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Backup Documents 02/10/2026 Item #16F 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 F 2 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. ** 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. 2. (Enter your Dept here) Collier County EMS BG 1/9/26 3. County Attorney Office County Attorney Office Z/l$j zie 4. BCC Office Board of County Commissioners Dk 5. Minutes and Records Clerk of Court's Office 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 Bruce Gastineau/EMS Phone Number 239-252-3757 Contact/Department Agenda Date Item was 2/10/2026 Agenda Item Number 16.F,Z Approved by the BCC Pe.f Type of Document(s) Interlocal Agreement with Greater Naples Number of Original 1 Attached Fire Rescue and Collier County for Medic Documents Attached Stationing and Ambulance Housing at Station 63 PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST 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 signature?(stamped unless otherwise stated) Yes 2. Does the document need to be sent to another agency for additional signatures? If yes, NA provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legality. (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 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 document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is uploaded to the agenda. 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 2/to and all changes made during N/A is not the meeting have been incorporated in the attached document. The County Attorney an option for Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached docurent is the version approved by the N/A is not BCC,all changes directed by the BCC have been nla.de, and the document is ready for the an option for Chairman's signature. this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05;11/30/12;4/22/16;9/10/21 1 6 F 2 INTERLOCAL AGREEMENT GREATER NAPLES FIRE RESCUE AND COLLIER COUNTY FOR MEDIC STATIONING AND AMBULANCE HOUSING STATION 63 THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into on this IOt h day of f j , 2026, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as the "County," and the Greater Naples Fire Rescue District, an independent special fire control and rescue district, hereinafter referred to as the "District," (collectively referred to as the"Parties"). RECITALS: WHEREAS, the Interlocal Cooperation Act of 1969, set forth in Chapter 163, Florida Statutes, authorizes the joint exercise of any power, privilege, or authority which the public agencies involved herein might exercise separately; WHEREAS, the District is an independent fire control and rescue district created and existing under Chapters 191 and 189, Florida Statutes, and Chapter 2014-240, Laws of Florida, as amended; WHEREAS, pursuant to a 2019 agreement with the Florida Department of Transportation ("DOT"), as amended ("DOT Contract"), attached hereto as Exhibit A, the District operates Station 63, a fire station owned by DOT located on 1-75, Alligator Alley, in Collier County, Florida, The real property described in Exhibit A, together with all buildings, structures, and other improvements located thereon shall hereinafter be referred to as the"Facility"; WHEREAS, the Parties recognize the mutual benefit in collaborating to enhance emergency response services and public safety through the co-location of EMS medics and an ambulance apparatus at the Facility under the terms and conditions set forth below; WHEREAS, the Parties have determined it is in the best interest of the health, safety, and welfare of the public to approve the proposed Interlocal Agreement, WITNESS ETH: NOW, THEREFORE, in consideration of the promises and obligations set forth below, the County and the District hereby agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. Page 1 of 9 Qp 0 16F2 2. Term. The term of this Agreement shall commence on the Effective Date and shall continue for a period of thirty (30) years, unless earlier terminated or expired in accordance with the provisions of this Agreement. 3. Use and Occupancy of Facility. Use of the Facility by the County shall be for the sole purpose of stationing medics, an ambulance and related equipment at the Facility and shall be done in such a manner to ensure that its activities shall not result in the District breaching the DOT Contract or successor agreement. The use of the Facility shall be as follows: a) Dedicated Areas. (i) County's Dedicated Area: Two (2) bunkrooms and a designated space outside of the Facility to station an ambulance for the County's exclusive use. The County may install a temporary canopy over the ambulance for weather protection at its sole cost as long as the District approves the location and canopy and the District receives approval from DOT. (ii) District's Dedicated Area: Three (3) bunkrooms and entire apparatus bay for the District's exclusive use. fill) FHP Dedicated Area: The DOT Contract requires space to the Florida Highway Patrol for the Florida Highway Patrol's exclusive use. (iv) Exhibit B depicts each Party's and the Florida Highway Patrol's Dedicated Area. b) Common Areas. All interior and exterior portions of the Facility not designated as Dedicated Areas for shared, nonexclusive use with the District. Interior Common Areas include, without limitation, the kitchen, bathrooms, hallways, doors, flooring, and interior fixtures. Exterior Common Areas include, without limitation, driveways, access roads, pedestrian areas, greenspace, and the exterior of the Facility, including doors,windows,roofing, finishes,and fixtures. 4, Rent. There shall be no rental payments as consideration for the essential public safety and emergency response services provided to the community. The Parties acknowledge that the provision of such services is of significant value to the surrounding area and constitutes sufficient consideration. 5. Insurance. Collier County shall provide and maintain a Commercial General Liability insurance policy of not less than One Million and 00/100 Dollars ($1,000,000.00), Page 2 of 9 16F2 combined single limits while occupying the Facility. In addition, Collier County shall provide and maintain Worker's Compensation Insurance covering all its employees working at the Facility in amounts consistent with the existing statutory limits in compliance with the applicable state and federal laws. Collier County shall also maintain standard fire and extended coverage insurance including, without limitation, furniture, equipment, personal property and supplies, in an amount not less than the then-existing full replacement value. Collier County shall maintain Business Automobile Liability Insurance, and Business Boat Liability Insurance, for automobiles and boats used by Collier County in the course of its performance under duties at the Facility, each said policy in amounts of One Million and 00/100. Dollars ($1,000,000.00) combined single limit per occurrence. Notwithstanding, in accordance with Section 768.28, Florida Statutes, Collier County shall not be deemed to have waived any defense of sovereign immunity or to have increased the limits of its liability as a result of its obtaining the insurance coverage required by this section. 6, Cleaning, The County is responsible for cleaning its respective Dedicated Area at its sole cost and expense. Each Party shall be responsible for cleaning up after its own use of the Common Areas. General upkeep of the Common Areas shall be a shared responsibility of the Parties. The Parties covenant and agree not to use, occupy, suffer, or permit the Facility or any part thereof to be used or occupied for any purpose that is contrary to law or rules or regulations of any public authority having jurisdiction over the property where the Facility is located. 7. Maintenance. The District shall be solely responsible for all routine and major maintenance, repair, and replacement of the Facility, including both the interior and exterior, as well as the Common Areas, The County shall have no responsibility for routine or preventative maintenance of the Facility. The County shall be responsible for the general maintenance,repair, and upkeep of its Dedicated Areas, including any equipment, furnishings, or improvements located therein. However, to the extent a maintenance issue within the County's Dedicated Areas involves a structural or building-related component(e.g., roofing, HVAC, plumbing,or electrical systems) and is not an issue due to damage caused by the County, the District shall be responsible for such repair or replacement. In such cases, the County shall promptly notify the District of the issue, and the District shall arrange for the necessary repairs or replacement within a reasonable time frame. 