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Agenda 04/22/2014 Item #16H3 4/22/2014 16.H.3. EXECUTIVE SUMMARY Recommendation to approve an Interlocal Agreement and a Lease Agreement with the North Naples Fire Control and Rescue District (NNFD) addressing coordination between the County and the NNFD regarding Fire Plans Review and providing the District with work space for its Fire Plans Review staff in the Growth Management Division's offices. OBJECTIVE: To approve an Interlocal Agreement ("ILA") and Lease Agreement with North Naples Fire Control and Rescue District permitting the District's new Fire Plans Review Division to operate and work cooperatively with the county in the Growth Management Division's offices with the goal of improving the time to complete fire plans reviews, thereby allowing for the speedier issuance of permits and reducing redundant plans review, to the benefit of the public customers. CONSIDERATIONS: On June 11, 2013, Item 10E, the Board authorized Commissioner Tom Henning to represent the Board and work with staff in evaluating and potentially negotiating consolidated EMS services and County managed plan review and inspection services. Subsequently, staff attended fire district commissioner meetings and communicated with fire officials to discuss opportunities to consolidate the plan review and inspection service. In September, Commissioner Henning and staff attended an East Naples Fire Control and Rescue t District(ENFD)meeting to offer a county-sponsored plans review service. Concurrently, Commissioner Henning and staff met with NNFD to assist the District with its desire to consolidate fire plans reviews back under the North Naples Fire Chief and to leave the Fire Code Officials Office with further goals to reduce fees and speed up fire plans reviews to avoid development and project delays thereby bringing jobs faster to Collier County. On November 14, 2013,the NNFD Commissioners voted unanimously to direct Chief Orly Stolts to work with representatives from the Growth Management Division (GMD) to evaluate hiring its own fire plans reviewers, dissolving its agreement with the Fire Code Officials and to embed its fire plans review staff at GMD offices for maximum efficiency. NNFD embedding its fire plans reviewers and working with GMD will: • Restore the one-stop-shop concept; • Improve communication between fire plans, electrical, plumbing and building plans reviewers which has not previously occurred; • Allow for review of the fire plans review fees to potentially reduce them making them more economical; and • Eliminate redundant reviews and the delegation of non-essential reviews to improve customer satisfaction and reduce costs,which are passed on to customers Packet Page-1224- 4/22/2014 16.H.3. On January 9, 2014, the NNFD commission approved an MOU with the County to embed fire plans reviewers and to work on an ILA with the County following notice to the Fire Code Officials office of its plans to take back over its own reviews. Both entities recognize that efficient and cost contained services along with the elimination of non-essential or duplicative reviews are an essential part of providing an environment conducive to economic development. The NNFD Board unanimously approved the ILA and Lease with the County at its April 10, 2014 meeting and requested the County Attorney to review the ILA for any potential issues as it relates to the Fire Code Officials Office. The ILA includes an attached $50,000 Lease Agreement that will provide the NNFD with work space, including furniture, phones, office supplies, wifi capable laptops and software licenses and access to CityView (the planning platform used by GMD), for up to nine NNFD staff members. All fire plans reviewers at NNFD tracking work on the same software as Collier County will allow for concurrent and faster reviews and uniform communication. FISCAL IMPACT: $50,000 of revenue to GMD to cover the cost of Community Development Fund 113, as required by law, for office space, supplies, computers, maintenance of computers, phone lines and software licensing for CityView. Revenues and expenditures shall be reconciled after 12 months of operations to match actual cost. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT RECOMMENDATION: Recommendation that the Board of County Commissioners approve an Interlocal Agreement (ILA) and attached Lease Agreement with the North Naples Fire Control and Rescue District to occupy work space at the Growth Management Division offices and providing for the District's fire plans review staff to work cooperatively with GMD and to establish fire plans review benchmarks for customer service improvements. Prepared by: Commissioner Tom Henning Attachments: 1)ILA; 2)Lease Agreement;3)NNFD MOU;4)Exhibit A; 5)Exhibit B; 6) Exhibit C n Packet Page-1225- 4/22/2014 16.H.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.H.16.H.3. Item Summary: Recommendation to approve an Interlocal Agreement and a Lease Agreement with the North Naples Fire Control and Rescue District (NNFD) addressing coordination between the County and the NNFD regarding Fire Plans Review and providing the District with work space for its Fire Plans Review staff in the Growth Management Division's offices. (Commissioner Henning) Meeting Date: 4/22/2014 Prepared By Name: SmithCamden Title: Executive Coordinator to Commissioner, 4/1/2014 3:35:55 PM Approved By Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 4/15/2014 9:39:23 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 4/15/2014 10:12:48 AM Name:TeachScott Title: Deputy County Attorney, County Attorney Date: 4/15/2014 10:42:53 AM Name: KlatzkowJeff Title: County Attorney, Date: 4/15/2014 11:21:33 AM Name:KimbleSherry Title: Management/Budget Analyst, Senior, Office of Manag Date: 4/15/2014 11:52:59 AM Name: DurhamTim Packet Page-1226- 4/22/2014 16.H.3. Title: Executive Manager of Corp Business Ops, Date: 4/15/2014 12:15:41 PM Packet Page-1227- 4/22/2014 16.H.3. INTERLOCAL AGREEMENT CONCERNING FIRE PLANS REVIEW AND INSPECTION THIS INTERLOCAL AGREEMENT CONCERNING FIRE PLANS REVIEW AND INSPECTION (hereinafter referred to as the"Agreement")is made and entered into this of , 2014, by and between North Naples Fire Control and Rescue District (hereinafter referred to as "NNFD") and Collier County, Florida, a political subdivision of the State of Florida(hereinafter referred to as"County"), collectively referred to as the"Parties." RECITALS: WHEREAS, the NNFD, Golden Gate Fire Control and Rescue District, Big Corkscrew Fire Control and Rescue District, Immokalee Fire Control and Rescue District, East Naples Fire Control and Rescue District, Ochopee Fire Control District, and Isle of Capri Fire Control District(collectively referred to as the Fire Districts), have entered into an Interlocal Agreement with Collier County dated January 28,2003, for the purpose of delineating the responsibilities of Collier County and the Fire Districts with respect to plan reviews and fire inspections for new construction, construction projects,and existing structures,a copy of which is attached as Exhibit A; and WHEREAS, there is an Interlocal Agreement dated October 14, 2003, by and between the East Naples Fire Control and Rescue District and Collier County, as the governing body of the Ochopee Fire District and for the purpose of providing an expeditious, high-quality plan review and fire inspection process for new construction and construction projects, a copy of which is attached as Exhibit B, the Interlocal Agreements attached as Exhibits "A" and"B" are collectively referred to as the"Interlocal Agreements;"and WHEREAS, pursuant to the Interlocal Agreements, the East Naples Fire Control and Rescue District has acted as the Administrative District by reviewing all building permit plans filed with Collier County for compliance