HILLIARD TOWN COUNCIL MEETING

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1 HILLIARD TOWN COUNCIL MEETING Hilliard Town Hall / Council Chambers West County Road 108 Post Office Box 249 Hilliard, FL MAYOR COUNCIL PRESIDENT COUNCIL PRO-TEM TOWN COUNCIL David Buchanan John Beasley Kenny Sims Cris McConnell Lee Pickett Patricia Webb TOWN ATTORNEY PARKS & RECREATION DIRECTOR TOWN CLERK PUBLIC WORKS DIRECTOR Steven M. Fahlgren Joe Michaels Lisa Purvis David Thompson ITEM-1 ITEM-2 ITEM-3 ITEM-4 ITEM-5 ITEM-6 Joint Workshop Agenda Wednesday, August 13, 6PM Call to Order Roll Call Prayer & Pledge of Allegiance Town of Hilliard, Town of Callahan, & Nassau County Board of County Commission - Discussion Nassau County Manager s Letter dated August 11, 2014 with Regards to Workshop / Joint Meeting Nassau County Board of County Commissioners Topics for Discussion Draft Interlocal Agreement Relating to the Hilliard Volunteer Fire Department Draft Interlocal Agreement Relating to the Callahan Volunteer Fire Department Persons with disabilities requiring accommodations in order to participate in this program or activity should contact the Town Clerk at (904) at least seventy-two hours in advance to request such accommodations. ADJOURNMENT

2 DISCUSSION ITEM-2 Town of Hilliard, Town of Callahan & Nassau County Board of County Commission

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6 THIS AGREEMENT is being entered into this _ day of 20- between the BOARD OF COUNTY COMMISSIONERS OF NASSAU COUNTY, FLORIDA, hereafter called the COUNTY, and the Town of WHEREAS, the DEPARTMENT has certain firefighting facilities, equipment and personnel, which provide fire protection and first responder services to the community of and some of the surrounding areas of Nassau County as identified on the Fire Services Map most recently adopted by the Nassau County Fire Rescue Department (NCFR) and attached hereto as Exhibit A; WHEREAS, the COUNTY, a political subdivision ofthe State of FIorida, desires to furnish the DEPARTMENT with certain firefighting equipment and funding for fire protection services; and WHEREAS, in exchange for said COUNry provided equipment and funding, the DEPARTMENT agrees to provide fire protection and first responder services for the unincorporated areas of Nassau County in accordance with the terms hereinafter enumerated; NOW, THEREFORE, in consideration ofthese premises, the COUNTY and the DEPARTMENT hereby agree as follows: 1. The DEPARTMENT will provide for a Volunteer Fire Department within the area defined on the aforementioned Fire Services Map. Said Volunteer Fire Departmentto be organized and staffed in accordance with applicable laws and regulations of the State of Florida, including minimum certification standards. 2. All calls should originate from the g-1-1- dispatch. The COUNTY will use reasonable efforts to insure that dispatch alerts the DEPARTMENT or its member to all calls for fire protection and first responder services within the DEPARTMENT'S municipal boundaries. Both parties request that 9-1-L dispatch notify both departments for all calls for service within the municipality and the surrounding areas of Nassau County as identified on the attached Fire Services Map. ln cases in which members of the DEPARTMENT are the first to arrive on a scene, the DEPARTMENT shall cease command of operations for emergency and non-emergency scenes, regardless of whether the scene is located within the municipality or not, as soon as a representative of the COUNW arrives on the scene and assumes command ofthe incident. 3. Any response to a direct call shall be logged in with dispatch in order to establish a record of the call. 4. The DEPARTMENT will submit an incident report not later than fifteen (15) days after each call. The incident report will, at a minimum, contain the type of incident, the number of firefighters responding, the name and address of the property/vehicle owner. 5. Funding for services rendered under this agreement shall be provided by the COUNTY in the amount of g3lgg0. as a line item appropriation in the County Fire Services Budget and shall be administered by the Nassau County Fire Chief or his designee. The

