The URL can be used to link to this page

Home My WebLink About1980-31CA '�!4N'00 8-20-80 AGREEMENT THIS AGREEMENT, made and entered into this 19th day of Auqust 1 1980, executed in duplicate (each executed copy constituting an original) by and between the CITY OF VERO BEACH, FLORIDA, hereinafter called the "City", and INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, here- inafter called the "County". WITNESSETH: WHEREAS, the City and County have expressed their desire to unite their efforts and resources in order to form a unified fire district to provide the south county area with fire protection; and WKEREAS, both parties intend to pass a duly -enacted ordinance formally expressing their intent to participate in and form the SOUTH INDIAN RIVER COUNTY FIRE DISTRICT (hereinafter called the "District"); and WHEREAS, the parties agree that a written agreement defining their respective rights and responsibilities regarding the formation, operation and possible dissolution of the District is necessary, NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. SEPARATE & DISTINCT ENTITY. The formation of the SOUTH INDIAN RIVER COUNTY FIRE DISTRICT shall give birth to a distinct and viable legal entity. Accordingly, the District shall have the power to sue and be sued, and therefore shall avail itself of liability limits for those liabilities as provided in Chapter 95, Florida Statutes. In addition, the District shall have the power to purchase, receive, lease or otherwise acquire real and/or personal property, to make contracts and incur legal liabilities, to levy an authorized millage, borrow and expend money and issue bonds, revenue certifi- cates and other obligations of indebtedness as provided by law now and in the future, and generally to transact all lawful business and exercise all lawful powers to effect the purpose of the formation of the District. Boa 44 PAGE 424 AUG 2 71980 A I AUG 2*7 1980 BOOK 44 PAA25 2. DISTRICT BOUNDARIES. The geographical area of the District shall be as follows: All of the Township 30 South and Township 31 South lying East of the West bank of the Indian River, excepting all lands lying within the Town of Orchid and the Town of Indian River Shores; said lands all located and limited to Indian River County, Florida; and all of Township 32 South and Township 33 South lying East of Interstate Highway 95, excluding the Town of Indian River Shores, and including the municipal boundaries of the City of Vero Beach; said lands all located in and limited to Indian River County, Florida. 3. GOVERNING BODY. The governing body of the special district shall be comprised of the five County Commissioners of Indian River County who shall be referred to as the "District Board of Fire Commissioners". Three (3) members of the governing body shall con- ::titutv a quorum. The affirmative vote of three (3) members of the governing body shall be necessary to pass any resolution, motion, or other lawful act. 4. SOUTH COUNTY ADVISORY COMMITTEE. There is hereby created a seven member South County Fire District Advisory Committee which shall be comprised of the chairman and vice chairman of the County Commission; the Mayor and Assistant Mayor of the City Council of the City of Vero Beach; and two members from the public at large, one member to be appointed by the Indian River County Board of County Commissioners, and one member to be appointed by the City Council of the City of Vero Beach; and one member who shall be the then President of the Vero Beach Volunteer Fire . Department, Inc.. Although the Committee is advisory in nature, the parties hereby express their intent and desire that any and all recommendations, work product and suggestions submitted by the Advisory Committee be given serious consideration by the governing body. 5. REAL PROPERTY. A. The City shall lease to the District the following described parcels of real property and buildings, fixtures and structures situated thereon: 1. Station #1 (Downtown Station), which is situated on a parcel of land more particularly described as follows: - 2 - I Lots 13 thru 16 inclusive, Block 48, City of Vero Beach Subdivision, formerly Original Town of Vero Subdivision. The parties contemplate the relocation of the Downtown site to a parcel of city -owned land in the vicinity of 16th Street and Old Dixie Highway. Upon relocation, the City will lease said parcel of land to the District. 