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Backup Documents 06/09/2015 Item #16E1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL4P L r y TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO A UPI TRE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda." All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#I through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines 41 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routine order) Office Initials Date I. 2. 3. County Attorney Office - County Attorney Office 6f°23 j 5 • 4. BCC Office . Board of County IN‘ca.4), - • Commissioners y't4/S 3\c 5. Minutes and Records Clerk of Court's Office NV lQ 213 S 3 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or m• sing information. Name of Primary Staff //_� Phone Number T ,? 3 Contact/ Department /CA.C�- a 1/,f(.P Agenda Date Item was Agenda Item Number Approved by the BCC 6 • 9• / J /G C 7 Type of Document �/ Number of Original / �/Attached uteii(.` - Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A(Not appropriate. (Initial) Applicable). I. Does the document require the chairman's original signature 2. Does the document need to be sent to another agency for ad ' 'anal signatures? If yes, provide the Contact Information(Name;Agency; Address;Phon an attached t. / A 3. Original document has been signed/initialed'for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. / 4. All handwritten strike-through and revisions have been initialed by the County Attorney's A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the ". _ document or the final negotiated contract date whichever is applicable. W� . 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. ri A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on to a:s(enter date) and all changes made 'Y during the meeting have been incorporated in the attached document. The County N' ao yc eria fru, Attorney's Office has reviewed the changes, if applicable. ,131,:-:�tr'ityal 9. Initials of attorney verifying that the attached document is the version approved by the771 1t.;'i s BCC, all changes directed by the BCC have been made, and the document is ready for • ., 4 a a _s Chairman's signature. ia' . -, I:Forms/County Forms/BCC Forms)Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 ` � I6E • "'- Memorandum r 1 ORIOP To: Minutes and Recor s From: Michael Dowlin Senior Property Management Specialist Real Property Management Date: June 16, 2015 Subject: Amendment to Agreement with Greater Naples Fire District BCC Date: June 9, 2015 Item: 16 E 1 Once the referenced Agreement has been executed by the Chairman and attested by your office, kindly provide me with an electronic copy of the Agreement for my records. Please contact me at extension 8743 with any questions. Thank you. © Attachment as stated MEMORANDUM 16E. n ._ Date: June 23, 2015 To: Michael Dowling, Property Acquisition Specialist Facilities Management Department From: Martha Vergara, Deputy Clerk Boards Minutes & Records Department Re: Amendment to Agreement— Greater Naples Fire District Attached is a scanned copy of the document referenced above (Item #16E1), approved by the Board of County Commissioners on Tuesday, June 9, 2015. The original Resolution is being held in the Minutes & Records Department for the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Attachment AMENDMENT TO AGREEMENT I 6 THIS AMENDMENT TO AGREEMENT (Amendment) is entered into this '9-71'day of .11--AK E , 2015, by and between GREATER NAPLES FIRE DISTRICT, formerly known as GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT, a Special District created by Laws of Florida , Chapter 77-535, as amended (hereinafter referred to as the "District"), whose mailing address is 14575 Collier Boulevard, Naples, Florida 34119, and COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA (hereinafter referred to as "County"), whose mailing address is c/o Real Property Management, 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112. RECITALS: WHEREAS, the County and District have entered into an Agreement, dated May 27, 2014, for the District to use funding derived from a 1983 agreement between Avatar Properties Inc., f/k/a/ GAC Properties for the purchase of firefighting apparatus to retrofit existing trucks; and WHEREAS, due to delays in the availability of the apparatus, the County and the District are desirous of amending said Agreement to extend the District's expenditure deadline; and NOW THEREFORE, in consideration of the covenants and agreements provided within the said Agreement dated May 27, 2014 and Ten Dollars ($10.00) and other valuable consideration, the Parties agree as follows: 1. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. Section 4 (c) of the Agreement, which is attached hereto and made a part hereof this Amendment, is amended as follows: The Equipment shall be purchased by the District within twelve (12) months of the execution of the Agreement by both parties by July 31, 2016. In the event that the Equipment is not purchased by the District by the aforementioned date, it is understood and agreed by the parties that the District shall refund and pay to County, within thirty (30) days of written notice to District, any and all Funds which have been provided to the District pursuant to the provisions of this Agreement. 