Agenda 05/10/2016 Item #16E 35/10/2016 16.E.3.
EXECUTIVE SUMMARY
Recommendation to approve an amendment to the agreement with Florida Department of
Transportation for the third year funding of Fire Station 63 on I-75 and authorize the necessary
budget amendment recognizing State grant funds in the amount of $1,522,069.60.
OBJECTIVE: To obtain approval from the Board of County Commissioners to Amend Exhibit B to the
Interlocal Agreement with the Florida Department of Transportation for contract number ARF81,
Financial Project ID: 435289-194-01 and the necessary Budget Amendment to recognize and appropriate
the new budget in the amount of $1,522,069.60 for the Ochopee Fire Control District I-75 Fire Station at
the 63 Mile Marker.
CONSIDERATIONS: On April 8, 2014, Item 11A, an Interlocal Agreement, Resolution and Airspace
Agreement with the Florida Department of Transportation was approved by the Board of County
Commissioners (Contract number: ARF81, Financial Project ID: 435289-194-01). Exhibit B attached to
the Interlocal Agreement is a Schedule of Direct Capital Expenses and Annual Funding Schedule. The
State CPI Indexing Methodology is the Bureau of Labor Statistics -All Urban Consumers U.S. City
Average. Based upon this index, which is specified in the grant agreement, no CPI will be added in the
State's Judgment and instead, the budget will remain at $1,522,069.60.
FISCAL IMPACT: A Budget Amendment in the amount of $1,522,069.60 is necessary in order to
recognize and appropriate the grant funds in the Amended Exhibit B and as provided for in the Interlocal
Agreement. Grant funds, associated expenditures, and interest income will be maintained within Special
Grant Fund 701, Project 33356. There are currently no county match requirements.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote
for Board approval. ---SRT
RECOMMENDATION: That the Board of County Commissioners approves the attached Amended
Exhibit B to Contract Number ARF81, Financial Project ID: 435289-194-01 of the Interlocal Agreement
with the Florida Department of Transportation and the necessary Budget Amendment in the amount of
$1,522,069.60 for the FY 2016/17 budget.
Prepared by: Alan McLaughlin, Fire Chief
Attachment: 1) Amended Exhibit B (FYI 7 Budget)
2) Email from FDOT
3) Interlocal Agreement June 24, 2014
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5/10/2016 16.E.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.3.
Item Summary: Recommendation to approve an amendment to the agreement with
Florida Department of Transportation for the third year funding of Fire Station 63 on 1-75 and
authorize the necessary budget amendment in the amount of $1,522,069.60.
Meeting Date: 5/10/2016
Prepared By
Name: SwisherLinda
Title: Operations Coordinator, Ochopee Fire Control District
4/13/2016 9:20:40 AM
Submitted by
Title: Fire Chief, Ochopee Fire Control District
Name: McLaughlinAlan
4/13/2016 9:20:42 AM
Approved By
Name: McLaughlinAlan
Title: Fire Chief, Ochopee Fire Control District
Date: 4/13/2016 10:46:17 AM
Name: Bendisa Marku
Title: Operations Analyst, Senior, Administrative Services Department
Date: 4/13/2016 11:11:06 AM
Name: SummersDan
Title: Division Director - Bureau of Emer Svc, Bureau of Emergency Services
Date: 4/19/2016 12:06:03 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 4/19/2016 3:00:56 PM
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5/10/2016 16.E.3.
Name: KushiEdmond
Title: Accountant, Senior, Grants Management Office
Date: 4/21/2016 12:00:27 PM
Name: PriceLen
Title: Department Head - Administrative Svc, Administrative Services Department
Date: 4/25/2016 3:46:03 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 4/26/2016 7:40:10 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/28/2016 10:38:52 AM
Name: StanleyTherese
Title: Manager - Grants Compliance, Grants Management Office
Date: 5/2/2016 11:57:51 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 5/3/2016 11:30:15 AM
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5/10/2016 16.E.3.
AMENDED EXHIBIT B—Schedule of Capital and Annual Funding Schedule
For SFY 2016/17
Estimated Budgeted Amount
Item/Work Capital and 0&M
Action/Milestone Estimated Budget Estimated Budget
Current Proposed 2016/17
Annual 3.5 Paramedics Hired (includes $405,000 $406,000
uniforms and protective clothing)
includes all benefits and all insurance
coverage for personnel including workers
compensation & malpractice insurance
Annual 9.5 Fire Fighters Hired — $843,000 $844,000
Uniforms/Gear noted below.
includes all benefits and all insurance
Coverage for personnel including workers
Compensation. This includes Operations
Coordinator Support.
Annual Admin/indirect costs/800 MHZ $27,000 $27,000
maintenance/IT services/phone/
Internet/radio repair, maintenance, parts
and accessories
Annual Building maintenance $9,000 $7,000
Annual Bulk fuel onsite- estimate includes $25,000 $25,000
Trucks, & station generator fill and estimated
Annual consumption. This also includes
Diesel Exhaust Fluid,
Amended Exhibit "B" as per Contract Number: ARF81 Financial Project ID: 435289-1-94-01
For SFY 2016/17 with CPI
State of Florida Department of Transportation
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5/10/2016 16.E.3.
Department -Collier County interlocal Agreement
Action/Milestone Estimated Budget Estimated Budget
Current Proposed 2016/17
Annual Canal dive and water search & $13,000 $24,000
Rescue Equipment, Haz/Mat absorbent &
Response, foam, minor medical,
minor operating equipment
Annual Naz/Mat-Mutual Aid $12,500 $9,000
contingency
Annual Insurance- All Coverage Estimates $30,000 $30,000
for Facilities, errors and Omissions,
portable equipment environmental
estimated, vehicles
Annual Minor office supplies, $3,500 $3,500
Printers & Display Monitors
Annual Minor station supplies
$4,069.60
$4,469.60
Annual Electric estimated (water and
$10,000
$10,000
Sewer included in site lease provided by
FDOT Rest Area systems)
Annual Vehicle and Apparatus, Small
$33,000
$34,000
Equipment and Compressor maintenance
repair, SCBA, Hose, Apparatus, Protective
Clothing testing/certification and calibration
Annual Operational, Training & Licensing
$7,000
$5,000
Annual Uniform clothing, accessories,
$15,000
$12,000
personal protective gear and
safety equipment
Amended Exhibit "i3" as per Contract Number: ARF81 Financial Project ID: 435289-1-94-01
For SFY 2016/17 with CPI
O
Z
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5/10/2016 16.E.3.
State of Florida Department of Transportation
Department -Coiner County Interlocal Agreement
Action/Milestone Estimated Budget Estimated Budget
Current Proposed 2016/17
Annual Machinery and Fire Equipment, $25,000 $51,100
Radio and Station Appliance replacement,
Foam Trailer
Annual EMS Medical Supplies, Equipment $60,000 $30,000
And Equipment Maintenance
Annual 0&M for SFY With CPI Total $1,522,069.60 $1,522,069.60
Amended Exhibit "'B" as per Contract Number: ARF81 Financial Project ID: 435289-1-94.01
For SFY 2016/17 with CPI.
State of Florida Department of Transportation
Department -Collier County Interlocal Agreement
3
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5/10/2016 16.E.3.
This Amendment to Exhibit B of Contract Number: ARF81 Financial Project ID:
435289-1-94-01 for SFY 2016/17 with CPI is approved by the Collier County Board of County
Commissioners after motion, second, and majority vote favoring approval on May 10, 2016.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
LM
,ufzputy %,Ic a
Ap
proved as
as to form and legality:
0
1 ► ACL
Scott R Teach, Deputy County Attorney
4
By:
Donna Fiala, Chairman
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5/10/2016 16.E.3.
Swisherl-inda-
From: Perez, Amarilys [Amarilys.Perez@dot.state.fl.us]
Sent: Wednesday, April 06, 2016 7:52 AM
To: SwisherLinda; Schley, Jamie Sanchious, Cheryl L; Freeman, Jennifer;
Cc: StanleyTherese; KushiEdmond; McLaughlinAlan;
Reis, Rena L; Causseaux, Amy; Fenniman, Erik
Subject: RE: Amended Exhibit B budget for 2016/17
I concur with your budget request. Proceed with your internal approvals and have your attorney coordinate with Erik
Fenniman.
'4114444 ""464'v' " Aqoo'da -Pelex-' P,
Deputy District Maintenance E-119i"Ce"
863-519-2316
From: SwisherLinda fmailto:LindaSwistier@col.Liergov.iiet
Sent: Monday, April 04, 2016 4:10 PM
To: Schley, Jamie; Perez, Arnarilys
Cc: StanleyTherese; KushiEdmond; McLaughlinAlan
Subject: RE: Amended Exhibit B budget for 2016/17
Jamie and Amy,
Per your request please find attached the revised budget for 2017 please review if You concur please send an
e-mail confirming your approval so that I may move forward with submitting it to the Collier County Board of
Commissioners.
Thank you for your assistance.
Iindaswisher@colliergov.net.
239 695-4114
From: Schley, Jamie [Lnailto:3amle.Schley(@dot.state.fl,u
Sent: Monday, March 28, 2016 11:37 AM
To: Swishert-incla
Cc: Perez, Amarilys; McLaughlinAlan; SummersDan
Subject: RE: Amended Exhibit B budget for 2016/17
Good morning,
I checked the CPI for FY 2016/2017 and there will be no increase to your contract. Tile
budget amount will remain $1,522,069.60. Please modify your budget to match this amount.
Let me know if you have any questions. Thanks!
District One Maintenance Senior Contracts Manager
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5/10/2016 16.E.3.
FUUT
Florida department of Transportation
RICK SCOTT 801 North Broadway Avenue ANANTH PRASAD, P.E.
