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HomeMy WebLinkAbout2008 06 16 Informational 100 Documents ReferencedDate: June 16, 2008 The following documents were referenced during Informational Agenda Item "100" at the June 16, 2008 City Commission Workshop. r Interlocal Agreement: Below is a list of pertinent provisions. Article 1 -This agreement becomes effective October 2, 2008 pursuant to F.S. 125, 163, and 166. • Except for a few minor unapplicable and changes, this agreement is essentially the same as the agreement between Altamonte Springs and Seminole County. Article 2 -Scope of Service • The County will provide fire, emergency medical, and fire prevention services equal to or better than that currently provided. • The County will collect fire prevention plan review fees established by the County and collected by the City for Plan Review Services. • The City will make space available in the Community Development Department for Plan Review by the County Fire Marshall. • For City Events -The County will provide at no cost to the City an EMS team composed of one EMS unit, command center representative and mini mobile unit. • For non-City events -The County will charge the private entity for EMS services at rates determined by the County. • The County will provide routine reports of department activity. Article 3 -Employment Responsibilities • The County will transfer all fire department employees other than the vacant Fire Chief, secretarial, and billing staff. All employees will be County employees. No joint employment positions. • Tenure in grade will be transferred as it relates to promotions and advancements. • All employees will be placed on appropriate County pay ranges according to their rate of pay as of October 1, 2008. Any employees' pay that needs to be increased to get to the minimum of the appropriate County pay ranges will be increased to do so. • Merit increases will be given on the employee's current anniversary date in grade. The County provides 0-6% merit increases as opposed to the City's 0-4%. Beginning October 2, 2008 employees merit increases will be on the County merit system. Page 1 of 3 As per State statutes, employees will elect to be in the City or the FRS retirement plan. The City pension benefit of employees electing to transfer to FRS will be frozen on the date of transfer. For employees transferring to FRS the County will pay 100% of employee's retirement contribution resulting in an immediate 3% increase in pay. The County will pay 100% of the retirement contribution for employees remaining in the City plan resulting in an immediate 3% increase in pay. The County will not pay for any additional pension benefits. • The County will transfer 100% of employees sick and vacation time. Article 4 -Financial Contribution • City Fire Impact Fees will become the property of the County, and can be utilized only for the capital expansion plan provided in the City Fire Impact Fee Ordinance unless changed by mutual consent. City will continue to determine the rate of fire impact fees and collect fees for the County. The County will take possession of EMS transport billing effective October 2, 2008, establish its own rates, and have full responsibility for all EMS transport activities. The City will retain unexpended fund balances on hand prior to October 2, 2008. The County Fire Municipal Services Taxing Unit (MSTU) will be extended throughout the City limits. MSTU rates will be the sole authority of the County. City will have no further financial responsibilities. Article 5 -Effective Date • The effective date of the Agreement shall be October 2, 2008. Article 6 -Property • The City will lease three fire stations to the County for $1 per year. County will be responsible for all operation and maintenance cost of the two stand alone stations and 100% of the third stand alone when it is built. As long as the City Hall station is part of City Hall, County will pay 10% of the operating and maintenance costs of City Hall. • The County will construct a third fire station on property located in front of City Hall when warranted. • All vehicles and personal property will be transferred to the County at no cost to the County in consideration of the County assuming the full liability for employee sick leave and vacation leave balances. • The County will upgrade fire engines and EMS units to County standards within 3 years. • The County will replace the engine 26 mini pumper with an EMS transport vehicle equipped to handle first response fire and rescue calls, and well as medical transport calls. Page 2 of 3 • A third full size pumper will replace or be added to the City Hall EMS first response unit located at City Hall station when warranted. • An aerial unit will be located in the City when warranted. Article 7 -Termination of Agreement • Either party may petition to terminate the Agreement at the end of the fifth year of the Agreement. Each party agrees to give the other 2 year's notice of its intent to terminate this Agreement. • Both parties agree to provide full cooperation to each other in facilitating the termination of the Agreement, and maintaining service levels. • The County will vacate its lease hold interest in City property located within the City upon the effective date of termination. • The County