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Agenda 09/08/2015 Item #11A9/8/2015 11.A. 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 I ID), 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. 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: 1. Commencement on October 1, 2015 2. Setting the millage rate at 2.0 for FYI 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) 4. GNFD providing administration and records management 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 9. GNFD providing or purchasing through Collier County required insurance coverage 10. GNFD cooperating with Collier County Public Utilities regarding fire hydrants Upon approval of this agreement, staff will begin transition planning. Additionally, GNFD will begin the 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 FYI 8. 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 (FYI 8) GNFD annexation of loc & District One complete Oct 2017 Interlocal Agreement for fire service by OFD to parts of District One Packet Page -209- 9/8/2015 11.A. 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 (FYI 9) 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 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 1 st, 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. 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 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 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 as of September 30, 2015. 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 Page -210- COLLIER COUNTY Board of County Commissioners Item Number: 11.11.A. 9/8/2015 11.A. Item 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. Meeting Date: 9/8/2015 Prepared By Name: pochopinpat Title: Administrative Assistant, Administrative Services Department 8/19/2015 4:17:35 PM Submitted by Title: Department Head - Administrative Svc, Administrative Services Department Name: PriceLen 8/19/2015 4:17:36 PM Approved By Name: pochopinpat Title: Administrative Assistant, Administrative Services Department Date: 8/19/2015 4:38:39 PM Name: pochopinpat Title: Administrative Assistant, Administrative Services Department Date: 8/19/2015 4:40:05 PM Name: KlatzkowJeff Title: County Attorney, Date: 8/20/2015 10:35:42 AM Name: PriceLen Title: Department Head - Administrative Svc, Administrative Services Department Date: 8/20/2015 3:45:14 PM Packet Page -211- Name: KlatzkowJeff Title: County Attorney, Date: 8/20/2015 4:47:56 PM Name: KlatzkowJeff Title: County Attorney, Date: 8/21/2015 8:49:49 AM Name: IsacksonMark 9/8/2015 11.A. Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 8/24/2015 10:11:51 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 8/24/2015 12:38:27 PM Packet Page -212- 9/8/2015 11.A. 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 , 2015, 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 Isles of Capri Municipal Fire Services Taxing District (hereinafter referred tows the "Isles of Capri Fire 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 and dispose of equipment and other personal or real property and to provide an adequate water supply 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 WHEREAS, the parties intend to consolidate the Isles of Capri Fire District into Greater Naples, which would ultimately require appropriate action by the Florida Legislature and approval at referendum of the qualified electors within the Isles of Capri Fire 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 Isles of Capri Fire District including its fire station ( "Isles of Capri Fire Station") 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 .A......, tffih., lmler1 l Agreement; and 1V1111J of l.111J 111LV1 oV41 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, 2015, and will continue for a period of three (3) years ending on September 30, 2018, subject to the early termination provision provided below in numbered paragraph 14. Thereafter, this Agreement will Packet Page -213- 9/8/2015 11.A. 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 Isles of Capri Fire District at 2.0 mills for the first and second (if the agreement is renewed) year of the agreement. If there is a third year under the agreement, the millage rate will be reduced to 1.75 mills and will, thereafter, be set at the same millage rate set by Greater Naples. 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 I st, 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 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 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 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 as of September 30, 2015. In the event of an approved and authorized full annexation, the audited financial reserves, if any, shall be remitted to Greater Naples. 3. SERVICE LEVEL: Greater Naples will provide the Isles of Capri Fire District with the current level of fire protection and rescue services that Isles of Capri Fire 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 one (1) Class -A fire apparatus, 24 hours each day stationed at Isles of Capri Fire Station, which station shall at all times remain open, operational, and fully staffed with no "brown out" shifts • Marine capability in accordance with a separately executed Memorandum of Understanding Fire prevention and investigative services • 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 • Preparation and coordination of emergency preparedness activities Packet Page -214- 9/8/2015 11.A. 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. 5. PUBLIC RELATIONS AND OTHER SERVICES: The Greater Naples Fire Chief will prepare the agenda for and attend Isles of Capri Advisory Committee meetings; will liaison with outside agencies, the media and the public; will provide regular 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 Isles of Capri 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 employees of Isles of Capri will be transferred to Greater Naples in accordance with Local 2396 collective bargaining agreement as to terms of employment and accrued leave balances and with no negative impact on their compensation, rank and/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 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 Isles of Capri staff at the Isles of Capri Fire Station. 7. OWNERSHIP OF VEHICLES, FACILITIES AND EQUIPMENT: An inventory and inspection of all supplies, vehicles and equipment located within the Isles of Capri Fire Station 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 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 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 Isles of Capri Fire Districts unless being maintained or repaired. In addition: Packet Page -215- 9/8/2015 11.A. a) The County reserves the right to station a Collier County EMS ambulance and personnel and equipment at the Isles of Capri 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 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 Isles of Capri 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: 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 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 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 be maintained on all vehicles. Vehicles valued over $50,000 shall be insured on an agreed value. Packet Page -216- 9/8/2015 11.A. 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 for captain and crew members. 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. In the event of loss, Greater Naples shall be responsible for the replacement of property and this responsibility shall not be limited to the limit of insurance purchased. h) The Collier County Board of Commissioners shall be named as the Certificate Holder. 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. 1) 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 longer. Should at any time Greater Naples not maintain the insurance coverage required herein, 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. 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 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 change in coverages or limits received by Greater Naples from its insurer and nothing contained herein shall relieve Greater Naples of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Greater Naples hereunder, Greater Naples shall Packet Page -217- 9/8/2015 11.A. immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. If the initial or any subsequently issued Certificate of 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. 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 fully cooperate with Collier County's Public Utility Division for issues related to hydrant use, flow calculations, and testing. 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 parry 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. 14. TERMINATION OF AGREEMENT: This Agreement is intended to be an interim relationship pending the successful consolidation of the Isles of Capri Fire 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 Isles of Capri Fire District back to County control and management, and Greater Naples will continue to operate the Isles of Capri Fire 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 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. Packet Page -218- 9/8/2015 11.A. 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: 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 14575 Collier Blvd. Naples, Florida 34119 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 County shall provide a copy of the recorded document to Greater Naples. 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. Packet Page -219- ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk WITNESSES: 9/8/2015 11.A. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Un TIM NANCE CHAIRMAN GREATER NAPLES FIRE RESCUE DISTRICT t Af By: 5 �K i gna re t. Printed Name Sign�twe tt Printed Name Approved as to form and legality: Jeffrey A. Klatzkow County Attorney JEP E, CHAR Packet Page -220-