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Agenda 04/22/2014 Item #16H5 4/22/2014 16.H.5. EXECUTIVE SUMMARY Recommendation to approve an Interlocal Agreement(ILA)with East Naples Fire Control and Rescue District(ENFD) providing that the County assume fire plans review duties on behalf of ENFD and the County's dependent fire districts, including Isles of Capri, Ochopee and Collier Fire District One, and authorizing the ENFD Fire Chief or his designee to act as the approving authority over fire plans review for the County's dependent fire districts. OBJECTIVE: To improve the speed of fire plans review and the issuance of permits in conjunction with building plans review for projects located within the ENFD, Collier County's dependent fire districts and Collier Fire District One operating under the County's Growth Management Division(GMD). CONSIDERATIONS: On June 11, 2013, Item 10E, the Board authorized Commissioner Tom Henning to represent the Board and work with staff in evaluating and potentially negotiating consolidated EMS services and County managed plan review and inspection services. Staff subsequently attended fire district commissioner meetings and communicated with fire officials to discuss opportunities to consolidate plan review and inspection services. In September 2013, Commissioner Henning and staff attended an East Naples Fire Control and Rescue District (ENFD)meeting to propose a county-sponsored fire plans review service. Commissioner Henning and staff concurrently met with North Naples Fire Control and Rescue District (NNFD), ENFD, and Golden Gate Fire Control and Rescue District (GGFD) representatives to work towards consolidating fire plans reviews under the County. In November 2013, NNFD began to craft a plan to reorganize fire plans reviews in its district that involved hiring its own reviewers and working cooperatively with the County's building officials within the County's Growth Management Division offices. On March 25, 2014, the BCC approved a Memorandum of Understanding (MOU) with the ENFD and GGFD to work towards county-managed fire plans review services. On April 8, 2014, the ENFD Commission simultaneously approved an MOU with the County to pursue a partnership related to reorganizing fire plans reviews and an Interlocal Agreement (ILA) authorizing the County Manager (or his designee) to be the managing administrative authority over the ENFD and the dependent fire districts' fire plans reviews. The reorganization of the NNFD, ENFD and GGFD fire plans review process is intended to improve the speed of issuing permits and reduce conflicts between plans reviews and fire inspections. The attached ILA provides, in part, that the County will hire fire plans reviewers and offer the current ENFD staff Fire Code Owls Office esitions if they meet the County's hiring criteria and are willing to accept employment. Additionally, the ILA mandates that fire plans reviewers Packet Page-1289- 4/22/2014 16.H.5. will operate on the same software as other GMD plans reviews, CityView, and that fifty-percent of the ENFD Fire Marshall's unburdened salary will be paid by fire plans review fees. The ILA between the ENFD and County addressing the management of fire plans reviews in the ENFD and dependent fire districts, and NNFD the County's separate agreement to cooperatively operate its plans reviewers located on County property will: • Restore the one-stop-shop concept; • Improve communication between fire plans, electrical, plumbing and building plans reviewers,which has previously been lacking; and • Reduce fire plans fees to make them more economical and eliminate redundant reviews. The ENFD Board unanimously passed the attached ILA with the County with a request that the ENFD's Attorney be permitted to review the agreement further post-execution; and in the event that its attorney requests additional minor revisions to the ILA, not affecting the material substance of the agreement, which are also approved by County staff and the County Attorney, that those changes be permitted through an amendment to the ILA. The ENFD and GGFD may merge if a referendum is approved on the ballot by voters in both fire districts during the 2014 General Election. Should a merger result, the fire plans review ILA between the ENFD and the County will require further amendment. FISCAL IMPACT: Although fiscally neutral, a budget amendment will be required to authorize new staffing positions including fire plans reviewers. The cost of which will be reconciled by fire plans review fees. One half of the ENFD Fire Marshal unburdened salary will also be funded by fees collected. Revenues and expenditures shall be reconciled after 12 months of operations to match actual cost. This is a companion item to the to GMD agenda item authorization for staffing. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT RECOMMENDATION: Recommendation that the Board of County Commissioners approve an Interlocal Agreement with East Naples Fire Control and Rescue District providing that the County assume fire plans review duties on behalf of ENFD and the County's dependent fire districts, including Isles of Capri, Ochopee and Collier Fire District One, and authorizing the ENFD Fire Chief or his designee to act as the approving authority over fire plans review for the County's dependent fire districts. Prepared by: Commissioner Tom Henning Attachments: 1)ILA; 2)Approved ENFD County MOU; 3)Exhibit A;4)Exhibit B; 5)Exhibit C Packet Page-1290- 4/22/2014 16.H.