Agenda 06/26/2012 Item #16F 4Recommendation to approve Interiocal Agreement Ne. 14- -5834 between. Collier CounrN ane the
City of Marco Island to provide fire protection and rescue services to the unincorporated area of
the County known as Goodland.
OBJECTIVE: To obtain the Board's approval to enter into an Interlocal Agreement between Collier
County ( "County ") and the City of Marco Island ( "Marco ") to provide fire and rescue services for the
unincorporated area of the County known as Goodland.
CONSIDERATIONS: The City of Marco Island has provided fire protection and rescue services to
the Goodland area through an interlocal agreement with the County. These fire protection services
are funded by the Goodland/Horr's Island Fire District whose millage rate is set by the Collier County
Board of County Commissioners. Historically, the Marco City Fire Department has provided these fire
suppression services to Goodland due to its close proximity.
The County aggressively pursued an amendment to extend the most recent agreement prior to its
September 30, 2011 expiration date but was unable to obtain Marco's approval. In part, staff
encountered difficulties in gaining Marco's approval due to issues associated with the annual cost
to provide services. In recent years, the Goodland Fire District encountered a significant decrease
in ad valorem revenue sufficient to cover the previous contract's $102,415.00 annual cost to
provide service. That, combined with the unpredictability of future tax dollars, delayed reaching a
new agreement with Marco. Regardless, Marco agreed to continue providing services to the
Goodland area while it engaged in good faith negotiations to reach a new agreement. As a result,
staff is asking that the agreement be approved with an October 1, 2011, effective date.
The proposed agreement, which was approved by the Marco City Council on May 21, 2012, includes
new terms of payment tied to the annual millage collections from the Fire District, less any
administrative costs and fees. In consideration for that payment arrangement, Marco agrees to provide
emergency and non - emergency fire protection and rescue services consistent with the services
provided on Marco Island.
FISCAL IMPACT: Payment to Marco from the County shall be that sum collected annually from
the adopted millage rate for the Goodland Fire MSTU, as set by the Board minus any administrative
fees and net cost paid to the property appraiser, tax collector as well as any other associated fees and
cost.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's
Office, is legally sufficient for Board action and only requires a. majority vote for approval —SRT.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this Executive Summary.
STAFF RECOMMENDATION: That the Board of County Commissioners approve and authorize
the Chairman to execute the Interlocal Agreement No. 12 -5834 with the City of Marco Island for the
provision of fire and rescue services within the Goodland service area.
PREPARED BY: Dan E. Summers, Director of Emergency Services
Attachment: Interlocal Agreement for Fire and Rescue Services
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COLLIER COUNT
Board of County Commissioners
Item Number: 16.F.4.
Item Summary: Recommendation to approve Interlocal Agreement No. 12 -5834 between
Collier County and the City of Marco Island to provide fire protection and rescue services to the
unincorporated area of the County known as Goodland.
Meeting Date: 6/26/2012
Prepared By
Name: BayArtie
Title: Supervisor - Accounting,EMS Operations
6/13/2012 11:09:00 AM
Submitted by
Title: Director - Bureau of Emergency Services,
Name: SummersDan
6/13/2012 11:09:02 AM
Approved By
Name: DeLeonDiana
Title: Contracts Technician, Purchasing
Date: 6/15/2012 2:42:20 PM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 6/15/2012 4:25:56 PM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 6/15/2012 4:45:19 PM
Name: SummersDan
Title: Director - Bureau of Emergency Services,
Date: 6/18/2012 3:00:25 PM
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Name: MuckelCynthia
Title: Applications Analyst,Information Technology
Date: 6/20/2012 10:01:50 AM
Name: MuckelCynthia
Title: Applications Analyst,lnformation Technology
Date: 6/20/2012 10:20:20 AM
Name: OchsLeo
Title: County Manager
Date: 6/20/2012 10:42:16 AM
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INTERLOCAL AGREEMENT FOR FIRE AND RESCUE SERVICEL
This Agreement, made and entered into this of , 2012 by and between the Board of
County Commissioners of Collier County, Florida, (hereinafter referred to as the "COUNTY"), and the City
of Marco Island, Florida, (hereinafter referred to as "CITY ").
WHEREAS, it is the desire of the COUNTY to provide fire protection to Goodland in Collier County,
Florida, as more specifically identified in the Service Area map attached hereto as Exhibit "A;" and
WHEREAS, the COUNTY desires to provide said fire protection to a portion of unincorporated Collier
County by agreement with the CITY, and;
WHEREAS, the above referenced portion of the COUNTY shall hereinafter be referred to as the "Service
Area ", as further delineated on the Service Area map attached as Exhibit "A. It shall be within the
following boundaries: The unincorporated area of the COUNTY known as Goodland.
NOW THEREFORE,
In consideration of the mutual covenants contained herein the parties hereby agree as follows:
1. TERM OF AGREEMENT: This Agreement shall commence on October 1, 2011 and will continue
for a period of three (3) years .ending on September 30, 2014. Thereafter, this agreement may be
renewed for three (3) additional one (1) year terms under the same covenants, terms and conditions,
unless either party desires to terminate or renegotiate this agreement. In the event either party desires
to terminate or renegotiate this agreement, it shall provide written notice of its intention to the other
party not less than ninety (90) days prior. If the CITY terminates, the CITY will continue such service for a
reasonable period of time to allow the COUNTY to provide alternative fire and rescue protection. The
maximum length of such reasonable period shall be six (6) months after the termination of the Contract
by the CITY. Payment for services during the six (6) month period beyond the expiration date will be
based on the monthly prorated amount of the annual contract period. In the absence of the ninety (90)
day prior written notice of intent to terminate the Agreement by either party, the Contract shall
continue in force until written notice is given, or until the Contract is renegotiated on terms mutually
agreed upon by the parties.
