Backup Documents 04/22/2014 Item #16H3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO H 3
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office SRT 4/22/14
4. BCC Office Board of County
Commissioners X/ 4\2z
5. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Scott Teach Deputy County Attorney Phone Number 252-8400
Contact/ Department
Agenda Date Item was 4/22/14 Agenda Item Number 16-H-3
Approved by the BCC
Type of Document NNFD–Interlocal Agreement and Lease Number of Original One of each
Attached Agreement Documents Attached
PO number or account k��
number if document is
to be recorded V Q �� 0'
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? SRT
2. Does the document need to be sent to another agency for additional signatures? If yes, SRT
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SRT
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip SRT
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 4/22/14 and all changes made during the SRT
meeting have been incorporated in the attached document. The County Attorney's —
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by SRT
BCC, all changes directed by the BCC have been made,and the document is ready fo the ��
Chairman's signature. \\\V�.'k
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16H3
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Tuesday, April 29, 2014 2:39 PM
To: Neet, Virginia
Subject: April 22 2014 recorded interlocal agreements w/fire districts
Attachments: Interlocal Agreement w_NNFD (Item #16H3).pdf;Interlocal Agreement w_GGFD (Item#
16H4).pdf;Interlocal Agreement w_ENFD (Item #16H5).pdf
Hi Dinny,
Attached are copies of the (recorded) fire district interlocal agreements approved
by the Board last Tuesday, April 22, 2014. (#16H3, #16H4 and #16H5)
A copy of the lease w/NNFD is scanned right behind their (attached) interlocal agreement.
When I spoke with you briefly last week about recording the agreements, silly me didn't realize
we had received two original copies of the agreement w/GGFD (16H4)and also w/ENFD (16H5).
For that reason, I'm going to return the second original signed copy to both of those districts; I'll also
give them an OR Book and Page No. of the agreements that were recorded, in case they need that info.
Finally, because we only received a single copy of the interlocal agreement and accompanying lease
w/NNFD (16H3)a certified copy of that item will be will be sent the NNFD.
Please let me know if you need anything further or have questions regarding my email.
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239-252-8406
239-252-8408 (Fax)
Comfy of Collier 16 H 3
CLERK OF THE CJRCIT COURT
COLLIER COUNTYOURTi.IOUSE
3315 TAMIAMI TRL E STE 102 Dwight E.Brock-dkrk of Circuit Court P.O.BOX 413044
NAPLES,FL 34112-5324 NAPLES,FL 34101-3044
Clerk of Courts • Comptroller • Auditorustodian of County Funds
April 30, 2014
Chairman James Burke
North Naples Fire Control & Rescue District
1885 Veterans Park Drive
Naples, FL 34109
Re: A Lease & Interlocal Agreement between Collier County and
the North Naples Fire Control and Rescue District (NNFD)
Chairman Burke,
Attached for the records of the NNFD is a copy of the lease agreement and
a certified copy of the recorded Interlocal Agreement, both referenced
above and approved by the Board of County Commissioners April 22, 2014.
The original lease and recorded Interlocal Agreement are being held in the
Minutes and Records Department for the Board's Official Record.
If you'd like further information please feel free to contact me at 252-8406.
Thank you.
DWIGHT E. BROCK, CLERK
Ann Jennejohn,
Deputy Clerk
Attachment
INTERLOCAL AGREEMENT CONCERNING 16H
3
FIRE PLANS REVIEW AND INSPECTION
THIS INTERLOCAL AGREEMENT CONCERNING FIRE PLANS REVIEW AND
INSPECTION (hereinafter referred to as the "Agreement") is made and entered into this 2Z Qf
\ \r,„\ , 2014, by and between North Naples Fire Control and Rescue District (hereinafter
referred to as "NNFD") and Collier County, Florida, a political subdivision of the State of
Florida(hereinafter referred to as "County"), collectively referred to as the"Parties."
RECITALS:
WHEREAS, the NNFD, Golden Gate Fire Control and Rescue District, Big Corkscrew
Fire Control and Rescue District, Immokalee Fire Control and Rescue District, East Naples Fire
Control and Rescue District, Ochopee Fire Control District, and Isle of Capri Fire Control
District (collectively referred to as the Fire Districts), have entered into an Interlocal Agreement
with Collier County dated January 28, 2003, for the purpose of delineating the responsibilities of
Collier County and the Fire Districts with respect to plan reviews and fire inspections for new
construction, construction projects, and existing structures, a copy of which is attached as Exhibit
A; and
WHEREAS, there is an Interlocal Agreement dated October 14, 2003, by and between
the East Naples Fire Control and Rescue District and Collier County, as the governing body of
the Ochopee Fire District and for the purpose of providing an expeditious, high-quality plan
review and fire inspection process for new construction and construction projects, a copy of
which is attached as Exhibit B, the Interlocal Agreements attached as Exhibits "A" and "B" are
collectively referred to as the "Interlocal Agreements;"and
WHEREAS, pursuant to the Interlocal Agreements, the East Naples Fire Control and
Rescue District has acted as the Administrative District by reviewing all building permit plans
filed with Collier County for compliance with the Fire Code; and
WHEREAS, the Parties recognize that for the past ten (10) years East Naples Fire
Control and Rescue District has done a valuable public service while acting in the role as the
Administrative District; and
WHEREAS, NNFD has determined that it is appropriate for it to resume reviewing all
building permit plans located in NNFD and to terminate the East Naples Fire Control and Rescue
District as the Administrative District for such reviews; and
WHEREAS, the Parties agree that in order to ensure that there are no impacts to the
community, an orderly transition between the East Naples Fire Control and Rescue District and
NNFD is needed; and
WHEREAS, the Parties agree it is appropriate to enter into this Agreement between the
NNFD and County to provide for the conditions and manner in which NNFD will commence
resuming its review of all building permit plans located within its boundaries, thus allowing the
1 INSTR 4972306 OR 5029 PG 2143
RECORDED 4/23/2014 1:18 PM PAGES 19
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$163.00
16H3
Parties to proceed with the implementation of such resumption of duties by NNFD in a manner
that is transparent to the Fire Districts and the public that they serve.
WITNESSETH:
NOW, THEREFORE,the parties agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. The NNFD will conduct and manage all fire plans review for the NNFD and any
areas now known or that may subsequently be incorporated into or with the NNFD through
agreement, expansion or consolidation.
3. The County agrees to provide work space within the Growth Management
Division Planning and Regulation building, 2800 North Horseshoe Drive, Naples, Florida 34104,
suitable to accommodate a five member NNFD plans review team as provided in the attached
Lease Agreement. The termination of the Lease Agreement or failure to execute a lease
agreement shall not affect the authority of the NNFD to conduct and manage all fire plans review
as provided for in paragraph 1.
4. NNFD will use the same equipment and resources as County employees within
the County's Building Code Office, including but not limited to phones, computers, computer
software, and other physical systems, which will be provided by the County. The County shall
provide the NNFD with availability or access to nine (9) CityView licenses for plans reviewers
and inspectors that it will use for fire plans reviews and to utilize for reviewing and approving
plans. NNFD and the County will collaborate on all future system upgrades, software
purchases, and any improvements that affect the delivery of service to our mutual customers.
5. The cost for providing NNFD with equipment, licenses, upgrades and maintenance of
the systems used by both parties within the County's Building Code Office and portable
electronic devices is included in the annual rent set forth in the Lease Agreement. The purchase,
operation, and maintenance of vehicles used by either party are expressly excluded from this
Agreement.
6. County will collect all inspection fees remitted for NNFD fire plans review, along
with the County's permit fees, to eliminate the need for customers to make separate payments to
the County and to NNFD.
7. Each Party shall set its own inspection fees. The County will provide NNFD
monthly fee collection reports and NNFD will review and approve fee collections monthly. The
County will make adjustments upon written approval from NNFD following verification by the
County. Distribution of fees to NNFD shall occur on a monthly basis.
8. County and NNFD will work with and fully communicate their intentions with the
Fire Districts and customers so that the transition can be efficient and orderly.
2
16H3
9. County and NNFD will cooperatively review existing plan review and inspection
functions and work collaboratively to eliminate non-essential, redundant, and duplicative reviews
and inspections within the first twelve (12) months of this Agreement. The Parties will continue
to cooperatively explore ways to improve service to customers throughout the duration of this
Agreement.