8. Fuel Tanks; If the County wishes to withdraw fuel from the fuel tanks located at the Facility, each party shall be solely responsible for its own metering of fuel unless an Page 3 of 9 t t,�: i 1 6 F 2 agreed upon method or system is utilized. The District will submit a monthly invoice to the County related to the County's fuel usage, which must be paid by the County within thirty (30) days of receipt. The price of the fuel used to calculate the invoice will be based on the cost the District is charged for such fuel. 9. Utility Costs. The District shall be responsible for all utility charges associated with the Facility, including but not limited to electricity, water/sewer, solid waste, and pest control. The County shall not be responsible for any utility charges except for any utilities it separately contracts for in connection with services it chooses to obtain, such as cable, telephone, or intemet, unless the Parties mutually agree to a shared service, in which case costs may be divided based on usage. 10. Modification of Facility. The County shall not make any modifications, alterations, additions, or improvements (collectively, "modifications") to the Facility without the District's written consent. Minor alterations to the County's Dedicated Area, such as painting or hanging electronics or shelving, are allowed without consent of the District and are the responsibility of the County as long as such minor alterations are allowed under a successor agreement of the DOT Contract and the minor alternations are consistent with the successor agreement's requirements. The Parties recognize that minor alterations are not allowed under the DOT Contract. 11. Damage to the Facility. If the County causes damage to the Facility, including any fixtures or personal property,the County shall be responsible for the costs to repair or restore the damaged property. The District shall have the right, at its discretion, to repair or restore the damage, and the County shall fully reimburse the District for the reasonable cost of such repairs upon receipt of an invoice and supporting documentation. The County shall have no other responsibility or liability for any damage to the Facility that it did not cause, whether such damage arises from the actions of the District, third parties,natural events, or any other cause. 12. Damage by Natural Causes. In the event the Facility is damaged or destroyed by fire, storm, flood, hurricane, or any other natural disaster or act of God, the County shall have no responsibility or liability whatsoever for any repair, restoration, or replacement costs for the Facility. The District shall be solely responsible for repairing, restoring, or replacing the Facility and all improvements thereon to return the Facility to a usable condition. During any period in which the Facility, or any portion thereof, is uninhabitable or unsafe for occupancy,the County's Page 4 of 9 16F2 obligations to occupy or use the Dedicated Areas shall be suspended, and the Parties shall cooperate in good faith to determine temporary arrangements for the County's operations. 13. Default. If there is a breach of this Agreement, the party shall provide the defaulting party with ninety (90) days written notice of the non-compliance and the non- complying party shall cure such default. If the non-complying party does not cure the default within thirty(30)days, the remedy of specific performance may be utilized, 14. Termination/Automatic Expiration/Surrender. The Agreement may be terminated in any of the following matters: a) Either Party may terminate this Agreement for any reason by providing the other Party with at least sixty(60)days' prior written notice, b) The District may terminate this Agreement with at least fifteen (15) days prior written notice to the County upon the District assigning a District advanced life support transport unit to the Facility. The Agreement will expire without further action of the Parties if the DOT Contract or successor agreement is terminated or expires. The District will provide written notice to the County regarding the date of termination or expiration of the DOT Contractor or successor agreement. Unless otherwise mutually agreed by the Parties, within ten (10) days after termination or expiration of the Agreement, the County shall deliver the Dedicated Area to the District in good condition and repair. The County shall have the right at any time during County's occupancy to remove any of its personal property and equipment not used by the Parties in conjunction with the Common Areas or for common use or the Dedicated Area. 15, Notices. Notices hereunder shall be given to the Parties set forth below and shall be made by hand delivery, overnight delivery or by regular mail. If given by regular mail, the notice shall be deemed to have been given within a required time if deposited in the U.S. Mail, postage prepaid, within the time limit. For the purpose of calculating time limits which run from the giving of a particular notice the time shall be calculated from actual receipt of the notice. Time shall run only on business days which, for purposes of this Agreement shall be any day other than a Saturday, Sunday or legal public holiday. Any notices required or permitted to be given under this Agreement shall be addressed to the parties at the addresses set forth below: COUNTY; County Manager Collier County Manager's Office 3299 East Tamiami Trail, Suite 202 Naples, Florida 34112 Page 5 of 9 1 16F2 CC: Real Property Management 3335 East Tamiami Trail, Suite 101 Naples, Florida 34112 DISTRICT; Fire Chief 14575 Collier Boulevard Naples, Florida 34119 With a copy to: Laura Jacobs Donaldson, Esq. Florida Environmental,Fire & Government • Law,P.A. 2 9 01 West Busch Blvd., Ste. 2 01 Tampa,FL 3 3 618 Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. Each party to this Agreement has the affirmative duty to notify the other party hereto in writing of any change in the address provided above. Failure to do so will excuse any failure to receive timely notice that has been sent to the address provided herein. Legal Matters 16. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the Parties to this Agreement. 17, The Parties acknowledges that the failure of this Agreement to address any permit, condition, term, or restriction shall not relieve the Parties, or their successors or assigns, of the necessity of complying with any law, ordinance, rule, or regulation governing said permitting requirements, conditions, terms or restrictions. 18. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the Parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. 19. The District shall execute this Agreement prior to it being submitted for approval by the Collier County Board of County Commissioners. This Agreement shall be recorded by the County, at its sole cost and expense, in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. A copy of the recorded document will be provided to the District within fourteen (14) days of recording. 20. This Agreement shall be governed by and construed under the laws of the State of Florida. The Parties shall attempt in good faith to resolve any dispute concerning this Agreement Page 6 of 9 16F2 through negotiation between authorized representatives. If these efforts are not successful, the Parties shall utilize the process set forth within the Florida Governmental Conflict Resolution Act, Chapter 164, Florida Statutes. This Agreement may be enforced by the Parties in any manner authorized by law but the only remedy is a party seeking specific performance for violation of the terms and conditions of this Agreement. Each party shall bear its own costs and attorney's fees related to this matter. 21. This Agreement is personal to each party, and the rights and interests hereunder may not be sold,transferred, or assigned, in whole or in part, without the prior written consent of all Parties, which either party may deny in its sole discretion, except that this Agreement may be assigned to another district that the District has been merged or consolidated without approval from the County, provided that the successor in interest assumes all obligations under this Agreement. 22. This Agreement constitute the entire agreement between the Parties with respect to the activities noted herein and supersedes and takes the place of any and all previous agreements between the Parties hereto relating to the transactions contemplated herein. All prior representations, undertakings, and agreements by or between the Parties hereto with respect to the subject matter of this Agreement are merged into, and expressed in, this Agreement, and any and all prior representations, undertakings, and agreements by and between such Parties with respect thereto hereby are canceled. This Agreement shall only be amended by mutual written consent of the Parties hereto or by their successors in interest. 23. Nothing contained herein shall be deemed or construed to create between or among any of the Parties any joint venture or partnership nor otherwise grant to one another the right, • authority or power to bind any other party hereto to any agreement whatsoever. 24. If any term, covenant, or condition of this Agreement or the application thereof to any person or circumstances will, to any extent, be deemed lawfully invalid or unenforceable, the remainder of this Agreement or the application of such term, covenant, or condition to persons or circumstances other than those as to which it is held to be invalid or unenforceable, will not be affected thereby and each term, covenant, and condition of this Agreement will be valid and enforced to the fullest extent permitted by law. 25. To the extent provided by law, the Parties agree to hold harmless, indemnify, and defend the other party including its agents, officers, directors and employees for any and all claims, losses, penalties, demands, judgments, and costs of suits for any expense, damage or Page 7 of 9 i i f; is .. 