Agenda 04/22/2014 Item #16H4 Proposed Agenda Changes
Board of County Commissioners Meeting
April 22, 2014
Item #16H4: Executive Summary title corrected to read: Recommendation
to approve an Interlocal Agreement (ILA) with Golden Gate Fire Control and
Rescue District (GGFD) providing that the County assume fire plans review duties
on behalf of ENFD GGFD and the County's dependent fire districts, including Isles
of Capri, Ochopee and Collier Fire District One, and authorizing the ENFD Fire
Chief or his designee to act as the approving authority over fire plans review for
the County's dependent fire districts. (Staff's request)
Continue Item#16D2 to the May 13,2014 BCC Meeting: Recommendation to approve the
Second Amendment to the Home Investment Partnership Program Subrecipient Agreement with
Community Assisted and Supported Living,Inc.,for the Multi-Family Property Acquisition
Project, providing for project updates. (Commissioner Fiala's request)
Note:
Item 11E: Revise the Executive Summary title to read: Recommendation to approve a County
Purchasing Manual establishing procurement and contract administration procedures that support
execution of the Board's Purchasing Ordinance adopted on December 10,2013,and direct the
County Attorney to prepare the necessary Resolution of adoption for signature by the Chair.
(Staff and County Attorney's request)
Item 16D7: Section 9.B.5 of the Subrecipient Agreement Amendment between Collier County
Housing,Human and Veteran Services and Habitat for Humanity of Collier County is revised to
include the following additional language: Pursuant to HUD letter dated January 8,2014 from
Steven A. Bales,Labor Relations Specialist,this project is not required to meet Davis Bacon
requirements unless HOME funds are utilized in the project,for 12 or more HOME assisted units
pursuant to 24 CFR 92.354. (Staffs request)
Commissioners will be attending lunch with the Know Your County Government Teen Citizenship
Program in the 5th Floor Conference Room-Administration Building-from 12:00 to 1:00 p.m.
Time Certain Items:
Item 11C to be heard at 10:00 a.m.
Item 11E to be heard at 10:45 a.m.
4/22/2014 16.H.4.
EXECUTIVE SUMMARY
•'■ Recommendation to approve an Interlocal Agreement (ILA) with Golden Gate Fire
Control and Rescue District (GGFD) providing that the County assume fire plans review
duties on behalf of ENFD and the County's dependent fire districts, including Isles of
Capri, Ochopee and Collier Fire District One, and authorizing the ENFD Fire Chief or his
designee to act as the approving authority over fire plans review for the County's
dependent fire districts.
OBJECTIVE: To improve the speed of fire plans review and the issuance of permits in
conjunction with building plans review for projects located within the GGFD, Collier County's
dependent fire districts and Collier Fire District One operating under the County's Growth
Management Division(GMD).
CONSIDERATIONS: On June 11, 2013, Item 10E, the Board authorized Commissioner Tom
Henning to represent the Board and work with staff in evaluating and potentially negotiating
consolidated EMS services and County managed plan review and inspection services. Staff
subsequently attended fire district commissioner meetings and communicated with fire officials
to discuss opportunities to consolidate plan review and inspection services. In September 2013,
Commissioner Henning and staff attended an East Naples Fire Control and Rescue District
(ENFD)meeting to propose a county-sponsored fire plans review service.
Commissioner Henning and staff concurrently met with North Naples Fire Control and Rescue
District (NNFD), ENFD and Golden Gate Fire Control and Rescue District (GGFD)
representatives to work towards consolidating fire plans reviews under the County. In November
2013, NNFD began to craft a plan to reorganize fire plans reviews in its district that involved
hiring its own reviewers and working cooperatively with the County's building officials within
the County's Growth Management Division offices.
On March 25, 2014, the BCC approved a Memorandum of Understanding (MOU) with the
ENFD and GGFD to work towards county-managed fire plans review services. On April 9,
2014, the GGFD Commission simultaneously approved an MOU with the County to pursue a
partnership related to reorganizing fire plans reviews and an Interlocal Agreement (ILA)
authorizing the County Manager (or his designee) to be the managing administrative authority
over the GGFD and the dependent fire districts' fire plans reviews.
The reorganization of the NNFD, ENFD and GGFD fire plans review process is intended to
improve the speed of issuing permits and reduce conflicts between plans reviews and fire
inspections.
The attached ILA mandates that fire plans reviewers will operate on the same software as other
GMD plans reviews, CityView, and that fifty-percent of the ENFD Fire Marshal's unburdened
salary will be paid by fire plans review fees.
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The ILA between the GGFD and County addressing the management of fire plans reviews in the
GGFD and dependent fire districts, and NNFD the County's separate agreement to cooperatively
operate its plans reviewers located on County property will:
• Restore the one-stop-shop concept;
• Improve communication between fire plans, electrical, plumbing and building plans
reviewers,which has previously been lacking; and
• Reduce fire plans fees to make them more economical and eliminate redundant reviews.
