach a decision and communicate in writing to the grievant within fourteen (14) calendar days from the date the grievance was presented to him/her. Failure of the Fire Chief or designee to timely respond shall be considered a denial of the grievance and shall entitle the grievant to appeal to Step 2. STEP 2:If the grievant does not settle his/her grievance in Step 1, the grievant, within fourteen (14) calendar days after the response is received at Step I of the Grievance Procedure, may present it to the Bureau of Emergency Services Department Director, or his/her designee. The Director or his/her designee shall investigate the alleged grievance as appropriate and may, within fourteen (14) calendar days of receipt of the written grievance, conduct an informal hearing or meeting between him/herself, the grievant, and others as necessary. The Director or his/her designee shall notifu the aggrieved employee in writing of the decision not later than fourteen (14) calendar days following the conclusion of the investigation and/or hearing of the grievance in Step 2. Failure of the Director to timely respond shall be considered a denial of the grievance and shall entitle the grievant to appeal to Step 3. STEP 3:If a grievance, as defined in section 16.5 of this Article, has not been satisfactorily resolved within the grievance procedures, the grievant may, within fourteen (14) calendar days after the response is received at Step 2 ofthe Grievance Procedure, request a panel of seven arbitrators from the Federal Mediation and Conciliation Service. A copy of the written request will be provided to the Director. 24 Section 16.7 Upon receipt of the list, an arbitrator shall be selected from such panel by alternately striking names from this list (the grievant shall strike first) until the last name is reached. Section 16.8 The following general rules are applicable to this Article: A. The Union or employee may abandon or settle a grievance. Grievances settled under this Article shall be non-precedent setting and cannot be offered as evidence or precedent in any subsequent arbitration case unless the Union and the County mutually agree in writing that the grievance is precedent setting. B. No grievance can be amended or supplemented after the initial management response at Step 1 without the written consent of the Director. C. The arbitrator shall not have the power to add to, subtract from, modifu, or alter the terms of this Agreement. D. The arbitrator shall have no power to establish wage scales, rates of pay for new jobs, or to change any wage, except if he is specifically empowered to do so by both parties. E. The arbitrator shall have only the power to rule on grievances arising under this Agreement, as defined under Section 16.2 and which comply with the requirements of Section 16.4 (A) and (C), Section 16.5 and the time limits established by this Article. F. The arbitrator shall determine each dispute in accordance with the terms of this Agreement and in accord with a Submission Agreement, if one can be agreed to. If there is no Submission Agreement, then the arbitrator will rely on the grievance under Section 16.5. G. The arbitrator shall not receive into evidence nor rely upon any past practices that occurred prior to the date of execution of this Agreement. H. The arbitrator, from any back pay award, shall deduct any unemployment compensation received by the grievant. L The arbitrator's sole authority with regard to monetary awards is the award of back pay. No interest, costs or other damages of any type whatsoever may be awarded. Back pay may be awarded for the time prior to the date of filing of the grievance, up to but no more than one (l) pay period prior to the filing of the grievance. J. Only grievances based on events or occurrences, which occur after the date of the execution of the Agreement, can be processed under this Article. 25 @ Section 16.9 There shall be no appeal from the arbitrator's decision; it shall be final and binding on the Union and on all bargaining unit employees and, after final approval by the Board of County Commissioners, on the County; provided, however, that the arbitrator's decision is not outside or beyond the scope of the arbitrator's jurisdiction and authority as set forth in this Agreement. Section 16.10 The costs for the arbitrator fees and expenses shall be borne equally by the parties. Expenses for witnesseso attomeys and requested transcripts shall be bome solely by the party requesting and/or utilizing them. Transcripts, if recorded by a court reporter, may only be obtained directly from a court reporter. 26 EXHIBIT 2 IAFF LOCAL 4719 GRIEVANCE PROCEDURE (Last Name) (First Name) (Middle Name) submits the following grievance which took place on (Class/Rank) (Date/Time of Day) against (Location) (lttrame) Article(s) and Section(s) of the Labor Agreement alleged to have been violated Statement of Grievance: at Date, Details, and Facts upon which grievance is based: Remedy or Solution requested: (Signature of Employee)(Date) (Signature of Union Representative)(Date) 27 Step 1) Discussion of Grievance with Fire Chief: ResolvedE UnresolvedI Date: Submitted to Step 2 - Date: Step 2) Discussion of Grievance with Emergency Services Director ResolvedI Unresolvedf Date: Submitted to Step 3 - Date: Step 3) Arbitration Panel from the Federal Mediation and Conciliation Service: Date: 28 ARTICLE 17 PERSONNEL REDUCTION Section 17,1 In the event of a reduction in force, the County will consider a number of relevant factors in determining selections for layoff, with the public interest to be of prime importance. Factors to be considered include, but are not limited to: A. The average rating on the performance evaluations for the last 3 years; B. Conduct/disciplinary record for the last 3 years; C. Attendance record for the last 3 years; and D. Seniority within classification. As between two employees in the bargaining unit, if the County in its sole discretion determines factors A, B and C are relatively equal at the time of layoff, then seniorify shall prevail. Section 17.2 Recall will be in reverse order of layoffs. No new bargaining unit employees will be hired by the County until all members of the bargaining unit who were laid off in the prior 6 months are offered recall. Within three (3) work days of a certified receipt date, laid off employees must signiff in writing, their intention of returning to work, to the Chief or his designee. Failure to respond to the notice within the prescribed time limits previously stated shall constitute a resignation by the employee. 29 ARTICLE 18 OUTSIDE EMPLOYMENT Section 18.1 Employees shall at all times bear in mind that they are seen by the general public, while off duty as well as on duty, as personnel of the County and shall at all times conduct themselves in a professional manner. Section 18.2 An employee accepting employment with any other employer while employed by the County shall do so only so long as the employment is not a conflict of interest. In such instances, the employee's primary obligation shall continue to be to the County and he/she shall arrange his/her affairs accordingly. Before accepting outside employment of any kind, the employee must give a written notification to the Fire Chief, and follow the County CMA #5380 (attached) procedures for requesting outside employment. Outside employment must not prevent the employee from being mentally and physically able to work when the employee reports for duty with the County. 30 ARTICLE 19 SICK LEAVE Section 19.1 A. Eligibility All regular and probationary employees shall be entitled to accrue and use accumulated sick leave with pay from the date of hire. Under no circumstances shall temporary or other non- regular employees be eligible under this provision. B. Accrual of Sick Leave L Regular employees hired after September 30, 1993, shall accrue 5.17 hours of sick leave per bi-weekly work period 2. Regular employees hired on or before September 30, 1993, shall accrue 6.47 hours of sick leave per bi-weekly-work period. 3, Employees may accrue an unlimited number of sick leave hours throughout their County career. 4. Employees hired from Constitutional Officer agencies without a break in continuous service, or a break in service of less than 30 days, may transfer their accumulated sick time. The date of hire with the Constitutional Officer Agency shall determine the accrual rate. 5. Temporary or seasonal employees do not receive sick leave accrual nor does their temporary employment count toward years of service. 