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Agenda 12/15/2009 Item #16E 9 Agenda Item No. 16E9 December 15, 2009 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve an Agreement not to exceed $10,000 between the GAC Land Trust Committee and the Big Corkscrew Island Fire Control and Rescue District for the purchase of the BullEx Fire Extinguisher Training System. OBJECTIVE: To approve and execute the required documents to allow for GAC Land Trust funds in an amount not to exceed $10,000 to be used for the purchase of the BullEx Fire Extinguisher Training System ("System") to be used by the (Big Corkscrew Island Fire Control & Rescue District) for training the residents of Golden Gate Estates on the proper use of fire extinguishers. CONSIDERATIONS: On November 15,1983, Avatar Properties, Inc., and Collier County entered into an Agreement (1983 Agreement) that dedicated 1,061.5 acres of property in Golden Gate Estates to the County. The dedication came with the stipulation that the land itself or money derived from the sale of the land would be used by the Board for purposes directly beneficial to the residences of Golden Gate Estates, Le., fire and police protection facilities and services, public schools, libraries, and recreational facilities. The 1983 Agreement also provided that all capital improvements must be physically located within the geographical boundaries of Golden Gate Estates. At the September 28, 2009 Golden Gate Estates Land Trust Committee meeting, the District requested funds in an amount not to exceed $10,000 to purchase the System. The System will allow the District to provide life saving training to adults and children on the proper way to use fire extinguishers, is environmentally friendly as it uses water instead of dry chemical, and shall be used solely for training purposes. The District would like the System to be available for use at the Collier County Fair in February. The Golden Gate Estates Land Trust Committee recommended by a vote of 3-0 (one member abstained, one member was absent) that the Board approve the District's request for funding in an amount not to exceed $10,000 for the purchase of the System. The District will have twelve months from the execution of the Agreement to expend the funds. The Agreement has been reviewed and approved by the County Attorney's Office. The Agreement will be submitted to the Chairman for execution upon staff receiving a "Letter of No Objection" to the transaction from Avatar Properties, Inc. LEGAL CONSIDERATIONS: The prerequisites of the 1983 Agreement have been met. The Agreement has been signed for form and legal sufficiency. This item is legally sufficient for Board consideration. - JAB FISCAL IMPACT: A total allocation of $10,000 shall be withdrawn from Fund 605 Reserves and deposited into the appropriate Fund 605 operating account. GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management Plan. RECOMMENDATION: That the Board, acting in their capacity as Trustee of the GAC Land Trust, authorize the Chairman to sign the attached Agreement allowing for the purchase of the System by the District and authorize the necessary Budget Amendment. PREPARED BY: Jason Bires, Property Acquisition Specialist. Real Property Management, Facilities Management Department. .- Item Number: Item Summary: Meeting Date: Agenda Item No. 16E9 December 15, 2009 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E9 Recommendation 10 approve an Agreement not 10 exceed $10,000 between Ihe GAC Land Trust Committee and the Big Corkscrew Island Fire Control and Rescue District for the purchase of Ihe BullEx Fire Extinguisher Training System. 12/1512009 90000 AM Prepared By Jason Bires Administrative Services Division Property Acquisition Specialist Date Facilities Management 12121200910:49:08 AM Approved By Skip Camp, C.F.M. Administrative Services Division Director. Facilities Management Date Facilities Management 1212120091:23 PM Approved By Tonf A. Mort Administrative Services Division Manager. Property Acquisition & Const M Date Facilities Management 12f2!2009 2:39 PM Approved By Jennifer White County Attorney Assistant County Attorney Date County Attorney 1212(2009 3:42 PM Approved By Jeff Klatzkow County Attorney Date Approved By 12/2/20094:08 PM Len Golden Price Administrative Services Division Administrator. Administrative Services Date Administrative Services Division 12/3/2009 8:51 AM Approved By OMS Coordinator County Manager's Office Date Office of Management & Budget 12/3(2009 1 :28 PM Approved By Laura Davisson County Manager's Offfce Management & Budget Analyst Date Office of Management & Budget 12/3120093:24 PM Approved By John A. Yonkosky Office of Management & Budget Director. Management and Budget Date Office of Management & Budget 12/3120093:31 PM -, Agenda Item No. 16E9 December 15, 2009 Page 3 of 7 .., AGREEMENT THIS AGREEMENT made this _day of 2009 between COLLIER CDUNTY, A POUTlCAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST, (hereinafter referred to as "Trustee"), whose mailing address is 3301 Tamiami TraK East, Naples, Florida 34112, and the BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICT," whose mailing address is 13250 Immokalee Road, Naples, FL 34120 (hereinafter referred to as "District"). . WHEREAS, Trustee has acquired 1,061.5 acres located In Collier County, Florida (hereinafter referred to as "Property"), from