Agenda 09/13/2016 R Item #11B 11.13
09/13/2016
EXECUTIVE SUMMARY
Recommendation to consider an Interlocal Agreement approved by the Greater Naples Fire
Commission and presented to County staff to provide fire services to the Ochopee Fire Control
District. (Len Golden Price,Administrative Services)
OBJECTIVE: To discuss and consider a proposal received for the management and delivery of fire
services in the County's sole remaining dependent fire district.
CONSIDERATIONS: In February 2015, the County solicited proposals for the provision of fire
services to the County's two dependent fire districts. A proposal was received from the Greater Naples
Fire Rescue District(GNFD) for management and possible annexation of the Isles of Capri, District One,
and Station 63 (Alligator Alley) of the Ochopee Fire Control District (OFCD), but not the entire District.
During a workshop and subsequent Board meeting in June 2015, staff was directed to proceed with the
interlocal agreement for the Isles of Capri Fire District and to defer to a future date the consideration of a
proposal for management and/or annexation of the entire Ochopee Fire Control District.
Consistent with that direction, staff began a series of meetings earlier this year with Greater Naples Fire
Chief Kingman Schuldt to negotiate an interlocal agreement for fire services in the OFCD. In May 2016,
Chief Schuldt presented staff with a proposed transition plan and Interlocal Agreement to assume control
of the Ochopee District. Staff met on numerous occasions to discuss the details of the plan including such
issues as ownership of facilities and equipment, funding resources,and timing for annexation.
At their Fire Commission meeting on July 19, 2016, the Greater Naples Fire Commission unilaterally
approved and authorized their Chairman to sign an Interlocal Agreement for management of the Ochopee
Fire Control District effective October 1, 2016 (Attachment A). While the agreement closely mirrors the
successful Isles of Capri fire services Interlocal Agreement, County staff did not consider negotiations
concluded and did not agree to all of the terms and conditions presented by the GNFD.
Town Hall Meetings were scheduled by GNFD for Wednesday, September 7, 2016 at Everglades City;
Friday, September 9, 2016 in Port of the Islands; and Monday, September 12, 2016 at Fire Station 61 in
Port of the Islands.
If the Board wishes to enter into an Agreement at this time, staff recommends the following modifications
(Attachment B).
1. Change the term of the agreement to commence on January 1, 2017 and terminate on September
30, 2019, with no provision for automatic renewal. This will allow sufficient time to ensure an
orderly transition, obtain public input, and allow the GNFD to assess its interest /capacity for
annexing this area.
2. Establish timelines by which the GNFD will initiate legislative action to annex the entire
Ochopee Fire Control District into the GNFD and to secure permanent funding of Station 63 -
Alligator Alley.
3. Modify the Payment Terms to reflect an incremental 3-year phased elimination of the subsidy
transfer of funds from the County's general fund to the Ochopee operating budget.
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11.B
09/13/2016
4. Assign the Interlocal Agreement between the County and FDOT for funding of Station 63 -
Alligator Alley to Greater Naples, subject to FDOT approval.
FISCAL IMPACT: During the term of the agreement, the County will pay the GNFD the ad valorem
tax revenue collected from the Ochopee Fire District each year, as well as, an annual transfer from the
county's General Fund in the amounts and percentages specified in the agreement. In no instance will the
amount of ad valorem proceeds paid to Greater Naples exceed the amount of ad valorem revenue posted
in the County's accounting system.
At year end, other eligible, appropriate and legally available non ad valorem operating revenue posted to
the accounting system will be paid to greater Naples with the explicit understanding that the fiscal year
ending cash balance will never drop below 110% of the amount needed to fund the next year's initial
payment installment which is due on or about October 1". In the event of an approved and authorized
full annexation, the audited financial reserves, if any, shall be remitted to Greater Naples.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
item.
STAFF RECOMMENDATION: That the Board authorizes the County Manager to negotiate the staff
recommended changes into the Agreement and bring the modified contract back to the Board for
subsequent action.
Prepared By: Len Price,Administrative Services Department Head
ATTACHMENT(S)
1.Attachment A (PDF)
2.Attachment B (DOCX)
3. Interlocal Agreement May 9 2014 executed no airspace agreement (PDF)
4. ES Ochopee Timelime 9/8/15 (PDF)
5. ES/Minutes Ochopee 3/25/14 (PDF)
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11.6
09/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.B
Item Summary: Recommendation to consider an Interlocal Agreement approved by the Greater
Naples Fire Commission and presented to County staff to provide fire services to the Ochopee Fire
Control District. (Len Golden Price,Administrative Services)
Meeting Date: 09/13/2016
Prepared by:
Title: Executive Secretary to County Manager—County Manager's Office
Name: MaryJo Brock
09/07/2016 8:22 AM
Submitted by:
Title: County Manager—County Manager's Office
Name: Leo E. Ochs
09/07/2016 8:22 AM
Approved By:
Review:
Administrative Services Department MaryJo Brock Level 1 Division Reviewer Skipped 09/07/2016 8:22 AM
Administrative Services Department Len Price Level 2 Division Administrator Review Completed 09/07/2016 1:05 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/07/2016 1:14 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 09/07/2016 1:25 PM
Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 09/07/2016 1:28 PM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 09/07/2016 3:42 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM
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11.B.a
INTERLOCAL AGREEMENT FOR THE MANAGEMENT OF FIRE AND RESCUE
SERVICES
BY AND BETWEEN
COLLIER COUNTY AND GREATER NAPLES FIRE RESCUE DISTRICT
This Interlocal Agreement, made and entered into this day of . 2016, by
and between the Board of County Commissioners of Collier County, Florida, a political
subdivision of the State of Florida(hereinafter referred to as the "County"),and the Greater Naples
Fire Rescue District, an Independent Special District created under Chapter 2014-240, Laws of
Florida, and operated pursuant to Chapter 191. Florida Statutes(hereinafter referred to as "Greater
Naples").
RECITALS:
WHEREAS, by Ordinance No.75-6. as subsequently amended. the County created the
Ochopee Municipal Fire Services Taxing District (hereinafter referred to as the "Ochopee Fire
Control District"). for the purpose of providing, equipping, operating, and maintaining a rescue LL
and fire department within the district: to buy. lease, sell, exchange or otherwise acquire, hold and
dispose of equipment and other personal or real property and to provide an adequate water supply o
for fire prevention and protection purposes; to employ and discharge employees and authorize
them to enter upon private and public property at reasonable times to inspect, combat and
investigate possible and actual fire hazards and occurrences: to promulgate rules and regulations
for the prevention and control of fire and to otherwise protect persons and property within the
district;"and
a)
WHEREAS, the parties intend to consolidate the Ochopee Fire Control District into
Greater Naples, which would ultimately require appropriate action by the Florida Legislature and
approval at referendum of the qualified electors within the Ochopee Fire Control District; and
WHEREAS. as an interim measure. until action can be taken by the Florida Legislature,
the County would like Greater Naples to manage the Ochopee Fire Control District including its
fire stations ('`Fire Stations 60, 61, 63 and 66 ``) on behalf of its governing body, the Board of
County Commissioners, which Greater Naples is willing to do,pursuant to and in accordance with
the terms of this Interlocal Management Agreement; and
WHEREAS. the Interlocal Cooperation Act of 1969 set forth in Chapter 163, Florida
Statutes, authorizes the joint exercise of any power, privilege or authority which the public
agencies involved might separately exercise.
WITNESSETH:
NOW. THEREFORE, in accordance with the mutual covenants contained herein, the
parties agree as follows:
1. TERM OF AGREEMENT:This Agreement shall commence on October 1,2016,and
will continue for a period of three (3) years ending on September 30, 2019, subject to
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11.B.a
the early termination provision provided below in numbered paragraph 14. Thereafter,
this Agreement will be automatically renewed on an annual basis under the same terms
and conditions, unless either party desires to terminate this agreement in the manner
set forth below.
2. TERMS OF PAYMENT: The County will set the annual millage rate for the Ochopee
Fire District at 4.5 mils for the first and second year of this agreement. The third year under the
agreement assuming the loan to Collier County is paid in full, the millage rate will be reduced to
4.0 mils. if the loan to Collier County is not paid in full the millage will remain at 4.5 Mils. The
County will pay Greater Naples in monthly installments the amount that is collected from this
MSTU net of costs required to be paid to the property appraiser. tax collector as well as any other
associated fees and costs.
Prior to the receipt of ad valorem property tax revenue which generally does not post until late
November, the County will pay to Greater Naples on or about October 1st, a sum equal to two
twelve's (2/12) of 95% of ad valorem proceeds budgeted (for example: based upon the July 2016
tentative budget totals the payment would be approximately $316,000). Thereafter monthly �-
beginning with the December posting. the County will pay to Greater Naples the exact amount of a
ad valorem proceeds posted until the last monthly posting (generally in June or July). In August, 2
after the last ad valorem tax receipt is posted, the County will pay to Greater Naples a true up o
amount which is defined as the total amount of ad valorem proceeds posted to the County's
accounting system less the amount paid. In no instance will the amount of ad valorem proceeds
paid to Greater Naples exceed the amount of ad valorem revenue posted in the County's accounting Q
system.
a)
Collier County will pay in the first quarter of the fiscal year to Greater Naples for the length of the
agreement the revenue amount budgeted as"Transfer from 001 General Fund"consistent with the
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FY 17 approved budget figure in the amount of $565,100. During subsequent years of the
agreement,Collier County and Greater Naples will meet to evaluate property value growth and the
potential reduction of this payment.
At year end, other eligible, appropriate and legally available non ad valorem revenue; posted to
the accounting system such as Impact fees, Inspection fees,and Excess fess returned from the from
property appraiser and tax collector, etc. will be paid to Greater Naples with the explicit
understanding that the year ending cash balance will not drop below the audited amount as of
September 30, 2016. In the event of an approved and authorized full annexation, the audited
financial reserves, if any, shall be remitted to Greater Naples.
FDOT Station 63 Funding: Collier County will maintain the current contract with for FDOT for
funding. Greater Naples will invoice Collier County monthly for the actual costs incurred specific
to Station 63,as per the terms of the FDOT contract.Collier County will reimburse Greater Naples
monthly per submitted invoice. Collier County and Greater Naples will work cooperatively with
FDOT to establish permanent finding for said station.
In the event of an approved and authorized full annexation, the audited financial reserves, if any,
shall be remitted to Greater Naples.
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11.B.a
3. SERVICE LEVEL: Greater Naples will provide the Ochopee Fire Control District
with the current level of fire protection and rescue services that Ochopee Fire Control District
provides its residents. Greater Naples strives to meet a standard of three personnel per station. All
decisions on staffing and equipment will be made by Greater Naples. Fire protection and rescue
services provided by Greater Naples will include all emergency and non-emergency services
normally performed by Greater Naples. including all those services required by law. This
Agreement does not alter any Mutual Aid or other agreement between the parties. Service levels
will include, at a minimum, the following:
• Up to three firefighters. but a minimum of two (1 lieutenant, 1 driver/engineer. 1
firefighter) assigned to three (3) Class-A fire apparatus, 24 hours each day stationed at
the Ochopee Fire Stations, which stations shall at all times remain open, operational,
and fully staffed with no "brown out" shifts. Such services shall generally include:
• Marine capability as currently provided
• Fire prevention and investigative services a
• Fire inspections and new occupancy inspections
• On-duty Shift Commander available at all times a
• Reserve fire engine available when necessary
• Other apparatus (brush attack, air trucks and squads) available as needed 0
• Preparation and coordination of emergency preparedness activities
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4. ADMINISTRATION AND RECORDS MANAGEMENT: Greater Naples will
provide all required administrative and support services, and will provide statistical and data
analysis to the County upon request. Greater Naples will be responsible for all personnel
administration, which includes at a minimum, hiring, promotions, disciplinary action up to and
including termination,planning,organizing,directing,and coordinating the work of all personnel.
and developing and implementing training programs.
a)
5. PUBLIC RELATIONS AND OTHER SERVICES: The Greater Naples Fire Chief I
or designee will prepare the agenda for and attend Ochopee Fire Advisory Committee meetings;
will liaison with outside agencies, the media and the public; when requested will provide activity
reports to the County Manager;and will provide any information requested by the Board of County
Commissioners.
6. PERSONNEL: All services provided under this Agreement will be under the
supervision of Greater Naples and will be performed by employees of Greater Naples. Prior to the
effective date of this agreement, Greater Naples will initiate the hiring process to ensure current
Ochopee Fire Control District employees are processed so as to begin employment with Greater
Naples upon the effective date of this agreement. Upon the effective date of the agreement, all
permanent Union employees of Ochopee Fire Control District will be transferred to Greater Naples
in accordance with Local 2396 Collective Bargaining Agreement (CBA). Non bargaining
employees will be covered by the GNFD Employee Handbook. The terms of employment and
accrued vacation leave balance and up to 144 hours of accrued sick leave shall be carried over.
There will be no negative impact on their compensation, assignment or position, longevity and
seniority. Should this agreement terminate without a consolidation with or annexation into the
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11.B.a
Greater Naples Fire District, the County will re-hire these same employees under the same
conditions:
a. Assuming those employees have been continuously employed by Great Naples
since the effective date of this agreement;
b. That there have been no adverse personnel events that would prevent rehire by the
County; and
c. Subject to any rights under existing collective bargaining agreements at the time of
rehire.
For the first year of this agreement, to assist with continuity and a smooth transition,
Greater Naples will endeavor to retain current Ochopee Fire Control District staff at the Ochopee
Fire Stations subject to operational needs of the District.
7. OWNERSHIP OF VEHICLES. FACILITIES AND EQUIPMENT: An inventory and
inspection of all supplies, vehicles and equipment located within the Ochopee Fire Stations or
otherwise owned by the district will be jointly conducted prior to the effective date of this it
a)
agreement and a report of same compiled and accepted by both parties. It is expressly 0.)
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understood and agreed by the Parties that the title to these supplies, vehicles and equipment will o
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remain the property of the County, and the Greater Naples agrees not to lease, loan, sell, sublet, o
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assign or mortgage any item on this Inventory Report. or the Fire Station itself, without the ••
County's prior prior written consent. In the event of an approved and authorized full annexation, the
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equipment. inventory and all assets listed in the Exhibit attached hereto shall become the ....-
property of Greater Naples. All existing supplies and equipment are to be used to perform the
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services included herein and must remain accountable within the Greater Naples and Ochopee a)
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Fire Districts unless being maintained or repaired. In addition: .c
c.)
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a) The County reserves the right to station a Collier County EMS ambulance and Z1
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personnel and equipment at the Ochopee Fire Station at the current budgeted rate. c
a)
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1)) The County shall conduct a biennial physical inspection,to commence from the c.)
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effective date of this Agreement, to ensure that vehicles, facilities, and equipment are properly
maintained in accordance with the requirements of this Agreement. The County shall provide
Greater Naples with 72-hour notice of a planned inspection.
c) For any non-routine, single Capital expense exceeding$5,000 related to the
equipment, vehicles, and inventory items referenced in paragraphs 7 and 10, Greater Naples may
request financial assistance from the County.