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.H.16.H.5. Item Summary: Recommendation to approve an Interlocal Agreement (ILA) with East Naples Fire Control and Rescue District (ENFD) providing that the County assume fire plans review duties on behalf of ENFD and the County's dependent fire districts, including Isles of Capri, Ochopee and Collier Fire District One, and authorizing the ENFD Fire Chief or his designee to act as the approving authority over fire plans review for the County's dependent fire districts. (Commissioner Henning) Meeting Date: 4/22/2014 Prepared By Name: SmithCamden Title: Executive Coordinator to Commissioner, 4/10/2014 4:18:35 PM Approved By Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 4/15/2014 10:12:42 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 4/15/2014 10:35:05 AM Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 4/15/2014 10:58:50 AM Name: KlatzkowJeff Title: County Attorney, Date: 4/15/2014 11:25:14 AM Name: KimbleSherry Title: Management/Budget Analyst, Senior, Office of Manag Date: 4/15/2014 12:24:02 PM Packet Page-1291- 4/22/2014 16.H.5. Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 4/15/2014 12:54:54 PM n n Packet Page-1292- 4/22/2014 16.H.5., INTERLOCAL AGREEMENT CONCERNING PLAN REVIEW AND INSPECTION THIS INTERLOCAL AGREEMENT CONCERNING PLAN REVIEW AND INSPECTION (hereinafter referred to as the "Interlocal Plan Review Agreement") is made and entered into this of , 2014, by and between East Naples Fires Control and Rescue District (hereinafter referred to as "ENFD") and Collier County, Florida, and as the Governing Body of the Ochopee Fire District and the Isle of Capri Fire and Rescue District (hereinafter referred to as"County"),collectively referred to as the"Parties." RECITALS: WHEREAS, the Florida Interlocal Cooperation Act of 1969, § 163.01, Florida Statutes, authorizes the joint exercise of any power, privilege or authority which the public agencies involved herein might exercise separately; and WHEREAS,the ENFD and County are public agencies within the meaning of the Florida Interlocal Cooperation Act of 1969 and wish to enter into this agreement to jointly exercise powers which each might exercise separately for the purpose of fire prevention within Collier County, Florida; and WHEREAS, the North Naples Fire Control and Rescue District (NNFD), Golden Gate Fire Control and Rescue District, Big Corkscrew Fire Control and Rescue District, Inunokalee Fire Control and Rescue District, East Naples Fire Control and Rescue District, Ochopee Fire Control District, and Isle of Capri Fire Control District (collectively referred to as the Fire Districts), entered into an Interlocal Agreement with Collier County dated January 28, 2003, for the purpose of delineating the responsibilities of Collier County and the Fire Districts with respect to plan reviews and fire inspections for new construction, construction projects, and existing structures,a copy of which is attached as Exhibit"A;"and WHEREAS, there is an Interlocal Agreement dated October 14, 2003, by and between the East Naples Fire Control and Rescue District and Collier County, as the governing body of the Ochopee Fire District for the purpose of providing an expeditious, high-quality plan review and fire inspection process for new construction and construction projects, a copy of which is attached as Exhibit `B," that the ENFD and County wish to terminate and replace with this Interlocal Plan Review Agreement;and WHEREAS,pursuant to Exhibits "A"and"B,"the East Naples Fire Control and Rescue District has acted as the Administrative District by reviewing all building permit plans filed with Collier County for compliance with the Fire Code;and WHEREAS,the County and NNFD entered into an MOU dated January 28,2014, a copy of which is attached as Exhibit "C," wherein NNFD will resume reviewing all building permit plans located in NNFD; thereby terminating the East Naples Fire Control and Rescue District as the Administrative District for such reviews in the NNFD coverage areas; and 9 Packet Page-1293- 4/22/2014 16.H.5. WHEREAS, ENFD and the Golden Gate Fire Control and Rescue District are in the process of consolidating into a single Fire Control and Rescue District (the "Consolidated District");and WHEREAS,ENFD has decided it no longer wishes to utilize the Fire Code Office(FCO) for review of all East Naples building permit plans filed with Collier County for compliance with the Fire Code, and the County has agreed to assume responsibility for this administrative function,subject to the following terms and conditions. WITNESSETH: NOW,THEREFORE,the Parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. The Parties agree that notwithstanding the 45 day notice to terminate provision individually afforded each party provided in Section Nine of the October 14, 2003 agreement attached as Exhibit `B," that agreement shall be terminated as of the effective date of this Interlocal Plan Review Agreement. 