Agenda 09/29/2009 Item #16C 3
Agenda Item No. 16C3
September 29,2009
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners, ex officio of the Collier County
Water-Sewer District, approve and authorize the Chair to execute the attached inter-local
agreement with the North Naples Fire Control and Rescue District for the Collier County
Water-Sewer District to assume ownership of the fire hydrants now owned and maintained
by the North N:~ples Fire Control and Rescue District (excluding any fire hydrants behind
master meters), together with the ongoing responsibility for maintenance, repair, and
replacement; and, authorize the County to accept a Bill of Sale.
OBJECTIVE: That the Board of County Commissioners (Board), ex officio of the Collier
County Water-Sewer District (CCWSD), execute the attached inter-local agreement with the
North Naples Fire Control and Rescue District (NNFCRD) allowing the CCWSD to assume
ownership oflhe fire hydrants now owned and maintained by the NNFCRD (excluding any fire
hydrants behind master meters), together with the ongoing responsibility for maintenance, repair,
and replacement; and, authorize the County to accept a Bill of Sale.
CONSIDERAT][ONS: The CCWSD currently has varying responsibilities with regards to the
fire hydrants within the CCWSD water service area, dependent on the fire district in which the
fire hydrants are located. Common ownership of all fire hydrants by the CCWSD (excluding any
fire hydrants behind master meters), would provide a consistent maintenance, repair, and
replacement program to ensure consistent water availability within required flow tolerances to
each fire hydrant. Florida Administrative Code 62.555 requires that all potable water purveyors
flush all dead ends quarterly to ensure the appropriate levels of water quality be maintained in
the potable water distribution system. Assuming ownership and maintenance responsibilities for
the identified fire hydrants will ensure the CCWSD can achieve compliance with this required
activity. A review of other utilities both locally and throughout the United States demonstrates
that the water purveyor commonly maintains the ownership and maintenance responsibilities for
the hydrants within their service area.
Public Utilities s1:aff held meetings with the NNFCRD to discuss a solution to a long standing
problem of identifying ownership of the fire hydrants, especially those fire hydrants located in
the rights-of-way. Another issue was where the CCWSD was maintaining only certain fire
hydrants in some neighborhoods through non-formal agreements with the NNFCRD. Both
parties agreed a fOIDlal inter-local agreement would provide a more cohesive program in
detennining ownership of the fire hydrants and, thereby, ensuring the compliant maintenance of
such. Obtaining 1arInal agrecment with NNFCRD is intended to deliver the following outcomes:
. The conveyance of ownership to the CCWSD of all fire hydrants within the NNFCRD's
service boundaries (excluding any fire hydrants behind master meters) that are also in the
CCWSD service boundaries. This will align fire hydrant ownership to the appropriate
water utility as is generally practiced throughout the nation. Should the NNFCRD
consolida1:e with any other fire control and rescue district, ownership of all fire hydrants
(excluding any fire hydrants behind master meters) located within the service boundaries
of the consolidating district that are also in the CCWSD service boundaries will be
conveyed to the CCWSD. This agreement allows the CCWSD to assume ownership of
Agenda Item No. 16C3
September 29, 2009
Executive Summary Page 2 of 8
Ownership Regularization of Fire Hydrants
Page 2
all new fire hydrants constructed as they are tied to the CCWSD potable water
distribution system (excluding any fire hydrants constructed behind master meters). The
conveyance of ownership of the fire hydrants does not preclude the NNFCRD from full,
unrestricted access to the fire hydrants at no cost, fee or charge other than the initial
funding assistance described in the "Fiscal Impact" section below.
. Allow the CCWSD to budget for a fonnal maintenance program for the identified fire
hydrants and develop a maintenance, repair and replacement program. The maintenance,
repair and replacement program will adhere to Section 633.025, Florida Statutes, as it
refers to the Florida Fire Prevention Code and the Life Safety Code, and national codes
developed by/he National Fire Protection Association; NFPA 24, Standard for the
Installation 0 Private Fire_Service Mains and their Appurtenances; and, NFPA 25,
Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection
Systems.