8. VEHICLE MAINTENANCE: Greater Naples shall repair and maintain at its sole cost
and expense all vehicles identified in the Inventory Report in first-class condition and repair in
accordance with the vehicle manufacturer's warranty and maintenance guidelines, Florida
Administrative Code Chapter 14-90 Safety Rules, as amended, and all NFPA required testing,
maintenance,practices and procedures. Greater Naples shall maintain a complete and accurate
record with respect to vehicle maintenance and repairs and shall forward a copy of this record to
the County Manager on request.
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11.B.a
9. RETURN OF VEHICLE: If termination of this Agreement occurs prior to the full
consolidation of the Ochopee Fire District, Greater Naples shall return all vehicles identified in
the Inventory Report to the County in the same condition in which they were received by Greater
Naples, ordinary wear and tear and natural depreciation excepted. Tires shall be in good
condition with a minimum average of no less than 7/32" tread remaining.
10. EQUIPMENT AND FACILITIES MAINTENANCE: Greater Naples will maintain
all equipment. grounds and facilities (including, if applicable. the boat and boat dock) in the
condition in which it was received at the time this Agreement becomes effective less normal
wear and tear. Greater Naples will assume all cost for utilities, telephone service, cable and
internet service.
11. INSURANCE: Greater Naples shall at its own expense, carry and maintain insurance
coverage through the County or from responsible companies duly authorized to do business in
the State of Florida as follows:
17.
a) Workers' Compensation limits shall be on a statutory basis in accordance with Florida it
Statutes. Chapter 440. Workers' Compensation coverage shall be extended to include coverage Q
for claims under the United States Longshoreman and Harbor Workers Act. Policy must include
Employers Liability coverage with a limit of not less than $1.000.000 each accident. o
b) Commercial General Liability - Bodily Injury and Property Damage - $1,000,000 per
occurrence. Personal Injury - $1.000.000 per occurrence: Products/Completed Operations
Annual Aggregate - $2,000.000: General Aggregate for all claims - $2,000,000.
c) Automobile Liability and Physical Damage - Combined Single Limit $1,000,000 per
occurrence for bodily injury and property damage. Comprehensive and Collision coverage shall ;4
be maintained on all vehicles. Vehicles valued over$50.000 shall be insured on an agreed value.
c
e) Maritime Employer's Liability/Watercraft Liability including Protection and
Indemnity and Hull Insurance - Coverage shall be purchased on watercraft. Maritime
Employer's Liability in an amount of not less than$1,000,000 per occurrence including coverage Q
for captain and crew members. Or equivalent named coverage that covers the watercraft and
liability. Hull Insurance shall be purchased to cover damage to the vessel(s) on a full
replacement cost basis.
f) Property Insurance - Coverage shall be maintained on real and personal property
incorporated as part of this agreement. The property insurance obtained by Greater Naples shall,
at a minimum, insure against perils on an All Risks of Loss basis. Valuation shall be on a
replacement cost basis.
g) Flood Insurance - Flood insurance shall be maintained on real and personal property
incorporated as part of this agreement. Limits shall be purchased for the full value of said
property.
h) The Collier County Board of Commissioners shall be named as the Certificate Holder.
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11.B.a
i) The Collier County Board of Commissioners shall be named as additional insured on
the Greater Naples Commercial General Liability Policy.
j) The Collier County Board of Commissioners shall be named as a Loss Payee on the
Automobile Physical Damage and Property Insurance policies.
k) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements
or their equivalents. If Greater Naples has any self-insured retentions or deductibles under any
of the required coverage, Greater Naples must identify on the Certificate of Insurance the nature
and amount of such self- insured retentions or deductibles and provide satisfactory evidence of
financial responsibility for such obligations. All self-insured retentions or deductibles will be
Greater Naples's sole responsibility.
I) Coverage shall be maintained without interruption from the date of commencement of
the Agreement until the date of completion or as specified in this Agreement. whichever is i
longer. Should at any time Greater Naples not maintain the insurance coverage required herein, a
the County may terminate the Agreement or at its sole discretion shall be authorized to purchase 0
such coverage and charge Greater Naples for coverage purchased. If Greater Naples fails to p
reimburse the County for such costs within thirty (30) days after demand,the County has the
right to offset these costs from any amount due Greater Naples under this Agreement.
m) Greater Naples and/or its insurance carrier(s) shall provide 45 days written notice to
the County of any policy cancellation or non-renewal on the part of the insurance carrier or a>
Greater Naples. Greater Naples shall also notify the County, in a like manner, within twenty- c
four(24) hours after receipt, of any notices of expiration, cancellation,non-renewal or material Q
change in coverages or limits received by Greater Naples from its insurer and nothing contained Zi
herein shall relieve Greater Naples of this requirement to provide notice. In the event of a a
reduction in the aggregate limit of any policy to be provided by Greater Naples hereunder, E
Greater Naples shall immediately take steps to have the aggregate limit reinstated to the full 0
extent permitted under such policy. If the initial or any subsequently issued Certificate of Q
Insurance expires prior to the completion of the Work or termination of this Agreement, Greater
Naples shall furnish to the County, renewal or replacement Certificate(s) of Insurance not later
than ten (10) calendar days after to the date of their expiration. Failure of Greater Naples to
provide the County with such renewal certificate(s) shall be considered justification for the
County to terminate this Agreement.
n) To the extent permitted by law and as limited by and pursuant to the provisions of
Florida Statutes, Section 768.28 Greater Naples and County agree to hold harmless the other,
employees and agents against any and all claims and/or damages by or behalf of any persons,
employee or legal entity arising from their respective negligent acts pursuant to this agreement
that allows employees of the other to occupy and ride in each other's vehicles. Nothing is
intended to alter either party's immunity in tort or otherwise impose liability on Greater Naples
or the County when it would not otherwise be responsible.
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11.B.a
o) Greater Naples shall make available to the County,through its records or the records
of their insurer, information regarding a specific claim. Any loss run information available from
Greater Naples or their insurer will be made available to the County upon its request.
12. COOPERATION WITH PUBLIC UTILITIES. Greater Naples will cooperate
with Port of the Islands CID and Everglades City. GNFD shall not assume ownership of any
existing fire hydrants.
13. RESOLUTION OF CONFLICTS: The County Manager and the Greater Naples
Fire Chief will amicably attempt to resolve any conflicts that arise out of this Agreement. For any
item that cannot be amicably resolved. the issue will be brought to the Board of County
Commissioners for a duly noticed public hearing. Should the matter not be resolved to both party's
satisfaction,then unless the parties agree to a different form of dispute resolution,either party may
file an action in the Circuit Court of Collier County to enforce the terms of this Agreement, said
remedy being cumulative with any and all other remedies available to the parties for the
enforcement of this Agreement. a)
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14. TERMINATION OF AGREEMENT: This Agreement is intended to be an interim a
relationship pending the successful consolidation of the Ochopee Fire Control District into Greater
Naples. Until the local legislative delegation accepts a consolidation bill to be presented to the o
legislature, either party may freely terminate this Agreement on 90 day's written notice to the ••
other. Following receipt of such notice, the parties will cooperate with one another to ensure an
orderly transition of the Ochopee Fire Control District back to County control and management,
and Greater Naples will continue to operate the Ochopee Fire Control District under the terms of
this Agreement until a final turnover date is set by the Board of County Commissioners. Payment
to Greater Naples for this period shall be based on the monthly prorated amount that would
otherwise be due under paragraph 2 above. Should the County wish to terminate this agreement cts
for any reason other than failure to achieve approval of the electors after that time.the County will
reimburse Greater Naples for any outside legal expense associated with the preparation of the
consolidation bill. �
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Standard Form Legal Provisions
15. In the event state or federal laws are enacted after the execution of this Agreement,
which are applicable to and preclude in whole or in part the parties' compliance with the terms of
this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to
comply with such laws, in a manner which best reflects the intent of this Agreement.
16. This is the entire agreement between the parties with respect to the matters set forth
herein, and any prior agreements or understandings of any kind are hereby merged and integrated
herein. This Agreement can only be amended by mutual written consent of the parties. All notices
and other communications required or permitted hereunder shall be in writing and shall be sent by
Certified Mail,return receipt requested, or by a nationally recognized overnight delivery service, and
addressed as follows:
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11.B.a
As to County: County Manager
Harmon Turner Building
3299 East Tamiami Trail, Suite 200
Naples, Florida 34112
With copy to: County Attorney
Harmon Turner Building
3299 East Tamiami Trail, Suite 800
Naples, FL 34112
As to Greater Naples: Greater Naples Fire Commission Chair
Greater Naples Fire Rescue
14575 Collier Blvd.
Naples, Florida 34119
With copy to: Fire Chief 117
Greater Naples Fire Rescue iZ
14575 Collier Blvd. (2)
Naples. Florida 34119
0
Notice shall be deemed to have been given on the next successive business day to the date of
the courier waybill if sent by nationally recognized overnight delivery service.
17. This Agreement shall be recorded by the County in the Official Records of Collier
County, Florida, within fourteen (14) days after the County enters into this Agreement. The c
County shall provide a copy of the recorded document to Greater Naples.
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11.B.a
IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be
executed by their appropriate officials, as of the date first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Donna Fiala
CHAIR
WITNESSES: GREATER NAPLES FIRE
RESCUE DISTRICT
o.. - By: I A -Pc,
SignaT e 3E ' rt ACHAU/0
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(7:511--1c) 0
PriuteoLName
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Signature
Si`Ict 11')
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Printed Name
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Approved as to form and legality:
4E;
Jeffrey A. Klatzkow
County Attorney
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11.B.b
INTERLOCAL AGREEMENT FOR FIRE AND RESCUE SERVICES
BY AND BETWEEN
COLLIER COUNTY AND GREATER NAPLES FIRE RESCUE DISTRICT
This Interlocal Agreement,made and entered into this day of ,2016,by
and between the Board of County Commissioners of Collier County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as the "County"), and the Greater
Naples Fire Rescue District, an Independent Special District created under Chapter 2014-240,
Laws of Florida, and operated pursuant to Chapter 191, Florida Statutes (hereinafter referred to
as"Greater Naples").
RECITALS:
WHEREAS,by Ordinance No. 78-49, as subsequently amended, the County created the
Ochopee Municipal Fire Services Taxing District (hereinafter referred to as the "Ochopee Fire
Control District"),"for the purpose of providing,equipping,operating, and maintaining a rescue
and fire department within the district; to buy, lease, sell, exchange or otherwise acquire, hold o
and dispose of equipment and other personal or real property and to provide an adequate water .c
supply for fire prevention and protection purposes; to employ and discharge employees and
O
authorize them to enter upon private and public property at reasonable times to inspect, combat
and investigate possible and actual fire hazards and occurrences; to promulgate rules and
regulations for the prevention and control of fire and to otherwise protect persons and property cn
within the district;"and
m
WHEREAS, the parties intend to consolidate the Ochopee Fire Control District into
a)
Greater Naples,which would ultimately require appropriate action by the Florida Legislature and
approval at referendum of the qualified electors within the Ochopee Fire Control District;and .c
WHEREAS,as an interim measure,until action can be taken by the Florida Legislature,
the County would like Greater Naples to manage the Ochopee Fire Control District including its
fire station ("Fire Stations 60, 61, 63, and 66") on behalf of its governing body, the Board of
County Commissioners, which Greater Naples is willing to do, pursuant to and in accordance E
with the terms of this Interlocal Agreement;and
ca
WHEREAS, the Interlocal Cooperation Act of 1969 set forth in Chapter 163, Florida
Statutes, authorizes the joint exercise of any power, privilege or authority which the public
agencies involved might separately exercise.
WITNESSETH:
NOW, THEREFORE, in accordance with the mutual covenants contained herein, the
parties agree as follows:
1. TERM OF AGREEMENT: This Agreement shall commence on
January 1. 2017, and will terminate on September 30. 2019. c • . )f three (3}
years en41 g-cur subject to the early termination provision
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11.B.b
provided below in numbered paragraph 14, during- which time Greater Naples will initiate
legislative action to annex the Ochopee Fire Control District. Ther after,this Agreement will be
. - - _ . - •a --s, unless either
party-desswes-to tettminate this agreeme.it in the manner set-forth-bele-w,=
2. TERMS OF PAYMENT: The County will set the annual millage rate for the Ochopee Fire
Control District at 4.5 mills for the first and second year of this agreement. The third year under
the agreement, assuming the loan to Collier County is paid in full, the millage rate will be
reduced to 4.0 mills, if the loan to Collier County is not paid in full, the millage will remain at
4.5 mils. The County will pay Greater Naples in monthly installments the amount that is
collected from this MSTU net of costs required to be paid to the property appraiser,tax collector
as well as any other associated fees and costs.
Prior to the receipt of ad valorem property tax revenue,which generally does not post until late
November,the County will pay to Greater Naples on or about October 1st,a sum equal to two twelve's
(2/12)of 95%of ad valorem proceeds budgeted(for example;based upon the July 2016 tentative budget
totals the payment would be approximately $316,000233,500). Thereafter monthly beginning with the d
December posting, the County will pay to Greater Naples the exact amount of ad valorem proceeds 0
posted until the last monthly posting(generally in June or July). In August,after the last ad valorem tax
receipt is posted,the County will pay to Greater Naples a true up amount which is defined as the total 0
amount of ad valorem proceeds posted to the County's accounting system less the amount paid. In no ••
instance will the amount of ad valorem proceeds paid to Greater Naples exceed the amount of ad valorem
revenue posted in the County's accounting system.
Collier County will pay in the first quarter of the fiscal year to Greater Naples for the length of 00
the agreement in declining increments of 100%in FY17,75%in FY 18.and 50%in FY19 of the revenue C
amount budgeted as"Transfer from 001 General fund''-Lin theconsi;tent with the FY17 approved budget d
figure in the amount of 5'%565,100. During subsequent years of the agrecm . _ • . s
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ca
At year end,other eligible, appropriate and legally available non ad valorem revenue posted to
the accounting system such as Impact fees, Inspection fees,and Excess fees returned from the property
appraise and tax collector,etc.,will be paid to greater Naples with the explicit understanding that the year a>
ending case balance will not drop below 110°x, of the amount needed to fund the next year s initial E
pavment installment which is due on or about October 12'.the andi-ted- tmnt as of Sep-ten-her 30,2044. Formatted:Superscript c�
In the event of an approved and authorized full annexation,the audited financial reserves,if any, ......
shall be remitted to Greater Naples.
FDOT Station 63 Funding: Collier County will. in accordance with Section 141-1 of the
Interlocal Agreement with Florida Department of Transportation (FDOT). assign the funding
agreement to Greater Naples. Greater Naples will be responsible for complying with and
monitoring the terms and conditions of the-maintain the current contract with FDOT for funding.
Greater Naples will Orrice Collier County ntm'' for--the aetna-( costs; incurred specific to,
Station 63,as-pestle terms of the 1- ' - , . cinlburs. Greater Naple.
month '
Collier County and Greater Naples will work cooperatively with FDOT to establish
permanent funding for said station. Specifically. no later than October 1.2017. Greater Naples.