6. Sick leave shall be accrued on regular hours worked, earned annual leave taken, earned sick hours taken, holiday hours, jury duty and military leave. 7. Leave without pay and overtime hours are excluded from sick leave accrual. C. Use of Sick Leave l. The minimum charge for sick leave shall be in thirty (30) minute units. 2. Sick leave may be granted for the following purposes: a. Personal illness or injury, b. Appointments with medical, dental, or other recognized practitioners for consultation or treatment of the employee. c. Serious illness and/or disability in the employee's immediate family, for up to five (5) days for any one incident. Q.{ote: Immediate family is defined as: spouse, mother, father, brother, sister, or children.) 31 @ d. Disabilities arising out of pregnancy, childbirth, and recovery there from shall be treated as other temporary, non-job connected disabilities in terms of eligibility for sick leave, vacation, or leave ofabsence. D. Notification and Proof of Illness l. The employee or his/her representative shall be responsible for notiffing the Lieutenant before work or within the first hour of the employee's normal workday on each day of absence. Failure to provide timely notice may be cause for denial of sick leave pay for the period of time. 2. The Fire Chief or designee is responsible for determining that sick leave is properly authorized and used in accordance with these rules. 3. The Fire Chief or his designee may require proof of illness at any time, whether for the employee of his/her immediate family, when there is a pattern or practice of sick leave usage or when there is a basis to form a reasonable suspicion that sick leave is being abused. 4. When an employee has had an illness which requires hospitalization or results in absence from work for more than two (2) consecutive shifts, the employee shall provide a doctor's certificate stating that the employee may return to work to be eligible for sick leave pay. 5. In cases of accident or injury, a medical leave may be granted without prior notice. If the leave is due to an accident that happens at work, the Department Director must notify the Human Resources Department and the Risk Management Department immediately. 6. An employee is generally required to first use all accrued sick leave, then, if approved by the Fire Chief or designee vacation leave, when out on leave for medical reasons. E. Sick Leave Pay Upon Termination: Sick Leave will be paid in accordance with CMA 5360 - Leaves of Absence. F. Attendance Incentive Plan l. The Attendance Incentive Plan is designed to reward regular full and regular part time employees with good attendance records, on an annual basis, by permitting them to convert a portion of their accrued, unused sick leave to vacation and/or pay. 2. For administrative pu{poses, the attendance record of each employee is reviewed by the Human Resources Department on an annual basis from January I to the end of the last pay period of the calendar year. The attendance incentive will be tabulated by using the leave report provided by the Payroll Department. To be eligible for the incentive, an employee must have completed one (l) full year of employment on December 31. 3. The conversion of sick leave shall be in accordance with the following 32 schedule: Sick Leave Used During Year None used - Perfect Attendance I day or less used (normal workday) 2 days or less used (normal workday) Incentive Convert 3 days sick leave to vacation or convert 3 days sick leave to one day vacation and two day's pay. Convert 2 days to vacation. Convert I dayto annual vacation. More than2 days used (normal workday) No hours may be converted. 4. Employees who do not wish to convert unused sick leave may continue the accrued hours in their sick leave account provided the Human Resources Department is advised of this choice in writing. 5. Employee participation in the leave bank program will not impact their eligibility for the Attendance Incentive Program. G. Sick Leave Bank 1. A member does not need to deplete his/her vacation accrual in order to receive hours from the Leave Bank. 2. An employee must be a Sick Leave Bank member for at least six months in order to apply for supplemental hours. 3. An employee must apply and be approved for Short Term Disability benefits in order to receive hours from the Leave Bank. 4. If approved, the employee will receive Short Term Disability benefits and the Leave Bank will supplement those benefits in an amount equal to 26 hours per work period. 5. If desired, an employee may supplement these benefits with vacation time. 6. Upon requesting hours from the Leave Bank, an employee may be required to provide an explanation of sick leave usage if he/she is a long term employee with little or no sick leave accrual or if he/she has consistently used sick leave as it was accrued and has never shown an intent to accumulate hours for future unforeseen circumstances that may require an extended leave. 7. Leave Bank hours will be granted for scheduled medical treatments that temporarily incapacitate an employee's ability to work a normal schedule. aa JJ ARTICLE 20 BEREAVEMENT LEAVE Section 20.1 A. In the event of a death to a member of an employee's immediate family, bereavement leave with pay shall be granted. This is a separate leave account and is not charged against any other leave account. Bereavement leave may be taken as one (l) 24-hour shift or up to two (2) 24 hour shifts for an out-of-state death or three (3) eight-hour days depending upon the circumstances. B. Bereavement leave is intended to be used for funeral arrangements and/or funeral activities, travel to and from the location of the funeral and time to attend the funeral. C, For purposes of this policy, family is defined as: husband, wife, mother, father, mother-in-law, father-in-law, brother, sister, brother-in-law, sister-in-law, children, foster children, step-parents, step-children, grandchildren, grandparents, aunt, uncle, or a close relative living with the employee. D. Additional days, if requested, may be granted to an employee and charged against the employee's ascrued vacation or personal leave. Sick leave may not be used for bereavement. E. Each employee requesting and receiving paid bereavement leave may be required to furnish evidence of the name and relationship of the family member involved. Such evidence might include a physician's statement, death, certificate, newspaper report, etc. F. Leave for bereavement or to attend funerals other than those defined as family in this policy may be granted in accordance with the vacation policy. 34 ARTICLE 21 JURY DUTY AND COURT APPEARANCES Section 2l .1 It is the practice of the County to provide paid time off for jury duty and court appearances to facilitate our employee's availability to meet civic responsibilities. A. An employee who is called for jury duty on a regularly scheduled workday shall be granted jury duty pay, upon presentation of a summons or subpoena. Any fees received for jury duty shall be returned to the County except for meals, travel, and lodging. B. An employee who is subpoenaed as a witness on a regularly scheduled work day not involving the employee's personal litigation shall be granted time off with pay, and any witness fees awarded shall be returned to the County. C. An employee who appears in Court as a witness, plaintiff, or defendant due to personal litigation or criminal charges shall be required to use vacation for any such absence from work. If vacation is not available, the employee may use leave without pay. The employee would not be eligible for reimbursement of any meals, lodging, or related travel expenses. D. An employee who is subpoenaed as a witness and/or appears in court as a result of County business shall be granted time off with pay, and any witness fees awarded, except for meals, travel, and lodging, shall be retumed to the County. E. Employees required to attend Court on their day off as a result of County business shall be paid for their time, and any witness fees awarded, except for meals, travel, and lodging, shall be returned to the County. F. Employees who attend Court for only a portion of a regularly scheduled work day are required to report to