10. The term of this Agreement is five (5) years, but it may be terminated by either
Party upon thirty(30) days written notice to the other.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written.
Attest: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, F, ORIDA
By ±_ . .I . . • �O . By. � `.
4111171%Attest as to
eputy Clerk TOM HENN G, :' man
signature only;1-,'
North Naples Fire Control and Rescue District
I By:
Witness Printed e: ,) ifVG- @1/4,g kE'
Title: --to-i Y
L ReAc.),e�
Witness
•: . ed as to form . •d legality:
• I
Jeffrey A. Klatzkow
County Attorney
3
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-. . __. .__ .... _. _ 118
CLII f0 Tlu 1011D IIC010110 is tilt OMTICIAL 1101111 of COLIlIl COMM IL sic Tai 111,51
IMT1AOiPICi 571 1L001 01/211913 at 12:1215 051017 1. 110CI, CUR IDUiIi i.11
• ut 72'1 INTERLOCAL AGREEMENT COPIII 21,11
EXHIBIT A
This Interim!Agreement('Agreement")Is made and entered Into by and between Collier County,a political
subdivision of the State of Florida,hereinafter referred to as the'COUNTY'and the North Naples Fire
Control and Rescue District,Golden Gate Fire Control and Rescue District,Big Corkscrew Island Fire
Control and Rescue District,knmokalse Fire Control District,East Naples Firs Control and Rescue District,
Ochopse Fire District,isles of Capri Municipal Rescue and Fire Services Taxing District,hereinafter
collectively referred to as the'FIRE DISTRICTS.'
WHEREAS,the Florida Interlocal Cooperation Act of 1969,§163.01,Florida Statutes,authorizes the joint
exercise of any power,privilege or authority which the public agencies Involved herein might exercise
separately;and
WHEREAS,the COUNTY and the FIRE DISTRICTS are public agencies,within the meaning of the Florida
Interlocal Cooperation Act and desire the joint exercise of power which each might exercise separately for
the purpose of providing fire prevention within Collier County;and
WHEREAS,Section 553.79(2),Florida Statutes,requires review and approval,by both the BUILDING
OFFICIAL and the appropriate fire inspector,of plans and specifications for the construction,erection,
alteration,repair or demolition of any building before a permit for such work may be issued.
NOW,THEREFORE,In consideration of th� �«± e: a mutual promises,covenants,and
duties hereinafter set forth,the COUNT :'T•••,%- - • ly covenant,agree,and bind
themselves as follows:
SECTION ONE:Purpose.
The purpose of this Agreement is • •,•vide for plan review and fire
inspection process for new const ,1 �Dh s l res within the boundaries
of the FIRE DISTRICTS by delin 44,,c;M X717• it • the FIRE DISTRICTS In
order to enhance service to the. ' _ �,
SECTION TWO:Definitions.
The following terms u used In this ant shs5 be deli ':�` • • 't
ADMINISTRATIVE DISTRICT-East Control end; r �• tract
ASSISTANT FIRE CODE OFFICIAL An •• ' . T •• 1 !'„• • • by the ADMINISTRATIVE DISTRICT
and who serves in the absence of the FIRE CODE • pursuant to this agreement.
AUTHORITY HAYING JURISDICTION•The Fire Chief or his/her designee(Fire Marshal or FIRE SAFETY
INSPECTOR or FIRE CODE OFFICIAL)responsible for,and having final authority In his/her respective
jurisdiction,In both new and existing construction(§FS 633.121).
BOARD-The Collier County Building Board of Adjustments and Appeals as established in Division 5.4 of I he
Collier County Land Development Code.
BUILDING CODE-The Florida Building Code 2001,as adopted by Collier County Ordinance No.2002-01.
BUILDING OFFICIAL-The Collier County Building Review and PermlttIni Director or his designee.
COUNTY•The general-purpose government of Collier County,which is a political subdivision of the State of
Florida.
FIRE CODE-The Collier County Fire Prevention Ordinance,Ordnance No.2002.19,the State Minimum
Fire Safety Standards and the State Fire Marshal's Uniform Fire Standards set forth in Chapter 633,Florida
Statutes and any successor or amendment thereto during the life of this Agreement.
1
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118
OR: 3208 PG: 0837
FIRE CODE OFFICIAL-The individual appointed by the FIRE DISTRICTS and employed by the
ADMINISTRATIVE DISTRICT who is responsible for the following duties:
1. The accurate and timely review of building permit applications,piano and specifications for
compliance with the applicable FIRE CODE;
2 The performance of statutory functions of the Fire Marshal and FIRE CODE OFFICIAL for
fire plan review;
3. Providing Collier County with assistance in updating the FIRE CODES and related
ordinances;
4. Managing and over-seeing all employees and records of the FIRE CODE OFFICIAL'S Office
on a daily basis Including time sheets and expenditures;
5. Providing training as needed to office staff and fire district personnel;
6. Presenting a preliminary budget to the Fire Chief of each district,and a final budget to the
Fire Chief of the ADMINISTRATIVE DISTRICT or hWher designee;and
7. Participating as a member of the Collier County Fire Marshals Association.
FIRE DISTRICTS•The independent fire control and rescue districts operating within Collier.County,
including North Naples,Golden Gate,Big Corkscrew Island,Immokatee,East Naples and the dependent
districts of Ochopee and Isle of Capri.
FIRE SAFETY INSPECTOR•The Individual J out the functions identified by and referenced
In Chapter 553,Florida Statutes,Build • 17
• 11 Chapter 833,Florida.Statutes,Fire
Prevention and Control.Such individ 'led b y (4 of State Fire Marshal pursuant to§
633.05,Florida Statutes.The term ' this Agreement ma' • the FIRE CODE OFFICIAL,the
ASSISTANT FIRE CODE OFFIC • • or a FIRE IN PECTOR employed by one of the
FIRE DISTRICTS.
FIRE SERVICE STEERING • �. ;M,‘,;7'-• 1 day of March 1991
it If
NEW CONSTRUCTION OR CO = • r •VI' , ,erection,alteration,
repair or demolition of a building.
SECTION THREE:Adminhatra • District Duties, `r
In order to Implement their duties and•• ' +•. under this ,the FIRE DISTRICTS
have entered into separate Interlocal a ` •�:^; � 'ATIVE DISTRICT.The FIRE
DISTRICTS represent to the COUNTY that rI 7113 DISTRICT Is authorized by these
Intsriocal agreements to employ personnel,lease office space,receive payments,disburse funds,and
otherwise operate to represent the FIRE DISTRICTS and administer the FIRE DISTRICTS'duties under this
Agreement.The COUNTY,based upon the FIRE DISTRICTS'representations,agrees to recognize the
ADMINISTRATIVE DISTRICT as the FIRE DISTRICTS agent for the implementation and administration of
this Agreement.
SECTION FOUR:Oualffloatlons or FIRE CODE OFFICIAL and ASSISTANT FIRE CODE OFFICIAL,
The FIRE DISTRICTS agree to provide to the County a FIRE CODE OFFICIAL and an ASSISTANT FIRE
CODE OFFICIAL.
The FIRE CODE OFFICIAL shall have the following qualifications:
1. A minimum of ten(10)years experience reviewing construction piens for FIRE CODE
compliance.A combination of training and experience may be considered.
2. A Fire Protection Engineering Degree is preferred,but an otherwise qualified candidate with
an Associates Degree in Fire Science or Administration,with a combination'of additional
training and experience is eligible for the position.
3.Fire Service experience including fire district operations and fire prevention is desired.
2
16H3 ; w
11B
•
OR: 3208 PG: 0838
4.Experience in National Fire Protection Association codes and Modal Code interpretation and
enforcement.
5.Certification as a Florida Municipal Fire Inspector
8.Managerial skills that can be demonstrated either by experience or training.
7.The ability to provide a precise,technical and timely examination of construction piers and
Specifications for the purpose of determining adequacy of fire and Ids safety features.
8.All legally required licensee and certifications to fulfill his or her duties as outlined in this
Agreement Including.but not limited to,all licenses and,certifications that may be required by
Section 553.79 and Chapter 833,Florida Statutes,as amended from time to time.