with the Fire Code;and WHEREAS, the Parties recognize that for the past ten (10) years East Naples Fire Control and Rescue District has done a valuable public service while acting in the role as the Administrative District;and WHEREAS, NNFD has determined that it is appropriate for it to resume reviewing all building permit plans located in NNFD and to terminate the East Naples Fire Control and Rescue District as the Administrative District for such reviews;and WHEREAS, the Parties agree that in order to ensure that there are no impacts to the community, an orderly transition between the Fast Naples Fire Control and Rescue District and NNFD is needed; and WHEREAS, the Parties agree it is appropriate to enter into this Agreement between the NNFD and County to provide for the conditions and manner in which NNFD will commence resuming its review of all building permit plans located within its boundaries,thus allowing the II Packet Page-1228- o 4/22/2014 16.H.3. Parties to proceed with the implementation of such resumption of duties by NNFD in a manner that is transparent to the Fire Districts and the public that they serve. WITNESSETH: NOW,THEREFORE,the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. The NNFD will conduct and manage all fire plans review for the NNFD and any areas now known or that may subsequently be incorporated into or with the NNFD through agreement, expansion or consolidation. 3: The County agrees to provide work space within the Growth Management Division Planning and Regulation building,2800 North Horseshoe Drive,Naples,Florida 34104, suitable to accommodate a five member NNFD plans review team as provided in the attached Lease Agreement. The termination of the Lease Agreement or failure to execute a lease agreement shall not affect the authority of the NNFD to conduct and manage all fire plans review as provided for in paragraph 1. 4. NNFD will use the same equipment and resources as County employees within the County's Building Code Office, including but not limited to phones, computers, computer software, and other physical systems, which will be provided by the County. The County shall provide the NNFD with availability or access to nine (9) CityView licenses for plans reviewers and inspectors that it will use for fire plans reviews and to utilize for reviewing and approving plans. NNFD and the County will collaborate on all future system upgrades, software purchases,and any improvements that affect the delivery of service to our mutual customers. 5. The cost for providing NNFD with equipment, licenses, upgrades and maintenance of the systems used by both parties within the County's Building Code Office and portable electronic devices is included in the annual rent set forth in the Lease Agreement. The purchase, operation, and maintenance of vehicles used by either party are expressly excluded from this Agreement. 6. County will collect all inspection fees remitted for NNFD fire plans review, along with the County's permit fees,to eliminate the need for customers to make separate payments to the County and to NNFD. 7. Each Party shall set its own inspection fees. The County will provide NNFD monthly fee collection reports and NNFD will review and approve fee collections monthly. The County will make adjustments upon written approval from NNFD following verification by the County.Distribution of fees to NNFD shall occur on a monthly basis. 8. County and NNFD will work with and fully communicate their intentions with the Fire Districts and customers so that the transition can be efficient and orderly. 2 Packet Page-1229- 4/22/2014 16.H.3. 9. County and NNFD will cooperatively review existing plan review and inspection functions and work collaboratively to eliminate non-essential,redundant,and duplicative reviews and inspections within the first twelve(12)months of this Agreement. The Parties will continue to cooperatively explore ways to improve service to customers throughout the duration of this Agreement. 10. The term of this Agreement is five (5) years, but it may be terminated by either Party upon thirty(30)days written notice to the other. IN WITNESS WHEREOF,the Parties hereto have caused this Agreement to be executed by their appropriate officials,as of the date first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,Clerk COLLIER COUNTY,FLORIDA By: By: ,Deputy Clerk TOM HENNING,Chairman North Naples Fire Control and Rescue District By: A .44,. ! Witness Prmted rm e: ,� mss B R-ke Title: -1 o l Y L Re Au R Witness Approved as to form and legality: Jeffrey A.Klatzkow County Attorney 3 Packet Page-1230- 4/22/2014 16.H.3. LEASE AGREEMENT THIS LEASE AGREEMENT entered into this day of , 2014, between the North Naples Fire Control and Rescue District,whose mailing address is 1885 Veterans Park Drive, Naples, Florida 34109, hereinafter referred to as "Lessee," and the Collier County, Florida, a political subdivision of the State of Florida, whose mailing address is 3299 East Tamiami Trail,Naples,Florida 34112,hereinafter referred to as "Lessor." WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the Parties, and in consideration of the covenants contained herein,the Parties hereby enter into this Lease on the following terms and conditions: 1. Conveyance. On the terms and conditions set forth in this Lease, and in consideration of Lessee's performance under this Lease, the Lessor conveys to the Lessee the present possessory interest in the Leased Premises described below. 2. Description of Leased Premises. The Leased Premises, which is the subject of this Lease, is work space located within the improved property located at the Growth Management Division offices located at 2800 North Horseshoe Drive,Naples,Florida 34104, as further depicted in Exhibit A, which is attached hereto and made a part hereof, hereinafter referred to as the "Premises." In addition to office space provided to Lessee, Lessor shall also provide Lessee with available shared conference room space. The Lessee shall have the right to use any of the office furniture, including but not limited to cubicle walls, desks, and chairs, and computer and telephone cabling located within the Premises as of the Commencement Date. Lessee may configure the existing office furniture and cabling, within the Premises, in any manner not inconsistent with the provisions of this lease. If any of the office furniture or computer and telephone cabling is damaged or can no longer be used by Lessee for any reason, Lessee will be responsible for providing replacement furniture or computer and telephone cabling for Lessee's use. As part of the Leased Premises, the Lessor shall also afford to the Lessee the computer software, licenses and upgrades required to use the Premises as provided in Section 4, below, and consistent with the Interlocal Agreement entered into between the Parties contemporaneously with the execution of this Lease Agreement. 3. Conditions to Conveyance. Lessee warrants and represents to Lessor that it has examined the title and boundaries of the Premises. Accordingly,this conveyance is subject to all of the following: conditions, restrictions, encumbrances and limitations now recorded a. Any and all con , against the Premises; b. Any and all existing or future zoning laws or ordinances; c. Any questions of title and survey that may arise in the future;and d. Lessee's satisfactory performance of all terms and conditions of this Lease. 4. Use of Premises. The premises are to be solely used in furtherance of Lessee's duties in conducting fire plans reviews and in conducting its related business with the general public. Lessor shall have the right to terminate this Lease should Lessee utilize the Premises in any manner inconsistent with the approved use. The Lessee may have access to the Premises twenty-four (24) hours per day, seven (7) days per week. However, Lessee may only conduct operations open to the public,within the Premises,between the hours of 8:00 a.m.and 5:00 p.m., Page 1 of 7 Packet Page-1231- 4/22/2014 16.H.3. Monday through Friday. The Lessee shall have the right of ingress and egress to, from and upon the Premises for all purposes necessary to the full quiet enjoyment by Lessee of the rights conveyed herein. 