their supervisor and return to work after being excused or released by the Court in order to be eligible for jury duty pay. G. In the event a County holiday occurs during the period of the jury duty, the employee shall receive pay for the holiday and not jury duty pay. 35 ARTICLE 22 MILITARY LEAVE Section 22.1 A. Reserve and National Guard Training A regular full-time employee who is a member of the United States Armed Forces, Reserves or the National Guard, and who is ordered to engage in annual field training shall, upon presentation of a copy of official orders, be granted leave with pay to the extent required by state statute. An employee may not use any accrued vacation or personal leave while receiving paid military leave. Exceptions to the above may be approved by the Division Administrator. B. Recall to Active Military Duty Any regular full-time employee who is a member of an Armed Forces Reserve Unit or the National Guard, who is ordered to active duty will be granted a military leave of absence with pay for the first thirty (30) working days. Beyond this thirty (30) day period, the military leave of absence will continue, with the County providing a supplement to the military pay in an amount necessary to bring the total salary, inclusive of the base military pay; to the level earned at the time the employee was called to active duty, for the entire duration of the active duty service, not to exceed five years total. The County will continue to maintain the employee in full benefits status for the time frame specified above. C. Induction or Enlistment into Military Service Any regular full-time employee who enlists or is inducted into the armed services for active duty, shall be granted a military leave of absence without pay for the initial period of enlistment. All pay due the employee shall be paid at the time of the employee's separation from the County in accordance with applicable County policies. D. Reinstatement Upon discharge from active military service, an employee who wishes to return to County employment shall be reinstated in accordance with federal regulations applicable at the time of discharge. 36 @ ARTICLE 23 PART-TIME EMPLOYEES Section 23.1 The County reserves the right to hire and/or utilize part-time and/or temporary employees, or volunteers to perform bargaining unit work. These individuals will be used primarily to cover overtime requirements, cover for vacation and sick leave, or to otherwise supplement the regular employee compliment. A regular full-time position will not be replaced by a part-time employee, subject to available budgetary funds. The use of volunteers shall be as a complement and not a substitute to perform full-time bargaining unit work. Section 23.2 Temporary and part-time employees shall serve at the will of the County. Temporary and part-time employees shall not be covered by any Article of the contract unless the Article or Section specifically includes temporary or part-time employees. 37 ARTICLE 24 HEALTH BENEFITS Section 24.1 Employees shall be eligible to participate in the Collier County Group Benefit Plan subject to the terms and conditions of the Plan as adopted by the Board of Commissioners effective January l, 1997 and as may be amended by the Board of Commissioners from time to time. Employees shall also be subject to the same premium levels and payroll contribution requirements as may be adopted by the Board of Commissioners for non-union employees. The County agrees that, if there is any change in any benefits, premium levels, or payroll contribution requirements, those changes will be applicable to bargaining unit employees to the extent they are applicable to other non-exempt employees of the County. 38 ARTICLE 25 LIFE INSURANCE Section 25.I The Employer shall provide group term life insurance protection for each Union member in an amount equal to two (2) times the annual salary of the Union member. The Employer shall pay l00o/o of the premium for this coverage. Terms and conditions of such coverage shall be governed by the insurance company issuing underwriting and coverage. There will be cornpliance with Florida Statute relative to death benefits. 39 ARTICLE 26 PENSION PLAN Section 26.1 During the term of this Agreement, eligible employees shall continue to participate in the Florida Retirement System. Section 26.2 The County will contribute as required by the provisions of the plan. Section 26.3 The County agrees to continue to provide employees an option to participate in the National Association of Counties (NACO) or the International City and County Management Association (ICMA) Defened Compensation plans as currently offered. If either of both are stopped or modified for all other County employees, the same change will affect the bargaining unit, If an additional plan is offered to all other County employees, it will also be offered to the bargaining unit. @ 40 ARTICLE 27 HEALTH AND SAFETY Section 27.I The Employer agrees to provide reasonable standards of safety and health in the Fire Department in order to eliminate as much as possible: accidents, deaths, injuries, and illnesses in the fire service. Health and safety is a joint responsibility, therefore, employees must follow all safety standards. Section27.2 There shall be a joint safety and health committee composed of an equal number of Employer and Union representatives. The Union representatives shall be selected by the Union. The roles and responsibilities of this committee shall be reviewed and approved by the County's Risk Management Director. The Committee shall not have authority to engage in collective bargaining. Section 27.3 The Employer shall furnish and thereafter maintain at no cost to the employee all respiratory apparatus, gloves, helmets, protective clothing and other protective equipment, such as personal alarm devices, and personal flotation devices, necessary to preserve and protect the safety and health of firefighters. Section 27.4 All protective clothing and equipment shall meet the standard, whether existing or promulgated during the term of this agreement, that provides minimum standards, if standards exist, (otherwise the County can provide the equipment of its choice) of worker protection from among federal, state, provincial or voluntary consensus standards. The Employer shall provide all employees with training in the safety and health problems of the work environment and the use and proper maintenance of protective equipment, protective clothing, respiratory apparafus and all other protective devices. The Employer agrees to provide a continuing program of safety and health for all employees to develop an ongoing safety awareness aptitude. In the event of the introduction of new technology or other changes in work processes, the employees affected shall be fully trained in all the health and safety aspects of the new procedure, work process or equipment. Sestion 27.5 Only personnel who have been Federal Agency shall be permitted to breathing apparatus. trained and certified by the manufacturer or applicable perform maintenance and/or repairs on self-contained @ 4t Section 27.6 The Employer will provide an Employee Assistance Program consistent with the program provided fbr all other County Emergency Services Personnel. 42 ARTICLE 28 SALARIES Section 28.I The Salary schedule set out below shall be a part of, and is subject to all the provisions of this Agreement. Classification Firefighter Fire Lieutenant Section 28.2 Performance based merit pay, general wage adjustments and COLA will be offered to qualiffing members of the bargaining unit consistent with any annual increases as may be established by the County Manager for all County employees. Section 28.3 Qualiffing members of the bargaining unit shall receive pay plan market adjustments based upon the annual wage and salary market survey conducted by the Human Resources Director and approved for implementation by the County Manager. Minimum Marketpoint $ 15.1210 $17 .7894 $ l9.8ss7 s23.3s97 Maximum $22.2368 s29.1996 Match Point $ 19.s683 $2s.69s7 43 ARTICLE 29 SHIFT EXCHANGE Section 29.1 The trading of time between employees will be permitted in accordance with the following provisions: a) Employees with equal qualifications (defined as the same and/or similar certifications, training, years of experience, etc,) can exchange with each other within their rank and classification and are limited to five (5) shift exchanges within a thirty-day period with all exchanges repaid within 180 days. Shift exchanges for education/training may exceed this limitation if approved in advance by the Fire Chief or designee. b) All exchanges must be requested in writing on the Department shift exchange request form and approved or denied at the sole discretion of the-Fire Chief or designee. c) Employees are prohibited from paying another employee to work any portion of their shift. Only exchanges of time will be permitted. d) Shift exchange paybacks must be scheduled at the same time as an initial shift exchange or otherwise follows the procedures of this Article. e) No employee may be scheduled to be on duty as a result of a shift exchange for more than forty-eight (48) consecutive hours when assigned to the 24148 schedule. 