The ASSISTANT FIRE CODE OFFICIAL shall meet the minimum qualifications set forth in paragraphs 3-8
above.
It shall be the responsibility of the ADMINISTRATIVE DISTRICT to ensure that the FIRE CODE OFFICIAL
and ASSISTANT FIRE CODE OFFICIAL have and maintain the qualifications outlined in this section.
SECTION FIVE:Fire Plan Review Procedure.
The FIRE CODE OFFICIAL shall review the bu • ... . -.• plans and specifications of all new
construction and construction projects, .. „ "''.� , ', dwellings,for compliance with the FIRE
CODE. O T
1.The COUNTY shad pro • .G �, I building permit
applications with plans •• nt.The FIRE CODE OFFICIAL
shad review such apps • ,~ � . ., 10 • • • the day the building
permit appllcadon b " '' �' duplex residential plans shall
not be part of the Ike pie �1
2.The FIRE CODE plan , , be ... •
I
r, r E OFFICIAL while COUNTY
staff Is reviewing eepera, ' of the budding • i�. . r7 with the Budding,Plumbing.
Mechanical,and Electrical '.' and performing .. -i�44 .t, are performed by COUNTY
staff.
3.After completing We review, , ,;../,�.ii,t; : . - shall submit the reviewed plans
along with It's comments to the "• •• •.,( . .• - review and to assure consistency with
the BUILDING CODES(Plumbing,Meehan-.11, =m'• • and Electrical Code).Any inconsistencies
shall be resolved pursuant to Section Ten of this Agreement.
4.After the construction plans have been reviewed and approved by the COUNTY and FIRE CODE
OFFICIAL,the FIRE CODE OFFICIAL shall deliver one(1)copy of the plans to the particular FIRE
DISTRICT In which the construction Is to occur.The FIRE DISTRICT hereby agrees to critique,with
respect to the FIRE CODE,the review of the plans by the FIRE CODE OFFICIAL.
5.The FIRE DISTRICT shad.to the extent posalale,within ten(10)working days atter receipt of the
plans notify the FIRE CODE OFFICIAL of any objections or comments the FIRE DISTRICT may
have with regard to review and/or modifications of the plans.
SECTION SIX:Required inspections and Fees.
1.Y'soeotions Oudna Constnindon of Buddhas.
The FIRE DISTRICTS agree to perform the following inspections during construction of buildings and the
COUNTY agrees to pay the ADMINISTRATIVE DISTRICT at the rate provided in Collier County Resolution
No.2001-313,and any amended or successor resolution,for the inspections,
(a) Fire stopping I Draft stopping
I.At time of Installation of penetrations through rated assemblies
3
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111
OR: 3208 PG: 0839
(b) Temporary Stand Pipe
1.After third floor
2.Location
3.Inspection at each floor
4.Flre department acme
5.Operation •
(c) Exit Lights
1.Location
2.Type...
3.Operation
(d) Smoke Detector
1,Location
2.Type
3.Operation
(a) Heat Detectors
1.Location
2.Type
3.Operation.Type
In 2. ( RCoi
�
3.Sell�dwures G� ��•
4.Panics hardware
5.Locks
6.Operation
I9) t�g o Y
1.Type
2.Location
3.Opention
(h) Trash Chute �� • ��EmerfloneY
1.Location �F
2.Sprinklers E CIRCA
3.3pfNtltNrs Nt chute
4.Sprinkiers in trash room
5.Height at roof
(I) Eby Generator Operation
0) Elevator Operation During Alarm
(k) fir.Depsrtn ant access
1.Fin lanes
2.Turning Radius
3.Obstructions
(I) Nods,of Compliance Inspection
(m) Stand Pipes
1.Fire hose cabinets
(u)Location
(bb)Fir.hose
I.Location
IL Type
4
16113
1113
OR: 3208 PG: 0840
IN,Length
Iv.Nozzle
2.Pressure Test
3.Location
4.Location of FDC
5.Roof Manifold
(as)Location
(bb)Pressure
8. Operation
(n) Fin Pump
1.Type
2.Size
3.Valves
4,Flow swibhes
5.Temper switches
8.Location
7.Operation
(0) Pk*Alarm
1.Speakers
(ea)Type
(bb)Location GOyti CQ �ccOpration ik•
2.Pull Stations
(aa)Type
(be)Location
(cc)Operation 1
3.Phone Jacks O
(aa)Type
(bb)Location
(cc)Opon �
erati � i GO
4.P.A.system
5.TapWalarm system ()A,
O.Central Station ' E CIRCA
7.Operation of alarm
(p) Firs ttdingutsber
1.Size
2.Location
3.Type
4.Service Tag
(q) My other Ike inspections required to verify FIRE CODE compliance.
Construction Protect InaoecttcnL,
The FIRE DISTRICTS agree to pertorm the following Inspections and the COUNTY agrees to pay the
ADMINISTRATIVE DISTRICT at the rate provided in Collier County Resolution No.2001413.and any
amended or successor resolution,for the inspections.
(a) Fire Sprinkler System khstalations
The following inspections shall be Waned;
1.Pressure test
2.Pressure test after 2 hours
5
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011: 3208 PG: 0841
3.Location of head
4.Type of heads
5.Fire department correction
6.Location of fire department connection
7.Gauges
8.Operation
9.Notice of compliance inspection
(b) Hood System Installation or Spray Booth Installation
The following Inspections shall be conducted on kitchen hood systems or spray
booths with dry chemical,carbon dioxide or halon systems:
1,Piping
2.Heads.location
3,Size
4,Type
5.Service tag
8.Fan
7.Height
8.Clearances
9.Operation
10.Notice of compliance inspection.
(o) Flammable liquids and Gas T ;; CO
The following inspections shal . 1 . . U�T�
1.Location
2.Anchoring ".
3.Piping
4.Notice of compliance O ��
(d) Fin Hydrant inane ()
The following Inspect]. be performed A�
1.Thrust block Inspection G�
2.Type
3.Height from streamer pod . .!s .
5.Location l"L . .%1.
8.Access
7.Notice of complance inspection
(e) L P.Gas Installations
The following inspections shall be performed:
1.Location
2.Anchoring
3.Piping
4.Notice of compliance inspection
(f) Minimum Fin MepectIon Fee.
Raiisoeation pay the ADMINISTRATIVE DISTRICT In accordance with Collier County re-inspection
fee schedule found In Collier County Resolution 2001.313,and any emended or successor resolution.tor
every properly documented re-Inspection conducted by the FIRE DISTRICTS.
4.Certitude of Oocuoancv.
No Certificate of Occupancy shall be issued until a determination is rendered by the BUILDING OFFICIAL,or
6
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11B
OR: 3208 PG: 0842
his/her designee,that the construction is In compliance with the Statewide BUILDING CODES(Plumbing,
Mechanical,Building and Electrical Code)as adopted b the County,and a Notice of Fire Compliances
Issued.
golfaction and Disbursement of Insoection Fees,
The COUNTY shall be responsible for the coNsction and disbursement of fees to the ADMINISTRATIVE
DISTRICT,Including building plan review,fire inspection lees and fire re-inspection tees,based upon
information provided by the FIRE CODE OFFICIAL and the FIRE DISTRICTS.Disbursement to the
ADMINISTRATIVE DISTRICT shall occur by the twentieth(20th)woddkp day following the last day of the
calendar month in which the fees were collected.A copy of the COUNTY'S distribution listing by district shall
be provided along with the check and the calculation sheet of the amount being remitted.
SECTION SEVEN:Required Inspection for Exleti g Structures.
The FIRE DISTRICTS agree to perform the following inspections on existing structures within their districts at
no charge to the COUNTY.These Inspections to be performed Include,but are not limited to.the following
types of Inspections:
(a) Fire Extinguishers
1.Type
2.Site
3.Location
4.Height
5.Service Tag. COti4
GO ?--
(b) Means of Egress
1.Fire Rating
2.Doors
3.Emergency Lighting 130
5.Obrul n v i_
5.Travel el Distst ance
(c) Flee Sprinkler
1.Verily existing Fire Sp q toms have been ' •� PA 25.
(d) .Manual Stations Location Off,7'NE TRG�l�4
2.Smoke Defector Locations G
3.Heat Detector Locations
SECTION EIGHT:Position Funding.