agrees to transfer employee's necessary to staff the City department based upon a mutually acceptable plan of transfer including return of employees transferred from the City to the County. Page 3 of 3 AGREEMENT .L~y~~ BETWEEN THE CITY OF WINTER SPRINGS AND SEMINOLE COUNTY FOR FIRE AND EMERGENCY MEDICAL SERVICES THIS AGREEMENT is entered into by and between the CITY OF WINTER SPRINGS, a municipa- corporation organized and existing under the laws of the State of Florida, hereinafter referred to as "CITY", and SEMINOLE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY". WITNESSETH WHEREAS, the CITY has heretofore maintained professional fire and emergency medical service protection for the benefit of the citizenry thereof, and WHEREAS, the COUNTY has agreed to render to the CITY professional fire and emergency medical services, and the CITY is desirous of receiving such services upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, the CITY and the COUNTY agree as follows: ARTICLE 1: AGREEMENT This Agreement is entered into between the COUNTY and the CITY pursuant to Chapters 125, 163, and 166 Florida Statutes. ARTICLE 2: SCOPE OF SERVICES The COUNTY shall provide to the CITY a fire, rescue and emergency medical service at a standard corresponding to acceptable service delivery standards established by the COUNTY. The COUNTY shall maintain within the CITYthe ISO rating at an equivalencyto that of other non-rural COUNTY areas. Except as otherwise hereinafter specifically set forth, such comprehensive fire and EMS protection shall encompass all those duties and functions of the type coming within the jurisdiction of, and customarily rendered by, the CITY Fire Department and the COUNTY Fire Department in accordance with the Charters of the CITY and COUNTY, and applicable laws of the State of Florida, to include without limitation the following: 2.1 FIRE SUPPRESSION SERVICES Fire suppression services shall be maintained by the COUNTY and provided to the CITY through the use of fire engines, aerial devices as needed, specialty units, hazardous material response units, and other fire suppression units. 2.2 EMERGENCY MEDICAL SERVICES Emergency medical services shall be maintained by the COUNTY and provided to the CITY in accordance with the Section 64E, Florida Administrative Code. The emergency medical services unit shall provide a level of service equal to or greater than Advanced Life Support (ALS) as defined in Section 64E, Florida Administrative Code, and in accordance with the COUNTY Medical Director's, or his successor's, protocols. As part of the required emergency medical services, the COUNTY shall also provide emergency medical transport services within the CITY. 2.3 FIRE PREVENTION SERVICES Fire prevention services within the corporate limits of the CITY will be provided by the COUNTY. These activities include fire safety inspections, plans review, fire investigations, code enforcement, and other associated fire prevention services. The COUNTY shall have the sole authority to appoint a person to enforce the rules and laws of the State Fire Marshall in accordance with Section 633.121, Florida Statutes. The CITY will collect and remit fees for fire prevention services on behalf of the COUNTY at rates established by the COUNTY. The CITY will make office space available at City Hall for the COUNTY to conduct fire prevention services. If demand for fire prevention services temporarily exceeds the COUNTY'S ability to provide said services in a prompt manner, the COUNTY agree to temporarily contract for additional assistance if needed. 2.4 SPECIAL EVENTS SERVICES Special events services shall be provided by the COUNTY to the CITY, upon request of the CITY Manager or designee. The CITY holds numerous public events each year for which special services, including but not limited to, fire and accident prevention and emergency medical services. The COUNTY shall provide to the CITY, upon request of the CITY Manager, such special event services as may from time to time be needed at the discretion of the CITY for CITY sponsored events. The COUNTY shall provide reasonable and customary services for such special event services which shall include at a minimum one EMS transport unit, one ATV utility vehicle (e.g. John Deere Gator), and command unit staffing. Additional services will be provided upon request at an amount no greater than that charged to 2 other persons or organizations for similar special event services. 2.4.1 Other special event services COUNTY agrees to provide to the CITY such other special event services as may from time to time be needed at the request of the CITY and in conjunction with COUNTY practices. The level of such services shall be agreed upon by both parties prior to the special event. 2.4.2 Other Miscellaneous Services COUNTY shall make provisions for EMS/Fire stand-by services to non- sponsored CITY special events in accordance with COUNTY practices for this type of service provision. COUNTY shall provide, upon request of the CITY, other services including but not limited to fire watch, fire standby, emergency medical services standby, or other associated services to private parties within the CITY so long as resources allow. The cost for such services shall be borne fully by the private party and the COUNTY shall bill directly to, and collect directly from, the private party. 