2. Station #2 (Beach Station), which is situated on a parcel of land more particularly described as follows: A plot of land approximately 160' x 120' in Government Lot 2, SEC 31 Tim 32S Rng 40E. 160' + along the N. line adjacent to Libra of Vero Reach, Inc. property; 120' + along Bridge Plaza Road; 160' + along BeachlaNd Blvd. R/W; 400' + along the river edge. 3. Station #3 (Airport Station), which is situated on a parcel of land more particularly described as follows: From the SW corner of Tract 13, SEC 34 Twp 32S Rng 39E run N. along the section line a distance of 1,180'; thence at right angles to said section line run E. a distance of 75' to a point of beginning on,the E. right-of-way of 43rd Avenue; from said point of beginning continue E. a distance of 474'; thence run N. a distance of 250'; thence run W. a distance of 474' to said E. right- of-way; thence run S. along said E. right-of-way of 43rd Avenue a distance of 250' to the point of beginning. Less all existing rights-of-way or easements of record. The parties agree that the District shall assume the rental payments for the Airport Fire Station currently paid by the City to the municipal airport. The District shall pay the annual base rent of $3,640.00, plus annual adjustments thereon. Said annual adjust- ments are made on October 1 of each year, and calculated according to the Consumer Price Index formula contained in City of Vero Beach Resolution #2806. In the event the City is legally precluded from leasing the Airport Fire Station, equipment and personal property therein to the District, the City agrees to contract with the District to furnish the same for a nominal fee and under conditions to be agreed upon in a separate agreement. However, fire protection and related services will be provided by the District. B. The County shall lease to the District two (2) parcels of county -owned land; one (1) parcel located in the vicinity of Oslo Road and one (1) parcel located in the Winter Beach area. 3 BooK 44 FAcA26 AUG 2 71980 AUG 2 71980 BOOK 44 PAGE 427 The City and County shall lease the above-described property to the District for the sum of One Dollar ($1.00) per year as long as the District retains its identity and composition as defined herein and uses the leased property for fire protection and related services, including but not limited to ambulance and rescue services. The parties shall enter into separate lease agreements regarding each parcel after the formation of the District. 6. INVENTORY AND INDEBTEDNESS. The City shall convey free of charge the following designated city -owned vehicles, fire fighting equipment and related personal property, to the District October 1, 1980, subject to the lawful formation of same: (A list of city -owned vehicles and vehicles furnished by the Vero Beach Volunteer Fire Department, Inc., is attached hereto as Exhibit "A", and is made a part of this agreement, Exhibit "A" will be amended to include additional city -owned fire fighting equipment and miscellaneous personal property associated therewith). The District shall assume and become legally obligated for the outstanding liens, encumbrances and/or indebtedness attached to each item conveyed by the City. The total indebtedness to be assumed by the District for each item conveyed is evidenced in Exhibit "A", attached hereto. The District shall execute any and all documents necessary for the legal assumption of said indebtedness. The parties hereby agree that the District is authorized to accept conveyance of certain equipment currently titled in Vero Beach Volunteer Fire Department, Inc.. 7. SPECIAL AIRPORT EQUIPMENT. The District shall be re- imbursed by the City for expenses and costs for specialized equipment, maintenance, supplies, training and/or personnel necessary for adequate fire protection unique to the airport property. 8. ADMINISTRATION. The City shall provide general admini- stration services for the District for an initial period of five (5) years from the date of the formation of the District, unless other- wise agreed in writing by the parties. The District may contract with the City to furnish said administrative services beyond the initial five (5) year period pursuant to a separate written agree- ment duly executed by the City and the District. For the purposes of this provision, general administrative services shall include the following: 7--m moor 77 Exhibit "A" to Aprcomcnt between Colin�d City creatiJig theEfflWh jndj= River County Fire District W111CIAS OVINED A1117 01'rIZATrO BY TUE, CITY Or VE'RQ BrXII FIRI: DEPARVICNT OWNED V1711TCLES LEASED V-MICTLES JIFRTZ CORPOI LION 1980 Chevrolet' 2 Dr. Sedan • 11-1271CAY,423379 FC -6 D & 11 T_E?STNG, INC. 1980 Honda 2 Dr. Sedan SLCIO19736 F-9 1980 lionda Civic 2 Dr. Sedan SLA102.1779 FC -16 INDEBTEDNESS as of July 25, 1980 One (1) 1078 Mack Truck $50,454,30 