The GGFD Board passed the attached ILA with the County with a request that the GGFD-ENFD
Attorney be permitted to review the agreement further post-execution; and in the event that its
attorney requests additional minor revisions to the ILA, not affecting the material substance of
the agreement, which are also approved by County staff and the County Attorney, that those
changes be permitted through an amendment to the ILA.
The ENFD and GGFD may merge if a referendum is approved on the ballot by voters in both fire
districts during the 2014 General Election. Should a merger result, the fire plans review ILA
between the ENFD and the County will require further amendment.
FISCAL IMPACT: Although fiscally neutral, a budget amendment will be required to
authorize new staffing positions including fire plans reviewers. The cost of which will be
reconciled by fire plans review fees. One half of the ENFD Fire Marshal unburdened salary will
also be funded by fees collected. Revenues and expenditures shall be reconciled after 12 months
of operations to match actual cost. This is a companion item to the to GMD agenda item
authorization for staffing.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires
majority vote for Board approval.—SRT
RECOMMENDATION: Recommendation that the Board of County Commissioners approve
an Interlocal Agreement (ILA) with Golden Gate Fire Control and Rescue District (GGFD)
providing that the County assume fire plans review duties on behalf of ENFD and the County's
dependent fire districts, including Isles of Capri, Ochopee and Collier Fire District One, and
authorizing the ENFD Fire Chief or his designee to act as the approving authority over fire plans
review for the County's dependent fire districts.
Prepared by: Commissioner Tom Henning
Attachments: 1)ILA; 2)Approved ENFD County MOU; 3)Exhibit A;4)Exhibit B; 5)Exhibit
C
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.H.16.H.4.
Item Summary: Recommendation to approve an Interlocal Agreement(ILA) with Golden
Gate Fire Control and Rescue District (GGFD) providing that the County assume fire plans
review duties on behalf of ENFD and the County's dependent fire districts, including Isles of
Capri, Ochopee and Collier Fire District One, and authorizing the ENFD Fire Chief or his designee
to act as the approving authority over fire plans review for the County's dependent fire
districts. (Commissioner Henning)
Meeting Date: 4/22/2014
Prepared By
Name: SmithCamden
Title: Executive Coordinator to Commissioner,
4/10/2014 4:17:56 PM
Approved By
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 4/15/2014 10:00:00 AM
Name:MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 4/15/2014 10:20:36 AM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 4/15/2014 10:54:07 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/15/2014 11:25:06 AM
Name: KimbleSherry
Title: Management/Budget Analyst, Senior,Office of Manag
Date: 4/15/2014 12:23:55 PM
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Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 4/15/2014 12:54:48 PM
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INTERLOCAL AGREEMENT CONCERNING
PLAN REVIEW AND INSPECTION
THIS INTERLOCAL AGREEMENT CONCERNING PLAN REVIEW AND
INSPECTION (hereinafter referred to as the "Interlocal Plan Review Agreement") is made and
entered into this of , 2014, by and between Golden Gate Fire Control and
Rescue District ("GGFD") and Collier County, Florida, and as the Governing Body of the
Ochopee Fire District and the Isle of Capri Fire and Rescue District (hereinafter referred to as
"County"), collectively referred to as the"Parties."
RECITALS:
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 GGFD and County are public agencies within the meaning of the Florida
Interlocal Cooperation Act of 1969 and wish to enter into this agreement to jointly exercise
powers which each might exercise separately for the purpose of fire prevention within Collier
County,Florida;and
WHEREAS, the North Naples Fire Control and Rescue District(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), 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 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," that the ENFD and County wish to terminate and replace with this
Interlocal Plan Review Agreement;and
WHEREAS,pursuant to Exhibits"A"and"B,"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 County and NNFD entered into an MOU dated January 28,2014,a copy
of which is attached as Exhibit "C," wherein NNFD will resume reviewing all building permit
plans located in NNFD;thereby terminating the East Naples Fire Control and Rescue District as
the Administrative District for such reviews in the NNFD coverage areas;and
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WHEREAS, ENFD and the Golden Gate Fire Control and Rescue District are in the
process of consolidating into a single Fire Control and Rescue District (the "Consolidated
District");and
WHEREAS, ENFD has decided it no longer wishes to review all building permit plans
filed with Collier County for compliance with the Fire Code, and the County has agreed to
assume responsibility for this administrative function, subject to the following terms and
conditions.
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 County shall assume responsibility for Fire Plan Review of all building
construction plans and specifications of all new construction and construction projects. GGFD
shall continue to be responsible for performing inspections and any necessary re-inspections of
new construction and construction projects for which building permits have been issued.
3. To promote an orderly transition of the County's responsibility for Fire Plan
Review, ENFD will maintain its Fire Code Officials Office to serve its existing customers and
fire districts.
4. Fire Plans Reviewers will be cross trained for other Growth Management
Division(GMD)plans reviews with the consent of the ENFD-GGFD Fire Chief;which shall not
unreasonably be withheld, and may only utilize the staff in this capacity to maximize workload
as necessary,and they must remain dedicated to processing and completing fire plans reviews.
