Agenda 12/08/2015 Item #16E 212/8/2015 16.E.2.
EXECUTIVE SUMMARY
Recommendation to accept the distribution of funds from the Greater Naples Fire Rescue District
to the Ochopee Fire Control MSTU and the Isles of Capri Fire and Rescue MSTU resulting from
the sale of the former Fire Code Officials Office and approve the associated Hold Harmless and
Indemnification Agreement.
OBJECTIVE: To allocate funds from the sale of the former Fire Code Officials Office (FCO) asset
holdings to be distributed to Isles of Capri Fire MSTU and Ochopee Fire District MSTU.
CONSIDERATIONS: The North Naples Fire Control District and Rescue District, Golden Gate Fire
Control District, Big Corkscrew Fire Control and Rescue District, Immokalee Fire Control District, East
Naples Fire Control and rescue District, Ochopee Fire Control MSTU, and Isles of Capri Fire and Rescue
MSTU entered into an Interlocal Agreement for the operation and maintenance of the Fire Code Official
(FCO) office dated January 28, 2003. The Fire Code Officials Office collected fees from the plans review
for their operation. Presently the Administrative District and all remaining FCO participants have
determined it is in the best interest of the remaining parties to the Agreement that the Agreement be
terminated. The Agreement does not specify how to liquidate, divide, and distribute the assets of the
Agreement. The participants to the Agreement have hereby agreed to the following after a financial
review:
The FCO was administered by the East Naples Fire Control and Rescue District (ENFD). The FCO
building Deed was under the ENFD. The ENFD was merged and became part of the Greater Naples Fire
Control District (GNFR) and retained the administrative duties for the FCO. The Greater Naples Fire
Control District has transferred funds into the FCO operating account for the retention of the title for the
FCO building at the fair market value of $2,100,000 and assumed the contents of the former FCO for
$11,552. The FCO operating budget had $380,649.70 remaining in contingencies for a total fund balance
of $2,492,201.70. The Agreement requires the Administrative District (GNFR) to maintain an Other Post
Employment Benefit Plan (OPEB) for the former FCO office employees who served under the
Agreement. The cost of the OPEB is estimated at $617,000. After all expenses of the FCO Agreement
are paid and /or accounted for then the remaining funds estimated at $1,875,201.79 shall be reimbursed to
the Districts that participated during the Agreement as follows: 54% estimated at $1,012.608.97 to North
Naples Fire Control and Rescue District; 39.38% estimated at $738,454.46 to Greater Naples Fire Rescue
District; 4.10% estimated at $76,883.27 to Immokalee Fire Control District; 1.70% estimated at
$31,878.43 to the Isles of Capri Fire and Rescue MSTU and .82% estimated at $15,376.65 to the Ochopee
Fire Control MSTU.
The OPEB promised benefits final distribution is May 2020. Any funds left in the OPEB account at the
conclusion of the Promised benefit period will be distributed in the same percentages as the first
distribution to the participating districts.
The reimbursement of FCO asset funds to the participating districts is based on an accounting of the
percentages of monies collected by each District during the time of the Agreement. This distribution was
agreed upon by all districts that participated during the time of the Agreement.
Presently only the North Collier Fire Rescue District, formally the North Naples Fire Control and Rescue
District and the Big Corkscrew Island Fire Control and Rescue District, have signed the Hold Harmless
Agreement.
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12/8/2015 16.E.2.
FISCAL IMPACT: Ochopee Fire Control District MSTU to receive their share of .82% estimated to be
$15,376.65 and Isles of Capri Fire Rescue District MSTU 1.70% estimated to be $31,878.43.
GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with
this action.
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 of County Commissioners approves the Hold Harmless and
Indemnification Agreement from the Greater Naples Fire Rescue District for the distribution of funds to
Isles of Capri Fire District MSTU and to Ochopee Fire District MSTU.
Prepared by: Alan McLaughlin, Fire Chief, Ochopee Fire Control District
Attachments: Hold Harmless Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.2.
Item Summary: Recommendation to accept the distribution of funds from the Greater
Naples Fire Rescue District to the Ochopee Fire Control MSTU and the Isles of Capri Fire and
Rescue MSTU resulting from the sale of the former Fire Code Officials Office and approve the
associated Hold Harmless and Indemnification Agreement.
Meeting Date: 12/8/2015
Prepared By
Name: SwisherLinda
Title: Operations Coordinator, Ochopee Fire Control District
10/30/2015 3:11:15 PM
Submitted by
Title: Fire Chief, Ochopee Fire Control District
Name: McLaughlinAlan
10/30/2015 3:11:16 PM
Approved By
Name: SummersDan
Title: Division Director - Bureau of Emer Svc, Bureau of Emergency Services
Date: 10/30/2015 4:59:47 PM
Name: pochopinpat
Title: Operations Coordinator, Administrative Services Department
Date: 11/2/2015 8:34:42 AM
Name: McLaughlinAlan
Title: Fire Chief, Ochopee Fire Control District
Date: 11/2/2015 9:16:58 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/2/2015 9:22:37 AM
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12/8/2015 16.E.2.