. Control over contamination risks. Where fire districts own and maintain fire hydrants,
hydrant maintenance is done without the oversight of the CCWSD. The need for
bacteriological clearance of the hydrants prior to placing them back in service is difficult
to track given the large geographical area across which the hydrants are located.
Conveying ownership of the hydrants to the CCWSD will allow the Water Department
to coordinate with its intemallaboratory to ensure the maintenance program includes the
required disinfection and testing procedures.
. Identification of all existing fire hydrants in the CCWSD within the Geographic
Infonnation System (GIS) and the development of an ongoing process to include new
fire hydrants in GIS as they are connected to the system. Additionally, the CCWSD will
establish a program to provide the NNFCRD with GIS updates to infonn of hydrant
location and service availability. The proposed GIS layer program will require the
NNFCRD to obtain ERSI software necessary to access GIS.
. Assumption of the blue centerline street reflector program. The CCWSD's Water
Department installs blue curb markers to indicate the location of a valve some distance
off the roadway, with the distance marked on the curb marker. The Water Department
will continue that effort and will assume the NNFCRD's program of installation of the
blue centerline street reflectors indicating the location of fire hydrants.
FISCAL IMPACT: Based on the inter-local agreement, the NNFCRD will pay the CCWSD as
start up funding for CCWSD's assuming the maintenance, repair and replacement (including
CCWSD purchasing the required equipment, supplies and parts, etc.) of the identified fire
hydrants, the amount of a total of Two Hundred Thousand ($200,000.00) Dollars over a three (3)
year period, with payment due on the first day of the applicable fiscal year (October I). The
three yearly payments, in the amount of $66,667.00, are due to the CCWSD on the first day of
each fiscal year (October I) beginning in fiscal year 20 10 (fiscal year 2010 commences on
October I, 2009 and ends on September 30, 2010). Payment due dates are October I, 2009;
Page 2 of3
Agenda Item No. 16C3
September 29,2009
Executive Summary Page 3 of 8
Ownership Regularization of Fire Hydrants
Page 3
October 1, 2010; and, October 1, 2011. Following the execution of this Agreement, the
NNFCRD shall transfer ownership of the identified fire hydrants to CCWSD by Bill of Sale in a
fonn which is approved as to fonn and legal sufficiency by the legal counsel for the NNFCRD
and the CCWSD. The full cost to record the Bill of Sale shall be paid by the NNFCRD.
LEGAL CONSIDERATIONS: This item is sufficient for Board action. It is regular item
requiring a majority vote. A Bill of Sale will be jointly created by NNFCRD's attorney and the
County's attorney and will accomplish the conveyance of all fire hydrants that NNFCRD owns
within its district. -JBW
GROWTH MANAGEMENT IMPACT: This project is consistent with and furthers the goals,
objectives, and policies of the Collier County Growth Management Plan. This project meets
current Growth Management Plan standards to ensure the adequacy and availability of viable
public facilities.
RECOMMENDATIONS: That the Board of County Commissioners, ex officio of the Collier
County Water-Sewer District, (1) approve and authorize the Chair to execute the attached inter-
local agreement with the North Naples Fire Control and Rescue District for the Collier County
Water-Sewer District to assume ownership of the fire hydrants now owned and maintained by
the North Naples Fire Control and Rescue District (excluding any fire hydrants behind master
meters), together with the ongoing responsibility for maintenance, repair, and replacement; and,
(2) accept a Bill of Sale once it has been approved for fornl and legal sufficiency by the County
Attorney's Office; and, (3) authorize staff to record the Bill of Sale in the official land records of
Collier County (the cost to record the Bill of Sale shall be paid by the NNFCRD).
I
PREPARED BY: Margie Hapke, Operations Analyst, Public Utilities Division.
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Agenda Item No. 16C3
September 29, 2009
Page 4 of 8
INTERLOCAL AGREEMENT FOR THE COLLIER COUNTY WATER-SEWER
DISTRICT TO ASSUME OWNERSHIP AND MAINTENANCE OF THE FIRE
HYDRANTS PREVIOUSLY HANDLED BY THE NORTH NAPLES FIRE DISTRICT
THAT ARE WITHIN THE CONFINES OF THE COLLIER COUNTY WATER-SEWER
DISTRICT SERVICE AREA.
