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HomeMy WebLinkAboutItem #13 Approval of Fire Service Agreement Between the City of Ocoee and the Town of Windermere1kaYoz./t� oco( e florida AGENDA ITEM COVER SHEET Meeting Date: December 2, 2014 Contact Name: Item # 1 2) Reviewed By: Tim Hoover, Interim Fire Department Director: Chief 407 - 905 -3140 Contact Number City Manager: Subject: Approval of the Fire Service Agreement between the City of 09oee and the Town of Windermere. Background Summary: The agreement in question is a renewal of the current agreement for fire services between Town of Windermere and the Ocoee Fire Department. This is a five -year agreement for the provision of fire services, commencing with the start of fiscal year on October 1, 2014 and terminating with the completion of the fiscal year ending September 30, 2019. The services to be provided through this agreement include Fire Protection Services, Fire Suppression Services, Emergency Medical Services, Emergency Rescue Services, Fire Investigation Services and Public Service Incident Responses. Issue: The current contract through the Town of Windermere for fire services did expire on September 30, 2014 and the renewal of this agreement is necessary in order to continue to receive fire services from the Ocoee Fire Department. Recommendations Staff recommends the approval of this agreement in order for the Ocoee Fire Department to continue with the current Fire Services provided to the Town of Windermere. Attachments: Attached is the Interlocal Agreement for Fire Service between Town of Windermere, Florida and City of Ocoee, Florida. Financial Impact: For fiscal year one (10/01/2014- 09/30/2015) the revenue generated will be $400,000.00, which is budgeted. The revenue for the remaining four years will increase by $50,000.00 per year, with the fifth year's total revenue being $600,000 . Type of Item: (please mark with an z') Public Hearing Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's Dept Use: Consent Agenda Public Hearing Regular Agenda Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by () N/A N/A N/A 2 614 Main Street Windermere, FL 34786 Office: (407) 876 -2563 Fax: (407) 876-0103 fliallor GARY BRIIIIIN November 18, 2014 Mr. Robert Frank, City Manager City of Ocoee 150 N. Lakeshore DR Ocoee, FL 34761 -2223 Dear Mr. Frank, Enclosed are two originals of the Fire Service Agreement between the City of Ocoee and the Town of Windermere that was approved by the Town Council on November 11, 2014. Once all signatures have been obtained, please return one original to the Town of Windermere. Should you have any questions or concerns, do not hesitate to contact me. Regards, /Robert Smith Town Manager rs /d b enclosure INTERLOCAL AGREEMENT FOR FIRE SERVICES THIS INTERLOCAL AGREEMENT (this "Agreement "), is entered into and effective as of October 1, 2014, 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 P.O. Drawer 669, 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 provide certain fire and emergency related services to Windermere; 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. NOW, THEREFORE, in consideration of the premises and the mutual promises, terms 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. Provision of Services. Ocoee hereby agrees to provide Fire Protection Services, Fire Suppression Services, Emergency Medical Services, 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 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. 2. Definitions: (A) F.m r encv Medical Services. - 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, and other related services. (B) F.m r encv 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. (C) Fire Investigation Services. - The investigation into the source, cause and circumstances of fire incidents. (D) Fire Protection Services. - All public services which are provided to protect 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 emergencies 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 nor initial plan 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 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. (E) Fire Sulay,Iression Services. - hnmediate response by qualified personnel with properly equipped apparatus to a threat to life or property caused by the release of smoke, fire or heat, for the purpose of eliminating that hazard. (1F) 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: (i) provision of non - emergency assistance to an individual who is locked -in or locked -out from a vehicle or a structure; (ii) 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 (iii) provision of assistance to the general public regarding fire prevention and safety. 3. JaLlkcr, 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. 4. Administrative Agent. Ocoee hereby agrees to administer this Agreement by and through its Fire Department and Fire Department officers and employees. 5. 12ulies 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. 6. Employee Status. 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 Services to Windermere as provided in this Agreement. 7. 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 Services and other related services set forth herein were being performed by employees of Windermere. 8. Equal Employment. 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 employees, 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 for Ocoee 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 is conducive to and which effectuates Ocoee's commitment and philosophy to equal employment opportunity. 