5. Permissible Alterations and Additions to Premises. Lessee may not make any alterations or additions to the Leased Premises without obtaining Lessor's prior written consent, which consent may be withheld in Lessor's sole discretion. Lessee shall submit to Lessor plans and specifications for all alterations and additions at the time Lessor's consent is sought. 6. Term of Lease. This is an annual lease which shall commence on the date first above written and terminate 365 day thereafter. The Lease will be automatically renewed on an annual basis under the same terms and conditions, unless either party desires to terminate this agreement in the manner set forth below. 7. Rent. Lessee hereby covenants and agrees to pay as rent for the Premises the annual sum of$50,000.00, which shall be due and payable by the first day of October of every year of this Lease. Rent due on October 1, 2014, shall be prorated based on the actual number of days that Lessee occupies the Premises during the initial rental period. 8. Gross Lease. This is a gross lease. Lessor shall be responsible for providing the following utilities to the Premises, at no additional cost to Lessee: electric, water, interne, phone service and sewer. The Lessor shall maintain in good repair the Premises exterior walls, roof, common areas, foundation, structural portions and the central portions of the Portion's mechanical, electrical, plumbing, heating, ventilating and air-conditioning systems, all in a manner consistent with similar government office space located in the Naples, Florida area, provided the need for any such repairs does not result from the action or inaction of the Lessee, its invitees, employees, or anyone under Lessee's direction or control. Lessor shall provide janitorial services and maintenance for the Premises and shall keep the Premises clean, well- maintained,and in good order and repair. 9. Liability. A. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, F.S.,as amended from time to time,or any other law providing limitations on claims. This provision shall survive the expiration or termination of this lease. B. Lessee shall, at its own cost and expense, repair all physical damage to the Premises caused by the Lessee, its invitees, employees, or anyone under Lessee's direction or control. In the event that any repairs or replacement costs are covered and paid for by Lessee's insurance, Lessee shall pay all deductibles and other sums not covered and paid for by such insurance policies. 10. Lessee's Liens and Mortgages. Lessee shall not in any way encumber the Premises, and shall promptly remove any and all liens placed against the Premises. All persons to whom these presents may come are put upon notice of the fact that the interest of the Lessor in the Premises shall not be subject to liens for improvements made by the Lessee and liens for improvements made by the Lessee are specifically prohibited from attaching to or becoming a lien on the interest of the Lessor in the Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10,Florida Statutes. Page 2 of 7 Packet Page-1232- 4/22/2014 16.H.3. 11. Casualty and Condemnation. If the Premises are destroyed, rendered substantially inhabitable,or damaged to any material extent,as reasonably determined by Lessee and Lessor, by fire or other casualty, then Lessee or Lessor may terminate this Lease by providing notice to the other party within ninety (90) days after the occurrence of such casualty. The termination will be effective on the ninetieth (90th) day after such fire or other casualty, unless extended by mutual written agreement of the Parties. During the period between the date of such casualty and the date of termination, Lessee will cease its operations as may be necessary or appropriate. 12. Lessor's Access to Premises. Lessor, its duly authorized agents, contractors, representatives and employees, shall have the right, to enter into and upon the Premises during normal business hours,or such other times with the consent of Lessee,to inspect the Premises or verify compliance with the terms of this Lease. 13. Termination and Surrender. Unless otherwise mutually agreed by the Parties, within thirty (30) days after termination of the lease term, Lessee shall redeliver possession of the Premises to Lessor in good condition and repair 14. Assignment. This Lease is personal to Lessee. Accordingly, Lessee may not assign this Lease or sublet any portion of the Premises without the express prior written consent of the Lessor, which consent may be withheld in Lessor's sole discretion. Any purported assignment or sublet without the express written consent of Lessor shall be considered void from its inception, and shall be grounds for the immediate termination of this Lease. Lessor may freely assign this Lease upon written notice to Lessee. Notwithstanding, if the Lessee is merged or consolidated with an independent special fire control and rescue district, this Lease shall automatically novate to the surviving independent special fire control and rescue district. 15. Insurance. a. Lessee shall provide and maintain a Commercial General Liability insurance policy, approved in writing by Lessor and the Collier County Risk Management Department,for not less than One Million and 00/100 Dollars ($1,000,000.00) combined single limits during the term of this Lease. b. In addition, Lessee shall provide and maintain Worker's Compensation Insurance covering all employees meeting the then existing Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand and 00/100 Dollars ($100,000.00) per each accident. If such amounts are less than good insurance industry practice would require,Lessor reserves the right to increase these insurance limits by providing Lessee with at least sixty(60) days' advance notice to do so. c. Lessor shall be named and continuously maintained as an additional insured on the Commercial General Liability insurance policy. Evidence of such insurance shall be provided to Lessor and the Collier County Risk Management Department, c/o Real Property Management, 3335 East Tamiami Trail, Suite 101, Florida, 34112, prior to the commencement of this Lease; and shall include a provision requiring not less than ten(10)days prior written notice to Lessor in the event of cancellation or changes in policy(ies) coverage. If such amounts are less than good insurance practice would require, Lessor reserves the right to reasonably amend their insurance requirements by issuance of notice in writing to Lessee,whereupon receipt of such notice Lessee Page 3 of 7 Packet Page-1233- a`� i 4/22/2014 16.H.3. shall have thirty(30)days in which to obtain such additional insurance. The issuer of any policy must have a Certificate of Authority to transact insurance business in the State of Florida and must be rated "A" or better in the most current edition of Best's Insurance Reports. Each insurer must be responsible and reputable and must have financial capacity consistent with the risks covered. Each policy must contain an endorsement to the effect that the issuer waives any claim or right of subrogation to recover against Lessor,its employees,representatives and agents. d. Failure to continuously abide with all of these insurance provisions shall be deemed to be a material breach of this Lease and Lessor shall have the remedies set forth below. 