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Agenda 03/25/2014 Item # 10A 3/25/2014 10.A. EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve two separate Memorandums of Understanding (MOU) with both the East Naples Fire Control and Rescue District (ENFD) and the Golden Gate Fire Control and Rescue District (GGFD) that will authorize Collier County to assume fire plans review duties on behalf of these two Independent Fire Districts. OBJECTIVE: To develop a fully integrated plan review platform under the Growth Management Division (GMD) that improves customer service, eliminates redundant plan reviews, combines administrative resources, and reduces fees. CONSIDERATIONS: In 2003, pursuant to two separate Interlocal Agreements with Collier County, the ENFD, GGFD, the Immokalee Fire Control and Rescue District, the Big Corkscrew Fire Control and Rescue District,the North Naples Fire Control and Rescue District(NNFD), the Ochopee Fire Control District, and the Isle of Capri Control District delineated responsibilities of fire plans review, with ENFD designated as the managing authority with oversight of all fire plans review staff. 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 services. In September 2013, Commissioner Henning and staff attended an ENFD meeting to offer a County sponsored plan review service. On January 28, 2014, the BCC approved an MOU with NNFD to assist the District in creating its own fire plans review system. As a result, ENFD re-evaluated its position as it relates to fire plans review processes for the East Naples Fire District. ENFD and GGFD are in the process of consolidating. On or about March 11, 2014, the ENFD and GGFD Boards separately voted to turn-over their individual portions of fire plans review to Collier County. The conditions of the County assuming fire plans review responsibilities for the ENFD and GGFD Fire Districts are set forth in the attached separate memorandums of understanding(MOU). The County agrees to having the ENFD-GGFD Fire Marshal act as the Authority Having Jurisdiction (AHJ), overseeing fire plans review for ENFD and GGFD as well as the dependent fire districts including Isle of Capri Fire, Ochopee and County Fire District One; however plans review staff will become civilian and will operate under the Growth Management Division. In the MOU with ENFD, the County also agrees to work with the ENFD Fire Chief to offer Fire Plan review staff from the existing Fire Code Official's Office the option to transfer to the County fire review section subject to: having the appropriate qualifications, acceptance of reasonable compensation, and availability of positions based on appropriate staffing levels necessary to complete fire plan reviews consistent with the County's existing performance measures. The appropriate staffing would be determined by Collier County. Fire Plans Reviewers would be cross trained for other plans reviews with the consent of the Fire Chief and Packet Page-109- 3/25/2014 10.A. only utilized in this capacity to maximize workload as necessary, but are dedicated to fire plans review. With NNFD leasing space from the County for fire plans review and the County assuming operational management of fire plans review for ENFD and the dependent fire districts, the new fire plans review system will maximize efficiency and reduce the time for reviews. Consolidation of fire plans review operations to GMD operations accomplishes the following: • Restores the one-stop-shop concept with all services at one location would greatly improve customer service and communication • Provides better coordination between the building officials and reviews and fire plans reviewers on projects • Puts both NNFD and County fire plans reviewers on same software and technology platforms for improved communication • Eliminates redundant reviews and allows County to delegate non-essential reviews for improved customer satisfaction and reduce fees collected The attached MOUs are nonbinding, and are intended to provide a framework for a future Interlocal Agreement. Much of this may depend upon the pending consolidation of ENFD and GGFD forming the Greater Naples Fire Control and Rescue District, which still requires Legislative approval, as well as an expected voter referendum on the merger in November 2014. FISCAL IMPACT: It will be fiscally neutral with fire plans review fees covering all costs including costs associated with implementing additional software licenses, establishing offices within the GMD and the cost of plans review staff. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: That the Board of County Commissioners approves two separate Memorandums of Understanding (MOU) with both the East Naples Fire Control and Rescue District (ENFD) and the Golden Gate Fire Control and Rescue District (GGFD) that will authorize Collier County to assume fire plans review duties on behalf of these two Independent Fire Districts. Prepared by: Commissioner Tom Henning, District 3 Attachments: Separate MOUs with ENNF and GGFD, ENFD March 11, 2014 Motion, ENFD GGFD Joint Board Discussion March 11, 2014 Packet Page-110- 3/25/2014 10.A. COLLIER COUNTY Board of County Commissioners Item Number: 10.10.A. Item Summary: Recommendation that the Board of County Commissioners approve two separate Memorandums of Understanding (MOU) with both the East Naples Fire Control and Rescue District (ENFD) and the Golden Gate Fire Control and Rescue District (GGFD)that will authorize Collier County to assume fire plans review duties on behalf of these two Independent Fire Districts. (Commissioner Henning) Meeting Date: 3/25/2014 Prepared By Name: SmithCamden Title: Executive Coordinator to Commissioner, 3/18/2014 11:18:00 AM Submitted by Title: Executive Coordinator to Commissioner, Name: SmithCamden 3/18/2014 11:18:02 AM Approved By Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 3/19/2014 2:52:10 PM Name: KlatzkowJeff Title: County Attorney, Date: 3/19/2014 3:50:48 PM Name: KlatzkowJeff Title: County Attorney, Date: 3/19/2014 4:16:12 PM Name: IsacksonMark Title: Director-Corp Financial and Mngrnt Svs, Office of Management&Budget Packet Page-111- 3/25/2014 10.A. Date: 3/19/2014 5:10:20 PM Name: BrockMaryJo Title: Executive Secretary to County Manager, County Managers Office Date: 3/19/2014 5:18:46 PM Packet Page-112- 3/25/2014 10.A. MEMORANDUM OF UNDERSTANDING PLAN REVIEW AND INSPECTION THIS MEMORANDUM OF UNDERSTANDING (hereinafter referred to as the "MOU") is made and entered into this of , 2014, by and between East Naples Fires Control and Rescue District (hereinafter referred to as "ENFD") 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 (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 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 to terminate the East Naples Fire Control and Rescue District as the Administrative District for such reviews; and 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 ("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 County has agreed to assume responsibility for this administrative function; and Packet Page-113- 3/25/2014 10.A. 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 WHEREAS, the ENFD Fire Chief will retain his authority having jurisdiction (AHJ) as provided under Florida Statute 633; 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 ENFD 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 ENFD and County that provides for the County reviewing of all building permit plans located within its boundaries. WITNESSET `1 : NOW, THEREFORE, the parties agree as follows: I. 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. ENFD shall continue to be responsible for performing inspections and ally necessary re-inspections of new construction and construction projects for which building permits have been issued. 3. County will work with the ENFD Fire Chief to offer Fire Plan Review staff from the existing Fire Code Official's Office the option to transfer to the County fire review section Packet Page-114- 3/25/2014 10.A. subject to: having the appropriate qualifications, acceptance of reasonable compensation, and availability of positions based on appropriate staffing levels necessary to complete fire plan reviews consistent with the County's existing performance measures. The appropriate staffing will be determined by Collier County. Fire plans reviewers will be cross trained for other plans reviews with the consent of the Fire Chief and only utilized in this capacity to maximize workload as necessary, but are dedicated to fire plans review. 4. It is the parties' intent to replace the above-reference 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. 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, FLORIDA By: By: , Deputy Clerk TOM HENNING, Chairman East Naples Fire Control and Rescue District By: Witness Printed Name: Title: Witness Approved as to form and legality: Jeffrey A. Klatzkow County Attorney 3 Packet Page -115- 3/25/2014 10.A. MEMORANDUM OF UNDERSTANDING PLAN REVIEW AND INSPECTION THIS MEMORANDUM OF UNDERSTANDING (hereinafter referred to as the "MOU") is made and entered into this of , 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 Packet Page-116- 3/25/2014 10.A. 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. 2 Packet Page-117- 3/25/2014 10.A. 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, FLORIDA By: By: , Deputy Clerk TOM HENNING, Chairman Golden Gate Fire Control and Rescue District By: Witness Printed Name: Title: Witness Approved as to form and legality: Jeffrey A. Klatzkow County Attorney 3 Packet Page-118- 3/25/2014 10.A. • _. . .__. •_. .... .... . .. .... 118 CUll TO Till SOLID IICOIDID Is the OtfICIAL ItICOID1 of COLLIII2 COUl?t. ft uc to iu.ul IITUOffICI ITI f1001 11/31/2007 at 12:4211 UNIT 1. 1IOCI, CLttl MIMIC 1.11 1� 1210 INTERLOCAL AGREEMENT COlIH 21.00 EXHIBIT A This Interiooal Agreement(*Agreement')Is made and entered into by and between Collier County,a political subdivision of the State of Florida,hereinafter referred to as the'COUNTY'end the North Naples Fire Control and Rescue District,Golden.Gate Fire Control and Rescue District,Big Corkscrew Island Fire Control and Rescue District,Immokalee Fire Control 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 Interlocai 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 oxen** separately;and WHEREAS,the COUNTY and the FIRE DISTRICTS are public agencies,within the meaning of the Florida • interlace!Cooperation Act and desire the joint exercise of power which each might exercise separately for the purpose of providing fire prevention within Collier County;and WHEREAS,Section 553.79(2).Florida Statutes,requires review and approval,by both the BUILDING OFFICIAL and the appropriate fire inspector,of plans and specifications for the construction,erection, alteration,repair or demolition of any building before a permit for such work may be issued. NOW,THEREFORE,in consideration of th .."2 mutual promises,covenants,and duties hereinafter set forth,the COUNT ., - . --, • ly covenant,agree,and bind • themselves as follows: . SECTION ONE:Purpose. The purpose of this Agreement is • •••vide for • '•us, igh • Dty • plan review and fire inspection process for new const •��iA! ,-�• of the FIRE DISTRICTS by del • 'M' �w,•*'• s res within the boundaries• • the FIRE DISTRICTS in order to enhance service to the•• `" � " it E.—, SECTION TWO:Definitions. The following lowing terms as used in this .