0110 (1) 1980 Mack Truck (to be delivered in $53,399,30* November, 1980) Xhis vehicle is titled in the Vero Beach Volunteer Fire Department Inc.. The conveyance of said vehicle to the District will be made' pursuant to a separate agreement between the District and Vero Beach Volunteer Fire Department, Inc. The City shall transfer the above -listed "Leased Vehicles" to the. District subject to prior written approval of the respective lessors The transfer of the "Leased Vehicles" shall be accomplished by,a lawful assignment of the leases therefor, whereupon the District shall assume all rights and obligations as defined in said leases. AUG 2 '71980 44 PAIA28 CITY Yl,'A)t TRADE 11PID7 P,o77 Ty r r 71) or .10-11.IAL 0 WHICLE 19113 Mack Nnpar U6851,121950 El 1979 Ford Truck CGIPV17/'V',488 - X R2 1974 Chevrolet J:escuc Truck CCZ334A174459 ri 1970 Ford reaper C911,11366070 13 1967 Ford Truck F60DCL60602 B4 1969, Ford Truck F35YIIF71666 1955 Ford rmiper F75J51120108 117 1959 LaYrance PLnper IC625BIC66 E8 1977 Chevrolet 4DoorSedan IXGOI17TI614/460 CIO 1975 Ford Courier. Truck SGTAR1143153 %T11 1964 Chevrolet Truck, 4111 AAA113390 C12 1973 Chevrolet Tanker/Pumper CCE663VI69486 T13 1976 Chevrolet Tanker/Pumper CCt.666VI45475 FRI4 1911 Ford TLUCILIla 1,611)0,61936 ' 11 LEASED V-MICTLES JIFRTZ CORPOI LION 1980 Chevrolet' 2 Dr. Sedan • 11-1271CAY,423379 FC -6 D & 11 T_E?STNG, INC. 1980 Honda 2 Dr. Sedan SLCIO19736 F-9 1980 lionda Civic 2 Dr. Sedan SLA102.1779 FC -16 INDEBTEDNESS as of July 25, 1980 One (1) 1078 Mack Truck $50,454,30 0110 (1) 1980 Mack Truck (to be delivered in $53,399,30* November, 1980) Xhis vehicle is titled in the Vero Beach Volunteer Fire Department Inc.. The conveyance of said vehicle to the District will be made' pursuant to a separate agreement between the District and Vero Beach Volunteer Fire Department, Inc. The City shall transfer the above -listed "Leased Vehicles" to the. District subject to prior written approval of the respective lessors The transfer of the "Leased Vehicles" shall be accomplished by,a lawful assignment of the leases therefor, whereupon the District shall assume all rights and obligations as defined in said leases. AUG 2 '71980 44 PAIA28 AUG 2 71980 BOOK 44 PACE 429 A. General accounting. B. Payroll accounting. C. Procurement, requisition, maintenance and storage of equipment, inventory and personal property used by the District. All such equipment, inventory and personal property shall be procured by and in the name of the District and at the direction and under the control of the governing body. D. Negotiate for all insurance coverage for District, in - eluding general liability, fire coverage, automobile coverage, workmen's compensation, employee fringe benefit package, etc.. E. Administer all personnel matters, including hiring, processing, terminating employees, and maintaining personnel records. In order to facilitate the City's handling of personnel matters, the City's Personnel Rules & Regulations shall be applicable to the District employees until otherwise agreed to in writing by the parties; not- withstanding any provision in the City's Personnel Rules & Regulations to the contrary, no preference shall be accorded city residents in hiring District employees. F. Administer the Pension Plan of the District's employees and insure fiscal soundness of the Plan by contracting for actuarial studies as needed and administer the investment program to insure the fiscal integrity of the Plan. The District shall pay all costs associated with administering the actuarial soundness of the Pension Plan, including the costs for all actuarial and fiduciary services therefor. The City shall retain sole authority and control over said Pension Plan as long as it is obligated to administer said Plan. G. Provide routine legal services, including advice during bargaining sessions and the labor negotiation process; drafting routine contracts; counsel to the City Admini- stration with reference to routine administrative legal problems. The City shall not perform extraordinary legal services on behalf of the District. Extraordinary legal M 1W_ M 1 s o � services shall include, but are not limited to, drafting contracts for the construction of fire stations, representing the District in any type of litigation or at extraordinary administrative hearings, and legal services associated with bond matters, grant applications and procurement. The parties agree that the District may contract for extra- ordinary legal services when the need arises. H. The cost of processing major grant applications shall be an expense charged to the District. I. The District shall bear all costs associated with the hiring of an independent auditor. 