5. The ENFD-GGFD Fire Chief will retain his authority having jurisdiction (the
"MIT")as provided under Florida Statute 633.
6. The East Naples—Golden Gate Fire Marshal,when delegated the authority by the
ENFD-GGFD Fire Chief shall be appointed as the Collier County Fire Marshal, and subject to
the approval of the ENFD-GGFD Fire Chief, shall have jurisdictional and final approval
authority over fire plans reviews within the ENFD and GGFD districts and the areas agreed upon
by Collier County, GGFD and ENFD, or the subsequent Consolidated District entity resulting
from the anticipated future merger between the East Naples and Golden Gate Fire Control and
Rescue Districts. County Manager (or designee) is the direct employer for County fire plans
reviewers and maintains the authority to manage its staff and fire plans review processes.
7. The County will pay fifty percent (50%) of the East Naples —Golden Gate Fire
Marshal's unburdened salary to the ENFD out of revenue the County collects from fire plans
review fees. Payment will be remitted by the County equally throughout the year on a quarterly
basis.
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8. GGFD and the County agree for the ENFD-GGFD Fire Chief and Fire Marshal
(or designee) to act as the jurisdictional and final approval authority for fire plans reviews and
GGFD managed inspection services for the anticipated Consolidated District, as well as the
Ochopee and Isles of Capri Fire Control and Rescue Districts and Collier Fire District One.
9. This Interlocal Plan Review Agreement contains the complete and entire
understanding of the Parties.
10. In accordance with § 163.01(11), Florida Statutes, this Interlocal Plan Review
Agreement shall be recorded by the Clerk of the Circuit Court in the Official records of Collier
County,Florida
11. This Interlocal Plan Review Agreement shall become effective upon its execution
by the GGFD and County and its filing with the Clerk of the Circuit Court.
12. The Agreement shall remain in effect until terminated by either the County or the
Fire District. The County or the Fire District may terminate this Agreement with or without
cause by providing written notice to all other parties within this Agreement. Such termination
shall be effective forty-five(45)days from receipt of such termination notice.
IN WITNESS WHEREOF, the Parties hereto have caused this Interlocal Plan Review
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, FLORIDA, And As the
Governing Body of the Ochopee and Isles of
Capri Fire Districts
By: By:
• ,Deputy Clerk TOM HENNING,Chairman
Approved as to form and legality:
5P'
Jeffrey A.Klatzkow
County Attorney
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,A-
Golden Gate Fire Control and Rescue District
fi By:
� p
ess '`� Printed Name:
Title: i
Wi ess
n
4
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MEMORANDUM OF UNDERSTANDING
PLAN REVIEW AND INSPECTION
THIS MEMORANDUM OF UNDERSTANDING (hereinafter referred to as the
"MOU") is made and entered into thisZS1-1-1 of\— - k, 2014, by and between Golden Gate
Fire Control and Rescue District (hereinafter referred to as "GGFD") 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 North Naples Fire Control and Rescue District, GGFD, 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 County and NNFD entered into an MOU dated January 28, 2014, a copy
of which is attached as Exhibit "C," wherein NNFD will resume reviewing all building permit
plans located in NNFD; and terminate the East Naples Fire Control and Rescue District as the
Administrative District for such reviews; and
WHEREAS, GGFD and ENFD are in the process of consolidating into a single Fire
Control and Rescue District("Consolidated District");and
WHEREAS, GGFD has decided to consolidate fire plans review under Collier County for
compliance with the Fire Code, and the County has agreed to assume responsibility for this
administrative function; and
WHEREAS, the County shall agree to hire a number of Fire Code Officials Office
employees for the purpose of maintaining a compliant, effective and dedicated fire plans review
process under the County; and
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WHEREAS,the GGFD Fire Chief will retain his Authority Having Jurisdiction(AHJ) as
provided under Florida Statute 633 for both ENFD and GGFD; and
WHEREAS, the East Naples — Golden Gate Fire Marshal, through the authority of the
Fire Chief shall be appointed as the Collier County Fire Marshal, having jurisdictional and final
approval authority for all fire plan review and inspection services within the ENFD and Golden
Gate Fire Districts and the areas agreed upon by Collier County and ENFD, or its subsequent
entity resulting from a future merger between the East Naples and Golden Gate Fire Control and
Rescue Districts; and
WHEREAS, GGFD and the County agree for the ENFD-GGFD Fire Chief and Fire
Marshal to act as the jurisdictional and final approval authority for fire plan review and
inspection services for the Consolidated District, as well as the Ochopee and Isles of Capri Fire
Control and Rescue Districts; and
WHEREAS, the Parties recognize that the above referenced Interlocal Agreements will
need to be substantially amended; and
WHEREAS, the Parties agree that in order to ensure that there are no impacts to the
community, an orderly transition of the Fire Plan Review services between GGFD and the
County is needed; and
WHEREAS, the Parties agree that due to the amount of time it may take to amend the
Interlocal Agreements and the subsequent transition period, it is appropriate to enter into this
MOU to describe the general concepts of a future interlocal agreement between the GGFD and
County that provides for the County reviewing of all building permit plans located within its
boundaries.
