47
NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT BOARD OF FIRE COMMISSIONERS’ MEETING AGENDA (FINAL) THURSDAY, MAY 28, 2020 9:00 A.M. 1885 Veterans Park Drive Naples, FL 34109 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. APPROVAL, ADDITIONS OR DELETIONS TO AGENDA 4. APPROVAL OF MINUTES April 23, 2020 Monthly Meeting 5. CHIEF’S REPORT A. Presentation: Hurricane Preparedness B. Presentation: Brush Fire Season 2020 6. TREASURER’S REPORT 7. LABOR REPORT 8. CONSENT AGENDA Table 1: Expenditures for Board Approval Category Amount General Fund Unbudgeted $120,373 General Fund Budgeted $0 Impact Fee Fund Budgeted $0 Inspection Fund Budgeted $0 Addition of Fixed Assets $0 Deletion of Fixed Assets $74,342 Other $0 Page 1 of 2

NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

  • Upload
    others

  • View
    3

  • Download
    0

Embed Size (px)

Citation preview

Page 1: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT BOARD OF FIRE COMMISSIONERS’ MEETING

AGENDA (FINAL) THURSDAY, MAY 28, 2020 ◼ 9:00 A.M.

1885 Veterans Park Drive ◼ Naples, FL 34109

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. APPROVAL, ADDITIONS OR DELETIONS TO AGENDA

4. APPROVAL OF MINUTES

April 23, 2020 Monthly Meeting

5. CHIEF’S REPORT

A. Presentation: Hurricane Preparedness

B. Presentation: Brush Fire Season 2020

6. TREASURER’S REPORT

7. LABOR REPORT

8. CONSENT AGENDA

Table 1: Expenditures for Board Approval

Category Amount

General Fund Unbudgeted $120,373

General Fund Budgeted $0

Impact Fee Fund Budgeted $0

Inspection Fund Budgeted $0

Addition of Fixed Assets $0

Deletion of Fixed Assets $74,342

Other $0

Page 1 of 2

Page 2: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

• North Collier Fire Control and Rescue District Board of Fire Commissioners’ Meeting Agenda – May 28, 2020

9. OLD BUSINESS

None

10. NEW BUSINESS

A. Request Board Adoption of Resolution 20-004 Approving New Impact Fee Rate Schedule

(TIME SPECIFIC 9:15 AM)

B. Request Board Approval of MOU with Waterside Shops, LLC for Use of Parking Garage

During Hurricane States of Emergency

11. COMMENTS BY COMMISSION AND PUBLIC

12. ADJOURNMENT

Page 2 of 2

Page 3: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT BOARD OF FIRE COMMISSIONERS’ MEETING

MINUTES (DRAFT) THURSDAY, APRIL 23, 2020 ◼ 9:00 A.M.

1885 Veterans Park Drive ◼ Naples, FL 34109

BOARD MEMBERS PRESENT IN PERSON

James Calamari, Christopher Crossan, Christopher Lombardo

BOARD MEMBERS PRESENT TELEPHONICALLY

Jim Burke, Norman Feder

1. CALL TO ORDER

Meeting called to order at 9:07 a.m. by Chairman Lombardo. It was noted that Board was

operating under temporary State of Florida Sunshine Law guidelines allowing for members of

governing bodies to attend telephonically. With five of five commissioners in attendance either

in person or telephonically, a quorum was met.

2. PLEDGE OF ALLEGIANCE

3. APPROVAL, ADDITIONS OR DELECTIONS TO AGENDA

Commissioner Calamari moved to approve agenda as presented. Commissioner Crossan

seconded. MOTION CARRIED 5:0

4. APPROVAL OF MINUTES

A. February 27, 2020 Monthly Meeting

B. March 17, 2020 Emergency Meeting

Commissioner Calamari moved to approve both February 27, 2020 and March 17, 2020 minutes

as presented. Commissioner Crossan seconded. MOTION CARRIED 5:0

5. CHIEF’S REPORT

Verbal reports given by Chief Eloy Ricardo and Chief John McMahon.

6. TREASURER’S REPORT

A. March 26, 2020

B. April 23, 2020

Page 1 of 3

Page 4: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

North Collier Fire Control and Rescue District Board of Fire Commissioners’ Meeting Minutes – April 23, 2020

Commissioner Calamari read prepared statement of highlights for both the March 26, 2020 and

April 23, 2020 Treasurer Reports. Board accepted both reports as presented into record.

7. LABOR REPORT

Verbal report given by Local 2297 Secretary William Szczepkowski.

8. CONSENT AGENDA

Table 1: Expenditures for Board Approval

Category Amount

General Fund Unbudgeted $9,250

General Fund Budgeted $178,569

Impact Fee Fund Budgeted $0

Inspection Fund Budgeted $0

Addition of Fixed Assets $0

Deletion of Fixed Assets $0

Other $0

CFO Ben Van Klingeren, as required by State statute, noted emergency purchase of more than

$25K for bunker gear (budgeted, cycled replacement). Commissioner Calamari moved to

approve Consent Agenda as presented. Commissioner Crossan seconded. MOTION CARRIED 5:0

9. OLD BUSINESS

None

10. NEW BUSINESS

A. Request for Board Adoption of Resolution 20-005 Approving Variance in Firefighters’

Pension Plan Investment Procedures

CFO Van Klingeren gave verbal summary for agenda item. Chairman Lombardo moved to

adopt Resolution 20-005 approving variance in firefighters’ pension plan investment procedures. Commissioner Crossan seconded. MOTION CARRIED 5:0 Board requested Staff

provide periodic pension updates at future meetings.

B. Request for Board Approval for Extension of Case Benefits Consultant Engagement

CFO Van Klingeren gave verbal summary for agenda item. Commissioner Burke moved to

approve extension of Case Benefits consultant agreement as recommended. Commissioner

Crossan seconded. It was noted that agency summary listed current engagement period as

Page 2 of 3

Page 5: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

North Collier Fire Control and Rescue District Board of Fire Commissioners’ Meeting Minutes – April 23, 2020

ending on May 31, 2017 which was incorrect (correct ending date is May 31, 2020). Both

Commissioners Burke and Crossan accepted amendment to motion to include correction of

error. MOTION CARRIED 5:0

C. Request for Board Adoption of Resolution 20-007 Approving Collier County Local Mitigation

Strategy

Executive Director Sal D’Angelo gave verbal summary for agenda item. Commissioner

Calamari moved to adopt Resolution 20-007 to approve Collier County Local Mitigation

Strategy. Commissioner Crossan seconded. MOTION CARRIED 5:0

D. Request for Board Adoption of Resolution 20-008 Approving Updates to District Policies

Deputy Director of HR Dena Rader gave verbal summary for agenda item. Commissioner

Calamari moved to adopt Resolution 20-008 to approve updates to polices. Commissioner

Feder seconded. MOTION CARRIED 5:0

11. COMMENTS BY COMMISSION AND PUBLIC

Board requested Staff provide hurricane preparedness update at May meeting.

12. ADJOURNMENT

Commissioner Feder moved to adjourn meeting. Commissioner Crossan seconded. MOTION

CARRED 5:0 Meeting adjourned at 10:20 a.m.

Page 3 of 3

Page 6: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

• North Collier Fire Control and Rescue District

Board of Fire Commissioners REGULAR MONTHLY MEETING

AGENDA ITEM 6 Meeting Date: May 19, 2020

Prepared By: Chief Financial Officer Ben Van Klingeren

Date Prepared: May 28, 2020

Subject: Treasurer's Report

The following is information for the Treasurer's Report for the May 28, 2020 Board Meeting:

GENERAL FUND Revenue The following is the breakdown of revenue for the period ended April 30, 2020 for the North Naples Service Delivery Area ("NN SDA"), the Big Corkscrew Service ("BC SDA") and North Collier Fire Control & Rescue District. Note that these financial statements reflect the Board approved cost allocation method; per that method, there is no allocation of revenue (except for grant funds) - it remains in the SDA in which it is earned/received.

NN SDA 4/30/2020

% of Budget

BC SDA 4/30/2020

% of Budget

North Collier 4/30/2020

% of Budget

Ad Valorem $ 32,160,617 99.51% $ 6,613,973 98.64% $ 38,774,590 Fees $ 363,054 66.28% $ - 0.00% $ 363,054 Other Revenue $ 850,250 51.17% $ 78,986 34.14% $ 929,236 Total Revenue $ 33,373,921 96.66% $ 6,692,959 95.44% $ 40,066,880 96.45%

Expenses The following is the breakdown of expenses for the period ended April 30, 2020 for NN SDA, BC SDA and the North Collier Fire Control & Rescue District utilizing the cost allocation method approved by the Board. GENERAL FUND, CONT'D

NN SDA 4/30/2020

% of Budget

BC SDA 4/30/2020

% of Budget

North Collier 4/30/2020

% of Budget Expenses

Personnel $ 15,899,202 57.17% $ 2,213,354 57.17% $ 18,112,556 57.17% Operating Debt Service

$ 2,900,783 $ 513,946

54.23% 103.51%

$ 447,703 $ 71,547

60.12% 103.51%

$ 3,348,486 $ 585,493

54.95% 103.51%

Capital Transfer Out to Impact Fund

$ 349,645 13.78% $ 48,675 13.78% $ 398,320 13.78%

$ - 0.00% $ - 0.00% $ - 0.00% Total Expenses $ 19,663,576 54.33% $ 2,781,279 55.20% $ 22,444,855 54.44%

It should be noted that there are four general types of expenditures in terms of payment impact on the fiscal year:

1. Those that are paid monthly at fairly regular and predictable monthly intervals. 2. Those that are paid quarterly or annually so are not reflected in an appropriate percentage. 3. Those that are based on unpredictable need, such as building, equipment or vehicle repairs. 4. Items that were budgeted in the prior year, but were not received or invoiced until this year.