16F2 liability incutTed, whether for personal injury, property damage, or direct damages arising directly or indirectly arising from or in connection with the use of the Facility under the terms of this Agreement and the Ground Lease, except for such damage or liability which is caused solely by the negligence of the other party. This indemnification shall not be deemed a waiver of any limitation of liability to which either party may be entitled under Florida Statutes, including but not limited to Section 768.28, Florida Statutes. 26. This Agreement may be signed in counterparts. Remainder of Page Intentionally Left Blank Signature Page to Follow Page 8 of 9 ( tic, 16F wIIL?REoI',the have the ., r written. FOR"I IIF:COUNTY: z//e1/Z4 BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA. ATTEST: , .CotkYSTAL,K. NZEL, CLERK 1 t y« ,. . feputyClerk By: 4,, ---:-------- ----(:) :I! Deputy Clerk Ns.s; " Dan Kowal, Chairman Appt etlatis to form anA ti : `' Sall shkar istant County Attorney V cA /�WITNESSES: GREATER NAPLES ERE' �/J , , �,� RESC,!E DISTRIC.1' t VSLit a-ture i�o±,e_C11p SS.kr C Printed Name l � //>.----/ ...'. c�ir �CX 0.+1 Ii-nq.. Date: Approved as to form and lebal sufficiency; Nags 9 of 9 , Exhibit 1 6 F 2 D1TERLOCAL AGREEMENT This Interlocal Agreement("Agreement") is entered into effective as of July 1, 2019 (the "Effective Date") between the Greater Naples Fire Rescue District, an independent special district of the State of Florida created under Chapter 2014-240, Laws of Florida (the "Fire District") and the State of Florida, Department of Transportation (the "Department") (collectively,the"Parties"and each a"Party"). RECITALS A, Pursuant to Section 338.26(3), Florida Statutes, Collier County ("County") and the Department previously entered into an interlocal agreement (along with an incorporated Airspace Agreement) effective May 9, 2014 (and as subsequently amended, the "Original Interlocal Agreement") to develop and operate a fire station at the Department's Mile Marker 63 Rest Area("the Fire Station")on Alligator Alley in Collier County,Florida. B. In accordance with the Original Interlocal Agreement, the Department constructed the Fire Station. Subsequently, the County assigned, and the Fire District assumed, the County's rights and obligations under the Original Interlocal Agreement. The Fire District is currently operating the Fire Station and providing fire, rescue and emergency management services to the public on Alligator Alley. C. Chapter 2019-153,Laws of Florida, amended the provisions of Section 338.26(3), Florida Statutes,governing funding and operation of the Fire Station. D. Effective July 1, 2019, through no later than June 30, 2027, the Department is required to enter into an interlocal agreement to use Alligator Alley tolls revenues remaining after payment of other statutorily required items, including the costs of operation and maintenance of Alligator Alley and outstanding contractual obligations, to reimburse a local governmental entity for the direct actual costs of operating the Fire Station. E. Pursuant to Section 338,165, Florida Statutes, the Department has issued its Alligator Alley Revenue Refunding Bonds, Series 2017A, refunding the previously issued and outstanding Alligator Alley Revenue Bonds, Series 2007A. The Series 2017A bonds, and any bonds issued by the Department to refund the Series 2017A bonds, are referred to in this Agreement as the"Bonds." F. The local government entity receiving Department funding under Section 338.26(3), Florida Statutes, is required to use the Fire Station to provide fire, rescue, and emergency management services exclusively to the public on Alligator Alley. G. The local governmental entity is required to contribute ten percent,(10%) of the direct actual operating costs of operating the Fire Station. The amount of reimbursement to the local governmental entity is limited to $1.4 million in any state fiscal year. z y.r f - 11: 16F2 [ H. Chapter 2019-153, Laws of Florida, provides "Tait the end of the term of the interlocal agreement,the ownership and title of all fire,rescue, and emergency equipment used at the fire station during the term of the interlocal agreement transfers to the state". I. The Fire District has authority to enter into this Agreement and undertake the Project defined below. In consideration of the mutual covenants, promises and representations herein, the Parties agree as follows: AGREEMENT 1. Recitals. The Recitals above are true and correct and are incorporated in this Agreement. 2. Purpose, Scope and Term of Agreement. This Agreement is entered into between the Parties in accordance with the provisions of Chapter 2019-153,Laws of Florida, to provide the terms under which the Fire District will use the Fire Station and receive the state financial assistance from the Department. The Project is defined as the operation of the Fire Station solely to provide fire, rescue, and emergency management services exclusively to the public on Alligator Alley, as more particularly described in Exhibit "A" to this Agreement. The term of this Agreement shall commence on the Effective Date and continue through June 30,2027, unless earlier terminated as provided below. 3. General Requirements. The Fire District shall perform the Project with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions of this Agreement and all applicable laws. The Department will not interfere with the day-to-day operations of the Fire District. The Department recognizes that the provision of advanced life support services, transport services, and medical flight services may be provided by the Fire District through a separate agreement between the Fire District and Collier County, or in accordance with an ordinance of Collier County. The Department also recognizes that, pursuant to existing mutual aid and closest unit response agreements, the Fire District has determined it is required to utilize its available resources to respond to emergencies that occur both on and off Alligator Alley. 4, Project Cost and Funding. a. The anticipated annual cost of the Project is One Million Five Hundred Fifty-Five Thousand Five Hundred Fifty-Five and 55/100 Dollars ($1,555,555.55) ("Total Project Funding").In any state fiscal year during the term of this Agreement in which the costs of the 2 j 4 16F2 Project exceed the Total Project Funding, the Fire District shall fund all costs of the Project in excess of such amount. b. The Total Project Funding is based upon the estimate for Fiscal Year 2019/2020 (July 1, 2019 to June 30, 2020) summarized in Exhibit "B" attached to and incorporated into this Agreement. Each budget category subtotal and individual line item costs contained in Exhibit "B" to this Agreement are only estimates. Shifts between budget categories and budget line items by the Fire District are acceptable and shall not require an amendment of this Agreement. c. In each state fiscal year during the term of this Agreement, the Fire District shall be responsible for ten percent (10%) of the Total Project Funding and the Department shall be responsible for ninety percent (90%) of the Total Project Funding, with the Department's responsibility limited to a maximum of One Million Four Hundred Thousand Dollars ($1,400,000) ("State Funding Contribution"). In accordance with Section 338.26(3)(a), Florida Statutes, the Department's obligation to pay the State Funding Contribution to the Fire District is limited in each state fiscal year to the amount of Alligator Alley tolls revenues remaining after payment of all other statutorily required items, including the costs of operation and maintenance of Alligator Alley and outstanding contractual obligations, including all amounts required to be paid under the terms of the resolution pursuant to which the Bonds are issued, as determined by the Department (the `Excess Toll Revenues"). Notwithstanding, the Department shall use good faith in determining whether Excess Toll Revenues are available to make the State Funding Contribution to the Fire District. The Fire District's performance under this Agreement is contingent upon payment of the State Funding Contribution by the Department to the Fire District. d. The Department shall reimburse the Fire District all documented and supportable expenses (Eligible Project Costs as defined in Section 6) associated with the Fire District's performance of the Project,up to the State Funding Contribution. To ensure compliance with Section 338.26(3)(a), the statutory requirement that the Fire District is responsible for ten percent (10%) of the Project costs, the Department shall pay ninety percent (90%) of each invoice submitted in accordance with Section 9. The Department recognizes the Fire District has determined it is not authorized by law to transfer assets to the Department that are paid for with Fire District tax revenues. To aid in administration of this Agreement and avoid potential legal issues with such a transfer, the Parties agree that for any invoice submitted in accordance with Section 9 that includes an expenditure for the Fire District's purchase of any fire, rescue, or emergency equipment, the Department shall pay one hundred percent(100%) of the approved cost of such equipment and the Fire District will be responsible for a higher percentage of another budget category expense included within that invoice, so that, to the extent possible, the cumulative allocation of funding of Eligible Project Costs included in each invoice is 90% Department and 10% Fire District. The Parties agree that if the allocation of funding results in one Party being responsible for a greater percentage of an individual invoice than provided in Section 4.c.,the share of funding provided by each Party will be adjusted in succeeding invoices for expenditures during the same State fiscal year, at 3 4 1 6 F2 the earliest opportunity,to ensure the overall required allocation of Total Project Funding is met for the State fiscal year. e. Notwithstanding Section 4.d. above, payments to the Fire District during any State fiscal year will be reconciled by the Department against the Excess Toll Revenues. 