16. Defaults and Remedies. a. Defaults by Lessee. The occurrence of any of the following events and the expiration of the applicable cure period set forth below without such event being cured or remedied will constitute a"Default by Lessee"to the greatest extent then allowed by law: i. Abandonment of Premises or discontinuation of Lessee's operation. ii. Lessee's material misrepresentation of any matter related to this Lease. iii. Lessee's failure to utilize the Premises for its approved use. b. Remedies of Lessor. i. In the event of the occurrence of any of the foregoing defaults,Lessor,in addition to any other rights and remedies it may have, shall have the immediate right to re-enter and remove all individuals, entities and/or property from the Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Lessee,all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. If Lessee does not cure the defaults in the time frames as set forth above, and Lessor has removed and stored property, Lessor shall not be required to store for more than thirty (30) days. After such time, such property shall be deemed abandoned and Lessor shall dispose of such property in any manner it so chooses and shall not be liable to Lessee for such disposal. ii. If Lessee fails to promptly pay,when due, any full installment of rent or any other sum payable to Lessor under this Lease, and if said sum remains unpaid for more than five (5) days past the due date, the Lessee shall pay Lessor a late payment charge equal to five percent (5%) of each such payment not paid promptly and in full when due. Any amounts not paid promptly when due shall also accrue compounded interest of two (2%)percent per month or the highest interest rate then allowed by Florida law, whichever is higher ("Default Rate"), which interest shall be promptly paid by Lessee to Lessor. iii. Lessor may sue for direct, actual damages arising out of such default of Lessee or apply for injunctive relief as may appear necessary or desirable to enforce the performance and observance of any obligation, agreement or covenant of Lessee under this Lease, or otherwise. Lessor shall be entitled to reasonable attorneys fees and costs incurred arising out of Lessee's default under this Lease. c. Default by Lessor. Lessor shall in no event be charged with default in the �—. performance of any of its obligations hereunder unless and until Lessor shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after written notice to Lessor by Lessee properly and in Page 4 of 7 .a� Packet Page-1234- , 4/22/2014 16.H.3. meaningful detail specifying wherein, in Lessee's judgment or opinion, Lessor has failed to perform any such obligation(s). d. Remedies of Lessee. Lessee's remedies for Lessor's default under this Lease shall be limited to injunctive relief as may appear necessary or desirable to enforce the performance and observance of any obligation, agreement or covenant of Lessor under this Lease. e. No Remedy Exclusive. No remedy herein conferred upon or reserved to either party is intended to be exclusive of any other available remedy or remedies, but each and every such remedy will be cumulative and in addition to every other remedy given under this Lease or hereafter existing under law or in equity. No delay or omission to exercise any right or power accruing upon any event of default will impair any such right or power nor be construed to be waived, but any such right and power maybe exercised from time to time and as often as may be deemed expedient. f. Non-Waiver. Every provision hereof imposing an obligation upon Lessee is a material inducement and consideration for the execution of this Lease by Lessee and Lessor. No waiver by Lessee or Lessor of any breach of any provision of this Lease will be deemed for any purpose to be a waiver of any breach of any other provision hereof or of any continuing or subsequent breach of the same provision, irrespective of the length of time that the respective breach may have continued. Miscellaneous Legal Matters 17. This Lease shall be construed by and controlled under the laws of the State of Florida. 18. This Lease contains the entire agreement of the parties with respect to the matters covered by this Lease and no other agreement, statement or promise made any party, or to any employee, officer or agent of any party, which is not contained in this Lease shall be binding or valid. Time is of the essence in the doing,performance and observation of each and every term, covenant and condition of this Lease by the parties. 19. In the event state or federal laws are enacted after the execution of this Lease, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Lease, then in such event this Lease shall be modified or revoked as is necessary to comply with such laws,in a manner which best reflects the intent of this Lease. 20. Except as otherwise provided herein,this Lease shall only be amended by mutual written consent of the parties hereto or by their successors in interest. Notices hereunder shall be given to the parties set forth below and shall be made by hand delivery, facsimile, overnight delivery or by regular mail. If given by regular mail, the notice shall be deemed to have been given within a required time if deposited in the U.S.Mail,postage prepaid,within the time limit. For the purpose of calculating time limits which run from the giving of a particular notice the time shall be calculated from actual receipt of the notice. Time shall run only on business days which,for purposes of this Lease shall be any day other than a Saturday, Sunday or legal public holiday. Notices shall be addressed as follows: Page 5 of 7 � — 1 Packet Page-1235- 4/22/2014 16.H.3. LESSOR: COLLIER COUNTY 3299 Tamiami Trail Naples,Florida 34112 LESSEE: NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT 1885 Veterans Park Drive Naples,Florida 34109 Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 20. Lessee is an independent contractor, and is not an agent or representative or employee of Lessor. During the term of this Lease,neither Lessee, nor anyone acting on behalf of Lessee, shall hold itself out as an employee, servant, representative or agent of Lessor. Neither party will have the right or authority to bind the other party without express written authorization of such other party to any obligation to any third party. No third party is intended by the parties to be a beneficiary of this Lease or to have any rights to enforce this Lease against either party hereto or otherwise. Nothing contained in this Lease will constitute the parties as partners or joint ventures for any purpose, it being the express intention of the parties that no such partnership or joint venture exists or will exist. Lessee acknowledges that Lessor is not providing any vacation time, sick pay, or other welfare or retirement benefits normally associated with an employee-employer relationship and that Lessor excludes Lessee and its employees from participation in all health and welfare benefit plans including vacation, sick leave, severance, life, accident, health and disability insurance, deferred compensation, retirement and grievance rights or privileges. 21. Neither party to this Lease will be liable for any delay in the performance of any obligation under this Lease or of any inability to perform an obligation under this Lease if and to the extent that such delay in performance or inability to perform is caused by an event or circumstance beyond the reasonable control of and without the fault or negligence of the party claiming Force Majeure. "Force Majeure" shall include an act of God, war (declared or undeclared), sabotage, riot, insurrection, civil unrest or disturbance, military or guerrilla action, economic sanction or embargo, civil strike, work stoppage, slow-down or lock-out, explosion, fire, earthquake, abnormal weather condition, hurricane, flood, lightning, wind, drought, and the binding order of any governmental authority. 