This AGREEMENT is made and entered into effective this day of ,
2009, by and between the Board of County Commissioners of Collier County, Florida, as ex-
officio governing board of the Collier County Water-Sewer District ("CCWSD"), and the North
Naples Fire Control and Rescue District ("District"), collectively ("Parties").
'VHEREAS, the CCWSD currently has varying responsibilities with regard to the fire
--
hydrants within its service boundaries, dependent on the fire district in which the hydrants are
located. Common ownership of all fire hydrants by the CCWSD (excluding any fire hydrants
behind master meters), would provide a consistent replacement, repair and maintenance program
to ensure consistent water availability within required flow tolerances to each fire hydrant; and,
WHEREAS, the Parties agree that the CCWSD should be the legal owner of the fire
hydrants within the CCWSD service boundaries (excluding any fire hydrants behind master
meters) that are located within the District's service boundaries, and that the CCWSD should
take responsibility for the replacement, repair and maintenance of those fire hydrants; and,
WHEREAS, this formal interlocal agreement between the Parties will serve to deliver
the following outcomes:
. The conveyance of ownership to the CCWSD of all fire hydrants within the District's
service boundaries (excluding any fire hydrants behind master meters) that are also in the
CCWSD service boundaries. This will align fire hydrant ownership to the appropriate
water utility as is generally practiced throughout the nation. Should the District
consolidate with any other fire control and rescue district, ownership of all fire hydrants
(excluding any fire hydrants behind master meters) located within the service boundaries
of the consolidating district that are also in the CCWSD service boundaries will be
conveyed to the CCWSD. This agreement allows the CCWSD to assume ownership of
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Agenda Item No. 16C3
September 29, 2009
Page 5 of 8
all new fire hydrants constructed as they are tied to the CCWSD potable water
distribution system (excluding any fire hydrants constructed behind master meters). The
conveyance of ownership of the fire hydrants does not preclude the District from full,
unrestricted access to the fire hydrants at no cost, fee or charge other than the initial
funding assistance described in paragraph (1) below. Water used for fire fighting will
not be charged to the District; however, water used for training and other ancilliary
purposes will continue to be a chargeable expense to the District. The District will
continue to practice water conservation efforts, including the reporting of water flushed
from the hydrants to facilitate the CCWSD's measures to accoWlt for system lost water.
. Allow the CCWSD to budget for a formal maintenance program for the identified fir~_
hydrants and develop a maintenance, repair and replacement program. The maintenance,
repair and replacement program will adhere to Section 633.025, Florida Statutes, as it
refers to the Florida Fire Prevention Code and the Life Safety Code, and national codes
developed by the National Fire Protection Association; NFP A 24, Standard for the
Installation of Private Fire Service Mains and their Appurtenances; and, NFP A 25,
Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection
Systems.
. Control over .contamination risks. Where fire districts own and maintain fire hydrants,
hydrant maintenance is done without the oversight of the CCWSD. The need for
bacteriological clearance of the hydrants prior to placing them back in service is difficult
to track given the large geographical area across which the hydrants are located.
Conveying ownership of the hydrants to the CCWSD will allow the Water Department
to coordinate with its intemallaboratory to ensure the maintenance program includes the
required disinfection and testing procedures.
. Identification of all existing fire hydrants in the CCWSD within the Geographic
Information System (GIS) and the development of an ongoing process to include new
fire hydrants in GIS as they are connected to the system. Additionally, the CCWSD will
establish a program to provide the District with GIS updates to inform of hydrant
location and service availability. The proposed GIS layer program will require the
District to obtain ERSI software necessary to access GIS.
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Agenda Item No. 16C3
September 29, 2009
Page 6 of 8
. Assumption of the blue centerline street reflector program. The CCWSD's Water
Department installs blue curb markers to indicate the location of a valve some distance
off the roadway, with the distance marked on the curb marker. The Water Department
will continue that effort and will assume the District's program of installation of the blue
centerline street reflectors indicating the location of fire hydrants.