0 Employees will be responsible for all record keeping of proper exchanges as permitted by the Fair Labor Standards Act. g) Shift exchanges for employees reporting late for work will not be permitted. h) An employee that enters into a shift exchange that causes the employee to leave work early in order to meet the trade or duty obligation at another station shall ensure that the units are staffed without any overtime pay obligation to the County. i) Exchange request shall be submitted to the Department five calendar days in advance ofthe requested initial exchange. 44 @ Except for the residual exchange provided in Section 30.1 (h), a shift exchange must be fully approved and signed by all the following in order, and placed on the roster prior to the substitution taking place. Exchange requests shall be submitted on the Department form 5 calendar days in advance ofthe requested exchange. STEPS FOR SIGNATURES AND APPROVAL: l. The employee wishing the shift exchange. ) a J. exchange. The employee agreeing to the exchange. The shift supervisor (currently the Lieutenant) for employee initiating shift 4. The shift supervisor (cunently the Lieutenant) for employee agreeing to pay back shift exchange. 5. Last supervisor places shift exchange on roster. Section 29.2 An employee scheduled to work a shift exchange is not eligible for any type of paid leave. Section 29.3 In the event an employee scheduled to work for another does not report, the employee normally scheduled to work will be charged vacation leave or, if vacation leave is exhausted, will have his/her sick leave charged. Section 29.4 The Employer will not be responsible for any monetary loss incurred by any employee due to the failure of an employee to pay back shift exchange time for any reason. Employees owed shift exchanges must get exchanges paid back prior to the promotion of either employee involved in the shift exchange or forfeit the return exchange. 45 ARTICLE 30 WORKING OUT OF CLASSIFICATION Section 30.1 Should an employee be designated for a temporary assignment to perform work in a higher classification within the bargaining unit, the employee shall receive a separate differential of $1.51 per hour, not added to base pay, for all hours worked in the higher classification. This represents ten percent (10%) of a minimum firefighter salary as provided in Article 28. Upon completion of the temporary assignment, the differential pay will be discontinued. 46 ARTICLE 31 UNIFORMS AND EQUIPMENT Section 3l .1 The County will furnish all new full-time and part-time employees in job classifications Firefighter and Lieutenants with uniforms and equipment in accordance with current policy. Section 3l.2 The employees in the above classifications will be provided replacement of uniforms as deemed necessary by the Fire Chief: To receive the uniform replacements, the old uniforms and jump suit must be tumed in. Section 31.3 Equipment damaged due to negligence or loss shall be replaced at the employee's expense. Section 31.4 Employees are required to wear these uniforms and report to work in a clean and neat appearance. The employee will be required to wear a plain white or Department issued gray crew neck t-shirt, black shoes or boots, and a black belt as a part ofthe issued uniform outlined in this Article. In addition, employees wearing low cut shoes will be required to wear solid dark blue or black socks. Employees must also report to work with pens as required for paperwork. In extremely cold weather employees will be permitted to supplement their uniforms with long underwear (white or dark blue) and Department sweat shirt tops worn either under their uniform shirt as needed. The Department agrees to supply the equipment listed in this Section. Section 31.5 No jewelry of any type may be worn while on duty except for a wedding ring, wristwatch and/or medic alert bracelet. No other jewelry will be permitted. Permitted jewelry shall be appropriate to the tasks, which are norrnal and customary for the employee's duties. The Employer shall reimburse the employee for the loss of or damage to such permitted jewelry, which occurs during the course and scope of employment subject to the reasonable and customary cost of its replacement or repair. Section 3l.6 Employees will maintain their hair in a clean and groomed condition. Hair shall be pulled back so as to prevent it from falling into an employee's face/eyes or touching their collar. Employees will be clean-shaven on duty. A mustache that does not come between the sealing surface of the face piece and the face is permissible. G 47 Section 31.7 When the employment relationship is terminated for whatever reason, the employee will be responsible for the return of all equipment furnished under this Article to the County. All equipment must be returned in good condition and all uniforms will be cleaned and pressed prior to departure. e 48 ARTICLE 32 EDUCATIONAL DIFFERENTIAL Section 32.1 The Employer will satisfu the current respective Florida Statute requirements and will remain consistent with future changes in the Florida Statutes. Tuition reimbursement will be in accordance with CMA #5344 (attached) as provided for all County employees. 49 ARTICLE 33 PARIilNG Section 33.1 The Employer will continue the current practice of providing parking within defined parking spaces. No maintenance, washing, or waxing of vehicles shall occur on Fire District properly regardless of whether or not an employee is on or off duty. 50 ARTICLE -34 VACATION LEAVE Section 34.1 Eligibilitv All regular full-time and regular part-time employees shall be entitled to earn vacation leave, provided the time has been accrued at the beginning of the pay period for the time taken. Vacation is accrued from the date of hire and is retroactive to the hire date upon successful completion of the probationary period. Under no circumstances shall temporary, contractual, emergency, or similar employees be entitled to vacation benefits. (See also CMA #5360) Section 34.2 Accrual of Vacation Leave 1. Vacation leave for regular full-time and regular part-time shall be accrued from the date of hire for each normally scheduled hour of work, based upon the following hourly rates: 2. Vacation shall be accrued on regular hours worked, earned vacation taken, earned sick hours taken, jury duty and military leave. Any leave without pay and the hours worked in excess of the normal work period, whether paid at straight time or overtime, are excluded from hours worked when determining vacation accrual, 3. Employees hired from Constitutional Officer agencies without a break in continuous service, or a break in service of less than 30 days, may not transfer their accumulated vacation time. However, continuous service with these agencies shall count for vacation accrual rate and Length of Service Award. This provision shall apply only to employees hired after September 30,1992 by the County Manager's Agency. 