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HomeMy WebLinkAboutItem 04 Approval of Interlocal Agreement with Central Florida Fire Academy cepter of Good L, AGENDA ITEM COVER SHEET Meeting Date: August 2, 2005 Item# 4 Reviewed By: Contact Name: Pete McNeil Department Director: . Contact Number: 407-905-3127 City Manager: Subject: Approval to execute Interlocal Agreement Central Florida Fire Academy Background Summary: In 1977 a consortium of the area fire departments was formed creating a jointly sponsored fire academy to deliver training to member agencies. This has been in effect since that time with the City of Orlando acting as the fiscal agent, employment agent and risk manager. Issue: The City of Orlando will no longer act in its current capacity as of September 30, 2005. Per Chapter 163, Florida Statutes an Interlocal Agreement was written with legal input from member agencies legal council to continue the operation of the Central Florida Fire Academy. Recommendations Recommend approval to execute the Interlocal Agreement Central Florida Fire Academy Attachments: Interlocal Agreement Central Florida Fire Academy Financial Impact: This agreement will have no additional impact on our current and proposed budget. Membership fees for the Fire Academy have already been accounted for in our past, current and proposed future budgets. Type of Item: (please mark with an`x") Public Hearing For Clerk's Dept Use: Ordinance First ReadingConsent Agenda Resolution Public Hearing X Commission Approval Regular Agenda Discussion&Direction X Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. ,QJCf N/A Reviewed by ( ) N/A Ma orcenter of Good Lf Commissioners S. Scott Vandergrift �re;,.,.�!`�-.+y,�., Danny Howell, District 1 _ Scott Anderson, District 2 City Manager Rusty Johnson, District 3 Robert Frank Nancy J. Parker, District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Pete McNeil, Deputy Fire Chief DATE: July 13, 2005 RE: Approval to execute Interlocal Agreement Central Florida Fire Academy ISSUE In order for the Ocoee Fire Department to continue receiving the benefits of being a consortium member of the Central Florida Fire Academy, the attached Interlocal Agreement Central Florida Fire Academy must be executed before September 30, 2005. BACKGROUND/DISCUSSION By agreement dated June 6, 1977, the City of Orlando and the former Orange County Board of Fire Commissioners (to later become Orange County Fire) agreed to jointly sponsor and participate in an "Orlando- Orange Fire Training Academy" (later renamed the Central Florida Fire Academy at Orlando, then the Central Florida Emergency Services Institute, and finally the Central Florida Fire Academy.) The City of Orlando provided for the creation and establishment of the "Orlando-Orange Fire Training Academy Board of Trustees" by adoption of an amendment to Chapter 2 of the Code of the City of Orlando. Via an inter-local agreement dated June 3, 1982, amended in 1994, the City of Orlando and the County agreed to continue the joint efforts begun as a result of the aforementioned agreement of June 6, 1977. This essentially allowed the City of Orlando to act as the Fire Academy's fiscal agent, employment agent, and risk manager. The CFFA was always considered a"special board"—separate from the Fire Department—with its own revenue, budget and authorities (i.e. NOT part of the City's general fund or normal operations). About a year ago, the City advised it would no longer assist the Academy in its current capacity. Whereas the Orlando Fire Department would continue to be a participating member, the City Government would no longer act in its capacity as 443rd party administrator" for the Academy as of September 30, 2005. To that extent,the Fire Academy started investigating options and determined the current participants wanted to continue their joint efforts in providing firefighter training via the Central Florida Fire Academy. This led to Chapter 163, Florida Statutes that provides that a joint exercise of power by public agencies may be made in the form of an Interlocal Agreement. Said agreement has now been drafted, reviewed by most members' legal council, revised, and now this final draft has been approved by the current Fire Academy Board of Governors. Examples of some of the benefits of continuing membership in the Central Florida Fire Academy are: • ISO rating points for training facilities—this keeps the fire insurance rates lower in the community served • Free use of the training facilities and equipment • Reduced fees for Fire Academy classes • Technical support and administrative assistance from Fire Academy staff • Audio/Visual Support • Use of the Fire Academy's New Hire Skills Testing pre-employment and promotional testing