2.5 REQUIRED REPORTING The COUNTY agrees to maintain statistical information at all times during the term of this Agreement and provide the CITY, upon request, with written reports regarding response times, number and types of calls, fire property dollar loss, sprinkler system activations, ISO rating information, staffing levels, and false alarm response information. The COUNTY shall track and be capable of producing statistical data reports consisting of incidents that occurred only within the CITY. 2.6 OTHER SERVICES In addition to those duties and responsibilities described above, the COUNTY hereby agrees to provide to the CITY, at all times during the term of this Agreement, the following expertise, services, and facilities as may be required from time to time: 2.6.1 Hazardous Materials Response Team The COUNTY shall extend to the CITY the provision of hazardous materials team responses to include hazardous materials disposal services as is provided to the unincorporated area of the COUNTY. 2.6.2 Aerial Fire Apparatus The COUNTY agrees to staff and maintain an aerial fire apparatus within the municipal limits of the CITY based upon call volume, building characteristics, and standards established by the COUNTY. 2.6.3 Fire Safety Program The COUNTY agrees to provide to the CITY fire safety/fire prevention programs including, but not limited to programs for school age children and the elderly. 2.6.4 Fire Arson Investigations The COUNTY agrees to cooperate fully with the CITY and the State Fire Marshall's Office for the purpose of ensuring notification and ancillary scene support for fire arson investigations. 2.6.5 Related Services The COUNTY agrees to provide CITY with available fire/rescue/EMS planning information and assistance for CITY code modifications, CITY comprehensive plan modifications, CITY zoning issues, etc. as requested. 2.6.6 Miscellaneous Agreements. The COUNTY participates in automatic aid and mutual aid agreements with multiple agencies. All COUNTY resources associated with the provision of services within the CITY under this Agreement shall be subject to this Agreement. ARTICLE 3: EMPLOYMENT RESPONSIBILITIES 3.1 TRANSFERRED EMPLOYEES All CITY employees, as designated in Attachment "A", shall be transferred to and employed by the COUNTY effective October 2, 2008, and shall thereafter have the same rights and responsibilities as is applicable to other similarly situated COUNTY employees. Said employees shall be referred to herein as "Transferred Employees." All Transferred Employees shall be required to complete a COUNTY Employment application and shall be required to meet the minimum job hiring requirements of the COUNTY. All Transferred Employees and any other fire suppression and EMS personnel employed by the COUNTY in performance of such services, functions and responsibilities asdescribed and contemplated herein forthe CITY shall be and remain COUNTY employees, and none of them shall be considered to be in the employ of the CITY for any purpose whatsoever to include without reservation: insurance benefits, compensation, pension benefits, a collective bargaining relationship, and/or any other status, right, privilege or enjoyment. Accordingly, the CITY shall not be called upon to assume any liability for, or any direct payment of, any salaries, wages, or other compensation, contributions to pension funds, insurance premiums, workers' compensation funds (Chapter 440, F.S.S.) vacation or compensatory time, sick leave benefits, or other amenities of employment to any COUNTY personnel performing services, duties and responsibilities hereunder for the benefit of the CITY and the residents thereof or any other liabilities whatsoever, unless specifically provided to the contrary herein. Except as provided for in Article 4 of this Agreement, the CITY shall not be liable for compensation, contribution or indemnity to the COUNTY of any kind whatsoever, arising out of such employment and performance of the services, duties and responsibilities contemplated herein. Under no circumstances and for no purpose shall the CITY and the COUNTY be 4 deemed joint employers of Transferred Employees. Moreover this agreement shall always be construed to be consistent with this consideration and requirement. The CITY shall not be liable for benefits, or compensation, accrued on behalf of any Transferred Employee while employed by the COUNTY. 3.2 TIME IN GRADE The COUNTY agrees and acknowledges that the length of service and time in grade earned by a Transferred Employee while a CITY employee shall transfer to the COUNTY system. Transferred Employees' date of hire/appointment with the CITY Fire Department shall be considered their date of hire/appointment with the COUNTY Public Safety Department. 3.3 RATE OF PAY Commencing October 2, 2008, the COUNTY shall pay each Transferred Employee a base salary or wage that will provide each Transferred Employee the same pay provided by the CITY as of October 1, 2008. Leave balances and certain special pay incentives will be assumed by the COUNTY. Future pay raises will be in accordance with COUNTY policy and/or labor negotiations, as is applicable. 