Avatar Properties Inc. f/kJa GAC Properties Inc. In accordance with the November 15, 1983 Agreement between Avatar Properties Inc. a"nd Collier County, (hereinafter referred to as the "1983 Agreement"); and WHEREAS, pursuant to the 1983 Agreement, the Property deeded to Trustee and/or the monetary proceeds acquired from the subsequent sale of said Property are to be used to provide govemmental facilities within and for the geographical area known as "Golden Gate Estates"; and WHEREAS, Trustee currently has funds derived from the use and/or sale of a portion of the above..clescribed Property; and WHEREAS, Ihe District is requesting funds from !he GAC Land Trust to purchase the BullEx Fire Extinguisher Training System (hereinafter referred to as "SystemU) to be used for the purpose of training the residents of Golden Gate Estates on the proper IJse of fire extinguIshers; and WHEREASr Trustee has determined that the District's request is in accordance with the intent of the 1983 Agreement and accomplishes the purposes of said 1983 Agreement by providing funds for the System to assist the District in their service to the residents of Golden Gate Estates. The System will aflow the District to train the residents of Golden Gate Estates on the proper use of fire extinguishers. WHEREAS, Avatar Properties Inc. has provided a "Letter of No Objection", dated alJproving the use of land Trust Funds for the purchase of the System for use by the District; and WHEREAS I the District intends to initially utilize the System dUring the Collier County Fair, which is held from Febnuary 4, 2010 through February 14, 2010. NOW THEREFORE, in consideration of the above premises which are incorporated within afld made part of this Agreement. and in further consideration of lhe 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 Trustee agrees to contribute an amount not to exceed Ten Thousand and on/l DO doilars ($10,000) to be expended by the District for the purpose of purchaSing the System. 2. The DIstrict agrees and warrants that the Funds will be used solely for the purchase of said System. Said System is to be in place for the Collier County Fair which is scheduled to begin on February 4,2010 and run through February 14, 2010. 3. The District hereby agrees that the purchase of the System 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 Dr receiving of any goods or services purchases under this Agreement. 4. Payment of the Funds to the District for the purchase of the System shalt be in so:;cordance with the following: . A. The Trustee shall make available funds in an amount not to exceed Ten Thousand and no/100 dollars ($10,000) to reimburse the District for the purchase .of the System. Said rrJ;mbursement payment shall be made within thirty (30) days of receipt of appropriate vertficatlon as stated below by the Trustee, with copy to the Real Property Management Manager, of said verification. B. The District or its designee shall: (a) provide Real Property Management Manager, cr)~Jies of all fnvolces, purchase orders or other documentation which shall clearly state the purposes C:~ said expenditure. Only those invoIces which clearly state expenditures associated with the purchase of the System shall be approved. Payment(s) shall be approved upon satisfactory review by the Real Property Management Manager and shall be reimbursed to the District. (b) A letter from the District, SIgned by the Chairperson, stating that the purchase has been received and accepted in .... Agenda Item No. 16E9 December 15, 2009 Page 4 of 7 g90d order and dlrecllng the County to reimburse the District. In no way shall the amount to be reimbursed axceed $10,000. C. Within thirty (30) days aller receipt and approval of the above desoribed documentation, a County warrant for payment shall be prepared and made payable to the District by the County. D. Upon completion of the purchasa of tha Systam, the District or Its designee shall: (1) Promptly forward a letter to the Trustee stating thet the money from the GAC Land Trust has been used for the purpose of purchasing the System and that all payments heve been disbursed In accordance with the Agraemenl; and (2) Refund 10 Trustee any and all Funds, or any portion thereof, not utilized for said purchase shall be deposited directly into the GAC Land Trust Fund 605. E, The Districl covenents and agrees Ihat upon the payment of all or any portion from the funds in accordance with the Obligation cont~lned in this Agreement, II shal be the further obligation of Ihe District 10 pay any remaining balanca required for Ihe purchase of the System. . F. All funds requested, in accordance with this paragraph shall be disbursed within twelve (12) monlhs of the execution of this Agreamant by both parties, In the event that Ihe System Is 'lot purchased by the District within twelve (12) monlhs from the execulion of Ihls Agreement, ij is u',derstood and agreed upon by Ihe parties thaI the Dislrict shall refund or repay 10 Trustee, within thirty (30) days, any and all funds which have been provided to the District pursuant to the provisions of the 1963 Agreement. 5. The District agrees to protect, defend, Indemnify and hold the Truslee harmless from any and all claims, actions, causes of action or liabllijles Including attomay's fees and costs arising from or in any way connected with the use of the funds or the selection, purchase, delivery or installation or use of the System by the District, Its agents, employees, or in any way related to the System by the Dlslricl, Its agents, employees or any third party. 