4. Temporary or seasonal employees do not receive vacation accrual nor does their temporary employment count towards years of service. Section 34.3 Maximum Vacation Accrual Hours Vacation may be accrued to a maximum of 448 hours. Leave in excess of 448 hours will be automatically converted to sick leave. Vacation may be extended beyond 448 hours to 616 hours when determined to be in the best interest of the County and with the prior written approval of the County Manager. Approval to extend beyond the 448-hour cap will be granted when: a) The County must have the service of that employee for a period of time that 51 Length of Service Yearly Vacation Hours Accrual Per Biweekly Work Period I - 2 Years 120 4.615 3 - 6 Years r68.02 6.464 7 - 20 Years 240 9.23 21 -t- Years 288 1 1.08 would preclude the use of vacation and cause the employee's accrued leave to exoeed 448 hours. b) The employee is in "good standing" and was rated "meets standards" or better on their most recent performance appraisal. c) The employee agrees in writing to take annually at least 112 hours of vacation during any year in which the employee's vacation exceeds 448 hours. Failure to do so will cause automatic conversion to sick leave. Section 34.4 Use of Vacation Vacation may be used for personal reasons not otherwise prohibited by the County. With the supervisor's approval, accrued vacation leave, will, if available, be used for uncovered portions of sick leave if all sick leave has been exhausted. Section 34.5 Illness Durine Vacation An employee who becomes sick while on an approved vacation may be allowed to use accrued sick leave credits to cover the period of illness. Upon the employee's return to work, the supervisor may require a medical certificate documenting the illness. Section 34.6 Scheduline Use of Vacation Employees shall select vacation dates for leave not later than six (6) days prior to the date the leave is to be taken. Although the Chief shall have the discretion to grant leave that is not received prior to the six day requirement. Vacation leave shall be awarded on a seniority basis. The County reserves the right to refuse the requested dates and to assign vacations based on staffing requirements, anticipated workload, and current status of operations and vacation opportunities for all bargaining unit employees. Section 34.7. Use of Vacation Time Vacation leave must be taken in minimums of one half hour increments for twenty-four hour shift employees. Section 34.8 Vacation Pay Upon Termination Employees who resign, are laid off, or are otherwise separated or discharged from the County Service shall be entitled to be paid for any unused vacation balance earned. Section 34.9 Personal Leave Employees will be eligible for up to 16 personal leave hours with pay per calendar year as set forth in CMA # 5360. 52 @ ARTICLE 35 SAVINGS CLAUSE Section 35.1 If any provision of this Agreement, or the application of such provision, should be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain in full force and effect. The parties will meet as soon as possible to negotiate a mutually agreeable replacement provi sion. Section 35.2 Unless directly in conflict with a Section of this Agreement, the County's Human Resources Policies and Procedures, as amended from time to time, shall apply to employees covered by this Agreement. In the event of a direct conflict, this Agreement shall govern. 53 ARTICLE 36 ALCOHOL AND DRUG TESTING Section 36.1 Both the County and the Union recognize that drug and alcohol abuse is a growing problem among our nation's work force. The County and the Union also recognize the tremendous cost, both in terms of efficiency and in human suffering caused by needless work place accidents. Acknowledging the necessity for action, the following Alcohol and Drug Testing program is hereby initiated. Section 36.2 In the event a member of management has a reasonable suspicion to believe that an employee is under the influence of drugs or alcohol on duty, he/she may require that the employee submit to an industry accepted breathalyzer test, blood test, urinalysis and/or other appropriate testing. Reasonable suspicion may be based upon a variety of factors, including but not limited to accident, absenteeism, injury, conduct, performance, physical signs such as impaired reactions or judgment, slurred or exaggerated speech or lack of balance, as well as the smell or presence of alcohol or a controlled substance, or reports by other employees. Should the employee test positive to alcohol or drugs, the County will utilize a confirmatory process before taking further action. Such confirmatory process will utilize industry accepted testing procedures. Section 36.3 In the event an appropriate management official as defined in Section 38.2 above requests that an employee submit to a breath, blood, urine and/or other tests, and the employee refuses to submit to such test or tests, such refusal may result in disciplinary action, up to and including discharge. Section 36.4 In order to promote safety, health and security concerns, the Fire Chief and/or designee may search lockers, vehicles and other County-owned or supplied area. The Fire Chief and/or his designee reserves the right, based on reasonable suspicion, to search employee owned vehicles, handbags, lunch boxes, and other containers or personal effects including outer clothing. At no time will any employee's clothing be searched by or in the presence of a member of the opposite sex. An employee's refusal to cooperate with or submit to a search may result in disciplinary action up to and including discharge. 54 @ Section 36.5 All employees who must use a prescription drug that causes adverse side effects (drowsiness or impaired reflexes or reaction time) shall inform their supervisor in writing that they are taking such medication on the advice of a physician. It is the employee's responsibility to also inform their supervisor of the possible side effects of the drug on performance and expected duration of use. The prescribing physician must provide a statement that the employee can perform all of the employee's normal job functions, which will be provided to the employee's supervisor prior to starting work. Section 36.6 The cost of drug and alcohol screening tests required by the County will be paid for by the County. Section 36.7 The County retains the right to discipline up to and including discharge any employee who uses, possesses, dispenses, sells or buys illegal drugs or narcotics, whether on or off duty, or who uses or possesses alcohol while on duty, or who reports to work under the influence of illegal drugs or alcohol. The existence of an Employee Assistance Program does not affect the right of the County to impose discipline, up to and including termination, for violating this Article. Section 36.8 Any employee who is convicted, pleads guilty or no lo contendre (no contest) to any criminal drug statute violation, whether on or off duty, must notifu the Director of Human Resources no later than five (5) days after such conviction. Failure to do so will be cause for appropriate disciplinary action, up to and including termination. Once the County receives such information, the County will make the appropriate determination as to what disciplinary action, if any, is to be taken. 55 ARTICLE 37 DURATION AND ASSIGNABILITY Section 37.1 This Agreement will be in full force and effect as of the date of approval by the Board of County Commissioners on June 24, 2014, with implementation of the work period and wage provisions on the Bargaining Unit members on June 28, 2014. This Agreement shall remain in full force and effect until midnight the 30th day of September,2Ol7. The Parties agree that the County may assign this Agreement, with notice to the Union, in the event the Isles of Capri Fire District merges or is otherwise consolidated, joined or united or enters into a contractual management arrangement with any other agency. 56 @ ARTICLE 38 HOLIDAYS Section 38.1 - Holiday Pay Regular full-time employees assigned to a l2-hour or 24-hour schedule will receive the equivalent of 12 hours of straight time pay for each of the following holidays: . New Years Day . Dr. Martin Luther King's Birthday ' President's Day r Memorial Day . Independence Day . Labor Day . Veteran's Day . Thanksgiving Day . Day after Thanksgiving ' Christmas Eve . Christmas Day In addition to the days listed above, bargaining unit employees shall also be granted appropriate pay for any other day declared a holiday by the County Commission. If less than a full day is granted as a holiday, the bargaining unit shall receive a pro-rata amount as holiday pay. Sestion 38.2 - Receipt of PaY The holiday pay will be included with the normal paycheck for the period which included the holiday. 