9. �ool2eration. To facilitate performance of this Agreement, Ocoee hereby agrees to fully cooperate with Windermere with regard to the provision of Fire Services, and Windermere hereby agrees to fully cooperate with Ocoee regarding the same. 10. Term of Agreement, This Agreement shall be effective for a period of five (5) years commencing on October 1, 2014 and expiring on September 30, 2019 (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) year 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, 2019 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 term 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. 11. P�,vment of Fees. Windermere hereby agrees to pay to Ocoee an annual fee (collectively, the "Fees ") for the provision of Fire Services pursuant to the terms and conditions of this Agreement. The annual Fees shall be remitted in two (2) equal biannual payments and shall be due and payable to Ocoee on February I and May I for each year of this Agreement, with the first payment being due and payable on February 1, 2015. The Fees shall be as follows: Period I Annual Amount Biannual Payments October 1, 2014 — September 30, 2015 1 $400,000 February 1, 2015 - $200,000 In the event this Agreement is extended beyond the Initial Term, the Fees for each year shall increase by $50,000 ($25,000 per each biannual payment) over the Fees for the prior year, unless the parties agree to different Fees amounts as part 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 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 for in Section 14(A) below. 12. Ancillary Fees /Change, The parties acknowledge and agree that Ocoee may invoice, collect, and retain fees from Windermere 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. 13. Disputes. If a dispute arises regarding the services rendered under 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. 14. Annexation. Windermere shall keep Ocoee advised regarding annexations and the corporate May 1, 2015 - $200,000 October 1, 2015 — September 30, 2016 $450,000 February 1, 2016 - $225,000 May 1, 2016 - $225,000 October 1, 2016 — September 30, 2017 $500,000 February 1, 2017 - $250,000 Ma 1, 2017 - $250,000 October 1, 2017 — September 30, 2018 $550,000 February 1, 2018 - $275,000 May 1, 2018 - $275,000 October 1, 2018 — September 30, 2019 $600,000 February 1, 2019 - $300,000 May 1, 2019 - $300,000 In the event this Agreement is extended beyond the Initial Term, the Fees for each year shall increase by $50,000 ($25,000 per each biannual payment) over the Fees for the prior year, unless the parties agree to different Fees amounts as part 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 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 for in Section 14(A) below. 12. Ancillary Fees /Change, The parties acknowledge and agree that Ocoee may invoice, collect, and retain fees from Windermere 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. 13. Disputes. If a dispute arises regarding the services rendered under 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. 14. Annexation. Windermere shall keep Ocoee advised regarding annexations and the corporate limits of Windermere in order that Ocoee may provide Fire Services to properties added to Windermere subsequent to the date hereof. Ocoee shall not be obligated to provide 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. 15. Termination. (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 the 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, 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. 16. Notices. All notices required to be given under this Agreement shall be in writing, and deemed sufficient to each party when sent by Certified United States Mail, return receipt, to the City Manager of the other party. 17. Amendment, This Agreement shall be modified, amended or altered only by an instrument in writing singed 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. 18. F.n ire greemen4. 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. 19. wig, This Agreement and subsequent amendments thereto shall be filed by the parties with the clerk of the Circuit Court of Orange County, Florida, in conformance with Section 163.01 (11), Florida Statutes. IN WITNESS WHEREOF, the parties hereto set their hands and seals, all on the day and year first above written. ATTEST: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS DAY OF , 2014 SHUFFIELD, LOWMAN & WILSON, P.A. By: City Attorney ATTEST: bo`rothy Bud ''alter, 'Town Clerk (SEA, ) FOR USE.AND.RELIANCE ONLY BY THE TOWN OF WINDEREMERE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS DAY OF 92014 By: Town Attorney APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 2014, UNDER AGENDA ITEM NO. APPROVED: TOWN Gary APPRO`WD BY THE WINDERMERE TOWN OUNCIL AT A MEETING HELD ON 2014, UNDER AGENDA ITEM NO. IN WITNESS WHEREOF, the parties hereto set their hands and seals, all on the day and year first above written. ATTEST: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY" OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS DAY OF , 2014 SHUFFIELD, LOWMAN & WILSON, P.A. By: City Attorney ATTEST: Wroihy Bu k�� lter Town Clerk (SEAT) FOR USE.AND.RELIANCE ONLY BY THE TOWN OF WINDEREMERE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS iL � DAY OF 2014 By: �J�' Town ttorney CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 2014, UNDER AGENDA ITEM NO. APPROVED: TOWN Gary APPROV -`D BY THE WINDERMERE TOWN OUNCIL AT A MEETING HELD ON L —, 2014, UNDER AGENDA ITEM NO.