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 County will assume responsibility for Fire Plan Review of all building
construction plans and specifications of all new construction and construction projects. GGFD
shall continue to be responsible for performing inspections and any necessary re-inspections of
new construction and construction projects for which building permits have been issued.
3. It is the parties' intent to replace the above-referenced Interlocal Agreements with
a new Interlocal Agreement. Until such time, the parties will work cooperatively under the
general guidelines of this MOU. This MOU may be terminated by either Party upon written
notice to the other.
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed by
their appropriate officials, as of the date first above written.
Attest: . - BOARD OF CO TY COMMISSIONERS
DWIGHT;; BROCK, Clerk COLLIER CO TY, FL(RIDA
/
41- C5 c` Clerk e HEIR ,' hairn
r... ,..4 L, . 41L
" signature oi4.
Golden Gate Fire Con . and Rescue District
0 a
t.' Witness .-- Pr nted Name: ( t'1711d' 6 6 -4111:11"
Title: Cl f,/b PI.4A-'
n Witness
Apd as to fo and legality:
i . .- .1
Jeffrey A. Klatzkow
County Attorney
3
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... ._. _ _ .. .__ _ 118
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IT 7211 INTERLOCAL AGREEMENT cams 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 Warred 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,Immokaise Fire Control District,East Naples Fire 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 Intedocal 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
separably;and
WHEREAS,the COUNTY and the FIRE DISTRICTS an public agencies,within the meaning of the Florida •
Interlace)Cooperation Act and desire the joint exeraiee of pow which each might exercise separately for
the purpose of providing fire prevention within Cobb County;and
WHEREAS,Section 553.79(2),Florida Statutes,requires review and approval,by both the BUILDING
OFFICIAL and the appropriate fin 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 tines� ' •r. mutual promises,covenants,and
duties hereinafter set forth,the COUNT •�1*%- .' y covenant,agree,and bind
themselves as follows:
SECTION ONE:Purpose.
The purpose of this Agreement is . ., review and fire
_.40. _ � plan _of Mew FIREpDIS RICTS cent � ; I the FIRE IDI the bouSS l order to enhance service to tit- .
SECTION TWO:Definitions.
The following terms as used in trla . shall be ,
ADMINISTRATIVE DISTRICT-East 's • Control and ; ,1 •
ASSISTANT FIRE CODE OFFICIAL-An • 1 • by ttw ADMINISTRATIVE DISTRICT
and who serves in the absence of the FIRE CODE • pursuant to this agreement
AUTHORITY HAVING JURISDICTION-The Rev Chief or hfslher designee(Fire Marshal or FIRE SAFETY
INSPECTOR or FIRE CODE OFFICIAL)responsible for,and having final authority In hisfwr respective
jurisdiodon,In both new and existing construction Lion(§FS 633.121).
BOARD-The Collier County Building Board of Adjustments and Appeals as established in Division 5.4 of to
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 PermltNn6 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 Cooler County Fire Prevention Ordinance,Ordinance No.2002-49,the State Minimum
Fire Safety Standards and the State Fire Marshals Unit=Fire Standards set forth in Chapter 633,Florida
Statutes and any successor or amendment thereto during the ale of this Agreement.
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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,plant and specifications for
compliance with the applicable FIRE CODE;
2 The performance of statutory functions of the Fire Manhal 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 dally MRS 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 ADMPISTRATIVE DISTRICT or hislher 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,Sig Corkscrew bland,Immokalee,East Naples and the dependent
districts of Ochopee and Isle of Capri.
FIRE SAFETY INSPECTOR-The individual I out the functions identified by and referenced
in Chapter 553,Florida Statutes,Bul• • � r►
'� � � •'� • Chapter 633,Florida.Statutes,Fire
Prevention and Control.Such indhdd ��. led by t"^',•. of State Fire Marshal pursuant to§
633.05,Florida Salutes.The term . this Agreement ma�"r. • the FIRE CODE OFFICIAL,the
ASSISTANT FIRE CODE QF or a FIRE - PECTOR employed by one of the
FIRE DISTRICTS.
FIRE SERVICE STEERING «• : ^*1. ��'�, day of 1991
n NEW CONSTRUCTION OR CO = ��,+ T'*' 'f .`�!' r.
`.. ,erection,alteration,
repair or demolition of a building. QY
SECTION THREE:Admini District Duties.
In order to implement ttee duties and.. -... under this . the FIRE DISTRICTS
have entered DISTRICTS represent to COUNTY that lease }� � -TRICT is DISTRICT.authorized The FIRE
....►�.. � DISTRICT b auNtonized by these
interbred otherwise operate tote to t the FIRE personnel, and administer the payments,
IR DISTRICTS'duties under this
Agreement The COUNTY,based upon the FIRE DISTRICTS'repreaaieliors.agrees to recognize Ore
ADMINISTRATIVE DISTRICT as the FIRE DISTRICTS'agent for the implementation and administration of
this Agreement.