programs The Fire Academy member dues for 2005-06 have been set at $113.43 per full-time certified firefighter and/or fire inspector. With 49 declared personnel, our membership dues, which will be due on Oct 1, 2005,will be $5,558.07. The Fire Department proposed budget for FY2005-06 includes$5,750 for Central Florida Fire Academy membership It is the recommendation of Fire Department management that the City Commission approve the execution of Interlocal Agreement Central Florida Fire Academy. INTERLOCAL AGREEMENT CENTRAL FLORIDA FIRE ACADEMY Approved by Fire Academy Board on July 12,2005 This is an Interlocal Agreement between the following political subdivisions and municipalities of the State of Florida: a. City of Orlando c. City of Winter Garden c. City of Ocoee d. City of Maitland e. City of Kissimmee f. Orange County School Board f. City of St. Cloud g. City of Casselberry h. City of Winter Park i. City of Oviedo j. Orange County Board of County Commissioners RECITALS WHEREAS, by Interlocal Agreement dated June 6, 1977, the City of Orlando and the former Orange County Board of Fire Commissioners agreed to jointly sponsor and participate in an"Orlando-Orange Fire Training Academy";and WHEREAS, the City of Orlando provided for the creation and establishment of the "Orlando-Orange Fire Training Academy Board of Trustees" by adoption of an amendment to Chapter 2 of the Code of the City of Orlando; and WHEREAS,by Interlocal Agreement dated June 3, 1982, (and subsequently updated and agreed upon on March 15th, 1994)the City of Orlando and Orange County agreed to continue the joint efforts begun as a result of the aforementioned Interlocal Agreement of June 6, 1977;and WHEREAS, by subsequent amendments to Chapter 2 of the Code of the City of Orlando, the Academy was re-named and re-designated as the "Central Florida Fire Academy at Orlando", then the "Central Florida Emergency Services Institute," and then re-named "Central Florida Fire Academy;"and WHEREAS, the current participants are desirous of continuing their joint efforts in providing firefighter, emergency medical and emergency management training; and WHEREAS, Chapter 163, Florida Statutes provides that a joint exercise of power by public agencies may be made by Agreement in the form of an Interlocal Agreement;and WHEREAS, each of the parties to this Interlocal Agreement is a"public agency" within the meaning of§163.01 Florida Statutes, and WHEREAS, the parties to this Interlocal Agreement desire to continue with the operation of Central Florida Fire Academy and further desire to better set forth the working relationship between themselves with respect to the Fire Academy's operation. NOW, THEREFORE, IN CONSIDERATION of the foregoing and other good and valuable consideration, to include the mutual terms, conditions, promises, and covenants hereinafter contained,the Parties agree as follows: 1. Recitals: The recitals set forth above are true and correct, and incorporated as part of this Interlocal Agreement. 2. Purpose and Intent: It is the purpose and intent of this Interlocal Agreement to provide for the continuing operation and management of the Central Florida Fire Academy, and to set forth the duties and responsibilities of the participating parties. It is also the intent of this Agreement to continue Central Florida Fire Academy as a separate entity created by Interlocal Agreement, and this Agreement amends and modified the above referred to Interlocal Agreements. 3. Powers Designated: The Board of Directors of Central Florida Fire Academy (hereinafter the `Board" or the "Board of Directors") shall possess the power to make and enter into contracts in its own name, to employ agencies or employees, to acquire, construct, manage, maintain, or operate buildings, parks, or improvements; to acquire, hold, or dispose of property; and to incur debts, liabilities, or obligations which do not constitute the separate debt, liability, or obligation of any party to this Interlocal Agreement. All such powers shall be exercised in accordance with the provisions of this Interlocal Agreement, as well as the provisions of Chapters 163 and 119,Florida Statutes. 