3.4 MERIT INCREASES FOR FISCAL YEAR 2007/2008 CITY agrees to prepare and deliver to COUNTY a performance appraisal for each Transferred Employee covering the period of each employee's last performance evaluation to October 1, 2008. Merit increases shall be assigned from 0% to 4%. All Transferred Employees shall maintain an anniversary date of the date that they were hired by the CITY'S fire department for all COUNTY future performance evaluations and merit increase considerations. 3.5 EMPLOYEE PENSIONS 3.5.1 Florida Retirement System The COUNTY and CITY agree that all Transferred Employees who, at the time of transfer, were members of the Florida Retirement System (FRS) shall continue to be members of FRS while employed by the COUNTY. On and after October 2, 2008, the COUNTY shall be responsible for any and all required employer contributions to FRS on behalf of these Transferred Employees. 3.5.2 Florida Retirement System Election The COUNTY agrees that each Transferred Employee who, prior to the transfer date, was or is a member of the CITY of Winter Springs Employees' Pension Plan shall have the right to select participation within either the FRS or to remain in the CITY of Winter Springs Employees' Pension Plan. The Transferred Employees' election shall be made only once, shall be irrevocable, shall be in writing, and, shall be executed prior to July 15, 2008. The CITY shall be responsible for securing the aforementioned election. If a Transferred Employee elects participation within the FRS, such employee shall have the termination options available to such employee as set forth in the CITY of Winter Springs General Employees' Pension Plan. The parties agree that a Transferred Employee shall not accrue service in the Florida Retirement System and the respective CITY pension plan simultaneously. 3.5.3 Continuation in CITY Pension Plan(s) -Contributions For all Transferred Employees who elect to continue participation in either the CITY of Winter Springs Employees' Pension Plan, the COUNTY agrees to pay into such pension plan monies equivalent to the sum total of the required contribution for the Transferred Employee to that plan and the required employer's contribution as determined by the actuary employed by the CITY's Pension Board of Trustees and as otherwise provided for by state law or by ordinance of the CITY. At no time shall the COUNTY be required to contribute to any CITY pension plan at a rate greater than the employer contribution rate then required by the Florida Retirement System for similarly classified employees. 3.5.4 Florida Retirement System Contributions The parties agree that should a Transferred Employee elect to join the Florida Retirement System, the COUNTY shall make the required employer contribution to the Florida Retirement System. 3.5.5 FRS Past Service Credit The COUNTY will not finance or otherwise pay for "past service" credit for Transferred Employees as defined by the Florida Retirement System as authorized under Chapter 121, F.S.S. 3.6 EMPLOYMENT RIGHT OF CONTROL The COUNTY shall have and maintain all responsibility for and control over the delivery of services, standards of performance, discipline of personnel and other matters incident to the performance of the services, duties and responsibilities described and contemplated herein, including the determination of wages and benefits for Transferred Employees. 3.7 ASSIGNMENT OF PERSONNEL The COUNTY agrees to transfer CITY employees identified on Attachment "A" to the initial COUNTY organization structure depicted on Attachment "B". The COUNTY may alter assignments in the future consistent with COUNTY policies and procedures. 3.8 WORKER'S COMPENSATION The COUNTY agrees to cover all costs for worker's compensation insurance for Transferred Employees effective October 2, 2008. Any claims for Transferred 6 Employees pertaining to incidents occurring prior to October 2, 2008 shall remain the responsibility of the CITY. 3.9 TRANSFER OF VACATION AND SICK LEAVE BALANCES. The COUNTY agrees to accept all vacation and sick leave balances of all Transferred Employees which have been accrued while employed at the CITY through October 1, 2008, inconsideration of the CITY transferring all capital assets required under Paragraph 6.2 of this Agreement. ARTICLE 4: FINANCIAL CONSIDERATIONS 4.1 FIRE IMPACT FEES 4.1.1 Rates; Property of County. The CITY agrees to maintain Fire Impact Fees to the extent required to fund the CITY's Fire/Rescue-related capital expansion plan, which is attached hereto as Attachment "C" unless otherwise mutually agreed to by the COUNTY and CITY. Any unused Fire Impact Fee balance collected by the CITY prior to the effective date of this Agreement, and all Fire Impact Fees collected after said effective date, shall be the property of the COUNTY to be used for the purposes set forth in the CITY'S fire impact fee ordinance and re-ated capital expansion plan. 4.1.2 CITY to Collect Fire Impact Fee; Payment of Funds The CITY agrees to continue to collect a Fire Impact Fee established by the CITY after the transfer date and to hold such monies collected until such time the COUNTY requires the monies to be expended to implement the Fire/Rescue-related capital improvement program required by Paragraph 4.1.1. The CITY will provide an accounting of the collected Fire Impact Fees to the COUNTY annually or upon request. The COUNTY agrees to provide a proper written invoice requesting the CITY to release the Fire Impact Fee monies to the COUNTY. 