22. Lessee will not transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the Premises, nor permit employees, representatives, agents, contractors, sub-contractors, sub-sub-contractors, material j men and/or suppliers to engage in such activities upon or about the Premises. 23. In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found Page 6 of 7 2� 1 Packet Page-1236- 4/22/2014 16.H.3. in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. 24. Lessee shall execute this Lease prior to it being submitted for approval by the Collier County Board of County Commissioners. This Lease may be recorded by the County in the Official Records of Collier County,Florida,within fourteen (14)days after the County enters into this Lease. IN WITNESS WHEREOF, the Lessee and Lessor have hereto executed this Lease the day and year first above written. AS TO THE LESSOR: ATTEST:. BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK;CLERK COLLIER COUNTY,FLORIDA By: • By: ,Deputy Clerk TOM HENNING, CHAIRMAN Approved as to form and legality: Jeffrey A.Klatzkow County Attorney AS TO LESSEE: NORTH NAPLES FIRE CONTROL AND RESCUE S STRIC By: s = e WITNESS(signature) 4-/o-/Y Print Name and Title LA' ee,;ee,eZ (print am ) t i WITNESS(signature) '+ (print name) Page 7 of 7 15 Packet Page-1237- 4/22/2014 16.H.3. 11B MEMORANDUM OF UNDERSTANDING PLAN REVIEW AND INSPECTION THIS MEMORANDUM OF UNDERSTANDING (hereinafter referred to as the "MOU") is made and entered into this.. {,iof 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-1238- 4/22/2014 16.H.3. 118 WHEREAS, the Parties agree that due to the amount of time it may take to amend the n 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-1239- 4/22/2014 16.H.3. • 11B CUD!to rn Dell WOOD to the OIDICIlit 110111! of CO11I11 COMMI, It lie ni m.ss BMW/1M Ifl 11001 111!1/2017 at 12:1218 DIIMI I. MCI. CUM mom co D�12" INTERLOCAL AGREEMENT corns) II.I1 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'and the North Naples Fin Control and Rescue District,Golden as*Fire.Control and Rescue District,Big Corkscrew island Fire Control and Rescue District,knmokalee Fire Control District,East Naples Fire Control and Rescue District, Ochopee Fire District,Isles of Capri Municipal Rescue and Fire Services Taxing District,hereinafter collectively referred to as the'FIRE DISTRICTS.' WHEREAS,the Florida Interlocal Cooperation Act of 1989,§183.01,Florida Statutes,authorizes the joint exercise of any power,privilege or authority which the public agencies involved herein might exercise separately:and WHEREAS,the COUNTY and the FIRE DISTRICTS are public agencies,within the meaning of the Florida interlocai 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 fin inspector,of plans and speci!cations 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 thy�,, !n• .1; • mutual promises,covenants,and duties hereinafter set forth,the COUNT ' 7•7'' •• — • themselves as follows: y .agree,and bind SECTION ONE:Purpose. The purpose of this Agreement Is • •, . . lily plan review and fire inspection process for new coral �!� � VIZ; ��,� ' res within the boundaries of the FIRE DISTRICTS by . r '� the FIRE DISTRICTS In order to enhance service to the- ' • 1 SECTION TWO:DefInitons. —' The folowlng terms as used lo thk • shall Its . : ` • L ADMINISTRATIVE DISTRICT•East Control and; ' ' Vic.• ASSISTANT FIRE CODE OFFICIAL.-An • *!L, ,,t 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 Nether respective Jurisdiction,In both new and existing construction(§FS 633.121). BOARD-The Collier County Budding 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 Caller County Ordinance No.2002.01. BUILDING OFFICIAL•The Collier County Bulking Review and Permitting 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 State Fire Marshal's Uniform Fire Standards set forth in Chapter 633.Florida Statures and any successor or amendment thereto during the tie of this Agreement. 1 'I Packet Page-1240- 4/22/2014 16.H.3. 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 Mantels Association. FIRE DISTRICTS•The independent fire control and rescue districts including North N operating within Collier.County, inncludin of Ooh Naples, i Cape,,Big Corkscrew b� �•East Naples and the dependent FIRE SAFETY in Chapter 553!Florida Statutes, individual''h 1'1, -N `r!*out the by Freferenced Prevention and Control.Such • • -47. �-Yr led by '+��� of Sits Fire Marshal pursuant to§ 633.05,Florida Statutes.The term 'this Agreement ma • the FIRE CODE OFFICIAL,the ASSISTANT FIRE CODE OFF wmi. • or a FIRE - CTOR employed by one of the FIRE DISTRICTS. • FIRE SERVICE STEERING • '�! ��" '"^ day of March 1991 NEW CONSTRUCTION OR • �%` ,erection,alteration, repair or demolition of a building. Q; SECTION TREE:Admin • District Duties. In order to implement their duties and •• ^ under this the FIRE DISTRICTS have entered into separate bhriocal a :,4 t'%ATNE DISTRICT.The FIRE DISTRICTS represent to the COUNTY that •� r:�,,;• ;;• + DISTRICT is authorized by these and otherwise operate to to represent Me DISTRICTS and dadminister te�FIR payments, duties under this Agreement The COUNTY.based upon the FIRE DISTRICTS'representations,agrees to recognize the ADMINISTRATIVE DISTRICT as the FIRE DISTRI CTS'agent for the implementation and administration of this Agreement. SECTION FOUR:OualMoatfons 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 tai(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 in Fin Science or Administration,with a combination of additional trainng and experience is eligible for the position. 3.FIN Service experience including fin district operations and fin prevention is desired. 2 Packet Page-1241- 4/22/2014 16.H.3. 11B OR: 3208 ?G: 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 sidle that can be demonstrated either by experience or training. T.The ability to provide a precise.technical and timely examination of construction plans and Specifications for the purpose of determining adequacy of fire and Mee safety features. 8.All legally required licensee and oertlicabons b MN his or her duties as outlined in this Agreement including.but not limited to,all licenses and,certifications that may be required by Section 553.79 and Chapter 833,Florida Statutes,as amended from time to liens. The ASSISTANT FIRE CODE OFFICIAL shall meet the minimum qualifications set forth in paragraphs 34 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 Plus Plen Rsvtew Procedure. The FIRE CODE OFFICIAL shall review the • • . , .- plans and specltteations of ale new construction and conatnucMon prolate, • • ' , disk for CODE. ^� wan the FIRE 1.The COUNTY shall . smdal and building permit applications with plans • •• • by the The FIRE CODE OFFICIAL shah review such •• :j, t0 • . . day the building Permit application la - + IT+ d plans shall not be part of the fire p l/ x residential 2.The FIRE CODE plan 2,14 , , be - ..- ►E OFFICIAL while COUNTY staff Is `r! Mechanical,reviewing Elsotrcal'47,-/ and dpperf '••-1 4.._. ' ��p by COUNTY LI staff. 3.After completing We review, 0' :4,64.:�?t:=,lj�i�.�: • shall submR the reviewed plans along with Ws commove b the •I •.4.....441, 1 , • - review and to assure consistency with the BUILDING CODES(Plumbing,Meehan., , :7"• • 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 uar 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 shah.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 andlor modifications of the plans. SECTION SIX:Required Inspections and Fees. • The FIRE DISTRICTS agree to perform the Wowing 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 msoltution,for the Inspections. (a) Fire stopping/Draft stopping 1,At time of instaliatlon of penetrations through rated assembles 3 Packet Page-1242- 4/22/2014 16.H.3. 