SECTION FOUR:Qualifications of FIRE CODE OFFICIAL and ASSISTANT Fpm 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 plans to 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.
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• 1113 •
• . ,
„---.
OR: 3208 PG: 0838
4.Experience In National Fire Protection Association codes and Model Code interpretation and
enforcement.
5.Certification as a Florida Municipal Fire Inspector
6.Managerial skills that an be demonstrated either by expsd,noe 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 Ire and Ile safety features.
8.All legally required licenses and osrtlNtsyons to hbl his or her duties as outlined in this
Agreement including.but not limited to,all Menses 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 qua/fit dons 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 Pion Review Procedure.
The FIRE CODE OFFCIAl.shell rsvlew the • • ... . . . plans and specifications of all new
construction and construction projects, ;,. . • M' w • , dwellings,for compliance with the FIRE
CODE. GO i�
1 The COUNTY shirk • • . • , , building permit
applications with plans ; , ••rue . •,. The RRE CODE OFFICIAL
shall review such ' "',' ►� i�,) the day the building•not bell part of the lire p- ' . . f �` - y' • dupkeh residential plans shall
2.The FIRE CODE plan , • be • • •.-., OFFICIAL white COUNTY
staff Is reviewing swam.;'. ' of the building • ".4 . ice. with the Buffing,Pig.
Mechanical,and Eleotdcal .'.`' and performing •, are performed by COUNTY
staff.
3.After completing M's review, , �, ,•;�::,::40,.....„: . - shag submit the reviewed plans
along with 8's common*is the••h • 1 review and to assure consistency with
the BUILDING CODES(Plumbing, , -T.• • and Eiectdcal Cods).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 i
respect to the FIRE CODE,the review of the plans by the FIRE CODE OFFICIAL
5.The FIRE DISTRICT shall,to the extent possible,within ten(10)working days after=slot of the
plans notify the FIRE CODE OFFICIAL of any objections or comments the FIRE DISTRICT may
have with regard to review and/or modlicatons of the plans.
SECTION SDI:Requked Mspsotisne and Fees.
The FIRE DISTRICTS ogres to perform the following inspections during construction al buildings and the
COUNTY agrees to pay the ADMINISTRATIVE DISTRICT at the rata provided in Collie County Resolution
No,2001.313,and any amended or suoc uor resolution.for the inspections.
(a) Fire stopping I Draft stopping
1.At time of Installation of penetrations through rated*sambas.
3
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(b) Temporary fund pap.
1.After thkd floor
2.Location
3.Inspection at each floor
4.Fin department mess
5.Operation
(c) IA Lghts
1.Location
2.Type..
3.Operation
(d) $mobs Drafter
1.Location
2.Type
3.Operation
(s) Meat Detesters
1.Location
2.Type
3.Operation
In z Doors
y� R CpU
3.Sell closures "o �1G
4.Panic hardware
5.Locks
8.Operation
�)
III Y
t,Type
2.Location
3.Operstion
m) Trash am r�O G
1.Location
2.Sprinklers In chute ttE CIRC
4.Sprinklers in trash room
5.Height at roof
(I) Emergency Generator Operation
U) Elevator Operation During Alarm
(k) Fins Department assess
1.Fire lens
2.Turning Radius
3.Obstructions
(I) Notice of ComplIsnoe inspection
(m) Stand Pipes
1.Fire hose cabinets
(ma)Location
(bb)Fire hose
I.Location
II.Type
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OR: 3208 PG: 0810
III.Length
k.Nozzle
2.Pressure Tat
3,Location
4.Location of FOC
5.Roof Manifold
(ass)Location
-(bb)Pressure
a. Operation
(n) Fire Pump
1.Type
2.Sire
3.Valves
4.Flow switches
5.Tamper switches
O.Location
7.Operation
(0) Floe Akins
1.Speaks,
(ass)Type
)Operation otiN,�R
2.Pull Stations G
(ea)Type
(bb)Location
(co)Operation p )(
3.Phone Jacks J
Type
(bb)Location
(co)Operation �'� �;
4.P.A.System �O ,SG
e.T�Station A?' CRC
7.Operation of alarm
(p) a babguleher
1.Sire
2.Loostion
3.Type
4.Swabs Tag
IaJ Any other fire Inspections required to verify FIRE CODE compnance.
The FIRE DISTRICTS agree to perform the following inspections and the COUNTY agrees to pay the
ADMINISTRATIVE DISTRICT at the rate provided in Confer County Resokutbn No.2001-313,and any
amended or successor resolution,for the inspections.