The office of the FIRE CODE OFFICIAL shall be funded by the current funding operation.The current
funding arrangement is specified In Collier County Resolution 2001.313 and any amended or successor
resolution.The fire plan review fees shall continue to be collected by the County and forwarded to the
ADMINISTRATIVE DISTRICT in the appropriate amount.The ADMINISTRATIVE DISTRICT shall utilize
these funds to support the budget for the FIRE CODE OFFICIAL'S Office.
SECTION NINE:General.
1.The FIRE CODE OFFICIAL shall represent as independent and dependent FIRE DISTRICTS In
Collier County,With are parties lo this Agreement.
2.The COUNTY shall provide rental office space within the Community Development and
Environmental Services buNdi g for the office of the FIRE CODE OFFICIAL to conduct his duties.
Said rental space shall be provided In accordance with the Lease Agreement dated
entered into between the County and the East Naples Fire Control and.Rescue
District,which Lease Is attached hereto as Exhibit'A."Said lease Agreement addresses the amount
of rent to be paid to Caller County for the FIRE CODE OFFICIAL'S Office and also addresses Issues
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l B
OR: 3208 PG: 0843
such as access to the COUNTY'S computer system,office equipment and telephone system to the
FIRE CODE OFFICIAL'S OFFICE.
3.The FIRE CODE OFFICIAL'S office shall be open during the normal business hours of other
offices in the Development Services building.
4.The FIRE DISTRICTS shall provide FIRE SAFETY INSPECTORS,in accordance with Chapter
833,Florida Statutes,to perform the required fin Inspections listed in Section Six of this Agreement.
The FIRE DISTRICTS need not provide certified FIRE SAFETY INSPECTORS to perform
Inspections of existing structures pursuant to Section Seven of this Agreement,however,these
Inspections shall be performed by appropriately trained personnel of the FIRE DISTRICTS.
5.The COUNTY shall provide the necessary enforcement authority for the FIRE DISTRICTS to
conduct plan review and Inspections for new construction.
8.The FIRE DISTRICTS agree to continue to enforce the FIRE CODE on existing buildings and
when violations are found the FIRE DISTRICTS,or anyone of them,shall pursue enforcement
through the Collier County Code Enforcement Board,State Attorney,or other agencies as
allowed by law.The FIRE DISTRICTS,or anyone of them,shall in coordination with County staff
prepare and present the cue to these agencies,perform all follow-up investigations and provide
any necessary documentation for future action by the FIRE DISTRICTS,or anyone of them,with
the agency involved,
7.The COUNTY shall adopt the F dk. • * • Ida Statutes and shall review
amendments thereto request • • a, • •ISTR •
8.The FIRE CODE OFFICI • office staff shell • i. • -. of the ADMINISTRATIVE
DISTRICT and subject to - • ' . Iic s s of A• INISTRATIVE DISTRICT and
policies and procedures • •: • lo , ••UNTY intended to stand in
an employer-employee • Fl IAL or ASSISTANT FIRE
CODE OFFICIAL. 1_
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SECTION TEN:Conflicts and
jr
0
1. In the event of a conflict • applicable minimum 0 CODE and the applicable
minimum FIRE CODE,It shall • '" agr �` the BUILDING OFFICIAL and the
FIRE CODE OFFICIAL In favor • '•rry . ,which offers the greatest degree of
life safety or akemetives which would . • •'T,3 •A t degree of life safety and an equivalent
method of construction.
2. In the event that the BUILDING OFFICIAL and FIRE CODE OFFICIAL are unable to agree on a
resolution of the conflict between the applicable minimum BUILDING CODE and the applicable
minimum FIRE CODE,the BUILDING OFFICIAL shad render a temporary decision to resolve the
conflict.
3. An applicant fora budding permit may appeal any decision made by the FIRE CODE OFFICIAL and
the BUILDING OFFICIAL or any temporary decision made by the BUILDING OFFICIAL to the
BOARD In accordance with the procedures stated in Division 5.4 of the Collier County Land
Development Code.Should construction continue during the appeal of a decision or temporary
decision,It shad be at the risk of the contractor or permit holder.
4. All decisions of the FIRE CODE OFFICIAL andror the BUILDING OFFICIAL and all decisions of the
Board shall be In writing.Decisions of general application shall be indexed by Building and FIRE
CODE sections and shall be available for Inspection at the COUNTY'S Development Services
building during normal business hours.
5. In the event a conflict of code or Interpretation develops between the FIRE CODE OFFICIAL and a
representative of one of the FIRE DISTRICTS,the conflict shad be resolved by a committee of
members to be known as the Fin Board of Adjustments and Appeals.The persons on this
8
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OR: 3208 PG: 0844
' committee shall be the Fire Marshals or Fire Official of each participating Fire District The Board
shall operate in accordance with the procedures attached as Exhibit•B'Each committee member
shall have one(1)vole and any decision shall be rendered by majority vote.All decisions of this
committee shall be In writing and mailed to each Fire District,the FIRE CODE OFFICIAL and the
BUILDING OFFICIAL,The disagreeing parties shall not have a vote on the issues in question.
8. Major field modifications shall be directed through the FIRE CODE OFFICIAL'S Office by way of a
revision process.
SECTION ELEVEN:Notices.
Any notice made pursuant to this Agreement by the COUNTY to the ADMINISTRATIVE DISTRICT shall be
In writing and delivered by hand or by the United States Postal Service,certified mall,return receipt
requested,postage prepaid,addressed to the following:East Naples Fire Control and Rescue District,4798
Davis Blvd.,Naples,Florida 34104.All Invoices and payments shall be sent to the East Naples Fire Control
and Rescue District.Any notice required or made pursuant to this Agreement by the ADMINISTRATIVE
DISTRICT to the COUNTY shall be in writing and delivered by hand or by the United States Postal Service
certified mall,return receipt requested,postage prepaid,addressed to the following:County Administrator,
Collier County Government Center,3301 Tamlaml Trail East,Naples Florida 34112,with a copy to
Administrator,Community Development &Environmental Services Division,2800 North Horseshoe Drive,
Naples,Florida 34104. I be Any notice required to be provided to any FIRE 0 . mailed to the Chief of the Fire District at
the fire station In which his office is loca
SECTION TWELVE;Term and T i • .
The Agreement shall remain in e t CO or the ADMINISTRATIVE
DISTRICT.The COUNTY or the ' #1,ti �, r this e t with or without
cause by providing written notice ' a• "1 . � � , rmination shall be effective
forty-five(45)days from receipt • 1 ft!..," I
If an independent or dependent Fi trict that is a party to •wishes to withdraw from this
Agreement,It shall provide written` of its withdrawal to •�kut + rt, nd the COUNTY shall have forty-
five(45)days to give notice of to the ADMINISTRATI• QT -ICT if the COUNTY wishes to
terminate this Agreement.If no such t , notice is • COUNTY,this Agreement shall be
deemed modified to exclude the wlthdra
G
SECTION THIRTEEN:Entire Agreement and CIR t this Agreement.
This Agreement contains the complete and entire understanding of the parties.Other than as stated in
Section Twelve,this Agreement may only be amended by a written Instrument duly executed by the parties
with the same formalities as the original.
SECTION FOURTEEN:Termination of Prior Interims'Agreements.
Upon the effective'date of this Agreement,all prior Intsdocal agreements between the COUNTY and the
FIRE DISTRICTS on the same subject shall be terminated.
SECTION FIFTEEN:Recording.
in accordance with 1 183.01(11),Florida Statutes,this Agreement shall be recorded by the Clerk of the
Occult Court in the official records of Collier County,Florida.
SECTION SIXTEEN:Effective Data.
This Agreement shall become effective upon its execution by the COUNTY and the FIRE DISTRICTS and its
filing In the Official Records of Collier County,Florida.
9
1 . -
' 118
- . .
OR: 3208 PG: 0845
'IN WITNESS WHEREOF,this Agreement was signed,waled and witnessed on the respective dales set
forth below.