4. Board of Directors: a. Governance: Central Florida Fire Academy shall be governed by its Board of Directors,in accordance with Chapter 163, Florida Statutes, and in accordance with this Interlocal Agreement. b. Board Members: The Fire Chief of each party to this Interlocal Agreement, along with an additional board member to be designated by the Orange County School Board, shall make up the Board of Directors of the Central Florida Fire Academy. Each member of the Board of Directors shall be entitled to vote on all issues before the Board. c. Alternates: Each member of the Board of Directors may designate, in writing, an alternate to serve as an acting board member in the event that he or she is unable to attend a meeting of the Board of Directors. Any such alternate member of the Board of Directors shall be entitled to vote on any issues before the Board, provided the regular member is not present. d. Board Members not Compensated: Members of the Board of Directors of the Central Florida Fire Academy shall not be compensated for their services as board members. However, the Board may from time to time agree in advance to pay the out-of-pocket expenses of any board member asked to do extraordinary services on behalf of the Board. 5. Officers: The Board of Directors shall hold an annual election of officers. Only board members may serve as officers of the Central Florida Fire Academy. The officers shall be President/Chairman, Vice President/Vice Chairman, Secretary, and Treasurer. Duties, responsibilities and authority of Officers shall be defined by the By-Laws, as defined herein. 6. Meetings: The Board of Directors shall meet monthly at a time and place to be determined by the Board. In addition, Special Meetings of the Board of Directors may be called from time to time, and the procedures for such meetings shall be set forth in the By-Laws. All meetings, whether regular or special, shall be properly noticed as "Public Meetings", as required by Florida Law. 7. Sunshine Laws: All meetings and business of the Board of Directors shall be conducted in compliance with Florida's Public Records and open meeting laws. 8. Action by Board of Directors: All actions of the Board of Directors must be approved by a simple majority of those board members present at the meeting, except that the following matters shall require a two-thirds(2/3)majority of those present for approval: a. Approval of annual budget b. Hiring or firing of executive director or chief financial officer c. Admission of any additional parties to Interlocal Agreement/Board of Directors d. Adoption of By-Laws e. Amendments to By-Laws f. Annual Schedule of Dues and Fees to be charged by Central Florida Fire Academy. 9. Participating Parties: The parties to this Interlocal Agreement shall be the initial parties and participants (sometimes referred to herein as "Members" or "Member Entities") in the Central Florida Fire Academy. However, the Board of Directors, may, from time to time, allow additional public agencies to participate as Members on such terms and conditions it may set. In the event that the admission of additional public agencies as parties to this Interlocal Agreement be initiated by a favorable two-thirds (2/3) vote as described in the preceding paragraph, such newly admitted Members will then execute and agree to join in this Interlocal Agreement. 10. Provision of Services to Non-Member Public Aeencies: Central Florida Fire Academy may, with the approval of its Board of Directors, provide services to public agencies that are not participants in this Interlocal Agreement. However, the Board of Directors shall set an appropriate fee schedule for such non-member participation. 11. School Board Participation: The Orange County School Board has contributed both facilities and staffing to Central Florida Fire Academy, and will continue to do so on such terms and conditions as it may set from time to time. All facilities contributed by the School Board shall remain the property of the School Board, and may not be sold, mortgaged, or otherwise encumbered by Central Florida Fire Academy. Central Florida Fire Academy shall maintain Liability Insurance and shall provide the School Board with a Certificate of Insurance naming the School Board as an additional named insured. 12. Executive Director: The Board of Directors shall hire an Executive Director, who shall be responsible for the day to day operations of Central Florida Fire Academy. The Board shall enter into a written employment contract with the Executive Director, more specifically setting forth the duties,responsibilities and authority of the Executive Director. 13. Chief Financial Officer: The Board of Directors may also hire a Chief Financial Officer, who will be responsible for ensuring that all budgeting, accounts payable, accounts receivable, and other financial matters are conducted following generally accepted governmental accounting practices. The Board may enter into a written employment contract with the Chief Financial Officer, more specifically setting forth the duties, responsibilities, and powers of the Chief Financial Officer. 14. Committees: The Board of Directors, in carrying out its duties and responsibilities, may establish committees. The President shall name the members to serve on each such committee. 