5. Submission ofProceedincs,Contracts and Other Documents. The Fire District shall submit to the Department such receipts, data, reports, records, contracts, and other documents relating to the Project as the Department may reasonably require. 5. Project Costs Participatiop and Eligibility. The Department's responsibility for its percentage of the Total Project Funding pursuant to this Agreement shall not, in any state fiscal year, exceed the lesser of the State Funding Contribution or the Excess Toll Revenues. Project costs eligible for the State Funding Contribution will be allowed only from the Effective Date of this Agreement through the date of termination or expiration of this Agreement ("Eligible Project Costs"). It is understood that the Department's annual responsibility for its percentage of Total Project Funding is subject to receipt of the Excess Toll Revenues and legislative approval of the Department's appropriation request in the adopted work program year that the Project is scheduled to be committed. The Department agrees that it will advocate to ensure that such appropriation is included in the adopted work program each year of this Agreement. 7. Deliverables,Performance Measures,and Financial Consequences. a. The Fire District shall provide the quantifiable, measurable and verifiable units of deliverables established in Exhibit "A". The Fire District shall meet the performance measures established in Exhibit "A" for each applicable service that is the subject of a specific invoice. Failure to meet the performance measures will result in imposition of the financial consequences identified in this section 7. Imposition of financial consequences shall not preclude enforcement by the Department of any of its other rights under this Agreement. b. If during the term of this Agreement, the Department reasonably determines that the Fire District has failed to meet one or more of the deliverables in accordance with the performance measures shown in "A" ("Unsatisfactory Performance"), the Department shall notify the Fire District in writing of the Unsatisfactory Performance. Within thirty (30) days after such notice from the Department, the Fire District shall provide the Department with a corrective action plan outlining how the Fire District will correct the Unsatisfactory Performance. If the corrective action plan is not timely provided or is not reasonably satisfactory to the Department,the Department shall retain from its reimbursement to the Fire District ten percent (10%) of the Eligible Project Costs invoiced by the Fire District for the then current billing period. The retainage shall be withheld until the Unsatisfactory Performance is corrected, if the Unsatisfactory Performance is corrected, the Fire District 4 i cA0 16F2 may bill the Department for the amount of the retainage. If the Unsatisfactory Performance is not corrected as required by this paragraph,the retained amount shall be forfeited by the Fire District and the State Funding Contribution for the applicable state fiscal year shall be reduced by such amount. Imposition of such financial consequences shall not relieve the Fire District of its obligation to continue to perform the Project, 8, Accounting Records. a. Establishment and Maintenance of Accounting Records. The Fire District shall establish for the Project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", 2 CFR Part 225, separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "Project accounts." Records of costs incurred under terms of this Agreement shall be maintained in the Project accounts and made available upon request to the Department at all times during the period of this Agreement and for five (5) years after final payment is made for the applicable state fiscal year.'Copies of these documents and records shall be furnished to the.Department upon request. Records of Project costs incurred include the Fire District's general accounting records and the Project records, together with supporting documents and records, of any contractor and all subcontractors performing work on the Project, and all other records of any contractor and subcontractors of the Fire District and all other records of the Fire District considered necessary by the Department for a proper audit of costs. If any litigation, claim, or audit is started before the expiration of the five(5)year period,the records shall be retained until all litigation,claims, or audit findings involving the records have been resolved. b. Costs Incurred for the Project. The Fire District shall charge to the Project accounts all Eligible Project Costs. c. Documentation of Project Costs. All costs charged to the Project, including any approved services contributed by the Fire District . or others,shall be supported,as applicable,by properly executed payrolls,time records,invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. The uniform Contract Payment Requirements of the Department of Financial Services are included in Exhibit "C." Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five (5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Fire District's general accounting records and the Project records, together with supporting documents and records, of any contractor and all subcontractors performing work on the project, and all other records of any contractor and subcontractors considered necessary by the Department for a proper audit of costs. Any discrepancies revealed by any such audit shall be resolved by a corrected final billing from the Fire District to the Department. 5 16F2 d. Checks Orders, and Vouchers. Any check or order drawn by the Fire District with respect to any item that is or will be chargeable against the Project accounts will be drawn only in accordance with a properly signed voucher then on file in the office of the Fire District stating in proper detail the purpose for which such check or order is drawn, All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 9. Invoices. In order to obtain any of the State Funding Contribution, the Fire District shall file a written request for reimbursement with the Department's grant manager, Jamie Schley, on a quarterly basis for costs incurred on the Project. Payments pursuant to this Agreement will be made for actual costs incurred as of the date of the invoice. Payment to the Fire District shall be made only after receipt and approval of goods and services. Payment requests shall be submitted electronically in detail sufficient for a proper pre-audit and post-audit thereof, based on the quantifiable, measurable and verifiable units of services and deliverables in Exhibit "A". Payment requests shall be accompanied by an invoice and itemized expenditure report acceptable to the Department. Payment requests, which shall demonstrate the associated services and deliverables have been performed, must be received and accepted in writing by the Department's grant manager prior to payments to the Fire District. Travel costs will not be reimbursed. Supporting documentation must establish that the deliverables were received and accepted in writing by the Fire District and that the required minimum level of service to be performed based on the criteria for evaluating successful completion, as specified in Exhibit "A", have been met. The Fire District must submit its final invoice for each state fiscal year during the term of this Agreement within 120 days after the end of the state fiscal year. The Fire District must also submit its final invoice to the Department within 120 days after the end of the term or earlier termination of this Agreement. Eligible Project Costs incurred by the Fire District prior to the end of the term or earlier termination of this Agreement and invoiced within such 120 day period will be reimbursed by the Department in accordance with the terms of this Agreement. 