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Agenda 10/28/2008 Item # 9J Agenda Item No, 9J October 28, 2008 Page 1 of 8 -- EXECUTIVE SUMMARY TO DISCUSS THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF NAPLES AND THE CLERK OF COURTS OF COLLIER COUNTY ALONG WITH THE TAX COLLECTOR REGARDING THE ADOPTION OF A REVISED RESOLUTION TO BETTER SERVE THE CITIZENS OF BOTH THE CITY AND THE COUNTY BY PROVIDING INCREASED AND EASIER ACCESS TO PUBLIC SERVICES. OBJECTIVE: To discuss the interlocal agreement between the City of Naples and the Clerk of Courts of Collier County along with the Tax Collector regarding the adoption of a revised resolution to better serve the citizens of both the City and the County by providing increased and easier access to public services. CONSIDERA TIONS: To recognize the interlocal agreement between the City of Naples and the Clerk of Courts at no cost for continued services to residents of Collier County as well as the Tax Collector for office space. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE LEGAL CONSIDERATIONS: NONE - RECOMMENDATION: To revise and approve the resolution for the Clerk of Courts and the Tax Collector recognizing the leased space and to recognize the interlocal agreement between the City of Naples and the Clerk of Courts. Prepared by: Tom Henning, Chairman - Page I of 1 Agenda Item r'~o, 9J Ocbber 28.2008 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMM1SSIONEF:S Item Number: Item Summary: 9J To discuss interlocal agreement between City of Naples and Clerk of Courts along with Tax Collector regarding Interlocal agreement. Meeting Date: 10/28/2008 900.00 AM Prepared By Paula Springs Executive Aide to the Bee Date Board of County Commissioners BCC Office 10/22/20082:28:05 PM Approved By Sue Filson Executive Manager to the BCC Date Soard of County Commissioners Bce Office 10/22/20082:29 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/22/20083:19 PM fi le:/ /(':\,,1,. oenci~ Test\ Fxn()11\ 1 1 '\-Cktnh,'!'o/" ')())R 'V,.')()J(HHn()q %)()R() A R n% J()()F% )()('() 1 ()n? /)()()R RESOLUTION NO. 2008- Aqenda Item No, 9J -October 28, 2008 Page 3 of 8 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ACKNOWLEDGING THAT THE COLLIER COUNTY TAX COLLECTOR ENTERS INTO LEASES AND/OR AGREEMENTS FOR BRANCH OFFICES IN WHICH LIMITED COUNTY BUSINESS IS CONDUCTED Whereas, The Collier County Tax Collector has lease space at the Eagle Creek Shopping Center and the Wilson Plaza Shopping Center, in addition, an Interlocal Governmental Agreement with the City of Naples for a branch office in City Hall and an , agreement for office space, at no charge, in the Fifth Third Bank Building, located in Pelican Bay; and Whereas, the Tax Collector collects property taxes and all manner of title registrations and licenses in these branch offices as required and authorized by the State of Florida; and Whereas, from time to time, the Tax Collector provides free office space at these branch offices to the Clerk of Courts, the Supervisor of Elections, and the Property Appraiser; and Whereas, the Board of County Commissioners acknowledges that the Tax Collector performs limited County business in these branch offices, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, that the Board hereby recognizes that certain County functions arc conducted by the Tax Collector together with the numerous State functions at the leased premises located at the Eagle Creek Shopping Center and the Wilson Plaza Shopping Center, and in addition, at the Tax Collector's branch office in the City Hall, City of Naples, Florida, and the Pelican Bay office in the Fifth Third Bank Building and the Board [rods such lease arrangements and the agreements providing free branch office space, by the Tax Collector, to be in the best interest of the citizens of Collier County and require no further action by the Board. This Resolution to take effect upon adoption. This Resolution duly adopted this _ day of _' 2008, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLOFJDA By: CHAIRMAN Retn: ATTN: THORMAN CITY OF NAPLES 735 8TH 5T S NAPLES FL 3~102 jllJU UL,l1 lljjl.. U(j' l~b'" f\gen.da.itemNO,9J ~ 1 " !\ I 'I ! I U..J O'12!>~~ 28, 20Q8. RECORDBD in the OFFICIAL RECORDS of COLLIER COUNTY, FL R F~ge 4 Jei;;lO 02/25/2008 at 09:18AM DWIGHT E, BROCK, CLERK INTERLOCAL AGREEMENT: LICENSE FOR VSE OF CITY OFFICE SPACE THIS INTERLOCAL AGREEMENT (the "Agreement") is made this JAday of February, 2008, by and between THE CLERK OF THE CIRCUIT COURT OF COLLIER COUNTY (the "Clerk"), an independent Constitutional Officer, and THE CITY OF NAPLES, a Florida municipal corporation (the "City"). WITNESSETH: WHEREAS, Section 163.01, Florida Statutes, also known as the Florida Interlocal Cooperation Act of 1969, permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with each other to provide services in a manner that will accord best with geographic, economic. population and other factors inf1uencing the needs and development of local communities; and WHEREAS, the City and the Clerk have determined that it is in their best interest to maintain an office for the Clerk of the Circuit Court of Collier County within the Naples City Hall; and WHEREAS, such an office benefits the citizens of both the City and County by providing increased and easier access to the services provided by the Clerk; and WHEREAS, an Inter/oeal Agreement for the use of office space expires on February 1,2008; and WHEREAS, the City is willing to grant Clerk a license to use space in the Naples City Hall for a three (3) year period on the terms and conditions contained herein. NOW, THEREFORE, based upon the mutual covenants and premises provided herein, and other valuable consideration, the pa..'"ties hereby agree as follows: I. Recitals Incorporated, The above recitals are true, correct and incorporated herein. 