4.1.3 Recognition of Past Payments The COUNTY agrees to recognize previous fire impact fee payments made to the CITY by private developers in accordance with CITY'S impact fee ordinance. 4.2 CITY AMBULANCE BILLING 4.2.1 Transfer of Ambulance Billing The COUNTY agrees to assume responsibility for billing and collection activities associated with emergency medical transport services rendered to patients transported from within CITY limits effective October 2, 2008 and continually thereafter. Billing will be conducted in accordance with COUNTY 7 rates, procedures and policies. 4.2.2 Past Receivable and Previous Accounts The CITY will maintain control of all transport accounts prior to October 2, 2008. The COUNTY assumes no claim or liability for past transport accounts. 4.2.3 CITY Authorizes COUNTY to Impose Transport Charges The CITY hereby authorizes the COUNTY to impose emergency medical transport fees within the CITY limits. 4.2.4 Non-discriminatory Rate Structure The COUNTY hereby agrees to maintain an emergency medical transport fee rate structure which imposes fees on patients transported from within CITY limits at rates which are no more than those imposed on patients transported from within the unincorporated limits of the COUNTY. 4.3 FINANCING OF REQUIRED SERVICES 4.3.1 CITY to Join COUNTY Fire/Rescue Municipal Services Taxing Unit (MSTU) To provide the COUNTY with a method to finance the services required of the COUNTY by this Agreement for all fiscal years subsequent to October 1, 2008, the CITY hereby agrees to join the COUNTY Fire Municipal Services Taxing Unit effective not later than October 2, 2008. To that end, the CITY further agrees to pass and adopt appropriate CITY interlocal agreements, resolutions and/or ordinances to accomplish the aforementioned on or before September 1, 2008. 4.3.2 No Future CITY Financial Obligations Upon joining the COUNTY Fire Municipal Services Taxing Unit the CITY shall have no further financial obligation to the COUNTY for the fire/rescue/EMS services contemplated by this Agreement. 4.4 MISCELLANEOUS FEES. Any adopted fee schedule of the COUNTY for fire and rescue services which have been uniformly adopted for the COUNTY'S MSTU District including, but not limited to, fees related to special event stand-bys, false alarms, and hazardous materials recovery shall apply within the corporate limits of the CITY and shall be payable to the COUNTY in accordance with the COUNTY'S policies. ARTICLE 5: EFFECTIVE DATE AND TERM OF AGREEMENT This Agreement shall become effective on October 2, 2008. Unless this Agreement is terminated in accordance with Article 7, this Agreement shall remain in full force and effect. Although this Agreement will not be filed with the Clerk of the Circuit Court, in and for Seminole COUNTY, prior to October 2, 2008, and will not thereby become effective until filed, the term of this Agreement, upon its filing with the aforementioned Clerk of Circuit Court, shall be deemed to relate back to October 2, 2008, and CITY and COUNTY agree to be bound by the terms hereof commencing October 2, 2008. ARTICLE 6: PROPERTY TRANSFER It is generally agreed by both CITY and COUNTY that ownership or control of facilities and equipment owned and used directly by the CITY Fire Department immediately prior to the transfer date shall pass from the CITY to the COUNTY upon the transfer date as more specifically described herein. 6.1 REAL PROPERTY AND IMPROVEMENTS 6.1.1 COUNTY to Lease CITY Fire Stations The CITY currently operates three Fire Stations: Station 24 located at 102 North Moss Road, Winter Springs; Station 26 located at 850 Northern Way, Winter Springs; and Station 28 located at City Hall, 1126 E. State Road 434, Winter Springs. The CITY agrees to lease to the COUNTY and the COUNTY agrees, until this agreement expires or is terminated, to lease from the CITY the property and improvements that constitute Fire Station Numbers 24 and 26, specifically described on Attachment "D" attached hereto, for the sum of one dollar ($1.00) per year. In addition, unlike CITY Fire Stations Numbers 24 and 26, which are stand alone facilities, Fire Station 28 is a part of the CITY's City Hall Building and thus cannot practically be separated for lease to the COUNTY. In recognition of this fact the CITY agrees to lease to the COUNTY and the COUNTY agrees to lease from the CITY, until this agreement expires or is terminated, that portion of the CITY's City Hall Building devoted to use as CITY Fire Station 28, as more specifically described on Attachment "E" attached hereto, for the sum of one dollar ($1.00) per year. 6.1.2 Construction of New Station 28. As provided in the CITY's fire/rescue capital expansion plan, the COUNTY agrees to construct a new standalone fire station 28 at the City Hall location when the COUNTY determines such standalone station is warranted based upon call volume, building characteristics, and National Fire Prevention Association Standards. 