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11.B.b
working with County staff, will draft and present to the Collier County State legislative
delegation.a proposed bill or other legislative remedy to secure permanent state funding for the
MM63 public safety station and lobby the Legislature for approval.
3. SERVICE LEVEL: Greater Naples will provide the Ochopee Fire Control District
with the current level of fire protection and rescue services that Ochopee Fire Control District
provides its residents. Greater Naples strives to meet a standard of three personnel per station.
All decisions on staffing and equipment will be made by Greater Naples. Fire protection and
rescue services provided by Greater Naples will include all emergency and non-emergency
services normally performed by Greater Naples, including all those services required by law.
This Agreement does not alter any Mutual Aid or other agreement between the parties. Service
levels will include,at a minimum,the following:
• Up to of three firefighters,but a minimum of two(1 lieutenant, 1 driver/engineer,
1 firefighter) assigned to one (1) Class-A fire apparatus, 24 hours each day
stationed at Isles of Capri Fire Station, which station shall at all times remain a>
open,operational,and fully staffed with no"brown out"shifts
0
• Marine capability as currently provided -e
• Fire prevention and investigative services O
• Fire inspections and new occupancy inspections
• On-duty Shift Commander available at all times
• Reserve fire engine available when necessary
• Other apparatus(brush attack,air trucks and squads)available as needed CO
• Preparation and coordination of emergency preparedness activities
a>
4. ADMINISTRATION AND RECORDS MANAGEMENT: Greater Naples will
provide all required administrative and support services, and will provide statistical and data 0
is
analysis to the County upon request. Greater Naples will be responsible for all personnel Q
administration, which includes at a minimum, hiring, promotions, disciplinary action up to and ,.
including termination, planning, organizing, directing, and coordinating the work of all
personnel,and developing and implementing training programs.
5. PUBLIC RELATIONS AND OTHER SERVICES: The Greater Naples Fire Chief c.)
or designee will prepare the agenda for and attend Ochopee Fire Advisory Committee meetings;
will liaison with outside agencies,the media and the public;when requested will provide activity
reports to the County Manager; and will provide any information requested by the Board of
County Commissioners.
6. PERSONNEL: All services provided under this Agreement will be under the
supervision of Greater Naples and will be performed by employees of Greater Naples. Prior to
the effective date of this agreement, Greater Naples will initiate the hiring process to ensure
current Ochopee Fire Control District employees are processed so as to begin employment with
Greater Naples upon the effective date of this agreement. Upon the effective date of the
agreement, all permanent Union employees of Ochopee Fire Control District will be transferred
to Greater Naples in accordance with Local 2396 Collective Bargaining Agreement(CBA). Non
bargaining employees will be covered by the GNFD Employee Handbook. The terms of
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11.B.b
employment and accrued vacation leave balance and up to 144 hours of accrued sick leave shall
be carried over. There will be no negative impact on their compensation,assignment or position,
longevity and seniority. Should this agreement terminate without a consolidation with or
annexation into the Greater Naples Fire District, the County will re-hire these same employees
under the same conditions:
a. Assuming those employees have been continuously employed by Greater Naples
since the effective date of this agreement;
b. That there have been no adverse personnel events that would prevent rehire by the
County;and
c. Subject to any rights under existing collective bargaining agreements at the time
of rehire.
For the first year of this agreement, to assist with continuity and a smooth transition,
Greater Naples will endeavor to retain current Ochopee Fire Control District staff at the Ochopee j
Fire Stations subject to operational needs of the District.
Q
7. OWNERSHIP OF VEHICLES,FACILITIES AND EQUIPMENT: An inventory
and inspection of all supplies, vehicles and equipment located within the Ochopee Fire Stations ca
or otherwise owned by the district will be jointly conducted prior to the effective date of this
agreement and a report of same compiled and accepted by both parties. It is expressly
understood and agreed by the Parties that the title to these supplies,vehicles and equipment will os
remain the property of the County, and the Greater Naples agrees not to lease, loan,sell, sublet,
assign or mortgage any item on this Inventory Report, or the Fire Station itself, without the tb
County's prior written consent. In the event of an approved and authorized full annexation,the
equipment, inventory and all assets listed in the Exhibit attached hereto shall become the
property of Greater Naples. All existing supplies and equipment are to be used to perform the
services included herein and must remain accountable within the Greater Naples and Ochopee css
Fire Districts unless being maintained or repaired. In addition:
a) The County reserves the right to station a Collier County EMS ambulance and
personnel and equipment at the Ochopee Fire Station at the current budgeted rate.
b) The County shall conduct a biennial physical inspection, to commence from the
effective date of this Agreement, to ensure that vehicles, facilities, and equipment are properly
maintained in accordance with the requirements of this Agreement. The County shall provide
Greater Naples with 72-hour notice of a planned inspection.
c) For any non-routine, single Capital expense exceeding $5,000 related to the
equipment,vehicles,and inventory items referenced in paragraphs 7 and 10,Greater Naples may
request financial assistance from the County.
8. VEHICLE MAINTENANCE: Greater Naples shall repair and maintain at its sole
cost and expense all vehicles identified in the Inventory Report in first-class condition and repair
in accordance with the vehicle manufacturer's warranty and maintenance guidelines, Florida
Administrative Code Chapter 14-90 Safety Rules, as amended, and all NFPA required testing,
maintenance,practices and procedures. Greater Naples shall maintain a complete and accurate
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11.B.b
record with respect to vehicle maintenance and repairs and shall forward a copy of this record to
the County Manager on request.
9. RETURN OF VEHICLE: If termination of this Agreement occurs prior to the full
consolidation of the Ochopee Fire District, Greater Naples shall return all vehicles identified in
the Inventory Report to the County in the same condition in which they were received by Greater
Naples, ordinary wear and tear and natural depreciation excepted. Tires shall be in good
condition with a minimum average of no less than 7/32"tread remaining.
10. EQUIPMENT AND FACILITIES MAINTENANCE: Greater Naples will
maintain all equipment, grounds and facilities (including, if applicable,the boat and boat dock)
in the condition in which it was received at the time this Agreement becomes effective less
normal wear and tear. Greater Naples will assume all cost for utilities,telephone service, cable
and internet service.
ai
11. INSURANCE: Greater Naples shall at its own expense, carry and maintain
insurance coverage through the County or from responsible companies duly authorized to do d
business in the State of Florida as follows: Q-
0
.c
a) Workers' Compensation limits shall be on a statutory basis in accordance with Florida
Statutes, Chapter 440. Workers' Compensation coverage shall be extended to include coverage
for claims under the United States Longshoreman and Harbor Workers Act. Policy must include ti
Employers Liability coverage with a limit of not less than$1,000,000 each accident.
b) Commercial General Liability-Bodily Injury and Property Damage-$1,000,000 per CO
occurrence. Personal Injury - $1,000,000 per occurrence; Products/Completed Operations c
Annual Aggregate-$2,000,000;General Aggregate for all claims-$2,000,000.
t
c) Automobile Liability and Physical Damage -Combined Single Limit$1,000,000 per R
occurrence for bodily injury and property damage. Comprehensive and Collision coverage shall Q
be maintained on all vehicles. Vehicles valued over$50,000 shall be insured on an agreed value. •,
e) Maritime Employer's Liability/Watercraft Liability including Protection and m
Indemnity and Hull Insurance - Coverage shall be purchased on watercraft. Maritime
Employer's Liability in an amount of not less than$1,000,000 per occurrence including coverage as
for captain and crew members. Hull Insurance shall be purchased to cover damage to the Q
vessel(s)on a full replacement cost basis.
f) Property Insurance - Coverage shall be maintained on real and personal property
incorporated as part of this agreement. The property insurance obtained by Greater Naples shall,
at a minimum, insure against perils on an All Risks of Loss basis. Valuation shall be on a
replacement cost basis.
g) Flood Insurance - Flood insurance shall be maintained on real and personal property
incorporated as part of this agreement. Limits shall be purchased for the full value of said
property.
h) The Collier County Board of Commissioners shall be named as the Certificate Holder.
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11.B.b
i) The Collier County Board of Commissioners shall be named as additional insured on
the Greater Naples Commercial General Liability Policy.
j) The Collier County Board of Commissioners shall be named as a Loss Payee on the
Automobile Physical Damage and Property Insurance policies.
k) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office(ISO)forms and endorsements
or their equivalents. If Greater Naples has any self-insured retentions or deductibles under any
of the required coverage, Greater Naples must identify on the Certificate of Insurance the nature
and amount of such self- insured retentions or deductibles and provide satisfactory evidence of
financial responsibility for such obligations. All self-insured retentions or deductibles will be
Greater Naples's sole responsibility.
U-
1) Coverage shall be maintained without interruption from the date of commencement of a>
the Agreement until the date of completion or as specified in this Agreement, whichever is Q
longer. Should at any time Greater Naples not maintain the insurance coverage required herein, .c
the County may terminate the Agreement or at its sole discretion shall be authorized to purchase
such coverage and charge Greater Naples for coverage purchased. If Greater Naples fails to
reimburse the County for such costs within thirty (30) days after demand, the County has the
right to offset these costs from any amount due Greater Naples under this Agreement. o�
m) Greater Naples and/or its insurance carrier(s)shall provide 45 days written notice to 03
the County of any policy cancellation or non-renewal on the part of the insurance carrier or c
Greater Naples. Greater Naples shall also notify the County, in a like manner, within twenty-
four(24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material �c
change in coverages or limits received by Greater Naples from its insurer and nothing contained ca
herein shall relieve Greater Naples of this requirement to provide notice. In the event of a Q
reduction in the aggregate limit of any policy to be provided by Greater Naples hereunder, +;
Greater Naples shall immediately take steps to have the aggregate limit reinstated to the full
a)
extent permitted under such policy. If the initial or any subsequently issued Certificate of E
Insurance expires prior to the completion of the Work or termination of this Agreement, Greater -c
Naples shall furnish to the County, renewal or replacement Certificate(s) of Insurance not later ccs
than ten (10) calendar days after to the date of their expiration. Failure of Greater Naples to Q
provide the County with such renewal certificate(s) shall be considered justification for the
County to terminate this Agreement.
n) To the extent permitted by law and as limited by and pursuant to the provisions of
Florida Statutes, Section 768.28 Greater Naples and County agree to hold harmless the other,
employees and agents against any and all claims and/or damages by or behalf of any persons,
employee or legal entity arising from their respective negligent acts pursuant to this agreement
that allows employees of the other to occupy and ride in each other's vehicles. Nothing is
intended to alter either party's immunity in tort or otherwise impose liability on Greater Naples
or the County when it would not otherwise be responsible.
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11.B.b
o) Greater Naples shall make available to the County, through its records or the records
of their insurer,information regarding a specific claim. Any loss run information available from
Greater Naples or their insurer will be made available to the County upon its request.
12. COOPERATION WITH PUBLIC UTILITIES. Greater Naples will cooperate
with Port of the Islands CID and Everglade City. GNFD shall not assume ownership of any
existing fire hydrants.
13. RESOLUTION OF CONFLICTS: The County Manager and the Greater Naples
Fire Chief will amicably attempt to resolve any conflicts that arise out of this Agreement. For
any item that cannot be amicably resolved, the issue will be brought to the Board of County
Commissioners for a duly noticed public hearing. Should the matter not be resolved to both
party's satisfaction, then unless the parties agree to a different form of dispute resolution, either
party may file an action in the Circuit Court of Collier County to enforce the terms of this �+
Agreement, said remedy being cumulative with any and all other remedies available to the u.
parties for the enforcement of this Agreement. m
14. TERMINATION OF AGREEMENT:This Agreement is intended to be an interim .0
relationship pending the successful consolidation of the Ochopee Fire Control District into
Greater Naples. Until the local legislative delegation accepts a consolidation bill to be presented
to the legislature,either party may freely terminate this Agreement on 90 day's written notice to
the other. Following receipt of such notice,the parties will cooperate with one another to ensure
an orderly transition of the Ochopee Fire Control District back to County control and
management, and Greater Naples will continue to operate the Ochopee Fire Control District CO
under the terms of this Agreement until a final turnover date is set by the Board of County
Commissioners. Payment to Greater Naples for this period shall be based on the monthly
prorated amount that would otherwise be due under paragraph 2 above. Should the County wish
to terminate this agreement for any reason other than failure to achieve approval of the electors
after that time, the County will reimburse Greater Naples for any outside legal expense
associated with the preparation of the consolidation bill. .«;
m
Standard Form Legal Provisions t
15. In the event state or federal laws are enacted after the execution of this
Agreement,which are applicable to and preclude in whole or in part the parties'compliance with
the terms of this Agreement,then in such event this Agreement shall be modified or revoked as
is necessary to comply with such laws, in a manner which best reflects the intent of this
Agreement.
16. This is the entire agreement between the parties with respect to the matters set
forth herein, and any prior agreements or understandings of any kind are hereby merged and
integrated herein.This Agreement can only be amended by mutual written consent of the parties.
All notices and other communications required or permitted hereunder shall be in writing and shall
be sent by Certified Mail,return receipt requested,or by a nationally recognized overnight delivery
service,and addressed as follows:
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11.B.b
As to County: County Manager
Harmon Turner Building
3299 East Tamiami Trail,Suite 200
Naples,Florida 34112
With copy to: County Attorney
Harmon Turner Building
3299 East Tamiami Trail,Suite 800
Naples,FL 34112
As to Greater Naples: Greater Naples Fire Commission Chairman
Greater Naples Fire Rescue
14575 Collier Blvd.
Naples,Florida 34119
With copy to: Fire Chief
Greater Naples Fire Rescue
s
14575 Collier Blvd.
Naples,Florida 34119
N.
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Notice shall be deemed to have been given on the next successive business day to the date of
the courier waybill if sent by nationally recognized overnight delivery service. c0
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17. This Agreement shall be recorded by the County in the Official Records of Collier
County, Florida, within fourteen (14) days after the County enters into this Agreement. The .c
County shall provide a copy of the recorded document to Greater Naples. at
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ID
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11.B.b
IN WITNESS WHEREOF,the parties hereto have caused this Interlocal Agreement to be
executed by their appropriate officials,as of the date first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK,Clerk COLLIER COUNTY,FLORIDA
By: By:
,Deputy Clerk Donna Fiala
CHAIR
WITNESSES: GREATER NAPLES FIRE
RESCUE DISTRICT
U-
By:
Signature Jeff Page,CHAIR Q.
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Printed Name p
Nztti
Signature rny
Printed Name CO
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Approved as to form and legality:
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Jeffrey A.Klatzkow
County Attorney
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11.B.c
Financial Management No.435389-1-94-01
CSFA No.55.036
Contract No.
INTERLOCAL AGREEMENT
This Memorandum of Agreement is entered into the t � day of /}. , 2014
("Effective Date"), between the BOARD OF COUNTY COMMISSIONERS OF COLLIER 2
COUNTY, FLORIDA, a political subdivision of the State of Florida (the "County") and THE p
FLORIDA DEPARTMENT OF TRANSPORTATION ("DEPARTMENT") (collectively, the
"Parties" and each a"Party").