57 ARTICLE 39 MEDIC RESCUE Section 39.1 -Isles of Capri Firefighter Functions for Medic Rescue Firefighter EMTs' main responsibility is driving the medic rescue unit. The Firefighter EMT will also assist Paramedics on emergency medical calls, filling out paperwork and recording information, and in cleaning the unit after a call. The Firefighter EMT may ride in the back if he/she chooses on Non AlS-emergency transports at the discretion of the Firefighter/Medic. Section 39.2 - Isles of Capri Firefighter Functions for ALS Engine The Firefighter EMT is responsible for the ALS Engine unit. The Firefighter EMT will also assist the paramedic on emergency medical calls, filling out paperwork and recording information, and in cleaning the unit after a call. The Firefighter EMT will be in charge of non- medical aspects of engine work. (o 58 FOR COLLIER COI-JNTY: FOR THE UNION: {":6*- DAVID THOMAS, PRESIDENT LOCAL 4719, PROFESSIONAL FIRE AND MARINE RESCUE OF ISLES OF CAPRI, INTERNATIONAL AS SOCIATION OF FIRE FIGHTERS ,orr, Sfzof a-il Type or Print Name: *lrya ,u"/.r14 THIS AGREEMENT IS SUBJECT TO RATIFICATION BY THE BARGAINING UNIT AND THE COLLIER COUNTY BOARD OF COMMISSIONERS. 'rqni,^- Name: wlYr[- 59 E. OCHS, JR., BOARD OF COLINTY COMMISSIONERS Approved as to form and legality: Scott R. Teach, Deputy County Attorney State ot rlonoa County of COLLIER I HEREBY CERTiFY THAT this is a true and 60 Board [t,4ii r WlTl'iil:::i ttt i'3'i,[iler#Y" ATTEST: DWIGHT E. BROCK M Section M Ochopee Fire Control Collective Bargaining Agreement Section N Florida Statue 191 Intergovernmental Coordination and Collier County Fire Control N Statutes & Constitution :View Statutes : Online Sunshine Setect Year: The zor4 Florida Statutes Page 1of 5 Titte xlt MUNICIPAL]TIES Chapter 17'l LOCAL GOVERNMENT BOUNDARIES View Entire Chapter 171,7O3 lnterlocal service boundary agreement.-The governing body of a county and one or more municipatities or independent speciat djstricts within the county may enter into an intertocaI service boundary agreement under thjs part. The governing bodies of a county, a municipatity, or an independent speciat district may devetop a process for reaching an intertocaI service boundary agreement which provides for pubtic participation in a manner that meets or exceeds the requirements of subsection (13), or the governing bodies may use the process estabtished in this section. (1) A county, a municipatity, or an independent special district desiring to enter into an intertocat service boundary agreement shatI commence the negotiation process by adopting an initiating resotution. The initiating resotution must identify an unincorporated area or incorporated area, or both, to be discussed and the issues to be negotiated. The identified area must be specified in the initiating resotution by a descriptive exhibit that includes, but need not be limited to, a map or legat description of the designated area. The issues for negotiation must be listed in the initiating resotution and may jnclude, but need not be timited to, the issues listed in subsection (6). An independent speciat district may initiate the intertocal service boundary agreement for the purposes of dissotving an independent speciat district or in response to a proposed annexation that woutd remove more than '10 percent of the taxable or assessabte vatue of an independent speciaI district. (a) The initiating resotutjon of an initiating county must designate one or more invited municipatities. The initiating resotution of an initiating municipatity may designate an invited municipatity. The initiating resotution of an independent speciat district must designate one or more invited municipatities and invite the county. (b) An initiating county shatl send the initiating resotution by United States certified majt to the chief administrative officer of every invited municipatity and each other municipality within the county. An initiating municipatity shatl send the initiating resotution by United States certified mait to the chief administrative officer of the county, the invited municipatity, 'if any, and each other municipatity within the county. (c) The initiatjng [oca[ government shatl atso send the initiating resotution to the chief administrative officer of each independent speciat district in the unincorporated area designated in the initiating resotution. (2) Within 60 days after the receipt of an initiating resotution, the county or the invited municipatity, as appropriate, shatI adopt a responding resotution. The responding resotution may identify an additional unincorporated area or incorporated area, or both, for discussion and may designate additional issues for negotiation. The additionat identified area, if any, must be specified in the responding resolution by a descriptive exhjbit that inctudes, but need not be [imited to, a map or [ega[ description of the designated area. The additionat issues designated for negotiation, if any, must be tisted in the responding resotution and may inctude, but need not be (imited to, the issues listed in http://www.leg.state.fl.us/statutes/index.cfm?mode:View%20Statutes&SubMenu:1&App... 3l31l20l5 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 5 subsection (6). The respondjng resotution may atso invite an additionat municipatity or independent speciat district to negotiate the intertocal service boundary agreement. (a) Within 7 days after the adoption of a responding resotution, the responding county shatt send the responding resotution by United States certified maiI to the chief administrative officer of the initiating municipatity, each invited municipatity, if any, and the independent speciat district that received an initiating resotution. (b) Within 7 days after the adoption of a responding resotution, an invited municipatity shatt send the responding resotution by United States certified mail to the chief administrative officer of the jnitiating county, each invited municipatity, if any, and each independent speciat district that received an initiating resotution. (c) An invited municipatity that was invited by a responding resotution shatt adopt a responding resotution in accordance with paragraph (b). (d) Within 60 days after receipt of the jnitiating resotution, any independent special district that received an initiating resotution and that desires to participate in the negotiations shatI adopt a resotution indicating that it intends to participate in the negotiation process for the intertocat service boundary agreement. Within 7 days after the adoption of the resotution, the independent specia( district shatt send the resotution by United States certified majI to the chief administrative officer of the county, the initiating municipatity, each invited municipatity, if any, and each notified [oca[ government. (3) A municipatity within the county which is not an invited munjcipatity may request participation in the negotiations for the intertocat service boundary agreement. Such a request must be accomptished by adopting a requesting resotution within 60 days after receipt of the initiating resotution or within 10 days after receipt of the responding resolution. Within 7 days after adoption of the requesting resotution, the requesting municipatity shatt send the resotution by United States certified mail to the chief administrative officer of the initiating locat government and each invited municipatity. The county and the invited municipatity shatI consider whether to attow a requesting municipatity to participate in the negotiations, and, if they agree, the county and the municipatity shatt adopt a participating resotution allowing the requesting municipatity to participate in the negotiations. (4) The county, the invited municipatities, the participating municipatities, if any, and the independent speciaI districts, if any have adopted a resotution to participate, shatI begin negotiations within 60 days after receipt of the responding resotution or a participating resotution, whichever occurs Iater. (5) An invited municipatity that fails to adopt a responding resotution shatl be deemed to waive its right to participate in the negotiation process and shatt be bound by an inter(ocal agreement resutting from such negotiation process, if any is reached. (6) An intertocat service boundary agreement may address any issue concerning service detivery, fiscal responsibitities, or boundary adjustment. The agreement may inctude, but need not be timjted to, provisions that: (a) ldentify a municipal seryice area. (b) ldentify an unincorporated service area. (c) ldentify the locat government responsibte for the detivery or funding of the fottowing services within the municipat service area or the unincorporated service area: 1. Pubtic safety. 