10. Audits. The administration of the State resources awarded through the Department to the Fire District by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general,the State of Florida Auditor General,or any other state official. The Fire District shall comply with all audit and audit reporting requirements as specified below, Ili 6 16F2 a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Fire District's use of state financial assistance may include but not be limited to on- site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Fire District agrees to comply and cooperate fully with any monitoring procedures/processes deemed reasonably appropriate by the Department. The Fire District further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS)or State of Florida Auditor General. b. The Fire District, a nonstate entity as defined by Section 215.97, Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement, is subject to the following requirements: i. In the event the Fire District meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Fire District must have a State single or project- specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit D to this Agreement indicates state financial assistance awarded through the Department by this Agreement needed by the Fire District to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Fire District shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Fire District shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes.This includes submission of a financial reporting package as defined by Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General. iii, In the event the Fire District does not meet the audit threshold requirements established by Section 215.97, Florida Statutes,the Fire District is exempt for such fiscal year from the state single audit requirements of Section 215.97,' Florida Statutes. However, the Fire District must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.flus no later than nine months after the end of the Fire District's audit period for each applicable audit year. In the event the Fire District does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from 7 16F2 . � the Fire District's resources (i.e., the cost of such an audit must he paid from the Fire District's resources obtained from other than State entities). iv. in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee,Florida 32399-0405 FDOTSingleAudit@dot.state.fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street,Room 401 Tallahassee, FL 32399-1450 Email: flaudgen_localgovt@aud.state.fi.us v. Any copies of financial reporting packages, reports or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General,as applicable. vi. The Fire District,when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Fire District in correspondence accompanying the reporting package. vii. Upon receipt, and within six (6) months, the Department will review the Fire District's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Fire District fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance,the Fire District shall permit the Department, or its designee, DFS or the Auditor General access to the Fire District's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. 8 1 6F2 c. The Fire District shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, DFS or State of Florida Auditor General access to such records upon request. The Fire District shall ensure that the audit working papers are made available to the Department, or its designee, DFS or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. d. The Fire District shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books,records and accounts pertaining to the financing and development of the Project. 11, Insurance. The Fire District shall provide and maintain a Commercial General Liability insurance policy of not less than One Million and 00/100 Dollars ($1,000,000.00), combined single limits while occupying the Fire Station. In addition, the Fire District shall provide and maintain Worker's Compensation Insurance covering all its employees working at the Fire Station in amounts consistent with the existing statutory limits in compliance with the applicable state and federal laws. The Fire District shall also maintain standard fire and extended coverage insurance on its property located on or in the Fire Station including, without limitation, furniture, equipment, personal property and supplies, in an amount not less than the then-existing full replacement value. The Fire District shall maintain Business Automobile Liability Insurance, and Business Boat Liability Insurance, for automobiles and boats used by the Fire District in the course of its performance under duties at the Fire Station, each said policy in amounts of One Million and 00/100,Dollars ($1,000,000.00) combined single limit per occurrence. Notwithstanding, in accordance with Section 768.28, Florida Statutes, the Fire District shall not be deemed to have waived any defense of sovereign immunity or to have increased the limits of its liability as a result of its obtaining the insurance coverage required by this section. 12. Property Acquisition. a. This Agreement does not include Department participation in the cost of acquisition of real property. b. In accordance with Chapter 2019-153, Laws of Florida, at the end of the term of this Agreement, the ownership and title of all fire, rescue, and emergency management equipment used at the Fire Station during the term of this Agreement that were purchased with the State Funding Contribution after the Effective Date transfers to the Department, The Department acknowledges that certain fire, rescue, and emergency management equipment is expended or used during the provision of services, such as medical supplies, and will not be available for transfer to the Department. 9 16F2 c. If the Fire District disposes of any Project facility or equipment that were purchased with the State Funding Contribution after the Effective Date, during its useful life for any purpose except its replacement with like facility or equipment for the purposes of the Project, the Fire District will comply with the terms of applicable laws, rules, and regulations relating to property management standards. The Fire District agrees to remit to the Department a proportional amount of the proceeds from the disposal of such facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. The Fire District must remit said proportional amount to the Department within one(1)year after the official date of disposal. 13. Procurement of Property and Services: a. Compliance with Consultants'Competitive Negotiation Act, Itis understood and agreed by the Parties to this Agreement that participation by the Department in any portion of the Project involving a consultant contract for engineering, architecture, or surveying services, is contingent on the Fire District complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act, the federal Brooks Act, 23 CFR 172, and 23 U.S.C. 112. If the Fire District enters into such a contract for performance of the Project, the Fire District's attorney shall certify to the Department that selection has been accomplished in compliance with Section 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act and the federal Brooks Act. b. Procurement of Commodities or Contractual Services. It is understood and agreed by the Parties hereto that participation by the Department in the Project involving the purchase of commodities or contractual services or the purchasing of capital equipment or the constructing and equipping of facilities, which includes engineering, design, and/or construction activities,where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes, is contingent on the Fire District complying in full with the provisions of Section 287.057, Florida Statutes. The Fire District's attorney shall certify to the Department that the purchase of commodities or contractual services has been accomplished in compliance with Section 287.057, Florida Statutes, It shall be the sole responsibility of the Fire District to ensure that any obligations made in accordance with this section comply with the current threshold limits. c. Procurement of Construction Services, If any portion of the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project fifty percent (50%)or more of the cost of the Project is to be paid from state-appropriated funds,then the Fire District must comply with the requirements of Section 255.099(1),Florida Statutes. 