9 6.1.3 Maintenance Responsibilities (excluding shared City Hall Station) The COUNTY agrees to maintain, at its expense, during the term of this Agreement Stations 24 and 26 in a clean condition, free from debris, normal wear and tear excepted. All maintenance services for the grounds and building shall be performed by the COUNTY, at its expense. Both parties hereby acknowledge that the CITY shall have no liability or responsibility, financial, operational or otherwise, so long as this facility continues to be leased by the COUNTY. 6.1.3.1 Any proposed changes, modifications, or capital improvements to the Station by the COUNTY shall first be submitted to the CITY for review and approval. All changes, modifications, or capital improvements shall be at the COUNTY'S expense and must be permitted and constructed under all requirements of the CITY'S building codes. 6.1.3.2 The COUNTY hereby acknowledges that to the extent that the CITY has certain public utility facilities co-located with the aforementioned Stations, the COUNTY agrees to allow the CITY or its' agents continued unencumbered access to these public utility facilities at any time. 6.1.4 Maintenance Responsibilities (shared City Hall Station) 6.1.4.1 The COUNTY, at its expense, agrees to maintain Station 28, during the term of this Agreement, in a clean condition, free from debris, normal wear and tear excepted. As long as the Station 28 is located in a portion of the City Hall building, maintenance services for the grounds and structural portion of the buildings shall be performed by the CITY, at its expense, including, but not limited to such items as perimeter roll-up doors, electrical system, underground storage tanks, HVAC, fire alarm/sprinkler system testing and inspection, pest control, emergency generator power, roof repairs, doors, windows, walls, and plumbing. The COUNTY shall maintain, at its expense, all other portions of the building including daily cleaning, carpet, appliances, interior wall coverings, exterior doors all furniture and fixtures and other such building items. 6.1.4.2 Any proposed changes, modifications, or capital improvements to the Station by the COUNTY shalt first be submitted to the CITY for review and approval. All changes, modifications, or capital improvements shall be at the COUNTY'S expense and must be permitted and constructed under all requirements of the CITY'S building codes. ~o 6.1.4.3 The COUNTY agrees to pay the calculated share of 10% of all utilities which cannot be directly billed to COUNTY due to shared use of the City Hall Building shall include, but not be limited to electric, water, sewer, and solid waste removal through the term of this Agreement. 6.1.4.4 CITY agrees to dedicate and designate not less than five parking spaces for use by COUNTY employees and others occupying or visiting the Station. CITY reserves the right to periodically re-designate and/or relocate these five dedicated parking spots as it deems necessary. 6.1.4.5 If a stand alone building is constructed to replace the shared City Hall station, the provisions of Paragraph 6.1.2 shall apply to the stand alone building unless otherwise agreed in writing by the COUNTY and the CITY. 6.1.5 COUNTY to Assume Liability for Leased Facilities COUNTY assumes all liability for any and all losses and claims for damages at all leased facilities as the result of its operations at those facilities. COUNTY agrees to defend, indemnify and hold the CITY harmless for all such losses and claims for damages as permitted by Florida Statute 768.28. Further, should the COUNTY purchase commercial insurance to finance such losses, the CITY shall be listed as an additional insured and it shall be understood that any such insurance shall be primary over any existing CITY insurance for losses and claims for damages arising out of the acts and operations of the COUNTY. If the COUNTY relies on Fire Legal Liability afforded by a Comprehensive General Liability insurance policy to provide said coverage, the sub-limit must be increased by endorsement to adequately insure the replacement cost value of each leased faculty. 6.1.6 Costs of County Computer Networks All initial necessary costs to network communications of CITY equipment with the COUNTY, including but not limited to computers and telephones, shall be the responsibility of the COUNTY. 6.1.7 County Inspection Prior to Transfer. Prior to the COUNTY initially taking possession of Stations 24, 26, and 28, the COUNTY shall inspect each station to evaluate the current condition of each building's major components such as roof, HVAC, septic/sewer, plumbing, and appliances, and evaluate the premises for the presence of unacceptable levels of mold. If necessary, the COUNTY shall itemize any needed repairs in writing to the CITY prior to taking possession. The CITY shall be responsible for making the repairs prior to the COUNTY taking possession unless otherwise mutually agreed to in writing. 