Agenda 04/28/2009 Item #16E 5
~tem ND. ~16E5
~\pril 28. 2009
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves an Agreement to provide an expenditure
not to exceed Fifty-Four Thousand and no/100 dollars ($54,000.00) from the GAC land Trust Fund to the Golden
Gate Fire Control and Rescue District for the purchase of sixteen Mobile Data Terminals.
OBJECTIVE: To approve and execute an Agreement between Collier County, a political 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 "Board"), and the Golden Gate Fire Control and Rescue District, an Independent District created by Special
Act of the legislature (hereinafter referred to as "District") which allows for GAC land Trust funds in an amount not to
exceed $54,000 to be used for the purchase of sixteen Mobile Data Terminals (hereinafter referred to as "Equipment") to
be used by the firefighters of the District in their service to the residents of Golden Gate Estates.
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, i.e., 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 January 26, 2009 Golden Gate Estates Land Trust Committee meeting, the District requested funds in an amount
not to exceed $54,000 to purchase the Equipment. The Equipment will improve firefighter safety as well as improve the
District's response time to emergency situations. The software used by the Equipment is the same software used by
Collier County dispatchers, which will provide interoperable communications with dispatchers during an emergency
situation. This communication will assist the District in getting to an emergency situation more quickly and safely, The
Equipment will also provide the District with an online database which is useful at hazardous materials incidents by
allowing the District to more quickly determine the composition of material that may be potentially harmful.
The funds being requested by the District were contingent upon the District ;eceiving a grant from FEMA in the amount of
$83,520. This grant was secured by the District.
The Golden Gate Estates Land Trust Committee recommended by a vote of 3-0 (two members were absent) that the
Board approve the District's request for funding in an amount not to exceed $54,000 for the purchase of the Equipment.
The District will have twelve months from the execution of the Agreement to expend the funds.
As required in the 1983 Agreement, a "Letter of No Objection" (copy attached), has been secured from Avatar Properties,
Inc.
lEGAL CONSIDERATIONS: The attached Agreement has been reviewed and approved by the County Attorney's
Office. This item is not quasi-judicial and as such, ex parte disclosure is not required. This item requires a majority vote
only. HFAC
FISCAL IMPACT: A total allocation of $54,000 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 of County Commissioners, Acting as Trustee, approves the aUached Agreement
providing for a maximum expenditure of $54,000 for the purchase of Equipment; authorizes the Chairman to execute the
attached Agreement; and approves the attached Budget Amendment.
PREPARED BY: Jason Bires, Property Acquisition Specialist, Real Property Management. Facilities Management
---- Department.
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COLLIER COUNTY
80ARJ OF :;:<JNTY C:)MM[SSfON:::RS
Item Number:
1C.c5
Item Summary:
Recommendation tr,at tile Board of County Commisf.lcr8rs ,1~jDrOVeS an p.,greement to
provide an expendltwe n~,t to exceed Flfty-FowTflrJUsand and nol100 dollars ($54.000001
from the GAC Land Trus: Fund to t,e Goiden Gate Fire Cemtro: and Rescue District for the
purchase of sixteen h.1oblle Data Terminals
Meeting Date:
4/28/2)099 OQOO ..w.lv1
Prcpared By
Jason 3ir05
Property Acquisition Sp0c:alist
Date
Administrative Services
Facilities Management
4/~4!20(l8 8:26:'\0 .lHJ!
Approved B)'
Skip Camp, C.F.M.
Facilities Management Direct~r
Date
Administrative Services
Facilities. Management
4/14:'2009 8:4i AM
Appro\'cd By
Toni A. Mott
Real Property Supervisor
Date
Administrative Services
Facilities Management
4115/2009 i;30 AM
i\ppro\'ed By
Heidi F. ,b,shton
Assistant County Attorney
Date
County Attorney
Couniy Attorney Office
411512:0083:19 PM
Approved By
Jeff V,!atzkow
County:..ttOrtl0Y
Date
County Attorney
County Attome-y Office
4/'\6/20094:2-2 PM
.\pprowd By
Lpn Gorden Pr!C0
Admin:ist:"3.t!ve S0rvi::~s ,t.c!mjr;t~t~~tnr
!>:o!+"
Administrati\'c S;:,rviccs
Admin~st,~tivo Services Admln.
4./1€f20D9 5:10 pro.'
Appnl"cd By
OMS Coordinator
OMS Coordinator
Dat,:;
County Manager's Office
OffiC0 of M';irL3gernent & 8udg2t
4.'17/20098:20 AM
ApproV{'d By
Laur:; D:::v!sson
r.ri2nagement & Bl'dge-t A~lalyst
D2te
COlln~ Man?ger"s Offjce
G~Hc& of r\iianag'Jrn~nt ~l Budget
':"1Ti2C'<1-'?,: 12:17 FM
Approvl'd B}
LeG E":;~!(3. Jr.