Page 1 of 2

Page 7: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

Based on these payment type exceptions, accrual or prepayment adjustments can be made to the actual expenditures, and an adjusted percent of budget determined.

When these adjustments are made, year-to-date expenditures as a percentage of budgeted expenditures, by category, are as follows:

Adj Amt. - North Adj. % Collier of Budget

Personnel $ 17,800,074 56.19% Operational $ 2,956,071 48.51%

Debt Service $ 329,949 58.33% Capital $ 398,320 13.78%

Transfer Out to Impact Fund $ - 0.00% Total $ 21,484,414 52.11%

As identified above, when adjustments are made to the actual expenses based on known prepaid and accrual adjustments, General Fund expenses are at 52%, which is appropriate for this time of year since we have completed 58.3% (7/12) of the fiscal year.

General Fund Comparison with Prior Year: Included with the General Fund Financial Statement is a comparison to April 2019 of each service delivery area, noting the percentage of variance. In brief, total revenue in the NN SDA comparison reflects a variance of 3% which is in line with the budget. Expenses reflect a variance of 5%.

In the Big Corkscrew SDA, a variance in revenue of 17% is reflected due to the timing of Ad Valorem received. Expenses reflect a variance of -22% primarily due to a lower Chapter 175 retirement payment made in December compared to FY18-19.

IMPACT FEE FUND - Comparison with Budget

As of April 30, 2020, total revenue received is $576,229 or 110% of the annual budget. Expenses are at 103% of budget for the year due to the annual debt service payment in October and 100% of budgeted collection fees expense due to early revenue receipts.

INSPECTION/PLAN REVIEW FEE FUND - Comparison with Budget

Revenue As of April 30, 2020, total revenue received is $870,742 or 42% of budgeted revenue.

Expenses Expenses total $1,092,066 or 54% of the total budget. This is appropriate for this time of year since we have completed 58% (7/12) of the fiscal year.

Page 2 of 2

Page 8: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

• North Collier Fire Control and Rescue District

Board of Fire Commissioners

REGULAR MONTHLY MEETING

AGENDA ITEM 8

Meeting Date: May 28, 2020

Prepared By: Chief Financial Officer Ben Van Klingeren

Date Prepared: May 20, 2020

Subject: Consent Agenda

GENERAL FUND

General Fund (Unbudgeted) N/A

TOTAL GENERAL FUND UN-BUDGETED $ -

General Fund (Budgeted)

1 Item Description: St. 42 - Repavement (driveway)

Requested By: Dale Wohlers, Director of Facilities

G/L Account: 001-5220-062-106

Budget Line: GF - 160

Budget Line Amount (NCFR) $ 891,601

Available Line $ 814,929

Bids/Quotes:

Bid #1: American Services $ 43,000.00

Bid #2: n/a $ - Vendor #2 - did not submit bid

Bid #3: n/a $ - Vendor #3 - did not submit bid

Bid #4: n/a $ - Vendor #4 - did not submit bid

Waive Bidding Policy? Yes Reason: Sole respondant

Recommendation: American Services $ 43,000

2 Item Description: Dell Desktops (qty: 15) - annual replacements / operations

Requested By: Eric Bocock, Network Administrator

G/L Account: 001-5220-051-105

Budget Line: GF - 101

Budget Line Amount (NCFR) $ 625,696

Available Line $ 270,479

Bids/Quotes:

Bid #1: Dell $ 12,913.00

Bid #2: GHA Technologies, Inc. $ 14,027.70

Bid #3: CDW-G $ 14,026.95

Waive Bidding Policy? No Reason:

Recommendation: Dell $ 12,913

Page 1 of 3

Page 9: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required by NFPA 1851)

Requested By: Kris Thomas, Battalion Chief Logistics

G/L Account: 001-5220-052-100

Budget Line: GF - 106

Budget Line Amount (NCFR) $ 109,380

Available Line $ 92,063

Bids/Quotes:

Bid #1: Done Right Fire Gear Repair $ 35,600.00

Bid #2: n/a $ -

Bid #3: n/a $ -

Waive Bidding Policy? yes Reason: Sole Source - only vendor to clean onsite

Recommendation: Done Right Fire Gear Repair $ 35,600

4 Item Description: Super Vac (Battery Powered 16" PPV) (qty: 4)

Requested By: Shane Brinson, Captain - Logistics

G/L Account: 001-5220-064-001

Budget Line: GF - 161

Budget Line Amount (NCFR) $ 144,349

Available Line $ 96,807

Bids/Quotes:

Bid #1: MECO $ 12,980.00

Bid #2: Ten-8 Fire Equipment $ 14,239.04

Bid #3: n/a $ - (3rd quote unavailable)

Waive Bidding Policy? No Reason: N/A

Recommendation: MECO $ 12,980

5 Item Description: FLIR K33 (Thermal Imaging Camera) (qty: 5) w/ truck mounts

Requested By: Shane Brinson, Captain - Logistics

G/L Account: 001-5220-064-001

Budget Line: GF - 161

Budget Line Amount (NCFR) $ 144,349

Available Line $ 96,807

Bids/Quotes:

Bid #1: TEAM Equipment $ 15,880.00

Bid #2: Fire End $ 16,225.00

Bid #3: Flir.com $ 16,225.00

Waive Bidding Policy? Yes Reason: Service contract renewal

Recommendation: TEAM Equipment

TOTAL GENERAL FUND BUDGETED

$

$

15,880

120,373

IMPACT FEE FUND (NONE)

TOTAL IMPACT FEE FUND BUDGETED $ -

INSPECTION/PLAN REVIEW FEE FUND (NONE)

TOTAL INSPECTION FUND BUDGETED $ -

Page 2 of 3

Page 10: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

ADDITION OF FIXED ASSETS (NONE)

TOTAL ADDITION OF FIXED ASSETS $ -

DELETION OF FIXED ASSETS

Asset Category: Firefighter Equipment

Asset I.D. Number: various (see attachment - #4 through #19) - 16 total

Description: SCBA - Pack

Cost: $4,345.21 / each

Reason for Deletion: Will be traded to MES for same SCBA's to be used throughout the District

Intended Disposal: Traded

Additional Information:

Original Cost $ 69,523

Est Net Book Value $ -

Asset Category: Furniture, Fixtures, Equipment

Asset I.D. Number: various (see attachment - #1 through #3) - 3 total

Description: Honda Generators (2) and Ice Maker

Cost: $1,150 x 2 / $2,519

Reason for Deletion: Generators - No longer work / Ice Maker - has been replaced

Intended Disposal: Scrapped

Additional Information:

Original Cost $ 4,819

Est Net Book Value $ -

TOTAL DELETION OF FIXED ASSETS (original cost) $ 74,342

TOTAL DELETION OF FIXED ASSETS (NET BOOK VALUE) $ -

OTHER

1 n/a $ -

2 n/a $ -

TOTAL - OTHER $ -

Page 3 of 3

Page 11: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

North Collier Fire Control and Rescue District Board of Fire Commissioners

REGULAR MONTHLY MEETING

AGENDA ITEM 10A

Meeting Date: May 28, 2020

Prepared by: Chief Financial Officer Ben Van Klingeren

Date Prepared: March 14, 2020

Subject: Request for Board Approval of Revised Impact Fee Indexing Methodology and Adoption of Resolution 20-004 Providing for New Impact Fee Rates Commencing October 1, 2020

Objective Obtain approval of revised Impact Fee indexing methodology by adopting Resolution 20-004 providing for new Impact Fee rates commencing October 1, 2020.

Background Information The District updated its impact fee structure in 2015 (commencement with the merger) with the guidance and consulting knowledge of Tindale Oliver, whose firm offers a broad range of expertise in transportation, community planning and design, transit, including Impact Fee studies. Since then, the Board unanimously voted to move forward with a 6% rate increase via Resolution 18-004 (again, Tindale Oliver provided the report to support the 6% rate increase). The aforementioned rate increase took effect October 1, 2018. At the March 13, 2019 Board Meeting, the Board of Fire Commissioners unanimously approved (4-0) to move forward with the Tindale Oliver Fire Impact Fee Indexing Methodology to increase the District’s schedule of impact fee rates by 3.8%. The Board then unanimously approved the new rate structure by adopting Resolution 19-004 at the April 10, 2019 Commission meeting.

