Loading...
HomeMy WebLinkAboutItem 09 Approval of Interlocal Agreement for Permit Inspection and Review and Fire Services with the Town of WindermereMeeting Date: August 1, 2023 Item #: 9 Contact Name: CJ VanCamp Department Director: Tom Smothers Contact Number: Ext. 2006 City Manager: Robert Frank Subject: Approval of Interlocal Agreement for Permit Inspection and Review and Fire Services with the Town of Windermere. (Deputy Fire Chief Van Camp) Background Summary: The Interlocal Agreement between the City of Ocoee and the Town of Windermere for Fire Services and for Permit Inspection and Review Services expired on September 30, 2022, but was extended for one year, as detailed in the agreement. Originally only covering permit inspection and review and fire services, the Town of Windermere requested adding EMS transport to the new agreement. The new agreement is for three (3) years with the option to be extended. The agreement covers provision of fire protection, fire suppression, emergency medical services and transport, emergency rescue, and fire investigation services, as well as public service incident responses and permit inspection and review services. Issue: Should the Honorable Mayor and City Commissioners approve to enter into an Interlocal Agreement for Permit Inspection and Review and Fire Services with the Town of Windermere? Recommendations: Staff recommends the Honorable Mayor and City Commissioners approve to enter into an Interlocal Agreement for Permit Inspection and Review and Fire Services with the Town of Windermere. Attachments: 1. 2023 Town of Windermere Interlocal Agreement with Exhibits Financial Impacts: Any permitting or inspection revenue collected will remain with the City of Ocoee. Fees for fire services shall be in the amount of $800,000, and shall increase the following second and third years by five percent (5%) or the percentage increase for the twelve-month period of the previous calender year of the Consumer Price Index, whichever is greater. Type of Item: Consent City of Ocoee .. Avenue - • •-- Florida 34761 Phone: www.ocoee.org Page 117 of 163 INTERLOCAL AGREEMENT FOR PERMIT INSPECTION AND REVIEW AND FIRE SERVICES THIS INTERLOCAL AGREEMENT (this "Agreement"), is entered into and effective as of October 1, 2023, by and between the CITY OF OCOEE, FLORIDA, a municipal corporation created by and existing under the laws of the State of Florida, whose mailing address is c/o Ocoee Fire Department, 563 South Bluford Avenue, Ocoee, Florida 34761 ("Ocoee"), and the TOWN OF WINDERMERE, FLORIDA, a municipal corporation created by and existing under the laws of the State of Florida, whose mailing address is 614 Main Street, Windermere, Florida 34786 ("Windermere"). WITNESSETH; WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by allowing them to cooperate with other localities on a basis of mutual advantage and thereby provide services and facilities that will harmonize geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, Ocoee presently has the manpower, equipment, and ability to process, review, and provide inspection relating to fire permits and plans on behalf of Windermere, and to provide fire investigation, hazard mitigation, fire code enforcement and other fire and emergency related services to Windermere; and WHEREAS, Ocoee desires to process, review, and provide inspection relating to fire permits and plans in exchange for the direct payment of fees by applicant and Windermere authorizes Ocoee to provide such services for its applicant and citizens; and WHEREAS, Ocoee desires to provide certain fire and emergency related services to Windermere in exchange for the payment of annual fees by Windermere and Windermere desires to purchase such services from Ocoee; and WHEREAS, the City Commission of Ocoee has authorized Ocoee to enter into this Agreement, and the Town Council of Windermere has authorized Windermere to enter into this Agreement. Page 118 of 163 NOW, THEREFORE, in consideration of the premises and the mutual promises, teens and conditions contained herein and of other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Windermere and Ocoee hereby agree as follows: 1. FIRE INSPECTION AND PERMIT REVIEW SERVICES: A. PrUX1512 of Services. Ocoee hereby agrees to process, review, and provide inspection relating to fire permits (with such services being collectively referred to as "Fire Permit Review Services"), to the citizens and properties located within the corporate limits of Windermere along with its provision of such services to the citizens and properties located within the corporate limits of Ocoee. As a result of this Agreement, Windermere will not provide fire permit review services directly to its citizens or properties located within its corporate limits. When applying for a fire permit, this Agreement authorizes Ocoee to collect all necessary application information and fees directly from applicants residing in or doing business in Windermere, including its citizens, at the time of application for