SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS EXECUTIVE SUMMARY SUBJECT: Amendment #3 to the Interlocal Governmental Agreement for Fire Prevention, Protection, Emergency Medical, and Emergency Management Services between the Board of County Commissioners of Sumter County, Florida and The Village Center Community Development District REQUESTED ACTION: Staff Recommends Approval Meeting Type: Regular Meeting DATE OF MEETING: 12/13/2016 CONTRACT: N/A Vendor/Entity: The Villages Center Community Development District Effective Date: Termination Date: 9/30/20 Managing Division / Dept: Administrative Services BUDGET IMPACT: Varies Based on Budget Approval Process each FY FUNDING SOURCE: Fire District Assessment Fees, General Fund Appropriation Type: Annual EXPENDITURE ACCOUNT: Villages Fire District Fund HISTORY/FACTS/ISSUES: On September 27, 2011, Sumter County BOCC entered into an Interlocal Governmental Agreement with the Village Center Community Development District for Fire Prevention, Protection, Emergency Medical and Emergency Management Services. This Third Amendment to the Foundation Agreement eliminates all attachments ( A-C ) from the Foundation Agreement, as well as Attachment C of the second amendment to the Foundation Agreement, and replaces them with a new Attachment A titled The Villages Public Safety Department Sumter County Service Area Map. The District agrees to abide by additional conditions for the use of Sumter County s P25 Digital Public Safety Radio System detailed in the first amendment to the Foundation Agreement. The County agrees to provide District shared access and use of the South Wildwood fire station facility (Station #33) for the provision of services until such time as the District no longer has a need of the facility. The County amended its Code of Ordinances to reflect the Florida State Statutes 633.212, 633.208 and 633.216, where the County is the Authority Having Jurisdiction (AHJ), for all fire plan review and inspections in Sumter County; however, this Third Amendment to the Foundation Agreement provides the District delegated authority to perform these functions within The Villages Fire District as designated in Attachment A Prepared by: Debra Edwards Grammarly Check Page 1 of 1
THIRD AMENDMENT TO INTERLOCAL GOVERNMENTAL AGREEMENT FOR FIRE PREVENTION, PROTECTION, EMERGENCY MEDICAL, AND EMERGENCY MANAGEMENT SERVICES BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF SUMTER COUNTY, FLORIDA, AND THE VILLAGE CENTER COMMUNITY DEVELOPMENT DISTRICT THIS THIRD AMENDMENT TO THE INTERLOCAL GOVERNMENTAL AGREEMENT ( Third Amendment ) is made and entered into this 13 th day of December, 2016, by and between the BOARD OF COUNTY COMMISSIONERS OF SUMTER COUNTY, FLORIDA ("County"), and the VILLAGE CENTER COMMUNITY DEVELOPMENT DISTRICT ("District") for the purpose of establishing the rights and responsibilities of the County and the District with regard to the provision of fire prevention, protection, emergency medical, public safety radio usage, and support to emergency management services, and in furtherance of same, the County and the District hereby agree as follows:. RECITALS WHEREAS, County and District entered into the original agreement dated the 27 th day of September 2011 (Foundation Agreement) to establish the coordinated approach to the provision of specific services, commensurate to the level of funding provided by County through its General Fund, in support of non-transport basic and advanced life support services, and to supplement The Villages Fire District Assessment Fee for the direct provision of fire protection services, including automatic and mutual aid; and WHEREAS, County and District entered into the first amendment to the Foundation Agreement on the 27 th day of March 2012, to include conditions associated with the use of Sumter County s P25 Digital Public Safety Radio System; and WHEREAS, Paragraph 4 of the Foundation Agreement outlined Fire Protection and Non-Transport Basic and Advance Life Support Services Additional Areas Outside of The Villages Fire District and Within The Sumter Fire District and identified two distinct map areas with associated timeframes for commencement of coverage; and WHEREAS, Paragraph 4, Subsection b of the Foundation Agreement, states that County and District hereby agree that District will provide primary fire protection and non-transport basic and advanced life support services outside of The Villages Fire District and within the Sumter Fire District as depicted in the map attached to this agreement as Attachment C, which is incorporated herein, in haec verba, beginning on January 1, 2013 and continuing until such time as The Villages Public Safety Department Station located at Buena Vista and C-44A is fully staffed ; and WHEREAS, on June 12, 2012, County and District amended Paragraph 4 Subsection b, by virtue of the second amendment to the Foundation Agreement, which replaced Attachment