Backup Documents 09/11/2018 Item #16C6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ' 6 C 6
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney
2. BCC Office Board of County i b`'\\S-1 l IcA43\1
Commissioners y CLee. Ia P 4 l\S
3. Minutes and Records Clerk of Court's Office lb(2s<<$ Z°qn
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Michael Dowling Phone Number 8743
Contact/ Department
Agenda Date Item was September 11, 2018 Agenda Item Number 16 C 6 vi
Approved by the BCC
Type of Document Agreement Number of Original one
Attached Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
I. Does the document require the chairman's original signature? Sa f Q v<n N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, J N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's Nl
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 MD
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 MD
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
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 your deadlines!
8. The document was approved by the BCC on 9-11-2018 ,and all changes MD WO not
made during the meeting have been incorporated in the attached document. The ao t" �r
County Attorney's Office has reviewed the changes, if applicable. "�` ‘r IS 11
9. Initials of attorney verifying that the attached document is the version approved by the �° <_31%11 t
BCC,all changes directed by the BCC have been made, and the document is ready for eJ a r f
Chairman's signature. e
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I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 6 C 6
Memorandum
To: Minutes and Records
Clerk to the Board
From: Michael Dowling
Senior Property MaYagement Specialist
Real Property Management
Date: September 11, 2018
Subject: Agreement with Greater Naples Fire Rescue District
BCC Date: September 11, 2018
BCC Item: 16 C 6
Please retain the original for your records and provide me with an electronic
copy.
Please contact me at extension 8743 with any questions.
Thank you and best regards,
Michael
1 6 C 6
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Thursday, October 25, 2018 3:43 PM
To: dowling_m
Subject: Item #16C6 (9-11-2018)
Attachments: Backup Documents 09_11_2018 Item #16C6.pdf
Hi Michael,
A copy of Item #16C6, approved by the
Board September 11, is attached For your records.
Thank you!
Ann Jevtvtejohvt, Sr. Deputy Clerk
Board Minutes Sr Records Department
Collier County Value Adjustment Board
23 el-2S2-8406
1
16 C6
AGREEMENT
THIS AGREEMENT made this day of %,Z1,2'`t1-1~72018, between the GREATER
NAPLES FIRE RESCUE DISTRICT, a Special District created by Laws of Florida, Chapter 2014-240,
(hereinafter referred to as the "District")whose mailing address is 14575 Collier Boulevard, Naples, Florida.
34119 and COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA,
whose mailing address is do Real Property Management 3335 Tamiami Trial East, Suite 101, Naples, Florida
34112 (hereinafter referred to as the "County").
WHEREAS, County has acquired 1,061.5 acres, located in Collier County, Florida(hereinafter referred to
as "Property"), from Avatar Properties Inc. f/k/a/ GAC Properties Inc. in accordance with the November 15,
1983 Agreement between Avatar Properties Inc. and Collier County, (hereinafter referred to as the "1983
Agreement"); and
WHEREAS, pursuant to the 1983 Agreement, the Property deeded to the County and/or the monetary
proceeds acquired from the subsequent sale of said Property are to be used to provide governmental facilities
within and for the geographical area known as "Golden Gate Estates"; and
WHEREAS, the County currently has funds derived from the use and/or sale of a portion of the
above-described Property; and
WHEREAS, the County has determined that a disbursement of a portion of said funds to the District is in
accordance with the intent of the provisions of the 1983 Agreement and accomplishes the purposes of said 1983
Agreement by providing funds for purchasing a 2019 REV RTC Brush Truck(`Truck'); and
WHEREAS, Avatar Properties Inc. has provided its consent on August 3, 2018, to the County for the use
of funds derived from the sale of Property to acquire the Truck.
NOW THEREFORE, in consideration of the above recitals, which are incorporated herein and made part
of this Agreement, and in further consideration of the mutual covenants set forth below, and other good and
valuable consideration, acknowledged by the parties to be sufficient, just and adequate, the parties hereto do
agree as follows:
1. The County hereby agrees to reimburse a maximum of One Hundred Six Thousand Three Hundred
Sixty-Two Dollars and Seventy-two Cents ($106,362.72) of the total funds to be expended by the District for
purposes hereinafter stated, (hereinafter referred to as the "Funds"), in accordance with the terms and conditions
of this Agreement, provided said Funds are to be used solely for the purpose of purchasing the Truck.
2. The District agrees and warrants that the Truck purchased with the Funds shall be utilized solely by
the District for the primary purposes of combating fires that may threaten the residents and the area of Golden
Gate Estates. However, the District agrees that said Truck shall be made available to any and all fire districts
located within the Golden Gate Estates area, so long as the primary use is for fire control within those
boundaries.
3. The District hereby agrees that the purchase of the Truck has been or shall be in accordance with all
applicable bidding or other requirements for the procurement of property and services as set forth in Chapter
287, Florida Statutes, and such other statutory provisions as may apply. The District hereby agrees that the
purchase of the Truck shall be conducted in a manner consistent with the Board of County Commissioner's
purchasing policy and in proper coordination with the County's Purchasing Department prior to the ordering or
receiving of any goods or services purchased under this Agreement. In the event of a conflict, the strictest
provision shall apply.