a permit. This Agreement authorizes Ocoee to enforce the provisions of said permits. This Agreement is a contract for the provision of services and shall not, in any manner whatsoever, constitute a transfer of municipal home rule powers. This Agreement is solely an interlocal agreement to provide services authorized by Chapter 163, Florida Statutes. B. Pavment of Fees. At the time of an application for Fire Permit Review Services, applicants shall remit directly to Ocoee per Resolution 2018-021, which is attached hereto as Exhibit "A", with the updated fee schedule listed on Exhibit "B" , attached. These fees may be changed with 30 days written notice from Ocoee to Windermere. C. Scope of Services. The parties hereto agree as follows: (1) Ocoee Fire Department shall be the primary department authorized to engage in Fire Permit Review Services per this Agreement. Fees for all services are described in Exhibit "B", attached hereto. (2) Separate permits will be required for fire protection systems. (3) In addition to any fees paid by applicant to Ocoee at the time of application for a building permit, at the time of such application, the applicant shall also pay a nonrefundable plan review fee for review by the Ocoee Fire Page 119 of 163 Department, as described in Exhibit "B", attached hereto. In the event that the Ocoee Fire Department, upon initial inspection, shall find work not in compliance with the Florida Fire Prevention Code, the person doing said work shall promptly do everything necessary to bring said work within the requirements of the Florida Fire Prevention Code. The Ocoee Fire Department shall then, upon notice from such person, reinspect said work after payment of the fees outlined in Exhibit "B", attached hereto. D. Florida Fire Prevention Code. Inspections and Fire Permit Review Services set forth in this Agreement shall be conducted in accordance with Chapter 633, Florida Statutes, and the provisions of the current edition of the Fire Protection Code, adopted pursuant to state law. E. Inspection. Inspections required in the context of Fire Permit Review Services, as set forth in this section, are in addition to and shall not be construed to conflict with the annual fire inspections on commercial properties referenced in Section 2 of this Agreement. Inspections shall be conducted by and through Ocoee Fire Department and Fire Department officers and employees. F. Duties and Level of Service, Ocoee shall provide substantially the same Fire PemvtReview Services for residents of Windermere that are available and provided to the residents of Ocoee. The rendition of service, standards of performance, and other matters incident to performance of services and control of personnel will be controlled exclusively by Ocoee. Additionally, during the performance of Fire Pcrimit Review Services for citizens and applicants of Winderincre, all officers and employees of Ocoee shall perform only those functions that are within the scope of the duties and responsibilities of such officer or employee in the perforrnance of such Fire Permit Review Services for Ocoee. This Agreement shall not be construed to impose any obligation, duty or responsibility whatsoever on Ocoee to provide any specific types, kinds, or numbers of personnel or equipment within the corporate limits of Windermere at any specific time. 2. FIRE SERVICES: A. Provision of Services. Ocoee hereby agrees to provide Fire Protection Services, Fire Suppression Services, Emergency Medical Services & Transportation, Emergency Rescue Services, Fire Investigation Services and Public Service Incident Responses (with such services being defined herein and collectively referred to as the "Fire Services"), to the citizens and properties located within the corporate limits of Page 120 of 163 Windermere along with its provision of such services to the citizens and properties located within the corporate limits of Ocoee. As a result of this Agreement, Windermere does not intend to provide Fire Services directly to its citizens and properties located within its corporate limits. Windermere hereby agrees to pay certain fees, as hereinafter defined, to Ocoee for the provision of such Fire Services by Ocoee during the term of this Agreement. This Agreement is a contract for the provision of services and shall not, in any manner whatsoever, constitute a transfer of municipal home rule powers. This Agreement is solely an interlocal agreement to provide services authorized by Chapter 163, Florida Statutes. B. Definitions: L Emergency __Medical __Services & Transportation. -Timely response to an incident requiring medical aid by qualified personnel and properly equipped emergency vehicles in order to provide first aid, basic life support, advanced life support, transportation of patients to appropriate emergency facilities, and other related services. ii. F.merQencv Rescue Services. - Timely response of qualified personnel and equipment to mitigate a threat to life or property caused by unusual conditions or