GOVERNOR Bartow, FL 33830 SECRETARY
June 9, 2014
Mr. Dan E. Summers
Collier County Bureau of Emergency Services
8075 Lely Cultural Parkway, Suite 445
Naples, Florida 34113
RE: Notice to Proceed
Contract No: ARF81; Financial Project No: 435389-1-94-01
Fire Station at Mile Marker 63 Rest Area, Collier County
Dear Mr. Summers:
This is to inform. you that you are herby authorized to begin work on the above referenced project in accordance
with the Interlocal Agreement between the Florida Department of Transportation and Collier County executed
on May 9, 2014 to operate a Fire Station on Alligator Alley. This letter will serve as your Notice to Proceed
and this contract will end on June 30, 2018.
The amount of $1,761,235.00 has been encumbered and is available for use on Capital Expenses associated
with the Fire Station, Subsequent year funding for Operating Funds will be authorized as available in July of
each year.
Our kick off meeting will be held on June 18"' at 10 am in the SWIFT Center located at the 1-75/Daniels
Parkway Rest Area. I will be your Project Manager. Should you have any questions, please feel free to contact
me at 863-519-2316 or Amarilys.Perez@dot.stateJJ.us.
Sincerely,
Y
��
An rilys "Amy" Alfonso -Perez, P.E.
AssYstant District Maintenance Engineer
rte\
www.dot.state.tl.us
Packet Page -870-
Dwight E. Brock
Clerk of Courts
April 11, 2014
11 ;.�oWnty.® Collier
CLERK OE YHE dRCUiCOURT
COLLIER COUNTY OURTH SE
3315 TAMIAMI TRAI J<AST SA 102
P.O. BOX 411044 IN
NAPLES, FLORIDA 34f91-3044
Florida Department of Transportation
Chief, Contracts and Real Property
Attn: Erik R. Fenniman
605 Suwannee Street, M.S. 58
Tallahassee, Florida 32399-0458
5/10/2016
11A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Re: Resolution 2014-71/Interlocal Agreement & Airspace Agreement —
Alligator Alley Mile Marker 63 Public Safety Station
Transmitted herewith are (3) three originals b e thelCollielexecuted
Colln y Board oy your lfe,
of the above referenced documents, �as adoptedy April g� 2{)14,
County Commissioners of Collier County, Florida on Tuesday,
during Regular Session.
Very truly yours,
DWIGHT E. BROCK, CLERK
Martha Vergara, Dep'It Clerk
Enclosure
.-. T Phone -(239)252-2646 Fax -(239)252-2755
Website - www.coliierc eerk.com Email - coliierclerk collierclerk.com
Packet Page -871-
16.E.3.
5/10/2016 16.E.3.
IA
Office of the County Attorney
JelTro, A. Klatzkoxv
13eputt C'ommtk Altorne • Scud R. Teaeh
11ana} ing .\ssislanl Counh Attorney • I fcidi F. Ashlon-Cicko" •io.:,r < <, :r ,i c n, c'...,„, .,na l..zl h,w• eneia l .,,,
\ssktant Cuuntt A(tornevs • Colleen \i. Gr"nc Ke%in I.. Noell t•:ntih- R. Pepin Scott A. Stolle Jcm-liftr B. White
April 9, 2014
Erik R. Fenniman
Chief, Contracts and Real Property
Florida Department of Transportation
605 Suwannee Street, M.S. 58
Tallahassee, Florida 32399-0458
Re: Alligator Alley Mile Marker 63 Public Safety Station /
Executed Interlocal Agreement and Airspace Agreement between
Collier County Florida and the Florida Department of Transportation
Dear Erik:
On April 8, 2014, the Board of County Commissioners approved the execution of the Interlocal
and Airspace Agreements pertaining to the Alligator Alley Mile Marker 63 Public Safety Station.
I am attaching hereto three originally signed copies of the Interlocal Agreement and the Airspace
Agreement for you to arrange countersignatures with the appropriate FDOT staff. We have left
the Agreements undated for FDOT to date and to return one each to our attention so that we can
record those agreements with the Clerk of Court.
I want to thank you again for your assistance in working through this item and promoting a
mutually agreeable resolution. Should you have any questions regarding this matter, please let
me know.
Sincerely,
<
Scott R. Teach
Deputy County Attorney
SRT/
Enclosures: Interlocal Agreement, Airspace Agreement
t�yy Vast'1'nniivni Trail, Suite 44)o • Naples FloriJa 3-1112-57.19 • i':id1 2.7)2-8.11)() • FAN: ('-,39) -1.52-6:J00
Packet Page -872-
?e-1
5/10/2016 16.E.3.
EXHIBIT D- RESOLUTION OF COUNTY
RESOLUTION 2014-71
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA, AUTHORIZING ITS CHAIRMAN TO
EXECUTE AN INTERLOCAL AGREEMENT AND AN AIRSPACE
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION ("FDOT") PROVIDING FOR THE LEASE OF A
FIRE STATION FROM THE FDOT AT MILE MARKER 63 ON
ALLIGATOR ALLEY IN COLLIER COUNTY, FLORIDA.
WHEREAS, the Board of County Commissioners of Collier County, Florida, finds it is
in the public's interest to enter into an Interlocal Agreement and an Airspace Agreement with the
Florida Department of Transportation allowing for the lease of a fire station located at the mite
marker 63 rest area on Alligator Alley in Collier County, Florida to allow emergency vehicles to
provide a faster emergency response time to the public; and
WHEREAS, the property to be leased to Collier County under the Airspace Agreement
is for the public purpose of operating a fire station that will include personnel and equipment
capable of providing rescue and emergency medical services to motorists travelling on Alligator
Alley (I-75); and
WHEREAS, the Interlocal Agreement sets forth the terms, conditions and
responsibilities of FDOT and Collier County with respect to funding for the fire station, the
respective duties of the parties to provide services at the mile marker 63 fire station and other
such matters; and
WHEREAS, the Collier County Board of Commissioners agrees to maintain the fire
station and any encompassed structures or amenities in accordance with the terms and conditions
of the Airspace Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Department- Collier County Interlocal Agreement
25
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5/10/2016 16.E.3.
1. The Collier County Board of Commissioners approves and authorizes its Chairman to
sign the Interlocal Agreement and the Airspace Agreement with the FDOT.
2. A certified copy of this Resolution shall be forwarded to FDOT along with the
Interlocal Agreement and Airspace Agreement for execution by FDOT.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same,
this_ day of , 2014.
ATTEST-
• a.a05
pwlbjI�?'•1 -BR CK, CLERK
t-4 t0 �a�lilltiil�'�eputy Cle
Sigma N8
Approved as to form and
legalit
SCOTT R. TEACH
DEPUTY COUNTY ATTORNEY
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, LORIDA
BY:
Henning, Chai woman
Department- Collier County Interlocal Agreement
26
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1A
r,.
INSTR 4987197 OR 5041 PG 1688
Financial Management No. 435380-1-94-01 RECORDED 5/28/2014 8 43 AM PAGES 35
DWIGHT E. BROCK. CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
CSFA No. 55.036 REC $299.00
Contract No.
INTERLOCAI., AGREEMENT
This Memorandum of Agreement is entered into the `'� � _ day of 2014
("Effective Date"), between the BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, a political subdivision of the State of Florida (the "County") and THE
FLORIDA DEPARTMENT OF TRANSPORTATION (`DEPARTMENT") (collectively, the
"Parties" and each a "Party")
RECITALS
A. The County provides tire, rescue and emergency management services along Alligator
Alley through its dependent Fire District, the Ochopcc Fire Control and Rescue District and the
County's Emergency Medical Services. The parties are authorized to enter into this Agreement
pursuant to Section 163.01, Florida Statutes and Section 338.26(3), Florida Statutes. Each of the
agency" as defined in Section 163.01, Florida Statutes. The County by
Parties is a "public
Resolution; a copy of which is attached to and incorporated into this agreement as Exhibit "D" is
authorized to enter into this Agreement.
B. The 2011 Florida Legislature amended Section 338.26(3), Florida Statutes to provide a
conditional funding source to develop and operate a fire station at the DEPARTMENT'S Mile
Marker 63 Rest Area ("the Fire Station") on Alligator Alley in Collier County, Florida. The
amendment authorizes the use of fees generated from tolls on Alligator Alley, atter the payment
of certain other expenses and costs, to develop and operate the Fire Station to provide tire, rescue
and emergency management services to the adjacent counties along Alligator Alley. Section
338.26(3),(201 -3 Florida Statutes, states:
Fees generated from tolls shall be deposited in the State
Transportation Trust Fund, and any amount of funds generated
annually in excess of that required to reimburse outstanding
contractual obligations, to operate and maintain the highway and
toll facilities, including reconstruction and restoration, to pay for
those projects that are funded with Alligator Alley toll revenues
and that are contained in the 1993-1994 adopted work program or
the 1994-1995 tentative work program submitted to the Legislature
on February 22, 1994, and to develop and operate a fire station at
Department- Collier County Interlocal Agreement
1
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5/10/2016 16.E.3.
1 I A
mile marker 63 on Alligator Alley to provide fire, rescue, and
emergency management services to the adjacent counties along
Alligator Alley, may be transferred to the Everglades Fund of the
South Florida Water Management District.
C. In accordance with the statute the DEPARTMENT included construction of the Fire
Station within the scope of design build contract EIJ69, awarded to Wright Construction Group,
Incorporated on November 17, 2012, financial project number 200716-2-52-01, to rebuild the
DEPARTMENT's rest area at Mile Marker 63. Work began on the contract on December 5,
2012. The construction of the Fire Station is close to being finished.
D. The DEPARTMENT and the County disagree on the meaning of the 2011
amendment, the costs that the amendment authorizes the DEPARTMENT to pay, and the
DEPARTMENT'S authority to utilize State Transportation Trust Fund revenues for the
provision of public safety services.