6.2 PERSONAL PROPERTY (Rolling Stock, Equipment, Etc.) 11 Under the conditions set forth in Paragraph 3.9 of this Agreement, the CITY agrees to transfer to the COUNTY on October 2, 2008, all of the CITY's capital assets as identified in Attachment "F". COUNTY hereby accepts all items in an "as is" condition. CITY makes no warranties as to the condition and/or performance of any such items. As of October 2, 2008, COUNTY assumes all liability for the proper utilization and/or operation of such items and agrees to defend, indemnify and hold CITY harmless for any and all claims resulting from the use or operation of said rolling stock, equipment and furniture. To the extent that any transferred emergency vehicle does not meet the COUNTY's minimum standards, the COUNTY agrees to bring that vehicle up to the COUNTY'S minimum standards, through replacement or modification, within three years from the effective date of this Agreement. ARTICLE 7: TERMINATION OF AGREEMENT The COUNTY does hereby acknowledge that the CITY is entering into this Agreement in full reliance upon the COUNTY'S fulfillment of the obligations herein imposed for the full term contemplated herein. The CITY also acknowledges that the COUNTY expressly assumes the obligation of service herein described and the COUNTY acknowledges and agrees that there will be certain costs and expenses and that the COUNTY will be required to make numerous operational changes to and with the COUNTY'S existing system. The COUNTY is entering into this Agreement in reliance that the CITY will continue in this Agreement pursuant to the terms stated herein. However, CITY and COUNTY realize that unforeseen events may occur that may cause one or the other party or both to seek termination of this Agreement in a manner consistent with the terms described below: 7.1 CITY The CITY agrees that prior to October 1, 2013, it will not seek to terminate this agreement except for just cause as related to a violation of this agreement. Subsequent to October 1, 2013, the CITY, in its' sole discretion may terminate this agreement for any reason whatsoever, by giving written notice thereof to the COUNTY; such termination shall not be effective until the beginning of the first fiscal year which is at least two (2) full years after receipt of written notice by the COUNTY. 7.2 COUNTY The COUNTY agrees that prior to October 1, 2013, it will not seek to terminate this agreement except for just cause as related to a violation of this agreement. Subsequent to October 1, 2013, COUNTY, in its sole discretion, may terminate this Agreement, for any reason whatsoever, by giving written notice thereof to the CITY; provided, however, such termination shall not be effective until the beginning of the first fiscal year which is at least two (2) full years after receipt of written notice by the CITY. In the event of such termination, the CITY shall render such aid, coordination and cooperation to the COUNTY that might be required for an expeditious and efficient termination of service. 12 7.3 RE-ESTABLISHMENT OF CITY FIRE DEPARTMENT IN THE EVENT OF TERMINATION The COUNTY agrees and recognizes the necessity of providing continued emergency medical services to the citizens of the CITY. Therefore, the COUNTY agrees that in the event of termination of this Agreement the COUNTY shall support and approve and not oppose in any manner the issuance of all necessary licenses, certificates, documents or permits to allow the CITY to reinstate the CITY'S Fire and Emergency Medical Service as presently provided by the CITY or as may be contemplated by the CITY in the future. 7.3.1 Interlocal Cooperation In the event of termination of this Agreement, the COUNTY and the CITY shall cooperate in good faith in order to effectuate a smooth and harmonious transition from COUNTY to a CITY operated or contracted Fire and/or Emergency Medical Service and to maintain during such period of transition the same high quality of Fire and Emergency Medical Service otherwise afforded to the residents of the CITY pursuant to the terms hereof. 7.3.2 Interim COUNTY Service In the event of such termination and, in the event that on the actual date that such transfer of services is to take place, the CITY is unable to provide the same level of service of Fire Suppression Service and Emergency Medical Service, as provided for in this Agreement, then this Agreement shall be deemed automatically extended for a period of ninety (90) days, or until the CITY is capable of rendering such services and so advises the COUNTY. The CITY agrees to reimburse the COUNTY for actual expenses incurred during such automatic extension period as evidenced by appropriate invoices, payroll records, operational records, and any other financial records as may be deemed appropriate to reconcile actual expenditures by the COUNTY less such payments as may be made to the COUNTY by the CITY or third parties. 7.3.3 Re-employment of Transferred Employees The CITY and the COUNTY recognize the need to protect Transferred Employees from adverse effects which may be caused by the termination of this Agreement. Therefore, the CITY agrees that in the event either the CITY or COUNTY chooses to terminate this Agreement and the CITY chooses to establish or re-establish a Fire and/or Emergency Medical Services Department utilizing CITY employees, the CITY Manager and COUNTY Manager will determine the scope of re-employment and/or transfer of former CITY employees and current COUNTY employees to minimize and/or eliminate the necessity of a labor force reduction in the COUNTY Fire/Rescue Division. 13 7.3.4 Vacation of Facilities The COUNTY agrees to vacate the facilities and return ownership of any Stations leased under this Agreement upon termination or expiration of this Agreement. COUNTY shall remove all items of personality and peacefully surrender and deliver the whole of such facilities, together with all improvements thereon. 