accidents, including, but not limited to, automobile accidents, industrial/agricultural accidents, and accidents involving building structural failure. iii. Fire Investigation Services; - The investigation into the source, cause and circumstances of fire incidents. iv. Fire Protection Services. -All public services which areprovided toprotect people and property from damage and harm caused by fire, smoke and heat, which include, but are not limited to, fire prevention activities, fire inspection, fire safety education, fire control or suppression, and responses to cmei'gencies involving hazardous materials. Fire inspections shall be limited to annual fire inspections on commercial properties and shall not be deemed to include the inspection/testing of fire hydrants. (Refer to Section 1, above, for Permit Inspection and Review Services regarding initial plan and/or building permit reviews.) Fire safety education shall be limited to providing fire safety literature, bulletins and community outreach programs, upon request and subject to availability, to schools, churches and governmental buildings Page 121 of 163 substantially consistent with and with similar frequency to those provided in Ocoee at schools, churches and governmental buildings. Responses to emergencies involving hazardous materials shall be limited to first response clean-up only subject to capabilities based on the substance and shall not be deemed to include substantive site clean-up or product or soil removal, v. Fire Suppression Services. - Immediate response by qualified personnel with properly equipped apparatus to a tlufcat to life or property caused by the release of smoke, fire or hcat, for the purpose of eliminating that hazard. A. Public Service incident Response, —That service resulting from a request for non - emergency assistance by an individual which may include, but is not limited to, the following: a. provision of non -emergency assistance to an individual who is locked -in or locked -out from a vehicle or a structure; b. provision of assistance and supervision regarding the maintenance, installation, repair, or operation of a fire protection system in a residential or commercial building or structure; and C. provision of assistance to the general public regarding fire prevention and safety. C, Tanker. The parties acknowledge that Windermere owns a tanker truck that is currently being housed at Ocoee's fire station on Maguire Road. Under this Agreement, Windermere shall continue to own the tanker truck and will insure the same, naming Ocoee as an additional insured, Ocoee shall have the right to use the tanker truck in its normal day-to-day activities in providing the Fire Services in Windermere and in Ocoee. During the term of this Agreement, Ocoee agrees to be responsible for the routine maintenance and repair of the tanker truck and shall continue to house the tanker truck at the fire station on Maguire Road or such other location as determined by Ocoee. D. Administrative Arent. Ocoee hereby agrees to administer this Agreement by and through its Fire Department and Fire Department officers and employees. Page 122 of 163 E. Duties and Level of Service, Ocoee shall provide substantially the same Fire Services for residents of Windermere that are available and provided to the residents of Ocoee. The rendition of service, standards of performance, discipline of officers and employees, and other matters incident to performance of services and control of personnel will be controlled exclusively by Ocoee. Additionally, during the performance of Fire Services for Windermere, all officers and employees of Ocoee shall perform only those functions that are within the scope of the duties and responsibilities of such officer or employee in the performance of such Fire Services for Ocoee. This Agreement shall not be construed to impose any obligation, duty or responsibility whatsoever on Ocoee to provide any specific types, kinds, or numbers of fire or emergency personnel, equipment or apparatus at any fire station or other facility in Ocoee or at any emergency scene within the corporate limits of Windermere at any specific time. F. Payment of Fees. Windermere hereby agrees to pay to Ocoee ail annual fee (collectively, the "Fees") for the provision of Fire Services pursuant to the terms and conditions of this Agreement. The annual Fees in the amount of $800,000.00 for the first year of this Agreement shall be remitted in two (2) equal biannual payments and shall be due and payable to Ocoee on February 1 and May I for each year of this Agreement, with the first payment of $400,000 being due and payable on February 1, 2024 and the second payment of $400,000 being due and payable on May 1, 2024. The Fees shall increase for both the second year and for the third year by the greater of (i) 5%, or (ii) the percentage increase for the twelve-month period of such previous calendar year of the "CPI-W". For purposes hereof, the "CPI-W" means the Consumer Price Index for Urban Wage Earners and Clerical