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Backup Documents 09/26/2023 Item #16F 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP y 6 F 1 ' TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** 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 Attn. Ronald Tomasko 0 91 tao73 2. BCC Office Board of County Commissioners L Ii/1 s/ 9/m/t3 3. Minutes and Records Clerk of Court's Office V:43 90 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 Vera Ivanova/Real Property— Phone Number 239-252-7609 Contact/ Department Facilities Management Agenda Date Item was September 26, 2023 Agenda Item Number 16.F.1. Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST dltfia Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, 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 N/A 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 VI 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 VI 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 09/26/2023,and all changes made during VI the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. Oil 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made,and the document is ready for the '[ Chairman's signature. �� 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 6F 1 AGREEMENT THIS AGREEMENT made this 2(to day of Sep#e.,j&' , 202 3, 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 c/o 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 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 sale of 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 WHEREAS,Golden Gate Estates Land Trust Committee has provided its consent on 11/14/2022, to the County for the use of funds to acquire Ford F-600/SFEV High Water/Brush Truck(`Truck'). NOW THEREFORE, in consideration of the above recitals, which are incorporated herein and made part of this Agreement the parties hereto do agree as follows: 1. The County hereby agrees to reimburse a maximum of Two Hundred Fifty Thousand Dollars and zero Cents ($250,000.00) 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. 1 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 the amount set forth in Paragraph 1 of this Agreement. c) The Truck shall be purchased by the District within twelve (12) months of the execution of the Agreement by both parties. 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. e) The District 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 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 are to be provided in accordance with the terms of this Agreement and 1983 Agreement and are currently in County Fund 1057000000 (The GAC Trust Fund-Land Sales). 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 2 1 6F 1 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 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 ['ruck 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 do Real Property Management 3335 Tamiami Trail East, Suite 101 Naples,Florida 34112 IF TO THE DISTRICT: Greater Naples Fire Rescue District 14575 Collier Boulevard Naples, Florida 34119 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. IN WITNESS WHEREOF, District and County have caused this Agreement to be duly executed on the day and year first above written. AS TO COUNT : DATED: 9 -26( e3_ ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. K.•ze rk o the Circuit Court COLLIER COUNTY, FLORIDA and Compt 0.11 1 BY: `O BY _1 2,;1? ......_ Attest a,s airman:',Deputy Clerk Rick LoCastro,Chairman i sign. to - only 3 1 6 F 1 AS TO DISTRICT: DATED: 't(I 5 ATTEST: GREATER NAPLES FIRE RESCUE DISTRICT Secretary it',/4 By: ri..c7 Chairman csn ci (print name) (print name) Approv 1 ality:4(z6r pilaw T oM4$ ,Assistant County Attorney -)\)\ • 4 \\Cs\ — 0