9. GENERAL ADMINISTRATIVE CHARGES. The City shall be com- pensated by the District for the actual cost of rendering general administrative services according to the following schedule: The first years' administrative charge to the District for and in anticipation of the addition of. two (2) fire stations (totalling five (5) district stations) shall be the sum of $104,832 in current dollars. This sum compounded at six percent (6%) quarterly increases over the initial five (5) year period to the annual sum of $142,000. The sum of $142,000 shall be the maximum administrative charge to the District for the initial five (5) year period under the five (5) station concept. The first years' administrative charge to the District for and in anticipation of the addition of three (3) fire stations (totalling six (6) district stations) shall be the sum of $121,680 in current dollars. This sum compounded at six percent (6%) quarterly increases over the initial five (5) year period to the annual sum of $164,000. The sum of $164,000 shall be the maximum administrative charge to the District for the initial five (5) year period under the six (6) station concept. The administrative charge to the District will be evaluated annually by the City at budget review sessions, which may result in an adjustment of the previous years' administrative charge. However, the above -referenced maximum administrative charges will not be exceeded during the initial five (5) year period. 10. FIRE HYDRANTS. The District shall pay the City and the - 6 BOOK 44 NU, E 430 AUG 2 71980 Is : * AUG 2 71980 Box 44 PAcE 431 County the sum of $75.00 annually for each hydrant owned by the respective parties located in the District's boundaries. Said sum constitutes the total cost of operation, maintenance and replacement of said hydrants. The City and County may install addi- tional hydrants within the District's boundaries as needed, and shall receive from the District the $75.00 annual payment for each addi- tional hydrant. 11. LABOR AGREEMENT. Both the City and County acknowledge the existence of the labor agreement executed by and between the City and Local #2201, International Association of Firefighters, on October 1, 1979, which remains in effect until September 30, 1981. The Parties hereby agree that the District shall ratify said agreement and honor any negotiated matters agreed upon between the City and Firefighters. The parties also acknowledge that Local Union #2201 is the authorized bargaining unit for the Firefighters. Accordingly, the parties agree that the District will recognize the said bargaining unit unless or until said bargaining unit is lawfully decertified or until another bargaining unit is lawfully certified to represent the Firefighters. The District reserves the right to accept or reject a newly certified bargaining unit. 12. DISSOLUTION. The governing body of the District may initiate proceedings to dissolve the District in accordance with the following procedure: A. The governing body shall first pass a duly -enacted ordi- nance evidencing its intent and desire to dissolve the District. The governing body shall conduct a minimum of two (2) public hearings before voting on the proposed ordinance. In addition, a:detailed position paper regarding the issue of dissolution shall be furnished by the Advisory Committee and given due consideration by the govern- ing body. B. The duly -enacted ordinance shall be submitted to and approved by the qualified voters of the District as a condition precedent to the lawful dissolution of the District. Said referendum shall be conducted at the Counties next scheduled election or a special election prior to the next regular election. In any event, the referendum shall be held no earlier than thirty (30) days r M M M M after the passage of the ordinance. In the event the referendum fails, the governing body shall not attempt to pass another ordinance proposing to abolish the District for one (1) year from the date of said referendum. C. In the event the District is voluntarily dissolved as prescribed herein, or involuntarily dissolved by Special Act or by the Secretary of State pursuant to Chapter 165, Florida Statutes, or otherwise, all inventory, equipment and real property, owned, leased or licensed to the District shall be disposed of in the following manner: (1) All inventory, equipment, personal property and other supporting equipment located in each fire station within the corporate limits of the City of Vero Beach at the time of dissolution shall be conveyed by the