Workers, as published by the United States Department of Labor, Bureau of Labor Statistics, or, in the event that publication of such index is terminated, any successor or substitute index, appropriately adjusted, acceptable to both parties." In the event this Agreement is extended beyond the Initial Term, the Fees for each year shall increase by three percent (3%) over the Fees for the prior year, unless the parties agree to different Fees amount as pail of the extension of the term. In the event payment is not made on a timely basis, a late charge at the rate of twelve percent (12%) per annum shall be added to Windermere's Fees due and owing to Ocoee. Interest shall be compounded and Page 123 of 163 computed daily, based on a 365-day year, commencing the first calendar day after the due date. If payment is more than thirty (30) days delinquent, Ocoee may terminate this Agreement as provided herein. G. Ancillary Fees/Char,. The parties acknowledge and agree that Ocoee may invoice, collect, and retain fees from Windermere residents for EMS transportation, as well as collect from residents and businesses based on false alarm fees in accordance with the fee schedules adopted by Ocoee. Ocoee may also invoice, collect, and retain fees from residents or businesses within Windermere whose negligent or unlawful acts cause an incident resulting in an emergency response. 3. L=1nvee StatEL-u Persons employed by Ocoee in the performance of this Agreement shall remain employees of Ocoee for all purposes and shall not have any claims against Windermere for pension rights, workers' compensation, unemployment compensation, civil service rights, or other employees' rights or privileges granted by Federal, state or local law or by Windermere to its officers and employees. Further, Ocoee agrees that Windermere shall assume no liability for the payment of salary, wages, or other compensation or entitlement to officers, agents, or employees of Ocoee who perform Fire Permit Review Services o r Fire Services to Windermere as provided in this Agreement. 4. Agency Relationship. For the purposes of this Agreement, Ocoee shall be an agent of Windermere entitled to exercise all municipal and corporate powers of Windermere in the same manner as if the Fire Permit Review Services or Fire Services and other related services set forth herein were being performed by employees of Windermere. 5. Equal EmUloyment. Ocoee hereby acknowledges that it adheres to the policies and regulations of the Equal Employment Opportunity Commission as set forth in Chapter XIV of the Code of Federal Regulations which provide forthe equality of opportunity, both before and during employment with any local department or agency, for all applicants and ctnployees, regardless of race, color, sex, religion, national origin, marital status, or other similar factors that are not job related. Such policy applies to all levels of employment forOcoee and to all job classifications. In addition, it is the responsibility of each division within Ocoee and each department head or supervisor to give the non-discrimination policy full support by leadership and by personal example. Further, it is the duty of each employee to help maintain the work environment which Page 124 of 163 is conducive to and which effectuates Ocoee's commitment and philosophy to equal employment opportunity. 6. Cooneratlon. To facilitate performance of this Agreement, Ocoee hereby agrees to fiilly cooperate with Windermere with regard to the provision of Fire Pemut Review Services and Fire Services, and Windermere hereby agrees to fully cooperate with Ocoee regarding the same. 7. Term of Agreement, This Agreement shall be effective for a period of three (3) years commencing on October 1, 2023 and expiring on September 30, 2026 (the "Initial Term"), unless otherwise terminated as provided below. Upon the expiration of the Initial Term or upon the expiration of each subsequent one-year period thereafter, the term of this Agreement may be extended for an additional period of one (1)ycar upon the receipt by Ocoee of Windermere's written notice of intention to extend this Agreement. Such notice must be delivered to Ocoee on or before January 1, 2026 with respect to the Initial Term and on or before January 1 st of each year thereafter with respect to any renewal terms in order to allow each City to adjust its respective budget by March 1 st for the next fiscal year. Upon receipt of such notice of Windermere's intention to extend the then terns of this Agreement, Ocoee may, at its sole option, elect to terminate this Agreement at the end of the current term or to extend this Agreement for an additional one-year term, all by written notice to Windermere delivered within forty-five (45) days of receipt of notice from Windermere of its intention to extend this Agreement. For purposes hereof, "term" shall mean the Initial Term and any subsequent one-year extension of this Agreement. Additionally, for the purposes hereof "year" shall mean each contract year of this Agreement which commences on October 1st and ends on the following September 30th and corresponds to the fiscal years of Ocoee and Windermere. S. Disputes. If a dispute arises regarding the services rendered cinder this Agreement, then the City Managers of Ocoee and Windermere shall proceed in good faith to resolve any such dispute. In the event that the disputed matter is not resolved to the satisfaction of the parties, each party may avail itself to the remedies available at law or in equity. This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce this Agreement shall be held in Orange County, Florida. 