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