2. Except as expressly provided herein, the said Agreement between the County and District remains in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the District and County have hereto executed this Amendment to Agreement the day and year first above written. Signature Page to Follow i6 E i AS TO DISTRICT: E DATED: / ` ion 0/5 GREATER NAPLES FIRE DISTRICT ATTE: . n Asir SP",— By: (/ Secretary Chai a +v µv� S JM(}) Print name Print name AS TO COUNTY: DATED: G - 9- ATTEST: -ATTEST: ........ BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA ��. By. + est as to Chairman s Je uty erk Tim Nance, Chairman signature only. Approved as to form and legality: \� Jenm er A. Belp-m o Assistant County Attorney I , AGREEMENT 16E 1 THIS AGREEMENT made this �7 day of , 2014 between the GOLDEN DISTRICT, Special created GATE FIRE CONTROL & RESCUE a p by Laws of Florida, Chapter 77-535, as amended, (hereinafter referred to as the "District") whose mailing address is 4741 Golden Gate Parkway, Naples, Florida 34116-6901 and COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, whose mailing address is c/o Real Property Management 3335 Tamiami Trial East, Administration Building, Naples, Florida 34112 (hereinafter referred to as the "County"). WHEREAS, County has acquired 1,061.5 acres, located in Collier County, Florida (hereinafter referred to as "Property"), from Avatar Properties Inc. f/k/a/ GAC Properties Inc. in accordance with the November 15, 1983 Agreement between Avatar Properties Inc. and Collier County, (hereinafter referred to as the "1983 Agreement"); and WHEREAS, pursuant to the 1983 Agreement, the Property deeded to the County and/or the monetary proceeds acquired from the subsequent sale of said Property are to be used to provide governmental facilities within and for the geographical area known as "Golden Gate Estates"; and WHEREAS, the County currently has funds derived from the use and/or sale of a portion of the above-described Property; and WHEREAS, the County has determined that a disbursement of a portion of said funds to the District is in accordance with the intent of the provisions of the 1983 Agreement and accomplishes the purposes of said 1983 Agreement by providing funds for purchasing equipment(`Equipment')to outfit already acquired trucks by the District in order to have them operate as fire fighting apparatus;and WHEREAS, Avatar Properties Inc. has provided its consent on April 15, 2014 to the County for the use of funds derived from the sale of Property to acquire the Equipment. NOW THEREFORE, in consideration of the above recitals, which are incorporated herein and made part of this Agreement, and in further consideration of the mutual covenants set forth below, and other good and valuable consideration, acknowledged by the parties to be sufficient,just and adequate, the parties hereto do agree as follows: 1. The County hereby agrees to reimburse a maximum of One Hundred Fifty Thousand Dollars($150,000.00) of the total funds to be expended by the District for purposes hereinafter stated, (hereinafter referred to as the "Funds"), in accordance with the terms and conditions of this Agreement, provided said Funds are to be used solely for the purpose of purchasing the necessary Equipment. 2. The District agrees and warrants that the Equipment purchased with the Funds shall be utilized solely by the District for the primary purposes of combating fires that may threaten the residents and the area of Golden Gate Estates and said Equipment shall be based and stationed at Station 71, located on 13th Street SW, Naples, Florida, or Station 72, located on 3820 Beck Boulevard, Naples, Florida, or located at another station deemed necessary by the District in order to respond quickly to emergencies within its boundaries. In addition, District agrees said Equipment shall be made available to any and all fire districts located within the Golden Gate Estates area, so long as the primary use is for fire control within those boundaries. > ce l` - . . . ,, ,. 16E1 3. The District hereby agrees that the purchase of the Equipment has been or shall be in accordance with all applicable bidding or other requirements for the procurement of property and services as set forth in Chapter 287, Florida Statutes, and such other statutory provisions as may apply. The District hereby agrees that the purchase of the Equipment shall be conducted in a manner consistent with the Board of County Commissioner's purchasing policy and in proper coordination with the County's Purchasing Department prior to the ordering or receiving of any goods or services purchased under this Agreement. In the event of a conflict, the most strict provision shall apply. 