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Agenda 01/10/2023 Item #16C 6 (For the Board to approve an Agreement between Collier County, a Political Subdivision of the State of Florida, acting in their capacity as Trustee of the GAC Land Trust and EMS for funding the purchase of equipment)16.C.6 01 / 10/2023 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners, acting in their capacity as Trustee of the GAC Land Trust, executes an Agreement and authorizes a Budget Amendment in the amount of $352,000 to provide the Collier County Emergency Medical Services Division funding for the purchase of an ambulance, stretcher, and cardiac monitor for EMS Station 74, located at the intersection of DeSoto Boulevard and Golden Gate Boulevard. OBJECTIVE: For the Board to approve an Agreement between Collier County, a Political Subdivision of the State of Florida, acting in their capacity as Trustee of the GAC Land Trust (Board), and the Collier County Emergency Services Division (EMS) for funding the purchase of equipment, and to approve a Budget Amendment in the amount of $352,000 to be withdrawn from the Fiscal Year 2023 budget. 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. Taylor Morrison, Inc., is now the successor to Avatar Properties Inc. 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 residents 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 November 14, 2022, regular meeting of the Golden Gate Estates Land Trust Advisory Committee (Committee), EMS petitioned the Committee requesting funding to purchase an ambulance, stretcher, and cardiac monitor (Equipment) in the amount of $352,000. The Equipment will be housed at Station 74 located at the intersection of DeSoto and Golden Gate Boulevards. The Committee voted 3-0, with two seats vacant, to fund the request for the amount $352,000. With this vote, the Committee recommends that the Board of County Commissioners approves the funding request made by EMS. The funding disbursement will have to be complete within twenty-four months of the Board's execution of the Agreement. The Agreement has been reviewed and approved by the County Attorney's Office. FISCAL IMPACT: A total allocation in the amount of $352,000 shall be withdrawn from Fund 605 GAC Reserves and deposited into the appropriate Fund 605 GAC Operating Account. GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval. - RTT RECOMMENDATION: That the Board of County Commissioners approves the attached Agreement providing for funding in an amount of $352,000 and authorizes its Chairman to execute the attached Agreement and authorizes the necessary Budget Amendment for funds to be withdrawn from the Fiscal Year 2023 Budget. Prepared by: Michael H. Dowling, Senior Property Management Specialist, Facilities Management Division ATTACHMENT(S) 1. EMS DeSoto Equipment GAC Funding Agreement 2022 (PDF) Packet Pg. 795 16.C.6 01/10/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.6 Doc ID: 24022 Item Summary: Recommendation that the Board of County Commissioners, acting in their capacity as Trustee of the GAC Land Trust, executes an Agreement and authorizes a Budget Amendment in the amount of $352,000 to provide the Collier County Emergency Medical Services Division funding for the purchase of an ambulance, stretcher, and cardiac monitor for EMS Station74 located at the intersection of DeSoto Boulevard and Golden Gate Boulevard. Meeting Date: 01/10/2023 Prepared by: Title: Property Management Specialist, Senior — Facilities Management Name: Michael Dowling 12/08/2022 3:43 PM Submitted by: Title: — Facilities Management Name: John McCormick 12/08/2022 3:43 PM Approved By: Review: Facilities Management John McCormick Director - Facilities Facilities Management Jennifer Belpedio Manager - Real Property Emergency Medical Services Tabatha Butcher Additional Reviewer Public Utilities Operations Support Michael Dowling PUD Department Review Public Utilities Department Drew Cody Level 1 Division Reviewer Public Utilities Department George Yilmaz Level 2 Division Administrator Review County Attorney's Office Ronald Tomasko Level 2 Attorney of Record Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review County Manager's Office Ed Finn CMO Completed Office of Management and Budget Susan Usher Additional Reviewer Office of Management and Budget Christopher Johnson Additional Reviewer County Manager's Office Amy Patterson Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 12/12/2022 2:50 PM Completed 12/15/2022 1:36 PM Completed 12/29/2022 4:16 PM Skipped 12/29/2022 4:23 PM Completed 01/03/2023 10:22 AM Completed 01/03/2023 10:42 AM Completed 01/04/2023 9:52 AM Completed 01/04/2023 10:32 AM Completed 01/04/2023 10:36 AM 01/04/2023 4:15 PM Completed 01/04/2023 4:32 PM Completed 01/04/2023 4:34 PM Completed 01/04/2023 4:56 PM 01/10/2023 9:00 AM Packet Pg. 796 16.C.6.a AGREEMENT THIS AGREEMENT made this day of 2023. between the COLLIER COUNTY EMERGENCY MEDICAL SERVICES DIVISION (hereinafter referred to as the "EMS"), whose mailing address is 8075 Lely Cultural Boulevard, Suite 267, Naples, FL 34113, and 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 the "County"), whose mailing address is c/o Real Property Management 3335 Tamiami Trial East, Suite 101, Naples, FL 34112. 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 EMS 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 an ambulance and related equipment (stretcher and cardiac monitor), hereinafter referred to as the "Equipment" for EMS Station 74. 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 fund an amount not to exceed Three Hundred and Fifty -Two Thousand Dollars ($352,000), hereinafter referred to as the "Funds," to be expended for purchasing the Equipment in accordance with the terms and conditions of this Agreement. provided said Funds are to be used solely for the purpose of purchasing said Equipment. 2. EMS agrees and warrants that the Equipment purchased with the Funds shall be utilized solely by EMS and other County agencies further described herein for the primary purpose of providing public safety and medical emergency services to the residents and visitors of Golden Gate Estates. [ 22-RP R-03605/ 1757861 / 1 I Packet Pg. 797 16.C.6.a 3. The Equipment shall be purchased by EMS within twenty-four (24) months from the date of the County's execution of this Agreement. 4. If EMS obtains any moneys as a gift, contribution, or reimbursement, through any grant program or any other funding source, pertaining to the purchase of said Equipment, such gift, contribution. or reimbursement, shall be RETURNED within thirty (30) days of receipt by EMS and forwarded to the Board of County Commissioners for deposit into the GAC Land Trust Account as reimbursement of Funds provided for by this Agreement. 5. EMS 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 EMS to pay any remaining balance required to complete the purchase of the Equipment. 6. EMS covenants and agrees that this Agreement is solely between the County and EMS and, although the County shall transfer Funds to EMS for all or only a portion of the Funds on behalf of EMS. the County shall have no direct or indirect liability to any parties of the Equipment or any other third party resulting from this Agreement. 7. EMS understands and agrees that the Funds to be provided to EMS 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). EMS further understands and agrees that no ad valorem taxes, revenues or moneys from 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. This Agreement is governed and construed in accordance with the laws of the State of Florida. 9. Any notice required by this Agreement shall be addressed to the parties at the address set forth below: If to COUNTY: Collier County c/o Real Property Management 3335 Tamiami Trail East, Suite 101 Naples, Florida 34112 If to EMS: Collier County Emergency Medical Services 8075 Lely Cultural Boulevard, Suite 267 Naples, Florida. 34119 10. 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 122-RPtt-03605/1757861 / 11 2 Packet Pg. 798 16.C.6.a amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both parties. IN WITNESS WHEREOF, EMS and County have caused this Agreement to be duly executed on the day and year first above written. AS TO COUNTY: DATED: ATTEST: Crystal K. Kinzel, Clerk of Courts Collier County. Florida, 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 By: By: Deputy Clerk Rick LoCastro, Chairman Approved as to form and legality: Ronald T. Tomasko, Assistant County Attorney 122-RP R-03605! 1757861 / 11 c a) E Packet Pg. 799 1