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Agenda 07/08/2014 Item #16E127/8/2014 16.E.12. EXECUTIVE SUMMARY Recommendation to approve a Budget Amendment to recognize and appropriate funds for the Mile Marker 63 Fire Station - Ochopee Fire Control, from the Florida Department of Transportation in accordance with an Interlocal Agreement approved by the Board on April 8, 2014 in the amount of $3,259,335. OBJECTIVE: To recognize and appropriate revenues totaling $3,259,335.00 for one year's operating cost and capital cost in accordance with the Board approved Interlocal Agreement. CONSIDERATION: The Board approved an Interlocal Agreement with the Florida Department of Transportation to fund fire - rescue, emergency medical and emergency management services along with a site lease agreement for the recently constructed Mile Marker 63 Fire Station. The Florida Department of Transportation has now programmed funding and given Collier County a notice to proceed to receive reimbursement for the acquisition of apparatus, equipment, medical supplies, salaries, rental apparatus, maintenance and operating expenses for a period of four (4) years. FISCAL IMPACT: A budget amendment is necessary in order to recognize the schedule of grant funds in the amount of $3,259,335 provided for in the Interlocal Agreement. Grant funds, associated expenditures and interest income will be maintained within in Special Grants 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 has been reviewed by the County Attorney's Office, and it does not present any legal issues. 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 a Budget Amendment to recognize revenues totaling $3,259,335.00 for operating and capital cost in accordance with the Board approved Interlocal Agreement signed by the Chairman on April 8, 2014. PREPARED BY: Dan E. Summers, Director, Bureau of Emergency Services Packet Page -2076- 7/8/2014 16.E.12. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.E.16.E.12. Item Summary: Recommendation to approve a Budget Amendment to recognize and appropriate funds for the Mile Marker 63 Fire Station - Ochopee Fire Control, from the Florida Department of Transportation in accordance with an Interlocal Agreement approved by the Board on April 8, 2014 in the amount of $3,259,335. Meeting Date: 7/8/2014 Prepared By Name: SwisherLinda Title: Administrative Secretary, Ochopee Fire Control District 6/25/2014 2:37:31 PM Approved By Name: McLaughlinAlan Title: Fire Chief, Ochopee Fire Control District Date: 6/25/2014 3:01:48 PM Name: SummersDan Title: Director - Bureau of Emergency Services, Bureau of Emergency Services Date: 6/25/2014 4:06:07 PM Name: pochopinpat Title: Administrative Assistant, Administrative Services Division Date: 6/26/2014 9:59:31 AM Name: PriceLen Title: Administrator - Administrative Services, Administrative Services Division Date: 6/26/2014 2:02:55 PM Name: Joshua Thomas Title: Grants Support Specialist, Grants Management Office Date: 6/26/2014 3:12:22 PM Name: KlatzkowJeff Title: County Attorney, Packet Page -2077- Date: 6/26/2014 4:19:04 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/26/2014 4:48:54 PM 7/8/2014 16.E.12. Name: StanleyTherese Title: Management/Budget Analyst, Senior, Grants Management Office Date: 6/30/2014 10:14:28 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 7/1/2014 1:40:05 PM Packet Page -2078- ORIGINAL DOCUMENTS CHECKLIST & ROUTING S 7�8/2014 16.E.12. Of TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 1 A THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines # I through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the , —_.. - c__ t:.._., A 1 .h_......6 449 --l— 0— AhA W;l and GI—rd to thn ('nn tv 4ttnr Office ww ...... ... ..... ...... ......... .. ... ....._.. _, _._.. _...._ __.__ _._____ Route to Addressees (List in routing order) _____.. _ __- _. _. Office Initials Date 1. appropriate. (Initial) Applicable) 2. 4/8/14 Agenda Item Number 11 -A 3. County Attorney Office County Attorney Office SRT 4/8/14 4. BCC Office Board of County Commissioners Number of Original �p 5. Minutes and Records Clerk of Court's Office m q (to (I 2. 