7 DEPARTMENT will have the sole responsibilities for all expenditures of the County Fire Services Funds in excess of those allocated to each fire department through the BOARD OF COUNTY COMMISSIONERS. Disbursements will be made on a quarterly basis on October 1, January 1, March 1, and June 1. The DEPARTMENT understands and agrees that items of equipment or apparatus that are intended for placement into service in association with NCFR must be pre-approved by NCFR and be consistent with equipment and services normally provided by NCFR. Prior to any vehicle placed into service the DEPARTMENT shall obtain and subsequently maintain automobile liability insurance at the DEPARTMENT'S expense throughout the useof saidvehicle. Anyvehicle permitted u nder th is section shall have regular maintenance performed by the DEPARTMENT or an outside vendor with all maintenance records available for inspection as requested by the COUNTy. Eachvehicle designated as a response vehicle shall comply with all NFPA recommended testing. The DEPARTMENT shall provide documentation to the COUNTY of said testing. Any vehicle that does not comply with this provision shall be removed from service until such time that the vehicle has been made compliant and proof has been provided to the COUNTy. The DEPARTMENT will provide a roster ach year with the last quarterly report from the previous fiscal year. The rosterwill identifythe highest level(s) of certification ofeach member. Because firefighters are covered by the COUNTY's Workers Compensation lnsurance, and in order to assure the firefighters are properly covered the DEPARTAMENT will provide updated rosters as changes of membership or membership status occur. Member status (active, reserve, honorary, pending, etc.) will be provided on the roster along with other requested identifying information Members must comply with physical screening, drug screening, and background check requirements mandated bythe COUNTY'S Workers Compensation insurance and Chapter 633, Florida Statutes at the COUNTY'5 expense. A member may not participate in any operation involving two-in, two-out or as one of the two or more persons inside the lmmediate Danger to Life and Health ("ldlh") atmosphere or as one of the two or more persons outside the IDLH atmosphere unless the member has successfully completed the training curriculum and examination requirements set forth in paragraph (2)(a) of the Florida Administrative Code. The DEPARTMENT shall submit an annual budget that shows income and expenditures. Said budget shall be developed and submitted by October 1 each year. Unspent funds of the DEPARTMENT may be carried forward from one year to the next on the DEPARTMENT'S budget line. Quarterly reports shall be submitted by the 10'h of the month following the end of the quarter (January 10, April 10, July 10, and October 10). At a minimum the quarterly report will include budget (expenditure) activity and projection, training and education activities, roster changes, equipment and facilities updates as appropriate, and documentation of training and certification. Sa m ples of accepta ble forms are attached to the agreement.

8 ln order to form a cohesive supportive effort to develop the best fire services delivery mechanism possible for Nassau County, the DEPARTMENT through its Volunteer Fire Chief or designee will maintain an active membership in the Nassau County Volunteer Fire Chiefs Association. NCFR shall transmit to the DEPARTMENT any changes in Standard Operating Guidelines (SOG). Changes that affect the DEPARTM ENT operationally will be discussed with the effected parties. This Agreement shall be effective on the date first above written, and shall automatically be reviewed by the Nassau County Fire Chief annually prior to October 1. Based upon the review of all records and certification of compliance with all provisions of this contract, a recommendation by the Nassau County Fire Chief via the County Managerwill be made to the BOCC for final approval. Funding levels will be determined annually during the County budget preparation time. lf the funding level is determined to be less than the funding level of the previous year, then the Town Council shall have the option to reject renewal by passing a resolution within sixty (60) days of the formal notification of the reduced funding level. Funding may be suspended or denied by recommendation of the Nassau County Fire Chief and a majority vote of the BoARD of CoUNTY COMMtSStONERS for material violations of the terms of this agreement. lf either party is in violation of this agreement, it must give the other party notice of the violation in writing and give sixty (60) days to correct the violation. The sixty (60) days may be extended if a corrective action plan has been submitted and accepted by the other party. No extension shall exceed thirty (30) days unless approved by the other party's governing board. lf a material violation has not been cured within the allotted time, this agreement may be cancelled. Notice may be provided to the parties' respective chiefs. Notice to the DEPARTMENT for the purposes of this paragraph shall be served by registered or certified mail, return receipt requested to: the Mayor and to the Town Clerk, Town of Hilliard, West County Road 108, Hilliard, Florida Said notice shall notify the DEPARTMENTthat it concerns a right to cure pursuant to paragraph 15 of this lnterlocal Agreement. 17. authorities ofthe COUNTY and the DEPARTMENT, and attached to this Agreement. Funds provided by this agreement may not be used to pay wages to firefighters except as allowed by Florida Statutes and Florida Administrative Code. Reimbursements may be provided for out of pocket expenses provided appropriate documentation is provided at the time the request for reimbursement is made. This documentation shall be submitted with the quarterly report. Nothing in this agreement should be construed as an attempt by the COUNTY to impose any restraints on the use of funds derived from sources other than the appropriation of the COUNTY (donations, fundraising, etc.). Those monies shall be used at the discretion of the DEPARTMENT and in accordance with its by-laws. Any modification to this agreement must be reduced to writing, approved by the proper

9 This agreement does not create or imply any employee/employer relationship between the DEPARTMENT and the COUNTY, except to the extent necessary to maximize workers' compensation coverage for the parties. The DEPARTMENT shall keep adequate records and supporting documentation applicable to this agreement that, at a minimum, comply with Florida's public records laws. Said records and reimbursement documentation shall be retained by the DEPARTMENT for a minimum of five years from the date of termination of this agreement. The COUNTY and its authorized agents have the right to audit, inspect, and copy all such records and documentation as often as the CoUNTY deems necessary during the period of this agreement and during the five years thereafter; these activities shall be conducted only during normal business hours unless otherwise necessitated by an immediate need. The COUNTY, during the period of time expressed by the preceding, shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of the DEPARTMENT which concerns the aforesaid records and documentation. Both parties will indemnify, hold harmless and defend the each other and their respective agents and employees from and against any and all liabilities, losses, claims, damages, demands, expenses or actions, either at law or in equity, including court costs and attorney's fees, that may hereafter be brou8ht by anyone on account of personal injury, property damage, loss of monies, or other loss, allegedly caused or incurred, in whole or in part, as a result of any negligent, wrongful, or intentional act of omission, or based on any acts of fraud or defalcation during performance under this agreement. ln WITNESS WHEREOF, the parties to this Agreement hereby set their hands and seals the day and year aforesaid.

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