3. The County shall assume responsibility for Fire Plans Reviews of all building construction plans and specifications of all new construction and construction projects. ENFD 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. •'■ 4. The County will work with the ENFD Fire Chief to offer Fire Plans Review staff from the existing Fire Code Official's Office the option to transfer to the County Fire Plans Review section within the Growth Management Division (GMD) 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 and conditions of employment will be determined by Collier County. Fire Plans Reviewers will be cross trained for other GMD plans reviews with the consent of the ENFD Fire Chief, which shall not unreasonably be withheld,and may only utilize the staff in this capacity to maximize workload as necessary, and they must remain dedicated to processing and completing fire plans reviews. 5. To promote an orderly transition of the County's responsibility for Fire Plans Review, ENFD is maintaining its responsibility as the Administrative District to the Fire Code Officials Office in order to serve the existing customers and Fire Districts. As the Administrative District, ENFD agrees to work cooperatively with the County and other participating Fire Districts of the FCO to utilize existing fire plans reviewers in the best interest of serving the community, until such time the County hires fire plans reviewers, consistent with number paragraph four (4), or within 60 days following the activation of this Interlocal Plan ReviewAgreement, whichever is sooner. 6. The ENFD Fire Chief will retain his administrative authority and will retain his Authority Having Jurisdiction(the"AHJ") as provided under Florida Statute 633. 2 CD Packet Page 4294- 4/22/2014 16.H.5. 7. The East Naples—Golden Gate Fire Marshal, through the authority of the ENFD Fire Chief, shall be appointed as the Collier County Fire Marshal, and shall have jurisdictional and final approval authority over fire plans reviews within the ENFD and GGFD districts and the areas agreed upon by Collier County, GGFD and ENFD, or the subsequent Consolidated District entity resulting from the anticipated future merger between the East Naples and Golden Gate Fire Control and Rescue Districts. County Manager (or designee) is the direct employer for County fire plans reviewers and maintains the authority to manage its staff and fire plans review processes. 8. The County will pay fifty percent (50%) of the East Naples — Golden Gate Fire Marshal's unburdened salary to the ENFD out of revenue the County collects from fire plans review fees. Payment will be remitted by the County equally throughout the year on a quarterly basis. 9. ENFD and the County agree for the ENFD-GGFD Fire Chief and Fire Marshal (or designee) to act as the jurisdictional and final approval authority for fire plans reviews and ENFD managed inspection services for the anticipated Consolidated District, as well as the Ochopee and Isles of Capri Fire Control and Rescue Districts and Collier Fire District One. 10. This Interlocal Plans Review Agreement contains the complete and entire understanding of the Parties. 11. In accordance with § 163.01(11), Florida Statutes, this Interlocal Plan Review Agreement shall be recorded by the Clerk of the Circuit Court in the Official records of Collier County,Florida. 12. This Interlocal Plan Review Agreement shall become effective upon its execution by the ENFD and County and its filing with the Clerk of the Circuit Court. 13. The Agreement shall remain in effect until terminated by either the County or the Fire District. The County or the Fire District may terminate this Agreement with or without cause by providing written notice to all other parties within this Agreement. Such termination shall be effective forty-five(45)days from receipt of such termination notice. IN WITNESS WHEREOF, the Parties hereto have caused this Interlocal Plan Review Agreement to be executed by their appropriate officials,as of the date first above written. 3 Packet Page-1295- 4/22/2014 16.H.5. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY,FLORIDA,And As the Governing Body of the Ochopee and Isles of Capri Fire Districts By: By: ,Deputy Clerk TOM HENNING, Chairman Approved as to form and legality: Jeffrey A. Klatzkow County Attorney .411117 East Naples Fire Control and Rescue District By: ss Printed Name: lr l a-3C-7 / I' Title: ift161..-- ttness 4 Packet Page-1296- 4/22/2014 16.H.5. MEMORANDUM OF UNDERSTANDING PLAN REVIEW AND INSPECTION THIS MEMORANDUM OF UNDERSTANDING (hereinafter referred to as the "MOU") is made and entered into this 2.9-i;of st-1.c av-ems, 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-1297- 4/22/2014 16.H.5. 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. 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. ENFD 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. 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 2 Packet Page-1298- 4/22/2014 16.H.5. 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 ,' r`f BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK:,Clerk COLLIER CO .ITY,F ORIDA By /R . _ 4.- .y: .:i ,1..� '`''` . Deputy Clerk TO NN G, Chan an Atte tE, th;:C3tairman's �` signature only. East Naples Fire Control and Rescue District By itness / Printed Name: j, t>. " PA)9. (E40_124,, �; Title: C"rfaF-tr`ew n1 W itness Appr /ed as to form and legality t"1-7 21/(1-€44..-/4-/1 4-7 Jeffr y A. Klatzkow i County Attorney 3 Packet Page-1299- 4/22/2014 16.H.5. • • --� . _. .