RECITALS
A. The County provides fire, rescue and emergency management services along Alligator
Alley through its dependent Fire District, the Ochopee Fire Control and Rescue District and the
County's Emergency Medical Services. The parties are authorized to enter into this Agreement
pursuant to Section 163.01, Florida Statutes and Section 338.26(3), Florida Statutes. Each of the
Parties is a "public agency" as defined in Section 163.01, Florida Statutes. The County by
Resolution, a copy of which is attached to and incorporated into this agreement as Exhibit "D" is
authorized to enter into this Agreement.
a)
13. The 2011 Florida Legislature amended Section 338.26(3), Florida Statutes to provide a E
conditional funding source to develop and operate a fire station at the DEPARTMENT'S Mile
Marker 63 Rest Area ("the Fire Station") on Alligator Alley in Collier County, Florida. The
amendment authorizes the use of fees generated from tolls on Alligator Alley, after the payment N
of certain other expenses and costs, to develop and operate the Fire Station to provide fire, rescue
and emergency management services to the adjacent counties along Alligator Alley. Section
338.26(3),(2013) Florida Statutes, states:
a)
Fees generated from tolls shall be deposited in the State a
Transportation Trust Fund, and any amount of funds generated a
annually in excess of that required to reimburse outstanding
contractual obligations, to operate and maintain the highway and
toll facilities, including reconstruction and restoration, to pay for
those projects that are funded with Alligator Alley toll revenues
and that are contained in the 1993-1994 adopted work program or
the 1994-1995 tentative work program submitted to the Legislature E
on February 22, 1994, and to develop and operate a fire station at
Department-Collier County Interlocal Agreement
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11.B.c
mile marker 63 on Alligator Alley to provide fire, 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. In 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 it
DEPARTMENT's rest area at Mile Marker 63. Work began on the contract on December 5,
o.
2012. The construction of the Fire Station is close to being finished.
0
D. The DEPARTMENT and the County disagree on the meaning of the 2011
ti
amendment, the costs that the amendment authorizes the DEPARTMENT to pay, and the
DEPARTMENT'S authority to utilize State Transportation Trust Fund revenues for the
provision of public safety services.
E
E. The Department intends to continue to seek legislative clarification of the meaning of
the amendment. In anticipation of receiving such clarification, the DEPARTMENT is willing to
fund the Fire Station, from lawfully available excess Alligator Alley toll revenues, as more
specifically provided herein, and in accordance with the requirements of the Resolution of the i'2
Division of Bond Finance of the State Board of Administration adopted December 10, 1996, asca
such Resolution may be amended or supplemented from time to time (the "Resolution"), under
which Bonds (as that term is defined in the Resolution) have been issued and are payable from 0
the revenues of Alligator Alley ("Lawfully Available Revenues"), certain costs of the County
anticipated to be incurred for personnel, equipment, and other expenses associated with the
County's public safety operations based at the Fire Station.
N
AGREEMENT an
THE PARTIES HEREBY AGREE AS FOLLOWS:
a>
SECTION 1. RECITALS a)
a)
ar
The recitals above are incorporated in this Agreement. Ta
SECTION 2. PURPOSE. a;
The Purpose of this Agreement is to provide the terms and conditions under which the
DEPARTMENT will provide funding to the County for the County's expenses in purchasing E
Department-Collier County Interlocal Agreement
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11.B.c
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) from July 1, 2014 through no later than June 30, 2018 unless earlier terminated
as provided below (the "Term"). In connection with this Agreement, the parties will enter into a u
long term public purpose lease (the "Air Space Agreement") a copy of which is attached as a
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 the Fire Station after the expiration of
0
this Agreement. ..
SECTION 4. DUTIES OF DEPARTMENT. cs)
During the Term of this Agreement, the DEPARTMENT shall, contingent on legislative
appropriation and the availability of Lawfully Available Revenues: a
ar
ea
A. Complete construction of the Fire Station, including basic furnishings, fixtures and
equipment as outlined in the capital (one time) purchases in Exhibit "B" located at Mile y
Marker 63 on I-75, Alligator Alley, Collier County, Florida, for the exclusive use of the
County for the duration of this Agreement and pursuant to the Air Space Agreement. The
County may, at the discretion of the County Director of Emergency Services, extend the tc
use of the Fire Station to other State and County First Responder Agencies for satellite
office space or itinerate public safety vehicle parking, as permitted under the Air Space
Agreement.
0
B. Provide water, sewer and trash services at the Fire Station, subject to the terms of the Air
Space Agreement.
2
C. Provide exterior maintenance at the Fire Station, including but not limited to:
landscaping, mowing, tree trimming, litter management, painting and driveway
maintenance, subject to the terms of the Air Space Agreement.
a1
D. Provide interior maintenance at the Fire Station, including but not limited to: water,
sewer, and plumbing without charge to the County, subject to the terms of the Air Space
Agreement.
E. Provide routine, preventative maintenance and repair of the Fire Station's standby
generator, without charge to the County, subject to the terms of the Air Space Agreement.
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Department- Collier County Interlocal Agreement
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11.B.c
F. Provide technical and minor construction assistance, as may be required, to locate non-
potable water sources adjacent to the Fire Station required for filling firefighting water
tanks on fire apparatus.
G. Provide communication equipment and/or two-way radio linkages between the assigned
Road Ranger(s), assigned asset management organization(s), Florida Highway Patrol and
nearby toll gates on Alligator Alley, using the State Law Enforcement Radio System
(SLERS) without charge to the County.
m
H. Meet with the County/Ochopee Fire Control and Rescue District at least quarterly to 0
discuss any issues concerning- the state of repair of the Fire Station and to coordinate any
necessary repairs in a timely manner. 0
ti
I. Cooperate in the implementation of any security systems including but not limited to
access controls, closed circuit television security systems, weather reporting systems,
traffic management cameras for emergency response coordination and other building
automation that may be needed via the internet or other communication systems.
L
J. 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 County so that it can
adequately plan and anticipate the necessary resources to address service levels for land
search and rescue, water search and rescue, missing persons, wildfires and other '�
emergency situations.
-a
K. The 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 of County Commissioners.
N
N
SECTION 5. DUTIES OF THE COUNTY. 2
The County shall have and perform the following duties, obligations and responsibilities:
A. Avoid, mitigate 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 will not impair the full use and safety of Alligator Alley. �,
B. Provide the following general services at the Fire Station: fire protection, rescue, first
response advance life support emergency medical response services and fire prevention E
services.
IS
Department-Collier County Interlocal Agreement
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11.B.c
C. Provide a phased approach to hiring, training and supplying manpower 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 County estimates that
the Fire Station will be fully staffed, equipped and otherwise operational no earlier than
October 1, 2014.
D. Support existing response operations to Alligator Alley until the Fire Station is
constructed and ready for occupancy. a)
E. Provide the expertise to specify the apparatus and procure through competitive p
solicitations the acquisition of fire trucks, rescue vehicles, support vehicles, and other
emergency response assets, supplies, disposable items and safety resources determined
necessary to be procured from 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- E
way radios, mobile and Public Safety Station computers, off-road vehicles, support
vehicles, supply trailers for major responses, water rescue resources, land rescue o
resources, gps devices, furniture, fixtures and equipment, including but not limited to,
cts
computer monitors, televisions, telephones, data, cable, aircraft grade weather
instrumentation and satellite communicates devices at the Fire Station.
0
F. Provide the necessary property, pollution and liability insurance on all fire trucks,
apparatus, rescue vehicles, support vehicles, and other emergency response assets and
safety resources utilized in the operations at the Fire Station.
G. Provide reasonable accommodations for satellite office space and emergency shelter for o
Florida Highway Patrol Officers, Collier County Sheriff's Officers and State Road `"
Rangers. >,
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2
H. Provide an 800 MHz 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.
I. Provide fire-rescues services in support of vehicle accidents, hazardous materials a
response, vehicle extrication, dive-rescue support, car fire and adjacent wildfire and 0
wild-land fire-fighting 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 v
through existing or future mutual aid agreements with the Ochopee Fire Control and
Department-Collier County Interlocal Agreement
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11.B.c
Rescue District, as a dependent district of the County, as County deems it necessary to
fulfill its obligations under this Agreement consistent with normal fire operations.
K. Provide County Emergency Medical Services Personnel to supply, at a minimum, the
following Advanced Life Support services originating at the Fire Station :
L
(i) One fully trained advanced life support paramedic per shift capable of
supporting on-scene emergency medical care as well as being part of any
necessary fire-fighting team. The assigned paramedic will be fully
equipped with a complement of drugs, automated external defibrillator, o
basic fire and rescue resources and a non-transport utility vehicle to allow
ti
for rapid response to single or concurrent emergency medical incidents.
(ii) At its discretion, the County may provide additional personnel for an on-
site transport crew 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 plantca
evacuations, Governor mandated interstate contra-flow and/or escalated
homeland security concerns. Q.
(iii) County will continue to provide its aero-medical flight services and
transport charges in accordance with its current operating manual, weather
minimums and Federal Aviation Administration protocols and guidance.
The County will maintain operational control of the adjacent helispot.
(iv) County will not be responsible for any ancillary duties related to the
management of gates, permits, visitor logs or related duties as it pertains to N
recreational access visitor information needs and recreational access a)
controls. ca
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a)
L. Provide all necessary training, supervision and leadership of County/Ochopee
Fire Control and Rescue District personnel to perform prompt and a
professional services out of the Fire Station pursuant to Exhibit"B." Fa
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SECTION 6. AUDITS AND MONITORING REQUIREMENTS. ;
A. The administration of resources awarded by the DEPARTMENT to the County
may be subject to audits and/or monitoring by the DEPARTMENT, as described in this section. E
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised,
Department-Collier County Interlocal Agreement
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11.B.c
and Section 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 any monitoring procedures/processes deemed appropriate by
the DEPARTMENT. In the event the DEPARTMENT 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 Chief it
Financial Officer (CFO) or Auditor General.
o.
B. The County, as a Iocal governmental entity as defined by Section 215.97(2)(j) o
Florida Statutes, is required to have audits performed annually using the following criteria:
ti
(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-specific audit for such fiscal year in accordance
with Section 215.97, Florida Statutes; applicable rules of the Executive Office of
the Governor and the CFO; and Chapters 10.550 (local government entities) or
10.650 (non-profit and for-profit organizations), Rules of the Auditor General.
EXHIBIT C to this agreement indicates state financial assistance awarded through0.
the DEPARTMENT by this agreement. In determining the state financial
assistance expended in its fiscal year, the County shall consider all sources of
state financial assistance received from the DEPARTMENT, other state agencies,
and other non-state entities. State financial 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 with the audit requirements, the County shall ensure 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 E
10.650 (non-profit and for-profit organizations), Rules of the Auditor General.
(iii) If the County expends less than $500,000 in state financial assistance in its fiscal Tts
year, an audit conducted in accordance with the provisions of Section 215.97, o
Florida Statutes, is not required. In the event that the County expends less than a;
$500,000 in state financial assistance in its fiscal year and elects to have an audit
conducted in accordance with the provisions of Section 215.97, Florida Statutes,
the cost of the audit must be paid from non-state entity's resources (i.e., the cost E
of such an audit must be paid from the County's resources obtained from other
Department-Collier County Interlocal Agreement
7
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11.B.c
than State entities).
(iv) State awards are to be identified using the Catalog of State Financial Assistance
(CSFA) title and number, award number and year, and name of the state agency
awarding it.
(v) The County shall follow up and take corrective action on audit findings.
Preparation of a summary schedule of prior year audit findings, including
corrective action and current status of the audit findings is required. Current year a
audit findings require corrective action and status of findings. 2
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(vi) Records related to unresolved audit findings, appeals, or litigation shall be
retained until the action is complete or the dispute is resolved. Access to project
records and audit work papers shall be given to the DEPARTMENT, the
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Comptroller, and the Auditor General. This section does not limit the authority of a
the DEPARTMENT to conduct or arrange for the conduct of additional audits or
evaluations of state financial assistance or limit the authority of any other state
official. m
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(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 with OMB Circular A-133, Florida Statutes, and Chapters 10.550
(local government entities) or 10.650 (non-profit or for-profit organizations), 73
Rules of the Auditor General, as applicable. The DEPARTMENT'S report
submission information is:
as
Electronic copy to: FDOTSin<gleAuditdot.state.11.us
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Mail: Florida Department of Transportation
Office of Comptroller
Single Audit Section, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
(viii) The County, when submitting financial reporting packages to the DEPARTMENT
for audits done in accordance with OMB Circular A-133 or Chapters 10.550 ,
(local government entities) or 10.650 (non-profit or for-profit organizations),
Rules of the Auditor General, should indicate the date that the reporting package
was delivered to the County in correspondence accompanying the reporting
package.
Y
Department-Collier County Interlocal Agreement
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(x) The County shall retain sufficient records demonstrating its compliance with the
terms of this Agreement for 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 General access to such records upon request. The Authority
shall ensure 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 writing by the DEPARTMENT. it
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SECTION 7. COMPLIANCE WITH LAWS. o
A. The County shall allow public access to all documents, papers, letters, or other
material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
Authority in conjunction with this Agreement. Failure by the County to grant such public access
shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT.
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B. The County shall comply with all federal, state and local laws and ordinances
applicable to the work or payment for work thereof. The County shall not discriminate on the
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grounds of race, color, religion, sex or national origin in the performance of work under this
Agreement. Q-
C. No funds received 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. FUNDING AND BUDGET PREPARATION. �a
2
A. The Fire Station will be staffed and operational in accordance with a phased
payment process by the DEPARTMENT in conjunction with the State's Fiscal Year (SFY)
calendar. The DEPARTMENT's funding for SFY 2013/14 has been amended to add funding for c
the purchase of equipment. The DEPARTMENT has included the funding in the tentative work c
program for SFY 2014/15, SFY 2015/16, SFY 2016/17 and SFY 2017/18. Funding is contingent o
upon an annual legislative appropriation. The County's duty to perform as set forth Section 5 is a;
subject to the Department timely providing the funds necessary to procure equipment and obtain
the staffing required to commence operations at the Fire Station.
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Department-Collier County Interlocal Agreement
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11.B.c
B. The County shall not enter into any agreement or contract related to Fire Station
operations that would result in an approved Budget category being exceeded by ten percent or
more 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 j
County, in writing, at least 30 days prior to July 1St for each subsequent year of the Agreement, a t'-
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price adjustment will be made based on the annual Consumer Price Index (CPI)published by the a
Bureau of Labor Statistics of the United States Department of Labor, which uses 1982-1984 as
the base, and is the annual average for all expenditure items for all urban consumers, U.S. city
average. The price adjustment, applied July 1 of every year, will be determined by taking the ti
ratio of the CPI from the prior calendar year (January through December) to the CPI of the
preceding calendar year. This indexing methodology is consistent with the way the Florida
Department of Transportation (FDOT) uses to adjust toll rates on the Turnpike System and other a
toll facilities owned by FDOT.