Dsp::ty CC~lnty \';;:n:c'2,:r
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30ard of (;0Llflty
Com;nl~:sio:1ers
County k~:::r.;"';Jer's Offic.e
L;:,'18i2Ci09 .[1:44 t;.f:!1
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AGREEMENT
THIS AGREEMENT made this _day of , 2009 between COLLIER
COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA. BY ITS BOARD OF
COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND
TRUST, (~ereinafter referred to as "Trustee"), whose mailing address is 3301 Tamiami Trail East
Naples, Florida 34112, and the GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT, an
Independent District created by Special Act of the Legislature, whose mailing address is 14575
Collier Boulevard, Naples, Florida 34119, (hereinafter referred to as "District").
WHEREAS, Trustee has acquired ',061.5 acres located in Collier County, Florida
(hereinafter referred to as "Property"), from Avatar Properties Inc. flk/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 Trustee and/or the
monetary proceeds acquired trom 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, Trustee currently has funds deriveD from the use and/or sale of a portion of the
abovewdescribed Prooerty; and
WHEREAS, the District is requesting funds from the GAC Land Trust to purchase 16 Mobile
Data Terminals (hereinafter referred to as "Equipmenl~) to be used by the firefjghters in the Golden
Gate Fire Control and Rescue Distnct; and
WHEREAS, Trustee has determined that the District's request 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 the Equipment to assist the District in their service to the residents
of Golden Gate Estates, The Equipment will improve firefighter safety as well as improve the
District's response time to emergency situations. The software used by the EqUipment is the same
software used by Collier County dispatchers. which will provide interoperable communications with
dispatchers during an emergency situation. This communication will assist the District in getting to
an emergency situation more qUickly and safely. The EqUipment will also provide the District with
an online database which is useful at hazardous malenals incidents by allowing the District to more
quickly determine the composition of material that may be potentially harmful: and
WH"REAS Avat"' p'^pcrt.,^S I"" 'n-H' rwo";dr,rt .., 'I ",Hr,. "I No Ob'e^"lo...." .ja'ed ")3109
.... .' ,.. ''-', ''"' "'''''''''-'t-'' VI ,",u<,< L<:'"",V I J '_L ",'-' l ~ .!~_,
approving the use of Land TrJst Funds for the purchase of the Equipment for use by the District;
and
WHEREAS, the District intencs to utilize the Equipment during the current and subsequent
fire seasons.
NOW THEREFORE, in consideration of the above prelT'tses which are incorporated within
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 hel'eto do agree as follows'
1. The Trustee agreGs 10 contribute an amount not 10 exceed fifty-four thousand and
no/100 dollars ($54.000) to be expended by the District for the purpose 01 purchasing the
Equipment. Said funding is conlinger;t upon the District receiving a FEMA match in the amount of
eighly.three thousand live hundred twenty and nol100 dollars ($83.520),
2_ The District agrees and warrants that the Funds wdl be used solely for the purchase
of said Equipment. Said Equipment is to Include:
12 Panasonic fuily-rugged notebook computers for use on Dlshct
apparatus.
4 Motorola ru~ged laptop computers for use in command staff vehicles
16 laptop rnolnting platform.s for the requested 16 computers.
. 16 Primrak computer aided dispatCh software suites for each computer
3. The District hereby agrees that the purchase of the Equipment shall be conducted in a
manner consistent with the Board of County Commissioner's purchasing poii-:y and In proper
coordlnalion with the County's Purchasi.1g Department ,~:>rior to the ordering or receiVing af any
goods or selvices purchased under th's Agreement.
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4. Payment 01 the Funds to the District tor purchase of the Equipment shall be in accordance
with the following:
A. The Trustee shall make available funds in an amount not to exceed fitty-four
thousand dollars and noJ1 00 ($54,000.00) to reimburse the District for the purchase of Equipment.
Said reimbursement payment shall be made wit'nin Ihlrty (30) days of receipt of appropriate
verification as stated below by the Trustee, with copy to the Real Prooerty Management Manager, of
said verification.
B. The District or its designee, shall: (a) provide Real Property Management Manager,
copies of all invoices, purchase orders or other documentation whkh shall clearly state the purposes
of said expenditure. Only those invoices which clearly state expenditures associated With the
purchase of the Equipment shall be approved. Payment(s) shall be approved upon satistac:tory
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 Ihe purchase has been received and
accepted in good order and directing the County to reimburse the District. In no way shall the
amount to be reimbursed exceed $54,000.
c. Within thirty (30) days after receipt and approval of the above described
documentation, a County warrant for payment shall be prepared and made payable to the District by
the County.
o. Upon completion of the purchase of the Equipment, the District or its designee shall:
(1) Promptly lorward a letter to the Trustee staling that the money from the GAC Land Trust has
been used for the purpose of purchasing the Equipment and that all payments have been disbursed
in accordance with the Agreement; and (2) Refund to Trustee any and all Funds, or any portion
thereof, not utilized for said purchase shall be deposited directly into the GAG Land Trust Fund 605.
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 at the District to pay any remaining balance required for the purchase of the Equipment.