14. Compliance with Laws. 10 • \'7 16F2 a. The Fire District shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119,Florida Statutes, and made or received by the Fire District in conjunction with this Agreement. Failure by the Fire District to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. The Fire District shall comply with the provisions of Section 119.0701, Florida Statutes. b. The Fire District shall comply with all federal, state, and local laws and ordinances applicable to the work or payment for work thereof. The Fire District shall not discriminate on the grounds of race, color,religion, sex, or national origin in the performance of work under this Agreement. c. No funds received pursuant to this Agreement may be expended for lobbying the Legislature,the judicial branch, or a state agency. d. The Fire District and the Department agree that the Fire District, its employees, and subcontractors are not agents of the Department as a result of this Agreement. e. The Fire District should be aware of the following time frames. The Department has twenty(20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty(20) days are measured from the later o#'the date the invoice is received or the date the goods or services are received, inspected, and approved. Approval and inspection of goods or services shall take no longer than twenty(20) days following the receipt of a complete and accurate invoice. If a payment is not available within forty(40) days, then a separate interest penalty at a rate established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Fire District. The forty (40) days are measured from the later of the date the invoice is received or the date the goods or services are received, inspected, and approved. Interest penalties of less than one(1) dollar will not be enforced unless the Fire District requests payment. Invoices that are returned to the Fire District because of Fire District preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within DFS. The duties of this individual include acting as an advocate for agencies who may be experiencing problems in obtaining timely payment(s)from the Department.The Vendor Ombudsman may be contacted at•(850)413-5516. In the event this Agreement is for services in excess of$25,000.00 and a term for a period of more than one (1) year, the provisions of Section 339.135(6)(a), F.S., are incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability,or enter into any contract which,by its terms,involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract,verbal or written,made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that such funds 11 1 6 F 2 are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of$25,000.00 and which have a term for a period of more than 1 year." g. The Department's obligation to pay is contingent upon an annual appropriation by the Florida Legislature. The Parties agree that in the event funds are not appropriated to the Department for the Project,this Agreement may be terminated. The Department will include the State Funding Commitment in its legislative budget request for each year during the term of this Agreement. h. The Parties agree to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20,055(5),Florida Statutes. i. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six.(36) months from the date of being placed on the convicted vendor list. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 15. Indemnification. Each Party shall be liable for its own actions and negligence and, to the extent permitted by law, the Fire District shall indemnify, defend and hold harmless the Department against any actions, claims and damages arising out of Fire District's negligence in its performance of this Agreement, and the Department shall indemnify, defend and hold harmless the Fire District against any actions,claims, or damages arising out of the Department's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver by either Party of its sovereign immunity beyond the limits set forth in Section 768,28, Florida Statutes, nor shall the same be construed to constitute agreement by either Party to indemnify the other Party for such other Party's negligent acts or omissions. 12 { 1 6 F 2 16. Default and Termination. This Agreement shall remain in effect until terminated as follows: a. If either Party fails to fulfill its obligations under this Agreement in a timely and satisfactory manner, or if either Party breaches any of the provisions, covenants or stipulations under this Agreement,the other Party shall give a written notice to the Party in default stating the failure or breach and provide a reasonable time period for correction of same. In the event the correction is not made in the allotted time, the other Party shall send a notice of intent to terminate, effective no earlier than ninety (90) days. Within thirty (30) days of the notice of intent to terminate,each Parry's designated representatives shall meet to resolve the dispute, b. The performance of any and all provisions of this Agreement by the Fire District and the Department are expressly conditioned upon the availability of funds lawfully collected, appropriated and budgeted by the Department. c. This Agreement shall remain in effect until affirmatively terminated by either or both Parties to the Agreement with ninety (90) days written notice. If the Fire District or the Department terminates the Agreement, each Party agrees to negotiate in good faith to establish a successor method to provide fire,rescue and emergency management services at the Fire Station to serve the public on Alligator Alley. 17. Dispute Resolution. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the Parties, the Parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of the Department and Fire District staff persons who would make the presentation of any settlement reached during negotiations to their respective agencies for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the Parties arising out of this Agreement,the Parties shall attempt to resolve the dispute through mediation before an agreed- upon mediator, of one remedy shall not be deemed a waiver of the right to exercise, at the same time or thereafter, of any other remedy. The Parties' remedies as set forth in the Agreement are not exclusive and are in addition to any other rights and remedies in law or in equity. 18. Miscellaneous Provisions. a. In no event shall any payment by the Department to the Fire District constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Fire District, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13 sj 16F2 b. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. Any provision in this Agreement determined by a court of competent jurisdiction, or any other legally constituted body having jurisdiction, to be invalid or unenforceable shall be severable and the remainder of this Agreement shall remain in full force and effect, provided that the invalidated or unenforceable provision is not material to the intended operation of this Agreement. Venue for any action arising under this Agreement shall be in Collier County, Florida. c. This Agreement shall be effective upon the Effective Date and shall continue in effect and be binding on the Parties until June 30,2027. d. The Department and the Fire District acknowledge and agree to the following: i. The Fire District shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Fire District during the term of this Agreement;and ii. The Fire District shall expressly require any consultants and subconsultants performing work or providing services pursuant to this Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the consultant/subconsultant during the term of this Agreement. e. No waiver of any breach of this Agreement by any of the Parties shall be held to be a waiver of any subsequent breach. Failure of any Party to enforce any of the provisions of this Agreement, or to require performance of any of the provisions herein, shall in no way be construed to be a waiver of such conditions,nor in any way effect the validity of this Agreement or any part thereof,or the right of any Party to enforce each and every such provision. £ Nothing in this Agreement shall impair a Party's right to seek injunctive relief from the Court if immediate and irreparable injury, loss or damage to any rights arising from this Agreement will occur. g. This Agreement is solely for the benefit of the Parties to this Agreement and no third party shall be entitled to claim or enforce any rights under this Agreement. h. All notices or other communications shall be deemed sufficient if made in writing and delivered either by electronic mail or by first-class mail, postage prepaid,to each Party at its respective address set forth below, or such other address as such Party may designate to the others in writing: Fire District: Greater Naples Fire Rescue District Fire Chief 14575 Collier Boulevard Naples, Florida 34119 14 C:'lf? 16F2 ;., Department: Florida Department of Transportation District One Secretary 801 North Broadway Avenue Bartow,Florida 33830 • Notices sent by mail shall he deemed given when properly mailed, and the postmark affixed by the United States Post Office shall be conclusive evidence. i. This Agreement and its attached exhibits, together with the Airspace Agreement, embody the entire Agreement between the Fire District and the Department. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind the Parties hereto, except for the Airspace Agreement, attached as Exhibit"E". j, No modification or change to the Agreement shall be valid or binding upon the Parties unless in writing and executed by the Party or Parties intended to be bound by it, k. This Agreement may be executed in counterparts and in duplicate originals. • • i 15 16F2 IN WITNESS WHEREOF, the Department and the Fire District have executed this Agreement effective as of July 1, 2019. STATE OF FLORIDA, GREATER NAPLES FIRE DEPARTMENT OF TRANSPORTATION RESCUE DISTRICT By: .7"',1.