3`7pn PRIMARY CONTACT Ilvr URMA HUN Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the _a. ..trr_- ,1,1:. ..1,. Name of Primary Staff Len Golden Price, ASD Administrator Phone Number 252 -872 Contact / Department appropriate. (Initial) Applicable) Agenda Date Item was 4/8/14 Agenda Item Number 11 -A Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, 5-FIT Type of Document Interlocal Agreement with FDOT Number of Original 2 Attached T114-50 Documents Attached =J A_ PO number or account nA_ G�e number if document is 4. All handwritten strike - through and revisions have been initialed by the County Attorney's to be recorded SRT Office and all other parties except the BCC Chairman and the Clerk to the Board IMMd ?A or" NF8100PIWO:1xM MwL11 L Forms/ County Forms / BCC Forms/ Original Documents Rou Packet Page -2079- 04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 e- 1M Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) I . Does the document require the chairman's original signature? SRT 2. Does the document need to be sent to another agency for additional signatures? If yes, 5-FIT provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. fie e :e K %4' V 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike - through and revisions have been initialed by the County Attorney's SRT Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's SRT signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip SRT should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 8. The document was approved by the BCC on 4/8/14 and all changes made during the SRT meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the SRT BCC, all changes directed by the BCC have been made, and the document is ready for th S Chairman's signature. L Forms/ County Forms / BCC Forms/ Original Documents Rou Packet Page -2079- 04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 e- 1M Dwight E. Brock Clerk of Courts April 11, 2014 - bounty of Collier CLERK OF THE CIRCUI COURT COLLIER COUNTY CdURTH . SE 3315 TAMIAMI TRAIL =..FEAST SA 102 P.O. BOX 411044 ; N PLES FLORIDA 3d� 1 304A 7/8/2014 16.E.12. i as" '. /M Clerk of Courts Accountant Auditor A Custodian of County Funds ti• Florida Department of Transportation Chief, Contracts and Real Property Attn: Erik R. Fenniman 605 Suwannee Street, M.S. 58 Tallahassee, Florida 32399 -0458 Re: Resolution 2014- 71 /Interlocal Agreement & Airspace Agreement — Alligator Alley Mile Marker 63 Public Safety Station Transmitted herewith are (3) three originals to be fully executed by your office, of the above referenced documents, as adopted by the Collier County Board of County Commissioners of Collier County, Florida on Tuesday, April 8, 2014, during Regular Session. Very truly yours, DWIGHT E. BROCK, CLERK Martha Vergara, Dep' t Clerk Enclosure Phone - (239) 252 -2646 Fax - (239) 252 -2755 Website - www.colliercierk.com Email - colliercierk @collierclerk.com Packet Page -2080- .rre 7/8/2014 16.E.12. i. J6 A M Office of the County Attorney Jeffrey A. Klatzkow hcpuh Count% AttorneN' • Scott R. Teach Managing A,silt.int Omnh Attorney - Heidi F.:\,hlon- Clcko° 'i,. e, <r,.A;,j I, ,., „ ,a r.,..a, \nsi,tant CountN Attornos • Colleen M. (;recut• Kc\ in l.. Noe•ll Emil. R. Pepin Scutt : \. Slone .lcnnilir 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 Count 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 ';299 FiN Tami;uni I1' iliI- Suite Soo • Nohle, Florida ;;_ttr 5749 • 1 2:i9) 252 S-ioo • FAN: (" 39) 'n_-(,: ;no Packet Page -2081- 7/8/2014 16. E.12 11H s 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 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 Packet Page -2082- 7/8/2014 16.E.12. J. L n 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'a D�C>03=-E:4CK, CLERK 6t 3s t0 Ohal 1119E dputy le signature 60�y,,, Approved as to form and legalit SCOTT R. TEACH DEPUTY COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, LORIDA BY: Henning, Chairwoman Department- Collier County Interlocal Agreement 26 Packet Page -2083- 7/8/2014 16. E.12. 3. Yr% INSTR 4987197 OR 5441 PG 1688 Financial Management No. 435389- 1 -94 -01 RECORDED 5/28/2014 8:43 AM PAGES 35 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT CSFA No. 55.036 COLLIER COUNTY FLORIDA REC $299.00 Contract No. INTERLOCAL 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 fire, rescue and emergency management services along Alligator Alley through its dependent Fire District, the Ochopee 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 Parties is a "public agency" as defined in Section 163.01, Florida Statutes.- The County by 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, after the payment of certain other expenses and costs, to develop and operate the Fire Station to provide fire, rescue and emergency management services to the adjacent counties along Alligator Alley. Section 338.26(3),(2013) 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 Packet Page -2084- 7/8/2014 16.E.12. .i x n 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 200746- 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 time (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 IE 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 2 Packet Page -2085- 7/8/2014 16.E.12. i 1M equipment, compensating County employees, and otherwise providing fire, rescue and emergency services utilizing the Fire Station. SECTION 3. TERM. This Agreement is effective on the Effective 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 or 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 I -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 lnterlocal Agreement C Packet Page -2086- 7/8/2014 16.E.12. 