As stated by the summary report in attachment 1, page 1, “The methodology used to update the fire impact fee is a consumption-based impact fee methodology, which has also been used to calculate the current adopted fire impact fee for the District as well as several fire/EMS impact fees throughout Florida, including, but not limited to, fees in Collier, Orange, Palm Beach, Indian River and Brevard Counties. A consumption-based impact fee is intended to charge new growth the proportionate share of cost associated with providing fire rescue facilities available for use by new growth. The demand component of the District’s current fire impact fee uses a population-based approach. Per the request of the District, this current update study utilizes an incident-based approach for the demand component.”

Table 10 of the report provides a Fire Impact Fee comparison summarizing the differences due to the new methodology.

Considerations Adoption of Resolution 20-004 provides ample time to comply with Florida State Statutes’ Florida Impact Fee Act requiring a 90-day notice to local taxpayers. Moreover, this provides ample time to discuss with our building community partners the rate increase prior to the October 1, 2020 implementation date.

Page 1 of 2

Page 12: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

• North Collier Fire Control and Rescue District

Board of Fire Commissioners REGULAR MONTHLY MEETING

AGENDA ITEM 10A

Fiscal Impact The District estimates to collect an additional $884,456 in impact fees during the 2020/2021 fiscal year, which equates to a 90% increase from the current year. (See Attachment 2: Impact Fee Revenue Comparison).

Recommendation Staff recommends the Board adopt Resolution 20-004 to approve the revised Impact Fee indexing methodology and provide for new Impact Fee rates commencing October 1, 2020.

Attachments: Attachment 1: Resolution 20-004 Attachment 2: Fire Impact Fee Final Report – Tindale Oliver Attachment 3: Impact Fee Revenue Comparison – Tindale Oliver

Proposed Motion: Approve the revised Impact Fee indexing methodology as presented and adopt Resolution 20-004 providing for new Impact Fee rates commencing October 1, 2020.

Page 2 of 2

Page 13: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

• ATTACHMENT 1

RESOLUTION 20-004

A RESOLUTION OF THE NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT, COLLIER

COUNTY, FLORIDA; ADOPTING FINDINGS AND RECOMMENDATIONS SET FORTH IN

UPDATED IMPACT FEE STUDY INFORMATION; ESTABLISHING A NEW SCHEDULE OF

IMPACT FEE RATES FOR NEW CONSTRUCTION FOR THE FISCAL YEAR 2020-2021;

PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, impact fees are a funding mechanism that a local government may utilize to

pay for public improvements that are necessary to serve new growth;

WHEREAS, in order to be constitutional, impact fees must satisfy a dual rational nexus

test, which requires a local government to show a reasonable nexus between the local

government’s need for additional capital facilities and the new construction and that a

special benefit is conferred upon the fee payers; and

WHEREAS, Subsection 8 of section 6 of the North Collier Fire Control and Rescue

District’s Charter within section 3 of chapter 2015-191, Laws of Florida, authorizes the

North Collier Fire Control and Rescue District to assess impact fees for capital

improvements on new construction within its boundaries; and

WHEREAS, the calculation of impact fee rates assessed effective for the 2020-2021 fiscal

year will be based upon the most recent and localized data, as evidenced by the North

Collier Fire Control & Rescue District Fire Impact Fee Update Study Final Report dated

March 13, 2020; and

WHEREAS, the accounting of the impact fee revenues and expenditures are provided for

and reported in a separate and segregated special revenue fund entitled Impact Fee

Fund; and

WHEREAS, Collier County collects the impact fees for the North Collier Fire Control and

Rescue District and charges an administrative fee to cover Collier County’s actual costs

of such collection, pursuant to interlocal agreements dated September 25, 1990 and

December 13, 2005; and

WHEREAS, to promote efficiency with Collier County in its collection of the North Collier

Fire Control and Rescue District’s impact fees, this resolution includes impact fee land

Page 14: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

Resolution 20-004 May 28, 2020 Page 2 of 5

use categories that are consistent with Collier County’s impact fee land use categories

as well other collection procedures; and

WHEREAS, Section 163.31801, Florida Statutes (2019), requires that notice be provided

no less than ninety (90) days before the resolution may take effect since it is imposing

an increased impact fee, and upon approval of this resolution and at least 90 days prior

to October 1, 2020, District staff shall ensure publication of notice as required by Florida

law; and

WHEREAS, upon the timely publication of notice, the impact fees adopted by the Board

of Fire Commissioners of the North Collier Fire Control and Rescue District for the 2020-

2021 fiscal year are imposed in compliance with Section 163.31801, Florida Statutes

(2019).

NOW, THEREFORE, BE IT RESOLVED by the BOARD OF FIRE COMMISSIONERS OF THE

NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT of Collier County Florida, that:

Section 1. The above recitals are true and correct, and are fully incorporated herein.

Section 2. The North Collier Fire Control and Rescue District hereby adopts and

incorporates the North Collier Fire Control & Rescue District Fire Impact Fee Update

Study Final Report dated March 13, 2020, attached in its entirety as Exhibit A, including

the assumptions, conclusions and findings in the study.

Section 3. This resolution shall be applicable within the entirety of the North Collier

Fire Control and Rescue District.

Section 4. The North Collier Fire Control and Rescue District hereby adopts the

following schedule of impact fee charges upon new construction to be used for capital

improvements that are necessary to serve new growth in accordance with Florida law:

Land Use Unit Total Impact Fee

Residential sf $0.17

Non-Residential sf $1.85

2

Page 15: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

Resolution 20-004 May 28, 2020 Page 3 of 5

Section 5. The following terms shall have the below meanings:

Section 6. In the event a development is a mixed use development, the impact fee

shall be calculated based upon each separate impact fee land use category included in

the proposed mixed use development as set forth in Section 4.

Section 7. In the event a development involves a land use not contemplated under

the impact fee land use categories set forth in Section 4, the impact fee shall be

calculated using the appropriate impact fees methodologies contained in the North

Collier Fire Control & Rescue District Fire Impact Fee Update Study Final Report dated

March 13, 2020. The impact fee rate calculation shall be determined by using variables

applicable to the most similar land use categories in the applicable impact fee rate

schedules.

Section 8. If a conventional building permit for the development is not required

(e.g., golf course, park, change of use, etc.), then the impact fee shall be paid prior to

the occurrence of any one of the following events, whichever occurs first:

(1) The date when the first certificate of occupancy has been issued for any building

or structure accessory to the principle use or structure of the development; or

(2) The date when the first certificate of occupancy is issued for the first non-

accessory building or non-accessory structure to be used by any part of the

development; or

(3) The date when a final development order, final development permit or other

final authorization is issued authorizing construction of a parking facility for any portion

of the development; or

(4) The date when a final development order, final development permit or other

final approval is issued for any part of the development in instances where no further

building permit is required for that part of the development; or

(5) The date when any part of the development opens for business or goes into use.

Section 9. Impact fees shall be collected and kept separate from other North Collier

Fire Control and Rescue District revenues and used exclusively in the manner provided

3

Page 16: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

Resolution 20-004 May 28, 2020 Page 4 of 5

for under applicable Florida Law, including Sections 163.31801 and 191.009, Florida

Statutes, and Chapter 2015-191, Laws of Florida.

Section 10. No reduction in the assessed impact fee charge is authorized.

Section 11. If any section, subsection, sentence, clause or provision of this

resolution is held invalid, the remainder of the resolution shall not be affected.

Section 12. This resolution shall take effect on October 1, 2020.

This Resolution shall be effective immediately upon adoption.

The foregoing Resolution was offered by Commissioner _________, who moved its

adoption.

The motion was seconded by Commissioner _____________, and the Vote was as

follows:

Commissioner Vote

Commissioner M. James Burke

Commissioner James A. Calamari

Commissioner Christopher L. Crossan

Commissioner Norman E. Feder

Commissioner J. Christopher Lombardo

Duly passed on this 28th day of May, 2020 by the Board of Fire Commissioners of the

North Collier Fire Control and Rescue District.

