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Agenda 06/09/2015 Item #16C4 6/9/2015 16.C.4. EXECUTIVE SUMMARY Recommendation to approve, and authorize the Chairman to execute, the attached inter-local agreement allowing the Collier County Water-Sewer District to assume ownership of the fire hydrants now owned and maintained by the Greater Naples Fire 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: Assume ownership and the ongoing responsibility for maintenance, repair, and replacement of the fire hydrants now owned and maintained by the Greater Naples Fire District (GNFD), excluding any fire hydrants behind master meters. CONSIDERATIONS: The Collier County Water-Sewer District (CCWSD) currently has varying responsibilities with regard to the fire hydrants within the CCWSD water service area depending 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. Florida Administrative Code 62.555 requires that all potable water purveyors flush all dead ends quarterly to ensure maintaining the appropriate levels of water quality in the identified fire hydrants. Ownership of the 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 ownership and maintenance responsibilities for hydrants within its service area. CCWSD staff held meetings with GNFD staff to discuss a solution to a long standing problem of identifying ownership of the fire hydrants, especially those fire hydrants located in the right-of-way. Another issue pointed out that the CCWSD was maintaining only certain fire hydrants in some neighborhoods within the GNFD. Both parties agreed a formal, inter-local agreement would provide a more cohesive program in determining ownership of the fire hydrant and,thereby, ensuring the compliant maintenance of such. Obtaining formal agreement with the GNFD is intended to deliver the following outcomes: • The conveyance of ownership to the CCWSD of all hydrants within the GNFD'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 GNFD 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 all new fire hydrants 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 GNFD 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 formal 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 the National Fire Protection Association: NFPA 24, Standard for the Installation of Private Fire Service Mains Packet Page -779- 6/9/2015 16.C.4. 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 Division to coordinate with its internal laboratory 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 GNFD with GIS updates to inform of hydrant location and service availability. The proposed GIS layer program will require the GNFD to obtain ERSI software necessary to access GIS. • Assumption of the blue centerline street reflector program. The CCWSD's Water Division 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 Division will continue that effort and will assume the GNFD'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 GNFD will pay the CCWSD start up costs for assuming the maintenance, repair and replacement of the identified fire hydrants in the amount of $200,000. We project recurring annual costs for labor and materials of approximately $165,000 to maintain the fire hydrants. Payment will be made within 30 days after execution of the Agreement. Following the execution of the Agreement, the GNFD shall transfer ownership of the identified fire hydrants to CCWSD by a Bill of Sale, which is approved as to form and legal sufficiency by the legal counsel for the GNFD and the CCWSD. The full cost to record the Bill of Sale shall be paid by the GNFD. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT GROWTH MANAGEMENT IMPACT: This action 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 the Governing Board of the Collier County Water-Sewer District, (1) approve and authorize the Chair to execute the attached inter-local agreement allowing the Collier County Water-Sewer District to assume ownership and the ongoing responsibility for maintenance, repair, and replacement of the fire hydrants now owned and maintained by the Greater Naples Fire District (excluding any fire hydrants behind master meters); (2) accept a Bill of Sale once it has been approved for form and legal sufficiency by the County's 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 GNFD). Prepared by: Steve Messner,Director, Water Division Attachments: 1 —Interlocal Agreement 2—Map of GNFD and ENFD merged Packet Page-780- 6/9/2015 16.C.