D. All funds advanced by the DEPARTMENT shall be separated by the County from
all other funds; and any interest earned shall be returned to the DEPARTMENT with the final
accounting of funds due for capital expenditures and the final accounting of operating expense at
the completion of the contract term of the agreement as appropriate and set forth in the following
sections.
a)
E. Subject to the terms of this Agreement, the DEPARTMENT will fund the County
for its direct actual capital costs an amount not to exceed $1,761,235.00, as outlined in Exhibit
CD
"B." 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 earned 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 DEPARTMENT will fund the County for its direct
actual costs of operating the fire station an amount each year not to exceed $1,498,100.00, as
outlined in Exhibit "B" 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 a;
will deduct the advance from 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 contract
ending. E
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Department-Collier County Interlocal Agreement
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11.B.c
G. Section 338.26(3), Florida Statutes provides a funding source to develop and
operate the Fire Station from 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 funds in the amount pursuant to law and the Resolution, at its
sole discretion.
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H. The County agrees to bear all expenses in excess of the DEPARTMENT's iZ
participation in this agreement. Travel costs will not be reimbursed.
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I. Invoices shall be submitted by the County in detail sufficient for a proper pre- p
audit and post audit thereof, based on the quantifiable, measurable and verifiable deliverables as r-
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established
-established in Exhibit "B." Deliverables must be received and accepted in writing by the
DEPARTMENT prior to reimbursements.
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J. Supporting 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 a,
detailed invoices, proof of payments, contracts or vouchers evidencing in proper detail the nature
and propriety of the charges.
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K. Records of costs incurred under the terms of this Agreement shall be maintained
and made available upon request to the DEPARTMENT at all times during the period of this a
Agreement and for five (5) years after final payment is made. Copies of these documents and
records shall be furnished to the DEPARTMENT upon request. Records of costs incurred
include the County's general accounting records and the Project records, together with supporting
documents and records, of the contractor and all subcontractors performing work on the project,
and all other records of the contractor and subcontractors considered necessary by the
DEPARTMENT for a proper audit of costs. Any discrepancies revealed by any such audit shall ca
be resolved by a corrected final billing from the County to the DEPARTMENT .
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L. In the event this Agreement is for services in excess of$25,000.00 and a term for
a period of more than one (1) year, the provisions of Section 339.135(6)(a), F.S., are
incorporated:
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"The Department, during any fiscal year, shall not expend money, incur any a;
liability, or enter into any contract which, by its terms, involves the expenditure of
money in excess of the amounts budgeted as available for expenditure during such
fiscal year. Any contract, verbal or written, made in violation of this subsection is E
null and void, and no money may be paid on such contract. The Department
caDepartment-Collier County Interlocal Agreement
11
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11.B.c
shall require a statement from the Comptroller of the Department that such funds
are available prior to entering into any such contract or other binding commitment
of funds. 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 excess of$25,000.00 and which have a
term for a period of more than 1 year." u_
a)
a.
M. The DEPARTMENT's obligation to pay is contingent upon an annual
appropriation by the 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 for the
Project, this Agreement may be terminated, which shall be effective upon the DEPARTMENT
giving notice of non-appropriation to the County.
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SECTION 9. INSURANCE. aa)
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a)
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 single limits while Q
occupying the Public Safety Station. In addition, County shall provide and maintain Worker's ;n
Compensation Insurance covering all its employees working at the Fire Station in amounts 7a.
consistent with the existing Statutory Limits in compliance with the applicable state and federal
laws. County shall also maintain standard fire and extended coverage insurance on its property
located on or in the Fire Station including, without limitation, furniture, equipment, personal
property and supplies, in an amount 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 performance under
duties at the Fire Station, each said policy in amounts of One Million and 00/100 Dollars a
($1,000,000.00) combined single limit per occurrence. E
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SECTION 10. OWNERSHIP. MAINTENANCE AND OPERATION. a)
a)
A. The Fire Station shall be owned by DEPARTMENT but shall be leased to the County
pursuant to the Airspace Agreement (Exhibit"A"). o
B. The County shall have the exclusive use of the Fire Station, subject to State or Local Law
Enforcement having the ability to station officers, agents or response teams (based on c
space and availability). E
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Department- Collier County Interlocal Agreement
12
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11.B.c
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 11. INDEMNIFICATION STATEMENT.
Each Party shall be liable for its own actions and negligence and, to the extent permitted
by law, County shall indemnify, defend and hold harmless DEPARTMENT against any actions,
claims and damages arising out of County's negligence in its performance of this Agreement, Q
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 p
Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity ti
beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to
constitute agreement by either Party to indemnify the other Party for such other Party's negligent
acts or omissions.
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SECTION 12. DEFAULT AND TERMINATION.
A. This Agreement shall remain in effect for the Term unless earlier terminated as follows:
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1) If either Party fails to fulfill its obligations under this Agreement in a timely and
satisfactory manner, or if either Party breaches any of the provisions, covenants
or stipulations under this Agreement, the other Party shall give a written notice to a)
the Party in default stating the failure or breach and provide a reasonable time
period for correction of same. In the 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. cr),
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2) The performance of any and all provisions of this Agreement by the County and
DEPARTMENT are expressly conditioned upon the availability of funds
lawfully collected, appropriated and budgeted by the DEPARTMENT. If
sufficient Lawfully Available Funds are either not available or are not
appropriated for the DEPARTMENT to fulfill its duties under this Agreement,
this Agreement may be terminated by the DEPARTMENT. 0
3) The DEPARTMENT shall be entitled to terminate this Agreement effective
immediately upon any determination by the Division of Bond Finance, or a court
with jurisdiction, that any payment by the DEPARTMENT hereunder would
violate the terms of the Resolution. c
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Department-Collier County Interlocal Agreement
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SECTION 13. RESOLUTION OF DISPUTES.
Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation 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. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this Agreement, Lt
the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Q
Court Mediator certified by the State of Florida. The mediation shall be attended by 0
representatives of DEPARTMENT and County staff persons who would make the presentation p
of any settlement reached during negotiations to their respective agencies for approval. Should
either party fail to submit to mediation as required hereunder, the other party may obtain a court
order requiring mediation under section 44.102, Fla. Stat.
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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 brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
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The Parties may avail themselves of each and every remedy herein specifically given to it
now or existing in law or in equity, and each 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. The 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. N
SECTION 14. MISCELLANEOUS PROVISIONS.
A. In no event shall the making by the DEPARTMENT of any payment to the
County constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant
or any default which may then exist, on the part of the County, and the making of such payment
by the DEPARTMENT while any such breach or default shall exist shall in no way impair or Ta
prejudice any right or remedy available to the DEPARTMENT with respect to such breach or
default. TD-
B. This Agreement shall be governed by and interpreted in accordance with the laws
of the State of Florida. Any provision in this Agreement determined by a court of competent E
jurisdiction, or any other legally constituted body having jurisdiction, to be invalid or
Department-Collier County Interlocal Agreement
14
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11.B.c
unenforceable shall be severable and the remainder of this Agreement shall remain in full force
and effect, provided that the invalidated or unenforceable provision is not material to the
intended operation of this 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,
if approved, are made by the DEPARTMENT.
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D. PUBLIC ENTITY CRIME INFORMATION AND ANTI-DISCRIMINATION a
STATEMENT: A person or affiliate who has been placed on the convicted vendor list following •'
a conviction for a public entity crime 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 a
property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
a
business with any public entity in excess of the threshold amount provided in Section 287.017,
for CATEGORY 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 submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any 5
public entity, and may not transact business with any public entity. x
E. The DEPARTMENT and the County acknowledge and agree to the following: N
i. The County shall utilize the U.S. DEPARTMENT of Homeland Security's Eas
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Verify system to verify the employment eligibility of all new employees hired by
the County during the term of this Agreement; and
ii. 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 employees hired by the a
consultant/subconsultant during the term of this Agreement. a
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F. No waiver of any breach of this Agreement by any of the Parties shall be held to
be a waiver of any subsequent breach. Failure of any Party to enforce any of the provisions of
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Department-Collier County Interlocal Agreement
15
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11.B.c
this Agreement, or to require performance 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 of any 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. j
H. This Agreement is solely for the benefit of the Parties to this Agreement and no Q
third party shall be entitled to claim or enforce any rights under this Agreement. The parties may s
not assign this Agreement or any right or obligation of this agreement without the written p
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 District, the County may assign the CA
Agreement to the merged or consolidated Fire District with advance notice to the Department.
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I. All notices or other communications shall be deemed sufficient if made in writing
and delivered either by electronic mail or by first-class mail, postage prepaid, to each Party at its
respective address set forth below, or such other address as such Party may designate to the C4
others in writing: ca
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COUNTY: ca
County Manager
Collier County Government 0
3299 Tamiami Trail East, Suite 202
Naples, Florida 34112 1
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DEPARTMENT :
Florida Department of Transportation
District One Secretary
801 North Broadway Avenue
Bartow, FL 33830 rts
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Notices sent by mail shall be deemed given when properly mailed, and the postmark affixed a;
by the United States Post Office shall be conclusive evidence.
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J. This Agreement and its attached exhibits embody the entire Agreement between the
Authority and the DEPARTMENT. No other understandings, oral or otherwise,
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Department-Collier County Interlocal Agreement
16
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11.B.c
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.
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IN WITNESS WHEREOF, the County and Department have executed this Agreement on
the day and year first above written.
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ATTEST: BOARD OF COUNTY COMMISSIONERS, ii
DWIGHT E-.:IiRI CK.;,,Clerk COLLIER OUNT '. FLORIDA a
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By��i,.,
- , • Dep:ity Clerk ,_Commissioner Tom nning, CHAIRMAN N.
Attesras to Chairman-s' „/
sign atuiraoniy...... `..
Approved as to form a,
and legality: a
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Scott R. Teach, Deputy County Attorney c
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EXHIBIT A—Insert Airspace Agreement
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23 CFR Part 710 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION75-OS0 322
Airspace Agreement R;GIiTOFWAY
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Public Purpose Page,of 7
ITEM/SEGMENT NO.: 2007141
MANAGING DISTRICT: One
F.A.P.NO.: N/A
STATE ROAD NO.: 93(1-75)
COUNTY: Collier
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PARCEL NO.: 500 u
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THIS AGREEMENT, made this day of ,2014 , between 2
The Board of County Commissioners of Golfer County,apolitical subdivision of the State of Florida at 3299 Tamiami Trail East, Suite
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202, Naples,Florida 34112(Lessee)and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION(Department),an agency
of the State of Florida(State).
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WHEREAS,the Department may convey a leasehold in the name of the State,in any land,buildings,or other property, real y
or personal,acquired under Section 337.25,Florida Statutes;and
WHEREAS,the United States Department of Transportation, Federal Highway Administration(FHWA), requires any use of
airspace above,and/or below the highway's established gradeline,lying within the approved right of way limits on a Federal Aid a)
System,to be accomplished pursuant to an airspace agreement in accordance with 23 CFR, Part 710,and rc
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WHEREAS, the Department has acquired sufficient legal right,title.and interest in the right of way of Parcel 500
which includes the property described in Exhibit"A"attached hereto and made a part hereof,
which right of way is part of a highway on a Federal Aid System;and -a
a)
WHEREAS,the Department desires to lease to Lessee the airspace above or below the gradeline of the property described in y
Exhibit"A",attached and made a part hereof for the following purpose: Fire Station for Collier County located on 1-75(Alligator
Alley)at the mile marker 63 rest area.
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WHEREAS,the proposed use will not impair the full use and safety of the highway, require or permit vehicular access to c)
such space directly from the established gradeline of said highway,or interfere with the free flow of traffic on said highway.
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NOW,THEREFORE,in consideration of the premises made a part hereof,and the covenants,promises,understandings,and c
agreements made by each party to the other as set forth herein,the Department and the Lessee do hereby mutually agree as follows: E
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1. Premises
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The premises hereto are true and correct and form an integral part of this Agreement.
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2. Term
The Department does hereby lease unto Lessee the airspace above or below gradeline of the property for a period of *�
Fifty(50)years beginning with the date of this Agreement. One renewal of this Agreement may be made for aCi
Fifty(50)years . However,except for a public purpose
conveyance,such renewal may not exceed five years. Nothing herein shall be construed to in any way grant an interest in the property
lying below said airspace.
3. Rent
a. Lessee shall pay to the Department as rent each 0 month 0 quarter 0 year on or before the first 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 Lessee. However,no such refund shall be made where termination is due to Lessee's violation
of a term or condition of this Agreement.
Packet Pg. 314
11.B.c
575-050-22
RIGHT OF WAY
OGC-08109
Page 2 cf
b. The Department reserves the right to review and adjust the rental fee biannually and at renewal to reflect market
conditions.
c. All rental payments are to be made by check or money order,payable to the State of Florida Department of Transportation
and delivered on or before the due date to: N/A
F,
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d. Lessee shall be responsible for all state, county,city,and local taxes that may be assessed,including real property taxes ai
and special assessments. In the event that no rent is specified herein,then it has been determined that either the use by Lessee is a o
nonproprietary use by a governmental agency or an exception from the current fair market rental value requirement(23 U.S.C. Section 0
156)has been obtained for social,environmental,or economic mitigation(SEE)purposes. In the event that it should be determined at
any time that the use is not a nonproprietary use by a governmental agency or that the SEE exception does not apply or has been
revoked.Lessee agrees to pay,at that time,rent as determined to be the fair market rental value by an independent appraiser certified
by the Department,and Lessee further agrees to pay such rent,under the remaining terms and conditions of this Paragraph 3,for the
remaining term(including renewals)of this Agreement.
E
e. Any installment of rent not received within ten(10)days after the due date shall bear interest at the highest rate allowed by m
law from the due date thereof,per Section 55.03(1),Florida Statutes. This provision shall not obligate the Department to accept late
rent payments or provide Lessee a grace period. cc
4. Use,Occupancy,and Maintenance
N
a. The Lessee shall be responsible for developing and operating the airspace as set forth herein.
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b. The Lessee's proposed use of the airspace is as follows: Fire Station serving the western counties of Alligator Alley(1-75) -a
at mile marker 63 Rest Area.
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c. The general design for the use of the airspace,including any facilities to be constructed,and the maps, plans,and sketches
setting out the pertinent features of the use of the airspace in relation to the highway facility are set forth in composite Exhibit"B" ai
attached hereto and by this reference made a part hereof. In addition,said composite Exhibit"B"also contains a three-dimensional %:r
description of the space to be used,unless the use is of a surface area beneath an elevated highway structure or adjacent to a highway
roadway for recreation,public park,beautification, parking of motor vehicles,public mass transit facilities,or other similar uses, in which
case,a metes and bounds description of the surface area,together with appropriate plans or cross sections clearly defining the vertical >,
use limits, may be substituted for said three-dimensional description in said composite Exhibit"B".