��eat did be deli •- . . • . .L ADMINISTRATIVE DISTRICT_Eastt ,,r/Si'. Control and ; V inlet. ASSISTANT FIRE CODE OFFICIAL••An • '• *T 1 T ,.., • by the ADMINISTRATIVE DISTRICT and who serves In the absence of the FIRE CODE • pursuant to this agreement. AUTHORITY HAVING JURISDICTION-The Fire Chief or his/her designee(Fire Marshal or FIRE SAFETY INSPECTOR or FIRE CODE OFFICIAL)responsible for,and having final authority in hi /her respective Jurisdiction,In both new and existing construction(§FS 633.121). BOARD-The Collier County Building Board of Adjustments and Appeals as established in Division 5.4 of the 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 PermIthnir Director or his designee. COUNTY-The general-purpose government of Collier County,which is a political subdivision of the State of Florida. FIRE CODE-The Collier County Fire Prevention Ordinance,Ordinance No.2002-49,the State Minimum Fire Safety Standards and the Suite Fire Marshal's Uniform Fire Standards set forth In Chapter 633,Florida Statutes and any successor or amendment thereto during the life of this Agreement. 1 a Packet Page-119- 3/25/2014 10.A. • 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,plans and specifications for compliance with the applicable FIRE CODE; 2 The performance of statutory functions of the Fire Marshal and FIRE CODE OFFICIAL for fire plan review; 3. Providing Collier County with assistance in updating the FIRE CODES and related ordinances; 4. Managing and over-seeing all employees and records of the FIRE CODE OFFICIAL'S Office on a daily basis Including time sheets and expenditures; 5. Providing training as needed to office staff and fire district personnel; 6. Presenting a preliminary budget to the Fire Chief of each district,and a final budget to the Fire Chief of the ADMINISTRATIVE DISTRICT or his/her designee;and 7. Participating as a member of the Collier County Fire Marshals Association. FIRE DISTRICTS•The independent fire control and rescue districts operating within Collier.County, including North Naples,Golden Gate,Big Corkscrew Island,Immokalee,East Naples end the dependent districts of Ochopee and Isle of Capri. FIRE SAFETY INSPECTOR-The Individual �• «: out the functions identified by and referenced in Chapter 553,Florida Statutes,Build -• z7.!�a�1► Chapter 633,Florida.Statutes,Fire Prevention and Control.Such individ 'led by' •• of State Fire Marshal pursuant to§ 633.05,Florida Statutes.The term this Agreement ma . • the FIRE CODE OFFICIAL the ASSISTANT FIRE CODE OFFIC ,Fi • or a FIRE 'N IN PECTOR employed by one of the FIRE DISTRICTS. FIRE SERVICE STEERING • M re � 1 day of March 1991 ill NEW CONSTRUCTION OR CO �'!'^ ,ti bon,erection,alteration, repair or demolition of a building. C'` 'SECTION THREE:Administntio '4 District Duties. - GQ In order to implement their duties and•• +.• under this • ,the FIRE DISTRICTS have entered into separate interims!a > RATNE DISTRICT.The FIRE DISTRICTS represent to the COUNTY that f`"i� f`'Z''T DISTRICT is authorized by these interims'agreements to employ personnel,lease office space,receive payments,disburse hinds,and otherwise operate to represent the FIRE DISTRICTS and administer the FIRE DISTRICTS'duties under this Agreement The COUNTY,based upon the FIRE DISTRICTS'representations,agrees to recognize the ADMINISTRATIVE DISTRICT as the FIRE DISTRICTS'agent for the implementation and administration of this Agreement. SECTION FOUR:Qualifications of FIRE CODE OFFICIAL and ASSISTANT FIRE CODE OFFICIAL The FIRE DISTRICTS agree to provide to the County a FIRE CODE OFFICIAL and an ASSISTANT FIRE CODE OFFICIAL. The FIRE CODE OFFICIAL shall have the following qualifications: 1. A minimum of ten(10)years experience reviewing construction plans for FIRE CODE compliance.A combination of training and experience may be considered. 2. A Fire Protection Engineering Degree is preferred,but an otherwise qualified candidate with an Associates Degree M Fire Science or Administration,with a combination of additional training and experience is eligible for the position. 3.Fire Service experience including fire district operations and fire prevention is desired. 2 Packet Page-120- 3/25/2014 10.A. 116 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 can be demonstrated either by experience or training. 7.The ability to provide a precise,technical and timely examination of construction plans and Specifications for the purpose of dater ni/rng adequacy of fire and Ile safety features. 8.All legally required licenses and oertfications to fulfill his or her duties as outlined in this Agreement including.but not limited to,all licenses and,certifications that may be required by Section 553.79 and Chapter 633,Florida Statutes,as amended from time to time. The ASSISTANT FIRE CODE OFFICIAL.shall meet the minimum qualifications set forth in paragraphs 3-8 above. It shall be the responsibility of the ADMINISTRATIVE DISTRICT to ensure that the FIRE CODE OFFICIAL and ASSISTANT FIRE CODE OFFICIAL have and maintain the qualifications outlined in this section. SECTION FIVE:Fire Plan Review Procedure. The FIRE CODE OFFICIAL shall review the bu plans and specifications of all new construction and construction projects,e , "''7* 'y dwellings,for compliance with the FIRE CODE. GO ?.� 1.The COUNTY shall pro • . 1 .. ercial and t • building permit applications with plans • •• ., by the nt.The FIRE CODE OFFICIAL shall review such applies • • , . 11jIEOFFIClCOUNTY 10 • . . • • • the day the building Permit applbadon le - '^:'' .,t' staff Is reviewng aepara •.. of the bulking , `. • with the Building.Plumbing. Mechanical.and Electrical •S . and performing —11.4 are performed by COUNTY staff. 3.After completing it's review, , ••6 t•, . • - shall submit the reviewed along with it's comments to the •.• .a 24:401b, 1+'��' review and to assure consistency with the BUILDING CODES(Plumbing,Meehan-.I I, :rr'• • and Electrical Code).Any inconsistencies shall be resolved pursuant to Section Ten of this Agreement. 