(a) Fire Sprinlder System Installations
The following inspections shall be perlamsd:
1.Pressure toot
2.Pressure tout alter 2 hours
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3.Loation of head
4.Type of heads
5.Pre department correction
6,Location of fire department connection
7.Gauges
Operation
9.Notice of compliance inspection
(b) Hood System Installation or Spray Booth Installation
The following a c or spray dry carbon dioxide or halon
1,MPhil
2.Heads-location
3.Site
4.Type
5.Suvl;e tag
0.Fan
7.Height
8.Cleaenoes
9.Operation
10.Notice of compliance inspection.
(o) Flammable Liquids and Gas T ;; COUA
The following inspections shal � 4
1.Location
2.Anchoring
3.Piping
4.Notion of oomptiance • air art 7
The following —
1.Thrust block inspection .f*A 0
2.Type �G
3.Height iron streamer port 41
4.Threads CIRCA
5.Location
6.Access
7.Notice c4 compliance inspection
(e) L P.Gas installations
The following inspections shall be pertormed:
1.Location
2.Anchoring
3.Piping
4.Notice of oompilanoe inspection
(0 Minimum Fire Inspection Fee.
azonaimunkft
The COUNTY shall pay the ADMINISTRATNE DISTRICT in accordance wah Collier County reirspec ion
Ise schedule found in Collier County Resolution 2001-313,and any attended or suooeeaon resolution,for
every properly documented re-inspection conducted by the FIRE DISTRICTS.
4.Carttiicate of accuoarncv.
No Catboat*of Occupancy shall be issued until a dslemnhrsllon is rendenod by the BUILDING OFFICIAL,or
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his/her designee,that the construction is In compliance with the Statewide BUILDING CODES(Plumbing.
Machenioai,Budding and Electrical Code)as adopted b the County,and a Notice of Fire Compliance.
issued.
ra,Collection end dDDif Disbursement a inspection Fees,
The DISTRICT,Including Y h t building review, and disbursement of tees to the ADMINISTRATIVE
DISTRICT, lees and fire nt.Nrapedlon Mee.based upon
provided by the FIRE CODE OFFICIAL and the FIRE DISTRICTS.Disbursement to the
ADMINISTRATIVE DISTRICT shall occur by the twentieth Roth)working day blaming the lest 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 Inepeouon for Existing 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) Fie EattitgtdahSIS
1,Type
2.Site
3.Location
4.Helghl
5.Service Tag. lt,R °UA
G O
'e-
ll)) Means of Egress
1.Fire Rating
2.Doors
Obstruction rumcy Liphdng / � ��
5.Travel U
5.Travel Distance Cm I I
(c) Verify existing Fire Sp have been • , .„. A 25.
(d) Fire Manes Stations ... • .' ����
2.Smoke Detector Locations .6 CM
3.Heat Detector Locations
sECTmON EIGHT:Position Funding.
The office of the FIRE CODE OFFICIAL shall be funded by the current funding operation.The current
bonding arrangement is specified in Collier County Resolution 2001 313 and any amended or successor
resolution.The Ike 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 utlibe
these funds to support the budget for the FIRE CODE OFFICIAL'S Office.
SECTION NNE:GeneraL
1.The FIRE CODE OFFICIAL shall represent V independent and dependent FIRE DISTRICTS M
Collier County,which are parties to this Agreement.
2.The COUNTY shall provide rental duos space within the Conwntshay Development and
Envlronme tat Sevloes building for the office of the FIRE CODE OFFICIAL to conduct his duties.
Said rental specs 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 address*the amount
of rent to be paid to Collier County for the FIRE CODE OFFICIAL'S Office and also addresses issues
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such w 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 buidng.
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 shell 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 conetruction.
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 Enloroement Board,State Attorney,or other agencies as
slowed by law.The FIRE DISTRICTS,or anyone of them,shall in coordination with County staff
prepare and present the case 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,4.14,,,:',,,, -�� :4 4:. • • Statutes and shall review
amendments thereto - ~•
8.The FIRE CODE OFFIC • of the ADMINISTRATIVE
DISTRICT and subject to request* A• INISTRATIVE DISTRICT and
EEF slMw ,if E...,
SECTIO N TEN:Conflicts and • • -- �
A
O
1. In the event of a conflict • _applicable minimum c CODE and the applicable minimum FIRE CODE,II sh � . the BUILDING OFFICIAL and the
FIRE CODE OFFICIAL In favor • ' tM�y, u. . ,which offers the greatest degree of
Ille safety or alternatives which would • • •T... •A , 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 shall render a temporary decision to resolve the
conflict.
3. An applicant fora buNding 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 shall 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 shall be resolved by a committee ittee of
members to be known as the Fire Board of Adjustments and Appeals.The persons on this
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• 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)vote 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 trough 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 Tamhml Trail East,Naples Florida 34112,with a copy to
Administrator,Community Development &Environmental Services Division,2800 North Horseshoe Drive,
Naples,Florida 34104.