11H 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. H. 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 County 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 4 Packet Page -2087- 7/8/2014 16.E.12. 1IA 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 from available funding derived from DEPARTMENT provided available funds from Alligator Alley. 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. G. 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. 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 Packet Page -2088- 7/8/2014 16.E.12. I I A Rescue District, as a dependent district of the County, as County deems it necessary to fulfill its obligations under this Agreement consistent with normal fire operations. K. Provide County Emergency Medical Services Personnel to supply, at a minimum, the following Advanced Life Support services originating at the Fire 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 -133, as revised, Department- Collier County Interlocal Agreement Packet Page -2089- 7/8/2014 16.E.12. J6 1 ! I 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 staff 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. B. The County, as a local governmental entity as defined by Section 215.97(2)0), Florida Statutes, is required to have audits performed annually using the following criteria: 0) 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 Department- Collier County Interlocal Agreement 7 Packet Page -2090- 7/8/2014 16.E.12. .L JL M 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 up 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 report submission information is: Electronic copy to: I DO l ti 111- deALKIit ('dot.sUitc.11A s 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. Department- Collier County Interlocal Agreement E: Packet Page -2091- 7/8/2014 16.E.12. I i t1 (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 DEPARTMENT, 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 DEPARTMENT. 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 8. 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 amended to add funding for the purchase of equipment. The DEPARTMENT has included the funding in the tentative work program for SFY 2014/15, 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. Department- Collier County Interlocal Agreement 9 Packet Page -2092- 7/8/2014 16.E.12. I I ti 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 from 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 DEPARTMENT 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. Department- Collier County Interlocal Agreement 10 Packet Page -2093- 7/8/2014 16.E.12. I lA G. 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 from 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. 1. 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 Department- Collier County Interlocal Agreement 11 Packet Page -2094- 7/8/2014 16.E.12. IIH 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 services 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 525,000.00 and which have a term for a period of more than 1 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 of non - 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 under duties at the Fire Station, each said policy in amounts of One Million and 00 /100 Dollars (S1,000,000.00) 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). Department- Collier County Interlocal Agreement 12 Packet Page -2095- 7/8/2014 16.E.12. 11M 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. This Agreement shall remain in effect for the Term unless earlier terminated as follows: 1) 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 DEPARTMENT hereunder would violate the terms of the Resolution. Department- Collier County Interlocal Agreement 13 Packet Page -2096- 7/8/2014 16.E.12. 11A SECTION 13. RESOLUTION OF DISPU'T'ES. 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 fail 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 DE.PARTMENT 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 the 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 Department- Collier County Interlocal Agreement 14 Packet Page -2097- 7/8/2014 16. E.12. I lA 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 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 in excess of the threshold amount provided in Section 287.017, 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 of all new employees hired by the County during the term of this Agreement, and ii. 