2
d. Any change in the authorized use of the airspace or revision in the design or construction of the facility described in Exhibit
"B"shall requireprior written approval from the appropriate District Secretary of the Department,subject to concurrence by the FHWA. E
e. The Department,through its duly authorized representatives,employees,and contractors,and any authorized FHWA re)
representative,may enter the facility at any time for the purpose of inspection,maintenance,or reconstruction of the highway and Q
adjacent facilities,when necessary;or for the purpose of surveying,drilling,monitoring well installations,sampling, remediation,and R
any other action which is reasonable and necessary to conduct an environmental assessment or to abate an environmental hazard.
f. Lessee,at Lessee's sole cost and expense,shall maintain the facility to occupy the airspace so as to assure that the a)
structures and the area within 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 cause no unreasonable interference with the highway use. In the event +;
that Lessee fails to so maintain the facility,the Department,through its duly authorized representatives,employees,and contractors, aoi
may enter the facility to perform such work,and the cost thereof shall be chargeable to the Lessee and shall be immediately due and
payable to the Department upon the performance of such work-
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g. Portable or temporary advertising signs are prohibited. Q
h. The design,occupancy,and use of the airspace shall not adversely affect the use,safety, appearance,or enjoyment of the
highway by smoke,fumes,vapors,odors,droppings,or any other objectionable discharges or emissions,or nuisances of any kind
therefrom.
i. When,for the proposed use of the airspace,the highway requires additional highway facilities for the proper operation and
maintenance of the highway,such facilities shall be provided by the Lessee without cost to either the Department or the FHWA and
subject to both Department and FHWA approval.
j. The proposed use shall not cause or allow any changes in the existing drainage on the property under the airspace. ;.y i
)
Packet Pg. 315
11.B.c
575.060-32
RIGHT OF WAY
000-08105
Page 3of7
k. Lessee shall not occupy, use, permit,or suffer the airspace,the property,the facility,or any part thereof to be occupied or
used for any illegal business use or purpose,for the manufacture or storage of flammable,explosive,or hazardous material,or any
other hazardous activity,or in such manner as to constitute a nuisance of any kind,nor for any purpose or in any way in violation of any
present or future federal,state,or local laws,orders,directions,ordinances,or regulations.
I. Any activities in any way involving hazardous materials or substances of any kind whatsoever,either as those terms may be
defined under any state or federal laws or regulations,or as those terms are understood in common usage,are specifically prohibited.
The use of petroleum products,pollutants,and other hazardous materials affecting the property is prohibited. Lessee shall be held j
responsible for the performance of and payment for any environmental remediation that may be necessary,as determined by the
Department. Similarly,if any contamination either spread to or was released onto adjoining property as a result of Lessee's use of the
airspace under lease,the Lessee shall be held similarly responsible. The Lessee shall indemnify,defend,and hold harmless the t
Department from any claim,loss,damage,cost,charge,or expense arising out of any such contamination. o
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m. Existing utilities and all corresponding easements shall remain in place and Lessee shall not disturb or interfere with the ti
same.
5. Indemnification. (select applicable paragraph)
Lessee is a Governmental Agency
To the extent provided by law,Lessee shall indemnify,defend,and hold harmless the Department and all of its officers,
agents,and employees from any claim,loss,damage,cost,charge,or expense arising out of any act,error,omission,or negligent act
by Lessee, its officers,agents,or employees,during the performance of the Agreement,except that neither Lessee,its agents,or its
employees will be liable under this paragraph for any claim,loss,damage,cost,charge,or expense arising out of any act,error, Q
omission,or negligent act by the Department or any of its officers,agents,or employees during the performance of the Agreement. See n
addendum.
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When the Department receives a notice of claim for damages that may have been caused by Lessee in the performance of
services required under this Agreement,the Department will immediately forward the claim to Lessee. Lessee and the Department will
evaluate the claim and report their findings to each other within fourteen(14)working days and will jointly discuss options in defending
the claim. After reviewing the claim,the Department will determine whether to require the participation of Lessee in the defense of the
claim or to require that Lessee defend the Department in such claim as described in this section. The Department's failure to promptly
notify Lessee of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Lessee.
The Department and Lessee will each pay its own expenses for the evaluation,settlement negotiations,and trial,if any.
Note: No longer required for local governments.
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❑ Lessee is not a Governmental Agency
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Lessee shall indemnify,defend,save,and hold harmless the Department,its agents,officers,and employees,from any =
losses,fines,penalties,costs,damages,claims,demands,suits,and liabilities of any nature,including attorney's fees(including 0
regulatory and appellate fees),arising out of or because of any acts,action,neglect,or omission by Lessee,or due to any accident,
happening,or occurrence on the leased property or arising in any manner from the exercise or attempted exercise of Lessee's rights
hereunder whether the same regards person or property of any nature whatsoever,regardless of the apportionment of negligence, Q
unless due to the sole negligence of the Department.
Lesee's obligation to indemnify, defend, and pay for the defense or at the Department's option, to participate, and to
associate with the Department in the defense and trial of any claim and any related settlement negotiations, shall be triggered by the
Lessor's notice of claim for indemnification to Lessee. Lessee's inability to evaluate liability or its evaluation of liability shall not excuse
Lessee's duty to defend and indemnify within seven days after such notice by the Department is given by registered mail. Only an
adjudication or judgment after the highest appeal is exhausted specifically finding the Department solely negligent shall excuse
performance of this provision by Lessee. Lessee shall pay all costs and fees related to this obligation and its enforcement by the
Department. The Department's failure to notify Lessee of a claim shall not release Lessee of the above duty to defend.
Note: No longer required for local governments.
6. Insurance. Lessee at its expense,shall maintain at all times during the term of this Agreement, public liability insurance
protecting the Department and Lessee against any and all claims for injury and damage to persons and property,and for the loss of life
or property occurring in,on,or about the land arising out of the act,negligence,omission,nonfeasance,or malfeasance of Lessee,its
employees,agents,contractors,customers,licensees,and invitees. Such insurance shall be carried in a minimum amount of not less
than N/A ($0.00 )for bodily injury or death to any one person or any number of persons in
any one occurrence and not less than N/A ($ 0.00 ) for property damage,or a combined
coverage of not less than N/A (S 0.00 ). All such policies shall be issued by companies licensed
to do business in the State of Florida and all such policies shall contain a provision whereby the same cannot be canceled or modified
unless the Department is given at least sixty(60)days prior written notice of such cancellation or modification. Lessee shall provide
the Department certificates showing such insurance to be in place and showing the Department as additional insured under the
Packet Pg. 316
11.B.c
'75-05032
RIGHT OF WAY
OGC-05109
Page 4 of 7
policies. If self-insured or under a risk management program, Lessee represents that such minimum coverage for liability will be
provided for the property. NOTE: COLLIER COUNTY IS SELF INSURED.
7. Termination
a. This Agreement may be terminated by either party without cause upon"See the Addendum to the Airspace Agreement
Number 7.q.on Page Seven' ( )days prior written notice to the other party.
m
b. It is understood and agreed to by the Lessee that the Department reserves the right to terminate this Agreement
immediately without prior notice, in the event the Lessee violates any of the conditions of this Agreement and such violation is not
corrected within a reasonable time after written notice of noncompliance has been given. In the event the Agreement is terminated and o
the Department deems it necessary to request the removal of the facility on the property,the removal shall be accomplished by the
Lessee in a manner prescribed by the Department at no cost to the Department or the FHWA. _c
0
c. The Lessee must notify the Department of its intention to renew this Agreement not later than thirty(30)days prior to the
expiration of the original term. Lessee's failure to comply with the foregoing notice provision may result in the Department's refusal to
renew the Agreement. rn
d. Upon termination of this Agreement,Lessee shall deliver the property to the Department,or its agents,in the condition
existing at the commencement of this Agreement,normal wear and tear excepted,unless a facility,any improvement,or any part
thereof has been constructed on the property.
m
e. If removal of the facility,improvements,or any part thereof is requested by the Department,any such structures shall be
removed by the Lessee at Lessee's expense by midnight of the day of termination of this Agreement and the property restored as m
nearly as practicable.
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f. This Agreement is terminable by the Department in the event that the facility ceases to be used for its intended purpose or
is abandoned. CS
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8. Eminent Domain -a
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Lessee acknowledges and agrees that its relationship with the Department under this Agreement is one of landlord and tenant cal
and no other relationship either expressed or implied shall be deemed to apply to the parties under this Agreement. Termination of this x
Agreement for any cause shall not be deemed a taking under any eminent domain or other law so as to entitle Lessee to compensation w
for any interest suffered or lost as a result of termination of this Agreement,including any residual interest in the Agreement or any
other facts or circumstances arising out of or in connection with this Agreement.
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Lessee hereby waives and relinquishes any legal rights and monetary claims which it might have for full compensation,or
damages of any sort, including special damages,severance damages, removal costs,or loss of business profits,resulting from
Lessee's loss of occupancy of the property specified in this Agreement,or any such rights,claims,or damages flowing from adjacent
properties owned or leased by Lessee as a result of Lessee's loss of occupancy of the property specified in this Agreement. Lessee
also hereby waives and relinquishes any legal rights and monetary claims which it might have for full compensation,or damages of any E
sort as set out above,as a result of Lessee's loss of occupancy of the property,when any or all adjacent properties owned or leased by y
Lessee are taken by eminent domain proceedings or sold under the threat thereof. This waiver and relinquishment applies whether this a)
Agreement is still in existence on the date of taking or sale or has been terminated prior thereto.
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9. Miscellaneous
a. The airspace and Lessee's rights under this Agreement shall not be transferred,assigned,or conveyed to another party a
without the prior written consent of the Department,subject to concurrence by the FHWA.
b. In conformance with the Civil Rights Act of 1964(Title VI,Appendix"C")and 49 CFR Part 21,Lessee agrees as follows: m
1. That as a part of the consideration hereof,Lessee does hereby covenant and agree as a covenant running with the land
that(1)no person,on the ground of race,color,sex,or national origin shall be excluded from participation in,be denied the benefits of,
or be otherwise subjected to discrimination in the use of said property and facility;(2)that in connection with the construction of any
improvements on said property and facility and the furnishing of services thereon,no discrimination shall be practiced in the selection of
employees and contractors,by contractors;and(3)that the Lessee shall use the property and facility in compliance with all other
requirements imposed pursuant to 15 CFR Part 8,Subpart A.
2. That in the event of breach of any of the above covenants,the Department shall have the right to terminate this Agreement
and to re-enter and repossess said property and the facility thereon,and hold the same as if this Agreement had never been made or
issued.
c. During the term of this Agreement Lessee shall,at Lessee's own cost and expense,promptly observe and comply with all
present or future laws, requirements,orders, directions,ordinances,and regulations of the United States of America,the State of
Packet Pg. 317
11.B.c
575-060-32
RIGHT OF WAY
0GC-08109
Page 5 of 7
Florida,county or local governments,or other lawful authority whatsoever,affecting the land,property,and facility or appurtenances or
any part thereof,and of all insurance policies covering the property,land,and facility,or any part thereof.
d. In addition to or in lieu of the terms and conditions contained herein,the provisions of any Addendum of even date herewith
which is identified to be a part hereof is hereby incorporated herein and made a part hereof by this reference. In the event of any
conflict between the terms and conditions hereof and the provisions of the Addendum(s),the provisions of the Addendum(s)shall
control,unless the provisions thereof are prohibited by law.
C)
e. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and
supersedes all prior agreements,understandings,or negotiations with respect thereto. Any provision hereof found to be unlawful or a)
unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. a)
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f. Lessee acknowledges that it has reviewed 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 this Agreement freely and voluntarily. This 0
Agreement contains the complete understanding of the parties with respect to the subject matter hereof. All prior understandings and
agreements,oral or written,heretofore made between the parties and/or between Lessee and any previous owner of the property and ytt
landlord of Lessee are merged in this Agreement,which alone,fully and completely express the agreement between Lessee and the
Department with respect to the subject matter hereof. No modification,waiver,or amendment of this Agreement or any of its conditions
or provisions shall be binding upon the Department or Lessee unless in writing and signed by both parties.
a)
g. Lessee shall be solely responsible for all bills for electricity,lighting,power,gas,water,telephone,and telegraph ai
services,or any other utility or service used on the property. a)
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h. This Agreement shall be governed by the laws of the State of Florida,and any applicable laws of the United States of CD
America. ra
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i. All notices to the Department shall be sent to the address for rent payments and all notices to Lessee shall be sent to the
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property address provided herein or otherwise provided in writing to the Department.
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11.B.c
675-060-32
RIGHT OF WAY
CGc a&09
Pape 6 of 7
IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed,the day and year first above written.
STATE OF FLORIDA "; '
The Board of County Co missioners of CRY.
COLLIER UNTY,F) da DEPARTMENT OF TRANSPORTATION -'" .„,x
LESSEE ' / it
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By: (..,JP-----. F By: e o
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Name: TOM HENNING Name: Billy Hattaway r'
Title CHAIRMAN Attest: c
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Attest; yr ea Name/Title:
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Title: _....4.--.-al '�i - (2"--":---------. ._
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K��{ �. {`� ;� 'strict Counsel j
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Name: RFFRav
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signature only,
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11.B.c
575-0,30-32
RIGHT OF WAY
GGC-OS/09
Page 7 of'
ADDENDUM
This is an Addendum to that certain Lease Agreement between The Board of County Commissioners of Collier County.a
political subdivision of the State of Florida and the State of Florida Department of Transportation dated the day of
,2014.
In addition to the provisions contained in said Agreement,the following terms and conditions shall be deemed to be a part thereof
pursuant to Paragraph 9(b)of said Agreement: 12
ii
The provision 4.I. above is removed and replaced with the following provision: a)
0
Lessee's use of the property includes the use of petroleum products and hazardous materials.Such use may cause pollutant or r
hazardous substance contamination("contamination"). Lessee shall be held responsible for the performance of and payment for any
environmental remediation that may arise from any such contamination,as determined by the Department,and State.federal and local
environmental agencies. Similarly,if any contamination either spreads to or is released onto adjoining property as a result of Lessee's r-
use of the airspace under lease,the Lessee shall be held similarly responsible. The Lessee shall indemnify,defend,and hold harmless rn
the Department from any claim,loss,damage,cost,charge,or expense arising out of any such contamination. —
4.,
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Number 7.g.: In the event termination of this Airspace Agreement is necessitated by the Department's need to utilize its Right of Way, a)
or in the event of a declared national or state emergency,or if there exists a safety or operational problem in regard to the Right of Way, a)
or if a structural problem arises in regard to the Lessees'improvements,the parties shall jointly agree to a reasonable termination date.