-- . .. - - - . - • -- - 118 CLUE TO TIE DOUD MUD le the OffICIAL UMW of COLLIU COUfl. 1L Uc 141 211.14 MI irt MIC! 111 11001 11/!1!200) st I2:OP I DV7 T I. 010CI, CLUE BOUMK 1.11 1244 INTERLOCAL AGREEMENT cop" 14.0 EXHIBIT A This Interlooal Agreement('Agreement)Is made and entered into by and between Collier County,a political subdivIsOn of the State of Florida,hereinafter referred to as the'COUNTY'and the North Naples Fire Control and Rescue District,Goiden•Gate Fire:Controi and Rescue District,Big Corlcecrewr island Fire Control and Rescue District,knmokalee Fire Control District,East Naples Firs 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 Interlace'Cooperation Act of 1989,9 163.01,Florida Statutes,authorizes the joint exercise of any power,privilege or authority which the public agencies Inclined herein might exercise separately;and • WHEREAS,the COUNTY and the FIRE DISTRICTS are public agencies,within the meaning of the Florida Interlocal Cooperation Act and desire the pile 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 oft '• •r : mutual promises,covenants,and *'- covenant.agree,and bind duties hereinafter set forth,the COUNT ;17:77 ..,. �. themselves as follows: • 41• SECTION ONE:Purpose. The purpose of this Agreement is • •- y Ai"... . plan review and fire inspection process for new corst1_.,.! , MM!, '� ;;1w. .., within the boundaries of the FIRE DISTRICTS by . ' 17--4. . the FIRE DISTRICTS In n order to enhance service to the- 'W T'� _ �� SECTION TWO:Definitions. li ,-:4 The fosowing terms as used In this stale be deli —4-- . i ADMINISTRATIVE DISTRICT-East Control and ; ,v ASSISTANT FIRE CODE OFFICIAL An • *!f• ,.1.�',. • • by the ADMINISTRATIVE DISTRICT and who sews 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 tor,and having final authority in his/her respective jurisdiction,in both new end existing construction(9 FS 833.121). 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 PermltlIn4 Director or his designee. COUNTY-The general-purpose goverment of Collier County,which is a political subdivision of the State of Florida. FIRE CODE-The Collier County Fin 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 Statutes and any successor or amendment thereto during the life of this Agreement. 1 ' Packet Page-1300- 4/22/2014 16.H.5. 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 tor compliance with the applicable FIRE CODE; 2 The performance of statutory functions of the Are 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 overseeing 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 stall 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 hislwr designee:and . 7. Participating as a member of the Collier County Fire Marshal Association. FIRE DISTRICTS•The Independent tiro control and rescue districts operating within Collier.County, including North Naples,Golden Gate,Big Corkscrew bland,Immokalee,East Naples and the dependent districts of Octaves and Isle of Capri. FIRE SAFETY INSPECTOR•The individual..� ;;J; •1�out the functions identified by and referenced In Chapter 553,Florida Statutes,Build l' �'! � 1•` Chapter 633,Florida.Statutes,Fire Prevention and Control.Such iruNvid led by `,"; of State Fire Marshal pursuant to§ 633.05,Florida Statutes.The term this Agreement maw . . the FIRE CODE OFFICIAL,the ASSISTANT FIRE CODE OFF • ' or a FIRE - ` OR employed by one of the FIRE DISTRICTS. FIRE SERVICE STEERING e• ^! ��"',: �'!. 1 day of March 1991 • NEW CONSTRUCTION OR «• : ,�' ,alteration, repair or demolition of a building. SECTION THREE: • • • ' District Duties, in order to Implement t e i r duties and •. _ . . under this ' ,the FIRE DISTRICTS have entered into separate intedocai a . .�.' ;� ATNE DISTRICT.The FIRE DISTRICTS represent to the COUNTY that , Ef r" `� . DISTRICT is authorized by these Interlocl agreements to employ personnel,lease office space,receive payments,disburse hands,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:Ou&MicatIons of FIRE CODE OFFICIAL end 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 impedance reviewing construction plans for FIRE CODE compliance.A combination of training and experience may be*considered. 2. A Fire Protection Engineering Degree is widened,but an otherwise qualified candidate with an Associates Degree in Fire Science or Administration,with a combination of additional training and experience is eligible for the position. 3.Fire Service experience including tire district operations and fire prevention is desired. 2 Packet Page-1301- 4/22/2014 16.H.5. 11B OR: 3208 PG: 0838 4.Experience in National Fire Protection Association codas and Model Code interpretation and enforcement. 5.Certification as a Florida Municipal Fire Inspector 6.Managerial skills that can be dsmonq ayd either by expsrlenos or training. 7.The ability to provide a precise.technical and timely examination of construction plans and Specs icatons for the purpose of determining adequacy of fire and IMe sally features. •.All legaly required licensee and osrtlpgtions to Krell his or her duties as Dunked in this Agreement including.but not limited to,all license and,certifications Mat may be required by Section 553.79 and Chapter 633,Fiends 8teasss,as amended from lime to tine. The ASSISTANT FIRE CODE OFFICIAL shall meet the minimum quallncatlors set fort 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 quellioatio s outlined in this section. SECTION FIVE:Fire Pion Review Procedure. The FIRE CODE OFFICIAL shall review the • • plans and spsotllodions of Y new oons*ructlon and oon•huctlon pru rots, . • '7.4".17 dweli ngs,for compliance with the FIRE CODE. Gp ?