E. The Department intends to continue to seek legislative clarification of the meaning of
the amendment. In anticipation of receiving such clarification, the DEPARTMENT is willing to
fund the Fire Station, from lawfully available excess Alligator Alley toll revenues, as more
specifically provided herein, and in accordance with the requirements of the Resolution of the
Division of Bond Finance of the State Board of Administration adopted December 10, 1996, as
such Resolution may be amended or supplemented from time to tinge (the "Resolution"), under
which Bonds (as that term is defined in the Resolution) have been issued and are payable from
the revenues of Alligator Alley ("Lawfully Available Revenues"), certain costs of the County
anticipated to be incurred for personnel, equipment, and other expenses associated with the
County's public safety operations based at the Fire Station,
AGREEMENT
TI -16 PARTIES HEREBY AGREE AS FOLLOWS:
SECTION 1. RECITALS
The recitals above are incorporated in this Agreement.
SECTION 2. PURPOSE.
The Purpose of this Agreement is to provide the terms and conditions under which the
DEPARTMENT will provide funding to the County for the County's expenses in purchasing
Department- Collier County Interlocal Agreement
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i A
equipment, compensating County employees, and otherwise providing tire, rescue and
emergency services utilizing the Fire Station.
SECTION 3. TERM.
This Agreement is effective on the F_.ffective Date and shall remain in effect for four complete
years (1460 days) from July 1, 2014 through no later than June 30, 2018 unless earlier terminated
as provided below (the "Term"). In connection with this Agreement, the parties will enter into a
long term public purpose lease (the "Air Space Agreement") a copy of which is attached as
Exhibit "A"), which Air Space Agreement will survive beyond the term of earlier termination of
this Agreement to allow the County to continue to occupy the Fire Station after the expiration of
this Agreement.
SECTION 4. DUTIES OF DEPARTMENT.
During the Term of this Agreement, the DEPARTMENT shall, contingent on legislative
appropriation and the availability of Lawfully Available Revenues:
A. Complete construction of the Fire Station, including; basic furnishings, fixtures and
equipment as outlined in the capital (one time) purchases in Exhibit `B" located at Mile
Marker 63 on 1-75, Alligator Alley, Collier County, Florida, for the exclusive use of the
County for the duration of this Agreement and pursuant to the Air Space Agreement. The
County may, at the discretion of the County Director of Emergency Services, extend the
use of the Fire Station to other State and County First Responder Agencies for satellite
office space or itinerate public safety vehicle parking, as permitted under the Air Space
Agreement.
B. Provide water, sewer and trash services at the Fire Station, subject to the terms of the Air
Space Agreement,
C. Provide exterior maintenance at the Fire Station, including but not limited to:
landscaping, mowing, tree trimming, litter management, painting and driveway
maintenance, subject to the terms of the Air Space Agreement.
D. Provide interior maintenance at the Fire Station, including but not limited to: water,
sewer, and plumbing without charge to the County, subject to the terms of the Air Space
Agreement.
E. Provide routine, preventative maintenance and repair of the Fire Station's standby
generator, without charge to the County, subject to the terms of the Air Space Agreement.
Department- Collier County interlocal Agreement
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5/10/2016 16.E.3.
F. Provide technical and minor construction assistance, as may be required, to locate non -
potable water sources adjacent to the Fire Station required for filling firefighting water
tanks on fire apparatus.
G. Provide communication equipment and/or two-way radio linkages between the assigned
Road Ranger(s), assigned asset management organization(s), Florida Highway Patrol and
nearby toll gates on Alligator Alley, using the State Law Enforcement Radio System
(SLERS) without charge to the County.
1-1. Meet with the County/Ochopee Fire Control and Rescue District at least quarterly to
discuss any issues concerning the state of repair of the Fire Station and to coordinate any
necessary repairs in a timely manner.
Cooperate in the implementation of any security systems including but not limited to
access controls, closed circuit television security systems, weather reporting systems,
traffic management cameras for emergency response coordination and other building
automation that may be needed via the internet or other communication systems.
J. Disclose all master plans and daily operational plans with respect to the future opening of
recreational access areas in proximity to the Fire Station to the County so that it can
adequately plan and anticipate the necessary resources to address service levels for land
search and rescue, water search and rescue, missing persons, wildfires and other
emergency situations.
K. The DEPARTMENT understands and acknowledges that any equipment, apparatus and
vehicles that may be funded pursuant to the terms of this Agreement shall be titled to the
Collier County Board Of COttnty Commissioners.
SECTION 5. DUTIES OF THE COUNTY.
The County shall have and perform the following duties, obligations and responsibilities:
A. Avoid, mitigate and actively prevent any and all safety and operational hazards to the
DEPARTMENT'S mile marker 63 Rest Area. Ensure that the County's use of the Fire
Station will not impair the full use and safety of Alligator Alley.
B. Provide the following general services at the Fire Station: fire protection, rescue, first
response advance life support emergency medical response services and fire prevention
services.
Department- Collier County interlocal Agreement
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11A
C. Provide a phased approach to hiring, training and supplying manpower to the Ochopee
Fire Control and Rescue District to ensure readiness for the commencement of
emergency operations on day one of opening the Fire Station. The County estimates that
the Fire Station will be fully staffed, equipped and otherwise operational no earlier than
October 1, 2014.
D. Support existing response operations to Alligator Alley until the Fire Station is
constructed and ready for occupancy.
E. Provide the expertise to specify the apparatus and procure through competitive
solicitations the acquisition of fire trucks, rescue vehicles, support vehicles, and other
emergency response assets, supplies, disposable items and safety resources determined
necessary to be procured fi-om available funding derived from DF..PARTMF.,NT provided
available funds from Alligator Ailey. Such items may include but not be limited to:
hose, nozzles, protective clothing, uniforms, emergency lighting, firefighting foam, two-
way radios, mobile and Public Safety Station computers, off-road vehicles, support
vehicles, supply trailers for major responses, water rescue resources, land rescue
resources, gps devices, furniture, fixtures and equipment, including but not limited to,
computer monitors, televisions, telephones, data, cable, aircraft grade weather
instrumentation and satellite communicates devices at the Fire Station.
F. Provide the necessary property, pollution and liability insurance on all fire trucks,
apparatus, rescue vehicles, support vehicles, and other emergency response assets and
safety resources utilized in the operations at the Fire Station.
U. Provide reasonable accommodations for satellite office space and emergency shelter for
Florida Highway Patrol Officers, Collier County Sheriffs Officers and State Road
Rangers.
H. Provide an 800 MHz Radio System and manage telecommunications and computing
needs unless voice and data infra -structure resources are offered as an integrated
component of the Fire Station.
i. Provide fire -rescues services in support of vehicle accidents, hazardous materials
response, vehicle extrication, dive -rescue support, car fire and adjacent wildfire and
wild -land fire -fighting and water searches and basic emergency medical care through
Ochopee Fire Control and Rescue District personnel.
J. Provide supplementary support. services from other public fire department agencies
through existing or future mutual aid agreements with the Ochopee Fire Control and
Department- Collier County interlocal Agreement
5
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I 1A
Rescue District, as a dependent district of the County, as County deems it necessary to
fulfill its obligations under this Agreement consistent with normal lire operations.
K. Provide County Emergency Medical Services Personnel to supply, at a minimum, the
following Advanced Life Support services originating at the Dire Station :
(i) One fully trained advanced life support paramedic per shift capable of
supporting on -scene emergency medical care as well as being part of any
necessary fire -fighting team. The assigned paramedic will be fully
equipped with a complement of drugs, automated external defibrillator,
basic fire and rescue resources and a non -transport utility vehicle to allow
for rapid response to single or concurrent emergency medical incidents.
(ii) At its discretion, the County may provide additional personnel for an on-
site transport crew and ambulance at the Public Safety Station. Instances
where such a need may arise include but are not limited to elevated threats
for fire emergencies, hurricane evacuation, nuclear power plant
evacuations, Governor mandated interstate contra -flow and/or escalated
homeland security concerns.
(iii) County will continue to provide its aero -medical flight services and
transport charges in accordance with its current operating manual, weather
minimums and Federal Aviation Administration protocols and guidance.
The County will maintain operational control of the adjacent helispot.
(iv) County will not be responsible for any ancillary duties related to the
management of gates, permits, visitor logs or related duties as it pertains to
recreational access visitor information needs and recreational access
controls.
L. Provide all necessary training, supervision and leadership of County/Ochopee
Fire Control and Rescue District personnel to perform prompt and
professional services out of the Fire Station pursuant to Exhibit "B."
SECTION 6. AUDITS AND MONITORING REQUIREMENTS.
A. The administration of resources awarded by the DEPARTMENT to the County
may be subject to audits and/or monitoring by the DEPARTMENT, as described in this section.
In addition to reviews of audits conducted in accordance with OMB Circular A-] 33, as revised,
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and Section 215.97, Florida Statutes, monitoring procedures may include, but not be limited to,
on-site visits by DEPARTMENT staff, limited scope audits as defined by OMB Circular A-133,
as revised, and/or other procedures. By entering into this Agreement, the County agrees to
comply and cooperate fully with any monitoring procedures/processes deemed appropriate by
the DEPARTMENT. in the event the DEPARTMENT determines that a limited scope audit of
the County is appropriate, the County agrees to comply with any additional instructions provided
by the DEPARTMENT stair regarding such audit. The County further agrees to comply and
cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief
Financial Officer (CFO) or Auditor General.
13. The County, as a local governmental entity as defined by Section 215,97(2)(j),
Florida Statutes, is required to have audits performed annually using the following; criteria:
(i) In the event that the County expends a total amount of state financial assistance
equal to or in excess of $500,000 in any fiscal year of the County, the County
must have a state single or project -specific audit for such fiscal year in accordance
with Section 215.97, Florida Statutes; applicable rules of the Executive Office of
the Governor and the CFO; and Chapters 10.550 (local government entities) or
10.650 (non-profit and for-profit organizations), Rules of the Auditor General.
