Loading...
Backup Documents 05/27/2014 Item #16E4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIT 6 E 4 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE 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 t e Coun A fore (lice •ter than Monday preceding the Board meeting. (,p�•��/yt , **NEW** ROUTING SLIP V i ,t Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the docurrlent is already co plet with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office ¢ c��lJlj 4. BCC Office Board of County 1\A rbur\ Commissioners V \ A! sAv. \tzk 5. Minutes and Records Clerk of Court's Office C-PAr\ 'Ml (2:21 p,,,, 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 missing information. Name of Primary Staff 0 , • hone Number Contact/ Department in ( C� V(,� j/ Agenda Date Item was Agenda Item Number c Approved by the BCC • -2 / V /`-e Type of Document Number of Original Attached s.f— Documents Attached PO number or account Q 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) 1. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, '4/A provide the Contact Information(Name;Agency; Address; Phone)on an attached sheet. 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 /I/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. . 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's 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. /-1/ \, Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be ware of your deadlines! 8. The document was approved by the BCC on'j77 (enter date)and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the G51 ,.a BCC, all changes directed by the BCC have been made, and the document is ready for the o, 6 Chairman's signature. " O- 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 16E MEMORANDUM Date: August 11, 2014 To: Michael Dowling, Property Acquisition Specialist Facilities Management Department From: Martha Vergara, Deputy Clerk Boards Minutes & Records Department Re: Agreement Golden Gate Fire District Attached is a scanned copy of the original document referenced above (Item #16E4), approved by the Board of County Commissioners on Tuesday, May 27, 2014. The Minutes & Records Department has kept and original for the Board's Official Record. If you have any questions, please contact me at 252-7240. Thank you. Attachment 16E4 Memorandum • ,a►iii N• l 1 f'OR(V To: Minutes and Records From: Michael Dowling Senior Property Management Specialist Real Property Management Date: July 17, 2014 Subject: Agreement with Golden Gate Fire District Agenda Item 16 E 4, May 27, 2014 Hello M&R Gang! Once the BCC Chairman signs the Agreement and Minutes and Records attests the document, kindly provide me with an electronic copy of the Agreement for my records. The original is for your retention. Please contact me at extension 8743 with any questions. Thank you. Attachment as stated 16 E L: AGREEMENT THIS AGREEMENT made this 2 1 day of )-1( , 2014 between the GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT, a Special strict created 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. Cr c== `� 16E4 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: 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 paid exceed $150,000. c) The Equipment shall be purchased by the District within twelve (12) months of the 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 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 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. 16E 4 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. CD 16E . 4 IN WITNESS WHEREOF, District and County have caused this Agreement to be duly executed on the day and year first above written. AS TO COUNTY: DATED: j ..r` 2. i V ATTEST: ``„ BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Gle:k COLLIER COUNTY, FLORIDA V' ' ��. - 41 ' • " _ Tom Henning, C— .•• man signature only ' '' ' AS TO . • ICTJ / DAT. O: • AT.' ST: GOLDEN GATE FIRE CONTROL AND ' `f UE ),STRICT By: � � 4■ S-cretary Ch. rman DaVL€l tdvna)) ow ( 61 ► 177 (print name) print name) Approved as to form and legality: Jenni r A. Belpedi q, Assistant County Atto ey Q �.���� �/