4

Page 17: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

Resolution 20-004 May 28, 2020 Page 5 of 5

NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT

M. James Burke

James A. Calamari

Christopher L. Crossan

Norman E. Feder

J. Christopher Lombardo

5

Page 18: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

lindale ~ Oliver planning I design I engineering

ATTACHMENT 2

North Collier Fire Control &

Rescue District Fire Impact Fee Update Study

Final Report March 13, 2020

Prepared for:

North Collier Fire Control & Rescue

District (NCFCRD)

1885 Veterans Park Drive

Naples, FL 34109

(239) 597-3222

Prepared by:

Tindale Oliver

1000 N. Ashley Dr., #400

Tampa, Florida, 33602

ph (813) 224-8862

fax (813) 226-2106

E-mail: [email protected]

Page 19: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

North Collier Fire Control & Rescue District

Fire Impact Fee Update Study

Table of Contents

INTRODUCTION ................................................................................................. 1

FACILITY INVENTORY ......................................................................................... 5

SERVICE AREA .................................................................................................... 8

LEVEL OF SERVICE .............................................................................................. 8

COST COMPONENT ............................................................................................ 9

CREDIT COMPONENT ......................................................................................... 10

NET IMPACT COST.............................................................................................. 13

DEMAND COMPONENT...................................................................................... 14

CALCULATED FIRE IMPACT FEE SCHEDULE .......................................................... 15

IMPACT FEE SCHEDULE COMPARISON ................................................................ 15

Appendix A: Building and Land Analysis -- Supplemental Information

Tindale Oliver North Collier FCRD March 2020 i Fire Impact Fee Study

Page 20: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

Introduction

Fire impact fees are used to fund capital expansion projects for fire rescue service related

facilities, land, vehicles and capital equipment required to support the additional demand

created by new growth. The North Collier Fire Control and Rescue District (NCFCRD) was formed

in 2015 after the merging of two independent fire stations, the North Naples Fire District (NN)

and Big Corkscrew Island Fire District (BCI). The District last updated its fire impact fee study in

2015 after its formation. Given the changes to impact fee variables and to comply with legal

requirements, NCFCRD retained Tindale Oliver (TO) to prepare an update study to reflect changes

to the cost, credit, and demand components since the last technical study.

It should be noted that figures included in this study reflect data collected and analysis completed

by September 2019, unless otherwise noted in this report.

Methodology

The methodology used to update the fire impact fee is a consumption-based impact fee

methodology, which has also been used to calculate the current adopted fire impact fee for the

District as well as several fire/EMS impact fees throughout Florida, including, but not limited to,

fees in Collier, Orange, Palm Beach, Indian River and Brevard Counties. A consumption-based

impact fee is intended to charge new growth the proportionate share of cost associated with

providing fire rescue facilities available for use by new growth. The demand component of the

District’s current fire impact fee uses a population-based approach. Per the request of the

District, this current update study utilizes an incident-based approach for the demand

component.

Legal Standard Overview

In Florida, legal requirements related to impact fees have primarily been established through

case law since the 1980’s. Impact fees must comply with the “dual rational nexus” test, which

requires that they:

• Be supported by a study demonstrating that the fees are proportionate in amount to the

need created by new development paying the fee; and

• Be spent in a manner that directs a proportionate benefit to new development, typically

accomplished through establishment of benefit districts (if needed) and a list of capacity-

Tindale Oliver North Collier FCRD March 2020 1 Fire Impact Fee Study

Page 21: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

adding projects included in the City’s Capital Improvement Plan, Capital Improvement

Element, or another planning document/Master Plan.

In 2006, the Florida legislature passed the “Florida Impact Fee Act,” which recognized impact fees

as “an outgrowth of home rule power of a local government to provide certain services within its

jurisdiction.” § 163.31801(2), Fla. Stat. The statute – concerned with mostly procedural and

methodological limitations – did not expressly allow or disallow any particular public facility type

from being funded with impact fees. The Act did specify procedural and methodological

prerequisites, such as the requirement of the fee being based on most recent and localized data,

a 90-day requirement for fee changes, and other similar requirements, most of which were

common to the practice already.

More recent legislation further affected the impact fee framework in Florida, including the

following:

• HB 227 in 2009: The Florida legislation statutorily clarified that in any action challenging

an impact fee, the government has the burden of proving by a preponderance of the

evidence that the imposition or amount of the fee meets the requirements of state legal

precedent or the Impact Fee Act and that the court may not use a deferential standard.

• SB 360 in 2009: Allowed fees to be decreased without the 90-day notice period required

to increase the fees and purported to change the standard of legal review associated with

impact fees. SB 360 also required the Florida Department of Community Affairs (now the

Department of Economic Opportunity) and Florida Department of Transportation (FDOT)

to conduct studies on “mobility fees,” which were completed in 2010.

• HB 7207 in 2011: Required a dollar-for-dollar credit, for purposes of concurrency

compliance, for impact fees paid and other concurrency mitigation required.

• HB 319 in 2013: Applied mostly to concurrency management authorities, but also

encouraged local governments to adopt alternative mobility systems using a series of

tools identified in section 163.31801 (5)(f), Florida Statutes.

• HB 207 in 2019: Included the following changes to the Impact Fee Act along with

additional clarifying language:

1. Impact fees cannot be collected prior to building permit issuance; and

2. Impact fee revenues cannot be used to pay debt service for previously approved

projects unless the expenditure is reasonably connected to, or has a rational nexus

with, the increased impact generated by the new residential and commercial

construction.

Tindale Oliver North Collier FCRD March 2020 2 Fire Impact Fee Study

Page 22: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

• HB 7103 in 2019: Addressed multiple issues related to affordable housing/linkage fees,

impact fees, and building services fees. In terms of impact fees, the bill required that

when local governments increase their impact fees, the outstanding impact fee credits

for developer contributions should also be increased. This requirement will operate

prospectively. This bill also allowed local governments to waive/reduce impact fees for

affordable housing projects without having to offset the associated revenue loss.

The following paragraphs provide further detail on the legal standards applicable here.

Impact Fee Definition

• An impact fee is a one-time capital charge levied against new development.

• An impact fee is designed to cover the portion of the capital costs of infrastructure

capacity consumed by new development.

• The principle purpose of an impact fee is to assist in funding the implementation of

projects identified in the Capital Improvements Element (CIE) and other capital

improvement programs for the respective facility/service categories.

Impact Fee vs. Tax

• An impact fee is generally regarded as a regulatory function established based upon the

specific benefit to the user related to a given infrastructure type and is not established

for the primary purpose of generating revenue for the general benefit of the community,

as are taxes.

• Impact fee expenditures must convey a proportional benefit to the fee payer. This is

accomplished through the establishment of benefit districts, where fees collected in a

benefit district are spent in the same benefit district. In the case of fire impact fees, due

to fire stations’ ability to provide support to each other, typically a single benefit district

that includes the entire service-area is used, unless there are significant geographic or

man-made barriers that prevent facilities/equipment in certain sections of a service area

from assisting others.

• An impact fee must be tied to a proportional need for new infrastructure capacity created

by new development.

This technical report has been prepared to support legal compliance with existing case law and

statutory requirements and documents the methodology used for impact fee calculations for

each fee in the following sections, including an evaluation of the inventory, service area, level of

service (LOS), cost, credit, and demand components. Information supporting this analysis was

Tindale Oliver North Collier FCRD March 2020 3 Fire Impact Fee Study

Page 23: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

obtained from the District and other sources, as indicated. The study methodology is

documented in the following sections of this technical report:

• Facility Inventory

• Service Area

• Level of Service

• Cost Component

• Credit Component

• Demand Component

• Calculated Fire Impact Fee Schedule

• Impact Fee Schedule Comparison

These various elements are summarized in the remainder of this report, with the result being the

calculated fire impact fee schedule.

Tindale Oliver North Collier FCRD March 2020 4 Fire Impact Fee Study

Page 24: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

Facility Inventory

According to information provided by the NCFCRD, the District owns and operates 10 stations to

provide fire rescue related services.

Table 1 shows a summary of the NCFCRD building inventory included in the impact fee

calculations. As presented, the inventory includes a total of approximately 120,000 square feet

of building space and approximately 84 total acres of land. Although a total of 84 acres is

associated with fire rescue stations and ancillary buildings, some of these buildings are co-located

with other non-fire related structures on a given parcel. To account for that, the total building

square footage on each parcel is reviewed to determine a ratio of acres per square foot of

building for each parcel. Then, the portion of the acreage associated with the buildings providing

fire rescue services is calculated and included in the inventory. This adjusted acreage figure

results in a total of 77 acres owned by the District that are being used for fire facilities.

An important part of the impact fee calculations involves determining the current value of the

capital assets. To determine the building value, Tindale Oliver reviewed cost of recently built fire

stations by other Florida fire departments/districts, insurance values of existing stations, and any

estimates for future fire stations provided by the District. This analysis resulted in a cost estimate

of $315 per square foot for fire stations. Further detail on this estimate is provided in Appendix

A.

Land values were determined through a review of the following:

• The market value of parcels where the current fire stations are located, obtained from

the Collier County Property Appraiser’s database;

• Most recent land purchases for future fire stations;

• Vacant land sales and market values of all vacant land of similar size parcels in NCFCRD;

and

• Changes in land value trends in Collier County since the last study.

Based upon this information and review, the land value is estimated at $100,000 per acre for

impact fee calculations.

Appendix A provides more detailed information on the land value analysis conducted.