9. Annexafloi A. Windermere shall keep Ocoee advised regarding annexations and the corporate limits of Page 125 of 163 Windermere in order that Ocoee may provide Fire PemnitReview Services and Fire Services to properties added to Windermere subsequent to the date hereof. Ocoee shall not be obligated to provide Fite Permit Review Services and Fire Services to properties annexed into the corporate limits of Windermere unless and until Ocoee receives from Windermere written notice of such annexations along with a street address for such properties. S. The parties agree that the Fire Services fees, as provided in Section 2F of this Agreement, are based on Ocoee providing Fire Services in the corporate limits of Windermere as of the effective date of this Agreement. In the event the corporate limits of Windermere are expanded significantly due to the annexation of multiple properties and/or subdivisions, the Fire Services fees provided in Section 2F shall be renegotiated and adjusted accordingly. Provision of services and the adjustment of Fire Services fees shall only become effective upon the execution of an amendment to this Agreement by both parties, 10. Terminati©n. (A) This Agreement shall expire at the end of the term unless one party shall notify the other party by one-year written notice of its intention to terminate this Agreement, in which event the term of this Agreement shall expire on the first September 30th following the end of the one-year notice period. (B) Further, the term may be terminated by either party in the event that tine other party shall violate or fail to perform any material obligation of such party under this Agreement, and such violation or failure shall continue for a period of sixty (60) days after notification of such breach by the other party. Such termination shall be effective not less than ninety (90) nor more than one hundred twenty (120) days after delivery of written notice of termination to the breaching party; provided, however, with regard to Fire Services, if Ocoee terminates this Agreement pursuant to this subsection, Windermere shall be obligated to pay to Ocoee on a pro-rata basis for the services rendered in any partial year and Ocoee agrees to continue providing the Fire Services until either Windermere has obtained replacement Fire Services or has had an adequate period of time to obtain such replacement Fire Services. 11. Notices. All notices required to be given under this Agreement shall be in writing, and deemed Page 126 of 163 sufficient to each party when sent by Certified United States Mail, return receipt, to the City Manager of the other party. 12. Amendment. Except for changes in Fire Permit Review Services fees, as described in section I.B. and 9.A. of this Agreement, this Agreement shall be modified, amended or altered only by an instrument in writing signed by both parties, and such execution by Windermere shall be valid and binding against Windermere only if expressly approved by its Town Council at a legally valid meeting thereof and such execution by Ocoee shall be valid and binding against Ocoee only if expressly approved by its City Commission at a legally valid meeting thereof, and provided the execution of such amendment conforms to all the federal, state and local laws, rules, procedures and ordinances applicable to the execution of this Agreement. 13. Eil il-C. Agreement. The Agreement contains the entire agreement between Ocoee and Windermere with respect to the subject matters hereof and supersedes any prior agreements or understandings, written or oral, between the parties. The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial constraint, be construed more severely against one of the parties than the other. Neither party shall assign, delegate, or otherwise transfer its rights and obligations as set forth in this Agreement to any other entity without the prior written consent of the other. 