C of the Foundation Agreement, on June 12, 2012; and WHEREAS, this Third Amendment to the Foundation Agreement eliminates all attachments ( A-C ) from the Foundation Agreement, as well as Attachment C of the second amendment to the Foundation Agreement, and replaces them with a new Attachment A titled The Villages Public Safety Department Sumter County Service Area Map. ; and WHEREAS, District agrees to abide by additional conditions for the use of Sumter County s P25 Digital Public Safety Radio System detailed in the first amendment to the Foundation Agreement, as outlined herein; and WHEREAS, County agrees to provide District shared access and use of its South Wildwood fire station facility (Station #33) for the provision of services until such time as District deems it no longer has a need of the facility; and WHEREAS, County entered into Interlocal Service Boundary Agreements with all of its municipalities, including the City of Coleman, effective December 12, 2016; and WHEREAS, a provision in the Water and Sewer Service Sub-Agreement with its municipalities requires Sumter County s fire service provider in the municipalities to perform fire flow tests, minor fire hydrant maintenance (limited to oiling, greasing, and painting), street markings for fire hydrant locations, and reporting of any 00628367
maintenance issues related to fire hydrants noted beyond the minor maintenance noted herein; and WHEREAS, County amended its Code of Ordinances to more accurately reflect Florida State Statutes 633.212, 633.208, and 633.216, where County is the Authority Having Jurisdiction (AHJ), as that term is defined, for all fire plan review and inspections in Sumter County; however, this Third Amendment to the Foundation Agreement provides District the delegated authority to perform these functions within The Villages Fire District as designated in Attachment A.. NOW THEREFORE, the parties hereto agree to this Third Amendment to the Foundation Agreement and the as well as the amended provisions of the First and Second Amendments to the Foundation Agreement as follows: 1. Recitals: a. The above Recitals and Whereas clauses are true and correct and are incorporated into this Third Amendment to the Foundation Agreement, in haec verba. 2. Paragraph 4 a. and b. of the Foundation Agreement are amended to read as follows: a. County and District hereby agree that District will provide primary fire protection and non-transport basic and advanced life support services outside of The Villages Fire District as depicted in the map in Attachment A, which is incorporated herein, in haec verba, beginning January 1, 2017. Section 4(b) is hereby deleted. 3. Paragraph 5 a. of the Foundation Agreement is amended to read as follows: a. In consideration of District providing Fire Protection Services within the areas outside The Villages Fire District as depicted in Attachment A, County agrees to pay to District all net MSBU fund revenues received from the Tax Collector within thirty (30) days of receipt from District, generated through the Sumter Fire District MSBU Fire Fee Assessment program. In addition, any general fund monies deemed necessary by County, in County s sole and absolute discretion, to provide basic and advanced life support services to these areas shall be paid to District on a quarterly basis. 4. Paragraph 13, Miscellaneous (h., i., and j.) are hereby added to and incorporated as if fully stated in the Foundation Agreement as follows: h. County agrees to provide for the cohabitation of District staff and equipment within County s South Wildwood Fire Station (#33) located at 3290 CR 521, Wildwood, FL., to provide services under the Foundation Agreement and the amendments thereto. i. District will perform the fire hydrant services according to the interlocal service boundary agreements between County and each municipality in the areas that District provides services under the Foundation Agreement and any amendments thereto. j. County amended its Code of Ordinances to more accurately reflect Florida State Statutes 633.212, 633.208, and 633.216 where County is the Authority Having Jurisdiction (AHJ) for all fire plan review and inspections in Sumter County; however, County grants District the delegated authority to perform these functions within The Villages Fire District as depicted in Attachment A. 5. Paragraph 14 Public Safety Radio System is hereby added to and incorporated as if fully stated in the Foundation Agreement as follows: a. County will provide and maintain required infrastructure and support for the Public Safety Radio System to provide for the communications needed to support the delivery of services provided under this agreement to include District s services under the Foundation Agreements and the amendments thereto. 00628367
The Villages Public Safety Department Sumter County Service Area Map Attachment "A" Legend Roads Lakes The Villages Fire District Additional Response Area