Agenda 02/28/2017 Item #16E 702/28/2017
EXECUTIVE SUMMARY
Recommendation to approve a budget amendment in the amount of $68,818.64 to re-appropriate
funds previously approved in Fiscal Year 2015/2016 from the GAC Land Trust to reimburse the
Greater Naples Fire & Rescue District for equipment to retrofit previously acquired vehicles with
firefighting apparatus.
OBJECTIVE: To allow the Greater Naples Fire Rescue District (District) to be reimbursed from the
GAC Land Trust.
CONSIDERATIONS: On May 27, 2014 (Agenda Item 16E4), the Board approved an Agreement and a
budget amendment to provide $150,000 to assist the District in purchasing equipment to retrofit several
vehicles which were acquired by the District.
Prior to FY 16, the District was reimbursed for invoices which totaled $76,272.15. However, no funds
were expended in FY 16 since the District did not submit any invoices. The attached Budget Amendment
will provide the District with $68,818.64 for the outstanding invoices and will conclude this
reimbursement process.
FISCAL IMPACT: The $68,818.64 is available in GAC Land Trust - Land Sales (Fund 605), Reserves
for Future Construction and Improvements.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this
action.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for Board
action. - JAB
RECOMMENDATION: To approve a budget amendment to re-appropriate $68,818.64 from the GAC
Land Trust for retrofitting fire vehicles.
Prepared By: Michael H. Dowling, Senior Property Management Specialist,
Facilities Management Division
ATTACHMENT(S)
1. GAC Greater Naples Second Amendment to Agreement (PDF)
16.E.7
Packet Pg. 1046
02/28/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.7
Doc ID: 2707
Item Summary: Recommendation to approve a budget amendment in the amount of $68,818.64
to re-appropriate funds previously approved in Fiscal Year 2015/2016 from the GAC Land Trust to
reimburse the Greater Naples Fire & Rescue District for equipment to retrofit previously acquired
vehicles with firefighting apparatus.
Meeting Date: 02/28/2017
Prepared by:
Title: Property Management Specialist, Senior – Facilities Management
Name: Michael Dowling
02/07/2017 4:22 PM
Submitted by:
Title: Division Director - Facilities Mgmt – Facilities Management
Name: Dennis Linguidi
02/07/2017 4:22 PM
Approved By:
Review:
Facilities Management Dennis Linguidi Additional Reviewer Completed 02/07/2017 5:00 PM
Facilities Management Toni Mott Additional Reviewer Completed 02/08/2017 2:46 PM
Administrative Services Department Michael Cox Level 1 Division Reviewer Completed 02/09/2017 11:07 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 02/09/2017 11:18 AM
Administrative Services Department Len Price Level 2 Division Administrator Review Completed 02/15/2017 6:19 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/16/2017 8:25 AM
Office of Management and Budget Laura Wells Additional Reviewer Completed 02/16/2017 9:31 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/16/2017 2:40 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/19/2017 11:43 AM
Board of County Commissioners MaryJo Brock Meeting Pending 02/28/2017 9:00 AM
16.E.7
Packet Pg. 1047
SECOND AMENDMENT TO AGREEMENT
Tr{ls sECoND AM}"NDMENT To AGREEMENT (Amendment) enrered into this Z/K{-w,2016,byandbetweenGREATERNAPLEsFIREANDREsCUEDISTRICq fOTMCTIY i"'O*N AS GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT, ASpccial District created try Laws of.Ilorida , Chapter 77_S3S, as amended (hereinafterreferred to as the "District"), whose mailing address is r+sis collier Boulevarcl, Naples, Florida34119, and cOLLIFR couNTy, A P0LITICAL suBDIVIsIoN oF THE srATE oFFL0RIDA (hereinafter referred to as "CouflU"), whose mailing addr:ess is c/o Real property
Management, 3335 Tamiami rrail East, suite r'of, Naples, Florida 34llz.