�, 1.Ths COUNTY shall • • • •• permit shall review�p • • , r _ The RRE CODE OFFICIAL -. , th• e FIRE CODE. c ' the day to building not be putoftMfkep .1- 2.The FIRE CODE plan tlM be -,r OFFICIAL while COUNTY tv Met elravlewk and Electrical performing isii we with performed by COUNTY staff. 3.After completing 11s review, '� �i� `: -� ±rn.�•: '- shat submit the reviewed plans along with N's comments to the ►• I •• 1 •' . .. : review and to assure consistency with to BUILDING CODES(Plumbing, , :T • • and Electrical Code).Any inconsistencies Mel be resolved pursuant to Section Ten of Mle Agreement 4.After the construction plans have been reviewed and approved by the COUNTY and FIRE CODE OFFICIAL,the FIRE CODE OFFICIAL shall dspver one(1)Copy of am plans to the pardatlr 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 shell.to the extent possible,within ten(10)working days after repaint of the plans notify the FIRE CODE OFFICIAL of any objections or comments to FIRE DISTRICT may have with regard to review and/or modifications of the plans. SECTION SIX:Required Mnpeollona and Fem. • The FIRE DISTRICTS agree to perform the following inspections during construction of buildings and the COUNTY agrees to pay the ADMINISTRATNE DISTRICT at the rate provided in Collier County Resolution No.2001.313,and any amended or successor resolution,for the inspections. (a) Fate stopping/Drell stopping 1.At time of Instatiatlon of penetrations through reed asambsss 3 Packet Page-1302- 4/22/2014 16.H.5. 11B OR: 3208 PG: 0839 (b) Temporary Stand Pips 1.After thkd floor 2.L.00atlon 3.Inspection at each floor 4.Fin department access 5.Operation (c) Exit Lights 1.Location L Type... 3.Operation (d) Smoke Detector 1.Location 2.Type 3.Operation (e) Meat Detectors 1.Location 2.Type 3.Operation m 2.Doors R Coin 1.Typo Rating 3.Self closures G0 ��. 4.Panic hardware 5.Locks 5.Operation 1.Type 0 Y L Location 3.Operation (h) Trash Chute G 1.Location 2.Rating N.5‘ 3.Sprinklers In chute 1* CTRL 4.Sprinklers In trash room 5.Height at roof (I) Emergency Generator motion W Elevator Operation During A1.m (k) PMe Department asses. 1.Fin late 2.Turning Radius 3.Obstructions (I) Nods*of Compliance inspection (m) Stand Pipes 1.Fke hose cabinets (ea)Location (bb)Fire hose I.Location IL Type 4 Packet Page-1303- 4/22/2014 16.H.5. 11B OR: 3208 PG: 0840 N.Length Iv.Nozzle 2.Pressure Test 3,Location 4.Location of FDC 5.Roof Mangold (u)Location (bb)Pressure 5. Operation (n) Fire Pump 1.Type 2.Size 3.Valves 4.Flow switches 5.Tamper switches C.Location 7.OpeMion (0) Flre Alarm 1.Speakers E*, R C tion Goyti CUl�rl� 2.Pug Stations (aa)Type (bb)Location NO 3.Phone Jacb �r py t"-• bbTLocation (co)Operation P � 0 4.P.A.System O � O .Taps/aim c Central nom E CIgN.) 7.Operation of alarm (p) Mrs mMtgulshsr 1.Sine 2.Location 3.Type 4.8arvIce Tag (4) My other fire inspections rewind to verity FIRE CODE compliance. The FIRE DISTRICTS agree to perform the following inspections and the COUNTY agrees to pay the ADMINISTRATIVE DISTRICT at the rata provided in Collier County Resolution No.2001413,and any amended or successor resolution,for the Nnpecdorts. (a) Firs 8prInider System Installations The following inspections shall be performed; 1.Pressure test 2.Pressure tact after 2 tours 5 Packet Page-1304- 4/22/2014 16.H.5. OR: 3208 PG: 0841 3.Location of head 4.Type of heads 5.Fin department correction 6.Location of fire department connection 7.Georges it.operation 9.Notice of compliance inspection (b) Hood Spam InstaNalon or Spray Booth katalatlon The following Inspections shall be conducted on kitchen hood systems or spray booths with dry chemical,carbon dioxide or!talon systems: 1.Pipk g 2.Heads-location 3.Site 4.Type 5.Service tag 6.Fan 7.Height a.Clearances g,operation 10.Notice of compliance inspection. (o) Flammable Liquids and Gee T ,�M : COUP The following Inspections shat G4, ?r 1.Location 2.Anchoring 3.MPhil 4,Notice of compliance C O(d) Fin Hydrant The loNowing . , be performed: 1.Thrust block impaction 0 2.Type �� G 3.Height from streamer port 4.Threads • CIE CRC 5.Location 6.Access 7.Notice of compliance inspection (I) L P.Gas installations The following inspections shall be performers 1.Location 2.Anchoring 3.P(phg 4.Notice of compliance inspection (1) NNnirmrm Fire inspection Fee. The C UNTV !!L Meal pay the ADMINISTRATIVE DISTRICT In accordance with Colder County re-inspection fee schedule found in Coed County Reeokrtion 2001-313,and any amended or successor resolution,for every properly documented re-Inspection conducted by the FIRE DISTRICTS. No CerVNoate of Occupancy that be issued until a dulerminetion is rendered by the BUILDING OFFICIAL,or e Packet Page-1305- 4/22/2014 16.H.5. 