11B OR: 3208 PG: 0839 (b) Temporary Stand Pip, 1.After third floor 2.Location 3.Inspection at each floor 4.Fin department access 5.operation (c) Etdt Ldphb 1.Location 2.Type- 3.Operation (d) smoke Detector 1.Location 2.Type 3.Oporation (5) Heat Detesters 1.Location 2.Type 3.Operation (n 1Type \i'VV,R COUP 2.Rating 3.Sell closures Gay �� 4.Panic hardware 5.Locks 5.Operation 1 3.Opsrat on (h) Teach Chub �- Pjyr9F-,1.Location O 2..Sprink arm in chub 211E CIRG 4.Sprinklers in trash room 5.Height at roof (I) Emersenoy Generator Operation Q) Elevator Operation During Ahem (k) Pk,Deparpaett assess 1.Fire lam 2.Tknnnp Radius 3.Obstructions (I) Nodes of Compliance Inspesdon (m) Stand Pipes 1.fire hose cabinets (aa)Location (bb)Fire hose I.Location IL Type 4 Packet Page -1243- 4/22/2014 16.H.3. 11B OR: 3208 PG: 0840 NI.Length lv.Nozzle 2.Pressure Test 3.Location 4.Location of FDC 5.Roof Manifold (as)Locaton (bb)Pressure 5, Operation (n) Fire Pump 1.Type 2.Size 3.Valves 4.Flow switches 5.Tamper switches 5.Location 7.Operation (0) Fife Alarm 1.Speakers (aa)Type (bb)Location C 2.Pup Stations G (aa)Type (bb)Location {cc)mention 3.Phorw Jacb n 0 PV )T (co)operation •P o 4.P.A.8yetem 5.O.Ce l Station o�411 C e 7,Operation of alarn E CIR (p) Pie IIIxbbnguWnr 1.sire 2.Location a Type 4.Service Tag (4) Any other fire Inspections required to verify FIRE CODE compta ce. 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.2001413,and any amended or successor resolution,for the Inspections. (a) Ihre Sprintder System Installations The following inspections shall be pedoened: 1.Pressure test 2.Pressure test after 2 hours 5 Packet Page-1244- 4/22/2014 16.H.3. I OR: 3208 PG: 0841 3.Location of head 4.Type of heads 5.Fire department correction 6.Location of fin department connection 7.Gauges 5.operation 9.Notice of compliance inspection (b) Food System Installation or Spray Booth knte4tion The following Inspections shall be conducted on kitchen hood systems or spray booths with dry chemical,carbon dioxide or halon systems: 1.Piping 2.Heeds-location 3.Site 4.Type 5.Service tag 6.Fan 7.Height I Clearances 9.Operation 10.Notice of compliance inspection. (c) Flammable liquids and Gas T ;; CO U The following Inspections shot • �� 1.Location ,� 2. 9 3.PIpUq 4.Notice of compliance n n (d) Fire Hydrant V The foNowing GY 1.Thrust block inspection /P �1 O 2.Type ÷a �G 3.Wight horn strwner port • • 4.Threads • TIE CIRCt� 5.Location B.Access 7.Nolo of compliance Inspection (I) L P.Gas Installations The following Inspections shall be performs& 1.Location 2.Anchoring 3.Piping 4.Notice of oomplisnos inspection (1) Minimum Fin Inspection Fee. 3.lk_n__fo i. The COUNTY shall pay the ADMINISTRATIVE DISTRICT in accordance with Collier County winspedbn fee schedule found in Collier County Resolution 2001-313,and any amended or successor resolution.for every property documented conducted by the FIRE DISTRICTS. No CaANkWe of Occupancy shall be Issued until a detemoin&ion is rendered by the BUILDING OFFICIAL.,or Packet Page-1245- 4/22/2014 16.H.3. 118 OR: 3208 PG: 0842 his/her designee,that the construction is in compliance with the Statewide BUILDING CODES(Paanbing, Mechanical,Building and Electrical Code)as adopted b the County,and a Notice of Fire Compliances Issued. Collection and Disbursemental Insoection Fees, The COUNTY shell be responsible for the collection and disbursement of fees to the ADMINISTRATIVE DISTRICT,Inckuding building plan review,fire inspection lees and fire re-inspection fees,based upon intonation provided by the FIRE CODE OFFICIAL and the FIRE DISTRICTS.Disbursement lo the ADMINISTRATIVE DISTRICT shall occur by are twentieth(20th)woddng day following the last day of the calendar month In which the leas 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) Fire Extinguishers 1,Type 2.Site 3.Location 4.Hecht 5.ServIce Tag. \AOR COth GP Y(b) Means of Egress 1.Fire Rating 2.Doors 3.Emergency Ughting /'\ 4.Obstruction 5.Travel Distance n i. Y r"'• (c) Flue Sprinkler 1.Verily existing Fire Sp toms have been—�'... A 25. (d) Manual Pull Stations Location ' G��� 2.Smoke Detector Locations 'IE Ci r 3.Heat Detector Locations SECTION EIGHT:Position Funding. The office of the FIRE CODE OFFICIAL shall be funded by the current funding operation.The current funding arrangement is specified It Collier County Resolution 2001.313 and any amended or successor resolution.The tire plan review fees shell continue to be collected by the County and forwarded to Ire 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:Cenral 1.The FIRE CODE OFFICIAL shall represent all independent and dependent FIRE DISTRICTS in Collier County,which we parties to this Agreement. 2.The COUNTY shall provide rental office space within the Community Development and Envkonmsntal Services building for the office of the FIRE CODE OFFICIAL to conduct his duties. Said rental spare shall be provided in accordance with the Lease Agreement dated entered into between the County end the East Naples Fire Control and,Reecue District,which Lease is attached hereto as Exhibit A. Said Lease Agreement addresses the amount of rent to be paid to Collier County for the FIRE CODE OFFICIAL'S Office and also addresses issues 7 Packet Page-1246- 4/22/2014 16.H.3. 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 833,Florida Statutes,to perform the required tin inspections listed in Section Six of this Agreement The FIRE DISTRICTS need not provide cesfied FIRE SAFETY INSPECTORS to perform Inspections of existing structures pursuant to Section Seven of this Agreement,however,these inspections shall be performed by appropriately trained personnel of the FIRE DISTRICTS. 5.The COUNTY shall provide the necessary enforcement authority for the FIRE DISTRICTS to conduct plan review and inspections for new construction. 8.The FIRE DISTRICTS agree to continue to enforce the FIRE CODE on existing buildings and when violations are found the FIRE DISTRICTS,or anyone of them,shah pursue enforcement through the Collier County Code Enforcement Board,Stale Attorney,or other agencies as allowed by law.The FIRE DISTRICTS,or anyone of thorn,shall in 000r lnation 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, T.The COUNTY shall adopt the F •i •, '�.�, .A •, • Statutes and shalt review amendments thereto roues•• 4 ,`^ • 8.The FIRE CODE OFFICI • • - of the ADMINISTRATIVE DISTRICT and subject to __ • 'n • INISTRATIVE DISTRICT and policies and procedures • • • y ►• NTY intended to stand in an employer-employee .LM'� +;"i� • Fl IAL or ASSISTANT FIRE CODE OFFICIAL. N SECTION TEN:Conflicts and • O 1. In the event of a conflict • applicable minimum - c CODE and the applicable minimum FIRE CODE,N shall • '" '' , 1=' �ir the BUILDING OFFICIAL and the FIRE CODE OFFICIAL In favor • �•�'•M'^_,��LL %. 16e"- ,which offers the greatest degree of life safety or alternatives which would 'T•.. .t' 1 t degree of We safety and an equivalent method of construction. 2. In the event that the BUILDING OFFICIAL and FIRE CODE OFFICIAL we unable to agree on a resolution of the conflict between the applicable minimum BUILDING CODE and the applicable minimum FIRE CODE,the BUILDING OFFICIAL.that render a temporary decision to resolve the conflict 3. An applicant for a bulling permit may appeal any decision made by the FIRE CODE OFFICIAL and the BUILDING OFFICIAL or any temporary decision made by the BUILDING OFFICIAL to the BOARD in accordance with the procedures stated in Division 5.4 of the Collier County Land Development Code.Should construction continue during the appeal of a decision or temporary decision,it shad be at the risk of the contractor or pima holder. 4. All decisions of the FIRE CODE OFFICIAL andror the BUILDING OFFICIAL and all decisions of the Board shall be In writing.Decisions of general application shall be indexed by Building and FIRE CODE sections and shall be available for inspection at the COUNTY'S Development Services . building during normal business hours. 