Tindale Oliver North Collier FCRD March 2020 5 Fire Impact Fee Study

Page 25: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

Table 1

North Collier FCRD Land and Building Inventory (1)

Facility AddressYear Built/

Acquired

Number of

Bays

Square

Footage(2)

Total Square Footage

on Site(3) Total Acres(4) Acres per 1,000 sf

of Building Space(5) NCFCRD Acres(6) Building

Value(7) Land Value(8) Total Building and

Land Value(9)

Station 10 13240 Immokalee Road 1986 3 5,300 11,151 2.31 0.207 1.10 $1,669,500 $110,000 $1,779,500

Station 12 21520 Immokalee Road 2003 4 5,716 5,716 4.07 0.712 4.07 $1,800,540 $407,000 $2,207,540

Station 40 1441 Pine Ridge Road 1984 3 9,842 9,842 1.05 0.107 1.05 $3,100,230 $105,000 $3,205,230

Station 42(10) 7010 Immokalee Road 1989 3 4,673 7,173 1.29 N/A 1.29 $1,471,995 $129,000 $1,600,995

Station 43 16325 Vanderbilt Drive 1993 3 7,633 7,633 1.26 0.165 1.26 $2,404,395 $126,000 $2,530,395

Station 44(11) 8970 Hammock Oak Drive 1995 4 10,786 N/A 3.63 N/A N/A $3,397,590 N/A $3,397,590

Station 45 1885 Veterans Park Drive 1999 3 22,782 22,782 6.94 0.305 6.94 $7,176,330 $694,000 $7,870,330

Station 46 3410 Pine Ridge Road 2000 2 6,535 6,535 4.25 0.650 4.25 $2,058,525 $425,000 $2,483,525

Station 47(12) 2795 N. Airport Road 2004 3 3,177 9,531 1.50 0.157 0.50 $1,000,755 $50,000 $1,050,755

Station 48 16280 Livingston Rd. 2015 3 18,462 18,462 3.28 0.178 3.28 $5,815,530 $328,000 $6,143,530

Admin Building 13250 Immokalee Road 2005 N/A 3,335 11,151 2.31 0.207 0.69 $1,050,525 $69,000 $1,119,525

Support Facility - Old Station 11 18665 Immokalee Road 1977 3 3,200 3,200 4.02 1.256 4.02 $752,000 $402,000 $1,154,000

Support Services/Fire Prevention 6495 Taylor Road 2006 N/A 18,237 18,237 1.60 0.088 1.60 $4,285,695 $160,000 $4,445,695

Land for Future Station (Steel) - St. 411 1121 Sun Century Rd 2006 N/A N/A 10,523 1.60 N/A 1.60 N/A $160,000 $160,000

Vacant Land Center Lane 1985 N/A N/A N/A 1.01 N/A 1.01 N/A $101,000 $101,000

Vacant Land 925 Oakes Blvd. 2006 N/A N/A N/A 3.66 N/A 3.66 N/A $366,000 $366,000

Vacant Land 1941 Pine Ridge Road 2004 N/A N/A N/A 1.78 N/A 1.78 N/A $178,000 $178,000

Vacant Land 24th Ave NE (S of Admin Bldg) 2000 N/A N/A NA 5.00 N/A 5.00 N/A $500,000 $500,000

Vacant Land 4625 22nd Ave NE 2006 N/A N/A NA 1.54 N/A 1.54 N/A $154,000 $154,000

Vacant Land Adjacent to 4625 22nd Ave NE 2006 N/A N/A NA 2.89 N/A 2.89 N/A $289,000 $289,000

Vacant Land 5605 Kathleen Court 2004 N/A N/A N/A 0.65 N/A 0.65 N/A $65,000 $65,000

Vacant Land 5604 Kathleen Court 2004 N/A N/A N/A 0.66 N/A 0.66 N/A $66,000 $66,000

Vacant Land St. 49 815 Nursery Lane 2009 N/A N/A N/A 11.14 N/A 11.14 N/A $1,114,000 $1,114,000

Vacant Land St. 49 810 Nursery Lane 2008 N/A N/A N/A 7.97 N/A 7.97 N/A $797,000 $797,000

Vacant Land - future station site Immokalee Road ("Royal Watch") 2016 N/A N/A N/A 8.55 N/A 8.55 N/A $855,000 $855,000

119,678 141,936 83.96 76.50 $35,983,610 $7,650,000 $43,633,610

$301 - -

$100,000 -

Total

Building Value per Square Foot(13)

Land Value per Acre(14)

1) Source: North Collier Fire Control and Rescue District 2) Square footage of the indicated facility 3) Square footage of all buildings on a given parcel 4) Acreage of the parcel where the facility is located. In some cases, this acreage includes other buildings. 5) Acres (Item 4) divided by the total square footage (Item 3) multiplied by 1,000. 6) Acres per 1,000 square feet of building space (Item 5) is multiplied by square feet of the facility (Item 2) divided by 1,000. 7) Building square footage (Item 2) multiplied by the estimated value per square foot of $315 for fire stations, $235 for other buildings. Appendix A provides further

information. 8) NCFCRD acres (Item 6) multiplied by the estimated land value per acre (Item 14) 9) Sum of building and land value (Items 7 and 8) 10) Approximately 2,500 square feet of this building is used by Collier County as an EMS station, but the entire parcel is owned by NCFCRD. 11) Land is owned by the Collier County. 12) Joint facility with Collier County and East Naples Fire District. NCFCRD uses approximately one-third of the building. 13) Total building value (Item 7) divided by square feet (Item 2) 14) Source: Appendix A

Tindale Oliver North Collier FCRD March 2020 6 Fire Impact Fee Study

Page 26: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

In addition to the land and buildings inventory, NCFCRD also has the necessary equipment and

vehicles to perform its fire services duties. Table 2 summarizes the equipment and vehicle

inventory needed for a new station. As shown, the asset value of fire services related equipment

and vehicles is estimated at $1.7 million per station.

Table 2

North Collier FCRD Vehicle and Equipment Value

Description(1) Units(1) Total Asset Value(1)

Fire Engine/Pumper 1 $605,000

Tower/Ladder Truck 1 $366,666

Squad or Quick Response Vehicle (1/3 cost - 1 in 3 stations has a Squad or quick response vehicle) 1 $75,405

BC Vehicle (3/10 Cost - 3 in 10 stations has a BC vehicle that is shared) 1 $17,002

Special Response ATV (4/10 cost - 4 in 10 stations have an ATV, allocated one in the East and three in the West) 1 $4,800

Boat (4/10 cost - 4 in 10 stations has a boat, allocated one in the East and three in the West) 1 $1,600

Station Furniture, Fixtures, Appliances 1 $97,500

Station Equipment (Fitness, Operating) 1 $65,737

Protective Gear 9 $22,500

Mobile Data Terminals (Computers in Apparatus) 20 $97,600

Thermal Imagining Cameras 1 $6,025

Extrication Tools (Hurst Hydraulics) 13 $31,021

SCBA Cylinders and Packs 10 $53,452

Communication Equipment (Repeater, Base Radios, Mobile Radios, Fiber Optics)10 Portables, 1

repeater, 1 base$74,999

Medical Equipment 3 $92,000

MAKO System 1/10 of cost $4,200

Computer Network Servers 1 $28,054

Computer Network Hardware (routers, etc.) 1 $52,000

$1,695,561Total Asset Value per Station

1) Source: North Collier Fire Control and Rescue District

Tindale Oliver North Collier FCRD March 2020 7 Fire Impact Fee Study

Page 27: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

Service Area

NCFCRD provides fire rescue services in a 264-square mile area that includes coastal beach,

urban and rural residential/non-residential structures and uninhabited wildlands. The District

was formed in the portion of unincorporated county that was formerly the Big Corkscrew Island

(BCI) and North Naples (NN) Fire Districts. Given the ability of stations to support each other,

the proper benefit district for the provision of fire services is the entire NNFCRD.

Level of Service

Although fire departments measure level of service in terms of response time, for impact fee

calculation purposes, the current level of service (LOS) is calculated based on annual incidents

per station as presented in Table 3.

Table 3

Level of Service (2019)

Variable Figure

Number of Stations(1) 10

Average Annual Number of Incidents (2017-2019)(2) 18,832

LOS (Incidents per Station)(3)

1,8831) Source: Table 1 2) Source: North Collier FCRD. Average number of incidents between (2017-

2019). June through December for 2019 was estimated based on average monthly incidents from January to May.

3) Average number of incidents (Item 2) divided by the number of stations (Item 1)

Tindale Oliver North Collier FCRD March 2020 8 Fire Impact Fee Study

Page 28: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

Cost Component

The cost component of the study evaluates the cost of all capital items, including buildings, land

and equipment/vehicles. Table 4 provides a summary of all capital costs, which amounts to

approximately $60.6 million. Also shown within Table 4 is the total impact cost per incident for

NCFCRD at $3,217 per incident.