WITNESSETH
WHEREAS,. the County and District have previously entereil into an Agreementdated May 77,2A14, and an Amendment to Agreement dated June 9, 2}ls,collectively hereinreferred to as 'oAgreement," for the District ti use funding derived from a l9g3 Agreementbetween Avatar Properties Inc., f/k/a GAC Properties for thi purchase of firefighting apparatusto retrofit existing trucks; and
WHEREAS, due to detays in the availability of the apparatus, the County and theDistrict are desirous of amending said Agreement to extend thc Disirict's ixpenditure deadline;
and
NOW THEREFORE, in consideration of the covenants and agreements providedwithin the said Agreement, and Ten Dollars (S 10.00) and other valuable consideration, the
Partiss agree as follows:
1. The foregoing Recitals are true and correct and are incorporated by reference herein,
2 Section 4 (c) of the Agreement, which is attached hereto and made a part hereof this
Amendment, is hereby amended as follovvs:
1'hc Equipmcnt shall be purchasctl by rhe District by July-+f-*+16 &nuary_ll20li. In tire cvsrt rhat the iquipment is not purchased by ihe District by the
aforementioned date, it is understood and agreed by the parties that the District
shall refund Td puy to County, within thirty (30) days of written notice to District,any and all Funds which have been provided to the District pursuant to theprovisions of this Agreemenr.
3' Excepl as expressly provided herein, the said Agreement between the County and Districtremains in full force and effect according to the terms and conditions contained therein, and saidterms and conditions are applicable hereto except as expressly provided otherwise herein.
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16.E.7.b
Packet Pg. 1048 Attachment: GAC Greater Naples Second Amendment to Agreement (2707 : GAC Land Trust Budget Amendment for Greater Naples Fire Rescue
IN WITNESS WHEREOF, the District and County have hereto executed this SecondAmendment to Agreement the day and year first above written.
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GREATER NAPI″ES FIRE AND RESCuE
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BOARD OF COUNTY COMMISSloNERS
COLLIER COUNTY,FLORIDA
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16.E.7.b
Packet Pg. 1049 Attachment: GAC Greater Naples Second Amendment to Agreement (2707 : GAC Land Trust Budget Amendment for Greater Naples Fire Rescue
AGREEン ENT
THIS AGREEME N't' made this Z -7 D
day of ,2014 bctwecn thc GOLDENCATE Π tt CoNTROL&RESCUE DISTRICT,…品 Li」し,~島 薔 J瓦 1百 五chapler 77-535, us rmended, (hcreinafur referrcd ro as lhe "Disuict") whose mailing address is
4741 Golden Gate Parkway, Naples, Florida 341l6-690t and COLLIER COUNTY, A POLITICAL
SUBDMSION OF THE STATE Of FLORIDA, whosc mailing address is c/o ll,eal propcrty
Managemcnt 3335 lamiami Trial Easq Administration Building, Naplcs, Florida 341l2 (hereinafter
relbrred to as the "County").
WIIEREAS, County has acquired 1,061.5 acres, located in Collisr County, Irlorida (hcrcinafter
refened to as "Propenyr'), from Av&lar Propertics Inc. flUal GAC Propenies Inc. in accordance with
the November 15, 1983 Agrecment between Avatar Properties lnc. and Collier Counry, (hereinafler
refcned lo as the " 1983 Agreenent"); and
WI'IEREAS, pursuanl to the 1983 Agreemcnl, the Property deeded to the Counly and/or the
monetary proceeds ac<;uired from thc subscquenl salc of said Propeny are lo be used to providc
govcmrnental facilities within and for the geographical rrea known as "Golden Cate Eslales"; and
WHIllt[AS, thc County currently has funds derivcd from the use and/or sale of a portion of the
abr)ve-dcscribed Propcrtyi and
WHEREAS, thc Counly has determined that a disbursement of a portion of'said funds to the
District is in ascordance with the intent ofthe provisions olthe 1983 Agreem€nt and aecomplishes thc
purposes ol'said 1983 Agreement by providing funds lbr purchasing equipment ('Equipment') to outtit
alrcady acquircd trucks by the District in order to have lhem operalc as fire fighting apparatus; and
WIIEREAS, Avata, Properries Inc. has provided its consent on April 15, 2014 lo the County for
the use of I'unds dcrived frotn the sale of Propcrty to acquire the Equipment.
NOW Tl IFjREITORE, in considerarion of rhe above recitals, which arc incorpomtcd herein and
made part ol'this Agreemcnt, and in lunher consideration of the mutual covenaDts sel fonh below. and
orhcr goorJ and valuable consi<Jcrarion, acknowiedged by the panics to be suflicient, just snd adeguatc'
thc parlics hcreto do tgrec as fo)lows:
L Thc County hcrcby agrecs lo reimburse a maximum ol One Hundrcd Fifty 'l}ousand
Dollars ($150,000.00) ol'rhe totql funds to be expendcd by the District for purposes hereinaller statcd,
(hercinafter rcferred to as the "Funds"), in accordance wilh the terms and conditions ofthis Ag,reement,
provided said Funds are Io be used solely for the purpose ol purchasing the necesssry Equipment.
2. ',lhe District agecs and wananrs thst the [quipment purchascd with fie Funds shall be
uriliz.ed solcly by the Disnict for thc primary purposes ol' combating fires that .may. thrcatcn the
residents and- thi orea of Golden Gale Estatcs and said Equipment shall be bascd and slationed at'Si.,i""
Zf,localed on l3h Stroct SW, Naples, Floridq or Station 72, located on 3E20 Beck Boulevard,
Naoles- Fiorida, or located at anolher station deemed necessary by the Districr in order lo rcspond
";i:-k; i";;;;*encies within its bounderies. In addition, District agrees said Equipment shall be
ir"i. ir"lrJi" tI any and all fire districts located within the Golden oate Estatcs area, so long as the
primary usc is lor tire control lvithin those boundaries.
り′. ′| ・・/16.E.7.b
Packet Pg. 1050 Attachment: GAC Greater Naples Second Amendment to Agreement (2707 : GAC Land Trust Budget Amendment for Greater Naples Fire Rescue
3. lhe Districr hereby agrees lhar the purchuse ol'the Equipmenl. has been or shall be in
accordance with alt applicable bidding or orher requirements I'or the procurement of property and
services as set lonh in chapter 287. Florida sratutes, and such other staturcry provisions as may apply.
The Dislrict hereby agrees that thc purchase of the Equipment shell be conductcd in a manner
consislent with the Board ol'Counry Commissioner's purchasing policy and in proper coordination
with the County's Purchasing Dcpartment prior to the ordering or receiving of any goods or serviccs
purchascd under this Agreement. In thc event ol'a confljcr, the most strict provision shall apply.
4, Payment of the Funds for the Equipment shall be in accordance with the following
procedure:
Afler purchasing the Equipment by the District, the District shall dcliver to Real Property
Managemcnt any and all invoiccs lor said Equipment, cleatly stating the purpose of said
invoices and indicating that the invoiccs have bcen paid in full.
Within thirty (30) days after receipl and approval of the above-described documents and
verificarion that all invoices have bccn paid in full by the District, if not already provided, a
check issued by the County lor payment shall be prepared and made payable to the District and
shall be fonvardcd directly to the Districl by the County ln no way, shall the total amount to be
paid exceed $150.000.
The Equipment shall be purchascd by the District within twclve (12) monlhs ol'the
execution ol the Agreement by both parties. ln the event lhat the Equjpment is not purchased
by the District within twclve ( 12) months from thc execution of this Agreemcnt, it is
understood and agreed by dre parties thal ihe Disrrict shall refund and repay to County, within
rhirty (30) days, any and all Funds which have been provided to the Districl Purcuant to the
provisions of this Agrcement.
ll thc District obtsins any monies as a gifr, contribution or reimbursement, through any
grant prograrn, pcnaining to the purchase ol said Equipment, such gift, contribution or
ieimburremenr siratt Ue, wirhin ten (10) days of receipl by District, lorwardcd to the Board ol
County Commissioners for deposit inio Ihe GAC Land Trust Account os reimbursemenl of
Funds providcd for by this Agreement. District agrees to Prepare and submit the appropriate
granr applications whereby ,erification of such aPplication, and its approval or denial, shall be
lrouidcd to thc Coutlty Y'iihin thirty (30) days ofsubminal arxyor rcceiPt'
b)
d)
e) The Districr covenarlls and agrecs that upon the palment of all or.any portion from the
funds in accorclance with the obilgation coniained in this Agreemcnt it shall be thc,l'unher
obligation ol'rhe t)islricl to pay anyiemaining balance required to complele the Purchasc ol'the
Equiprnent.
5. thc District covenanrs and agrecs lhat this ASreement is solely between the co.unty snd
lhe Distdcr and, although the County shallreimburse the District for all or only a Portion ofthe lrufds
,, U"f,Af of the Disrri-ct, the Couniy shall have no direcl or indirect liability to any vendors of thc
Equipment or any other third pany rcsulting from this Agrcement'
16.E.7.b
Packet Pg. 1051 Attachment: GAC Greater Naples Second Amendment to Agreement (2707 : GAC Land Trust Budget Amendment for Greater Naples Fire Rescue
6. District agrees to prolect, dcfend, indemnify and hold the County harmless from any and
all claims, sclions, causes ol action or liabilities including attomey's fces and costs arising from or in
any way connecled with the use of lhe l-unds or the selection, purchase, dolivery or use of the
Equipment, its agents, cmployees, or in any way related lo the use ofthe Equipment by the District, its
agenrs, employees or any third parly.
7. Thc District understands and agxees that the Funds to be provided to the District in
accordance with the tcrms of this Agrcement havc been derived from and are being provided solely for
the sale and/or uss of a portion ol' the Propcny conveyed to the County pursuant to the 1983
Agreemcnt administcrcd and managcd by the County for the CAC Land Trust and that such Funds arc
cuffently in County Fund 605- 122390 ('l'he GAC Trusl Lend Sales Fund). 'fhe District fimher
understands and agrees that no ad valorem taxes, rcvenues or moneys lbrm orher sources have bcen
commilled or will be committed by the Collier Counly Board of County Commissioners lor thc
purposcs sct tbrth in this Agreement.
8. In rhe evcnr that the Equipment ceases to be utilized by the Districl as described in
Paragraph 2, or ifthc Equipmenl ceases to bc used in accordance with lhc terms of this Agrcemenl, thc
Disrrir:r'agrees thal lhe Disrrict shalt pay to the Cou,rty, within thirty (30) days, ru alnounl equal to the
lair market value of rhe Equipmcnr as of thc date the Equipment ceases to be used by lhe District as
described in Paragraph 2 or the date the Equipment caluot to be used in accordancc with this
Agreement. l'he fair market value shall be determined by a third pany, selsctcd bythe County, who is
determined to be qualitied to establisb the valuation of the Equipment. If the District rcnd9rs the
Equipmenl as obsolete or non{'unctional as a result ofusc and/or age or newer technology, the District
will 6e allowed to tradc-in or sell the equipmenl and use any proceeds towards any futule equipment or
supplies that rvoultl bencfit the residents of Golden Cate Estates.
9, This Agreemenl is govemed and construcd in accordancc witir the laws of the State tll'
Fbrida.
10. Any notice requircd by this Agrcement shall be uddressed lo lhe panies at the address set
lbrrh bclow:
IF TO THE COUNTY:
Collier CountY
c/o R€al PropertY Management
3315 Tamiami 'l rail East
NoPlcs. Florida 341 I 2
IF TO THE DISTRICT:
Colden Gate Fire & Rescue District
I 4575 Collier [Joulevard
NaPles, Florida 341 l9
12.ThisAgrcementrepresentstheentireAgrccmentbetweenthepanies'and.nopromise'
representation, warr{rnty "t .r;;;;i noi inttuAta- in this Agreemenl -or ?ury such referenced
asrecmenls has been o, i, xing ;lie; upon by either party No modification or amendment of this
l';;ilH il;i;;',j:;.v ;;;" ;;-;dfi unie" made in writing and cxecured and dated bv both
panies.
16.E.7.b
Packet Pg. 1052 Attachment: GAC Greater Naples Second Amendment to Agreement (2707 : GAC Land Trust Budget Amendment for Greater Naples Fire Rescue
lN WIINESS WHEREOIT, District and County have caused this Agrcsmcnt to be duly exccuted on the
day and year lirst abovc wriuen.
AS TO COUN『Y:
1)ATED: ´
Approvcd as to lbrm and legality:/BOARD OF COUNTY COMMISS10NERS
COl′LIER COUNTY,FLORIDA
、
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GOLDEN GATE
(print nome)
た面 ぽ 圧 Belpedi
Assistant CountY Att
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16.E.7.b
Packet Pg. 1053 Attachment: GAC Greater Naples Second Amendment to Agreement (2707 : GAC Land Trust Budget Amendment for Greater Naples Fire Rescue