, BOARD OF COUNTY COMMISSIONER
ATTEST' ,................O,,,1,, COLLIER COUNTY.Fl■-IDA
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OR: 3208 PG:
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ATTEST:.•.•••%%.%,, BOARD OF COUNTY COMMISSIONERS
^,`4p •0 `4�1 COWER COUNTY,FLORIDA AS THE
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APPROVED AS TO FROM
AND LEGAL SUFFICIENCY:
VRamat N. ary
Assistant County Attorney
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11
16H3
11B
EXHIBIT B 16 K8
INTERLOCAL AGREEMENT
This Interlocal Agreement(`Agreement)is made and entered into by and between the EAST NAPLES FIRE
CONTROL AND RESCUE DISTRICT,a political subdivision of the State of Florida,hereinafter referred to as
the"EAST NAPLES FIRE DISTRICT'and the Board of County Commissioners of Collier County,
Florida as the Governing Body of the Ochopss Firs District,hereinafter referred to as the'District'.
WHEREAS,the Florida Interlocal Cooperation Act of 1969,§183.01,Florida Statutes,authorizes the joint
exercise of any power,privilege or authority which the public agencies involved herein might exercise
separately and;
WHEREAS,the EAST NAPLES FIRE DISTRICT and the District are public agencies within the meaning of
the Florida Interlocal Cooperation Act of 1969 and desire the Joint exercise of power which each might
exercise separately for the purpose of providing fire prevention within Collier County,and
WHEREAS,the North Naples Fire Control and Rescue District,Golden Gate Fire Control and Rescue
District,Big Corkscrew Island Fire Control and Rescue District,Immokalee Fire Control and Rescue District,
East Naples Fire Control and Rescue District,Ochopee Flre Control District,and Isle of Capri Fire Control
District,have entered into an Interlocal Agreement with Collier County,dated:1-28-03 for the purpose of
delineating the responsibilities of Collier County and the Fire Districts with respect to fire plan reviews and
fire inspections for new construction,construction projects,and existing structures;and
WHEREAS,said Interlocal Agreement between Collier County and the Fire Districts requires that separate
agreements between each Fire District and the East Naples Fire Control and Rescue District be executed for
the purpose of Impiementing the duties and obligations of the Fire Districts pursuant to that agreement and;
NOW,THEREFORE,in consideration of the foregoing recitals and the mutual promises,covenants and
duties hereinafter set forth,the EAST NAPLES FIRE DISTRICT and the District formally covenant,agree,
and bind themselves as follows:
SECTION ONE:Purpose.
The purpose of this Agreement is to provide for an expeditious,high-quality fire permit plan review and fire
Inspection process for new construction and construction projects by delineating the responsibilities of the
EAST NAPLES FIRE DISTRICT and the District in order to enhance service to the citizens of Collier
County.A further purpose of this Agreement is to implement the duties and obligations of the EAST NAPLES
FIRE DISTRICT and the District,which are required by the Interlocal Agreement,dated 1-26-03 between
Collier County and the Fire Districts.
SECTION TWO:Definitions.
The following terms as used In this Agreement shall be defined as follows:
ASSISTANT FIRE CODE OFFICIAL-An individual who Is employed the administrative DISTRICT and who
serves In the absence of the Fire Code Official pursuant to this agreement.
AUTHORITY HAVING JURISDICTION-The Fire Chief or his/her designee(Fire Marshal,or Fire Inspector,
or Fire Code Official)responsible for,and having final authority In his/her respective jurisdiction,in both new
and existing construction(§FS 633.121).
FIRE DISTRICTS-The individual Fire and Rescue Districts operating within Collier County,including North
Naples,Golden Gate,Big Corkscrew Isl and,lmmokalee,East Naples,Ochoppee,and Isle of Capri.
FIRE CODE-The Collier County Fire Prevention Ordinance,the State Minimum Fire Safety Standards and
the State Fire Marshal's Uniform Fire Standard,and any successor or amendment to the Fire Prevention
Ordinance or either set of Fire Standards during the life of this agreement.
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16K8 -� , •
•FIRE SAFETY INSPECTOR-The individual appointed to carry out the functions identified by and referenced
in Chapter 553,Florida Statutes,Building Construction Standards,and Chapter 633,Florida Statutes,Fire
Prevention and Control.Such individual must be certified by the Division of State Are Marshal pursuant to§
633.05,Florida Statutes.The term as used In this Agreement may refer to the Fire Code Official,the
Assistant Fire Code Official,Fire Marshal,or Fire Inspector employed by one of the Fire Districts.
FIRE CODE OFFICIAL-The Individual appointed by the Fire Districts and employed by the EAST NAPLES
FIRE DISTRICT who is responsible for.
1. The accurate and timely review of buildng permit applications,plans and specifications for
compliance with the applicable Fire Code and;
2 The performance of statutory functions of the Fire Marshal and Fire Code Official for fire
plan review.
3. Providing Collier County with assistance in updating the Fire Codes and related
ordinances.
4. Manage and over-see all employees and records of the Fire Code Official's office on a daily
basis including time sheets and expenditures.
5. Provide training as needed to office staff and fire district personnel.
6. Present a preliminary budget to the fire chief of each district,and a final annual budget to the
Fire Chief of the administrative district or his/her designee.
7. Participate as a member of the Collier County Fire Marshals Association.
FIRE SERVICE STEERING COMMITTEE—A Florida corporation created 12°i day of March 1991
NEW CONSTRUCTION OR CONSTRUCTION-These terms include any construction,erection,alteration,
repair,or demolition of a building.
SECTION THREE:Delegation of Powers.
The District hereby authorizes the EAST NAPLES FIRE DISTRICT to exercise the following powers and
duties on behalf of the District concerning the Fire Code Official's office:
1. To employ personnel upon review and approval of the Fire Service Steering Committee;
2. To lease office space;
3. To receive payments from Collier County:
4. To disburse funds; • •
5 To otherwise operate and represent the District with respect to review of building permit plans
for compliance with the Fire Code;and
6 In conjunction with the Fire Service Steering Committee,establish and maintain a benefit
package
and to implement policies and procedures for the purpose of the operations and administration of
the Fire Code Official's Office.
SECTION FOUR:inspections.
The District shall be responsble for performing Inspections and any necessary re-Inspections of new
construction and construction projects for which building permits have been issued.The District shall
employ fire safety inspectors to perform all Inspections on permitted construction projects.The fees for these
inspections and re-Inspections shall be collected by Collier County and paid to the EAST NAPLES FIRE
CONTROL and RESCUE DISTRICT,which shall distribute them In accordance with Section 5(A)of this
Agreement.It Is understood that pursuant to the Interiooal Agreement between Collier County and the Fire
Districts dated 1-28-03.Fire Districts receive no payment from Collier County for their inspections of existing
buildings within their districts.
SECTION FIVE:Distribution of Funds.
A.Inspections.
The EAST NAPLES FIRE DISTRICT is hereby authorized to receive payment from Collier County of all fire
inspection fees collected on behalf of the District,The EAST NAPLES FIRE DISTRICT shall determine what
portion of the fire inspection fees received from Collier County Building Review and Permitting Department
2
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11 .8
were paid for fire Inspections in the CNstrICt A copy of the County's distribution Hating by District shall be
provided along with the cheek and the calculation sheet of the amount being remitted.The EAST NAPLES
FIRE DISTRICT which shall distribute that determined portion including any interest to the District.less 1%
of the total fees to cover administrathw costs.The EAST NAPLES FIRE DISTRICT shall send the fee checks
In the appropriate amount to the District within fifteen(15)days of receipt of the fees from the Collier County
Building Review and Permitting Department
B.Fire Cods Official's Office.
The funding mechanism for the Fire Code Official's Office is described In the Interlocal Agreement
between Collier County and the Fire Districts,dated 1.28-03.Funds received by the EAST NAPLES FIRE
DISTRICT from Collier County for the performance of the duties of the Fire Code Official's office shall fist be
allocated to the budget of the Fire Code Officials office. The EAST NAPLES FIRE DISTRICT shall create a
Fire Code Official's contingency account,in which it shall deposit the funds received from Collier County for
the performance of the Fire Code Official's duties which are in excess of those needed to fund the Fire Code
Official's Office currant year's budget This contingency fund shall be allowed to accumulate in an interest
bearing account to an amount equaling twice the current years adopted budget for the FIre Code Official.
Within ninety(90)days of the contingency fund reaching the level of twice the current year's adopted budget
for the Fire Code Official,the Fire Service Steering Committee shall evaluate and recommend that,if
necessary,the County adjust the Plan Review Fee Schedule to maintain the contingency fund at that level.