1606
4. Payment of the Funds for the Truck shall be in accordance with the following procedure:
a) After purchasing the Truck by the District,the District shall deliver to Real Property Management
all invoices for said Truck purchase, clearly stating the purpose of said invoice(s) and indicating
that the invoice(s)have been paid in full.
b) Within thirty (30) days after receipt and approval of the above-described documents and
verification that all invoices have been paid in full by the District, if not already provided, a check
issued by the County for payment shall be prepared and made payable to the District and shall be
forwarded directly to the District by the County. In no way, shall the total amount to be paid
exceed$106,362.72.
c) The Truck shall be purchased by the District within twelve (12) months of the execution of the
Agreement by both parties. In the event that the Truck is not purchased by the District within
twelve (12) months from the execution of this Agreement, it is understood and agreed by the
parties that the District shall refund and repay to County, within thirty (30) days, any and all
Funds which have been provided to the District pursuant to the provisions of this Agreement.
d) If the District obtains any monies as a gift, contribution or reimbursement, through any grant
program, pertaining to the purchase of said Truck, such gift, contribution or reimbursement shall
be, within ten (10) days of receipt by District, forwarded to the Board of County Commissioners
for deposit into the GAC Land Trust Account as reimbursement of Funds provided for by this
Agreement. District agrees to prepare and submit the appropriate grant applications whereby
verification of such application, and its approval or denial, shall be provided to the County within
thirty(30)days of submittal and/or receipt.
e) The District covenants and agrees that upon the payment of all or any portion from the Funds in
accordance with the obligation contained in this Agreement it shall be the further obligation of the
District to pay any remaining balance required to complete the purchase of the Truck.
5. The District covenants and agrees that this Agreement is solely between the County and the
District and, although the County shall reimburse the District for all or only a portion of the Funds on behalf of
the District, the County shall have no direct or indirect liability to any vendors of the Truck or any other third
party resulting from this Agreement.
6. District agrees to protect, defend, indemnify and hold the County harmless from any and all
claims, actions, causes of action or liabilities including attorney's fees and costs arising from or in any way
connected with the use of the Funds or the selection, purchase, delivery or use of the Truck, its agents,
employees, or in any way related to the use of the Truck by the District, its agents,employees or any third party.
7. The District understands and agrees that the Funds to be provided to the District in accordance
with the terms of this Agreement have been derived from and are being provided solely for the sale and/or use of
a portion of the Property conveyed to the County pursuant to the 1983 Agreement administered and managed by
the County for the GAC Land Trust and that such Funds are currently in County Fund 605-122390 (The GAC
Trust Land Sales Fund). The District further understands and agrees that no ad valorem taxes, revenues or
moneys form other sources have been committed or will be committed by the Collier County Board of County
Commissioners for the purposes set forth in this Agreement.
8. In the event that the Truck ceases to be utilized by the District as described in Paragraph 2, or if
the Truck ceases to be used in accordance with the terms of this Agreement, the District agrees that the District
shall pay to the County, within thirty (30) days, an amount equal to the fair market value of the Truck as of the
date the Truck ceases to be used by the District as described in Paragraph 2 or the date the Truck cannot to be
used in accordance with this Agreement. The fair market value shall be determined by a third party, selected by
the County, who is determined to be qualified to establish the valuation of the Truck. If the District renders the
IiC6
Truck as obsolete or non-functional as a result of use and/or age or newer technology, the District will be
allowed to trade-in, or use the parts of the obsolete Truck on other equipment owned by the District, or sell the
Truck and use any proceeds towards any future equipment or supplies that would benefit the residents of Golden
Gate Estates.
9. This Agreement is governed and construed in accordance with the laws of the State of Florida.
10. Any notice required by this Agreement shall be addressed to the parties at the address set forth
below:
IF TO THE COUNTY:
Collier County
c/o Real Property Management
3335 Tamiami Trail East
Naples, Florida 34112
IF TO THE DISTRICT:
Greater Naples Fire Rescue District
14575 Collier Boulevard
Naples,Florida 341.i9
11. This Agreement represents the entire Agreement between the parties, and no promise,
representation,warranty or covenant not included in this Agreement or any such referenced agreements has been
or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force
or effect unless made in writing and executed and dated by both parties.
N WITNESS WHEREOF, District and County have caused this Agreement to be duly executed on the
day and year first above written.
AS TO CO TY:
DATED: . ,/• /
ATTEST: BOARD OF CO TY COMMISS •NERS
Crystal K Kinzel, Clerk ' COLLIER C! T FLORID
•
BY: w Cit. 4 •C- By: L
eputy Clerk r SOLIS, airman cNVA
Attests to Chairman,,
AS 119111613113114: ,a
DATED:
AT S / / GREATER NAPL i'f RESCUE DISTRICT
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ecretary Chaidr/
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(print name) (prm name)
Item# `��-•
Approved as to form and legality: Agendatq� _IQ
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•1Ck c. Date ��-�
Jennifer A. Belpedio, •ttiaint County Attorney 0 ‘ Dte
Recd c O
Deputy tc, k OVD