15. Budgeting: The Board of Directors shall annually budget for the operations of Central Florida Fire Academy. Each party to this Interlocal Agreement shall provide funding to Central Florida Fire Academy. The Board of Directors shall annually adopt a schedule of dues and fees to be charged by Central Florida Fire Academy. 16. Purchasing: In purchasing and entering into contracts to purchase, The Board of Directors of Central Florida Fire Academy shall initially use the procedures utilized by the City of Orlando for purchasing, until such time as the Board has adopted its own policies and procedures. 17. Gifts and Grants: The Board of Directors of Central Florida Fire Academy shall have the power and authority to accept gifts on behalf of the Fire Academy, and shall also have the power and authority to seek, in its own name, grants from other governmental agencies. 18. Insurance: The Board of Directors of Central Florida Fire Academy shall obtain insurance coverage for liability, property, worker's compensation, unemployment compensation, group health insurance, and any other insurances as may be determined by the Board of Directors. In obtaining such insurance, The Board of Directors of Central Florida Fire Academy may participate in any member's insurance program, or in any other similar governmental insurance program. 19. Employees: Employees of Central Florida Fire Academy shall be its employees and shall not be considered the employees of a Member Entity. 20. Indemnity: To the fullest extent permitted by law and subject to the provisions and limitations of§768.28, F.S., Central Florida Fire Academy shall defend, indemnify and hold harmless any member entity, its officials, agents and employees from and against any and all non-employee claims, suits, judgments, demands, liabilities, damages, costs and expenses (including attorney's fees) of any kind or nature whatsoever arising directly or indirectly out of or caused by any negligent act or omission of the Central Florida Fire Academy, anyone directly or indirectly employed by it, or anyone for whose acts any of them shall be liable. 21. No Pecuniary Liability of Member Entities. Neither the provisions, covenants or agreements contained in this Agreement, nor any indebtedness issued pursuant to this Agreement, shall constitute an indebtedness or liability of the member entities. Any indebtedness shall be issued by Central Florida Fire Academy and not the member entities. If issued, any indebtedness and the interest thereon shall be limited and special obligations of Central Florida Fire Academy, payable solely from the revenues pledged thereto. 22. No Personal Liability. No covenant or agreement contained in this Agreement shall be deemed to be a covenant or agreement of any Member, officer, agent or employee of Central Florida Fire Academy nor any officer, agent, or employee of a Member Entity in his or her individual capacity, and members, officers, agents and employees of Central Florida Fire Academy and the Member Entities shall not be personally liable on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 23. Filing of Agreement. It is agreed that this Agreement shall be filed by Central Florida Fire Academy, or its authorized agent or representative, with the Clerks of the Court of Seminole, Osceola and Orange County, Florida, all in accordance with the Interlocal Act, and that this Agreement shall not become effective until Central Florida Fue Academy or its authorized representative has so filed the Agreement. 24. Dissolution: In the event of dissolution of The Board of Directors of Central Florida Fire Academy, all authorized debts shall be paid, and any remaining property and assets of Central Florida Fire Academy shall be distributed prorata to its participating Member Entities, in accordance with the amount of funding contributed by each Member Entity during the five years proceeding such dissolution. Provided, however, that property contributed by any Member Entity shall be returned to the contributing Member Entity, in accordance with the following paragraph. 25. Contribution of Property: The parties to this Interlocal Agreement may contribute or loan equipment or other goods to The Board of Directors of Central Florida Fire Academy, which shall remain the property of the Contributing Member Entity. Upon dissolution, any such contributed property shall be returned to the Contributing Member Entity. 26. Reports to Members: The Board of Directors of Central Florida Fire Academy shall provide its budget to its member entities each year. In addition, The Board of Directors of Central Florida Fire Academy shall provide an independent annual audit of all receipts and disbursements to each participating entity. Members shall at all times during normal business hours have access to the books and records of Central Florida Fire Academy. In addition, copies of the minutes of all regular and special meetings of the Board of Directors shall be provided to each member. 