11B OR: 3208 PG: 0842 his I her design.,that the construction is in compliance with the Statewide BUILDING CODES(Plumbing, Mechanical,Building and Electrical Code)as adopted b the County,and a Notes of Fire Compliances Issued. The COUNTY shall be responsible for the collection and disbursement of fees to the ADMINISTRATIVE DISTRICT,Including building plan review,fire inspection lees and fire re-inspection teas,based upon information provided by the FIRE CODE OFFICIAL and the FIRE DISTRICTS.Disbursement to the ADMINISTRATIVE DISTRICT shall occur by the twsntiNN(20th)working day following the yet day of the calendar month in which the less 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 ambled to,the following types of Inspections: (a) Fire Extinguishers 1.Type 2.Stns 3.Location 4.Height 5.Service Tag. Oyu � COLtA (b) Means of Egress G 1.Fire Rating iE °Doors C) a � E-+xce (c) Fire Sprinkler C� _ 1.Verify existing Fire Sp have been'�' . -A 25. (d) 1FIManPull Stations Location T G��� 2.Smoke Detector Location. E C 3.Heat Detector Locations SECTION'EIGHT:Position Funding. The office of the FIRE CODE OFFICIAL shall be funded by the current finding opendion.The current funding arrangement is specified in Colter County Resolution 2001.313 and any amended or successor resolution.The fin 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 ISM Oamral. 1.The FIRE CODE OFFICIAL.shall represent as independent and dependent FIRE DISTRICTS in Collier County,which are parties to this Agreement. 2.The COUNTY shall provide rental office specs within the Community Development and Environmental Services building 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 end the East Naples Fire Control and,Rescue District,which Lease Is attached hereto as Exhibit•A.'Said Lease Agreement addresses the amount of rut to be paid to Calker County for the FILE CODE OFFICIAL'S Office and also addresses issues 7 Packet Page-1306- 4/22/2014 16.H.5. 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 533,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 impactions for new construction. 8.The FIRE DISTRICTS agree to continue to enforce the FIRE CODE on existing building&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 slowed by taw.The FIRE DISTRICTS,or anyone of them,shat in coordination with County staff prepare and present the case to these agencies,perform all follow-up investigations and provide any necessary doarmendton for future action by the FIRE DISTRICTS,or anyone of them,with the agency involved, 7.The COUNTY shall adopt the F,4.4.„..;,, :-:‘: •a , .�;�•, Statutes and shall review amendments thereto rogues • A E DISTRI 5.The FIRE CODE OFFICI • office staff shall • • • • - of the ADMINISTRATIVE DISTRICT and subject to * a of . A r INISTRATIVE DISTRICT and policies and procedures °' *• NTY intended to stand in an smploye•employee �;,.. r�.`�.� �.�i�r F IAL or ASSISTANT FIRE CODE OFFICIAL. N SECTION TEN:Conflicts and • L 1. In the event of a oonflct • -% c CODE and the applicable minimum FIRE CODE,N shall •• "•' En,` the BUILDING OFFICIAL end the FIRE CODE OFFICIAL In tavor • , ..j.. `- 1� which offers the greatest degree of ` , Ile safety or alternatives which would • T•7-1-,:r.7' 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 fora building permit may appeal any decision made by the FIRE CODE OFFICIAL and the BUILDING OFFICIAL or any temporary decision made byte 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. Al 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 shell 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-1307- , 4/22/2014 16.H.5. 11B OR: 3208 PG: 0844 ■. ' committee shall be the Fin Marshals or Fire Official of each participating Fire District.The Board shall operate in accordance with the procedures attached as Exhibit•e•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,ele 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,certified mail,return receipt requested,postage prepaid,addressed to the following:East Naples Fire Control and Rescue District,4798 Davis Blvd.,Naples,Florida 34104.AN invoices and payments shah be sent to the East Naples Fie Control and Rescue District.Any notice required or made pursuant to this Agreement by the ADMINISTRATIVE DISTRICT to the COUNTY shall be in writing and delivered by hand or by the United States Postal Service certified mall,return receipt requested,postage prepaid,addressed to the following:County Administrator, Collier County Government Center,3301 Taming 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 to '6 .'=- • be milled to IM Chief of the Fire District at the fire station in which his office is • 0�. ,R COU _ SECTION TWELVE:Term and T i . The Agreement shall remain in «• • the ADMINISTRATIVE DISTRICT.The COUNTY or IM t#abffila* ell with or wAhout forty-five(45)ddayyss from receipt l \ i rmhation shall be effective • If an independent or dependent F , ' that is a party to ,,, .wishes to withdraw from this Agreement,It shall provide written v of its withdrawal to .--v , the COUNTY shall 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 ., * C SECTION THIRTEEN:Entire Agreement and .•C of Mss Agreement. . This Agreement contain the complete and entire undemanding 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 hrbriooel Agreements. Upon the effective'date of this Agreement,all prior interlocal agreements between the COUNTY and the FIRE DISTRICTS on the same subject shall be terminated. SECTION FIFTEEN;Recording. In accordance with 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 filing in the Official Records Cow County,Florida. the COUNTY and ties FIRE DISTRICTS and Its 9 ," ■ Packet Page-1308- 4/22/2014 16.H.5. 