4.After the construction plans have been reviewed and approved by the COUNTY and FIRE CODE OFFICIAL,the FIRE CODE OFFICIAL shall deliver one(1)copy of the plans to the particular FIRE DISTRICT in which the construction is to occur.The FIRE DISTRICT hereby agrees to critique,with respect to the FIRE CODE,the review of the plans by the FIRE CODE OFFICIAL 5.The FIRE DISTRICT shall,to the extent possible,within ten(10)working days after receipt of the plans notify the FIRE CODE OFFICIAL of any objections or comments the FIRE DISTRICT may have with regard to review and/or modifications of the plans. SECTION SIX:Required Inspections and Fees. 1.kuoeotions During Construction of Bulidinos, The FIRE DISTRICTS agree to perform the following Inspections during construction of buildings and the COUNTY agrees to pay the ADMINISTRATIVE DISTRICT at the rate provided in Collier County Resolution No.2001.313,and any amended or successor resolution,for the Inspections. (a) Firs stopping/Draft stopping 1.At tins of Installation of penetrations through rated araembaes 3 ■ , Packet Page-121- 3/25/2014 10.A. 11B OR: 3208 PG: 0839 (b) Temporary stand Pipe 1.After third floor 2.Location 3.Inspection at each floor 4.Fire department access 5.Operation (c) `Exit Ug is 1.Location 2.Type- 3.Operation (d) Smoke Detector 1.Location 2.Type 3.Operation (e) Heat Detectors 1.Location 2.Type a Operation (n 1.Doors �.0,R Cot 2.Rating 3.Self closures 7C Q 4.Panic hardware 5.Locks 611111 6.Operation ( 1111111° 11.1 jr1111 1.Type 2.Location 3.Operation (h) Trash Chute rt.., GQ 1.Location �•,y 3.Rating Sprrinklers In chute " tf E CTRL°- 4.Sprinklers in trash room 5.Height at roof (i) emergency Generator Operation (p Elevator Operation During Alma (k) Firs Department mews 1.Fits lanes 2.Turning Radius 3.Obstructions (I) Nodal of Compliance inspection (m) Stand Pipes 1.Firs hats cabinets (aa)Location (bb)Fire hone I.Location IL Type 4 Packet Page-122- 3/25/2014 10.A. 11B OR: 3208 PG: 0840 M.Length Iv.Nozzle 2.Pressure Test 3,Location 4.Location of FDC 5.Root Manifold (ace)Location (bb)Pressure 6. Operation (n) Fire Pump 1.Type 2.Size 3.Valves 4.Flow switches 5.Tamper swkches 8.Location 7.Operation (0) Floe Alms 1.Speakers (as)Type l(joaclon \01Z COUk1� 2.Pull Stations (ea)Type (bb)Location (cc)Operation 1110 7 3.Phone Jacks (ace)Type (bb)Location (cc)Operation r'1:0 0 4.P.A.System G system 0. Tape/alum. C Station O n E M.C\ � 7.Operation of alarm (p) Fife Extinguisher 1.Size 2.Location 3.Type 4.Service Tag (q) Any other fire Inspections required to verify FIRE CODE compliance. 2.Construction Profact Inspections, The FIRE DISTRICTS agree to perform the following inspections and the COUNTY agrees to pay the ADMINISTRATIVE DISTRICT at the rate provided in Collier County Resolution No.2001-313,and any amended or successor resolution,for the inspections. (a) Rre Sprinkler System knstalations The following Inspections shall be performed: 1.Pressure teat 2.Pressure test after 2 hours 5 Packet Page-123- 3/25/2014 10.A. R OR: 3208 PG: 0841 3.Location of head 4.Type of heads 5.Fire department correction 6.Location of tin department connection 7.Gauges 8.Operation 9.Notice of compliance inspection (b) Hood System Installation or Spray Booth installation The following Inspections shall be conducted on kitchen hood systems or spray booths with dry chemical,carbon dioxide or halos systems: 1.Piping 2.Heads-location 3.Size 4.Type 5.Service tag 8.Fan 7.Height 8.Clearances 9.Operation 10.Notice of compliance inspection. (o) Flammable Liquids and Gas T ,� ,;'` COtiA The following Inspections anal . T)- 1.Location 2.Anchoring �:t Wb of oompUanoo C(d) Fin Hydrant Insta � . 0 V The following hspecti• :0 be performed: 1.' 1.Thrust block insp«dion 2.Type �� G m nsr 3.Height fro strwr port . . •. 4.Threads CIRC b.Location 6.Access 7.Notice of compliance Inspection (I) L.P.Gas installations The following inspections shall be perfonnet 1.Location 2.Anchoring 3.Piping 4.Notice of compliance inspection (I) Minimum Fire Inspection Fee. 3.Re-hsoeatlon lees. The COUNTY shall pay the ADMINISTRATIVE DISTRICT In accordance with Collier County re-inspection fee schedule found in Collier County Resolution 2001-313,and any amended or successor resolution,for every properly documented re-Inspection conducted by the FIRE DISTRICTS. 4.Certificate of Occupancy, No Certificate of Occupancy shall be issued until a determination is rendered by the BUILDING OFFICIAL,or 8 Packet Page-124- 3/25/2014 10.A. 1IB OR: 3208 PG: 0842 his/her designee,that the construction is in compliance with the Statewide BUILDING CODES(Plumbing, Mechanical,Building and Electrical Code)as adopted b tie County,and a Notice of Fin Compliances Issued. Collection and Disbursement of insoection Fees, The COUNTY shall be responsible for the collection and disbursement of fees to the ADMINISTRATIVE DISTRICT,Including building plan review,fin inspection Ices and fire re-inspection lees,based upon information provided by the FIRE CODE OFFICIAL and the FIRE DISTRICTS.Disbursement to the ADMINISTRATIVE DISTRICT shall occur by the twentieth(20th)working day following the last day of the calendar month in which the fees were collected.A copy of the COUNTY'S distribution listing by district shall be provided along with the check and the calculation sheet of the amount being remitted. SECTION SEVEN:Required Inspection for 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) Fin Extinguishers 1.Type 2.Site 3.Location 4.Height 5.Service Tag. COLT G (b) Means of Egress 1.Fin Rating 2.Doors 3.Emergency Lighting (..0 4.Obstruction U" 1) 5.Travel Distance 0 f` VIO �., (c) Fire Sprinkler 1.Verity existing Fire Spri tams have been 7 4'_•ri" PA 25. • (d) Fire Alarms Or;T \l� 1.Manual Pull Stations Location 2.Smoke Detector Locations E C 3.Haat Detector Locations SECTION EIGHT:Position Funding. The office of the FIRE CODE OFFICIAL shah be funded by the current funding operation.The current funding arrangement Is specified in Collier County Resolution 2001-313 and any amended or successor resolution.The fire plan review fees shall continue to be collected by the County and forwarded to the ADMINISTRATIVE DISTRICT in the appropriate amount.The ADMINISTRATIVE DISTRICT shall utilize these funds to support the budget for the FIRE CODE OFFICIAL'S Office. SECTION NINE:General. 