District to the City. Likewise, all inventory, equipment, personal property and other supporting equipment located in each fire station situated outside city limits but within Indian River County geographical limits, shall be conveyed to the County. Any liens, encumbrances and outstanding indebtedness unique to the personal property conveyed shall be assumed by the respective governmental entities taking title to same, subject to paragraph (3), below. However, in the event either the City or County disputes the division of property and equipment and the assumption of indebtedness associated there- with, as defined above, the displeased party shall immediately notify the other party in writing of its desire to negotiate the sharing of property and assumption of indebtedness. if the parties are unable to agree upon a mutually acceptable division plan and assumption of indebtedness after three (3) negotiation attempts, an arbitrator shall resolve the matter, in accordance with paragraph 14, below. It is the intention of the parties that the assumption of indebtedness upon dissolution shall be accomplished in a fair and equitable manner and that each party hereto shall assume an equal share of the total outstanding indebtedness of the 8 BooK 44 PAGE 432 AUG 2 71980 `AUG 2 71980 Boa 44 PAGE 433 District to the extent each party is benefited. (2) The lease agreement executed by the City with reference to the real property and buildings, fixtures and structures situated thereon, shall immediately terminate upon the dissolution of the District, thereby extinguishing the Districts rights or interests therein. (3) Nothing in this agreement shall preclude the parties by mutual agreement from implementing any lawful plan(s) to satisfy the Districts indebtedness upon dissolution. (4) It is the intent of the City and the County that neither party be left without adequate fire protection upon the dissolution of the District. D. The parties shall implement an equitable arrangement to protect the vested rights of the then employees of the dissolved District. 13. RECALL. A referendum shall be held on the question of whether the District should be dissolved upon presentation of a verified petition signed by twenty-five percent (25%) of the quali- fied voters in said District. The referendum shall be submitted to the qualified voters of the District and shall be held at the counties next scheduled election or a special election before the next regular election. If the qualified voters elect to dissolve the District, the provisions contained in paragraph 12, of this agreement, entitled "DISSOLUTION" shall apply. 14. ARBITRATION. Any controversy or claim arising out of or relating to this agreement or the alleged breach thereof will be submitted to arbitration on the written request of one party served on the other and shall be settled by the arbitration process and such arbitration shall comply with and be governed by the Rules of the American Arbitration Association. The parties will agree on one arbitrator, but in the event that they cannot so agree, there shall be three arbitrators, one named in writing by each of the parties within ten (10) days after demand for arbitration is received, and a third to be chosen by the two so named. If there is only one arbitrator, his decision shall be binding and conclusive on the parties. if there are three arbitrators, the decision of any two shall be binding and I conclusive. 15. TERM. This agreement shall become effective upon the execution of same by both parties, subject to voter approval of the creation of said District and taxing, powers associated therewith. This agreement shall become null and void in the event the qualified voters reject the referendum authorizing the creation of said District. 16. AMENDMENTS. This agreement may not be amended or modified except by an agreement in writing duly executed by the parties hereto. IN 4IITNESS WHEREOF, the City of Vero Beach, Florida, and Indian River County, Florida, have caused this agreement to be signed in duplicate originals by the Mayor and attested to by the City Clerk, and by the Chairman of the Board of County Commissioners and attested to by its Clerk. ATTEST: CITY OF VERO BEACH, FLORIDA co l L• �By y i I�'A.Neubergev Dori. Scurock; r., iayo City Clerk ATTEST: .;C�� rreda Wright, C irk (SEAL) INDIAN RIVER COUNTY, FLORIDA By Altman,/Bo a o ounty Commissioners (SEAL) Approved as to content: Waynee McDonough, Acting City Attorney G ge o ins, 'J- r-. Attorney to Board of V County Commissioners Adopted by Board of County CcamAssioners July 30, 1980 - 10 - BOOK 44 PAuE 434 AUG 2 71980 __ J