Any notice required to be provided to any FIRE • - -• I be mailed to the Chief of the Fin District at
the fire station in which his office a Iona•.OIL R COU
SECTION TWELVE:Term and T } •
The Agreement shall remain in , elther «• • the ADMINISTRATIVE
DISTRICT.The COUNTY or the
J T this Agreement with or without n cause by providing written notice Ty N *!i. urination shall be effective
forty-five(45)days from receipt • ,If an independent or dependent Ftrict that is a party to •• • ,wishes to withdraw from this •
Agreement,It shall provide written of its withdrawal to . «• . the COUNTY shall have forty-
five(45)days to give notice of to ' the ADMINISTRATI.- 1 -ICf If the COUNTY wishes to
terminate this Agreement.If no such notice is • • • COUNTY,this Agreement shal be
deemed modified to exclude the wlhdra ..•,
C
SECTION THIRTEEN:Entire Agreement and ••C
•
wt of 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 Interface'Agreements.
Upon the effective'date of this Agreement,all prior Interlocal agreements between the COUNTY and the
FIRE DISTRICTS on the same subject shall be terminated.
SECTION FIFTEEN:Recording.
in accordance with jp 183.01(11),Florida Statutes.this Agreement shall be recorded by the Clerk of the
Circuit Court in the official records of Colter County,Florida.
SECTION SIXTEEN:Effective Date.
This Agreement shall become Meotve upon Its execution by the COUNTY and the FIRE DISTRICTS and its
fling In the Official Records of Collier County,Florida.
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,......., . , .
OR: 3208 PG: 0845
'IN WITNESS WHEREOF,this Agreement was signed.waled and witnessed on the respective dales set
tooth below.
:fit•Re.40 I1, BOARD OF COUNTY COMMISSIONER
ATTEST 4 .•••••••., O�',, COLLIER COUNTY, - ■-RDA
DWI014�' CNfk rrr •
\`' i, .
A t7 "V •r. _
_ . Ii-803
• ,� .,, ,..� ,• � sae:,4.O NORTH NAPLES FIRE CONTROL and
r PI ' -' RESCU • --
�1i�?/i6 / 44 l
V'� v' Ids �' •.' : ,.,,.G,
yR / &I le:
r
'lc GO ti Tt
AI, . / . .--_ GOLDEN - RE CONTROL and
W , -:•� ,
s, .... • . ......a.............
witness _ :1 NAtit's Atc. M 0
/// , .. ���i tE 4 c lr - r- ISLAND FIRE CONTROL
/ ir' ll'' 1,4 +1L' DISTRICT
41• -• /I► . .. • ._ By: • A .,1 /.
"+'fT rote* an
I ., '1./fq /a 3
4. %'J. IOKALEE t •• DISTRICT
Witness'!gip
i i_ '�
it f /a /# Ray: 41111_;`/,1
fw
03
10
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OR: 3208 PG: 0846 ^.
gg22._ I.1t-03 EAST NAPLES FIRE CONTROL and
RESCUE DISTRICT
Witness / - CNebm. '.�---
l.J
Does;
ATTEST: ..k`, BOARD OF COUNTY COMMISSIONERS
0 '�� COWER COUNTY,II, GOVERNING BOARD OF THE OCHOPEE FIRE
oti DISTRICT
*%sai� 1 attiti
k' ' pti , { t,; 8-03
A.*:" .`II = - , 7- COMMISSIONERS
►.t• ,= 0 1t•4" . -IDA AS THE fly1
,t if, C'1 4.41t.
`_ - ' OF THE ISLES OF CAPRI
• i•, • Se ,• l" •,1' -T,Ii, AND FIRE SERVICES
• i•• +' .;:� ;p tIss TAX 1 . 1--
41-E
prilkarelk
.1 DM: /-a.8-0 3
APPROVED AS TO FROM
AND LEGAL SUFFICIENCY:
1
Robert N.
�_
feAssistant County Attorney
n
11 ,"—■
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EXHIBIT B 1 6K8
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 Ochopee Firs District,hereinafter referred to as the'District'.
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 agendas involved herein might exercise
separately and;
WHEREAS,the EAST NAPLES FIRE DISTRICT and the District are public agencies within the meaning of
the Florida interlaced Cooperation Act of 1969 end 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,Immokales Fire Control and Rescue District,
East Naples Fire Control and Rescue District,Ochopee Fire Control District,and Isle of Capri Fire Control
District,have entered into an Interlocal Agreement with Collier County,dated:1.29.03 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 implementing 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 1-28-03 between
Collier County and the Fire Districts.
SECTION TWO:Definitions,
The following terms as used In this Agreement shall be defined as lollows:
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 Island,Immokalee,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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FIRE SAFETY INSPECTOR-The individual appointed to carry out the functions identified by and referenced
in Chapter 553,Florida Statutes,Building Construction Standairds,and Chapter 633,Florida Statutes,Fire
Prevention and Control.Such individual must be certified by the Division of State Fire 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 building 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 Fin Codes and related
ordinances.
4. Manage and over-see all employees and records of the Fin Code Off curs office on a daily
basis including lime 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 126 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 Officiars office:
1. To employ personnel upon review and approval of the Fire Service Steering Committee;
2. To lease offoe 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
Pac
andto implement policies and procedures tor the purpose of the operations and administration of
the Fire Code Official's Office.