27. Termination and Initial Term: The initial term of this Interlocal Agreement shall be for Ten(10)years, and may be renewed thereafter for successive 5 year terms. 28. Withdrawal by Member. A member may withdraw from participation in Central Florida Fire Academy by giving not less than six (6) months written notice to the Board of Directors of Central Florida Fire Academy. Such withdrawal shall not relieve the withdrawing party of financial obligations incurred hereunder prior to the effective date of withdrawal. 29. Privileges and Immunities: All the privileges and immunities from liability, exemption from laws, ordinances and rules, and other benefits which apply to the activity of officers, agents and employees of Member Entities when performing their respective functions within the territorial limits for their respective agencies shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents and employees extra- territorially. 30. Miscellaneous. a. All notices, demands, formal actions or other communications hereunder shall be in writing and mailed, sent by facsimile or delivered to each member. Members shall be responsible for keeping their contact information current with the Executive Director. b. This Agreement will inure to the benefit of and be binding upon the parties and their successors and assigns, and will not confer any rights upon any other person other than the member entities. c. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provisions of this Agreement. d. This Agreement may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same document. e. This Agreement shall be governed by and construed,in accordance with the laws of the State of Florida. f. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provisions of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid,then such covenants, agreements, or provisions shall be null and void and shall be deemed separably from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof. CITY OF ORLANDO By: Mayor/Pro Tern ATTEST: Alana C. Brenner, City Clerk (SEAL) APPROVED AS TO FORM AND LEGALITY For use and reliance by the City of Orlando, Florida, only City Attorney Orlando, Florida 2005 STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me day of 2005,by , Mayor _ and Alana C. Brenner, City Clerk, respectively, City of Orlando, and they acknowledged before me that they executed the foregoing instrument on behalf of the City of Orlando as its true act and deed, and that they were authorized to do so. Name: My Commission Expires: IN WITNESS WHEREOF, the cities have set their hands and seals on the dates below stated. Attest: CITY OF WINTER GARDEN By: CITY CLERK MAYOR Dated: Kathy Golden, City Clerk City of Winter Garden 251 West Plant Street, Winter Garden, FL 34787 Phone (407) 656-4111 Ext. 2254 Fax(407) 656-4952 ATTEST: CITY OF OCOEE,FLORIDA By: Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY 'i'!iE CITY OF OCOEE,FLORIDA; COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON ,20_ LEGALITY this day of UNDER AGENDA ITEM NO. , 20i FOLEY & LARDNER LLP By: City Attorney STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared S. SCOTT VANDERGRIFT and BETH EIKENBERRY, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE and that they severally acknowledged executing the same freely and voluntarily under authority duly vested in them by said municipality. They are personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this day of , 20_. Signature of Notary Name of Notary(Typed,Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): IN WITNESS WHEREOF,the parties hereto have executed and delivered this instrument on the date indicated below. CITY OF MAITLAND By: Mayor Attest: City Clerk Date: ,2005 Donna Williams, City Clerk City of Maitland 1776 Independence Lane Maitland, FL 32751 407/539-6219 IN WITNESS WHEREOF,the parties have executed this agreement at Kissimmee, Florida on this day of 200_. ATTEST: By: Linda P. Jaworski City Clerk Mayor-Commissioner Approved as to Form acid Legality Donald T. Smallwood, City Attorney STATE OF FLORIDA COUNTY OF OSCEOLA The foregoing instrument was acknowledged before me this day of , 200_ by , who is the , of who is personally known to me or who has produced as identification. Stamp: Notary Public, State of Florida My Commission Expires: By: Witness Title: Witness STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 200_ by ,who is the ,of who is personally known to me or who has produced as identification. Stamp: Notary Public My Commission Expires: