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HomeMy WebLinkAbout2005 10 10 Consent 201 COMMISSION AGENDA ITEM 201 CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR October 10, 2005 Meeting MGR (J-/ IDEPT -:Jj rf Authorization REQUEST: The Fire Department requests City Commission authorization to enter into an Interlocal Agreement with the Central Florida Fire Academy. PURPOSE: The purpose of this agenda item is to request authorization to enter into an Interlocal Agreement with the Central Florida Fire Academy to provide required live fire training and to enhance educational opportunities for the Fire Department. CONSIDERATIONS: After carefully examining alternatives to provide live fire training, enhance the training offered internally by the Fire Department and to maximize the credible training under the Insurance Services Office (ISO) Grading Schedule for Municipal Fire Protection, it was determined that the Central Florida Fire Academy offered the training facilities and educational programs that would best benefit the Fire Department. The Central Florida Fire Academy which is certified by the Florida Bureau of Fire Standards and Training is located on seven and one half acres at the south side of Mid Florida Tech. The Academy provides educational programs required for Florida Fire Officer, Inspector and Engineer certification as well as technical training in firefighting and rescue operations. The Academy site includes: 3-story Live Fire Burn & Firefighter Safety and Survival Building 4-story Fire Tower with internal Structural Collapse Prop Fire Apparatus Driving Course Firefighter Search & Rescue, Breathing Apparatus Maze, Fire Apparatus & Storage Building Liquid Petroleum Gas (LPG) Fire Props (car fire, pump flange, propane tank, transport vehicle) Urban Search and Rescue (USAR) Training Area Consent Agenda Item # 201 October 10, 2005 Page 2 The Fire Academy also owns and operates: Mobile fire fighting trainer with LPG props Mobile Flammable Liquids And Gas fire trainer Mobile Search and Rescue training unit Mobile 4-story fire tower Mobile Hazardous Materials Training Trailer The Central Florida Fire Academy operates as a partnership between Orange County Public Schools/Mid Florida Tech and the Central Florida Fire Academy Consortium. The Consortium currently is composed of the following 13 fire agencies: Cities of Casselberry, Kissimmee, Maitland, Ocoee, Orlando, Oviedo, St. Cloud, Winter Garden, Winter Park, Orange and Osceola County Fire Department and the Reedy Creek hnprovement District. FUNDING: Membership in the consortium is $113.43 per certified firefighter annually. The membership fee for the Department's 51 personnel will be $5784.93 and the funding is in the approved 2005/2006 Fire Department budget. RECOMMENDATION: The Fire Chief recommends that the City Commission gives authorization to enter into an Interloca1 Agreement with the Central Florida Fire Academy. ATTACHMENTS: 1. Interloca1 Agreement between City of Winter Springs and the Central Florida Fire Academy 2. CFF A Membership and General Information COMMISSION ACTION: 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 Casselberry b. City of Kissimmee c. City of Maitland d. City of Ocoee e. City of Orlando f. City of Oviedo g. City of St. Cloud h. City of Winter Garden 1. City of Winter Park J. City of Winter Springs k. Orange County Fire Department 1. Orange County School Board m. Osceola County Fire Rescue n. Reedy Creek Improvement District RECITALS WHEREAS, by lnterlocal 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 lnterlocal 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 Interloca1 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 S163.0l 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 lnterlocal Agreements. 3. Powers Deshmated: 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 PresidentNice Chairman, Secretary, and Treasurer. Duties, responsibilities and authority of Officers shall be defined by the By-Laws, as defined herein. 6. Meetin2s: 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 bv 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. Particivatin2 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 A2encies: 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 Particivation: 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 ofthe 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 carrymg out its duties and responsibilities, may establish committees. The President shall name the members to serve on each such committee. 15. Bud2etin2: 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. Purchasin2: 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. Emplovees: Employees of Central Florida Fire Academy shall be its employees and shall not be considered the employees of a Member Entity. 20. Indemnitv: To the fullest extent permitted by law and subject to the provisions and limitations of 9768.28, 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 Liabilitv 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 Liabilitv. 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. Filin2 of A2reement. 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 Fire 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 bv Member: A member may withdraw from participation III 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. Privile2:es 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 ofthe State of Florida. f. If anyone 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. ATTEST: I '.L--- ORENZO-LUACES erk CITY OF WINTER SPRINGS By: ,I Dclte: Training Those Who Save Lives and Protect Property Membership & General Information UPDATED July 12,2005 The Central Florida Fire Academy was established in June 1977 to serve as a joint fire training facility for the Orlando Fire Department and the former independent fire districts that evolved into the Orange County Fire Rescue Department. With this action the partnership between the Central Florida Fire Service and Orange County Public Schools was formed. With a pending 2005 Interlocal, the Central Florida Fire Academy will continue as a partnership among Orange County Public SchoolslMid Florida Tech and these thirteen Consortium Member Fire Agencies: · City of Casselberry Fire Department · City of Kissimmee Fire Department · City of Maitland Fire/Rescue & Building Dept · City of Ocoee Fire Department · Orange County Fire Rescue Department · City of Orlando Fire Department · Osceola County Fire Rescue Department · City of Oviedo Fire Rescue Department · Reedy Creek Improvement District Emergency Services · City of St. Cloud Fire Rescue Department · Seminole County Building & Fire Prevention Dept · City of Winter Park Fire Rescue Department · City of Winter Garden Fire Department An independent panel of experts at the University of Central Florida described the Fire Academy as a shining example for interagency governmental partnership. Both county and city fire agencies as well as Orange County Public Schools are working together and pooling resources to the benefit of the Central Florida fire service community. Organization and Staffing Each consortium fire agency remits annual membership fees based on its number of certified firefighters and fire inspectors. Benefits of membership include: · 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 · AudioNisual Support · Use ofthe Fire Academy's Firefighter Skills Testing pre-employment and promotional assessment programs The Fire Academy is currently governed by a Board of Trustees and guided by a Board of Governors. The Fire Academy Director manages daily operations. Board of Trustees The Board of Trustees is a "special board" of the City of Orlando. During monthly meetings, the Board of Trustees, in its official decision-making capacity, acts on the recommendations from the Board of Governors. Board of Governors The Board of Governors is comprised of a representative from each member fire agency, each of whom has one vote. The Board meets monthly and provides general oversight through the review of policies, budgets, and programs. NOTE: Upon the enactment of the 2005 Interlocal Agreement, the above boards will dissolve and will be replaced on October 1, 2005 with the Central Florida Fire Academy Board of Directors. This new single governing board will consist of one voting member assigned from each member agency and the school board. Executive Director Appointed by the Board, the Fire Academy Director is responsible for leadership of the OCPS instructors and the Fire Academy staff. He/she also prepares and manages the academy budgets and is responsible for the daily operations and future development of the Fire Academy and its programs. Support Staff The Fire Academy's support staff, in addition to the director, is comprised of full-time and part- time positions, paid and managed solely by the Fire Academy. The Director is the sole full-time OCPS employee. Instructional Staff The Fire Academy's instructional staffis composed of more than 100 part-time hourly instructor positions. An OCPS part-time employee, acting as a "program coordinator" manages each program. In addition, hundreds of member agency fire instructors are retained by their respective departments to conduct in-service training. These instructors also assist with many Fire Academy Continuing Workforce Education (CWE) classes. The CWE course fees are paid by the Fire Academy to OCPS/MFT. Mid Florida Tech The Fire Academy is partnered with Orange County Public Schools' Career and Technical Education Division, and physically located at Mid Florida Tech. Most of our instructional programs are processed through the school district which generates State DOE Workforce Development funding. In turn, nearly all of the instructor pay for Fire Academy classes is funded through the District. We are but one of many successful programs at Mid Florida Tech, an internationally accredited school. However, we are considered the "Crown Jewel" in the OCPS/CTE Division. The District also owns and maintains all the Fire Academy's permanent facilities (listed below). However, the Fire Academy owns and operates all mobile (also listed below) and most of the fire training equipment. The Fire Academy also pays for much of the administrative and support staff it takes to operate the fire program classes at MFT. Location and Facilities Certified by the Florida Bureau of Fire Standards and Training, the Central Florida Fire Academy is located on seven and one half acres at the south side of Mid Florida Tech. Facilities include four separate OCPS re-Iocatable buildings and four permanent buildings. In addition to its offices and classrooms, the Fire Academy also houses Orange County Fire Rescue's Training Bureau, as well as the City of Orlando Fire Training Division. The Academy site includes: · 26,000 Square foot administration/classroom facility with an indoor training area · 24 position computer lab · Fire Apparatus Driving Course · 4-story Fire Tower with internal Structural Collapse Prop · 3-story Live Fire Bum & Firefighter Safety and Survival Building · Firefighter Search & Rescue, Breathing Apparatus Maze, Fire Apparatus & Storage Building · Liquid Petroleum Gas (LPG) Fire Props (car fire, pump flange, propane tank, transport vehicle) · Urban Search and Rescue (USAR) Training Area · Self Contained Breathing Apparatus (SCBA) maintenance shop · AudiolVideo editing suite The Fire Academy constructed the Live Fire Bum & Firefighter Safety Building in 1989 for 1.2 million dollars, of which $800,000 was from the State Insurance Commissioner's Office and the other $400,000 was from Fire Academy funds. The Academy subsequently donated the facility to OCPS/MFT, and it became a permanent part of the OCPS inventory. The building recently underwent a $950,000 OCPS funded repair and retrofit which will extend its life beyond the year 2020. In July of2005, the Fire Academy Board approved a master plan to be submitted to OCPS which calls for the renovation of its apparatus building converting two of its three bays to permanent showers and lockers while leaving the last bay for storage of the 2002 Pierce/Kenworth training engine. Furthermore, a new multi purpose building would be built where the remaining portable buildings sit. This new building would have provisions for the storage of six fire trucks, two classrooms, facilities personnel and maintenance space, and additional storage areas. Due to the constant threat of inclement weather - most importantly the high heat and humidity that can cause training to stop - indoor training space will also be included. In addition to the OCPS property listed above, the Fire Academy owns and operates: · Mobile fire fighting trainer with LPG props (the Fireflash Trailer) · Mobile Flammable Liquids And Gas fire trainer (The FLAG trailer) · Mobile Search and Rescue training unit · Mobile 4-story fire tower · Mobile Hazardous Materials Training Trailer · 2002 Pierce/Kenworth Training engine. · Three additional training engines Our mission is to "train those who save lives and protect property." Over the five years between Aug 2000 and July 2004, the Academy accomplished this mission through its partnership with Mid Florida Tech - one of the largest technical education centers in the southeast - by training over 5000 students with over 350,000 hours of basic, intermediate, and advanced fire and rescue skills and education. Courses and topics included: . Certified Firefighter I & II (I) . Certified Emergency Medical Technician (2) · Certified Fire Apparatus Driver/Operator (I) · Certified Fire Safety Inspector (I) · Certified Fire Officer (I) · Certified Fire Service Instructor (I) · Certified Fire Investigator (I) . Rope Rescue: Operational (3) . Rope Rescue: Technician (3) · Confined Space Rescue: Technician (3) · Vehicle Machinery Rescue: Operations (3) · Vehicle Machinery Rescue: Technician (3) . Trench Rescue: Technician (3) · Structural Collapse Rescue: Technician (3) · Emergency Vehicle Operator Course · Emergency Medical Services Bicycle Operations · Firefighter Safety & Survival · Various industry specific seminars including WMD and domestic security preparedness · Agency specific in-service training (over 38,000 hours)* These courses were taught at the Fire Academy, on-site at member fire departments, or at a site particularly suitable for the class, such as a water tower or a building scheduled for demolition. I Certified through the Florida Bureau of Fire Standards and Training and meets or exceeds the corresponding professional qualification standards of the NFPA (National Fire Protection Association- America's Fire Service consensus standard producing organization) 2 Certified through the Florida Department of EMS, courses conducted by MFT's EMS Program 3 All technical rescue courses being conducted meet or exceed NFPA 1006/1670 standards for technical rescue training. * Member agencies' in-service training is processed through the Fire Academy as Continuing Workforce Education (CWE) which returns state funding back to OCPS/MFT and in turn the Fire Academy. For more information, contact Director Jeremy F. Donovan at jdonovan@FireAcademv.orgor 407.855.3281 ext 27. Central Florida Fire Academy 2966 West Oakridge Road. Orlando, FL 32809 407.855.3281 . FAX 407.855.3288 info@fireacademy.org . www.fireacademy.org