-74-1 By: . Legal Review(Department) Legal Review(Fire District) � J { 1 16 16F2 EXHIBIT A PROJECT SCOPE, SERVICES AND DELIVERABLES AND PERFORMANCE MEASURES This exhibit forms an integral part of the July 1, 2019, Interlocal Agreement between the State of Florida,Department of Transportation,and the Greater Naples Fire Rescue District. PROJECT LOCATION: Alligator Alley Fire Station, Alligator Alley Mile Marker 63 Rest Area PROJECT DELIVERABLES AND PERFORMANCE MEASURES: The Fire District shall operate the Fire Station to provide fire, rescue, and emergency management services exclusively to the public on Alligator Alley, including the Mile Marker 63 Rest Area. In utilizing the Fire Station, the Fire District shall, consistent with the standard of response and care of emergency response and fire prevention services provided within Collier County, Florida: A. Provide fire and rescues services exclusively to the public on Alligator Alley and at the Department's Mile Marker 63 Rest Area in support of fire protection, rescue, emergency management, including but not limited to vehicle accidents, hazardous materials response, vehicle extrication, dive-rescue support, car fire, wildfire and wildland firefighting, water searches, and basic emergency medical care. B. Hire, train, and employ sufficient staff, as solely determined by the Fire District, to ensure its ability to perform the Project. C. Procure, maintain, and replace all fire trucks, rescue vehicles, support vehicles, and other emergency response assets, supplies, disposable items and safety resources determined necessary solely by the Fire District to perform the Project. Such items may include but are not limited to: hose, nozzles, protective clothing, uniforms, emergency lighting, firefighting foam, two-way radios,mobile and Fire Station computers,off-road vehicles, support vehicles, supply trailers for major responses, water rescue resources, land rescue resources, gps devices, furniture, fixtures and equipment, including but not limited to, computer monitors, televisions, telephones, data, l cable, aircraft grade weather instrumentation, and satellite communication devices at the Fire I Station. D. Provide reasonable accommodations for satellite office space and emergency shelter for Florida Highway Patrol Officers, Collier County Sheriff's Officers, Department staff and State Road Rangers. 17 � 6F2 E. Provide an 800 MHz Radio System and manage telecommunications and computing needs unless voice and data infra-structure resources are offered as an integrated component of the Fire Station. F. Provide supplementary support services from other public fire agencies through existing or future mutual aid agreements, as necessary to fulfill its obligations under this Agreement consistent with normal fire operations. G. Provide emergency medical services personnel, either through a contract or its own personnel, to supply, at a minimum, one (1) fully trained advanced life support paramedic per shift capable of supporting on-scene emergency medical care as well as being part of any necessary firefighting team, The assigned paramedic will be fully equipped with a complement of drugs,automated external defibrillator, and basic fire and rescue resources. H. The Fire District may coordinate with Collier County EMS to provide additional personnel for an on-site transport crew and ambulance at the Fire Station. Instances where such a need may arise include but are not limited to elevated threats for fire emergencies, hurricane evacuation, nuclear power plant evacuations, Governor mandated interstate contra-flow and/or escalated homeland security concerns. The Fire District may coordinate with Collier County EMS to provide its aero-medical flight services and transport charges in accordance with its current operating manual, weather minimums and Federal Aviation Administration protocols and guidance, { 18 ..'iJ 1 6 F2 1 _ — EXHIBIT 8 PROJECT BUDGET , l BUDGET BUDGET BUDGET 1034 Max Reimbursable FDOT MM63 FIRE STATION BUDGET ITEMS ITEM NO. FISCAL YEAR 18/19 FISCAL YEAR 19/20 from FOOT Contrail 74-18 TO 6-30-19 7.1-19 TO 630.20 Contribution 1.4 million OPERATIONS AND MAINTENANCE y Labor PARAMEDICS 1 415,000.00 423,300.00 42,330.00 380,970,00 Labor FIRE FIGHTERS&AdminlstratfveSupport 2 870,000,00 915,000.00 91,500.00 823,500.00 COMM MUNICATIONS-Phones,Internet,Cellular 3 27,000.00 27,000.00 2,700.00 24,300.00 BUILDING MAINT(Including contractual:pest control,extinguishers, ,security&buildingrepairs) 4 10,000,03 18,750,00 1,875.00 26,875.00 FUEL 5 27,000.00 21,000.00' 2,100.00— 18,900.00 OPERATING SUPPLIES(Expendable Items<1 year shelf life-Fire Fighting &medical supplies) 6 24,000,00 24,000.00 2,400.00 21,600.00 INSURANCE(8uikling contents and vehicles) 7 30,000.00 15,000.00 1,500.00 13,500.00 UTILITIES(electric,water) 8 12,000.00 16,000.00 1,600.00 14,4000.00 MAINTENANCE/REPAIR-VEHICLE/SMALL EQUIPTMENT/MEDICAL 9 60,000.00 35,000.00 8,500.00 31,50000 OFFICE SUPPUES (Expendable Items<1 year shelf life-paper,Ink,act) 10 3,500.00 2,505.00 250.50 2,254.50 'M ithi5IAtI FT)Ui'i'LR. (Expendable Items c 1 year shelf life-station&cleaning supplies) 11 4,735A9 13,500,00 1,350.00 12,150,00 i UNIFORM CLOTHING,ACCESSORIES,PPE&SAFTEYEQ 12 17,000.00 9,800,00 950.00 8,550.00 1 EQUIPMENT REPLACEMENT(Shelf life>1 year-Includes FF equIpment, radios and IT a.npmam) 13 40,000.00 25,000.00 2,500.00 22,500.00 EMS MEDICAL EQUIPMENT (Shelf life>1 year)-New Equipment and Warranty 14 20,000.00 10,000.00 2,000.00 9,000.00 TOTAL 1,560,235.49 1,555,555.00 155,555.50 1,399,999.50 mm63 budget 2019-2020 TLB 7/18/2019 DRAFT TLB 7/23/2019 V2 Draft Approved BOFC 8/13/2019 affirmative vote 5-0 1 I 19 1 6 F2 EXHIBIT C CONTRACT PAYMENT REQUIREMENTS Florida Department of Financial Services,Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks.Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable(pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee(e.g.,insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits,then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits, (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017,Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes,for subsequent transfer to the State. 20 16F2 (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate,then the calculation should be shown. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address http://www.fidfs.com/aadir/reference mide,htm. • ( ( I ' I { 21 16F2 EXHIBIT D STATE FINANCIAL ASSISTANCE(FLORIDA SINGLE AUDIT ACT) STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97,FLORIDA STATUTES: Awarding Agency: Florida Department of Transportation CSFA Title: ALLIGATOR ALLEY MILE MARKER 63 FIRE STATION CSFA Number: 55,036 *Award Amount: $1,400,000 *The state award amount may change with supplemental agreements Specific project information for CSFA Number 55.036 is provided at:ht:os://a:n,s.fldfs.com/fsaa/searchCatalo .aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55,036 are provided at: https://anps.fldfs.comffsaa/searohComlil lance.aspx The State Projects Compliance Supplement is provided at;hugs://apes.fldfs.com/fsaa/compliance.aspx 22 1 6 F 2 Dnciisign FnvPiope ID:217FC788-2613.4124-8C47-EF331 E18268E SECOND AMENDMENT OF INTERLOCAL AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION AND GREATER NAPLES FIRE RESCUE DISTRICT This Second Amendment of the Interlocal Agreement("Amendment")is by and between the Greater Naples Fire Rescue District, an independent special district of the State of Florida created under Chapter 2014-240, Laws of Florida(the "Fire District") and the State of Florida, Department of Transportation (the "Department") (collectively, the "Parties" and each a "Party"). This Second Amendment is effective on the last date signed. RECITALS WHEREAS, Pursuant to Section 338.26(3),Florida Statutes,Collier County("County") and the Department previously entered into an interlocal agreement(along with an incorporated Airspace Agreement) effective May 9, 2014 (and as subsequently amended, the "Original Interlocal Agreement")to develop and operate a fire station at the Department's Mile Marker 63 Rest Area("the Fire Station")on Alligator Alley in Collier County, Florida, and WHEREAS, In accordance with the Original Interlocal Agreement, the Department constructed the Fire Station. Subsequently, the County assigned, and the Fire District assumed, the County's rights and obligations under the Original Interlocal Agreement.The Fire District is currently operating the Fire Station and providing fire, rescue and emergency management services to the public on Alligator Alley,and WHEREAS, Chapter 2019-153, Laws of Florida, amended the provisions of Section 338.26(3), Florida Statutes, governing funding and operation of the Fire Station. Pursuant Chapter 2019-153,effective July I,2019,through no later than June 30,2024,the parties entered into a second interlocal agreement(Interlocal Agreement)to use Alligator Alley toll revenues to reimburse the Fire District for direct actual costs of operating the Fire Station;providing that the Fuse District must contn'hute ten percent(10%) of the direct actual operating costs of operating the Fire Station, and providing for the transfer of ownership and title of all fire, rescue, and emergency equipment to the