C.Fixed Asset
All fixed assets of the Fire Code Officials Office shall be marked as property of the office and a copy of the
most current inventory shall be provided to the District on an annual basis.Ownership of all fixed assets shall
remain the property of the Fire Code Official's Office.
0.Financial Reporting
On a quarterly basis,the East Naples Fire District shall provide the District a quarterly financial status report
for the Fire Code Official's Office and on an annual basis a copy of the audit report for the office.
SECTION SIX:Fire Code OfficW's Budget.
A.Budget
Not later than May 1 of each year,the Fire Code Official shall submit a preliminary budget for the following
fiscal year,to begin on October 1,and end on September 30,to each Fire district.The Free Service Steering
Committee and each Fire District shall review this budget and provide its comments and recommendations
on the budget to the EAST NAPLES FIRE DISTRICT no later than July 1 of the year in which the budget is
submitted.The EAST NAPLES FIRE DISTRICT shall consider the comments and recommendations of each
Fire District during its consideration of the Fire Code Official's budget.The EAST NAPLES FIRE DISTRICT
shall be responsible for adopting the final yearly budget for the Fire Code Official.
B.Benefit Package
The EAST NAPLES FIRE DISTRICT shall In conjunction with the steering committee,establish a benefit
package for the employees of the Are Code Official's Office.This package shall be approved by the steering
committee,and will be considered portable when possible when any change in the administrating district
occurs.Funding shall be from revenue Included in a line item on an annual basis in the Fire Code Official's
office budget.
SECTION SEVEN:Firs Cods Official Selection.
Fire Code Official's Selection Committee.
The Committee shall be formed to assist the Chief of the EAST NAPLES FIRE DISTRICT in the selection of
the Fire Code Official.The committee shall consist of one(1)representative from each Fire District each of
whom shall have one(1)vote on the committee.Each district shall independently determine ha method for
selecting its representative.The Commitee shall create a Job description for the Fire Code Official and
publicize that job description and the required qualifications for the Firs Code Official,review all applications
received for the position,conduct all testing of applicants and interview applicants.The committee shall
recommend one(1)candidate for the position of Fire Code Official to the Chief of the EAST NAPLES FIRE
DISTRICT by a vote of a majority of the members of the committee.The chief of the EAST NAPLES FIRE
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16K8 •
•
DISTRICT shall consider the recommendation of the committee.The Chief of the East Naples Fire District
may veto the choice of a candidate from the committee,but may not appoint a candidate without the
approval of the committee.
SECTION EIGHT:Employment,Performance Evaluations,and Disciplinary Action for the Firs Code
Official's Office Employees
A.Employment.
The Fire Code Official's office employees shall be considered employees of the EAST NAPLES FIRE
DISTRICT and subject to the personnel policies and rules of that District and the policies and procedures
developed for this office.
B.Performance Evaluation.
A performance evaluation of the Fire Code Official shall be conducted not less than annually.The evaluation
shall be conducted in accordance with the policies of the EAST NAPLES FIRE DISTRICT,and the
evaluation shall be reported on the standard EAST NAPLES FIRE DISTRICT evaluation form.All Fire
Districts are entitled to participate in the evaluation of the Fire Code Official and each Fire District may
submit one(1)evaluation to the EAST NAPLES FIRE DISTRICT.The evaluations of the Fire Cods Official
and related concerns of all Fire Districts shall be taken Into consideration by the EAST NAPLES FIRE
DISTRICT during its evaluation of the Fire Code Official.The Fire Service Steering Committee may from time
to time make recommendations to the administrative district regarding the Fire Code Official's office.
C.Disciplinary Action.
EAST NAPLES FIRE DISTRICT shall be responsible for all disciplinary procedures involving the Fire Code
Official and staff.All disciplinary action shall be carried out in accordance with the policies of the EAST
NAPLES FIRE DISTRICT.All commendations and complaints shall be directed to the Chief of the EAST
NAPLES FIRE DISTRICT,with a copy to all participating districts.The EAST NAPLES FIRE DISTRICT shall
in conjunction with the steering committee,establish policies,rules and regulations within one(1)year of
executing this document for the employees of the Fire Code Official's Office.This package shall be approved
by the Steering Committee,and will be considered portable when possible when any change in the
administrating district occurs.
SECTION NINE:Termination or Amendment
This agreement shall remain in effect until terminated by either party.Either party may terminate this
agreement with or without cause by providing written notice to the other party and to Collier County.Such
termination shall be effective forty-five(45)days after receipt of said written notice.This agreement may be
amended from time to time upon the agreement of both parties.My amendment must be In writing and must
be executed with the same formalities as the original.
SECTION TEN:Notices.
Any notice made pursuant to this Agreement to the EAST NAPLES FIRE DISTRICT shall be in writing and
delivered by hand or by the United States Postal Service,certified mail,return receipt requested,postage
prepaid,addressed to The following:East Naples Fire Control and Rescue District 4798 Davis Blvd,Naples,
Florida 34104.All invoices shall be sent to the East Naples Fire Control and Rescue District.
Any notice required or made pursuant to this Agreement to the District shall be In writing and delivered by
hand or by the United States Postal Service,certified mail,return receipt,requested,postage paid,addressed
to the following: Board of County Commissioners of Collier County,Florida as the Governing Body of the
Ochopee Fire District, Naples,Florida(zip).
Any notice required or made pursuant to this Agreement to Collier County shall be in writing and delivered by
hand or by the United States Postal Service,certified mall,return receipt requested,postage prepaid,
addressed to the following:County Manager,Building F,Collier County Government Center,
3301 E.Tamlarni Trail,Naples,Florida,34112.
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SECTION ELEVEN:Entire Agreement
This Agreement contains the complete and entire understanding of the parties.
SECTION TWELVE:Recording.
In accordance with§183.01 (11),Florida Statutes,this Agreement shall be recorded by the Clerk of the
Circuit Court In the Official's records of Collier County,Florida.
SECTION THIRTEEN:Effective Oats.
This Agreement shall become effective upon Its execution by the EAST NAPLES FIRE CONTROL and
RESCUE DISTRICT and the District and It's filing with the Clerk of Circuit Court.
IN WITNESS WHEREOF,this Agreement was signed,sealed,and witnessed on the respective dates set
forth below.
Witness: EAST NAPLES FIRE CONTROL and
RESCUED) t �
Witness:
, mien
Printed Name: Thomas G.Cannon
Date:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK,Clerk COLLIER COUNTY,FLORIDA AS THE
GOVERNING BODY OF THE OCHOPEE
FIRE DISTRICT
i1 '; Pi l y . a'tif•I, By:
T enning,Chairman
Attest as-''t>t lri ert•s b.14.03
itgrldti.only
1,..:•
Approved as to form and
legal sufficiency:
Rob‘rt . h
Assistant County Attorney
5
LEASE AGREEMENT
16H3
THIS LEASE AGREEMENT entered into thisZL-r lay of ∎c- , 2014, between
the North Naples Fire Control and Rescue District, whose mailing address is 1885 Veterans Park
Drive, Naples, Florida 34109, hereinafter referred to as "Lessee," and the Collier County,
Florida, a political subdivision of the State of Florida, whose mailing address is 3299 East
Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Lessor."
WITNESSETH:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the Parties, and in consideration of the covenants
contained herein, the Parties hereby enter into this Lease on the following terms and conditions:
1. Conveyance. On the terms and conditions set forth in this Lease, and in
consideration of Lessee's performance under this Lease, the Lessor conveys to the Lessee the
present possessory interest in the Leased Premises described below.
2. Description of Leased Premises. The Leased Premises, which is the subject of
this Lease, is work space located within the improved property located at the Growth
Management Division offices located at 2800 North Horseshoe Drive, Naples, Florida 34104, as
further depicted in Exhibit A, which is attached hereto and made a part hereof, hereinafter
referred to as the "Premises." In addition to office space provided to Lessee, Lessor shall also
provide Lessee with available shared conference room space. The Lessee shall have the right to
use any of the office furniture, including but not limited to cubicle walls, desks, and chairs, and
computer and telephone cabling located within the Premises as of the Commencement Date.