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 Agreement. 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 Department- Collier County Interlocal Agreement 15 Packet Page -2098- 7/8/2014 16.E.12. � IA 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 thereof, 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. I. 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. J. This Agreement and its attached exhibits embody the entire Agreement between the Authority and the DEPARTMENT. No other understandings, oral or otherwise, Department- Collier County Interlocal Agreement 16 Packet Page -2099- 7/8/2014 16.E.12. I to re (-Yarding 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. Department- Collier County Interlocal Agreement 17 Packet Page -2100- 7/8/2014 16.E.12. J. J. M IN WITNESS WHEREOF, the County and Department have executed this Agreement on the day and year first above written. ATTEST:- • BOARD OF COUNTY COMMISSIONERS, DWIGHT E: BROOK, Clerk COLLIER COUNTY, FLORIDA Attest as to chairman 'S - � Deputy Clerk Commissioner Torn CHAIRMAN signature WY,-, - Approved as to form and legality: 4L Sc R. Teach, Deputy County Attorney Legal Review: Z FLORIDA DEPARTMENT OF TRA S P RTATi ON By: AVOWTH 'past'.+bt SEteETAQy (Print Name and Title) Department- Collier County Interlocal Agreement 18 Packet Page -2101- 7/8/2014 16. E.12. J. 1 n, EXHIBIT A — Insert Airspace Agreement Department- Collier County Interiocal Agreement 19 Packet Page -2102- 7/8/2014 16.E.12. 1 1 rn %-. STAIE OF FLORICAOEPARTPdEN7 Or TRANSPORTATION C V =- _ R G�rf OT way Airspace Agreement re. I Public Purpose PnQ" ITEM /SEGMENT NO.: 2007141 _ MANAGING DISTRICT: One F.A.P. NO.: STATE ROAD NO.. 930 -75) COUNTY: Collier PARCEL NO. 500 THIS AGREEMENT, made this J 9 day of . 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 State 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. Term 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/A plus applicable sales tax. 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 Lessees violation of a term or condition of this Agreement. Packet Page -2103- 7/8/2014 16.E.12. J. 1 n "a R F VJPV 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: NIA 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 uses 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 term (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. j. The proposed use shall not cause or allow any changes in the existing drainage on the property under the airspace Packet Page -2104- 7/8/2014 16. E.12 1 BIGHT Or V:AV !iC;i: 92:09 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. m. Existing utilities and all corresponding easements shall remain in place and Lessee shall not disturb or interfere with the same 5 Indemnification. (select applicable paragraph) ® 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. ❑ 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 property, 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 ($0.00 ) for bodily injury or death to any one person or any number of persons in any one occurrence and not less than N/A ($ 0.00 ) for property damage, or a combined coverage of not less than N/A ($ 0.00 ). All such policies shall 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 Packet Page -2105- 7/8/2014 16. E.12 .L .t n R"W OF WAY OGC 08169 Uayf• 1 of _ 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.g. 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 8 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. 9. 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 America. the State of Packet Page -2106- 7/8/2014 16.E.12. .� 46 • K. RIiiHT OF WAY ouc uen.1y 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 part 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. Packet Page -2107- By 718/2014 16.E.124- lln RIGHT OF WAY CGC 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 . District Secr tary Name. TOM HENNING Title CHAIRMAN w Attest. ��P3 `1y_ A.Seal) ' •t. a Name 41. 1; ri_, t i F t � -_.. � V. Title '`�i. it i L.�t l; r t�� t x•11 l.. t E ")" t-L lc_ _.: C t t 11 k Attest as to Chairman's signature only. Approved as to forth and legality Scott'R. Teach. Deputy County Attorney Name: Attest: Name/Title: Billy Hattawav _ Le I Review: District Counsel Name: rCIJC FF—=AJ M Packet Page -2108- 7/8/2014 16.E.12. 1 1 A "I 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 day of 2014. 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 7.9. 