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Agenda 10/23/2012 Item #16E9 10/23/2012 Item 16.E.9. EXECUTIVE SUMMARY Recommendation to approve a budget amendment recognizing carryforward from FY 2012 for the Goodland Horr's Island MSTU Fund(149)in the amount of$944.95. OBJECTIVE: To allow unexpended funds in the FY 2012 Goodland Hon's Island MSTU Fund(149) to be carried forward and appropriated within the fund. CONSIDERATIONS: : Collier County Board of County Commissioners sets the millage rate for the Goodland Hon's Island MSTU. Due to its proximity, the Marco City Fire Department is funded to provide fire suppression services to the Goodland community via an inter-local agreement . In FY 2012, there was an increase in revenue resulting from ad valorem taxes greater than originally anticipated. According to the interlocal agreement,"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 costs." As such, the Marco City Fire Department is owed$944.95 over and above the original appropriated amount of$86,400. FISCAL IMPACT: The additional carry forward of$944.95 will be recognized and appropriated in the Goodland Fire District Fund (149) for payment for services rendered in FY 2012 by the Marco City Fire Department. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, raises no legal issues,and requires majority support for approval. -JAK GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this executive summary. RECOMMENDATION: That the Board approves the necessary budget amendment to recognize and appropriate $944.95 in unspent funds from the prior fiscal year within the Goodland Hon's Island MSTU Fund(149). Prepared By: Christine Boni, Senior Administrative Assistant Emergency Management Department Randy Greenwald,Budget Analyst,Office of Management&Budget Packet Page-1897- 10/23/2012 Item 16.E.9. COLLIER COUNTY Board of County Commissioners Item Number: 16.E.9. Item Summary: Recommendation to approve a budget amendment recognizing carryforward from FY 2012 for the Goodland Horr's Island MSTU Fund (149) in the amount of $944.95. Meeting Date: 10/23/2012 Prepared By Name: BoniChristine Title: Administrative Assistant, Senior, 10/5/2012 2:37:54 PM Submitted by Title: Administrative Assistant, Senior, Name: BoniChristine 10/5/2012 2:37:56 PM Approved By Name:pochopinpat Title: Administrative Assistant,Facilities Management Date: 10/5/2012 3:18:36 PM Name: PriceLen Title: Administrator, Administrative Services Date: 10/5/2012 3:54:08 PM Name:PriceLen Title: Administrator, Administrative Services Date: 10/5/2012 3:56:30 PM Name: SummersDan Title: Director-Bureau of Emergency Services, Date: 10/5/2012 4:05:46 PM Packet Page-1898- 10/23/2012 Item 16.E.9. Name: KlatzkowJeff Title: County Attorney Date: 10/10/2012 3:21:12 PM Name: KlatzkowJeff Title: County Attorney Date: 10/10/2012 3:36:14 PM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management&B Date: 10/11/2012 9:56:37 AM Name: OchsLeo Title: County Manager Date: 10/13/2012 12:48:17 PM csztkaY- Packet Page-1899- 10/23/2012 Item 16.E.9. INTERLOCAL AGREEMENT FOR FIRE AND RESCUE SERVICES This Agreement, made and entered into this of e_ , 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. -R 4713774 OR 4813 PG 2219 ,_ ORDED 7/5/2012 11:13 AM PAGES 5 Page 1 of 5 DWIGHT E. BROCK,CLERK OF THE CIRCUIT COURT Interlocal Fire/Rescue City of Marco COLLIER COUNTY FLORIDA REC$44.00 Packet Page-1900- 10/23/2012 Item 16.E.9. 3. 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 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 Party 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. Page 2 of 5 Inter!ocal Fire/Rescue City of Marco Packet Page-1901- . 10/23/2012 Item 16.E.9. 10. NON-APPROPRIATIONS CLAUSE: If for any reason the CITY or COUNTY's governing body does 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. The City of • stand,Florida Board of County Commissioners Collier County, Florida 1-L.11. (A). C,7- L_ By: /11rt."„ L/ .� By: a� nit -1/ eA et/vma h t=•�- GA w Na e and • • ' Fred W.Coyle, Chairniad Attest: ight E. Brock, Clerk of Court �2nC ' >q De•uty C' y Clerk -,Dep lerk a ai�T'MII •� "! 6111 to Approved as to form and legal Approve. _ o forma.