14. Filing, This Agreement and subsequent amendments thereto shall be filed by the parties with the cleric of the Circuit Court of Orange County, Florida, in conformance with Section 163.01(11), Florida Statutes. Page 127 of 163 IN WITNESS WHEREOF, the parties hereto set their hands and seals, all on the day and year first above written. ATTEST: APPROVED: Melanie Sibbitt, City Cleric (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS DAY OF , 2023 SHUFFIELD, LOWMAN & WILSON, P.A. By: City Attorney ATTEST: r' Town C E rk (SEAL) FOR USE AND .RELIANCE ONLY BY THE TOWN Of WJNDEREMERE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS P"' DAY OF,:X11 , 2023 By; �/?11- bs Town Attorney CITY OF OCOEE, FLORIDA Rusty Johnson, Mayor APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 2023 , UNDER AGENDA ITEM NO. APPROVED: OF WINDERMERE, FLORIDA APPROVED BY THE WINDERMERE TOWN COUNCIL AT A MEETING HELD ON 1. , 2023, UNDER AGENDA ITW NO. /1 K p i , Page 128 of 163 Page 129 of A63 EXHIBIT A Resolution 2018-021 Page 130 of 163 RESOLUTION NO. 2018-02I A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ADOPTING A SCHEDULE OF RATES, CHARGES, AND FEES FOR FIRE PREVENTION AND EMERGENCY GROUND MEDICAL TRANSPORT AND RELATED SERVICES PROVIDED BY THE CITY IN ACCORDANCE WITH CHAPTER 78 OF THE CITY OF OCOEE CODE OF ORDINANCES; PROVIDING FOR ANNUAL ADJUSTMENT IN ACCORDANCE WITH THE CPI; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, since 1957, the Ocoee Fire Department has continuously existed as a duly constituted and organized department of the City of Ocoee, and WHEREAS, the City of Ocoee Charter recognizes the authority of the City to provide for police, tire, sanitary, and similar protection and services to its visitors and citizens; and WHEREAS, on June 19, 20 18, the City Commission of the City of Ocoee ("City Commission") determined that it is in the interest of the public health, safety, and welfare of the visitors and citizens of the City to provide emergency ground medical transport and related services directly through the Ocoee Fire Department; and WHEREAS, on December 4, 2018, the City Commission adopted an ordinance substantially amending Chapter 78, City of Ocoee Code of Ordinances, relating to fire prevention and emergency medical response; and WHEREAS, Chapter 78, City of Ocoee Code of Ordinances, as amended, authorizes the City Commission to adopt a uniform schedule of rates, charges, and fees to be imposed and collected by the City for the provision of fire prevention services, as well as emergency ground medical transport and related services; and Page 131 of 163 WHEREAS, the City Commission wishes to establish uniform reasonable rates, charges, and fees to be imposed and collected for certain fire prevention services and emergency ground medical transport and related services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS; SECTION 1. Recitals. The foregoing recitals are hereby affirmed and ratified. SECTION 2. Authorlty. The City Commission has the authority to adopt this Resolution pursuant to Article ME of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 3. Rates for Fire prevention and Emeencv Medical Transnart Services. The City Commission formally adopts the following fee schedule for fire prevention and emergency ground medical transport and related services, as follows: Plan Review and Permit Fees (Section 78-9): '/4 of 1 % of value of construction. Permit Fee -- $30.00 + $4.50 per $1,000 of valuation Method of payment: Exact cash amount or check payable to the City of Ocoee Re -inspection Fee (as needed) (Section 78-I0): First occurrence -- $25.00 Second occurrence -- $40.00 Third occurrence -- $40.00 Fourth occurrence -- $100.00 Fireworks (Section 78-I3). Temporary Retail Sales -- $100.00 -2- Page 132 of 163 Emergency Medical Response (EMS) (Section 79-14); EMS Transport (plus per mile charge listed below) Basic Life Support (BLS) -- $514.00 Advance Life Support I (ALS) -- $863.00 Specialty Care Support I (SCS) -- $863.00 Advance Life Support 11(ALS 10 -- $808.00 Per Mile Charge -- $13.00 Medically Indigent Fee (BLS, ALS, ALS 11, SCS) Medicaid Rate Schedule *Medically indigent status is determined by the hospital, provided the responsible party submits a letter from the hospital indicating medical indigencelhardsbip. SECTION 4. Annual Adiustment. Beginning in Fiscal Year 2019, fees shall be increased by an annual percentage increase in the consumer price index (CPT -I, as developed by the Bureau of Labor Statistics of the D. S. Department of Labor) as compared to the previous ym. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. Effective Date, This Resolution sha11 become effective immediately upon passage and adoption. (Signatures to follow] ..3- Page 133 of 163 Exhibit B Ocoee Fire Department Fire Prevention and Emergency Medical Transport Fees Effective October 2022 Fire Prevention Plan Review Fee Permit Fee Re --Inspection Fee Fireworks Emergency Medical Transport (EMS) Fee Type EMS Transport (plus per mile charge listed below) Basic Life Support (BLS) Advance Life Support I (ALS) Specialty Care Support I (SCS) Advance Life Support II (ALS 11) Per Mile Charge Medically Indigent Fee (BLS, ALS, ALS 11, SCS) '/a of 1% of value of construction $30.00 + $4.60 per $1,000 of valuation First Occurrence $25.00 Second Occurrence $40,00 Third Occurrence $40.00 Fourth Occurrence $1 00.00 Temporary Retail Sales $100.00 Cost $572.00 $959.00 $959.00 $898.00 $16,00 Medicaid Rate Schedule Page 134 of 163