F. All funds requested, in accordance with this paragraph shall be disbursed within
twelve (12) Illonths of the execution of this Agreement by both parties. In the event that the
Equipment .IS not purChased and installed by the District within twelve (12) months from the
execution of this Agreement, it is understood and agreed upon by the parties that the District shall
refund or repay to Trustee. within thirty (30) days. any and all funds which have been provided to Ihe
DIstrict pursuant to the provisions of the 1983 Agreement.
5. The District agrees to protect, defend. indemnify and hold the Trustee harmless from
any and all claims, actions, causes of action or 1iabi~ities including attorney's fees and costs arising
from or in any way connected with t11e use of the funds or the selection, purchase, delivery or
installation or use of the Equipmenf by the District, its agents, employees, or in any way related to
the Equipment by the District, its agents, employees or any third party.
6. The District understands and agrees that the funds to be provided to Collier County 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 Collier County pursuant to the 1983
Agreement administered and managed by 1he County lor the GAG Land Trust and that such funds
are currently In Fund 605-122390 (The GAC Land Trusl Sales Fund),
7., The District agrees that the following purchase of Equipment shall be used primarily
for servIcing the geographical area commonly known as "Golden Gate Estates".
8.
of Florida.
This Agreement is governed and construed in accordance with the laws of the State
g, Any notice required by this Agreement shall be addressed to the parties at the
address set forth below:
IF TO THE GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT:
Golden Gate Fire Control and Rescue District
14575 Collier Boulevard
Naples, FL 3411 9
IF TO THE TRUSTEE:
Collier County
c/o Real Property Management
Administration Building
3301 Tamiami Trail East
,(I 'C::
28. 'J9
Naples, FL 34112
10. In the event that the Equipme:"1t ceases to be utilized by the District as described i~
Paragraph 2. the Distnct agrees that the District shall pay to the County, within thirty (30) days, an
amount equal to the fair market value of the Equipment as of the date the Equipment ceases to be
used by the District as described in Paragraph 2. The fair market value shall be determined by a
third party, sele8ted by the County, who is determined to be qualified to establish the valuation of
said Equipment or upon mutual agreement of County and the District.
11. ThiS Agrecr:1cnt 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 01 this Agreement shall be 01 any force or effect unless made in writing and executed
and dated by both parties.
IN WITNESS WHEREOF, District and Trustee have caused this Agreement to be duly executed on
the day and year first above written.
AS TO TRUSTEE:
DATED _..~
ATTEST:
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Donna Fiala. Chairman
AS TO GOLDEN GATE FIRE CONTROL
AND RESCUE DISTRICT
DATED:
ATTEST: .-
CPtVlk~
CHUCK MCMAHON. Secretary
GOLDEN GATE FIRE CONTROL AND
RES~
By: ROB RT ST~N URNER, c~~"man
Approved as to form and
legal sufficiency:
_~L~dLj_JjQ
Heidi F. Ashton-Cicko
ASSistant Cour:ty Attorney
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AVATAR PROPERTIES INC.
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Di1et:l Dial: (3QS) 44:;. 7000 ~:2t 9
Fac~i\TIil'C: (30S) 441~i876
E-Mu.it: pk _ ~C(Cber@3"~:nmCllding5.com
Apri13, 2009
VIA EMAIL AND
VIA FACSIMILE (239) 252.8876
Mr. .111500 Bires
Property Acqui~ition Specialist
Collier County Govemrneo!
Real Estate Services
3301 E, Ti\1I1jami Trail
Naples, FL 34112
Re: 1983 Agreement betWeen Avatar Properties Inc. and Collic:.r County
Proposed E.xpenditure for the Purchase of Equipment for the Golden Gate
Fire Control & Rescuc District
Dear Mr. Bires:
On behalf of Avatar Properties lnc.. I would hereby acknowledge receipt of your letter doted
April 3, 2009 which references the above captioned matter. I have reviewed your letter and hcreby advise
you that Avatar Pmpertie> Inc. has no objectio.o to the contemplated transaction setforth therein, While
the equipment may not be located within Golden Gare Estates. we understand that the community will
benefit from the equipment to be purchosed for the Golden Gate Fire Control & Rescue District.
Accordiug.ly, we waive the requirement in the 1983 Agreement that the facilities be physically located in
Golden Gate Eswtes. Specifically, the expenditure of not more than $54,000 from the GAC Land Trust
under the 1983 Agreement for the purchase of the equipment is approved.
If I can be of further assistance, please feel free to contact me at your convenience.
Very Truly Yours,
A VAT AR PROPERTIES INC.
~~ L~-ftJu.
Patricia Kimball Fletcher
EKecutive VlCe President
General Counsel
PKF!nes
cc~ ~,fr. Mkhacl Levy
Mr. Randy Kotler
Mr. Michael Rama
201 AII,ambra Cirde, 12tiJ Floor, Coral GtJ.hles. FL 33134 . .3054427000
G:V\w,ta~ Ptl1gerti~l< j~.:\co~;Iooccnc::'LC';tcr~\SC>l'Il\~;~~. Clo!~~ GMC Fire Cootl"Ol Di!tl"'t14.~.O'i.~