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.C.16.C.4. Item Summary: Recommendation to approve, and authorize the Chairman to execute, the attached inter-local agreement allowing the Collier County Water-Sewer District to assume ownership of the fire hydrants now owned and maintained by the Greater Naples Fire 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: 6/9/2015 Prepared By Name: JacobsSusan Title: Operations Analyst,Public Utilities Department 5/14/2015 11:46:38 AM Submitted by Title: Division Director-Water, Public Utilities Department Name: Steve Messner 5/14/2015 11:46:39 AM Approved By Name: Steve Messner Title: Division Director-Water,Public Utilities Department Date: 5/14/2015 12:07:30 PM Name: Joseph Bellone Title: Division Director-Operations Support, Public Utilities Department Date: 5/14/2015 1:32:51 PM Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 5/14/2015 2:12:45 PM Name: YilmazGeorge Title: Department Head-Public Utilities,Public Utilities Department Packet Page-781- 6/9/2015 16.C.4. Date: 5/19/2015 9:36:51 AM Name: KlatzkowJeff Title: County Attorney, Date: 5/19/2015 11:08:29 AM Name: FinnEd Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 5/26/2015 12:10:54 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 5/26/2015 6:24:22 PM Packet Page-782- 6/9/2015 16.C.4. INTERLOCAL AGREEMENT FOR THE COLLIER COUNTY WATER-SEWER DISTRICT TO ASSUME OWNERSHIP AND MAINTENANCE OF FIRE HYDRANTS PREVIOUSLY MANAGED BY THE GREATER NAPLES FIRE RESCUE DISTRICT THAT ARE WITHIN THE BOUNDARIES OF THE COLLIER COUNTY WATER-SEWER DISTRICT SERVICE AREA. This AGREEMENT is made and entered into effective this day of 2015, by and between the Board of County Commissioners of Collier County, Florida, as ex-officio the Governing Board of the Collier County Water-Sewer District ("CCWSD"), and the Greater Naples Fire Rescue District("District"),collectively("Parties"). WHEREAS, 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 interlocal agreement between the Parties will serve to deliver the following outcomes: a) The conveyance of ownership to the CCWSD of all hydrants within the District's service boundaries(excluding any fire hydrants behind master meters). See Exhibit"A,"Map of District's Service Boundaries. This will align fire hydrant ownership to the appropriate water utility as is generally practiced throughout the nation. This agreement allows the CCWSD to assume ownership of all new fire hydrants as they are tied to the CCWSD Page l of 5 • Packet Page-783- 6/9/2015 16.C.4. potable water distribution system (excluding any fire hydrants constructed behind master meter). 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 One (1) below. Water used for firefighting will not be charged to the District; however,water used for training and other ancillary 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 account for system lost water. b) Allow the CCWSD to budget for a formal 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 the National Fire Protection Association: NFPA 24, Standard for the Installation of Private Fire Service Mains and their Appurtenances; and, NFPA 25, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems. c) 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 where the hydrants are located. Conveying ownership of the hydrants to the CCWSD will allow the Water Department to coordinate with its internal laboratory to ensure the maintenance program includes the required disinfection and testing procedures. d) 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 Page 2 of 5 Packet Page -784- 6/9/2015 16.C.4. hydrants in GIS as they are connected to the system. Additionally, the CCWSD will establish a program to provide the District with quarterly GIS updates of hydrant location and service availability. The proposed GIS layer program will require the District to obtain ERSI software necessary to access GIS. e) 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 Two Hundred Thousand($200,000)Dollars paid in full no later than 30 days from the date of the execution of this Agreement. (2) Following the District's payment of Two Hundred Thousand Dollars ($200,000), no future payments are due from the District and the future cost of the maintenance, repair and replacement of the identified fire hydrants will be included in the CCWSD general Water user rate structure and shall, in any event,be the sole responsibility of the 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. Page 3 of 5 Packet Page -785- 6/9/2015 16.C.4. (3) Following the execution of this Agreement, the District shall transfer ownership of the identified fire hydrants to CCWSD by Bill of Sale in a form that is approved as to form and legality by the legal counsel for the District and the CCWSD. IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated above. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E BROCK,CLERK OF COLLIER COUNTY,FLORIDA BY: BY: TIM NANCE, CHAIRMAN Approved as to form and legality: Scott R.Teach, Deputy County Attorney Str Page 4 of 5 Packet Page-786- 6/9/2015 16.C.4. GREATER NAPLES FIRE RESCUE DISTRICT WITJ1 SSES: O 'gi al Si afore O Print Name: n c= 'Taira 6-Icy Title: C' t-1 r Printed/Typed Name Lintail,114 &L1iL ( Original Signature Printed/Typed Name Page 5 of 5 Packet Page -787- 6/9/2015 16.0.4. 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