EXHIBIT C to this agreement indicates state financial assistance awarded through
the DEPARTMENT by this agreement. In determining; the state financial
assistance expended in its fiscal year, the County shall consider all sources of
state financial assistance received from the DEPARTMENT, other state agencies,
and other non -state entities. State financial assistance does not include Federal
direct or pass-through awards and resources received by a non -state entity for
Federal program matching; requirements.
(ii) In connection with the audit requirements, the County shall ensure that the audit
complies with the requirements of Section 215.97(8), Florida Statutes. This
includes submission of a financial reporting package as defined by Section
215.97(2)(e), Florida Statutes, and Chapters 10.550 (local government entities) or
10.650 (non-profit and for-profit organizations), Rules of the Auditor General.
(iii) if the County expends less than $500,000 in state financial assistance in its fiscal
year, an audit conducted in accordance with the provisions of Section 215.97,
Florida Statutes, is not required. In the event that the County expends less than
$500.000 in state financial assistance in its fiscal year and elects to have an audit
conducted in accordance with the provisions of Section 215.97, Florida Statutes,
the cost of the audit must be paid from non -state entity's resources (i.e., the cost
of such an audit must be paid from the County's resources obtained from other
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11A
than State entities).
(iv) State awards are to be identified using the Catalog of State Financial Assistance
(CSFA) title and number, award number and year, and name of the state agency
awarding it.
(v) The County shall follow tip and take corrective action on audit findings.
Preparation of a summary schedule of prior year audit findings, including
corrective action and current status of the audit findings is required. Current year
audit findings require corrective action and status of findings.
(vi) Records related to unresolved audit findings, appeals, or litigation shall be
retained until the action is complete or the dispute is resolved. Access to project
records and audit work papers shall be given to the DEPARTMENT, the
Comptroller, and the Auditor General. This section does not limit the authority of
the DEPARTMENT to conduct or arrange for the conduct of additional audits or
evaluations of state financial assistance or limit the authority of any other state
official.
(vii) Any reports, management letter, or other information required to be submitted to
the DEPARTMENT pursuant to this Agreement shall be submitted timely in
accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550
(local government entities) or 10.650 (non-profit or for-profit organizations),
Rules of the Auditor General, as applicable. The DEPARTMENT'S repent
submission information is:
l;lectronic copy to: E._DO I'Siil�sl�:\i tli.t_ii dot.state.11.us
Mail: Florida Department of Transportation
Office of Comptroller
Single Audit Section, MS 24
605 Suwannee Street
Tallahassee. Florida 32399-0450
(viii) The County, when submitting financial reporting packages to the DEPARTMENT
for audits done in accordance with OMB Circular A-133 or Chapters 10.550
(local government entities) or 10,650 (non-profit or for-profit organizations),
Rules of the Auditor General, should indicate the date that the reporting package
was delivered to the County in correspondence accompanying the reporting
package.
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1 I N
(x) The County shall retain sufficient records demonstrating its compliance with the
terms of this Agreement for a period of at least five (5) years from the date the
audit report is issued, and shall allow the DEPARTMENT or its designee, the
state CFO or Auditor General access to such records upon request. The Authority
shall ensure that the independent audit working papers are made available to the
DEPAR'T'MENT, or its designee, the state CFO, or Auditor General upon request
for a period of at least five years from the date the audit report is issued, unless
extended in writing by the DEPARTMENT.
SECTION 7. COMPLIANCE WITH LAWS.
A. The County shall allow public access to all documents, papers, letters, or other
material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
Authority in conjunction with this Agreement. Failure by the County to grant such public access
shall be grounds for immediate unilateral cancellation of this Agreement by the DEPART'MEN'T'.
B. The County shall comply with all federal, state and local laws and ordinances
applicable to the work or payment for work thereof. The County shall not discriminate on the
grounds of race, color, religion, sex or national origin in the performance of work under this
Agreement,
C. No funds received pursuant to this Agreement may be expended for lobbying the
Legislature, the judicial branch, or a state agency,
D. Nothing in this Agreement or the Air Space Agreement may be construed as
creating an agency relationship. The County, its employees, and subcontractors are not agents of
the DEPARTMENT.
SECTION S. FUNDING AND BUDGET PREPARATION.
A. The Fire Station will be staffed and operational in accordance with a phased
payment process by the DEPARTMENT in conjunction with the State's Fiscal Year (SFY)
calendar. The DEPARTMENT's funding for SFY 2013/14 has been arncnded to add funding for
the purchase of equipment. The DEPARTMENT has included the finding in the tentative work
program for SFY 2011/15, SFY 2015/16, SFY 2016/17 and SFY 2017/18. Funding is contingent
upon an annual legislative appropriation. The County's duty to perform as set forth Section 5 is
subject to the Department timely providing the funds necessary to procure equipment and obtain
the staffing required to commence operations at the Fire Station.
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In
B. The County shall not enter into any agreement or contract related to Fire Station
operations that would result in an approved Budget category being exceeded by ten percent or
more without the DEPARTMENT's prior written approval.
C. The total annual amount of funding under this Agreement is based on the
estimated Schedule of Funding, Exhibit "B" attached to and incorporated in this Agreement. The
County's estimated funding budget will remain firm for SFY 2014/15 but upon request from the
County, in writing, at least 30 days prior to July I" for each subsequent year of the Agreement; a
price adjustment will be made based on the annual Consumer Price Index (CPI) published by the
Bureau of Labor Statistics of the United States Department of Labor, which uses 1982-1984 as
the base, and is the annual average for all expenditure items for all urban consumers, U.S. city
average. The price adjustment, applied July 1 of every year, will be determined by taking the
ratio of the CPI from the prior calendar year (January through December) to the CPI of the
preceding calendar year. This indexing methodology is consistent with the way the Florida
Department of Transportation (FDOT) uses to adjust toll rates on the Turnpike System and other
toll facilities owned by FDOT.
D. All funds advanced by the DEPARTMENT shall be separated by the County fi-orn
all other funds; and any interest earned shall be returned to the DEPARTMENT with the final
accounting of funds due for capital expenditures and the final accounting of operating expense at
the completion of the contract term of the agreement as appropriate and set forth in the following
sections.
E. Subject to the terms of this Agreement, the DEPARTMENT will fund the County
for its direct actual capital costs an amount not to exceed $1,761,235.00, as outlined in Exhibit
"B." Such amount(s) must be invoiced by the County and may be advanced by the
DEPARTMENT no earlier than 30 days prior to payment being due. An accounting of all funds
advanced and interest earned must be provided to the DEPARTMENT within 90 days of
equipment receipt.
F. In the initial year of the Term and during the subsequent years of the Term and
subject to the terms of this Agreement, the DEPARTMENT will fund the County for its direct
actual costs of operating the fire station an amount each year not to exceed $1,498,100.00, as
outlined in Exhibit "B" and as adjusted for CPI as outlined in paragraph C. above. The County
will invoice and the DEPAR"I'M.ENT will advance $389,000.00 on or before October 1, 2014.
Thereafter, the County will invoice on a monthy basis direct actual costs incurred. The County
will deduct the advance from the last invoices of the contract period. An accounting of all funds
advanced and interest earned must be provided to the DEPARTMENT within 90 days of contract
ending.
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U. Section 338.26(3), Florida Statutes provides a funding source to develop and
operate the Fire Station from excess Lawfully Available Revenues derived from tolls generated
on Alligator Alley that are deposited in the State Transportation Trust Fund, The
DEPARTMENT shall manage and administer the excess lawfully available toll revenue derived
frons Alligator Alley and distribute funds in the amount pursuant to law and the Resolution, at its
sole discretion.
H. The County agrees to bear all expenses in excess of the DEPARTMENT's
participation in this agreement. Travel costs will not be reimbursed.
I. invoices shall be submitted by the County in detail sufficient for a proper pre -
audit and post audit thereof, based on the quantifiable, measurable and verifiable deliverables as
established in Exhibit "B." Deliverables must be received and accepted in writing by the
DEPARTMENT prior to reimbursements.
J. Supporting documentation must establish that the deliverables were received and
accepted in writing by the County. All costs charged by the County shall be supported by
detailed invoices, proof of payments, contracts or vouchers evidencing in proper detail the nature
and propriety of the charges.
K. Records of costs incurred under the terms of this Agreement shall be maintained
and made available upon request to the DEPARTMENT at all times during the period of this
Agreement and for five (5) years after final payment is made. Copies of these documents and
records shall be furnished to the DEPARTMENT upon request. Records of costs incurred
include the County's general accounting records and the Project records, together with supporting
documents and records, of the contractor and all subcontractors performing work on the project,
and all other records of the contractor and subcontractors considered necessary by the
DEPARTMENT for a proper audit of costs. Any discrepancies revealed by any such audit shall
be resolved by a corrected final billing from the County to the DEPARTMENT .
L. In the event this Agreement is for services in excess of $25,000.00 and a term for
a period of more than one (1) year, the provisions of Section 339.135(6)(a), F.S,, are
incorporated:
"The Department, during any Fiscal year, shall not expend money, incur any
liability, or enter into any contract which, by its terms, involves the expenditure of
money in excess of the amounts budgeted as available for expenditure during such
fiscal year. Any contract, verbal or written, made in violation of this subsection is
null and void, and no money may be paid on such contract. The Department
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shall require a statement from the Comptroller of the Department that such funds
are available prior to entering into any such contract or other binding commitment
of funds. Nothing herein contained shall prevent the making of contracts for
periods exceeding 1 year, but any contract so made shall be executory only for the
value of the, set -vices to be rendered or agreed to be paid for in succeeding fiscal
years; and this paragraph shall be incorporated verbatim in all contracts of the
Department which are for an amount in excess of $25,000.00 and which have a
term for a period of more than l year."
M. The DEPARTMENT'S obligation to pay is contingent upon an annual
appropriation by the Florida Legislature as authorized under Section 338.26(3), Florida Statutes.
The Parties agree that in the event funds are not appropriated to the DEPARTMENT for the
Project, this Agreement may be terminated, which shall be effective upon the DEPARTMENT
giving notice ofnon-appropriation to the County.
SECTION 9. INSURANCE.
County shall provide and maintain a Commercial General Liability insurance policy of
not less than One Million and 00/100 Dollars ($1,000,000.00), combined single limits while
occupying the Public Safety Station. In addition, County shall provide and maintain Worker's
Compensation Insurance covering all its employees working at the Fire Station in amounts
consistent with the existing Statutory Limits in compliance with the applicable state and federal
laws. County shall also maintain standard fire and extended coverage insurance on its property
located on or in the Fire Station including, without limitation, furniture, equipment, personal
property and supplies, in an amount not less than the then -existing full replacement value.
County shall maintain Business Automobile Liability Insurance, and Business Boat Liability
insurance, for automobiles and boats used by County in the course of its performance ruder
duties at the Fire Station, each said policy in amounts of One Million and 00/100 Dollars
($1,000,000.00) combined single limit per occurrence.
SECTION 10. OWNERSHIP. MAINTENANCE AND OPERATION.
A. The Fire Station shall be owned by DEPARTMENT but shall be leased to the County
pursuant to the Airspace Agreement (Exhibit "A").
B. The County shall have the exclusive use of the Fire Station, subject to State or Local Law
Enforcement having the ability to station officers, agents or response teams (based on
space and availability).
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C. All equipment, personal property, vehicles, apparatus and supplies acquired by County
with funding provided by DEPARTMENT under this Agreement shall remain the
property of County, notwithstanding any termination of this Agreement.
SECTION 11. INDEMNIFICATION STATEMENT.
Each Party shall be liable for its own actions and negligence and, to the extent permitted
by law, County shall indemnify, defend and hold harmless DEPARTMENT against any actions,
claims and damages arising out of County's negligence in its performance of this Agreement,
and DEPARTMENT shall indemnify, defend and hold harmless County against any actions,
claims, or damages arising out of the DEPARTMENT's negligence in connection with this
Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity
beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to
constitute agreement by either Party to indemnify the other Party for such other Party's negligent
acts or omissions.
SECTION 12. DEFAULT AND TERMINATION.
A. 'chis Agreement shall remain in effect for the Term unless earlier terminated as follows:
I) If either Party fails to fulfill its obligations under this Agreement in a timely and
satisfactory manner, or if either Party breaches any of the provisions, covenants
or stipulations under this Agreement, the other Party shall give a written notice to
the Party in default stating the failure or breach and provide a reasonable time
period for correction of same. In the event the Correction is not made in the
allotted time, the other Party may send a notice of intent to terminate, effective
no earlier than 120 days. Within 30 days of the notice of intent to terminate,
each Party's designated representatives shall meet to resolve the dispute.
2) The performance of any and all provisions of this Agreement by the County and
DEPARTMENT are expressly conditioned upon the availability of funds
lawfully collected, appropriated and budgeted by the DEPARTMENT. If
sufficient Lawfully Available Funds are either not available or are not
appropriated for the DEPARTMENT to fulfill its duties under this Agreement,
this Agreement may be terminated by the DEPARTMENT.
3) The DEPARTMENT shall be entitled to terminate this Agreement effective
immediately upon any determination by the Division of Bond Finance, or a court
with jurisdiction, that any payment by the DEPAR"I'MENT hereunder would
violate the terms of the Resolution.
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SECTION 13. RESOLUTION OF DISPUTES.
Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of DEPARTMENT
and County staff persons who would make the presentation of any settlement reached during
negotiations to their respective agencies for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this Agreement,
the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit
Court Mediator certified by the State of Florida. The mediation shall be attended by
representatives of DEPARTMENT and County staff persons who would make the presentation
of any settlement reached during negotiations to their respective agencies for approval. Should
either party tail to submit to mediation as required hereunder, the other party may obtain a court
order requiring mediation under section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
The Parties may avail themselves of each and every remedy herein specifically given to it
now or existing in law or in equity, and each and every such remedy shall be in addition to every
other remedy so specifically given or otherwise so existing and may be exercised by from time to .-.
time and as often and in such order as may be deemed expedient. The exercise or the beginning
of the exercise, of one remedy shall not be deemed a waiver of the right to exercise, at the same
time or thereafter, of any other remedy. The Parties' remedies as set forth in the Agreement are
not exclusive and are in addition to any other rights and remedies in law or in equity.
SECTION 14. MISCELLANEOUS PROVISIONS.
A. In no event shall the making by the DEPARTMENT of any payment to the
County constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant
or any default which may then exist, on the part of the County, and the making of such payment
by the DEPARTMENT while any such breach or default shall exist shall in no way impair or
prejudice any right or remedy available to the DEPARTMENT with respect to such breach or
default.
B. This Agreement shall be governed by and interpreted in accordance with the laws
of tite State of Florida, Any provision in this Agreement determined by a court of competent
jurisdiction, or any other legally constituted body having jurisdiction, to be invalid or
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unenforceable shall be severable and the remainder of this Agreement shall remain in full force
and effect, provided that the invalidated or unenforceable provision is not material to the
intended operation of this Agreement. Venue for any action arising under this Agreement shall
be in Collier County, Florida.
C. This Agreement shall be effective upon the Effective Date and shall continue in
effect and be binding on the parties until the Project is completed, any subsequent litigation is
complete and terminated, final costs are known, and legislatively appropriated reimbursements,
if approved, are made by the DEPARTMENT.
D. PUBLIC ENTITY CRIME INFORMATION AND ANTI -DISCRIMINATION
STATEMENT; A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building; or public work, may not submit bids on leases of'real
properly to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.0I7,
for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list. An entity or affiliate who has been placed on the discriminatory vendor list may not
submit a bid on a contract to provide any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of a public building or public
�-. work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity.
E. The DEPARTMENT and the County acknowledge and agree to the following;
i. The County shall utilize the U.S. DEPARTMENT of Homeland Security's E -
Verify system to verify the employment eligibility ofall new employees hired by
the County during the term of this Agreement; and
The County shall expressly require any consultants and subconsultants
performing work or providing services pursuant to this Agreement to likewise
utilize the U.S. DEPARTMENT of Homeland Security's E -Verify system to
verify the employment eligibility of all new employees hired by the
consultant/subconsultant during the term of this Agreetnent.
F. No waiver of any breach of this Agreement by any of the Parties shall be held to
be a waiver of any subsequent breach. Failure of any Party to enforce any of the provisions of
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this Agreement, or to require performance of any of the provisions herein, shall in no way be
construed to be a waiver of such conditions, nor in any way effect the validity of this Agreement
or any part thereoT., or the right of any Party to enforce each and every such provision.
G. Nothing in this Agreement shall impair a Party's right to seek injunctive relief
from the Court if immediate and irreparable injury, loss or damage to any rights arising from this
Agreement will occur.
H. This Agreement is solely for the benefit of the Parties to this Agreement and no
third party shall be entitled to claim or enforce any rights under this Agreement. The parties may
not assign this Agreement or any right or obligation of this agreement without the written
consent of the other party, except that in the event that the Ochopee Fire Control and Rescue
District is merged or consolidated into another Fire District, the County may assign the
Agreement to the merged or consolidated Fire District with advance notice to the Department.
1. All notices or other communications shall be deemed sufficient if made in writing
and delivered either by electronic mail or by first-class mail, postage prepaid, to each Party at its
respective address set forth.below, or such other address as such Party may designate to the
others in writing:
COUNTY:
County Manager
Collier County Government
3299 Tamiami Trail East, Suite 202
Naples, Florida 34112
DEPARTMENT :
Florida Department of Transportation
District One Secretary
801 North Broadway Avenue
Bartow, Fl., 33830
Notices sent by mail shall be deemed given when properly mailed, and the postmark affixed
by the United States Post Office shall be conclusive evidence.
This Agreement and its attached exhibits embody the entire Agreement between the
Authority and the DEPARTMENT. No other understandings, oral or otherwise,
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regarding the subject matter of this Agreement shall be deemed to exist or to bind the
Parties hereto.
K. No modification or change to the Agreement shall be valid or binding upon the Parties
unless in writing and executed by the Party or Parties intended to be bound by it.
L. This Agreement may be executed in counterparts and in duplicate originals.
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IN WITNESS WHEREOF, the County and Department have executed this Agreement on
the day and year first above written.
ATTEST:.
DWIGHT E. BROOK, Clerk
Attest as to Chairman's Deputy -'Clerk
signature only. - -
Approved as to forth
and legality:
Sc R. Teach, Deputy County Attorney
r
Legal Review:
�7-
BOARD OF COUNTY COMMISSIONFRS,
COLLIER COUNTY, FLORIDA
By: _ r
Commissioner Tom.flenning, CHAIRMAN
FLORIDA OEPAWOMENI�
OF TRASPORTKI-ION
�'' f''�! �� Y' ••t...
By: -
-A1'0v-r'4 /21o.NDI 6661LfTAQI
(Print Name and Title)
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1 A
EXHIBIT A — Insert Airspace Agreement
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1 1 A
Pall STATE OF FLORIDADE'ARTLdENT OF TRANSPORIATION `; `�f",
Airspace Agreement "GXl `" °'���
Public Purpose Raw I
ITEM/SEGMENT NO.: 2007141
MANAGING DISTRICT: One
F.A.P. NO.: N/A
STATE ROAD NO.: 93(1-75)
COUNTY: Collier
PARCEL NO.: 500 —_
THIS AGREEMENT, made this � � � day of `%� ! V 2014 between
The Board of County Commissioners of Coller County, a political subdivisi n of the State of Florida at 3299 Tamiami Trail East, Suite
202, Naples, Florida 34112 (Lessee) and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (Department). an agency
of the Stale of Florida (State)
WITNESSETH:
WHEREAS, the Department may convey a leasehold in the name of the State. in any land, buildings, or other property real
or personal, acquired under Section 337.25, Florida Statutes: and
WHEREAS, the United States Department of Transportation, Federal Highway Administration (FHWA). requires any use of
airspace above, and/or below the highway's established gradeline. lying within the approved right of way limits on a Federal Aid
System. to be accomplished pursuant to an airspace agreement in accordance with 23 CFR, Part 710. and
WHEREAS, the Department has acquired sufficient legal right, title, and interest in the right of way of Parcel 500
which includes the property described in Exhibit "A" attached hereto and made a part hereof.
which right of way Is part of a highway on a Federal Aid System: and
WHEREAS, the Department desires to lease to Lessee the airspace above or below the gradeline of the property described In
Exhibit "A", attached and made a part hereof for the following purpose: Fire Station for Collier County located on 1-75 (Alligator
Alley) at the mile marker 63 rest area.
WHEREAS, the proposed use will not impair the full use and safety of the highway, require or permit vehicular access to
such space directly from the established gradeline of said highway. or interfere with the free Flow of traffic on said highway.
NOW. THEREFORE, in consideration of the premises made a part hereof, and the covenants. promises. understandings. and
agreements made by each party to the other as set forth herein, the Department and the Lessee do hereby mutually agree as follows
Premises
The premises hereto are true and correct and form an integral part of this Agreement.
Tenn
The Department does hereby lease unto Lessee the airspace above or below gradeline of the property for a period of
Fifty (50) years beginning with the date of this Agreement. One renewal of this Agreement may be made for
Fifty (50) years ,__. However, except for a public purpose
conveyance, such renewal may not exceed five years. Nothing herein shall be construed to in any way grant an interest in the property
lying below said airspace
Rent
a. Lessee shall pay to the Department as rent each [] month ❑ quarter ❑ year on or before the first day of each rent
payment period, N/Aplus applicable sales lax. When this Agreement is terminated, any unearned rent and
sales tax payment shall be refunded to Lessee. However, no such refund shall be made where termination is due to Lessee's violation
of a tern or condition of this Agreement.
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11A 4
OF WAY
b. The Department reserves the right to review and adjust the rental fee biannually and at renewal to reflect market
conditions.
c. All rental payments are to be made by check or money order, payable to the State of Florida Department of Transportation
and delivered on or before the due date to: N/A
d. Lessee shall be responsible for all state, county. city, and local taxes that may be assessed, Including real property taxes
and special assessments. In the event that no rent is specified herein, then it has been determined that either the use by Lessee is a
nonproprietary use by a governmental agency or an exception from the current fair market rental value requirement (23 U.S C. Section
156) has been obtained for social. environmental, or economic mitigation (SEE) purposes. in the event that it should be determined at
any time that the use Is not a nonproprietary use by a governmental agency or that the SEE exception does not apply or has been
revoked, Lessee agrees to pay. at that time, rent as determined to be the fair market rental value by an independent appraiser certified
by the Department. and Lessee further agrees to pay such rent, under the remaining terms and conditions of this Paragraph 3. for the
remaining tern (including renewals) of this Agreement.
e. Any installment of rent not received within ten (10) days after the due date shall bear interest at the highest rate allowed by
law from the due date thereof, per Section 55.03(1), Florida Statutes. This provision shall not obligate the Department to accept late
rent payments or provide Lessee a grace period.
Use. Occupancy, and Maintenance
a. The Lessee shall be responsible for developing and operating the airspace as set forth herein.
b. The Lessee's proposed use of the airspace is as follows: Fire Station serving the western counties of Alligator Alley (1-75)
at mile marker 63 Rest Area.
c The general design for the use of the airspace, including any facilities to be constructed, and the maps. plans. and sketches
setting out the pertinent features of the use of the airspace in relation to the highway facility are set forth in composite Exhibit "B"
attached hereto and by this reference made a part hereof. In addition, said composite Exhibit "B" also contains a three-dimensional
description of the space to be used, unless the use is of a surface area beneath an elevated highway structure or adjacent to a highway
roadway for recreation. public park. beautification, parking of motor vehicles. public mass transit facilities. or other similar uses, In which
case, a metes and bounds description of the surface area, together with appropriate plans or cross sections clearly defining the vertical
use limits. may be substituted for said three-dimensional description in said composite Exhibit "B"
d. Any change in the authorized use of the airspace or revision in the design or construction of the facility described in Exhibit
"B" shall require prior written approval from the appropriate District Secretary of the Department, subject to concurrence by the FHWA.
e. The Department, through its duly authorized representatives, employees, and contractors, and any authorized FHWA
representative. may enter the facility at any time for the purpose of inspection, maintenance, or reconstruction of the highway and
adjacent facilities, when necessary; or for the purpose of surveying, drilling, monitoring well installations, sampling, remediation, and
any other action which is reasonable and necessary to conduct an environmental assessment or to abate an environmental hazard.
f. Lessee. at Lessee's sole cost and expense, shall maintain the facility to occupy the airspace so as to assure that the
structures and the area within the highway right of way boundaries will be kept in good condition. both as to safety and appearance.
Such maintenance will be accomplished in a manner so as to cause no unreasonable interference with the highway use In the event
that Lessee fails to so maintain the facility, the Department, through its duly authorized representatives, employees, and contractors,
may enter the facility to perform such work, and the cost thereof shall be chargeable to the Lessee and shall be immediately due and
payable to the Department upon the performance of such work.
g. Portable or temporary advertising signs are prohibited.
h. The design. occupancy, and use of the airspace shall not adversely affect the use. safety, appearance, or enjoyment of the
highway by smoke. fumes, vapors. odors. droppings, or any other objectionable discharges or emissions, or nuisances of any kind
therefrom
i. When, for the proposed use of the airspace, the highway requires additional highway facilities for the proper operation and
maintenance of the highway, such facilities shall be provided by the Lessee without cost to either the Department or the FHWA and
^ subject to both Department and FHWA approval.
f. The proposed use shall not cause or allow any changes in the existing drainage on the property under the airspace.
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^,GC Ci:V
Parte
k. Lessee shall not occupy. use, permit, or suffer the airspace, the property, the facility, or any part thereof to be occupied or
used for any illegal business use or purpose, for the manufacture or storage of flammable. explosive, or hazardous material, or any
other hazardous activity. or in such manner as to constitute a nuisance of any kind, nor for any purpose or in any way in violation of any
present or future federal, state, or local laws, orders, directions, ordinances, or regulations.
I. Any activities in any way involving hazardous materials or substances of any kind whatsoever, either as those terms may be
defined under any state or federal laws or regulations, or as those terms are understood in common usage, are specifically prohibited.
The use of petroleum products, pollutants, and other hazardous materials affecting the property is prohibited. Lessee shall be held
responsible for the performance of and payment for any environmental remediation that may be necessary, as determined by the
Department. Similarly, if any contamination either spread to or was released onto adjoining property as a result of Lessee's use of the
airspace under lease. the Lessee shall be held similarly responsible. The Lessee shall indemnify, defend. and hold harmless the
Department from any claim, loss. damage, cost, charge, or expense arising out of any such contamination.
same
m. Existing utilities and all corresponding easements shall remain In place and Lessee shall not disturb or interfere with the
5. Indemnification. (select applicable paragraph)
(Q Lessee is a Governmental Agency
To the extent provided by law, Lessee shall indemnify, defend, and hold harmless the Department and all of its officers,
agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act
by lessee. Its officers, agents, or employees, during the performance of the Agreement, except that neither Lessee, its agents, or its
employees will be liable under this paragraph for any claim, loss, damage, cost, charge. or expense arising out of any act, error.
omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. See
addendum.
When the Department receives a notice of claim for damages that may have been caused by Lessee in the performance of
services required under this Agreement, the Department will immediately forward the claim to Lessee. Lessee and the Department will
evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending
the claim. After reviewing the claim, the Department will determine whether to require the participation of Lessee in the defense of the
claim or to require that Lessee defend the Department in such claim as described in this section. The Department's failure to promptly
notify Lessee of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Lessee.
The Department and Lessee will each pay its own expenses for the evaluation, settlement negotiations. and trial, if any.
Note. No longer required for local governments.
C Lessee is not a Governmental Agency
Lessee shall indemnify, defend, save. and hold harmless the Department, its agents, officers, and employees. from any
losses. fines, penalties, costs, damages. claims, demands, suits, and liabilities of any nature, including attorney's fees (including
regulatory and appellate fees), arising out of or because of any acts, action, neglect, or omission by Lessee. or due to any accident.
happening, or occurrence on the leased property or arising in any manner from the exercise or attempted exercise of Lessee's rights
hereunder whether the same regards person or property of any nature whatsoever, regardless of the apportionment of negligence,
unless due to the sole negligence of the Department.
Lesee's obligation to indemnify, defend, and pay for the defense or at the Department's option, to participate, and to
associate with the Department in the defense and trial of any claim and any related settlement negotiations, shall be triggered by the
Lessor's notice of claim for indemnification to Lessee. Lessee's inability to evaluate liability or its evaluation of liability shall not excuse
Lessee's duty to defend and indemnify within seven days after such notice by the Department is given by registered mail. Only an
adjudication or judgment after the highest appeal is exhausted specifically finding the Department solely negligent shall excuse
performance of this provision by Lessee. Lessee shall pay all costs and fees related to this obligation and its enforcement by the
Department. The Department's failure to notify Lessee of a claim shall not release Lessee of the above duty to defend.
Note: No longer required for local governments.
6. Insurance. Lessee at its expense, shall maintain at all times during the term of this Agreement, public liability Insurance
protecting the Department and Lessee against any and all claims for injury and damage to persons and properly, and for the loss of life
or property occurring in, on, or about the land arising out of the act, negligence, omission, nonfeasance, or malfeasance of Lessee. its
employees, agents, contractors, customers, licensees, and invitees. Such insurance shall be carried in a minimum amount of not less
than NIA ($0.00 ) for bodily injury or death to any one person or any number of persons In
any one occurrence and not less than NIA ($ 0.00 J for property damage, or a combined
coverage of not less than NIA ($ 0.00 ). All such policies shalt be issued by companies licensed
to do business in the State of Florida and all such policies shall contain a provision whereby the same cannot be canceled or modified
unless the Department is given at least sixty (60) days prior written notice of such cancellation or modification. Lessee shall provide ^
the Department certificates showing such insurance to be in place and showing the Department as additional insured under the
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-a,c A rd ,
policies. if self-insured or under a risk management program, Lessee represents that such minimum coverage for liability will be
provided for the property. NOTE: COLLIER COUNTY IS SELF INSURED.
7. Termination
a. This Agreement may be terminated by either party without cause upon "See the Addendum to the Airspace Agreement,
Number 7.9. on Page Seven" ( ) days prior written notice to the other party.
b. It is understood and agreed to by the Lessee that the Department reserves the right to terminate this Agreement
immediately without prior notice. in the event the Lessee violates any of the conditions of this Agreement and such violation is not
corrected within a reasonable time after written notice of noncompliance has been given. In the event the Agreement is terminated and
the Department deems it necessary to request the removal of the facility on the property, the removal shall be accomplished by the
Lessee in a manner prescribed by the Department at no cost to the Department or the FHWA.
c. The Lessee must notify the Department of its intention to renew this Agreement not later than thirty (30) days prior to the
expiration of the original term. Lessee's failure to comply with the foregoing notice provision may result in the Department's refusal to
renew the Agreement.
d. Upon termination of this Agreement. Lessee shall deliver the property to the Department, or its agents, in the condition
existing at the commencement of this Agreement, normal wear and tear excepted, unless a facility, any improvement, or any part
thereof has been constructed on the property.
e. If removal of the facility, improvements, or any part thereof is requested by the Department, any such structures shall be
removed by the Lessee at Lessee's expense by midnight of the day of termination of this Agreement and the property restored as
nearly as practicable
f. This Agreement is terminable by the Department in the event that the facility ceases to be used for its intended purpose or
is abandoned
Eminent Domain
Lessee acknowledges and agrees that its relationship with the Department under this Agreement is one of landlord and tenant
and no other relationship either expressed or implied shall be deemed to apply to the parties under this Agreement. Termination of this
Agreement for any cause shall not be deemed a taking under any eminent domain or other law so as to entitle Lessee to compensation
for any interest suffered or lost as a result of termination of this Agreement, including any residual interest in the Agreement or any
other facts or circumstances arising out of or in connection with this Agreement.
Lessee hereby waives and relinquishes any legal rights and monetary claims which it might have for full compensation, or
damages of any sort. including special damages, severance damages, removal costs, or loss of business profits, resulting from
Lessee's loss of occupancy of the property specified in this Agreement, or any such rights, claims, or damages flowing from adjacent
properties owned or leased by Lessee as a result of Lessee's loss of occupancy of the property specified in this Agreement. Lessee
also hereby waives and relinquishes any legal rights and monetary claims which it might have for full compensation, or damages of any
sort as set out above, as a result of Lessee's loss of occupancy of the property, when any or all adjacent properties owned or leased by
Lessee are taken by eminent domain proceedings or sold under the threat thereof. This waiver and relinquishment applies whether this
Agreement is still in existence on the date of taking or sale or has been terminated prior thereto.
Miscellaneous
a The airspace and Lessee's rights under this Agreement shall not be transferred. assigned, or conveyed to another party
without the prior written consent of the Department, subject to concurrence by the FHWA.
b. in conformance with the Civil Rights Act of 1964 (Title VI. Appendix "C') and 49 CFR Part 21, Lessee agrees as follows:
1. That as a part of the consideration hereof, Lessee does hereby covenant and agree as a covenant running with the land
that (1) no person, on the ground of race, color, sex, or national origin shall be excluded from participation in, be denied the benefits of,
or be otherwise subjected to discrimination in the use of said property and facility; (2) that in connection with the construction of any
improvements on said property and facility and the furnishing of services thereon, no discrimination shall be practiced in the selection of
employees and contractors, by contractors; and (3) that the Lessee shall use the property and facility in compliance with all other
requirements imposed pursuant to 15 CFR Part 8, Subpart A.
2. That in the event of breach of any of the above covenants, the Department shall have the right to terminate this Agreement
and to re-enter and repossess said property and the facility thereon, and hold the same as if this Agreement had never been made or
issued
c. During the term of this Agreement Lessee shall, at Lessee's own cost and expense, promptly observe and comply with all
present or future laws, requirements, orders. directions, ordinances, and regulations of the United States of Arnerica, the State of
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RIGHT OF WAY S^
UGC -UBICI
11aCe 5 of i
Florida, county or local governments, or other lawful authority whatsoever, affecting the land, property, and facility or appurtenances or
any part thereof. and of all insurance policies covering the property, land, and facility, or any part thereof.
d. In addition to or in lieu of the terms and conditions contained herein, the provisions of any Addendum of even date herewith
which is identified to be a part hereof is hereby incorporated herein and made a pari hereof by this reference. In the event of any
conflict between the terms and conditions hereof and the provisions of the Addendum(s), the provisions of the Addendum(s) shall
control, unless the provisions thereof are prohibited by law.
e. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and
Supersedes all prior agreements, understandings, or negotiations with respect thereto. Any provision hereof found to be unlawful or
unenforceable shall be severable and shall not affect the validity of the remaining portions hereof.
f. Lessee acknowledges that It has reviewed this Agreement. is familiar with its terms, and has had adequate opportunity to
review this Agreement with legal counsel of Lessee's choosing. Lessee has entered into this Agreement freely and voluntarily. This
Agreement contains the complete understanding of the parties with respect to the subject matter hereof. All prior understandings and
agreements. oral or written. heretofore made between the parties and/or between Lessee and any previous owner of the property and
landlord of Lessee are merged in this Agreement, which alone. fully and completely express the agreement between Lessee and the
Department with respect to the subject matter hereof. No modification, waiver. or amendment of this Agreement or any of its conditions
or provisions shall be binding upon the Department or Lessee unless in writing and signed by both parties.
g. Lessee shall be solely responsible for all bills for electricity, lighting, power, gas, water, telephone, and telegraph
services, or any other utility or service used on the property.
h. This Agreement shall be governed by the laws of the State of Florida, and any applicable laws of the United States of
America.
i. All notices to the Department shall be sent to the address for rent payments and all notices to Lessee shall be sent to the
property address provided herein or otherwise provided in writing to the Department.
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11A 4
PIGHT QF WAY
0 G C, W.1 -
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written.
STATE OF FLORIDA
The Board of County Commissioners of
COLLIER COUNTY. Florida DEPARTMENT OF TRANSPORTATION
LESSEE r
By by: t-=4
District Secr tary
Name, TOM HENNING
Title CHAI MAN
A( Seal)
Attest.
Name.
Title. T-
0 L
Attest as to Chairmin's
signature only.
Approved as to fon-h and legality
Scott R. Teach, Deputy County Attorney
Name: B
jIly Hgjtaway
Attest:
VU
Namerl-itle: f A -1 S
Lepl Review:
District Counsel
Name:: rC /kFr--AJ IV k /V1 +,% ;
Packet Page-899-
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A111--D��-3-7 4
RICWT (,I VIAS
l3GC QNd}1
ADDENDUM
This is an Addendum to that certain Lease Agreement between The Board of County Commissioners of Collier County, a
political subdivision of the State of Florida and the State of Florida Department of Transportation dated the -j-� day of
In addition to the provisions contained in said Agreement. the following terms and conditions shall be deemed to be a part thereof
pursuant to Paragraph 9 (b) of said Agreement:
The provision 4. I. above is removed and replaced with the following provision:
Lessee's use of the property includes the use of petroleum products and hazardous materials. Such use may cause pollutant or
hazardous substance contamination ("contamination'). Lessee shall be held responsible for the performance of and payment for any
environmental remediation that may arise from any such contamination• as determined by the Department, and State. federal and local
environmental agencies. Similarly, if any contamination either spreads to or is released onto adjoining property as a result of Lessee's
use of the airspace under lease. the Lessee shall be held similarly responsible. The Lessee shall indemnify, defend. and hold harmless
the Department from any claim, loss, damage, cost, charge, or expense arising out of any such contamination.
Number 7.g. In the event termination of this Airspace Agreement is necessitated by the Department's need to utilize its Right of Way,
or in the event of a declared national or state emergency, or if there exists a safety or operational problem in regard to the Right of Way,
or if a structural problem arises in regard to the Lessees' improvements. the parties shall jointly agree to a reasonable termination date.
The Board of County Commissioners of
COLLIER COUNTY, Florida
LESSEE
By.
Name' TOM HENNING
Title SII UI`I_—
1 I t.
Name: t,
_ �1��•.`,+�Iy�hl..�,� C.'•,..
Title: -,c
Att st as to Chairman's
5i!on ehs tolbrib and Icgali;y
,_tai k `,4'
SC!i {cc:ch. (hr, uty C: uunh':1ftl,rn�y
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
f—
By: _
11 .. District Sec r Lary
Name? Billy Nattawav
Attest: Is'w14H
NamelTitle:�erdldvh,? f
Legal.Review:
';District Counsel
Name: —'• c r --e" -t r .,
Packet Page -900-
FP NO. 200746-2
SECTION 03075-2402
PARCEL 500
5/10/2016 16.E.3.
A
COLLIER COUNTY LEASE PARCEL
A parcel of land in Section 1, Township 50 South, Range 32 East,
Collier County, Florida being more particularly described as
follows:
Commence at the northeast corner of Section 1, Township 50 South,
Range 32 East, Collier County, Florida; thence South 03018126"
East along the east line of said Section 1 and the east line of
Range 32 East a distance of 300.52 feet to the existing limited
access right of way line of State Road 93 (I-75) as shown on
Florida Department of Transportation Right of Way Map Section
03075-2402; thence continue along said limited access right of
way line South 03018126" East a distance of 213.34 feet; thence
South 70007'24" West along said limited access right of way line
a distance of 563.88 feet to the POINT OF BEGINNING; thence
continue South 700 07' 24" West along said limited access right
of way line a distance of 51.68 feet; thence departing said
limited access right of way line South B9159146" West a distance
of 219.64 feet; thence North 00000114" West a distance of 90.65
feet; thence South 89159146" West a distance of 15.01 feet;
thence North 00115154" West a distance of 240.90 feet; thence
North 89059146" East a distance of 284.35 feet; thence South
00000114" East a distance of 313.99 feet to the said limited
access right of way line and the POINT OF BEGINNING.
Containing 2.118 acres, more or less,
Legal Pe r' t' n ved by:
i `ael X --:'C- eking-- P.I.S. #5275
NOT VALID LE S EMB
QSSED
EXHIBIT "A"
Pagel of 2
Packet Page -901-
SECTION 1, TOWNSHIP 50 SOUTH, RANGE 32 EAST
i
100• o• t00,
rR�IC SOLE
r
3r3�9,�...� ,.
1
t ;•
r'
Spa 78zs^E
RANCr ti 7-
S,IE.
-_...,�. 32 rASr
RgNGF 33
-A7C
r
Element Oirer.[imT Distanre
LINE 1 15 70° 07' 24" W 51.68'
LINE 2 1 N 00" 00' 14" W 90.65'
LINE 3 S 89" S9' 46` W 15.01'
FLORIDA DEPARTMENT OF TRANSPORTATION
PARCEL SKETCH - NOT A SURVEY
STATE ROAD NO. 93 (I-75) COLLIER COUNTY
ATi; PREPARED Dr DATA SUUntI
_--- j ---I']-2DI4
P.D.O.T. cu 03 FILES
DRAWN1 ITW
DAl[ CHECKED MAS. packet Page -902-
'^^ .2 SECTION 03075-2402 PAGE 2 OF 2
0
o4r
16 16.E.3.
5/10/2016 16.E.3.
I�XWIBIT B — Schedule of Direct Capital Expenses and Annual Funding Schedule
Estimated Budgeted Amount for
Item/Work Capital and O& M
Action/Milestone Estimated Budget
Annual 3.5 Paramedics Hired
(includes uniforms and
protective clothing) $389,000
Annual 9.5 Fire Fighters Hired -
Uniform/Gear noted below.
Will include Budget Analyst
support. $833,000
Annual
Adm in/Indirect/800mhz
Maintenance and IT account
support charges
$12,000
Annual Building Maintenance
after Warranty Estimated
including generator
$4,500
Annual Bulk Fuel on -site -
estimated includes trucks and
station generator original fill
and estimated annual
consumption
$12,000
Annual Canal dive and water
search and rescue equipment,
haz-mat absorbent and
response, minor medical,
disposables, and FF Foam
$16,000
Annual Haz/Mat-Mut/Aid
Contg
$12,500
Department- Collier County Interlocal Agreement
20
Packet Page -903-
Annual Insurance -All
Coverage- Estimates for
Workers Comp, Facility, errors
and omissions, malpractice,
portable equipment and
environmental estimated
(includes Flood and Builders
Risk which may be deemed
not needed) ((Original quote
has vehicles slightly below
current estimates))
Annual Minor office supplies
Annual Minor station supplies
Annual Phone, Data,
Electric,est.(Water Sewer
included in site lease provided
by FDOT Rest Area systems)
Annual Vehicle and Small
Equipment and compressor,
Maintenance, Repair, SCBA
testing/certification and
calibration- Most items under
warranty year 1.
Annual O&M for SPY without
CPI
Capital 4wd Crew Cab
Brush/Squad minor hand tools
and 1 mobile radio, Florida
Fleet Sheriff's Bid estimate.
5/10/2016 16.E.3.
In
$ 208,000
$500
$1,200
$7,600
$1,800
$1,498,100
$126,000
Deparunent- Collier County interlocal Agreement
21
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11A
Capital- ALS Heavy Rescue
Apparatus turnkey fully
equipped, equipment
mounting, less medical and
canal rescue supplies include
(1) mobile radio. Florida Fleet
Sheriff's Bid estimate
$908,500
Capital Fire Fighting Water
Tender, turnkey fully
equipped, equipment
mounting, less medical, canal
rescue and firefighting bulk
foam. Includes 1 mobile radio.
Florida Fleet Sheriff's Bid
estimate.
$405,960
Capital Protective
Clothing/Uniform, minor
safety equipment estimated
fire-fighters) only.
$31,000
Capital Station Fur, Fix, Equip,
Computers, commissioning
supplies, aviation and wildfire
weather system interoperable
with FDOT Traffic Management
$29,750
Capital Station tools, hose
racks, compressor.
$1,600
Capital 4wd Crew Cab Pick-
up/QRV, Florida Sheriffs Bid
Estimate
$41,000
Capital 4wd Off -Rd UTV
Florida Sheriff's Bid Estimate
$19,200
Department- Collier County Interlocal Agreement
22
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I IA
Capital Base Station Mobile
and Portable Radios pagers
and 911 CAD programming
Locution° Sheriff -911
automated dispatch
notification
$20,225
Capital Breathing Air
Compressor for re -filling Fire
fighting Self Contained
Breathing Apparatus and on-
board compressed air
equipment tanks
$45,000
Capital Heart Monitors/Med
Supplies, estimated. County
Contract(s) $108,000
Contracted Services- Early
Commencement- Reserve
Apparatus (Rental/Lease from
Vendor) 9-12 mos while
awaiting production of
apparatus above -estimated.
$25,000
Total Capital Equipment $1,761,235
Department- Collier County Interlocal Agreement
23
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11�
5/10/2016 16.E.3.
EXHIBIT "C"
STATE FINANCIAL RESOURCES AWARDED TO AUTHORITY
Financial Management Number: 435389-1-94-01
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
State Project: —
State Awarding Agency: Florida Department of Transportation
Catalog of State .Financial Assistance (CSFA) Number: 55.036
Amount of State Financial Assistance: $
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES
AWARDED PURSUANT TO THIS AGItEEMENT ARE AS FOLLOWS:
Objectives of the Project: Construct a Fire Station for the benefit of the travelling along Interstate 75 and
stnTroanding counties, Reimburse a county or another local governmental entity for the direct actual costs
of'operating such Fire Station.
Proiect Restrictions:
Department- Collier County Interlocal Agreement
24
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11A
EXHIBIT D- RESOLUTION OF COUNTY
RESOLUTION 2014-71
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA, AUTHORIZING ITS CHAIRMAN TO
EXECUTE AN INTERLOCAL AGREEMENT AND AN AIRSPACE
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION ("FDOT") PROVIDING FOR THE LEASE OF A
FIRE STATION FROM THE FDOT AT MILE MARKER 63 ON
ALLIGATOR ALLEY IN COLLIER COUNTY, FLORIDA.
WHEREAS, the Board of County Commissioners of Collier County, Florida, finds it is
in the public's interest to enter into an Interlocal Agreement and an Airspace Agreement with the
Florida Department of Transportation allowing for the lease of a fire station located at the mile
marker 63 rest arca on Alligator Alley in Collier County, Florida to allow emergency vehicles to
provide a faster emergency response time to the public; and
WHEREAS, the property to be leased to Collier County under the Airspace Agreement
is for the public purpose of operating a fire station that will include personnel and equipment
capable of providing rescue and emergency medical services to motorists travelling on Alligator
Alley (1-75); and
WHEREAS, the Interlocal Agreement sets forth the terms, conditions and
responsibilities of FDOT and Collier County with respect to funding for the fire station, the
respective dirties of the parties to provide services at the mile marker 63 fire station and other
such matters; and
WHEREAS, the Collier County Board of Commissioners agrees to maintain the fire
station and any encompassed structures or amenities In accordance with the terms and conditions
of the Airspace Agreement.
NOW, THEREFORE, BE iT RESOLVED BY TME BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Department- Collier County interlocal Agreement
25
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5/10/2016 16.E.3.
I 1A "
1. The Collier County Board ol'Commissioners approves and authorizes its Chairman to
sign the Interlocal Agreement and the Airspace Agreement with the FDOT.
2. A certified copy of this Resolution shill be forwarded to FDOT along with the
Interlocal Agreement and Airspace Agreement for execution by FDOT.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same,
this 7 A -%r-, day of fi:.t r 2014.
ATTEST:
DWIGI-iT,E. BROCK, CI.FRK
hairman's' Deputy lbr.k
Attest as t0 J
signature 01y.
Approved as to form and
legality: i
SCOTT R. TEACH
DEPUTY COUNTY ATTORNEY
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: y -
Toll I-Ienning, Chairwoman
Department- Collier County interlocal Agreement
26
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