2. Terms, For purposes of this Agreement, the following terms shall have the following meanings: a, "Building" shall mean the Naples City Hall which is located at 73 5 Eighth Street South. Naples, Florida 34102. b. "Premises" shaH mean the southwest end of the first floor of the Building, consisting of approximately 1,500 square feet Agenda Itef].j:lp. 9J OR: 433 2 OpG~~rl~.so08 t-'age ::> of 8 3. Description of the Premises. The City hereby grants to the Clerk a revocable license to occupy the Premises, subject to all of the terms and conditions contained herein. The Clerk shall have the right to share in the use of any common areas and facilities appurtenant to the Building with the City. 4. Term. The term of this Agreement shan be for three (3) years (the "Term"). The Term shall commence on February 1,2008 and shall expire on February 1,2011 (the "'Termination Date"). Under the provisions of the City of Naples Purchasing Policy, the City Manager has the authority to extend the Term for ten (10) one-year extensions. At the end of the Term or if terminated prior to the Termination Date by either party, this Agreement shall absolutely end. The Clerk acknowledges that it has not obtained any type of ea'iement or permanent interest in the real property upon which the Premises and Building is located. 5. License Fee. There shall be no license fees due under this Agreement. 6. Services. The Clerk shall be responsible, at its sole cost and expense, for janitorial and cleaning services for the Premises. The City shall provide climate control, electricity, and telephone service to the Premises. Costs for electricity shall be paid by the Clerk based on the percentage of office space occupied in prenllses, 7. Use and Occupancy. The Clerk shall occupy and use the Premises solely for an office of the Clerk of the Circuit Court of Collier County. 8. Alterations and Improvements. The Clerk shall not alter, improve or change the Premises, including existing signage, without the written consent of the City; provided, however, that the locating and relocating of moveable partitions, telephone and electrical outlets, light fixtures, equipment and trade fixtures shall not be deemed alterations, improvements or changes to the Premises. Such work shall be done at such time and in such manner so that the conduct of such work does not unreasonably interfere with the use and enjoyment of adjoining premises, if any, by other occupants of the Building. 9, Employee Parking. Clerk of Court employees working at Naples City Hall under the tcrms of this Agrcement shall comply with employee parking policies of the City. 10. Termination. Neither party may unilaterally terminate this Agreement during the first three (3) years. Thcreafter, either party may terminate this Agreement upon twelve (12) months \NTitten notice delivered to the other party, 11. Assignment The Clerk shall not assign, sublet, or permit the Premises to be used by others without the prior written consent of the City in each instance, J\c;enda item No DJ OR: 433~lCp)G~~3:8~~?~ 12. Indemnification. To the extent permitted by law, the Clerk shall indemnify, defend, save, and hold harmless the City, the City's officers, agents and/or employees from and against any and all losses, penalties, damages, professional fees, including reasonable attorneys' fees and all costs of litigation and judgments, arising out of any willful misconduct or negligent act, error, or omission of the Clerk arising out of or incidental to the Clerk's use of the Building and/or Premises, or the failure of the Clerk to perform any duties under this Agreement, and to the extent permitted by law the City shall indemnify, defend, save and hold harmless the Clerk. the Clerk's officers, agents and/or employees from and against any and all losses, penalties, damages, professional fees, including reasonable attorneys' fees and all costs of litigation and judgments arising out of any willful misconduct or negligence, act, error or omission of the City arising out of or incidental to the Clerk's use of the building and/or premises or the failure of the City to perform any duties under this Agreement. This indemnification provision shall not be construed as a waiver of any limitation of liability to which the Clerk or City may be entitled under Florida Law. 13. Notices and Address of Record. All notices required or made pursrumt to this Agreement to be given by the Clerk to the City shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following: City Council City of Naples 735 Eighth Street South Naples, Florida 34102 All notices required or made pursuant to this Agreement to be given by the City to the Ckrk shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following: Clerk ofthe Circuit Court, Collier County, Florida 330] Tan1iami Trail East Naples, Florida 34112 Attn: Dwight E. Brock, Clerk Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. 14. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon and all of which shall together constitute one and the same instrument Agenda Item No, 9J *** OR: 433~c~~~~iSi~** 15. Effective Date. This Agreement shall take effect on the day of execution by the last party to execute this Agreement. 16. Recording. This Agreement shall be recorded by the Clerk in the Official Records of Collier County within thirty (30) days after this Agreement is fully executed. IN WITNESS WHEREOF, the parties hereto have executed this Interlocal Agreement on the day first written above. CLERK OF THE CIRCUIT COURT COLLIER COUNTY, FLORIDA ATtEST: ':.;,. · By:4ad~ J'ar~A. Norman, 'ty Clerk Approved as. to. form and legal sufficiency: .' . By fu <\ \J/9,~ Robert D, Pritt, City Attorney henning_t ,A,oencia Item r'~o, 9J ~Cdc)ber 28,2008 Page 8 of 8 From: Sent: To: Cc: Subject: Attachments: Bill Moss [bmoss@naplesgov.com] Wednesday, October 22, 2008 11 :06 AM henning_t Ann Lynch; Roger Reinke City of Naples & Clerk of Courts Agreement DOC001.PDF Chairman Henning: Unable to fax do constant busy signal. Attached is the requested lease agreement. Bill Mos s City Manager City of Naples bmoss~naplesgov.com -----Original Message----- From: MAN5687@naplesgov.com [mailto:MAN5687@naplesgov.com] Sent: Wednesday, October 22, 2888 12:89 PM To: Bill Moss Subject: Scan from a Xerox WorkCentre Please open the attached document. It was scanned and sent to you using a Xerox WorkCentre. Attachment File Type: PDF WorkCentre Location: machine location not set Device Name: XRX8888AA7D825D For more information on Xerox products and solutions, please visit http://www.xerox.com 1