1.The FIRE CODE OFFICIAL shall represent ad independent and dependent FIRE DISTRICTS in Collier County,which are parties to this Agreement. 2.The COUNTY shall provide rental office space within the Community Development and Environmental Services budding for the office of the FIRE CODE OFFICIAL to conduct his duties. Said rental space shall be provided in accordance with the Lease Agreement dated entered into between the County and the East Naples Fire Control and,Rescue District,which Lease Is attached hereto as Exhibit'A.'Said Lease Agreement addressee the amount of rent to be paid to Collier County for the FIRE CODE OFFICIAL'S Office and also addresses issues 7 Packet Page-125- 3/25/2014 10.A. 11B OR: 3208 PG: 0843 such as access to the COUNTY'S computer system,office equipment and telephone system to the FIRE CODE OFFICIAL'S OFFICE. 3.The FIRE CODE OFFICIAL'S office shall be open during the normal business hours of other offices in the Development Services building. 4.The FIRE DISTRICTS shall provide FIRE SAFETY INSPECTORS,in accordance with Chapter 633,Florida Statutes,to perform the required fire inspections listed in Section Six of this Agreement. The FIRE DISTRICTS need not provide certified FIRE SAFETY INSPECTORS to perform Inspections of existing structures pursuant to Section Seven of this Agreement,however,these inspections shall be performed by appropriately trained personnel of the FIRE DISTRICTS. 5.The COUNTY shall provide the necessary enforcement authority for the FIRE DISTRICTS to conduct plan review and inspections for new construction. 6.The FIRE DISTRICTS agree to continue to enforce the FIRE CODE on existing buildings and when violations are found the FIRE DISTRICTS,or anyone of them,shall pursue enforcement through the Collier County Code Enforcement Board,State Attorney,or other agencies as allowed by law.The FIRE DISTRICTS,or anyone of them,shall in coordination with County staff prepare and present the 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 -i „_.....,•‘ l i .* • ••�. • Statutes and shall review amendments thereto request • •.� DISTR ' t. B.The FIRE CODE OFFICI • - office staff shall • •yeas of the ADMINISTRATIVE DISTRICT and subject to • es • u a of , A* INISTRATIVE DISTRICT and policies and procedures •: •, .,C-.? • :o. 6 Fl IAL or ASSISTANT FIRE . - foe UNTY intended to stand in an employer-employee = - - . CODE OFFICIAL. _ lk 7.- SECTION TEN:Conflicts and 0 1. In the event of a conflict •_ applicable minimum_:;) 0 CODE and the applicable minimum FIRE CODE,N shall • '" ` ' by a � the BUILDING OFFICIAL and the FIRE CODE OFFICIAL In favor • �•`•r"��,'�� L. ��,trT',which offers the greatest degree of life safety or alternatives which would .. •'Tl.T.•r i t degree of life safety and an equivalent method of construction. 2. In the event that the BUILDING OFFICIAL and FIRE CODE OFFICIAL are unable to agree on a resolution of the conflict between the applicable minimum BUILDING CODE and the applicable minimum FIRE CODE,the BUILDING OFFICIAL shall render•temporary decision to resolve the conflict. 3. An applicant for a building 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 andfor 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 of members to be known as the Fire Board of Adjustments and Appeals.The persons on this a Packet Page-126- 3/25/2014 10.A. 11B OR: 3208 PG: 0844 committee shall be the Fire Marshals or Fire Official of each participating Fire District The Board shalt operate in accordance with the procedures attached as Exhibit"Er Each committee member shalt have one(1)vote and any decision shall be rendered by majority vote.Ail 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. Maior field modifications shall be directed through the FIRE CODE OFFICIAL'S Office by way of a revision process. SECTION ELEVEN:Notices. Any notice made pursuant to this Agreement by the COUNTY to the ADMINISTRATIVE DISTRICT shall be In writing and delivered by hand or by the United States Postal Service,certified malt,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 Distriot.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 mail,return receipt requested,postage prepaid,addressed to the following:County Administrator, Collier County Government Center,3304 Tamlami 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 Fire District at the fire station in which his office is loos • R CQU41 SECTION TWELVE;Term and T • The Agreement shall remain in e • t , .eit er «• or the ADMINISTRATIVE DISTRICT.The COUNTY or the (*gift'� this Agreement with or wahout cause by providing written notice o a , rmination shall be effective forty-five(45)days from receipt • P If an independent or dependent Fi trict that is a party to .g, : wishes to withdraw from this Agreement,It shall provide written of its withdrawal to , •• n1• nd the COUNTY shall have forty- five (45)days to give notice of term' , the ADMINISTRATI �-4 -ICT if the COUNTY wishes to terminate this Agreement.If no such ', -• notice is del COUNTY,this Agreement shall be deemed modified to exclude the withdra ' die •tin CIRr' SECTION THIRTEEN:Entire Agreement and t 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 interior-al Agrsemernts. 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 g 183.01(11).Florida Statutes,this Agreement shall be recorded by the Clerk of the Circuit Court in the official records of Collier County,Florida. SECTION SIXTEEN:Effective Date. This Agreement shall become effective upon its execution by the COUNTY and the FIRE DISTRICTS and its filing in the Official Records of Collier County,Florida. 