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The Board of County Commissioners ofX
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COLLIER COUNTY,Florida STATE OF FLORIDAd• ii
LESSEE o
/ DEPARTMENT OF TRANSPORTATION ri
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By: ( . . 1 By:
District Secretary E
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Name: TOM HENNING Name: Billy Hattaway a)
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Di ict Counsel
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Name: ''. �-"e el el,'rea t mil and legality
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Scott .`leach, Deputy County Attorney
Packet Pg. 320
11.B.c
FP NO. 200746-2
SECTION 03075-2402
PARCEL 500
COLLIER COUNTY LEASE PARCEL
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Ran e 32 East , n
A parcel of land in Section 1 ,
Township 50 South, g m
particularly described as
more particuv
Collier County, Florida being
follows :
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Commence at the northeast corner of Section 1, Township 50 South,
Range 32 East, Collier County, Florida; thence South 03°18 ' 26"
East along the east line of said Section
e tioneett1o and the existiest linof 4ng limited E
Range 32 East a distance of 300 . 5
access right of way line of State Road 93 (I-7Way 5) as shown
ctinn 6Florida Department of Transportation
Right of accesp rig ht of m
03075-2402 ; thence continue along
said' 26"
st a
of
way line South 03°18 alongsaidaimitedeaccess3rightfeet ;
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South 70°07' 24" West thence m
a distance of 563 . 88 feet to the POINT OF BEGINNING;
continue South 70° 07 ' 24" West along said limited access right o
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said �
of way line a distance of 51 . 68 feet ; thencedeparting
limited access right of way line South 89°59 ' 46" West a distance m of 219 . 64 feet; thence North 00°00 ' 14" West a distance of 90 . 65 u
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feet; thence South 89°59 ' 46" West a distance of 15 . 01 feet ;
thence North 00°15 ' 54" West a distance of 240 . 90 feet ; thence x
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North 89°59 ' 46" East a distance of 284 . 35 feet; thence South 0
00°00 ' 14" East a dislaneeof 313 . 99 and the POINTet OFtBEGINNINGa limited
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Containing 2 . 118 acres, more or less . Q
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11.B.c -
EXHIBIT 13—Schedule of Direct Capital Expenses and Annual Funding Schedule
Estimated Budgeted Amount for °'
Item Work
/ Capital and O&M
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Action/Milestone Estimated Budget o
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Annual 3.5 Paramedics Hired s
(includes uniforms and p
protective clothing) n
$389,000
Annual 9.5 Fire Fighters Hired- °'
Uniform/Gear noted below.
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Will include Budget Analyst m
support. m
$833,000
Annual a�
Admin/Indirect/800mhz
Maintenance and IT account
support charges L
$12,000
Annual Building Maintenance
after Warranty Estimated a)
including generator
$4,500 CC)
Annual Bulk Fuel on-site- y
estimated includes trucks and
station generator original fill
and estimated annual
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consumption
$12,000 -
Annual Canal dive and water m
search and rescue equipment, E
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haz-mat absorbent and a'
response, minor medical, a
disposables, and FF Foam o
$16,000 0
Annual Haz/Mat-Mut/Aid
Contg $12,500
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Department-Collier County Interlocal Agreement
20
Packet Pg. 323
11.B.c
Annual Insurance-All
Coverage-Estimates for
Workers Comp, Facility,errors
and omissions, malpractice,
portable equipment and
environmental estimated '
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(includes Flood and Builders it
Risk which may be deemed
not needed) ((Original quote 2
has vehicles slightly below OU
current estimates))
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$208,000 rn
Annual Minor office supplies $500
Annual Minor station supplies $1,200
Annual Phone, Data,
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Electric,est.(Water Sewer m
included in site lease provided a'c
by FOOT Rest Area systems)
$7,600 cc
Annual Vehicle and Small cn
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Equipment and compressor, 73-
Maintenance,Repair,SCBA
testing/certification and
calibration- Most items under
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warranty year 1.
$1,800 W
Annual O&M for SFY without N
CPI $1,498,100 >,
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Capital 4wd Crew Cab a'
Brush/Squad minor hand tools
and 1 mobile radio, Florida a,
Fleet Sheriff's Bid estimate.
$126,000
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Department-Collier County Interlocal Agreement
21
Packet Pg. 324
11.B.c -
Capital-ALS Heavy Rescue
Apparatus turnkey fully
equipped, equipment
mounting, less medical and
canal rescue supplies include
(1) mobile radio. Florida Fleet
Sheriff's Bid estimate
$908,500 a)
Capital Fire Fighting Water Q
Tender,turnkey fully
equipped,equipment p
mounting, less medical, canal r;
rescue and firefighting bulk oma,
foam. Includes 1 mobile radio.
Florida Fleet Sheriffs Bid
estimate.
$405,960
Capital Protective a'
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Clothing/Uniform, minor
safety equipment estimated
fire-fighter(s)only. _
$31,000
Capital Station Fur, Fix, Equip,
Computers,commissioning
CD
supplies, aviation and wildfire
weather system interoperable
with FDOT Traffic Management a'
$29,750
Capital Station tools,hose c
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racks,compressor.
$1,600 2
Capital 4wd Crew Cab Pick-
up/QRV, Florida Sheriff's Bid
Estimate
$41,000
Capital 4wd Off-Rd UTV a�
Florida Sheriff's Bid Estimate $19,200
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Department-Collier County Interlocal Agreement
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11.B.c -
Capital Base Station Mobile
and Portable Radios pagers
and 911 CAD programming
Locution"'Sheriff-911
automated dispatch
notification
$20,225
Capital Breathing Air
Compressor for re-filling Fire
fighting Self Contained g
Breathing Apparatus and on- O
board compressed air
equipment tanks rn
$45,000
Capital Heart Monitors/Med
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Contract(s) y
$108,000 L
Contracted Services-Early cs)a
Commencement-Reserve
Apparatus(Rental/Lease from y
Vendor)9-12 mos while
awaiting production of
apparatus above-estimated.
$25,000 }'
Total Capital Equipment
$1,761,235
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11.B.c -
EXHIBIT "C"
STATE FINANCIAL RESOURCES AWARDED TO AUTHORITY
Financial Management Number: 435389-1-94-01
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
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State Project:—
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State Awarding Agency: Florida Department of Transportation
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Catalog of State Financial Assistance(CSFA) Number: 55.036
Amount of State Financial Assistance: S N
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COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES a)
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
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Objectives of the Project: Construct a Fire Station for the benefit of the travelling along Interstate 75 and
surrounding counties. Reimburse a county or another local governmental entity for the direct actual costs
of operating such Fire Station.
Project Restrictions:
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Department-Collier County Interlocal Agreement
24
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11.B.c
EXHIBIT D- RESOLUTION OF COUNTY
RESOLUTION 2014-71
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF r.
COLLIER COUNTY FLORIDA, AUTHORIZING ITS CHAIRMAN TO
EXECUTE AN INTERLOCAL AGREEMENT AND AN AIRSPACE o-
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION ("FDOT") PROVIDING FOR THE LEASE OF A 0
FIRE 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 CD,
Florida Department of Transportation allowing for the lease of a fire station located at the mile a
marker 63 rest area on Alligator Alley in Collier County, Florida to allow emergency vehicles to a
provide a faster emergency response time to the public; and
WHEREAS, 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 Alligator
Alley (1-75); and v
WHEREAS, the Interlocal Agreement sets forth the terms, conditions and
responsibilities of FDOT and Collier County with respect to funding for the fire station, the co
respective duties of the parties to provide services at the mile marker 63 fire station and other
such matters; and
a)
WHEREAS, the Collier County Board of Commissioners agrees to maintain the fire
station and any encompassed structures or amenities in accordance 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: E
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Department-Collier County Interlocal Agreement
25
Packet Pg.328
11.B.c
1. The Collier County Board of Commissioners approves and authorizes its Chairman to
sign the Interlocal Agreement and the Airspace Agreement with the FDOT.
2. A certified copy of this Resolution shall be forwarded to FDOT along with the
Interlocal Agreement and Airspace Agreement for execution by FDOT.
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itTHIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same.
this SA-VA day of -p,--\\ , 2014. o
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ATTEST: �� '
BOARD OF COUNTY COMMISSIONERS
DWIGHTIE:`BRO.0 -, CLERK COLLIER COUNTY, FLORIDA w
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BY: \.
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Tom Henning, Chairw an
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SCOTT R. TEACH N
DEPUTY COUNTY ATTORNEY °'
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Department-Collier County Interlocal Agreement
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Packet Pg. 329
11.B.d
EXECUTIVE SUMMARY
Recommendation to approve an Interlocal Agreement with Greater Naples Fire Rescue District to
provide fire services to the Isles of Capri Fire District and to support legislation to annex the Isles
of Capri Fire District and Collier County Fire District (District One) into the Greater Naples Fire
Rescue District.
OBJECTIVE: To provide fire services to the residents of Collier County in an efficient and cost
effective manner.
CONSIDERATIONS: In accordance with direction provided by the Board at its June 9, 2015 meeting
(Agenda Item 11D), staff has been meeting with stakeholders of the Isles of Capri Fire District (IoC)
including residents, advisory committee members, employees, collective bargaining unit representatives
as well as representatives of the Greater Naples Fire Rescue District (GNFD), including their Chief and
Board Chair,to develop an agreement for the management of the district and provision of fire services.
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a)
The agreement attached to this executive summary has been agreed upon by all stakeholders and was
approved by the GNFD Fire Commission on August 12,2015. In summary,the agreement includes: 2
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1. Commencement on October 1,2015 •
2. Setting the millage rate at 2.0 for FY16 and remitting the net ad valorem proceeds to GNFD
3. The same or better level of service as currently provided (a minimum of 2 firefighters per shift,
with a goal of providing 3 firefighters per shift) 'n
4. GNFD providing administration and records management ao
5. GNFD Chief attending IoC Advisory Committee meetings
6. All current IoC personnel being hired by GNFD at their current pay, rank, benefits, and leave as
per their collective bargaining agreement(merged into Local 2396)
7. Collier County retaining ownership of vehicles, facilities and equipment until annexation
8. GNFD maintaining vehicles and facilities N
9. GNFD providing or purchasing through Collier County required insurance coverage
10. GNFD cooperating with Collier County Public Utilities regarding fire hydrants v
0
Upon approval of this agreement, staff will begin transition planning. Additionally, GNFD will begin the w
process of introducing a Special Act of the Florida Legislature to annex the areas included in the Isles of :-:
Capri MSTU and Collier Fire District MSTU. If passed, the legislation will be subject to approval by
voters of the districts in 2016 and the first tax levy would be assessed as of January 2017 for collection in
FY18. t6
Until future annexation of the Ochopee Fire District (OFD), GNFD has agreed to enter into an Interlocal
Agreement with OFD (the County) to provide fire services within District One using the current
calculation method to distribute ad valorem taxes.
The schedule and timeline below presents a high level look at the expected actions over the next four
years.
Ioc Annex&District One
2016 Legislative Session—Special Act passed
Aug Primary or Nov 2016 General Election—Voter approval
Jan 2017 Tax year begins
Oct 2017 (FY18) GNFD annexation of Ioc &District One complete
Oct 2017 Interlocal Agreement for fire service by OFD to parts of District One
Packet Pg. 330
11.B.d
Ochopee Interlocal Agreement
Jun 2016 begin discussion re: future revenue for Station 63
Sep 2016 adopt legislative priority/support toll revenue(Station 63)
2017 Legislative Session-toll revenue allocation
Jun 2017 Begin stakeholders meeting re: management of Ochopee FD
Jun 2018 Adopt ILA for Ochopee management
Oct 2018(FY19)begin GNFD operations
Ochopee Annex
2018 Legislative Session—Special Act Passed
Aug 2018 Primary or Nov 2018 General Election
Jan 2019 Tax year begins
Oct 2019 (FY20) GNFD annexation of OFD complete
Oct 2019 Interlocal Agreement for fire service in District One terminated
a)
ED_
FISCAL IMPACT: Prior to the receipt of ad valorem property tax revenue which generally does
not post until late November, the County will pay to Greater Naples on or about October 1st, a
sum equal to two twelve's (2/12) of 95% of ad valorem proceeds budgeted (for example; this
amount based upon the July 2015 tentative budget totals on or about$162,300). Thereafter,
monthly beginning with the December posting, the County will pay to Greater Naples the exact
amount of ad valorem proceeds posted until the net budgeted ad valorem proceeds is reached. Inosa
August, after the last ad valorem tax receipt is posted, the County will pay to Greater Naples a
true up amount which is defined as the total amount of ad valorem proceeds posted to the
County's accounting system less the amount paid. In no instance will the amount of ad valorem
proceeds paid to Greater Naples exceed the amount of ad valorem revenue posted in the
County's accounting system. At year end, other eligible, appropriate and legally available non a
ad valorem revenue posted to the accounting system will be paid to Greater Naples with the
explicit understanding that the year ending cash balance will not drop below the audited amount 0
as of September 30, 2015. w
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GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with
this Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board approves the Interlocal Agreement with Greater Naples Fire
Rescue District for fire services to Isles of Capri Fire District (MSTU) and supports legislation annexing
the Isles of Capri and Collier Fire District(District One)into the Greater Naples Fire Rescue District.
Prepared by: Len Golden Price,Administrative Services
Attachments: Interlocal Agreement
Packet Pg. 331
11.B.e
EXECUTIVE SUMMARY
Recommendation to direct the County Manager to work the East Naples Fire Control
and Rescue District (ENFD), the Ochopee Fire District Advisory Board, and the City of
Everglades to develop a plan to merge the Ochopee Fire District with the ENFD, and to
return to the Board of County Commissioners with a recommendation.
OBJECTIVE: To evaluate whether to merge the Ochopee Fire District with the ENFD.
CONSIDERATIONS: On June 11, 2013, Item IOE, the Board authorized Commissioner
Tom Henning to represent the Board and work with staff in evaluating and potentially
negotiating consolidated EMS services and County managed plan review and inspection
services.
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a)
On March 11, 2014, the ENFD Board requested the County consider merging Ochopee Fire o
Control District with ENFD for the purpose of providing improved fire response to the area O
and also to remedy potential fire efforts for the I-75 mile marker 63 expansion. ••
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Commissioner Henning who was in attendance agreed to bring the issue before the Board for oma,
consideration.
With Board approval, the County Manager would assign staff to work with ENFD, the N
Ochopee Fire District Advisory Board and Mayor Sammy Hamilton to develop a potential
merger plan.
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FISCAL IMPACT: None at this time. 0
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LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
approved as to form and legality, and requires majority vote for approval. Please note that
since the Ochopee Fire District is an MSTU, a referendum is not needed for consolidation.
The process would likely entail a short term Interlocal Agreement between the County and
ENFD, conditioned in part on the Legislature expanding the boundaries of the ENFD, which
would complete the merger. -JAK
RECOMMENDATION: Recommendation to direct the County Manager to work the East
Naples Fire Control and Rescue District (ENFD), the Ochopee Fire District Advisory Board,
and the City of Everglades to develop a plan to merge the Ochopee Fire District with the
ENFD, and to return to the Board of County Commissioners with a recommendation.
Prepared by: Commissioner Tom Henning, District 3
Packet Pg. 332
11.B.e
March 25, 2014
COMMISSIONER FIALA: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Item 410B
RECOMMENDATION TO DIRECT THE COUNTY MANAGER 2
TO WORK THE EAST NAPLES FIRE CONTROL AND RESCUE U
DISTRICT (ENFD), THE OCHOPEE FIRE DISTRICT ADVISORY
BOARD, AND THE CITY OF EVERGLADES TO DEVELOP A
PLAN TO MERGE THE OCHOPEE FIRE DISTRICT WITH THE N
ENFD, AND TO RETURN TO THE BOARD OF COUNTY
COMMISSIONERS WITH A RECOMMENDATION — MOTION a.