7. Fire, emergency rescue, and medicat. 3. Water and wastewater. http://www.leg.state.fl.us/statutes/index.cfm?mode:View%20Statutes&SubMenu=1&App...3131/2015 Statutes & Constitution :View Statutes : Online Sunshinc Page 3 of 5 4. Road ownership, construction, and maintenance. 5. Conservation, parks, and recreation. 6. Stormwater management and drainage. (d) Address other services and infrastructure not currentty provided by an etectric utitity as defined by s. 366.02(2) or a natural gas transmission company as defined by s. 368.103(4). However, this paragraph does not affect any terrjtoriat agreement between etectricat utitities or pubtic utitities under chapter 366 or affect the determination of a territorial dispute by the Pubtic Service Commission under s.366.04. (e) Estabtish a process and schedute for annexation of an area within the designated municipat service area consistent with s. 171 .205. (f) Estabtish a process for land use decisions consistent with part ll of chapter 163, inctuding those made jointty by the governing bodies of the county and the municipatity, or attow a municipatity to adopt tand use changes consistent with part ll of chapter 163 for areas that are scheduted to be annexed within the term of the intertocat agreement; however, the county comprehensive ptan and land devetopment regutations shatt controI untiI the municipatity annexes the property and amends its comprehensive ptan accordingty. (g) Address other issues concerning service detivery, inctuding the transfer of services and infrastructure and the fiscaI compensation to one county, municipatity, or independent speciat district from another county, municipality, or independent speciat district. (h) Provide for the joint use of facitities and the cotocation of services. (j) Inctude a requirement for a report to the county of the municipatity's ptanned service detivery, as provided in s- 171.M2, or as otherwise determined by agreement. (j) Estabtish a procedure by which the tocat government that is responsibte for water and wastewater services shatt, within 30 days after the annexation or subtraction of territory, appty for any modifications to permits of the water management district or the Department of Environmentat Protection which are necessary to reftect changes in the entity that is responsibte for managing surface water under such permits. (7) lf the intertocat service boundary agreement addresses responsibitities for land use ptanning under chapter 163, the agreement must atso estabtish the procedures for preparing and adopting comprehensive ptan amendments, administering land devetopment regutations, and issuing devetopment orders. (8) ln order to ensure that the heatth and wetfare of the residents affected by annexation witl be protected, att fire and emergency medical services shatt be provided by the existing provider of fire and emergency medical services to the annexed area and remain part of the existing municipal service taxing unit or speciaI district unless: (a) The county and annexing municipatity reach an agreement, through intertocal agreement or other tegatly sufficient means, as to who shatl provide these emergency services; or (b) A fire rescue services etement exists for the respective county's comprehensive ptan fited with the state and the annexing municipatity meets the criteria set forth. (9) Each tocal government that is a party to the intertocal service boundary agreement shatl amend the intergovernmental coordination etement of its comprehensive ptan, as described in s. 163.3177(6)(h) 1 ., no tater than 6 months fottowing entry of the intertocat service boundary agreement consistent with s. 163.3177(6)(h)1. (10) An affected person for the purpose of chattenging a comprehensive ptan amendment required by paragraph (6)(f) inctudes a person who owns real property, resides, or owns or operates a business http://www.leg.state.fl.us/statutes/index.cfm?mode:View%20Statutes&SubMenu-1&App...3/3112015 Statutes & Constitution :View Statutes : Online Sunshine Page 4 of 5 within the boundaries of the municipal service area, and a person who owns real property abutting real property wjthin the municipat service area that is the subject of the comprehensive plan amendment, in addition to those other affected persons who woutd have standing under s. '163.3184. (11 )(a) A municipatity that is a party to an interlocat service boundary agreement that identifies an unincorporated area for municipal annexation under s. '171.202(11)(a) shatt adopt a municipal service area as an amendment to its comprehensive ptan to address future possibte municipa( annexation. The state tand ptanning agency shatl review the amendment for comptiance with part ll of chapter 163. The proposed plan amendment must contain: 1. A boundary map of the municipal service area. 2. Population projections for the area. 3. Data and anatysis supporting the provisjon of pubtic facitities for the area. (b) Thjs part does not authorize the state tand ptanning agency to review, evatuate, determine, approve, or disapprove a munjcipat ordinance retating to municipat annexation or contraction. (12) An intertocat service boundary agreement may be for a term of 20 years or tess. The intertocat service boundary agreement must inctude a provision requiring periodic review. The interlocaI service boundary agreement must require renegotiations to begin at least 18 months before its termination date. (13) No eartier than 6 months after the commencement of negotiations, either of the jnitiating locat governments or both, the county, or the invited municipatity may dectare an impasse in the negotiations and seek a resotution of the issues under ss. 164.105!-164.1057. lf the [oca[ governments fail to agree at the conctusion of the process under chapter 164, the [oca[ governments shatt hotd a joint pubtic hearing on the issues raised in the negotiations. ('14) When the tocat governments have reached an intertocal service boundary agreement, the county and the municipatity shatt adopt the agreement by ordinance under s. 166.041 ot s. 125.66, respectivety. An independent speciaI district, if it consents to the agreement, shatt adopt the agreement by finat order, resolution, or other method consistent with its charter. The intertocat service boundary agreement shatl take effect on the day specified in the agreement or, if there is no date, upon adoption by the county or the invited municipatity, whichever occurs later. This part does not prohibit a county or municipatity from adopting an intertocaI service boundary agreement without the consent of an independent specia( district, untess the agreement provides for the dissotutjon of an independent speciat district or the removal of more than '10 percent of the taxabte or assessabte vatue of an independent speciaI district. (15) For a period of 6 months fottowing the faiture of the [oca[ governments to consent to an intertocaI service boundary agreement, the initiating locat government may not initiate the negotiation process established in this section to require the responding [oca[ government to negotiate an agreement concerning the same identified unincorporated area and the same issues that were specified in the faited initiating resotution. (16) This part does not authorize one tocal government to require another tocat government to enter into an intertocal service boundary agreement. However, when the process for negotiating an intertocat service boundary agreement is initiated, the tocat governments shatt negotiate in good faith to the conctusion of the process estabtished in this section. (17) This section authorizes [oca[ governments to simuttaneousty engage in negotiating more than one intertocat service boundary agreement, notwithstanding that separate negotiations concern simitar or identicaI unincorporated areas and issues. http://www.leg.state.fl.us/statutes/index.cfm?mode:View%20Statutes&SubMenu:l&App... 3l3l/2015 Page 5 of5 (18) Etected locat government officiats are encouraged to participate activety and directty in the negotiation process for devetoping an intertocaI service boundary agreement. (19) This part does not impair any existing franchise agreement without the consent of the franchisee, any existing territoriaI agreement between etectric utitities or pubtic utitities under chapter 366, or the jurisdiction of the Pubtic Service Commission to resolve a territorial dispute invotving electric utitities or public utilities in accordance with s. 366.04. ln addition, an intertocal agreement entered into under this section has no effect in a proceeding before the Pubtic Service Commission invotving a territoriat dispute. A municipatity or county shatt retain atl existing authority, if any, to negotiate a franchise agreement with any private service provider for use of pubtic rights-of-way or the privitege of providing a service. (20) This part does not impair any existing contract without the consent of the parties. History.