9 i - Packet Page-127- 3/25/2014 10.A. 118 OR: 3208 PG: 0845 IN WITNEE*WHEREOF,this Agreement was signed,sealed and witnessed on the respective dates set forth below. . 4•Weft`'41, BOARD OF COUNTY COMMISSIONER ATTEST' Nv..••••• •.� OAit, COWER COUNTY,FL'-1DA DWICHO. Cliff ' Wit 7- _ "gar - Pi Vt. ut .y$'• Date: /-a.$-0.3 4 /,��,. NORTH NAPLES FIRE CONTROL and PI' RESCU ---t144(66-1" Star dm,'st.1 . • / a-f/.a: 0 R i 3/25/2014 10.A. 116 OR: 3208 PG: 0846 iiig&- I-!t,-03 EAST NAPLES FIRE CONTROL and Witness RESCUE DISTRICT (t)/digi igf,'..) ch.l„n.n Date: ATTEST: %, BOARD OF COUNTY COMMISSIONERS 0 `%,‘�� COWER COUNTY,FLORIDA AS THE•^��........ SFr GOVERNING BOARD OF THE OCHOPEE FiRE 4- .0. ., DISTRICT A• % • • ta7,-•„ f • 1 _ �'. R Cp �,1,1 �• 0�"� Otiti U4,�, 8-0 -., 1: !I''TZ :,a9d4044'��1,, --',� ,;� % OOMMISSIONERS . , � �::t� •• 4 44* _ " ORIDA AS THE • eb y n yam. =" 1 ;;,r OF THE ISLES OF CAPRI , 1 ;, L t'1 •'.4C `�, r` •1' IP , -:'-4 AND FIRE SERVICES L- i • •-�, ..- • TAX D: .. �. 'k •3113 s ,./.- I ..t Data:- /—�-$-0 3 APPROVED AS TO FROM ANO LEGAL SUFFICIENCY: �RoOert N. ery Assistant County Attorney n: 11 Packet Page-129- 3/25/2014 10.A. • . 118 EXHIBIT B 16K8 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 Collar County, Florida as the Governing Body of the Ochopss Firs District,hereinafter referred to as the'Districr. 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 EAST NAPLES FIRE DISTRICT and the District are public agencies within the meaning of the Florida interlocal Cooperation Act of 1969 and desire the joint exercise of power which each might exercise separately for the purpose of providing fire prevention within Collier County;and WHEREAS,the North Naples Fire Control and Rescue District,Golden Gate Fire Control and Rescue District,Big Corkscrew Island Fire Control and Rescue District,Immokaiee 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 Interlope!Agreement with Collier County,dated:1-28-03 for the purpose of delineating the responsibilities of Collier County and the Fire Districts with respect to fire plan reviews and fire inspections for new construction,construction projects,and existing structures;and WHEREAS,said interlocal Agreement between Collier County and the Fire Districts requires that separate agreements between each Fire District and the East Naples Fire Control and Rescue District be executed for the purpose of 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 follows: ASSISTANT FIRE CODE OFFICIAL-An individual who is employed the administrative DISTRICT and who serves in the absence of the Fire Code Official pursuant to this agreement. AUTHORITY HAVING JURISDICTION-The Fre 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,lmmokalee,East Naples,Ochoppee,and Isle of Capri. FIRE CODE-The Collier County Fire Prevention Ordinance,the State Minimum Fire Safety Standards and the State Fire Marshal's Uniform Fire Standard,and any successor or amendment to the Fire Prevention Ordinance or either set of Fire Standards during the life of this agreement. 1 Packet Page-130- 3/25/2014 10.A. 11B 16K8 - • FIRE SAFETY INSPECTOR-The individual appointed to carry out the functions identified by and referenced in Chapter 553,Florida Statutes,Building Construction Standards,and Chapter 633,Florida Statutes,Fire Prevention and Control.Such individual must be certified by the Division of State 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 buildng permit applications,plans and specifications for compliance with the applicable Fire Code and; 2 The performance of statutory functions of the Fire Marshal and Fire Code Official for fire plan review. 3. Providing Collier County with assistance In updating the Fire Codes and related ordinances. 4. Manage and over-see all employees and records of the Fire Code Official's office on a daily basis including time sheets and expenditures. 5. Provide trainng 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 12w'day of March 1991 NEW CONSTRUCTION OR CONSTRUCTION-These terms include any construction,erection,alteration, repair,or demolition of a building. SECTION THREE:Delegation of Powers. The District hereby authorizes the EAST NAPLES FIRE DISTRICT to exercise the following powers and duties on behalf of the District concerning the Fire Code Official's office: 1. To employ personnel upon review and approval of the Fire Service Steering Committee; 2. To lease office space; 3. To receive payments from Collier County; 4. To disburse funds; 5 To otherwise operate and represent the District with respect to review of building permit plans for compliance with the Fire Code;and 6 In conjunction with the Fire Service Steering Committee,establish and maintain a benefit package and to implement policies and procedures for the purpose of the operations and administration of the Fire Code Official's Office. SECTION FOUR:Inspections. The District shall be responsible for performing inspections and any necessary re-inspections of new construction and construction projects for which building permits have been issued.The District shall employ fire safety inspectors to perform all inspections on permitted construction projects.The fees for these inspections and re-Inspections shall be collected by Collier County and paid to the EAST NAPLES FIRE CONTROL and RESCUE DISTRICT,which shall distribute them in accordance with Section 5(A)of this Agreement. it is understood that pursuant to the Interlocai Agreement between Collier County and the Fire Districts dated 1-28-03.Fire Districts receive no payment from Collier County for their inspections of existing buildings within their districts. SECTION FIVE:Distribution of Funds. A.Inspections. The EAST NAPLES FIRE DISTRICT is hereby authorized to receive payment from Collier