4. Payment of the Funds for the Equipment shall be in accordance with the following procedure: 1 J a) After purchasing the Equipment by the District, the District shall deliver to Real Property Management any and all invoices for said Equipment, clearly stating the purpose of said invoices and indicating that the invoices have been paid in full. b) Within thirty (30) days after receipt and approval of the above-described documents and verification that all invoices have been paid in full by the District, if not already provided, a check issued by the County for payment shall be prepared and made payable to the District and shall be forwarded directly to the District by the County. In no way, shall the total amount to be ii paid exceed$150,000. I c) The Equipment shall be purchased by the District within twelve (12) months of the 1 execution of the Agreement by both parties, In the event that the Equipment is not purchased by the District within twelve (12) months from the execution of this Agreement, it is understood and agreed by the parties that the District shall refund and repay to County, within thirty (30) days, any and all Funds which have been provided to the District pursuant to the 4,1 provisions of this Agreement. . d) If the District obtains any monies as a gift, contribution or reimbursement, through any grant program, pertaining to the purchase of said Equipment, such gift, contribution or reimbursement shall be, within ten (10) days of receipt by District, forwarded to the Board of ' County Commissioners for deposit into the GAC Land Trust Account as reimbursement of Funds provided for by this Agreement. District agrees to prepare and submit the appropriate 1. grant applications whereby verification of such application, and its approval or denial, shall be provided to the County within thirty(30)days of submittal and/or receipt. e) The District covenants and agrees that upon the payment of all or any portion from the Funds in accordance with the obligation contained in this Agreement it shall be the further obligation of the District to pay any remaining balance required to complete the purchase of the Equipment. 5. The District covenants and agrees that this Agreement is solely between the County and the District and, although the County shall reimburse the District for all or only a portion of the Funds on behalf of the District, the County shall have no direct or indirect liability to any vendors of the Equipment or any other third party resulting from this Agreement. 4 sao �, ;• ti; "',+ •r»,: ar,p.`a:YG a .4"i ,'tY 'sA..«v:-P!;.w).. A,s sy„isA.,k. •y.;..+tzz, - w-M T.,e'.,'. 'awv.^ir+..x,., +x,.rriw, raamrmrro-,..mmttrsa.¢uerrawrmwa« ,xnrs*'..mcrrays'e.w a+.^v :;uH.... 16E 6. District agrees to protect, defend, indemnify and hold the County harmless from any and all claims, actions, causes of action or liabilities including attorney's fees and costs arising from or in any way connected with the use of the Funds or the selection, purchase, delivery or use of the Equipment, its agents, employees, or in any way related to the use of the Equipment by the District, its agents, employees or any third party. 7. The District understands and agrees that the Funds to be provided to the District in. accordance with the terms of this Agreement have been derived from and are being provided solely for the sale and/or use of a portion of the Property conveyed to the County pursuant to the 1983 Agreement administered and managed by the County for the GAC Land Trust and that such Funds are currently in County Fund 605-122390 (The GAC Trust Land Sales Fund). The District further understands and agrees that no ad valorem taxes, revenues or moneys form other sources have been committed or will be committed by the Collier County Board of County Commissioners for the purposes set forth in this Agreement. 8. In the event that the Equipment ceases to be utilized by the District as described in Paragraph 2, or if the Equipment ceases to be used in accordance with the terms of this Agreement,the District agrees that the District shall pay to the County, within thirty (30) days, an amount equal to the fair market value of the Equipment as of the date the Equipment ceases to be used by the District as described in Paragraph 2 or the date the Equipment cannot to be used in accordance with this Agreement. The fair market value shall be determined by a third party, selected by the County, who is determined to be qualified to establish the valuation of the Equipment. If the District renders the Equipment as obsolete or non-functional as a result of use and/or age or newer technology,the District will be allowed to trade-in or sell the equipment and use any proceeds towards any future equipment or supplies that would benefit the residents of Golden Gate Estates. 9. This Agreement is governed and construed in accordance with the laws of the State of Florida. 10. Any notice required by this Agreement shall be addressed to the parties at the address set forth below: IF TO THE COUNTY: Collier County c/o Real Property Management 3335 Tamiami Trail East Naples,Florida 34112 IF TO THE DISTRICT Golden Gate Fire&Rescue District 14575 Collier Boulevard Naples, Florida 34119 12. This Agreement represents the entire Agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both parties. ^�:ec. ..ua ,x. :.meaea2;,.�..�:nr;G S a.;Av'.;:.Ye..ov+ns«. :°._ n'•ffi:5z.rv, ., .>' c.'".T,w#'e w,ra.. ".,...w. -..n.X'nZtus.."- wvriF__-,J � :o.. ,ce...rva:i n ,x9!..^.'" '.e.«crma._ . .L �i IN WITNESS WHEREOF, District and County have caused this Agreement to be duly executed on the day and year first above written. 1 AS TO COUNTY y ATTEST:. _ ••• ' ` BOARD OF COUNTY COMMISSIONERS DWIGHT E BRAC, cl�k_' .: COLLIER COUNTY, FLORIDA I46 4' � z " '` [+. Tom Henning, C an signature only.'' t' � / :1 AS TO ! : ICT: Ii7 Al DAT•. 7' 17 A ' ST:l GOLDEN GATE FIRE CONTRO AND A''UE 1.,STRICT 1 By: : .. . S-cretary Ch. rman (print name) print name) 1 ti Approved as to form and legality: Jenni A. Belpedi ¢. y 1,4-\\1,4-\\Assistant Count y Atto ey p, ?- °K J I i 4 4 a