2. TERMS OF PAYMENT: The COUNTY agrees to pay the CITY for the provision of the services
contained within Section 3 "Service Level," in two separate payments during each fiscal year this
agreement is in effect. The County will remit the first payment during the month of April, prior to April
30th, and the second payment during the month of September, prior to the close of the fiscal year on
September 30th. The payment amount shall be that sum collected annually from the adopted millage
rate for the Goodland Fire District, as set by the Collier County Board of County Commissioners, minus
any administrative fees, and net of costs required to be paid to the property appraiser, tax collector as
well as any other associated fees and cost. The millage rate set by the Board of County Commissioners
each year is subject to the ordained millage cap for the District.
Each year of the Agreement, COUNTY will notify the CITY of the adopted annual millage rate in July;
with notice of the adopted annual millage rate in a form consistent with Exhibit "B" which states the
FY12 adopted millage rate.
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SERVICE LEVEL: The CITY agrees to provide fire protection and rescue services to the service
area by the City of Marco Island Fire /Rescue Department and equipment available at the time of any
emergency call. All decisions on manpower and equipment will be made by the Marco Island Fire Chief,
or in his absence, by one of his assistants. The City of Marco Island Fire /Rescue Department shall
perform the services with modem firefighting practices and consistent with the services generally being
provided to the City of Marco Island. Fire protection and rescue services provided by the CITY will
include all emergency and non - emergency services normally performed by the Fire Department,
including all those services required by law. This Agreement does not alter the Mutual Aid Agreement
between the CITY and COUNTY.
4. COMMAND AT FIRE SCENE: The Marco Island Fire Chief, or in his absence, one of his assistants,
shall assume control and responsibility of all fire or other applicable emergencies in the Service Area
where the CITY has responded.
5. EQUiPMENT AND PERSONNEL: The CITY shall maintain equipment and personnel necessary to
provide adequate fire protection and rescue services to the service area. The CITY shall be responsible
for properly training all of said personnel.
6. RECORDS: The CiTY agrees to maintain records on all responses and provide statistics as
necessary.
7. BREACH OF CONTRACT: Non - compliance with any provision of this Agreement by either party
shall constitute a material breach. The breaching party shall have seven (7) days after receipt of written
notice of any breach to correct that breach, or if corrections cannot be made within the seven (7) day
period, a reasonable agreed upon time shall be given to correct the breach. In the event the breach
cannot be cured within such time periods, the non - breaching party may declare the contract
terminated, and shall so notify the other party in writing. In such event, an adjustment in the contract
payment shall be made based upon a monthly- prorated amount of the annual contract payment.
8. CONSENT OF THE PARTIES: The CITY hereby agrees not to enter into a contract for fire
protection and rescue services with any individuals or organizations within the service area of Collier
County without the written consent of the COUNTY.
9. INDEMNITY AND INSURANCE:
A. INDEMNIFICATION. While operating under the terms of this Agreement, each Party
shall bear liability as provided by applicable law and the terms of this Agreement. Each Party shall be
liable for its own actions and negligence and, to the extent permitted by law, each Party shall indemnify,
defend and hold harmless the other Parry against any actions, claims or damages arising out of their
negligence in connection with the performance of the Agreement. The foregoing indemnification shall
not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Fla. Stat.,
nor shall the same be construed to constitute agreement by either Party to indemnify the other Party
for such other Party's negligent, willful or intentional acts or omissions.
B. LIABILITY INSURANCE. The CITY covenants to keep in force during the period of this
agreement adequate public liability insurance and property damage insurance.
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Interlocal Fire, Rescue C by gfAlarco
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1G' NON- APPRODRIATIONS CLAUSE: 1= fo: anv reason the CITY or COUNTY's governing boat
noes not approve the funds to implement this contract in any given fiscal year, the contract shall be null
and void.
11. NOTICES: Any notices permitted or required by this Agreement shall be in writing and
submitted by certified mail, return receipt requested, to one of the following addresses, as appropriate
a) Notices from the CITY to the COUNTY shall be sent to: Leo E. Ochs, Jr., County Manager,
3299 E. Tamiami Trail, Building F, Suite 202 Naples, Florida 34112.
b) Notices from the COUNTY to the CITY shall be sent to: Dr. James Riviere, City Manager,
City Hall, 50 Bald Eagle Drive, Marco Island, Florida 34145.
IN WITNESS WHEREOF, the parties hereto, through their duly authorized representatives, have
executed this Interlocal Agreement for Fire and Rescue Services.
Z- /r=
. f Mfr Deputy CiyEy Clerk
i
'rr' a ;r7
Approved as to form and legal
Suff
Byic y for the City of Marco Island
: ien _
City Attorney
Board of County Commissioners
Collier County, Florida
By:
Fred W. Coyle, Chairman
Attest:
Dwight E. Brock, Clerk of Courts
By:
,Deputy Clerk
Approved as to form and legal
sufficiency for Collier County
By:
County Attorney
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Interlocal Fire-Rescue Cin,of.41arco
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C. ft'xer C014ntv
Exhibit "B"
The FY 2012 adopted millage rate for the Goodland Fire District is $1.2760 per
$1,000 of taxable value. This rate is set by the Collier County Board of Count),
Commissioners annually subject to the ordained millage cap for this District..
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Interlocal hre,,Rescue Cin qflfarco
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