Name: PriceLen
Title: Department Head - Administrative Svc, Administrative Services Department
Date: 11/16/2015 1:41:21 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/16/2015 2:19:13 PM
Name: WellsLaura
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 11/17/2015 3:24:27 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/18/2015 9:15:14 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 11/19/2015 11:18:10 AM
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RELEASE AND HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
This Release and Hold Harmless Agreement is hereby entered into by and between North
Collier Fire Control and Rescue District (former North Naples Fire Control and Rescue District
and Big Corkscrew Island Fire Control and Rescue District), Greater Naples Fire Rescue District
(former East Naples Fire Control and Rescue District and Golden Gate Fire Control and Rescue
District)(hereinafter the "Administrative District "), Ochopee Fie District, and Isles of Capri
Municipal Rescue and Fire Services Taxing District.
WHEREAS, the North Naples Fire Control and Rescue District, Golden Gate Fire
Control and Rescue District, Big Corkscrew Island Fire Control and Rescue District, Immokalee
Fire Control District, East Naples Fire Control and Rescue District, Ochopee Fire District, Isles
of Capri Municipal Rescue and Fire Services Taxing District entered into an Interlocal
Agreement for the operation of the Fire Code Official ( "FCO ") office dated January 28, 2003
(the "Agreement ");
WHEREAS, the Administrative District and all remaining FCO Participants have
determined it in the best interest of the remaining parties to the Agreement that the Agreement be
terminated in an orderly and controlled fashion including but not li nited to accounting for the
financial obligations of and the division and distribution of the assets of the FCO office;
WHEREAS, the Agreement requires the Administrative District to maintain an Other
Post Employment Benefit Plan (OPEB) for the FCO office employees who served under the
Agreement;
WHEREAS, the Agreement does not specify how to liquidate, divide, and distribute the
assets of the FCO amongst the participants to the Agreement upon the termination of the
Agreement;
NOW THEREFORE, the participants to the Agreement hereby agree as follows:
1. The above recitals are correct;
2. North Collier Fire Control and Rescue District (former North Naples Fire Control and
Rescue District and Big Corkscrew Island Fire Control and Rescue District), Ochopee
Fie District, and Isles of Capri Municipal Rescue and Fie Services Taxing District agree
that from and after May 29, 2015, the date on which the Administrative District placed its
own funds into the FCO office's Account equal to the fair market value of $2,100,000.00
of the property located at 2700 Horseshoe Drive North, Naples, Florida (the "Property "),
the title to the Property shall remain with the District, in its own name in fee simple for
its own designated use, and all expenses relating to the Property shall be borne by the
District for so long as the title remains with the District;
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3. After the all expenses of the FCO are paid and/or accounted for the then remaining funds
of the FCO office shall be distributed as follows: 54% thereof to North Collier Fire
Control and Rescue District (former North Naples Fire Control and Rescue District and
Big Corkscrew Island Fire Control and Rescue District); 39.38% thereof to Greater
Naples Fire Rescue District (former East Naples Fire Control and Rescue District and
Golden Gate Fire Control and Rescue District); 4.10% thereof to Immokalee Fire
Control District; .82% thereof to Ochopee Fire District; and 1.70% thereof to Isles of
Capri Municipal Rescue and Fire Services Taxing District;
4. North Collier Fire Control and Rescue District (former North Naples Fire Control and
Rescue District and Big Corkscrew Island Fire Control and Rescue District), Ochopee
Fire District, and Isles of Capri Municipal Rescue and Fire Services Taxing District
(collectively " Participants ") hereby remise, release, acquit, satisfy and forever discharge
the Administrative District from any and all manner of action and actions, cause and
causes of action, suits, debts, sums of money, accounts, controversies, agreements,
promises, variances, trespasses, damages, judgments, executions, claims and demands
whatsoever, in law or in equity, which the Participants ever had, now have, or hereafter
can, shall or may have, against the Administrative District, for upon or by reason of the
administration and operation of the FCO, from the beginning of the world to the day this
document is signed; and
5. All of the Participants hereby hold the Administrative District, its Commissioners, and its
employees harmless for all administrative activity conducted by the Administrative
District relating to the Agreement and operation of the FCO.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK
SIGNATURES APPEAR ON NEXT PAGE.
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Greater Naples Fire Rescue District
North Collier Fire Control and Rescue District
(former East Naples Fire Control and
(former North Naples Fire Control and Rescue
Rescue District and Golden Gate Fire
District and Big Corlcscrew Island Fire Control
Control and Rescue District)
and Rescue District)
By: Date
By: Date
Its:
Its:
Immokalee Fire Control District
Ochopee Fire District
By: Date
By: Date
Its:
Its:
Isles of Capri Municipal Rescue and Fire
Services Taxing District
By: Date
Its:
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