NOW, THEREFORE, based upon the above recitals which are incorporated herein and
are hereby agreed to by the Parties, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties covenant and agree, as follows:
(1) The District will pay the CCWSD as start up funding for CCWSD's assuming the
maintenance, repair and replacement (including CCWSD purchasing the required equipment,
supplies and parts, etc.) of the identified fire hydrants, the amount of a total of Two Hundred
Thousand( $200,000.00) Dollars over a three (3) year period, with payment due on the first day
of the applicable fiscal year (October 1). The three yearly payments, in the amount of
$66,667.00, are due to the CCWSD on the first day of each fiscal year (October 1) beginning in
fiscal year 201 O( fiscal year 2010 commences on October 1, 2009 and ends on September 30,
2010). Payment due dates are October 1,2009; October 1,2010; and, October 1,2011.
(2) During the three year period described above, District shall have no responsibility for the
repair , maintenance or replacement of the identified fire hydrants ,other than providing the
initial funding assistance described in paragraph (1) above.
(3) Following the third payment on October 1, 2011, no future payments are due and the cost of
the maintenance, repair and replacement program of the identified fire hydrants will be rolled
into the CCWSD general water user rate structure and shall, in any event, be the sole
I
responsibility of CCWSD. The District shall thereupon have no further responsibility for
providing funding assistance for the above described fire hydrants, but shall continue to have
full access to the fire hydrants for District purposes at no cost, fee or charge.
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Agenda Item No. 16C3
September 29, 2009
Page 7 of 8
(4) Following the execution of this Agreement, District shall transfer ownership of the identified
fire hydrants to CCWSD by Bill of Sale in a form which is approved as to form and legal
sufficiency by the legal counsel for the District and the CCWSD.
IN WITNESS WHEREOF, the Parties have executed or have caused this Agreement
with any Exhibits attached, to be duly executed.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
BY: BY:
DONNA FIALA, CHAIRMAN
Approval as to form and legal
Sufficiency:
~13D~
[name] ::J~I\J tV \ Fl:rZ- B. Li:)~ \ T~
Assistant County Attorney
WITNESSES NORTH NAPLES FIRE CONTROL
AND RESCUE DISTRICT
A TTES
NAME:X~..r ~
~argaret Hanson, V -Chairman-
TITLE: Board of Fire COmmissioners
On bel1aIf of
DATE: North Naples Fire District
g -\O-oq
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
David M. Wolpin, Esq.
Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.
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Agenda Item No. 16C3
September 29, 2009
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16C3
Item Summary: Recommendation that the Board of County Commissioners, ex officio of the Collier County
Water-Sewer District, approve and authorize the Chair to execute the attached inter-local
agreement with the North Naples Fire Control and Rescue District for the Collier County
Water-Sewer District to assume ownership of the fire hydrants now owned and maintained by
the North Naples Fire Control and Rescue District (excluding any fire hydrants behind master
meters), together with the ongoing responsibility for maintenance, repair, and replacement;
and, authorize the County to accept a Bill of Sale.
Meeting Date: 9/29/20099:00:00 AM
Approved By
Pamela Libby Water Operations Manager Date
Public Utilities Water 9/151200910:04 AM
Approved By
Thomas Wides Operations Director Date
Public Utilities Public Utilities Operations 9/15/20094:30 PM
Approved By
Jennifer White Assistant County Attorney Date
County Attorney County Attorney Office 9/16/2009 11 :49 AM
Approved By
James W. Delony Public Utilities Administrator Date
Public Utilities Public Utilities Administration 9/17/20091:11 PM
Approved By
OMB Coordinator OMB Coordinator Date
County Manager's Office Office of Management & Budget 9/17120091:31 PM
Approved By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 9/17/20091 :57 PM
Approved By
Randy Greenwald ManagemenUBudget Analyst Date
County Manager's Office Office of Management & Budget 9/18/20098:58 AM
r
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County County Manager's Office
Commissioners 9/19/2009 8:57 AM
fiJe://C:\Agendatest\exoort\ 135-Seotember 29. 2009\ J 6. CONSENT AGENDA \ lor:. Pl mu... 9/21/2009