Lessee may configure the existing office furniture and cabling, within the Premises, in any
manner not inconsistent with the provisions of this lease. If any of the office furniture or
computer and telephone cabling is damaged or can no longer be used by Lessee for any reason,
Lessee will be responsible for providing replacement furniture or computer and telephone
cabling for Lessee's use. As part of the Leased Premises, the Lessor shall also afford to the
Lessee the computer software, licenses and upgrades required to use the Premises as provided in
Section 4, below, and consistent with the Interlocal Agreement entered into between the Parties
contemporaneously with the execution of this Lease Agreement.
3. Conditions to Conveyance. Lessee warrants and represents to Lessor that it has
examined the title and boundaries of the Premises. Accordingly, this conveyance is subject to all
of the following:
a. Any and all conditions, restrictions, encumbrances and limitations now recorded
against the Premises;
b. Any and all existing or future zoning laws or ordinances;
c. Any questions of title and survey that may arise in the future; and
d. Lessee's satisfactory performance of all terms and conditions of this Lease.
4. Use of Premises. The premises are to be solely used in furtherance of Lessee's
duties in conducting fire plans reviews and in conducting its related business with the general
public. Lessor shall have the right to terminate this Lease should Lessee utilize the Premises in
any manner inconsistent with the approved use. The Lessee may have access to the Premises
twenty-four (24) hours per day, seven (7) days per week. However, Lessee may only conduct
operations open to the public, within the Premises, between the hours of 8:00 a.m. and 5:00 p.m.,
Page 1 of 7
16H3
Monday through Friday. The Lessee shall have the right of ingress and egress to, from and upon
the Premises for all purposes necessary to the full quiet enjoyment by Lessee of the rights
conveyed herein.
5. Permissible Alterations and Additions to Premises. Lessee may not make any
alterations or additions to the Leased Premises without obtaining Lessor's prior written consent,
which consent may be withheld in Lessor's sole discretion. Lessee shall submit to Lessor plans
and specifications for all alterations and additions at the time Lessor's consent is sought.
6. Term of Lease. This is an annual lease which shall commence on the date first
above written and terminate 365 day thereafter. The Lease will be automatically renewed on an
annual basis under the same terms and conditions, unless either party desires to terminate this
agreement in the manner set forth below.
7. Rent. Lessee hereby covenants and agrees to pay as rent for the Premises the
annual sum of$50,000.00, which shall be due and payable by the first day of October of every
year of this Lease. Rent due on October 1, 2014, shall be prorated based on the actual number
of days that Lessee occupies the Premises during the initial rental period.
8. Gross Lease. This is a gross lease. Lessor shall be responsible for providing the
following utilities to the Premises, at no additional cost to Lessee: electric, water, interne,
phone service and sewer. The Lessor shall maintain in good repair the Premises exterior walls,
roof, common areas, foundation, structural portions and the central portions of the Portion's
mechanical, electrical, plumbing, heating, ventilating and air-conditioning systems, all in a
manner consistent with similar government office space located in the Naples, Florida area,
provided the need for any such repairs does not result from the action or inaction of the Lessee,
its invitees, employees, or anyone under Lessee's direction or control. Lessor shall provide
janitorial services and maintenance for the Premises and shall keep the Premises clean, well-
maintained, and in good order and repair.
9. Liability.
A. Each party is responsible for all personal injury and property damage attributable to
the negligent acts or omissions of that party and the officers, employees and agents thereof.
Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by
any party hereto, as provided in Section 768.28, F.S., as amended from time to time, or any other
law providing limitations on claims. This provision shall survive the expiration or termination of
this lease.
B. Lessee shall, at its own cost and expense, repair all physical damage to the Premises
caused by the Lessee, its invitees, employees, or anyone under Lessee's direction or control. In
the event that any repairs or replacement costs are covered and paid for by Lessee's insurance,
Lessee shall pay all deductibles and other sums not covered and paid for by such insurance
policies.
10. Lessee's Liens and Mortgages. Lessee shall not in any way encumber the
Premises, and shall promptly remove any and all liens placed against the Premises. All persons
to whom these presents may come are put upon notice of the fact that the interest of the Lessor in
the Premises shall not be subject to liens for improvements made by the Lessee and liens for
improvements made by the Lessee are specifically prohibited from attaching to or becoming a
lien on the interest of the Lessor in the Premises or any part of either. This notice is given
pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes.
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16H3
11. Casualty and Condemnation. If the Premises are destroyed, rentrerC'ti-
substantially inhabitable, or damaged to any material extent, as reasonably determined by Lessee
and Lessor, by fire or other casualty, then Lessee or Lessor may terminate this Lease by
providing notice to the other party within ninety (90) days after the occurrence of such casualty.
The termination will be effective on the ninetieth (90th) day after such fire or other casualty,
unless extended by mutual written agreement of the Parties. During the period between the date
of such casualty and the date of termination, Lessee will cease its operations as may be necessary
or appropriate.
12. Lessor's Access to Premises. Lessor, its duly authorized agents, contractors,
representatives and employees, shall have the right, to enter into and upon the Premises during
normal business hours, or such other times with the consent of Lessee, to inspect the Premises or
verify compliance with the terms of this Lease.
13. Termination and Surrender. Unless otherwise mutually agreed by the Parties,
within thirty (30) days after termination of the lease term, Lessee shall redeliver possession of
the Premises to Lessor in good condition and repair
14. Assignment. This Lease is personal to Lessee. Accordingly, Lessee may not
assign this Lease or sublet any portion of the Premises without the express prior written consent
of the Lessor, which consent may be withheld in Lessor's sole discretion. Any purported
assignment or sublet without the express written consent of Lessor shall be considered void from
its inception, and shall be grounds for the immediate termination of this Lease. Lessor may
freely assign this Lease upon written notice to Lessee. Notwithstanding, if the Lessee is merged
or consolidated with an independent special fire control and rescue district, this Lease shall
automatically novate to the surviving independent special fire control and rescue district.
15. Insurance.
a. Lessee shall provide and maintain a Commercial General Liability insurance policy,
approved in writing by Lessor and the Collier County Risk Management Department, for not less
than One Million and 00/100 Dollars ($1,000,000.00) combined single limits during the term of
this Lease.
b. In addition, Lessee shall provide and maintain Worker's Compensation Insurance
covering all employees meeting the then existing Statutory Limits in compliance with the
applicable state and federal laws. The coverage shall include Employer's Liability with a
minimum limit of One Hundred Thousand and 00/100 Dollars ($100,000.00) per each accident.
If such amounts are less than good insurance industry practice would require, Lessor reserves the
right to increase these insurance limits by providing Lessee with at least sixty (60) days' advance
notice to do so.
c. Lessor shall be named and continuously maintained as an additional insured on the
Commercial General Liability insurance policy. Evidence of such insurance shall be provided to
Lessor and the Collier County Risk Management Department, c/o Real Property Management,
3335 East Tamiami Trail, Suite 101, Florida, 34112, prior to the commencement of this Lease;
and shall include a provision requiring not less than ten (10) days prior written notice to Lessor in
the event of cancellation or changes in policy(ies) coverage. If such amounts are less than good
insurance practice would require, Lessor reserves the right to reasonably amend their insurance
requirements by issuance of notice in writing to Lessee, whereupon receipt of such notice Lessee
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16H3
shall have thirty (30) days in which to obtain such additional insurance. The issuer of any palic')
must have a Certificate of Authority to transact insurance business in the State of Florida and
must be rated "A" or better in the most current edition of Best's Insurance Reports. Each insurer
must be responsible and reputable and must have financial capacity consistent with the risks
covered. Each policy must contain an endorsement to the effect that the issuer waives any claim
or right of subrogation to recover against Lessor, its employees, representatives and agents.
d. Failure to continuously abide with all of these insurance provisions shall be deemed to
be a material breach of this Lease and Lessor shall have the remedies set forth below.