118 _ . . ,..-. OR: 3208 PG: 0845 •IN WITNESS WHEREOF,this Ag ssm.nt was signed,sealed and wNnessed on the os.p.otiws dabs sat forth Wow. : �•NU I1,, BOARD OF COUNTY COMMISSIONER ATTEST' ,.••••••., o,,:',,� COWER COINJTY,FL∎ -IDA Dwigm#J ,Clifk << . ; . t, _ 47 {.. C..... BY Aga \:4dia► At ta t 7 ..> -,1 .r'i Si -alb-03 ..••• `. Dais; iii%MI sa n4 . - NORM NAPLES FIRE CONTROL and ,,' -' RESCU • iA ' l/‘ s.t/.,�•R :tr • G ov y■l", / • .___ GOLDEN L - -RE CONTROL and t•-■ I # -11911 Yilo Till Witness n t/ O ' :71"7 fill c M*Ro�t/ se. rk. vet,� -:r-4,47 , . .ki / pp C .� : R IdSLAND FIRE CONTROL / iriifrAl / , e.r 1' an //ARfd3 Goo rf C' tc.�i a e.._ ;%�� 6-co ! 6.* - • DISTRICT Witness—4n / i /lL Yi/a 41 By: 44_ V,. yiNhas �- • fAlliM3 10 Packet Page-1309- 4/22/2014 16.H.5. 11B OR: 3208 PG: 0846 ,,-.. I.1t%-03 EAST NAPLES ARE CONTROL and RESCUE DISTRICT ("4/.4 0_.W A:ci .•) Mow el- Choke.' ter Data: ATTEST• %% BOARD OF COUNTY COMMISSIONERS ^\gyp, •Nt44*�`hi COWER COUNTY,FLORIDA AS THE • _ . 4ii GOVERNING BOARD OF THE OCF'FOPEE FIRE •,4•, DISTRICT • C �'''11 �'��- otitis ,oQ _ 8-03 .#7*.I.::!t44.9 1111 *74- In;ei• -IDI►ASTHE i n CO !, j OF THE ISLES OF CAPRI •'�i 1 "4 •'.%i 4i '�''` vii- AND FIRE SERVICES Z'r ,: Date:• /-02$'0 3 APPROVED AS TO FROM AND LEGAL SUFFICIENCY: Assistant Fio6a�t zat . .I__:2 �/ N. County Attorney n:aNZNpweemps ooneaa 11 Packet Page-1310- 4/22/2014 16.H.5. 1 1 B 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 Ochops.Firs District,hereinafter referred to as the'Distrbt'. 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 pubic 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,lmmolralse Fire Control and Rescue District, East Naples Fire Control and Rescue District,Ochopee Fire Control District,and Isle of Capri Fire Control District,have entered into an Interlocal Agreement with Collier County,dated:1-28-03 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 interim!Agreement between Collier County and the Fire Districts requires that separate agreements between each Fire District and the East Naples Fire Control end Rescue District be executed for the purpose of Implementing the duties and obligation 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 responsibatiee 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 his/her designee(Fire Marshal,or Fire Inspector, or Fire Code Official)responsible for,and having final authority In his/her respective jurisdiction,in both new and existing construction(§FS 633.121). FIRE DISTRICTS-The individual Fire and Rescue Districts operating within Collier County,including North Naples,Golden Gate,Big Corkscrew island,Immokalee,East Naples,Ochoppee,and Isle of Capri. FIRE CODE-The Collier County Fire Prevention Ordinance,the State Minimum Fire Safety Standards and the State Fire Marshal's Uniform Fire Standard,and arty successor or amendment to the Fire Prevention Ordinance or either set of Fire Standards during the life of this agreement. 1 • Packet Page-1311- 4/22/2014 16.H.5. 11B i6k8 • FIRE SAFETY INSPECTOR-The individual appointed to carry out the function 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 tern as used in this Agreement may refer to the Fire Code Official,the Assistant Fire Code Official,Are Marshal,or Fire Inspector employed by one of the Fire Districts. FIRE CODE OFFICIAL-The individual appointed by the Fin)Districts and employed by the EAST NAPLES FIRE DISTRICT who is responsible tor•. 1. The accurate and timely review of building permit applications,plans and specifications for compliance with the applicable Fire Code and; 2 The performance of statutory functions of the Fire Marshal and Fin Code Official for fire plan review. 3. Providing Collier County with assistance in updating the Fie Codes and related ordinances. 4. Manage and over-see all employees and records of the Fie Code Officials office on a daily basis including time sheets and expenditures. 5. Provide training as needed to office staff and fire district persomel. 6. Present a preliminary budget to the fire chief of each district,and a final annual budget to the Fire Chief of the adrNrtistrath a district or his/her designee. T. Participate as a member of the Collier County Fire Marshals Association. FIRE SERVICE STEERING COMMITTEE—A Florida corporation created 126 day of March 1991 NEW CONSTRUCTION OR CONSTRUCTION•Thew 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 nig the Fire Code Official's office: 1. To employ personnel upon review and approval of the Fire Service Steering Committee; 2. To lease offbe 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 Are 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 of new construction and construction projects for which bung permits have been issued.The District shad 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 Interlocal 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 lees received from Collier County Building Review and Permitting Department • 2 ■•••• Packet Page-1312- 4/22/2014 16.H.5. 