-s.'l , ch.2006-2'18; s.35, ch.20'l 'l-139. Copyright o 1995-2015 The Ftorida Legistature . Privacv Statement . Contact Us http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu:1&App... 313112015 Statutes & Constitution :View Statutes : Online Sunshine Section O Florida Statue 171 Interlocal Services O Page 1 of I The zor4 Florida Statutes Titte Xlll Chapter '191 View Entire PLANNING AND INDEPENDENT SPECIAL FIRE CONTROL ChAPIET DEVELOPMENT DISTRICTS 191.O13 lntergovernmental coordination.- (1 ) The fire chiefs of each county are urged to organize and meet as a county fire chiefs' association to coordinate the ptanning and activities of a[[ entities that provide fire protection and suppression services. The association may etect officers and meet at least biannualty. (21 Each independent special fire controt district sha[[ adopt a S-year ptan to identify the facilities, equipment, personnet, and revenue needed by the district during that 5-year period. The ptan shatl be updated in accordance with s. 189.08 and shatlsatisfy the requirement for a pubtic facitities report required by s. 189.08(2). History.-s. 12, ch. 97-256; s. 74, ch.2014-22. Copyright @ 1995-2015 The Ftorida Legistature . Privacv Statement . Contact Us http://www.leg.state.fl.us/statutes/index.cfm?mode:View%20Statutes&SubMenu:1&App... 3l3ll20l5 Statutes & Constitution :View Statutes : Online Sunshine Collier County, FL Code ofOrdinances Page 1 of 3 ARTICLE XL. - GOODLAND STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT Sec. 122-1106. - Authority for this article. This article is adopted pursuant to F.S. chs. 125, 165 and 200; and other applicable provisions of law (hereinafter referred to as the "Act"). (Ord. No. 84-74,5 1l Sec. 122-1107. - Creation; boundaries. There is hereby created and established the Goodland Street Lighting Municipal Service Taxing Unit (hereinafter referred to as the "MSTU"). The boundaries of the MSTU are as follows: All that parcel of land in Sections '18 and 19, Township 52 South, Range 27 East, Collier County, Florida, and lying south and west of the Marco River and lying north of Blue Hill Creek. (Ord. No. 84-74,5 2) State Law reference- Authority to create municipal service taxing or benefit unit, F.S. E 125.01 (1Xq), Sec. 122-1108. - Purposes and governing body. The MSTU is created for the purpose of providing street lighting for all platted and unplatted areas within Goodland, and to do all things reasonably necessary to provide said lighting within said N/STU The governing body ofthe MSTU shall be the Board of County Commissioners. (Ord, No. 84-74,9 3) State Law reference- Board of county commissioners to be Soverning body of unit, F.S. S 1 25.01(2). Sec. 1 22-1 109. - Funding and levy of taxes. The street lighting program designated pursuant to section 122-1 108 shall be provided from taxes within the N/STU only. Pursuant to the authority of F.S. S 200.065, the governing body of the MSTU is authorized to levy in excess ofthe rolled-back millage rate computed pursuant to F.S. S 200.065(1), provided such levy has been approved by majority vote ofthe qualified electors in the MSTU voting in an election called for such purpose. The levy, not to exceed one mill, shall be for the purposes specified in section 122-1108. Such taxes shall be levied and collected at the same time and in the same manner as provided by law for county taxes. The property appraiser and the tax collector of the county are specifically authorized and directed to take all necessary and desirable action in furtherance of this section. (Ord. No. 84-14,5 4) Secs. 122-'1 110-122-1130. - Reserved. ARTICLE XLI, . COLLIER COUNTY FIRE CONTROL I\4UNICIPAL SERVICES TAXING UNIT Sec. 122-1131. - Created; boundartes. Pursuant to F.S. ch. 125, the Collier County Fire Control Services Taxing Unit is hereby created and established for the purpose of providing fire protection to the residents of the areas hereafter about:blank 3t31/2015 Collier County, FL Code of Ordinances Page 2 of 3 described: All of the unincorporated areas of the county lying outside the boundaries of an existing fire control taxing district. (Ord. No. 84-84, S 1) State Law reference- Authority to create municipal service taxinS or benefit unit, F.S. 5 1 25.01(1Xq). Sec, 122-1132. - Ad valorem tax not to exceed one mill authorized. The Collier County Fire Control Municipal Services Taxing Unit is hereby empowered and authorized to levy an ad valorem tax not to exceed two mills in any one fiscal year. (Ord. No. 84-84,52; Ord. No.88-65, q 1) Sec. 122-1133. - Governing board; powers and duties. The governing board of the Collier County Fire Control Municipal Services Taxing Unit shall be the Board of County Commissioners. The board shall possess the power and duty to conduct the affairs of the unit as prescribed by law, and is specifically empowered to provide fire protection services within the area described in section 122-1131 on a contractual basis with various dependent or independent fire control districts, based on an ability to serve. (Ord. No. 84-84, 5 3) State Law reference- Board of county commissioners to be governing body of unit, F.S. S 125.01(2). Secs. 1 22-1 134-1 22-1 1 55. - Reserved. ARTICLE LXXVI. - GOODLAND/HORR'S ISLAND FIRE CONTROL DISTRICT Sec. 122-2031. - Title and citation. This article shall be known as the "Goodla nd/Horr's lsland Fire Control District." (Ord. No. 98-1 1 4, S 1 ) Sec. 122-2032. - Boundaries of the district. The Goodland / Horr's lsland Fire Control District is hereby created within the boundaries described as follows: That portion of Sections 1 8 and 1 9, Township 52 South, Range 27 East, Collier County, Florida lying south of Goodland Bay, west of Coon Key Pass and north of Blue Hill Creek, commonly known as Goodland; AND That portion of "Horr's lsland A.K.A. Key l\4arco" as recorded in Plat Book 21, pages 5 through 19, Public Records of Collier County, Florida, lying south of Blue Hill Creek. (Ord. No.98-114,52\ about:blank 3t31/2015 Collier County, FL Code of Ordinances Page 3 of3 Sec. 1 22-2033. - Creation and establishment of the district, Pursuantto Section 125.01, Florida Statutes, there is hereby created and established the Goodland / Horr's lsland Fire Control District. (Ord. No.98-114, S 3) Sec.122-2034. - Governing board; powers and duties. (a) The governing board of the district shall be the Board of County Commissioners with the power and duty to conduct the affairs of the district with the powers prescribed by Section 125.01(lXq), Florida Statutes, including, but not limited to, the power to equip, operate and maintain fire department services within the distric! to buy, lease, sell, exchange, or otherwise acquire, hold and dispose of equipment and other personal or real property; 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 forthe prevention and control of fire and to otherwise protect persons and property within the district. (b) Upon adoption of the district budget by the board it shall cause the budget to be recorded in the Board minutes and shall cause to be levied on all property within the district a millage sufficient to fund the budget not exceeding two mills in any one year to be assessed and collected as though county taxes. (c) The Board of County Commissioners shall cause to be: (1) lssued all warrants for services, equipment, materials and other expenses incurred by the district and approved for payment by the governing board. (2) On or before the end of each fiscalyear an annual report of the receipts and expenditures of the district as required by Chapter 218, Part ll, Florida Statutes. (Ord. No. 98-1 14, S 4) Secs. 1 22-2035-1 22-2040. - Reserved. about:blank 3t31t2015