SECTION FOUR:Inspections.
The District shall be responsible for perfomrlog 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 interims!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.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
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were paid for fire Inspections in the District.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.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 administrative 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 tees 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 Coster County and the Fire Districts,dated 1.2803.Funds received by the EAST NAPLES FIRE
DISTRICT from Collier County for the performance of the dudes of the Fire Code Official's office shall first be
allocated to the budget of the Fire Code Molars office. The EAST NAPLES FIRE DISTRICT shall create a
Fire Code Official's contingency account,in which it shall deposit the funds received from Cower County for
the performance of the Fie Code Official's duties which are In excess of those needed to fund the Fire Code
Official's Office current 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 Officlars 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 Official'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 Fire 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.Fuming shall be from revenue included in a line item on an annual basis in the Fire Code Official's
office budget.
SECTION SEVEN:Fie Code 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 Its method for
selecting its representative.The Committee shall create a job description for the Fire Code Official and
publicize that job description and the required quallfications tor the Fire Code Official,review all appications
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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•
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 Fire 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 end 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 ot 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 Flo Code Official and each Fin District may
submit one(1)evaluation to the EAST NAPLES FIRE DISTRICT.The evaluations of the Fire Code 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 Fin Code Official's office.
C.Disciplinary Action.
EAST NAPLES FIRE DISTRICT shall be responsible for all disciplinary procedures kwolrng 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 Mail 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.Any 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 shill be sent to the East Naples Fire Control and Rescue District.
Any notice required or made pursuant to this Agreement to the Diebiet shall be in writing and delivered by
hand or by the United States Postal Service,certified mall,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,Bulking F,Collier County Government Center,
3301 E.Tamiarnl 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§163.01 (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 Date.
This Agreement shall become effective upon Rs execution by the EAST NAPLES FIRE CONTROL and
RESCUE DISTRICT and the District and it's fNing 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
RESCUE DI
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
C'tRa FIRE DISTRICT
•Pig_ ' - By:
T Henning,Chairman
Att it ar b.f4.03
St9latlWtt'curly,
• V
Approved as to form and
legal sufficiency:
Robrt
Assistant County Attorney
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EXHIBIT C 1 1 B
MEMORANDUM OF UNDERSTANDING
PLAN REVIEW AND INSPECTION
THIS MEMORANDUM OF UNDERSTANDING (hereinafter referred to as the
"MOU") is made and entered into this-{l o2014, by and between North Naples
Fire Control and Rescue District (hereinafter referred 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 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 recognize that before NNFD can resume reviewing all building
permit plans located in NNFD, the Interlocal Agreements will need to be amended to terminate
the authority previously granted by NNFD to the East Naples Fire Control and Rescue District;
and
WHEREAS, the Parties agree that in order to ensure that there are no impacts to the
community, an orderly transition between East Naples Fire Control and Rescue District and
NNFD is needed;and
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WHEREAS, the Parties agree that due to the amount of time it may take to amend the
Interlocal Agreements and the subsequent transition period, it is appropriate to enter into this
MOU to describe the general concepts of a future interlocal agreement between the NNFD and
County that provides for the NNFD resuming its review of all building permit plans located
within its boundaries, thus allowing the 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 County will work with representatives of NNFD to allocate space within the
Growth Management Division Planning and Regulation building suitable to accommodate a
plans review team from NNFD. A lease shall be executed at the appropriate time that provides
for the leasing of such space,parking spaces and general lobby reception services at a reasonable
cost at the appropriate time.
3. An interlocal agreement between NNFD and the County shall include, at a
minimum,terms generally providing for the following:
a. 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. 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.
b. County will charge NNFD a reasonable cost for equipment, licenses, upgrades
and maintenance of the systems used by both parties within the building and portable electronic
devices. "Reasonable cost"will be defined in the interlocal agreement. The purchase,operation,
and maintenance of vehicles used by either party will not be included.
c. County will provide administrative services including but not limited to phone
system management,plan distribution,fee collection, and fee distribution services for a minimal
fee.
d. 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.
4. 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.
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,.....,
5. 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.
6. County and NNFD will develop the new system based on the outline and tentative
timetable as shown on attached Exhibit C.
7. This MOU may be terminated by either Party upon written notice to the other.
IN WITNESS WHEREOF, the Parties hereto have caused this MOU 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,FLO• 111 A
By: :014. C • B
B . .
' . `r Clerk -
., :t, * kP�3' TOM HENNING,Chairm-
North Naples Fire •ntrol and Rescue District
•i r I /i
if !�� BY: hi, "
Witness I Printed Pus e: TqA,as gu2/gE
difeitte Title: � A,,faThA.AJ
Nek.r fii r 1
Witness/
App,�� ,- • • 11 and legality:
Jeffre • Klatzkow
Count orney i m#
tenda 1^3gitt
a'at-t`i
WOiiii41 -'
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