TO APPROVE WITH DIRECTION THE COUNTY MANAGER'S
OFFICE AND MAYOR HAMILTON WORK TOGETHER TO
ENHANCE SERVICE, RETAIN FIREFIGHTERS FROM
OCHOPEE, EQUIPMENT AND BRING BACK TO THE BCC — W
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APPROVED
MR. OCHS: Commissioners, that takes us to Item 10.B this
morning, and it's a recommendation to direct the County Manager to
work with the East Naples Fire Control and Rescue District, the
Ochopee Fire District Advisory Board and the City of Everglades to
develop a plan to merge the Ochopee Fire District with the East
Naples Fire District, and to return to the Board of County
Commissioners with a recommendation.
This item was placed on the agenda by Commissioner Henning.
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11.B.e
March 25, 2014
CHAIRMAN HENNING: And again, we have the chiefs of both
the districts and fire commissioners, if anybody has any questions of
them.
When I went to the East Naples Fire Commission meeting, there
was a desire to take a look at the merger of the Ochopee Fire District
into the East Naples Fire District, and subsequently it would be the
Greater Naples Fire District.
What's on the agenda is just a -- is just directing staff to
communicate with the East Naples Fire District to look at all the
issues. There's a lot of issues that -- that before any final decision can
be made we need to take a look at the staffing, we need to take a look a
at the budgets. There's a whole host of things that we need to take a
look at.
And quite frankly, the -- our goal should be to retain the staff that ;4';
we have out there and the administration. Our goal is to how we can
improve service and possibly lower the insurance rating. Our goal N
should be is there a way to lower the millage rate.
This item is -- will definitely have to come back to the Board for
ratification or what other hurdles. So with that, I'll go to the
Commissioners.
Commissioner Hiller?
COMMISSIONER HILLER: Yeah, I think we need to hear from W
4
Mayor Hamilton --
CHAIRMAN HENNING: Yes.
COMMISSIONER HILLER: -- to get his input on whether or Q
not --
MR. MILLER: Mr. Chairman, he is our registered speaker. Do
you want him limited to three minutes or just whatever?
CHAIRMAN HENNING: Whatever.
MR. MILLER: Thank you, sir,
MAYOR HAMILTON: Thank you, Tom.
Good morning, Mr. Chairman and Commissioners. I got kind of
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11.B.e
March 25, 2014
a -- it's not a cold, but my whole ear is stopped up here, so if I say
what did you say, you know -- but it's true.
And I want to thank you Commissioners for allowing me to come
up. And as Mayor of Everglades City and the surrounding area there,
I would really like to have this kind of-- if it's any way possible, it's
hit me very quick like, it's all new to me and we got a lot of things
going on down there.
But the thing is I think we're doing great there. And I know Tom,
what he said is true, trying to lower the millage rates and things like
that. But overall I would like to see if we could put this back a few
years, several years, whatever, and go along with these other issues
that's come up now and give us a chance to really look this over.
Because I'm very interested, and I am completely against -- I always
say Everglades City, I know it's Ochopee -- but I'd like to see a big
sign saying Everglades City.
But the thing is, I would like to have time and the Commissioners
have time, I'd like to hear today that we could try to put this off a few
years while we go ahead and do the other issues that's coming up now.
And I won't take long but I am against that and my people are °
against it and for lots of reasons. We have our own building, we have 2
the fire docks there, we have everything. And I'd really appreciate the
Commissioners and County Manager, everybody to kind of slow this
part down, go along with the other people, finish up with that, and
come back to this issue and we'll all be better prepared. I will. Thank
you.
CHAIRMAN HENNING: Thank you.
Questions?
COMMISSIONER HILLER: I'd like to make a motion that we
continue this item and ask the various parties, the county and East
Naples, to sit down with Mayor Hamilton and talk about his concerns.
Because I'm personally very concerned, Mayor Hamilton, that
you were not aware of this ahead of time sufficiently so that you
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11.B.e
March 25, 2014
would have had the opportunity to vet your concerns with the various
parties; in other words, the county and East Naples.
So I think you should have that opportunity. And then this
should be brought back after that discussion is had. And, you know, if
it is still the will of this Board to move forward, notwithstanding your
objections, that may be the case, but at least you have had the
opportunity representing your community to vet this with the parties.
CHAIRMAN HENNING: Well, actually, that's the
recommendation, is to work with East Naples Fire Rescue, Ochopee
Fire District Advisory Board and the City of Naples to develop a
merge plan --
COMMISSIONER COYLE: City of Everglades.
CHAIRMAN HENNING: City of Everglades, I'm sorry.
ti
So it is working with them.
COMMISSIONER HILLER: Okay. I mean, as long as that, you
know, we're not moving forward with a plan but that they're in effect
working together.
Is that okay with you, if you have the opportunity to work with 0
everyone to see whether or not you want to or what your objections
are?
MAYOR HAMILTON: Yes, that would be okay, Georgia. But
yeah, I'd like to, like you say, have time, more time to study this all 11'
4
over and work with the people on the Board, Manager, whoever you
decide, Commissioners. That would be okay.
But I would like to be able to be on that board and give my
opinion of our city and our little surrounding area.
And we cover a lot of ground there. It would be quicker actually
-- I won't get into that this morning, other people wants to talk too.
But we cover a lot of ground there, our firemen, probably a lot more
than East Naples and some of them put together. But we all go over to
the end of the county, to edge of Dade County and everything else.
And I'm sorry I talk the way I'm talking this morning, I don't have that
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11.B.e
March 25, 2014
Elvis voice like I usually do, I lost that this morning.
But I do really appreciate you Commissioners, and I would like
to be able to be on the board to be able to give my opinion a lot better
than I'm doing this morning. But I'm really -- I'm against it, my
people are against it. We do have a lot of issues about that. But I do
want to thank you.
COMMISSIONER HILLER: Commissioner, would it be okay if
I made a motion to approve your recommendation with a qualifier and
that is that this not come back to the Board 'til Mayor Hamilton feels
comfortable that he has had the opportunity to fully vet all of his -02
concerns and his community's concerns with the participants. Within
a reasonable time? 2
CHAIRMAN HENNING: Your recommendation is to direct the
County Manager to work with all --
COMMISSIONER HILLER: Um-hum.
CHAIRMAN HENNING: -- entities involved, including the
Mayor of Everglades.
COMMISSIONER HILLER: Yes. And to make sure that it's 0
done with, you know, enough time so that Mayor Hamilton can bring
all his -- that we don't rush through this but that he has the opportunity
to fully vet his concerns with the county and with the fire district -65
before it comes back. W
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CHAIRMAN HENNING: I could support a motion like that.
COMMISSIONER FIALA: I'll second that motion.
CHAIRMAN HENNING: Motion by Commissioner Hiller,
second by Commissioner Fiala.
And we have speakers -- or Commissioners. I think
Commissioner Fiala was first.
COMMISSIONER FIALA: Yes, I was, thank you. And I have
the same voice, by the way, as you do this morning.
COMMISSIONER COYLE: She always sounds that way.
MAYOR HAMILTON: Very sultry.
Page 24
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11.B.e
March 25, 2014
COMMISSIONER FIALA: Right.
COMMISSIONER HILLER: It's a little bit suspicious. I'm not
going there, Mrs. Hamilton, just saying.
COMMISSIONER FIALA: One of the things that I noticed
immediately, and it kind of goes along with what you're saying, and
certainly with Commissioner Hiller's motion, is it gave no time
limitation, doesn't look like anybody's trying to rush through this, so it
gives it the time I think that you need and everyone else needs to be
able to talk with everybody and feel comfortable with the final
outcome, whatever it will be.
MAYOR HAMILTON: I really appreciate that.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Yeah, just two points. Mayor
Hamilton, with respect to the timing, when the County Board of
Commissioners requests a study and some recommendations, it
seldom happens quickly. I think we started -- somebody back about
30 years ago started talking about consolidating fire districts. And you Q
can see that just now we're beginning to do it. So I'm not sure
anything will happen quickly.
But one of the other things that could be an improvement on the
guidance would be to assure that the fire support for Glades and their
surrounding area would be strengthened rather than reduced. So I'm
sure that Mayor Hamilton is concerned that somebody's going to take
away some of the good fire support you have there. And I really czu
believe that the intent of this process is to make it more effective
rather than less effective. And if that were included in the guidance to
staff, that might provide some comfort to the people in Everglades
City.
CHAIRMAN HENNING: Commissioner Coyle, I totally agree
with you.
Commissioner Hiller, would you enter -- amend your motion to
include to enhance the present day service and also to retain the staff
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11.B.e
March 25, 2014
and the firefighters in Ochopee?
COMMISSIONER HILLER: Yes, I'll amend my motion in that
regard.
CHAIRMAN HENNING: Commissioner Fiala, will you?
COMMISSIONER FIALA: Yes, I totally agree with you.
Thank you very much.
I think the Ochopee firemen are the ones who best know where
everything is and they won't get lost on the way to a fire, whether it be
in Everglades City or in the forest.
MAYOR HAMILTON: That's true.
CHAIRMAN HENNING: Before I go to Commissioner Nance, I
just want to say we have great staff at Ochopee Fire District. We have
great firefighters at Ochopee Fire District. However it's been the
wishes of the Board individually and collectively and citizens to
merge these districts for enhanced service. That's what they voted for.
Or cheaper price. Not a cheaper price, but -- N
COMMISSIONER FIALA: Better overall MSTUs or taxes.
CHAIRMAN HENNING: Yeah, for a lack of words. But just a
better service to the customers.
Commissioner Nance?
COMMISSIONER NANCE: Yes, I do think that gathering
together all of these staffs is very timely. And I think as we've
recently seen on this Board, having comprehensive services and well
administered services is going to bring better service. So I look
forward to this evaluation.
And once again, I'm thanking Chair -- Commissioner Henning
for continuing to move this whole process forward. So I fully support
the motion, Mr. Chairman.
CHAIRMAN HENNING: One other thing on the direction,
Commissioner Hiller. We are building a station, actually it's probably
CO'd by now, we're going to order some equipment for the Alligator
Alley. That's supposed to be a shared facility with Ochopee Fire
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11.B.e
March 25, 2014
District and EMS that -- I think that -- County Manager, correct me if
I'm wrong, we're supposed to have an ambulance out there?
MR. OCHS: Sir, we're going to -- yes, we're bringing an MOU
and we'll have both ALS and Ochopee firefighting capability at that
station.
CHAIRMAN HENNING: So we want to recognize that it's
going to be a shared facility with the district and the county EMS
department.
MR. OCHS: Yes, sir.
COMMISSIONER HILLER: We've already -- I think we've
already done that, haven't we, in the past? And I'm not sure, should Q
that be part of this? Because do you have a concern that if we don't
make mention of that in this motion that somehow that facility will get
excluded from the discussion in -- the merger discussion?
CHAIRMAN HENNING: I think everything should be laid out T
on the table so everybody has an understanding, you know, about the N
facilities and equipment and so on and so forth.
COMMISSIONER HILLER: So why not just say, you know, to
consider all facilities, equipment and staffing -- °
a,
CHAIRMAN HENNING: Sure.
COMMISSIONER HILLER: -- that might involve either
Ochopee or East Naples as they work together.
MR. OCIHS: That's fine, ma'am.
CHAIRMAN HENNING: Commissioner Fiala, you okay with
that?
COMMISSIONER FIALA: Oh, I'm okay with that, yes.
COMMISSIONER HILLER: But I just want to remind
everybody, we did agree that the fire staff from Isles of Capri would
have dibs on those jobs at that station.
CHAIRMAN HENNING: Yeah, I don't think that's quite the
direction, but it was something similar to that.
COMMISSIONER HILLER: It was basically wouldn't they have
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11.B.e
March 25, 2014
priority, like first in line applying for those positions?
CHAIRMAN HENNING: I think the direction from the staff
was to take a look at the staffing level at Isles of Capri and see if they
can fit in within the -- and Chief McLaughlin is shaking his head yes
-- see if they could fit in within that new station.
Mayor Hamilton, are you okay with the direction?
MAYOR HAMILTON: Yes, sir. Thank you, Mr. Chairman. I
want to thank the whole Board. Thank you, Georgia, for the motion.
Thank you all.
COMMISSIONER FIALA: Glad you were here.
MAYOR HAMILTON: I'll try to get my voice better. Thank Q
you. Thank you very much. 0U
CHAIRMAN HENNING: Anything else, Commissioner Fiala?
COMMISSIONER FIALA: Yes, just a quick question.
Did we -- we finally opened the station at Port of the Islands,
right? I guess the guys moved out of the hotel, right? N
MR. OCHS: Yes, ma'am. And I'll ask Chief McLaughlin to give Q
you a very brief update on the status of that. 0
COMMISSIONER FIALA: And my question was and do we
also have an ambulance there, or not?
MR. OCHS: Chief?
CHIEF McLAUGHLIN: Good morning, Chairman, W
Commissioners. Chief McLaughlin, Ochopee Fire Control District,
for the record.
We have moved into the Port of the Isles station effective last
Monday, officially. We're having an open house coming up on the
19th which you'll be invited to.
We do not have an ambulance at that facility. We have an ALS
engine there, which you're very familiar with. It's a shared facility
with an EMS fire medic on board with one of our firefighters. That's
the same agreement we have with mile marker 63. There'll be a fire
medic on board with the crew out there. There's no ambulance
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11.B.e
March 25, 2014
scheduled to be at that facility either, just as an update.
COMMISSIONER FIALA: Thank you.
CHIEF McLAUGHLIN: Thank you very much.
CHAIRMAN HENNING: I do want to say, I want to thank all of
the fire commissioners in Collier County. It's a real honor to work
with them and your staff. Very professional people and dedication
from the fire commissioners. I'm looking forward to continuing that
relationship.
Any further discussion on the motion?
(No response.)
CHAIRMAN HENNING: Seeing none, all in favor of the Q
motion, signify by saying aye. 0
COMMISSIONER FIALA: Aye.
ti
CHAIRMAN HENNING: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER COYLE: Aye. M
COMMISSIONER NANCE: Aye. Q
CHAIRMAN HENNING: Any opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
Thank you, Mayor, for being here.
Next item?
Item #11A
RECOMMENDATION TO AUTHORIZE STAFF TO UPGRADE
THE CURRENT HARRIS CORPORATION PUBLIC SAFETY
RADIO SYSTEM TO P25 TECHNOLOGY USING THE STATE
OF FLORIDA CONTRACT — MOTION DIRECTING STAFF TO
COMPETITIVELY SOLICIT FOR A COMMUNICATIONS
ENGINEER TO EVALUATE WHAT IS NEEDED AND COSTS
INVOLVED AND BRING BACK A DETAILED ANALYSIS AND
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