County of all fire inspection fees collected on behalf of the District,The EAST NAPLES FiRE DISTRICT shall determine what portion of the fire inspection fees received from Collier County Building Review and Permitting Department 2 Packet Page-131- 3/25/2014 10.A. 16K8 11B were paid for fire Inspections in the Distinct 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 fees from the Collier County Building Review and Permitting Department B.Firs Code Official's Office. The funding mechanism for the Fire Code Official's Office is described In the Interfocat Agreement between Collier County and the Are Districts,dated 1-28-03.Funds received by the EAST NAPLES FIRE DISTRICT from Collier County for the performance of the duties of the Fire Code Official's office shall first be allocated to the budget of the Fire Code Otficiars office. The EAST NAPLES FIRE DISTRICT shall create a Fire Code Official's contingency account,in which it shall deposit the funds received from Colter County for the performance of the Fire Code Official's duties which are in excess of those needed to fund the Fire Code Official's Office 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 Are 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 Officiars 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. D.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 Cads OtficW's Budget. A.Budget Not later than May 1 of each year,the Are 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 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.Funding shall be from revenue included in a line Item on an annual basis in the Fire Code Official's office budget. SECTION SEVEN: Firs 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 qualifications for the Fire Code Official,review all applications received for the position,conduct all testing of applicants and interview applicants.The committee shall recommend one(1)candidate for the position of Fire Code Official to the Chief of the EAST NAPLES FIRE DISTRICT by a vote of a majority of the members of the committee.The chief of the EAST NAPLES FIRE 3 Packet Page-132- 3/25/2014 10.A. 11B 16K8 • DISTRICT shall consider the recommendation of the committee.The Chief of the East Naples Fire District may veto the choice of a candidate from the committee,but may not appoint a candidate without the approval of the committee. SECTION EJGHT:Employment,Performance Evaluations,and Disciplinary Action for the Fin Code Official's Office Employees A.Employment. The Fire Code Official's office employees shall be considered employees of the EAST NAPLES FIRE DISTRICT and subject to the personnel policies and rules of that District and the policies and procedures developed for this office. B.Performance Evaluation. A performance evaluation of the Fire Code Official shall be conducted not less than annually.The evaluation shaft be conducted in accordance with the policies of the EAST NAPLES FIRE DISTRICT,and the evaluation shall be reported on the standard EAST NAPLES FIRE DISTRICT evaluation form.All Fire Districts are entitled to participate in the evaluation of the Fire Code Official and each Fire District may submit one(1)evaluation to the EAST NAPLES FIRE DISTRICT.The evaluations of the Fire Cods Official and related concerns of all Fire Districts shall be taken Into consideration by the EAST NAPLES FIRE DISTRICT during its evaluation of the Fire Code Official.The Fire Service Steering Committee may from time to time make recommendations to the administrative district regarding the Fire Code Official's office. C.Disciplinary Action. EAST NAPLES FIRE DISTRICT shall be responsible for all disciplinary procedures invoMng 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 parry.Either party may terminate this agreement with or without cause by providing written notice to the other party and to Caller County.Such termination shall be effective forty-five(45)days after receipt of said written notice.This agreement may be amended from time to time upon the agreement of both parties.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 shall be sent to the East Naples Fire Control and Rescue District. Any notice required or made pursuant to this Agreement to the District shall be In writing and delivered by hand or by the United States Postal Service,certified mail,return receipt.requested,postage paid,addressed to the following: Board of County Commissioners of Collier County,Florida u 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 mail,return receipt requested,postage prepaid, addressed to the following:County Manager,Building F,Collier County Government Center, 3301 E.Tamiarni Trail,Naples,Florida,34112. 4 Packet Page-133- 3/25/2014 10.A. 11B iK8 • SECTION ELEVEN:Entire Agreement. This Agreement contains the complete and entire understanding of the parties. SECTION TWELVE:Recording. In accordance with§183.01 (11),Florida Statutes,this Agreement shall be recorded by the Clerk of the Circuit Court In the Official's records of Collier County,Florida. SECTION THIRTEEN:Effective Date. This Agreement shall become effective upon Its execution by the EAST NAPLES FIRE CONTROL and RESCUE DISTRICT and the District and it's fling 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: « airman 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 'tr, . FIRE DISTRICT By: T Henning,Chairman Attest ar 1 . b.(4.03 $IQnIie'ally.,;:* 4 6i3 • Approved as to forth and legal sufficiency: Rot�rt h Assistant County Attorney 5 Packet Page-134- 3/25/2014 10.A. EXHIBIT C 11B MEMORANDUM OF UNDERSTANDING PLAN REVIEW AND INSPECTION THIS MEMORANDUM OF UNDERSTANDING (hereinafter referred to as the "MOU") is made and entered into this 2014, 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 Packet Page -135- 3/25/2014 10.A. 11B 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. 