• -:al Sufficie y for the City of Marco Island suffici= cy for • ie Cou By: ��G�%� ��'�^ _ By: �`�� City Attorney •unty A orney atata of fltoRIDA : HEREBY AT Web$tima :orrect cc , :a•decuf(Wale la Board Mirfa)ds • t; of tattler Comfy ITN . j j. nth : ' 4a �iiit this ti Hi t. ;.CIOrOF MKS ti:4 ler� . Page 3 of S koV' L�-. Y' M!!�'-�e, . r. i_—_v,iso Interlocal Fire Rescue City of Warco Packet Page-1902- 1 10/23/2012 Item 16.E.9. F. Exhibit A — — — -.^ea...r.lul 4amaon ha^.ne.:ar ,vy.0:7 .9■v -.M GeaalenAMae91Y jot; Art.alTewnwl '.� •..e.z:1 T r �- �' s s 0 ` K ' a 'r ski ."n,L,Y7.`.�T.*°-rs-in,V"' g. 'r` i 't-'...'"1:::'',1',.,:-. M,s,Y.mayy,-,A. '�!�'ii 4 .�'e - O '1 3 - :_x't4 i 9a.}'r4,.f d .f' '•d r " v Q i *t • } 4 Ci 1 .lF " , = - --.444114:-. 4::::- .::-11-7:".;;1...--0;ieo;e4E------. -":-;4"."--e"'-"C:t:---. 4...r.-- _ _ t '--- > --- r . - ,bx'.Z -- .i.t�'4 Page 4 of 4 Page 4 of 5 Interlocal Fire/Rescue City of Marco Packet Page-1903- 10/23/2012 Item 16.E.9. Colter County 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 County Commissioners annually subject to the ordained millage cap for this District. Page 5 of 5 Interlocal Fire,Rescue City of Marco Packet Page-1904- Proposed Agenda Changes Board of County Commissioners Meeting October 23,2012 Withdraw Item 11E: Recommendation to award a construction contract to Oldcastle Southern Group,Inc. (f/k/a APAC-Southeast,Inc.) for Bid No. 12-5948 -Immokalee Road Safety Improvements Project No. 60016.4,in the amount of$1,906,761.14. (Staff's request) Continue Item 16D6 to the November 13,2012 BCC Meeting: Recommendation to approve a budget amendment recognizing $199,478.74 in program income revenue generated when conveying properties acquired under the Neighborhood Stabilization Program (NSP1). (Staff's request) Add On Item 16E10: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to grant an extension to the current Certificate of Public Convenience and Necessity approved by the Board to Ambitrans Medical Transport, Inc., until December 13, 2012 or until such time that this renewal may be scheduled on the Board's regular agenda. (Staff's request) Move Item 16F1 to Item 11K: Recommendation to approve the Fiscal Year 2013 Strategic Plan for the Naples Marco Island,Everglades Convention & Visitors Bureau (CVB). (Commissioner Hiller's request) Move Item 16F4 to Item 11L: Recommendation to review and approve the proposed FY2012- 2013 Action Plan for Leo E. Ochs,Jr., County Manager. (Commissioner Hiller's request) Add On Item 16J3: Recommendation that the Board of County Commissioners order that the tax roll be extended pursuant to Section 197.323,Florida Statutes. (Staff's request) Note: Acid-©rt #l6Eto ('0( z. Patricia L. Morgan From: SummersDan <DanielSummers @colliergov.net> Sent: Thursday, October 18, 2012 3:11 PM To: Patricia L. Morgan Cc: Heinrichsberg, Kathy; Boni, Christine; Klatzkow, Jeff; Price, Len; Brock, Mary Jo Subject: Add-on item for October 23, 2012 BCC Attachments: BCC Agenda add-on BES 10.23.2012.pdf.pdf Trish Greetings... At the direction of the County Manager, please add the following item to your records for the upcoming Board of County Commissioners meeting. Thank you for the assistance, and my apologies for any last minute inconvenience.. Thanks again Dan Summers Dan E.Summers,CELL.FPEM,Director Collier County Bureau of Emergency Services 8075 Lely Cultural Parkway Suite 415 Naples,FL,34113 Ph:239-252-3600 Fax:239-252-3700 dansummers@colliergov.net If you choose to share personal information with Collier Bureau of Emergency Services and Emergency Management and its Departments and Divisions by using an e-mail message,we will use the information only for the purpose necessary to conduct government business with you.However,under Florida law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public-records request,do not send electronic mail to this agency. Instead contact the office or individual by phone or in writing. In addition,any information you provide may be saved for a designated period of time to comply with Florida's archiving policies and may be subject to disclosure as required by State or Federal law. Please note that Florida's public records law requires that all information received in connection with state business be made available to anyone upon request,unless the information is subject to a specific statutory exemption. .1 16Eto to(z3(I2 Co per County Bureau of Emergency Services MEMORANDUM TO: Chairman Fred Coyle County Commissioners Leo E.Ochs,Jr.,County Manager Trish Morgan,Minutes and Records Michael Sheffield,Business Operations,County Manager's Office FROM: Dan E.Summers,Director VIA: Len Price,Administrative Services Administrator DATE: October 18,2012 Transmitted: Via E-mail 10/18/2012 RE: Additional Item to Collier County Board of County Commissioners—16E10 Meeting for October 23,2012 The Collier County Bureau of Emergency Services via the County Manager's office is respectfully requesting the attached Executive Summary to be included as an additional item to the Board of County Commissioners meeting on October 23,2012. Please add the attached Executive Summary titled: Recommendation to grant an extension to the current Certificate of Public Convenience and Necessity approved by the Board to Ambitrans Medical Transport,Inc.,until December 13,2012 or until such time that this renewal may be scheduled on the Board's regular agenda. Please add this item to the agenda as 16E10. Thank you. CC: Mary Jo Brock, Executive Secretary to the County Manager Jeff Klatzkow,County Attorney 0`S 8075 Lely Cultural Parkway•Naples,Florida 34113.239-252-3600•FAX 239-3700•www.collierem.org Add On Item 16E10 October 23,2012 EXECUTIVE SUMMARY Recommendation to grant an extension to the current Certificate of Public Convenience and Necessity approved by the Board to Ambitrans Medical Transport, Inc., until December 13, 2012 or until such time that this renewal may be scheduled on the Board's regular agenda. OBJECTIVE: To grant an extension to the current annual Certificate of Public Convenience and Necessity issued by the Board of County Commissioners to Ambitrans which is set to expire on October 24, 2012. The extension of Ambitran's current certificate is being requested until December 13, 2012 due to a staff oversight on the Certificate's anniversary date. CONSIDERATIONS: Chapter 50 of the County's Code of Ordinances — Emergency Services defines the process by which a Certificate of Public Convenience and Necessity (COPCN) may be obtained. Staff erred in recording the annual anniversary date for the annual certificate. Staff inadvertently recorded Ambitran's service start date as its certificate renewal date. Ambitran was granted an annual Certificate of Public Convenience and Necessity on October 25, 2011 by the Board. Ambitran's service start date was on or about January 6, 2011 and staff inadvertently recorded that date as its annual anniversary date for the certificate granting. Staff received Ambitran's renewal application for 2012 recently in a timely manner for its annual renewal. Staff was in error scheduling that renewal to come before the Board in December in anticipation of a routine renewal for its start date anniversary as opposed to its certificate granting date as noted above. Staff will review controls and processes to mitigate this error and regrets the inconvenience to the Board and the applicant. FISCAL IMPACT: There is no fiscal impact'to the Board for the granting of this temporary extension. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. The Medical Transportation Services Ordinance provides, in relevant part, as follows: "Each certificate holder shall file within 90 days of expiration, an application for renewal of his certificate. Renewals shall be based upon the same standards, as the granting of the original certificate along with such other factors as may be relevant. The renewal application shall be accompanied by a$250.00 renewal fee. The renewal certificate may be approved routinely by the board, upon advice of the administrator,or the board may hold a hearing on same." (Ord.No. 04-12, § 10) Staff's request falls squarely within the parameters of the ordinance. Accordingly, this item is legally sufficient, requiring majority vote for approval. -JAK Add On Item 16E10 October 23, 2012 GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this executive summary. RECOMMENDATION:, The Board of County Commissioners grant an extension to the current Certificate of Public Convenience and Necessity for Ambitran's Medical Transport, Inc., set to expire on October 24, 2012 until December 13,2012 or until such time that this renewal may be scheduled on the Board's regular agenda. Prepared By: Dan E. Summers, Director of Emergency Services