7.3.5 Return of Property Upon termination of this Agreement, COUNTY shall transfer all personal property (rolling stock, equipment, etc.) of similar condition and utility back to the CITY. The value of said property shall be based on book-value unless otherwise agreed upon by the CITY Manager and COUNTY Manager or their designees. It is recognized that all property to be transferred back to CITY from COUNTY may carry values either significantly greater or less than the value determined upon the effective date of this Agreement. To the extent that the transferred value exceeds the value of the property at said effective date, the CITY will pay the COUNTY the difference in value upon transfer. On the other hand, if the value is less, the COUNTY will pay the CITY the difference in value upon transfer. If the CITY Manager and COUNTY Manager can not agree on the value of the property, they shall agree on an independent third party to value the property and said independent party's opinion shall be binding upon the parties. However, with respect to any property purchased with Fire/Rescue Impact Fees after the effective date of this Agreement, said property shall not be part of the valuation and shall be returned to the CITY. ARTICLE 8: MISCELLANEOUS PROVISIONS CITY shall remain liable for any and all claims of property damage, liability, workers' compensation, environmental contamination, etc. including but not limited to payment of claims, judgments, awards, and legal fees for injuries, illnesses, exposures or events occurring prior to the effective date of this agreement. ARTICLE 9: NOTICES All notices required hereunder shall be by first class mail, except that any Notice of Termination shall be mailed return receipt requested. Any notice hereunder shall be addressed to the party intended to receive same at the following addresses: For the CITY: City Manager CITY of Winter Springs 1126 E. State Road 434 14 Winter Springs, FL 32708 For the COUNTY : County Manager Seminole County 1101 East First Street Sanford, FL 32771 The notice address may be freely amended by either party by providing the other party written notice of the change of address. ARTICLE 10: AMENDMENTS The parties acknowledge, one to the other, that the terms hereof constitute the entire understanding and agreement of the parties with respect hereof. No modification hereof shall be effective unless in writing, executed with the same formalities as this Agreement is executed. ARTICLE 11: BINDING EFFECT This Agreement shall inure to the benefit of and be binding upon the respective parties' successors. ARTICLE 12: ASSIGNMENT The COUNTY agrees not to assign any of the services specified by this Agreement to a third party without the express written permission of the CITY. ARTICLE 13: CONFLICT RESOLUTION If the COUNTY and the CITY disagree on an application or an interpretation of a portion of this Agreement, the disagreement shall be settled in accordance with the "Interlocal Agreement on Mediation and Intergovernmental Cooperation" dated January 24, 1995, or any successor thereto to which both the COUNTY and the CITY are parties. ARTICLE 14: RECORDATION. The COUNTY shall record this Agreement with the Seminole County Clerk of the Court upon execution of the parties and prior to October 2, 2008. Upon return from recordation, the COUNTY shall deliver a recorded copy of this Agreement to the CITY. 15 IN WITNESS WHEREOF, the parties hereto have caused their respective representatives to execute this instrument on their behalf, at the time set forth below. SEMINOLE COUNTY, Florida Chairman, County Commission CITY of WINTER SPRINGS, Florida Mayor ATTEST: Clerk, Board of County Commissioners Approved as to Form and Legat Sufficiency: ATTEST: City Clerk Approved as to Form and Legal Sufficiency: County Attorney City Attorney 16 --~- Consolidation Analysis Fire Department Budget - FY 2009 FY 2009 Prelim Taxable Value Budget @ 96% FY 2009 Fire Dept. Budget: No Enhancements (1) County Pay Scale County Pension Oviedo Pay Scale Adjusted FY 2009 FD Budget Resulting Fire Dept. Millage Estimated County MSTU Increase (Decrease) Enhancement A Enhancement B No -County Pay Scale -Oviedo Pay Scale Enhancements (1) -County Pension -County Pension 2,000,953,798 2,000,953,798 2,000,953,798 1,920,915,646 1,920,915,646 1,920,915,646 4, 703, 241 4, 703, 241 4, 703, 241 63,000 600,000 600,000 540, 000 4, 703, 241 5 , 366, 241 5, 843, 241 2.4484 2.7936 3.0419 2.3299 2.3299 2.3299 (0.1185) (0.4637) (0.7120) (1) Assumes 4% Merit Increase. - rr Consolidation Analysis Fire Department Budget - FY 2009 FY 2009 Prelim Taxable Value Budget @ 96% FY 2009 Fire Dept. Budget: No Enhancements (1) County Pay Scale County Pension Oviedo Pay Scale Fully Man St. 28 Adjusted FY 2009 FD Budget Resulting Fire Dept. Millage Estimated County MSTU Increase (Decrease) Enhancement A Enhancement B No -County Pay Scale -Oviedo Pay Scale Enhancements (1) -County Pension -County Pension 2,000,953,798 2,000,953,798 2,000,953,798 1,920,915,646 1,920,915,646 1,920,915,646 4,703,241 4,703,241 4,703,241 63, 000 600, 000 600, 000 540, 000 360,000 360,000 4, 703, 241 5, 726, 241 6, 203, 241 2.4484 2.9810 3.2293 2.3299 2.3299 2.3299 (0.1185) (0.6511) (0.8994) (1) Assumes 4% Merit Increase.