6. The District understands and agreas Ihalthe funds to.be provided to Collier County in accordance wijh the terms of this Agreemenl have been derived from and ere being provided solely for the sale andlor uae of a portion of the Property conveyed to Collier County pursuant to the 1983 Agreement administered and managed by the County for the GAG Land Trust and that such funds are currently in Fund 605-122390 (The GAC Land Trust Sales Fund). 7. The District agrees Ihat the following purchase of the System shall be used primarily for training the residents of Golden Gate Estates on the proper use of fire extinguishers. 8. of Florida. This Agreement is governed and construed in accordance with the laws of the State 9. Any nolice required by this Agreement shall be addressed to the parties at Ihe address set forth below: IF TO THE BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICT: Big Corkscrew Island Fire Control and Rescue District 13250 Immokalee Road Naples, FL 34120 IF TO THE TRUSTEE: Collier County c/o Real Property Management Building W 3301 Tamiemi Trail Easl . Naples, FL 34112 1 D. In the event that the. System ceases to be utUlzed by the District as described in Paragraph 2, the Dislrict agrees that the Dislrict shall pay to the County, within thirty (30) days, an amount equal to the fair mar1<et value of the System as of the date that the System ceases to be used by the District as described In Paragraph 2. The fair mart<e1 value shall be delermlned by a third party, selected by the County, who is determined to be qualified to establish the valuation of the System or upon mutuel agreement of the County and District. 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 bolh parties. .", Agenda Item No. 16E9 December 15, 2009 Page 5 of 7 IN WITNESS WHEREOF1 District and Trustee have caused this Agreement 10 be duty executed on the' day and year first above written. . AS TO TRUSTEE: DATED: A HEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Donna Fiala, Chairman j ,\5 TO BIG CORKSCREW ISLAND FIRE r.ONTROL AND RESCUE DISTRICT DATED: ATTEST: L~~ R. Elisea Chao, ecretary BIG CORKSCREW ISLAND FIRE CONTROL :~?kT~ Paul M. Plamondon, Chairman :5;u. a-l-!"",W GXI-'>.b.,.\-";A,' Approved as to form and legal sufficiency: .'onnifer B. ~~ I,,)I-:..k... Assistant County Attorney I I -1 r I I , Agenda Item No. 16E9 December 15, 2009 Page 6 of 7 } '~l A~ 2 t Big Corkscrew Island Fire Control and Rescue District Resolution 09-03 NOW THEREFORE BE IT RESOLVED, that the District hereby empowers, authorizes, and directs the District's Chairman, Vice Chairman andlor Secretary/Treasurer to execute and deliver for and on the District's behalf; all legal or necessary documents, and with such further and additional terms and conditions as shall be approved by such Chairman and Secretary, such approval to be evidenced by the Chairman's and Secretary's execution and delivery of such instrument incorporating such . terms and conditions. A copy of this Resolution shall be attached as Exhibit "A" to any doCwnent signed by other than the Chairman of the Board. Pro~ an effective date of July 14, 2009. (j~^'1 ~i?c,~~~ Di~h~~d~n ~an, Chrisopher L. Crossan e~~ Secretaryrrreasurer, Ramon Eliseo Chao SASrIIllI. -- 1teot.2..flO Page 1 of2 -'-1 f I=rr 1 [~?- 1 CERTIFICATE AS TO ADOPTION OF RESOLUTION Agenda Item No. 16E9 December 15, 2009 Page 7 of 7 j I, THE UNDERSIGNED, hereby certifY that I am the duly acting and appointed District Chairman of the BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICf (the .'District") and am authorized to give this certificate Oli the District's behalf. I I further certifY that a public meeting of the Board of Commissioners of the District was held on JULY 14. 2009, at which a quonun of the commissioners was present and in attendance and fur which proper notice was given, I further certifY that at said meeting Resolution 09-03, true, correct and a complete copy of which is attached hereto as Annex "A," was adopted by unanimous vote of the commissioners of the District on the District's behalf; and that such resolution is now and continues to be in full force and effect. I further certify that the District's seal is as affixed hereto. ~ ~SS WHEREOF, I have hereunto set my hand, as of the I: day of y ,20rfi-, rP~ M jJ~/n~ District Chairman STATE OF FLORIDA COUNTY OF COLLIER rJ .-:71 BEFORE ME, the undersi~d authority, pers~y app'eare~ A ' ..:JZ:u.J. Lf(lmorrl",tJ , the duly appomted and electedCamfl1I"'-SIn1""d.1:!:2lrMa~ of the BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICT, who, first being duly sworn by me, deposes and says the statements contained in the CERTIFICATE AS TO ADOPTION OF RESOLUTION to which this is attached are true, correct, and complete in every respect. . SWORN TO and subscribed before me, this 11: day of 9'~f ,20eR . My COmmission Expires: Please print, type, or stamp notary's name and commission number bel~"f ,I I I _ I I ----10i(lh",-A",J HUctiIe-S1U./J !::;1J~50 Lf!;Lu4 ~ea It ,J-,,J~ NOTARY PUBLIC B&l!h= -.. ~.,..oo Page 2 of2 NO'Ii\RY PUBUC-SW'E OF FLORIDA ........,.,.~.. MICHF.IJ.E N. HODDLESflP.I{ ~ ~ }Co,!misslon #DD589850 .... "" ExpireS: AUG. 28, 2010 IioiIDmTIlJtu .m.ANTICBOl'l'DING co" mc,