Table 4

Total Impact Cost

Variable FigurePercent of

Total(9)

Building Value(1) $35,983,610 59%

Land Value(2) $7,650,000 13%

Vehicle and Equipment Value(3)

$16,955,610 28%

Total Asset Value(4)

$60,589,220 100%

Number of Stations(5)

10

Cost per Station(6)

$6,058,922

Annual Average Number of Incidents(7)

18,832

Total Impact Cost per Incident(8)

$3,217.351) Source: Table 1 2) Source: Table 1 3) Source: Table 2 4) Sum of building value (Item 1), land value (Item 2), and vehicle and equipment

value (Item 3) 5) Source: Table 3 6) Total asset value (Item 4) divided by the number of stations (Item 5) 7) Source: Table 3 8) Total asset value (Item 4) divided by the annual average number of incidents (Item

7) 9) Distribution of building, land, vehicle and equipment values

Tindale Oliver North Collier FCRD March 2020 9 Fire Impact Fee Study

Page 29: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

Credit Component

To avoid overcharging new development for the fire impact fee, a review of the capital financing

program for fire facilities and capital assets was completed. The purpose of this review was to

determine any non-impact fee revenue generated by new development that is being used for

capital facility (buildings, land, vehicles and equipment) expansion of the fire rescue program.

Revenue credits would then apply against the cost per resident and cost per incident so that new

development is not charged twice for capital expansion projects.

Capital Expansion “Cash” Credit

An analysis of the historical fire expenditures for the five-year period from 2014 through 2018

was completed. Based on the information provided by NCFCRD, the only funding source, other

than impact fees, is the property tax.

Table 5 summarizes capital expenditures for the last five fiscal years. The capital improvement

credits per incident were calculated using the average capital expansion expenditures during the

same time period. As presented, the result is an annual capital expansion credit of $14.53 per

incident.

The payments are adjusted to account for the fact the new homes tend to have higher value than

the average of all existing homes and pay higher property taxes per dwelling unit. This

adjustment factor was estimated based on a comparison of the average taxable value of new

homes built over the past five years to that of all homes. As presented, in the case of residential

land uses, the capital expansion credit per incident amounts to $16.71.

Tindale Oliver North Collier FCRD March 2020 10 Fire Impact Fee Study

Page 30: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

Table 5

Capital Expansion “Cash” Credit

1) Source: North Collier Fire Control and Rescue District

Description(1) FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 Total

Land - - $794,552 - - $794,552

Construction in Progress - - $51,444 $114,799 $20,743 $186,986

Buildings / Improvements - - $100,532 $179,283 $106,777 $386,592

Total Capital Expansion Expenditures $0 $0 $946,528 $294,082 $127,520 $1,368,130

$273,626

18,832

$14.53

1.15

$16.71Adjusted Annual Capital Improvement Credit per Incident(6)

Annual Average Number of Incidents (2017-2019)(3)

Credit Adjustment Factor for Residental Land Uses(5)

Average Annual Capital Expansion Expenditures (2)

Annual Capital Expansion Expenditure per Incident(4)

2) Average capital expenditures over the five-year period 3) Source: Table 3 4) Annual capital expansion expenditures (Item 2) divided by the average number of incidents (Item 3) 5) Adjustment factor to reflect higher ad valorem taxes paid by new homes 6) Annual capital expansion expenditure per person (Item 4) multiplied by the credit adjustment factor (Item 5)

Debt Service Credit

Any outstanding debt issues related to the expansion of the District’s facilities also will result in

a credit to the impact fee.

The NCFCRD is currently paying debt service on a capital lease used to fund new equipment for

the District’s facilities. The debt service will be paid through FY 2026 using property tax revenues.

The credit for the lease payments was calculated by dividing the present value of the total

remaining payments of the lease by the average incidents over the same period. As presented

in Table 6, the resulting credit for the District’s facilities related debt amounts to $24.91 per

incident.

The lease payments are adjusted to account for the fact the new homes tend to pay higher

property taxes per dwelling unit. As presented, in the case of residential land uses, the total

adjusted debt service credit per incident is $28.65.

Tindale Oliver North Collier FCRD March 2020 11 Fire Impact Fee Study

Page 31: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

Table 6

Equipment Lease Credit

Description(1) Funding Source(1)

Number of

Remaining

Payments(1)

Total Remaining

Debt Service(2)

Present Value of

Payments

Remaining(3)

Avg. Annual

Number of

Incidents(4)

Credit per

Incident

Equipment Lease AdValorem 7 $545,300 $469,158 18,832 $24.91

$24.91

Credit Adjustment Factor for Residential Land Uses(6) 1.15

Total Adjusted Debt Service Credit per Incident(7)

$28.65

Total Debt Service Credit per Incident(5)

1) Source: North Collier Fire Control and Rescue District 2) Total remaining debt service for the equipment lease 3) Total value of remaining payments in 2019 dollars 4) Source: Table 3 5) Present value of remaining payments (Item 3) divided by the average number of incidents (Item 4) 6) Adjustment factor to reflect higher ad valorem taxes paid by newer homes 7) Total debt service per incident (Item 5) multiplied by the credit adjustment factor for residential land uses (Item 6)

Tindale Oliver North Collier FCRD March 2020 12 Fire Impact Fee Study

Page 32: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

Net Impact Cost

Table 7 summarizes the calculation of the net fire impact cost per incident, which is the difference

between the total impact cost and the total revenue credit. The resulting net impact cost per

incident is $2,948 for residential land uses and $2,981 for non-residential land uses.

Table 7 Net Fire Impact Cost

Variable Figure

Total Impact Cost $3,217

- Residential Land Uses $17

- Non-residential Land Uses $15

Capitalization Rate 5.00%

Capitalization Period (in years) 25

Capital Expansion Credit - Residential Land Use $240

Capital Expansion Credit - Non-Residential Land Use $211

- Residential Land Uses $29

- Non-residential Land Uses $25

- Residential Land Uses $269

- Non-residential Land Uses $236

- Residential Land Uses $2,948

- Non-Residential Land Uses $2,981

Impact Cost (1)

Capital Improvement Credit

Capital Improvement Credit(2):

Total Capital Expenditure Credit (5)

Net Impact Cost (6)

Debt Service Credit(4)

Total Capital Improvement Credit(3)

Debt Service Credit

1) Source: Table 4 2) Source: Table 5 3) Average annual capital improvement credit (Item 2) for a capitalization rate of

5.0% over 25 years for residential and non-residential uses 4) Source: Table 6 5) Sum of capital improvement credit (Item 3) and total debt service credit (Item 4) 6) Total impact cost (Item 1) less total capital expenditure credit (Item 5)

Tindale Oliver North Collier FCRD March 2020 13 Fire Impact Fee Study

Page 33: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

Demand Component

In determining the impact fee for each land use on a per incident basis, it is necessary to

determine service delivery to residential and non-residential land uses. Using the incident

approach, the average annual number of calls received from each land use was compared to the

square footage of each land use within NCFCRD. Total square footage by land use was obtained

from the Collier County Property Appraiser’s database and utilized for the analysis. The Collier

County Property Appraiser’s database defines total square footage as the total area of the

improved or built structure which includes areas under air conditioned in addition to lanais,

garages, porches, etc. Table 8 presents this distribution of incidents per square foot for

residential and non-residential land uses.

Table 8 NCFCRD Distribution of Incidents

Land Use Square Feet(1) Incidents(2) Incidents per 1,000

Square Feet(3)

Residential 163,304,685 9,428 0.058

Non-Residential 15,130,296 9,404 0.622

1) Source: Collier County Property Appraiser's Database 2) Source: North Collier FCRD. Average annual incidents between (2017 – 2019). June

through December for 2019 was estimated based on average monthly incidents from January to May

3) Incidents (Item 2) divided by square feet (Item 1), multiplied by 1,000

Tindale Oliver North Collier FCRD March 2020 14 Fire Impact Fee Study

Page 34: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

Calculated Fire Impact Fee Schedule

Based on the analysis presented in this report, a fire impact fee schedule was developed for

residential and non-residential land uses. Table 9 presents the calculated impact fee schedule

using an incident-based approach.

Table 9 North Collier FCRD Impact Fee Schedule by Incidents

Net Impact Cost per Incident(1)

Residential $2,948

Non-Residential $2,981

Residential sf 0.058 $0.17

Non-Residential sf 0.622 $1.85

Land Use Unit

Incidents per

1,000 Square

Feet(2)

Total Impact

Fee(3)

1) Source: Table 7 2) Source: Table 8 3) Net impact cost per incident (Item 1) multiplied by incidents per 1,000 square feet

(Item 2) divided by 1,000

Impact Fee Schedule Comparison

As part of the work effort in updating NCFCRD fire impact fee program, a comparison of fire

impact fee schedules was completed for other fire districts of Collier County. Table 10 presents

this comparison.