16. Defaults and Remedies.
a. Defaults by Lessee. The occurrence of any of the following events and the expiration
of the applicable cure period set forth below without such event being cured or remedied will
constitute a "Default by Lessee" to the greatest extent then allowed by law:
i. Abandonment of Premises or discontinuation of Lessee's operation.
ii. Lessee's material misrepresentation of any matter related to this Lease.
iii. Lessee's failure to utilize the Premises for its approved use.
b. Remedies of Lessor.
i. In the event of the occurrence of any of the foregoing defaults, Lessor, in addition
to any other rights and remedies it may have, shall have the immediate right to re-enter and
remove all individuals, entities and/or property from the Premises. Such property may be
removed and stored in a public warehouse or elsewhere at the cost of and for the account of
Lessee, all without service of notice or resort to legal process and without being deemed guilty of
trespass, or being liable for any loss or damage which may be occasioned thereby. If Lessee
does not cure the defaults in the time frames as set forth above, and Lessor has removed and
stored property, Lessor shall not be required to store for more than thirty (30) days. After such
time, such property shall be deemed abandoned and Lessor shall dispose of such property in any
manner it so chooses and shall not be liable to Lessee for such disposal.
ii. If Lessee fails to promptly pay, when due, any full installment of rent or any other
sum payable to Lessor under this Lease, and if said sum remains unpaid for more than five (5)
days past the due date, the Lessee shall pay Lessor a late payment charge equal to five percent
(5%) of each such payment not paid promptly and in full when due. Any amounts not paid
promptly when due shall also accrue compounded interest of two (2%) percent per month or the
highest interest rate then allowed by Florida law, whichever is higher ("Default Rate"), which
interest shall be promptly paid by Lessee to Lessor.
iii. Lessor may sue for direct, actual damages arising out of such default of Lessee or
apply for injunctive relief as may appear necessary or desirable to enforce the performance and
observance of any obligation, agreement or covenant of Lessee under this Lease, or otherwise.
Lessor shall be entitled to reasonable attorneys fees and costs incurred arising out of Lessee's
default under this Lease.
c. Default by Lessor. Lessor shall in no event be charged with default in the
performance of any of its obligations hereunder unless and until Lessor shall have failed to
perform such obligations within thirty (30) days (or such additional time as is reasonably
required to correct such default) after written notice to Lessor by Lessee properly and in
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16H3
meaningful detail specifying wherein, in Lessee's judgment or opinion, Lessor has failed to
perform any such obligation(s).
d. Remedies of Lessee. Lessee's remedies for Lessor's default under this Lease shall be
limited to injunctive relief as may appear necessary or desirable to enforce the performance and
observance of any obligation, agreement or covenant of Lessor under this Lease.
e. No Remedy Exclusive. No remedy herein conferred upon or reserved to either party is
intended to be exclusive of any other available remedy or remedies, but each and every such
remedy will be cumulative and in addition to every other remedy given under this Lease or
hereafter existing under law or in equity. No delay or omission to exercise any right or power
accruing upon any event of default will impair any such right or power nor be construed to be
waived, but any such right and power maybe exercised from time to time and as often as may be
deemed expedient.
f. Non-Waiver. Every provision hereof imposing an obligation upon Lessee is a material
inducement and consideration for the execution of this Lease by Lessee and Lessor. No waiver
by Lessee or Lessor of any breach of any provision of this Lease will be deemed for any purpose
to be a waiver of any breach of any other provision hereof or of any continuing or subsequent
breach of the same provision, irrespective of the length of time that the respective breach may
have continued.
Miscellaneous Legal Matters
17. This Lease shall be construed by and controlled under the laws of the State of
Florida.
18. This Lease contains the entire agreement of the parties with respect to the matters
covered by this Lease and no other agreement, statement or promise made any party, or to any
employee, officer or agent of any party, which is not contained in this Lease shall be binding or
valid. Time is of the essence in the doing, performance and observation of each and every term,
covenant and condition of this Lease by the parties.
19. In the event state or federal laws are enacted after the execution of this Lease,
which are applicable to and preclude in whole or in part the parties' compliance with the terms of
this Lease, then in such event this Lease shall be modified or revoked as is necessary to comply
with such laws, in a manner which best reflects the intent of this Lease.
20. Except as otherwise provided herein, this Lease shall only be amended by mutual
written consent of the parties hereto or by their successors in interest. Notices hereunder shall be
given to the parties set forth below and shall be made by hand delivery, facsimile, overnight
delivery or by regular mail. If given by regular mail, the notice shall be deemed to have been
given within a required time if deposited in the U.S. Mail, postage prepaid, within the time limit.
For the purpose of calculating time limits which run from the giving of a particular notice the
time shall be calculated from actual receipt of the notice. Time shall run only on business days
which, for purposes of this Lease shall be any day other than a Saturday, Sunday or legal public
holiday. Notices shall be addressed as follows:
Page 5 of 7
LESSOR: 16H3
COLLIER COUNTY
3299 Tamiami Trail
Naples, Florida 34112
LESSEE:
NORTH NAPLES FIRE CONTROL
AND RESCUE DISTRICT
1885 Veterans Park Drive
Naples, Florida 34109
Notice shall be deemed to have been given on the next successive business day to the date of
the courier waybill if sent by nationally recognized overnight delivery service.
20. Lessee is an independent contractor, and is not an agent or representative or
employee of Lessor. During the term of this Lease, neither Lessee, nor anyone acting on behalf
of Lessee, shall hold itself out as an employee, servant, representative or agent of Lessor.
Neither party will have the right or authority to bind the other party without express written
authorization of such other party to any obligation to any third party. No third party is intended
by the parties to be a beneficiary of this Lease or to have any rights to enforce this Lease against
either party hereto or otherwise. Nothing contained in this Lease will constitute the parties as
partners or joint ventures for any purpose, it being the express intention of the parties that no
such partnership or joint venture exists or will exist. Lessee acknowledges that Lessor is not
providing any vacation time, sick pay, or other welfare or retirement benefits normally
associated with an employee-employer relationship and that Lessor excludes Lessee and its
employees from participation in all health and welfare benefit plans including vacation, sick
leave, severance, life, accident, health and disability insurance, deferred compensation,
retirement and grievance rights or privileges.
21. Neither party to this Lease will be liable for any delay in the performance of any
obligation under this Lease or of any inability to perform an obligation under this Lease if and to
the extent that such delay in performance or inability to perform is caused by an event or
circumstance beyond the reasonable control of and without the fault or negligence of the party
claiming Force Majeure. "Force Majeure" shall include an act of God, war (declared or
undeclared), sabotage, riot, insurrection, civil unrest or disturbance, military or guerrilla action,
economic sanction or embargo, civil strike, work stoppage, slow-down or lock-out, explosion,
fire, earthquake, abnormal weather condition, hurricane, flood, lightning, wind, drought, and the
binding order of any governmental authority.
22. Lessee will not transport, use, store, maintain, generate, manufacture, handle,
dispose, release or discharge any Hazardous Materials upon or about the Premises, nor permit
employees, representatives, agents, contractors, sub-contractors, sub-sub-contractors, material
men and/or suppliers to engage in such activities upon or about the Premises.
23. In compliance with Section 404.056, Florida Statutes, all parties are hereby made
aware of the following: Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been found
Page 6 of 7
r 3
in buildings in don testi Florida. Additional information regarding radon and a
obtained from your County Public Health Department.
24. Lessee shall execute this Lease prior to it being submitted for approval by the
Collier County Board of County Commissioners. This Lease may be recorded by the County in
the Official Records of Collier County, Florida, within fourteen (14) days after the County enters
into this Lease.
IN WITNESS WHEREOF, the Lessee and Lessor have hereto executed this Lease the
day and year first above written.
AS TO THE LESSOR:
ATTEST: .i„ BOARD OF COUNTY COMMISSIONERS
DWIGHT E. OC CLERK COLLIER COUNTY, FLORIDA
tI
By. O1?4LL ' 0 C • _ / ..
,' , t -eputy Clerk TOM HENNING, , AIRMAN
Attest:asto 1:_r ' S
sign ature bnt y ''
Approved as to form and legality:
, ....rj, If- WI..." 2...)ivi
Jeffrey A. Klatzkow
County Attorney
AS TO LESSEE:
NORTH NAPLES FIRE CONTROL
AND RESCUE I STRIC
,KZ X.P.. BBy: ; es • c. <6
WITNESS (signature) -to--/Y
Print Name and Title
Lye, F:Pi o,'y
(print name)
t ./....._
WITNESS (signature)
0._51(x4e r\ .__ NN‘\-V\—
(print name)
Page 7 of 7