16K8 11 .8 were paid for firs Inspections in the District A copy of the County's distribution listing by District shall be provided along with the check and the calculation sheet of the amount being remitted.The EAST NAPLES FIRE DISTRICT which shall distribute that determined portion including any interest to the District.less 1% of the total fees to cover administrative costs.The EAST NAPLES FIRE DISTRICT shall send the fee checks in the appropriate amount to the District within fifteen(15)days of receipt of the fen from the Collier County Building Review and Permitting Department B.Fin Code Official's Office. The funding mechanism for the Fire Code Officials Office is described In the Intertoc al Agreement between Collier County and the Fire Districts,dated 1.28.03.Funds received by the EAST NAPLES FIRE DISTRICT from Collier County for the performance of the duties of the Fin Code Officials office shall first be allocated to the budget of the Fire Core Official's office. The EAST NAPLES FIRE DISTRICT shall create a Fire Code Officials contingency account,in which it shall deposit the funds received from Collier 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 shell be allowed to accumulate in an interest bearing account to an amount equaling twice the current years adopted budget for the Fin 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 Comities 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 Al?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. O.Financial Reporting On a quarterly basis,the East Naples Fire District shall provide the District a quarterly financial status report for the Fire Code Officials Office and on an annual basis s 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 Fee 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 recornmendaticss 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 comminee,and will be considered portable when possible when any change in the administrating district occurs.Fuming shall be from revenue included in a line item on an annual basis in the Fire Code Official's office budget SECTION SEVEN:Fire Cods 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 crests a job description for the Fire Code Official and publicize that job description and the required qualifications for the Firs 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-1313- 4/22/2014 16.H.5. , • 11B • 16K8 • DISTRICT shalt consider the of the committee.The Chief of Its East Naples Fire District may veto the choice of a candidate from the committee,but may not appoint a candidate without the approval of the committee. SECTION EIGHT:Employment,Performance Evaluations,and Disciplinary Action for the Fire Code Olflald'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 shell 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.Al 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 Code Official and related concerns of all Fire Districts shall be taken Into consideration by the EAST NAPLES FIRE DISTRICT during Its evaluation of the Firs 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 commit tee,establish policies,rules and regulations within one(1)year of executing this document for the employees of the Fire Code Ofecat's Office.This package shall be approved by the Steering Committee,and wll 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.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,certilted mail,return receipt requested,postage prepaid,addressed to The following:East Naples Fire Control and Rescue District 4756 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 mall.return receipt requested,postage paid,addressed to the following: Board of County Commissioners of Collier County,Florida as the Governing Body of the Ochopee Fire District, Naples,Florida(zip). Any notice required or made pursuant to this Agreement to Collier County shall be in writing and delivered by hand or by the United States Postal Service,oedllied mall,return receipt requested,postage prepaid, addressed to the following:County Manager,Building F,Collier County Government Center, 3301 E.Tamiarnl Trail,Naples,Florida,34112. 4 Packet Page-1314- 4/22/2014 16.H.5. 1113 1K8 • SECTION ELEVEN:Entire Agreement This Agreement contains the complete and entire understanding of the pertle. SECTION TWELVE:Recording. In accordance with§163.01 (11),Florida Statutes,this Agreement shall be recorded by the Clerk of the Circuit Court In the Official's records of Collier County,Florida. SECTION THIRTEEN:Effective Date. This Agreement shall become effective upon 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 ARE CONTROL and RESCUE DI Witness: , rmen Printed Name: Thames G.Cannon Date: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,Clerk COLLIER COUNT,', FLORIDA AS THE GOVERNING BODY OF THE OCHOPEE : G, ra ^.. FIRE DISTRICT T Henning,Chairman Attest ti • triiert•: b.114.03 stands,{ 'ally; • Approved as to form and legal sufficiency: Rob‘r Assistant County Attorney 5 Packet Page -1315- , 4/22/2014 16.H.5. EXHIBIT C 118 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 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-1316- 4/22/2014 16.H.5. 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-1317- 4/22/2014 16.H.5. 11B ,-.. 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• Is A By: qug. N, to B B . . A' i7.'.7',1,'''''' ..il*puty Clerk TOM HENNING, ..; ;. * Chairm'e n North Naples Fire •ntrol and Rescue District . / 1 / 41 4 ! _,i�,ia- By: iii F Printed fie•e: _Tq,n ps L u2/tE Title: (fAIahiAA] eltJ Witnes App .,'. • • 1 and legality: Jeffre ' Klatzkow Coun. . orney Item D,teda 134Z-14 ittcld a•aHLi u �\ 3 Packet Page-1318-