Tindale Oliver North Collier FCRD March 2020 15 Fire Impact Fee Study

Page 35: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

Table 10 Fire Impact Fee Schedule Comparison

Calculated(2)

Current(3)

Date of Last Update 2019 2015 2006 2006 2010

Adoption Percentage n/a 100% 100% 100% 100%

Residential(4)

:

Single Family (2,000 sf) du $340 $658 $440 $2,220 $1,200

Non-Residential (5) :

Light Industrial 1,000 sf $1,850 $266 $260 $320 $680

Office (50,000 sq ft) 1,000 sf $1,850 $459 $260 $320 $680

Retail (125,000 sq ft) 1,000 sf $1,850 $867 $260 $320 $680

Fast Food w/Drive-Thru 1,000 sf $1,850 $3,431 $260 $320 $680

Immokalee

Fire District

Ochopee Fire

DistrictLand Use Unit

(1) Greater Naples

Fire District

NCFCRD

1) du = dwelling unit 2) Source: Table 9 3) Source: North Collier Fire Control and Rescue District, effective October 1, 2019 4) Calculated as the residential rate for each fire district multiplied by 2,000 to represent a 2,000 square foot home 5) Calculated as the current non-residential rate for each fire district multiplied by 1,000 to convert rate into a per 1,000 square foot unit

Tindale Oliver North Collier FCRD March 2020 16 Fire Impact Fee Study

Page 36: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

Appendix A

Building and Land Value Analysis

Supplemental Information

Page 37: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

Appendix A

This appendix provides the additional data and information on building and land value estimates.

Building Values

Building value estimates were based on the following analysis:

• A review of cost associated with recently built stations or estimates for future stations in

NCFCRD;

• A review of cost associated with recently built or bid fire stations in other Florida

jurisdictions;

• NCFCRF station/building insurance values; and

• Industrywide cost increases since the last study.

NCFCRF did not build any new stations since the last technical study; however, the District

estimates the cost for a future station at $420 per square foot.

Tindale Oliver obtained cost information from several jurisdictions to supplement the local data.

The bids and estimates received in between 2017 and 2019 ranged from $250 per square foot to

$460 per square foot.

Insurance values of existing fire stations averaged $325 per square foot. It should be noted that

insurance values are considered to be a conservative estimate because insurance companies

exclude the value of the foundation and other more permanent parts of the structure that would

not have to be rebuilt if the structure was damaged.

A review of nationwide construction cost increases since 2015 suggested an increase of 13%, as

reported by Engineering News Record (ENR) Building Cost Index. Applying this increase to the

cost estimates used in the 2015 study resulted in a unit cost of $295 per square foot for fire

stations.

Given this information, an average value of $315 per square foot was used for fire stations and

the administrative building. In addition, an estimate of $235 per square foot is used for support

facilities based on insurance values. Table A-1 summarizes this information.

Tindale Oliver North Collier FCRD March 2020 A-1 Fire Impact Fee Study

Page 38: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

Table A-1

Building Cost per Square Foot

Source YearCost per

Square Foot

Estimated Station Cost(1) 2015 $260

- ENR Building Cost Index(2)

2015-2019 13%

Indexed Station Cost(3) 2019 $294

Future Station Cost Estimate(4)

$420

Insurance Values:(4)

- Fire Stations & Administrative Building 2019 $325

- Support Facilities 2019 $235

Other Florida Jurisdictions - Fire Stations 2017 - 2019 $250 - $460

Used in the Study:

- Fire Stations & Administrative Building 2019 $315

- Support Facilities 2019 $235

(1) Source: North Collier Fire Control & Rescue District Fire Impact Fee Update Study Final Report, October 13, 2015

(2) Source: Engineering News Record (3) 2015 estimated station cost (Item 1) indexed using the ENR Building Cost Index (Item 2) (4) Source: North Collier Fire Control & Rescue District

Land Values

In order to determine land value for future fire station land purchases, the following

data/information was evaluated:

• The market (or just) value of parcels where current fire stations are located based on

information provided by the Collier County Property Appraiser;

• Most recent land purchases for future fire stations;

• Vacant land sales and market/just values of all vacant land in NCFCRD; and

• Land value trends since the most recent study.

Land values in Collier County increase by approximately 25% since the last study. Applying this

index to the estimated land value of $80,000 per acre used in the 2015 study results in a value of

$100,000 per acre. The District’s most recent purchase cost $315,000 per acre. The value of land

owned by the District averages $140,000 per acre.

Tindale Oliver North Collier FCRD March 2020 A-2 Fire Impact Fee Study

Page 39: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

Vacant land sales of similar size parcels in the District indicated an average value of $40,000 per

acre to $622,000 per acre depending on the zoning and location of the parcels. Similarly, value

of all vacant land, as estimated by the Collier County Property Appraiser, averaged $32,000 per

acre to $443,000 per acre. This information is summarized in Table A-2.

Table A-2

Land Value per Acre

Source Year Cost per Acre

Estimated Land Value(1)

2015 $80,000

- Vacant land value increase(2) 2015-2019 25%

Indexed Land Value(3) 2019 $99,848

Recent Land Purchases:(4)

- Yarberry Lane Purchase 2018 $315,615

Value of Existing Parcels:(5)

- Weighted Average 2019 $140,724

Vacant Land Sales(6)

Average Median

All Sales:

0.05 to 5 acres 1,267 $61,833 $21,384

5 to 10 acres 38 $39,722 $24,000

Commercial:

0.05 to 5 acres 4 $621,975 $482,535

5 to 10 acres 0 N/A N/A

Vacant Land Values(7)

Average Median

All:

0.05 to 5 acres 3,390 $64,411 $23,708

5 to 10 acres 76 $32,104 $11,338

Commercial:

0.05 to 5 acres 81 $442,448 $486,650

5 to 10 acres 1 $207,016 $207,016

Used in the Study - Cost per Acre $100,000

Land Use CountValue per acre

Sale price per acre

2014-2019

CountLand Use

2019

(1) Source: North Collier Fire Control & Rescue District Fire Impact Fee Update Study Final Report, October 13, 2015

(2) Source: Collier County Property Appraiser

Tindale Oliver North Collier FCRD March 2020 A-3 Fire Impact Fee Study

Page 40: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

(3) 2015 estimated station cost (Item 1) indexed using the Collier County Property Appraiser estimate (Item 2)

(4) Source: North Collier Fire Control & Rescue District (5) Source: Collier County Property Appraiser Database (6) Source: Collier County Property Appraiser Database (7) Source: Collier County Property Appraiser Database

Given these variations, an estimate of $100,000 per acre is considered a reasonable, if not

conservative estimate for impact fee calculation purposes.

Tindale Oliver North Collier FCRD March 2020 A-4 Fire Impact Fee Study

Page 41: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

ATTACHMENT 3

NCFCRD Fire Impact Fee Revenue Comparison

Land Use Category

2018 Impact Fee

Revenue (Existing

Rates)

Estimated IF

Revenue w/

Incident-Based

Approach

% Change

Residential $774,670 $838,222 8%

Non-Residential $212,100 $1,033,004 387%

Total $986,770 $1,871,226 90%

Source: 2018 impact fee collections and associated square footages are provided by

NCFCRD and Collier County

Page 42: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

North Collier Fire Control and Rescue District Board of Fire Commissioners

REGULAR MONTHLY MEETING

AGENDA ITEM 10B

Meeting Date: May 28, 2020

Prepared by: Executive Director Sal D’Angelo

Date Prepared: May 7, 2020

Subject: Request Board Approval of Waterside Shops, LLC Parking License Agreement

Objective

Staff requests the Board to approve the Waterside Shops, LLC Parking License Agreement

Background Information

As part of our hurricane preparedness the District relies on community partnerships to prepare for and respond to emergency situations pre- and post-storm. A component of that preparedness is having garage facilities to store District owned fleet resources in a safe and secure environment. During past hurricane events, the District has entered into partnerships via MOU in food, parking, and shelter services. This agenda item, through approval of Attachment #1, serves as an additional safeguard in protecting District property with the aid of our community partners.

Considerations

N/A

Fiscal Impact

N/A

Recommendation

Staff recommends the Board approve the Waterside Shops, LLC Parking License Agreement

Attachments: Attachment 1: Waterside Shops, LLC Parking License Agreement

Page 1 of 1

Page 43: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

of Understanding Between

North Collier Fire Control and Rescue District and

Waterside Shops, LLC

PARKING LICENSE AGREEMENT

THIS LICENSE AGREEMENT is made and entered into on the 6th day of May, 2020 by and betweenWatersideShops,LLC, whose address is 5415 Tamiami Trail, North, Na pies, Florida 34108 ("Licensor"), and the North Collier Fire Control and Rescue District, whose address is 1885 Veterans Park Drive, Naples, Florida 34109 ("Licensee").