5. In the event a conflict of code or interpretation develops between the FIRE CODE OFFICIAL and a representative of one of the FIRE DISTRICTS,the conflict shall be resolved by a committee of members to be known as the Fla Board of Adjustments and Appeals.The persons on this 6 4 Packet Page-1247- 4/22/2014 16.H.3. 11B OR: 3208 PG: 0844 committee shall be the Fire Marshals or Fire Official of each participating Fin District The Board shall operate in accordance with the procedures attached as Exhibit 1r Each committee member shall have one(1)vote end any decision shall be rendered by majority vote.All decisions of this committee shall be in writing and mailed to each Fire District,the FIRE CODE OFFICIAL and the BUILDING OFFICIAL.The disagreeing parties shall not have a vote on the issues in question. 8. Major field modifications shall be directed through the FIRE CODE OFFICIAL'S Office by way of a revision process. SECTION ELEVEN:Notices. Any notice made pursuant to this Agreement by the COUNTY to the ADMINISTRATIVE DISTRICT shall be in writing and delivered by hand or by the United States Postal Service,codified mail,return receipt requested,postage prepaid,addressed to the!Wowing:East Naples Fire Control and Rescue District,4798 Davis Blvd.,Naples,Florida 34104.AN invoices and payments shall be sent to the East Naples Firs Control and Rescue District.Any notice required or made pursuant to this Agreement by the ADMINISTRATIVE DISTRICT to the COUNTY shall be in writing and delivered by hand or by the United States Pool Service certified mail,return receipt requested,postage prepaid,addressed to the following:County Administrator, Collier County Government Center,3301 Tamlwml Trail East,Naples Florida 34112,with•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 fin station in which his office is •-: . R- C ?�IA SECTION TWELVE:Term and T ;4011111111.OU The Agreement shah remain in or the ADMINISTRATIVE DISTRICT.The COUNTY or elms ;�` '. «•� this Agreement with or without cause by providing written notice ►!'4 , motion shall be effective fortyfive(45)days from receipt • •� _ If an independent or dependent Fi, that is a party to ,� • wishes to withdraw from this • A • greement,It shall provide written v of its withdrawal to � �s, nd the COUNTY shah have forty- five (45)days to give notice of te the ADMINISTRATI• - •�-• -ICT if the COUNTY wishes to terminate this Agreement.If no such ,� notice is • COUNTY,this Agreement shall be deemed modified to exclude the wlthdra ., -.7'11 C SECTION THIRTEEN:Entire Agreement and •C t of this fit. This Agreement contains the complete and entire understanding of the parties.Other than as stated in Section Twelve,this Agreement may only be amended by a written instrument duly executed by the parties with the same formalities as the original. SECTION FOURTEEN:Termination of Prior interims!Agreenierds. Upon the eftectivd date of this Agreement,ale 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 at the Circuit Court in the official records of Collier County,Florida. SECTION SIXTEEN:Effective pate. This Agreement shall become effective upon Its execution by the COUNTY and the FIRE DISTRICTS and its filing In the Official Records of Collar County,Florida. 9 Packet Page-1248- 4/22/2014 16.H.3. 118 OR: 3208 PG: 0845 • 'IN WITNESS VANERBOF,this ApnertNnt was signed,sealed and witnessed on the nspsoriw dates set fora,below. t•••1164(4% BOARD OF COUNTY COMMISSIONER ATTEST' V'.........• Or,1',, COLLIER COUNTY, ,-IDA DWIGPOrlig S,Cilifk c, 'ft • At Z■ . -- "`� 't• . • !1%1•1•••t' s e O Sate` t�'1 I .4 � / NORTH NAPLES FIRE CONTROL and 1 II' -' RESCU ' IQ►TiIICT tliale / V ‘ 1.1....4.1...4 • / Q.rif a: It . A` • -__ • Co GOLDEN and RE CONTROL d Are _ .,1-,.. 40,740.111., w •.T., warms n v pities ltc. Mit ` opt! s . /,'I i A. 7. ' c`r ♦:r !BLAND FIRE CONTROL AIEC DISTRICT / . � �//RR1d3 6torf* c eak ? • Ilk � IMMOKALEE 6.• - • DISTRICT Witness— �I, .'' ,� / vWInisa "AI r+� e p3 10 Packet Page-1249- 4/22/2014 16.H.3. 11B OR: 3208 PG: 0846 Igg2, l-4.-03 EAST NAPLES FIRE CONTROL and RESCUE DISTRICT (C7piig ig?tig.. , ) Witness j '� �.�--- ChMnew, Date: ATTEST;.••••..∎∎∎%, BOARD OF COUNTY COMMISSIONERS .1�0, 0 ''t�,► COWER COUNTY,FLORIDA AS THE y�..,.` �.� ►►►� GOVERNING BOARD OF THE OCFIOPEE FIRE ,.r DISTRICT N � _ A -0 ...... iitia .±�}' :1') OOFAMISSIONERs 0 IDA A8 THE . �- `•'�` ,' �" .r =� AND FIB OF CAPRI i' •: ` t' IP , RE SERVICES t )'!gr ' ' , 'Ct\ TAX_r O= •• ; dw : .:� rp • _ O� 1 Date: I-a..%-0 3 APPROVED AS TO FROM AND LEGAL SUFFICIENCY: iRost N. /Aeeletent County Attorney ►: oavacarroit 11 1 Packet Page-1250- 4/22/2014 16.H.3. 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 Collier County, Florida as the Governing Body of the Ochopss Fire District,hereinafter referred to as the'District". WHEREAS,the Florida Interlocal Cooperation Act of 1969,§163.01,Florida Statutes,authorizes the joint exercise of any power,privilege or authority which the public 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 Interlace!Cooperation Act of 1969 and desire the joint exercise of power which each might exercise separately for the purpose of providing fire prevention within Collar County;and WHEREAS,the North Naples Fire Control and Rescue District,Golden Gate Fire Control and Rescue District,Big Corkscrew Island Firs Control and Rescue District,Immokalee Fire Control and Rescue District. East Naples Fire Control and Rescue District,Ochopee Fire Control District,and We of Capri Fire Control District,have entered into en Interlocal Agreement with Collier County,dated:1.28-03 for the purpose of delineating the responsibilities of Collier County and the Fire Districts with respect to fire plan reviews and fire inspections for new construction,construction projects,and existing structures;and WHEREAS,said Interlocal Agreement between Collier County and the Fire Districts requires that separate agreements between each Fire District and the East Naples Fire Control and Rescue District be executed for the purpose of 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 tor new construction and construction projects by delineating the responsibllhles 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 Fire Chief or hither designee(Fore Marshal,or Fire Inspector, or Fire Code Official)responsible for,and having final authority In hishher 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,immolates,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 Are Prevention Ordinance or either set of Fire Standards during the life of this agreement. 1 Packet Page-1251- 4/22/2014 16.H.3. _._ 11B 161(8 - • 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 833,Florida Statutes,Fire Prevention and Control.Such Individual must be certified by the Division of State Fire Marshal pursuant to§ 633.05,Florida Statutes.The term as used in this Agreement may refer to the Fire Code Official,the Assistant Fire Code Official,Fire Marshal,or Fire Inspector employed by one of the Fire Districts. FIRE CODE OFFICIAL-The individual appointed by the Fire Districts and employed by the EAST NAPLES FIRE DISTRICT who is responsible for 1. The accurate and timely review of building permit applications,plane 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 Firs Codes and related ordinances. 4. Manage and over-see all employees and records of the Fire Code Official's office on a daily basis inohxfing time sheets and expenditures. 5. Provide training as needed to office staff and fire district personnel. 8. 