2 Packet Page -136- 3/25/2014 10.A. 1113 1 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• DA By: 044 4 C • B B . ' . 3'eputy Clerk TOM HENNING,Chairm si§Daturkonly North Naples Fire •ntrol and Rescue District //jail I� !_./�,,./ BY: h1 Witness / Printed N;i e: TAF,Ps sup i Title: ri-hq whim/ Witnes App. • and legality: 1rj� Jeffre ' Klatzkow � Coun orney Iwn# Dab,Reed a•ai-t.{ otQl 3 Packet Page-137- AGENDA 3/25/2014 10.A. EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT BOARD OF FIRE COMMISSIONERS MEETING March 11,2014 A. Fire Code Office Operational Modifications- Chief Schuldt Commissioner Page moved to approve directing the Fire Chief, with the assistance of an ENFD Commissioner to meet with Collier County staff to draft an MOU that will place all ENFD plan review responsibilities under the management of Collier County Growth Management.The MOU will be brought back to the ENFD board for approval and will (at a minimum) include the following provisions: 1.The East Naples-Golden Gate Fire Chief will retain the authority having jurisdiction as provided under Florida Statute 633. 2.The ENFD-GGFD Fire Marshal, through the authority of the Fire Chief shall be appointed jurisdictional authority and responsibility for all fire plan review and inspection services within the areas agreed upon in Collier County, by Collier County and ENFD (or subsequent entity resulting from a merger between the ENFD and GGFD). 3. Collier County shall agree to hire a number of existing Fire Code employees,yet to be determined,for the purpose of maintaining a compliant, effective and dedicated fire plans review process within the Collier County Growth Management Division. Commissioner Boyer seconded the motion. After a lengthy discussion on whether to include the geographical areas, it was decided to leave the motion as is. Commissioner Page stated that the MOU will be brought back to the Board for approval and at that time, any additions or deletions can be made. Motion passed 5-0. Packet Page-138- East Naples & Golden Gate Fire Control and Rescue Distric 3/25/2014 10.A. St N4,6 14575 Collier Blvd jQ Naples, FL 34119 JOINT BOARD OF FIRE COMMISSIONERS AGENDA MARCH 11,2014 C. Fire Code Office Operational Modifications ENFD Commissioner Page began by stating that he intended on bringing a motion to the ENFD BOFC on a plan for the Fire Code Official's office.The motion gives direction to the Fire Chief,with the assistance of an ENFD commissioner to meet with Collier County staff to draft an MOU that will place all ENFD plan review responsibilities under the management of Collier County Growth Management. The MOU will be brought back to the ENFD board for approval and will (at a minimum) include the following provisions: 1.The East Naples-Golden Gate Fire Chief will retain the authority having jurisdiction as provided under Florida Statute 633. 2.The ENFD-GGFD Fire Marshal,through the authority of the Fire Chief shall be appointed jurisdictional authority and responsibility for all fire plan review and inspection services within the areas agreed upon in Collier County, by Collier County and ENFD(or subsequent entity resulting from a merger between the ENFD and GGFD). 3. Collier County shall agree to hire a number of existing Fire Code employees,yet to be determined,for the purpose of maintaining a compliant, effective and dedicated fire plans review process within the Collier County Growth Management Division. Commissioner Page went on to say that with NNFD leaving Fire Code, Fire Code would eventually collapse and that is the reason for the motion and to try to retain as many FCO jobs as possible. GGFD Chairman Gerrity stated that he planned on bringing a similar motion to the GGFD Fire Commissioners at the GGFD BOFC meeting on March 12, 2014. Collier County Commissioner Henning spoke to both boards stating the County is ready to work with the Districts and does not think there are any objections to the motion. He would like to see cooperation and communication with ENFD and the Fire Marshal. Administrator Nick Casalanguida from Growth Management and Transportation will reach out to the existing Fire Code Plan Reviewers to see if they can be brought on board. However, if they cannot perform in their capacity,they will be treated like any other employee. ENFD Commissioner Boyer suggested that since Fire Code is getting into the Plan Review business again, would the County be interested in getting out of the fire service business, in regard to Everglades City; a possible trade, Fire Code for Everglades? Commissioner Henning responding clarifying that the referenced fire department is Ochopee and feels that this is two separate issues but if further direction is given from the Board then Commissioner Henning will do whatever he can in his capacity to make that happen.The County Manager is very supportive of this. He went on to say that there has never been cooperation between the fire districts and the County;this is a showing of good faith and this will be a new day; ENFD is in the business of fire and the County is in the business of permitting. ENFD Commissioner Cross stated that he would like to see, if possible,the addition of Packet Page-139- East Naples & Golden Gate Fire Control and Rescue Distric 3/25/2014 10.A. St NA,,� 14575 Collier Blvd Naples, FL 34119 a* FRESG JOINT BOARD OF FIRE COMMISSIONERS AGENDA MARCH 11, 2014 � R Ochopee and the possible management/annexation of Ochopee into this MOU or if not possible, have these MOU's move simultaneously. Commissioner Page stated that the areas included in the MOU would be brought back with the draft version and specifics did not need to be added at this time. Managing/annexing Ochopee needs further discussion;financials need to be looked at, etc. before moving ahead. GGFD Commissioners Stedman and Gerrity are in support of this. Packet Page-140-