1. GRANT OF LICENSE AND DESCRIPTION OF PROPERTY; NOTICE Licensor hereby grants to Licensee, and Licensee hereby accepts from Licensor, for the term and subject to the conditions and covenants set forth in this Agreement, the non­exclusive license during periods of Emergency (as defined below) to use up to 50 parking spaces on the Second Floor (the "Licensed Area") of the parking garage ("Garage") Commercial Parking located at 5415 Tamiami Trail North, Naples, Florida (collectively, the "Project"). Licensee will provide Licensor 48-hour advance notice of its use of the Licensed Area, provided that if such notice is not reasonably possible Licensee will provide as much advance notice as is reasonable under the circumstances. Such notice may be provided by email, hand delivery of written notice to Licensor's offices or such other method as Licensor may reasonably specify.

2. TERM This License Agreement begins on the date it is signed by both parties and will automatically renew every three years unless either party terminates by providing the other party with ninety (90) days written notice.

3. USE Licensee will use and occupy the Licensed Area solely to park automobiles and utility trailers under 3,000 lbs axel weight used in connection with Licensee's duties as a fire department and for no other purpose, Licensor makes no representation that that the Licensed Area may lawfully be used for such purpose and Licensee is responsible for obtaining all necessary governmental licenses, consents and permits. Anything in this Agreement to the contrary notwithstanding, if, at any time, Licensee determines that the Licensed Area may not lawfully be used for such purpose, the Licensee may terminate this License as its sole remedy. Licensee will comply with the attached Parking Rules and Regulations, which are incorporated in and made a part of this Agreement. Licensor reserves the right to make such reasonable modifications and additions to the Parking Rules and Regulations as it deems appropriate. Licensor will notify Licensee of any such modifications and additions at least three (3) business days before they become effective

ATTACHMENT 1

Page 44: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

Memorandum of Understanding North Collier Fire Control ond Rescue District & Waterside Shops, LLC

Page2of 5

as against Licensee. Licensee will not, either with or without negligence, cause or permit

the escape, disposal or release of any hazardous material on or in the Project and will

not, through its course of conduct or omissions, cause a violation of any environmental

or similar law.

4. "EMERGENCY"

For purposes of this Agreement, "Emergency" means any hurricane, flood, fire, other "act of God", war, riot or other event affecting the City of Naples or the County of Collier, Florida, and as to which the applicable national, state or local government official has declared a "state of emergency".

5. CARE AND MAINTENANCE OF LICENSED AREA

Licensee acknowledges that the Garage is in good order and repair. Licensee will, at its own expense repair any damage to the Garage that it or its agents cause (including the immediate removal of any oil or other fluid stains).

6. ALTERATIONS

Licensee may not, without first obtaining the written consent of Licensor (which consent may

be withheld in Licensor's sole and absolute discretion), make any alterations, additions or

improvements in, to or about the Garage.

7. ORDINANCES AND STATUTES

Licensee will comply with all statutes, ordinances and requirements of all municipal, state

and federal authorities now in force or which in the future may be in force, pertaining to the

Garage, occasioned by or affecting its use by the Licensee.

8. ASSIGNMENT AND SUBLETTING

Licensee may not assign this license or allow any other person to use any portion of the

Licensed Area without prior written consent of Licensor, which Licensor may withhold in

its sole and absolute discretion. Any such assignment or use without consent will be void

and, at the option of the Licensor, may terminate this License.

9. LIABILITY

Licensor will not be liable for any damages or injury to Licensee, its members or to any

property, occurring on or in the Project associated with the Fire District's use under this

agreement. Licensor is not responsible for any loss or theft of, or damage to, any vehicle

entering the Project or the contents of any such vehicles. In no event is this Agreement to

be construed so as to create a bailment or bailer/bailee relationship. Licensee shall carry

such automobile liability and other professional liability insurance as may be required by

applicable law, and shall name Licensor as an additional insured. In any event, Licensor

shall have no liability or obligation to monitor or ensure performance by Licensee of its

Page2 of 5

Page 45: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

Memorandum of Understanding North Collier Fire Control and Rescue District & Waterside Shops, LLC

Page 3 of 5

obligation to carry insurance. Licensee, at its expense, shall be insured for , and defend

against claims for the actions of its members, whether for contract, tort, or negligence,

arising directly or indirectly out of or in connection with Licensee's use of the Garage or the

use or misuse of any vehicle by Licensee, or the acts or omissions of Licensee, its invitees,

licensees, servants, agents, employees. The provisions of this paragraph will survive the

expiration or termination of this Agreement.

10. TERMINATION

At any time during the term of this Agreement, Licensor may terminate this Agreement upon

ninety (90) days written notice to Licensee. In the event that Licensor exercises its right to

terminate under this section, neither Licensor nor Licensee will have any further obligations under this Agreement, except that Licensee's indemnity, hold harmless and defense

obligations under this License Agreement will survive,

11. ATTORNEY'S FEES If either Licensor or Licensee brings suit to enforce this Agreement, the prevailing party shall

be entitled to all cost incurred in connection with such action, including reasonable attorney

fee.

12. NOTICES Any notice which either party may or is required to give, shall be given by mailing the same,

postage prepaid, to Licensee at the address specified above, or Licensor at the address

specified above, or at such other places as may be designated by the parties from time to time.

13. ASSIGNS, SUCCESSORS This License is binding upon and inurestothebenefitoftheassignsand successors of interest to the parties.

14. SUBORDINATION This License is and shall be subordinated to all existing and future liens and encumbrances against the Project. Licensor warrants that no such lien or encumbrance will cause Licensee to be deposed of the Licensed Area or substantially affect Licensee's use ofthe Licensed Area during the term of this License.

15. RADON DISCLOSURE As required by law, Licensor makes the following disclosure: "radon gas" is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities , may present health risk to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida, Additional information regarding radon and radon testing may be obtained from your county public health unit.

Page 3 of 5

Page 46: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

Title

Memorandum of Understanding North Collier Fire Control and Rescue District & Waterside Shops, LLC

Page4of 5

16. DEFAULT If Licensee breaches or fails to comply with any provision of this Agreement and, unless such breach or failure to comply is material, fails to remedy such breach or failure to comply within five (5) days after notice from Licensor, Licensee will be deemed to be in default, and Licensor will be shall be entitled to terminate this Agreement without notice to Licensor. In addition, Licensor may recover from Licensee fill damages it may incur by reason of Licensee's breach, including, without limitation, the reasonable costs of replacing Licensee's patrol obligations. These remedies are not exclusive, and are be in addition to any and all other remedies to which Licensor may be entitled, whether at law or in equity. If Licensor breaches or fails to comply with any provision of this Agreement and fails to remedy such breach or failure to comply within ten (10} days after notice from Licensee, Licensee, as its sole and exclusive remedy, may terminate this Agreement with notice to Licensor. On the expiration or early termination of this Agreement (no matter how effected}, neither Licensor nor Licensee will have any further obligations under this Agreement, except that Licensee's indemnity, hold harmless and defense obligations under this License Agreement will survive.

Executed on the day and year set forth above:

WATERSIDE SHOPS, LLC 5415 Tamiami Trail, North Naples, Florida 34108

NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT 1885 Veterans Park Drive Naples, Florida 34109

Nicolas A. Fabregas Printed Name

Christopher J. Lombardo Chairman

Security & Facilities Director Chairman Title

Signature

Attachments: Attachment 1: Parking Rules & Regulations

ATTACHMENT 1

Page 4 of 5

Page 47: NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT …...Recommendation: Dell $ 12,913 . Page . 1. of . 3 . 3 Item Description: Annual Advanced Cleaning & Inspection of Bunker Gear (required

Memorandum of Understanding North Collier Fire Control and Rescue District & Waterside Shops, LLC

PageS of 5

Parking Rules and Regulations

1. Vehicles WILL NOT be parked in any spaces outside the Licensed Area. There will be no parking in any area of the Project other than those areas clearly marked and defined for parking.

2. Parkers will be expected to park their vehicles in an orderly manner within the marked stalls provided.

3. It is recommended that vehicles be left in a "brakes on, doors locked" condition at all times.

4. No vehicles will be allowed to park in any driveway area or in any manner that interferes with the normal flow of traffic.

5. Vehicles parked illegally will be towed at the vehicles owner's expense.

6. Licensee agrees that all its employees have been fully informed as to the content of

these regulations.

7. Licensor and Licensor's agents and employees will not be liable for and Licensee waives all claims through Licensee resulting from any accident or occurrence in and upon the parking area.

8. All vehicles parked in the parking areas shall be in good condition and repair, driven and handled at the risk of the owner.

9. Vehicle owner or owner's agents shall not wash, wax or otherwise clean or prep the interior/exterior of vehicles or perform any maintenance whatsoever on vehicles within the parking area or on any part of the Garage.

10. In the event that vehicle owner's use of the parking area violates any local, county or State law, regulation or ordinance, automobile owner's right to use the parking area will cease immediately. In addition, in no event shall Licensee permit its employees, licensees, invitees or other occupants to use more than the number of parking spaces provided in the attached Agreement.

11. Parking areas may not be used for parking unduly large commercial or recreational

vehicles.

12. Any vehicle that may leak oil shall have a cardboard placed under the area that may leak

oil.

Page S of S