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 12th 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 apace; 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 8 In conjunction with the Fire Service Steering Committee,establish and maintain a benefit Package and to implement policies and procedures for the purpose of the operations and administration of the Fire Code Official's Office. SECTION FOUR:Inspections. The District shall be responsble for performing inspections and any necessary re-inspections of new construction and construction projects for which building permits have been issued.The District shall employ fire safety inspectors to perform all inspections on permitted construction projects.The fees for these inspections and re-inspections shah 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 interlace)Agreement between Collier County and the Fre 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 1mm Collier County of all lire inspection lees 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-1252- 4/22/2014 16.H.3. 16K8 11 .B were paid for fire Inspections in the Die ict.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,lass 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 wahin fifteen(16)days of receipt of the fees from the Collier County Building Review and Permitting Department B.Fire Coda Official's Office. The funding mechanism for the Fire Code Official's Office is described In the Inteiocal Agreement between Collier County and the Fire Districts,dated 1.28.03.Funds received by the EAST NAPLES ARE DISTRICT from Collier County for the perfonmsnoe of the duties of the Fire Code Official's office shall first be allocated to the budget of the Fire Code Official's office. The EAST NAPLES FIRE DISTRICT shall create a Fire Code Official's contingency account,in which I shall deposit the funds received from Copier County for the performance of the Fire Code Official's dupes which are in f orcess of those needed to fund the Firs 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 yearn adopted budget for the Fire Code Official. Within ninety(90)days of the contingency fund reaching the level of twice the current year's adopted budget for the Fire Code Official,the Fire Service Steering Committee shall evaluate and recommend that If necessary,the County adjust the Plan Review Fee Schedule to maintain the contingency fund at that level. C.Fixed Asset All fixed assets of the Fire Code Official's Office shall be marked as property of the office and a copy of the most current inventory shall be provided to the District on an annual basis.Ownership of all fixed assets shall remain the property of the Fire Code Official's Office. 0.Financial Reporting On a quarterly basis,the East Naples Are District shall provide the District a quarterly financial status report for the Fire Code Official's Office and on an annual basis a copy of the audit report for the office. SECTION SIX:Fire Code Official's Budget A.Budget Not later than May I 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 ncton 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:Fire Code Official Selection. Fire Cods 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 slob 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-1253- 4/22/2014 16.H.3. 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 EIGHT:Employment,Performance Evaluations,and Disciplinary Action for the Fire Cods Official's Office Employees A.Employment. The Fire Code Official's office employees shall be considered employees of the EAST NAPLES FIRE DISTRICT and subject to the personnel policies and rules of that District and the policies and procedures developed for this office. B.Performance Evaluation. A performance evaluation of the Fire Code Official shall be conducted not less than annually.The evaluation shall be conducted in accordance with the policies of the EAST NAPLES FIRE DISTRICT,and the evaluation shall be reported on the standard EAST NAPLES FIRE DISTRICT evaluation form.All Fire Districts are entitled to participate in the evaluation of the Fire Code Official and each Fin District may submit one(1)evaluation to the EAST NAPLES FIRE DISTRICT.The evaluations of the Fire Code Official and related concerns of all Fin Districts shall be taken Into consideration by the EAST NAPLES FIRE DISTRICT during its evaluation of the Fire Code Official.The Fire Service Steering Committee may from time to time make recommendations to the administrative district regarding the Fire Code Official's office. C.Disciplinary Action. EAST NAPLES FIRE DISTRICT shall be responsible for all disciplinary procedures involving the Fire Code Official and staff.All disciplinary action shall be carried out in accordance with the policies of the EAST NAPLES FIRE DISTRICT.All commendations and complaints shall be directed to the Chief of the EAST NAPLES FIRE DISTRICT,with a copy to all participating districts.The EAST NAPLES FIRE DISTRICT shall in conjunction with the steering committee,establish policies,rules and regulations within one(1)year of executing this document for the employees of the Fire Code Official's Office.This package shall be approved by the Steering Committee,and will be considered portable when possible when any change in the administrating district occurs. SECTION NINE:Termination or Amendment. This agreement shall remain in effect until terminated by either party.Either party may terminate this agreement with or without cause by providing written notice to the other party and to Collier County.Such termination shall be effective forty-five(45)days after receipt of said written notice.This agreement may be amended from time to time upon the agreement of both parties.My amendment must be in writing and must be executed with the same formalities as the original. SECTION TEN:Notices. Any notice made pursuant to this Agreement to the EAST NAPLES FIRE DISTRICT shall be in writing and delivered by hand or by the United States Postal Service,certified mail,return receipt requested,postage prepaid,addressed to The following:East Naples Fire Control and Rescue District 4798 Davis Blvd,Naples, Florida 34104.All invoices shat 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 mat,return receipt requested,postage paid,addressed to the following: Board of County Commissioners of Collier County,Florida as the Governing Body of the Ochoose Fire District, Naples,Florida(zip). Any notice required or made pursuant to this Agreement to Collier County shall be in writing and delivered by hand or by the United States Postal Service,certified mall,return receipt requested,postage prepaid, addressed to the following:County Manager,Building F,Collier County Government Center, 3301 E.Tarniaml Trail,Naples,Florida,34112. 4 Packet Page-1254- 4/22/2014 16.H.3. 118 16K8 SECTION ELEVEN:Entire Agreement This Agreement contains the complete and entire understanding of the parties. SECTION TWELVE:Recording. In accordance with§163.01 (11),Florida Statutes,this Agreement shalt 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 its fling with the Clerk of Circuit Court. IN WITNESS WHEREOF,this Agreement was signed,sealed,and witnessed on the respective dales set forth below. Witness: EAST NAPLES FIRE CONTROL and RESCUE DI try Witness: 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 G'tra ' FIRE DISTRICT iL 1 _'Pik • •.. ah.0•4. By: T Henning,Chairman Attest ar • ' t '1i°'t.% D./44.03 st 4t ;e.OflJ ,.;. Approved as to form and legal sufficiency: Rot�rt h Assistant County Attorney 5 ,■•••■ Packet Page-1255- 4/22/2014 16.H.3. EXHIBIT C 11 B 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 28,2.003, 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-1256- 4/22/2014 16.H.3. 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-1257- 4/22/2014 16.H.3. HR 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• IPA . ecnof / A_c By: .� _ , B B . , .. : . .0. 'd Clerk Putt TOM HENNING,Chairm North Naples Fire •ntrol and Rescue District 1 • , / /�� A !�0L,�� By: !l� Witness ■ '' �` Printed f, e: Tgn,as 13i,2t[E � j Title: [.11A h ,AA/ (�/1dty 46,1I Witness/ APP' ; a i • • II and legality: 116 Jeffre ' Klatzkow enda Coun' orney Item# ( I 6. , De 1"C) Date Reed a•aHg-t 3 Packet Page-1258-