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 STATE OF FLORIDA LESSEE DEPARTMENT pF TRANSPORTATION - BY oY t� By: - -- — ' District Sec f tary 1 t 4� Name TOM HENNING Name Billy Hattaway Title C'HAI RhIAN Attest: Attest: 1 ' t tr - ' `�, ` — �eal) Name/Title e C l Name:�� -_ti t'r� C ` Legal Review: -. l•! _._-- - - - - -" -- - - - - -- — Title: �\ �i.. � � �`.� ��` � - 1�, 10Ii T, ' (j \.i. 1< _ L 1 W t' -. D ict Counsel Aft st as to Chairman's Sighp Q11�j Name: )m me s to-iorrfi and IcgaIity S�II�i�. I�ari�, I)c; tay Ctumt�•:1tt:�rn�� Packet Page -2109- FP NO. 200746 -2 SECTION 03075 -2402 PARCEL 500 7/8/2014 16. E.12. 11K 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 03 018'26" 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 03 018'26" East a distance of 213.34 feet; thence South 70 007'24" 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 89 059'46" West a distance of 219.64 feet; thence North 00 °00'14" West a distance of 90.65 feet; thence South 89 °59'46" West a distance of 15.01 feet; thence North 00 015154" West a distance of 240.90 feet; thence North 89 °59146" East a distance of 284.35 feet; thence South 00 100114" 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 De r' t' n App ved by: Mi�el A. CocJcing P -L. S. #5275 Date: —,. NOT -VALID LESS EM SSED EXHIBIT "A" Page 1 of 2 Packet Page -2110- GRAPHIC SCALE SECTION 1, TOWNSHIP 50 SOUTH, RANGE 7/8/2014 16.E.12. JL rn r 24Q.90 OA' 04, C1� � n O y Q O~ O � / Cl -s �y S03° .SSC T L1ryl_- -7E2 R``E 32 , ApV 7 m m 2N Rq NEE �3 Cq`�30p n FLORIDA DEPARTMENT OF TRANSPORTATION PARCEL SKETCH - NOT A SURVEY — .-------- - - --!— STATE ROAD NO. 93 (1 -75) COLLIER COUNTY 'y 0 or- nAn Bounce - -- __- - - - - -- F D.O.T. D 07 Fires DRAWN - -_. - n[v �n,n ar iI un,c cnec,,D i MAC Packet Page - 2111 -'- SECTION 03075 -2402 t PAGE 2 OF 2 Element Direction Distance LINE 1 S 70° 07' 24" W 51 68' LINE 2 N 00° 00' ]4" W 90.65' LINE 3 5 89° 59' 4fi ". W 15.01' FLORIDA DEPARTMENT OF TRANSPORTATION PARCEL SKETCH - NOT A SURVEY — .-------- - - --!— STATE ROAD NO. 93 (1 -75) COLLIER COUNTY 'y 0 or- nAn Bounce - -- __- - - - - -- F D.O.T. D 07 Fires DRAWN - -_. - n[v �n,n ar iI un,c cnec,,D i MAC Packet Page - 2111 -'- SECTION 03075 -2402 t PAGE 2 OF 2 7/8/2014 16.E.12. o r EXHIBIT 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 Admin /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 -2112- 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)) 7/8/2014 16.E.12. a,'JL, .n $208,000 Annual Minor office supplies $500 Annual Minor station supplies $1,200 Annual Phone, Data, Elect ric,est.(Water Sewer included in site lease provided by FDOT Rest Area systems) $7,600 Annual Vehicle and Small Equipment and compressor, Maintenance, Repair, SCBA testing /certification and calibration- Most items under warranty year 1. $1,800 Annual O &M for SFY without CPI $1,438,100 Capital 4wd Crew Cab Brush /Squad minor hand tools and 1 mobile radio, Florida Fleet Sheriff's Bid estimate. $126,000 Department- Collier County Interlocal Agreement 21 Packet Page -2113- Capital- AILS Heavy Rescue Apparatus turnkey fully equipped, equipment mounting, less medical and canal rescue supplies include (1) mobile radio. Florida Fleet Sheriff's Bid estimate 7/8!2014 16.E.12. I 1A $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. Department- Collier County Interlocal Agreement 22 Packet Page -2114- $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 Sheriff's Bid Estimate $41,000 Capital 4wd Off -Rd UTV Florida Sheriff's Bid Estimate $19,200 Department- Collier County Interlocal Agreement 22 Packet Page -2114- 7/8/2014 16.E.12. I 1A 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 Packet Page -2115- 7/8/20714 16.E.12 Z 1 A t' c 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: S COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Objectives of the Project: Construct a Fire Station for the benefit of the travelling along Interstate 75 and surrounding counties. Reimburse a county or another local governmental entity for the direct actual costs of operating such Fire Station. Project Restrictions: Deparunent- Collier County Interlocal Agreement 24 Packet Page -2116- 7/8/2014 16.E.12.14 Z ..L �n 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 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 ]eased 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 Countv 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 Packet Page -2117- 7/8/2014 16. E.12. 1 1 A 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'- � .1, day of r t ATTEST: DWIGHT,F. BROCK, CLERK lvu t"t 1 4-1 ' De uty Clerk.. Attest as to Chairman s' p ; r signature only. Approved as to form and Iegalit} -- 2" SCOTT R. TEACH DEPUTY COUNTY ATTORNEY 2014 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA i BY:y_ Tom Henning, Chairwoman Department- Collier County Interlocal Agreement 26 Packet Page -2118-