state at the end of the term of the Interlocal Agreement,and WHEREAS, Chapters 2024-57 and 2024-173, Laws of Florida, further amended the provisions of Section 338.26(3), Florida Statues, governing the funding and operation of the Fire Station,providing that the 2019 Interlocal Agreement related to Alligator Alley toll road shall control the funding and operation of the Fire Station until the parties enter into a new agreement or agree to extend the Interlocal Agreement; limiting the amount of reimbursement for the 2024-2025 fiscal year to Two Million Dollars and 00/100($2,000,000.00);requiring the local governmental entity to contribute ten percent (10%) of the direct actual operating costs of operating the Fire Station; requiring the Fire District to provide a maintenance and operations comprehensive plan to the Department by December 1,2024 and every five years thereafter; requiring the Fire District and the Department to review and adopt the comprehensive plan as part of the interlocal agreement; requiring the Department, in accordance with annual toll projections,to include the funding needs identified in the comprehensive plan into its work program; requiring the Fire District to include said funding needs in the comprehensive plan and appropriate fiscal year budget, and requiring that the ownership and title of i 1 ;i 16F2 Docusign Envelope ID:217FC786-2613-4124-6C47-EF33I El B26BE fire, rescue and emergency equipment purchased with state funds and used at the Fire Station shall transfer to the state at the end of the term of the Interlocal Agreement, and WHEREAS, The parties executed a First Amendment to the Interlocal Agreement to codify the statutory requirement to increase the amount of reimbursement to the local governmental entity for the 2024-2025 fiscal year to Two Million Dollars and 00/100 ($2,000,000.00),and WHEREAS, The statutorily required five-year comprehensive plan has not been reviewed and adopted by the parties prior to the start of the 2025-2026 fiscal year,and the Parties agree that a Second Amendment to the Interlocal Agreement that provides for funding during the 2025-2026 fiscal year is appropriate while the comprehensive plan and a new interlocal agreement are finalized,and WHEREAS,The local governmental entity receiving Department funding under Section 338.26(3), Florida Statutes, is required to use the Fire Station to provide fire, rescue, and emergency management services exclusively to the public on Alligator Alley,and WHEREAS, The Fire District has authority to enter into this Agreement and undertake the Project defined in the Interlocal Agreement. In consideration of the mutual covenants,promises and representations herein,the Parties agree as follows: AQREEMENT 1. Recitals. The Recitals above are true and correct and are incorporated into this second Amendment, 2. Purpose. The purpose of this amendment is to provide the maximum amount of reimbursement to the Fire District to Two Million Dollars and 00/100 ($2,000,000.00) for the 2025-2026 fiscal year while the parties finalize the comprehensive plan and the new interlocal agreement. 3. Section 4.a. on page 2 of the Interlocal Agreement is deleted and replaced in full by the following: a. The anticipated. annual cost of the Project is One Million Five Hundred Fifty-Five Thousand Five Hundred Fifty-Five and 55/100 Dollars ($1,555,555.55), except for the 2024-2025 fiscal year,the anticipated annual cost is Two Million Two Hundred Twenty Two and 22/100 ($2,222,222.22), and for the 2025-2026 fiscal year, the anticipated annual cost is Two Million Two Hundred Twenty-Two and 22/100($2,222,222.22)("Total Project Funding"). In any state fiscal year during the term of this Agreement in which the costs of the Project exceed the Total Project Funding, the Fire District shall fund all costs of the Project in excess of such amount. 2 1`.. I 16F2 . Docusign Envelope ID:217FC785-2813.4124.8C47-EF331E18260E 4, Section 4.h. on page 3 of the Interlocal Agreement is deleted and replaced with the following: b. The Total Project Funding is based upon the estimate for the 2025-2026 fiscal year(July 1, 2025 to June 30,2026) summarized in Exhibit"B"attached to and incorporated into this Agreement. Each budget category subtotal and individual line-item costs contained in Exhibit "B" to this Agreement are only estimates.Shifts between budget categories and budget line items by the Fire District are acceptable and shall not require an amendment of this Agreement. 5. Section 4.c. on page 3 of the Interlocal Agreement will be deleted and replaced with the following: c. In each state fiscal year during the term of this Agreement, the Fire District must contribute ten percent (10%) of the Total Project Funding and the Department shall be responsible for a maximum of ninety percent (90%) of the Total Project Funding, with the Department's responsibility limited to a maximum of One Million Four Hundred Thousand Dollars ($1,400,000), except for the 2024-2025 fiscal year, the Department's responsibility is limited to a maximum of Two Million Dollars and 00/100 ($2,000,000.00) and for the 2025-2026 fiscal year, the Department's responsibility is limited to a maximum of Two Million Dollars and 00/100($2,000,000.00)("State Funding Contribution"). In accordance with Section 338.26(3)(a), Florida Statutes, the Department's obligation to pay the State Funding Contribution to the Fire District is limited in each state fiscal year to the amount of Alligator Alley tolls revenues remaining after payment of all other statutorily required items, including the costs of operation and maintenance of Alligator Alley and outstanding contractual obligations, including all amounts required to be paid under the terms of the resolution pursuant to which the Bonds are issued, as determined by the Department (the "Excess Toil Revenues"). Notwithstanding, the Department shall use good faith in determining whether Excess Toll Revenues are available to make the State Funding Contribution to the Fire District. The Fire District's performance under this Agreement is contingent upon payment of the State Funding Contribution by the Department to the Fire District. 6, Exhibit B of the Interlocal Agreement is deleted and replaced with a new Exhibit B attached to this Amendment. 7. Consistent with Exhibit A,paragraph (h)of the Interlocal Agreement,the parties agree that the Fire District may enter into an Interagency Agreement with Collier County to accommodate the placement of a Collier County EMS ambulance at the Fire Station as long as such agreement includes a provision that requires Collier County to meet the insurance requirements provided for in Section 11 of the Interlocal Agreement. 8. Full force and Effect.The sections not mentioned in this Amendment and the remainder of the Interlocal Agreement shall remain in full force and effect as written. 3 Docusign Envelope ID'217FC788-2813-4124-8C47-EF331El8268E 9. Counterparts: Emails Signatures, The Second Amendment may be executed in any number of counterparts, each of which shall be considered an original, and all such counterparts shall constitute one amendment. To facilitate execution of the Second Amendment, the Department and Greater Naples may execute and exchange by email as a portable document format or other electronic imaging,counterparts of the signature page,which shall be deemed original signatures for all purposes. IN WITNESS WHEREOF, the Parties have executed this Second Amendment on the dates below. os GREATER NAPLES FIRE RESCUE STATE OF FLORIDA, Q09 DISTRICT DEPARTMENT OF TRANSPORTATION Signed by. Signature: J r � Signatu �S n . *'. A6968 C39AOd1b Printed Name:Nick Biondo Printed Name: ames DrJggers, P.E. Title: Chairman Title; Interim District Secretary Date: 7/2,S72 Date executed by Department: August 7, 2025 Legal Review(Department) i b�oo/u((""ss�igg/"��ned by; Mdctx �.1 • 1 6F2 { O N 0 0 00 00 OD O C) CD CD O CI y V C. M p Op O O ,t) q CD (p 0 0 0 tt) O O g dSg Sr Oo to O o O cI C7 O 2 CD_CD O O v, C) fD S A V m N cos QS r ap ai ti S C M COS E Q r N G a u.a � .c C 00)) 00 0 0O t) 0 O 0 0 40 NM. d E i O O OO O O O h C? o; t7 co O d cV b +` O qq tt) O IL) 0 (D 0 yy� U `e .. •'0 CO , O r O to Q. OD C. 2 O O (V r N d r M �+ .� o N O O .'°td o a 0 0 0 CD 0 0 co o a a o oN 0o41 re o N o a o o a o al o a 0 o o q d do o o o O o O If) S D a o o�o s d E y . ›- N " N W O N w' N �' CC cc; 8 24 0 h (� pNp N N O CA tO r N M m 0 cr N M ct In CD I� CD Q)CI 31 r a- N el ram^~ t `. A co N C N ,.. c a y N c 0 w ›. C w L1. Ic7Udi E1 g ._ ca. a A ? R. C li W D c O 'ro a) >i -o V 04 N t11 y O O Z z c ro E c t :t O 2 2 a. w c .c . r c) c U = co u) a) 8, W 5' a W. E@ g C n. m 'n E o t� C ,K Q c . a) rn CO (wj Z i^ .E• p �V CO Z 3 aS n i w `. U wg N w wm mg. ay cn $ a^". ¢ W �. gw o 3 .0 �` � Cam, J (,)1a � ar d Q C " 4.. ❑ p ; ac a �HI m v! v Z C7 EK OI C . a z wz . " Nw dz }- 4 a, Q 'y V f- �h { .0 8 e Li_N 1... ° a .0 '' zco2tuAO c1 w � c a, � � .� u► ® - o a I - 0 sif § E � U1 1>GG . o a � 192 a � 't 1 i o a Q -Dog naL Ezg ' LLut Z 20017052 � o '> " �, o � 9Umm`wd �, as _ � �io — Eg �, mww . Ew ..F. �¢ L w rn N . _ ', 16F' 2 EXHIBIT B I _ e., _A,1 Y p ., , , ct '- ,..... ,.§!.1 &T., 1,-) ,..t. a tiE 1 I n 1 a" ) X. o o ski C iwi I. 1 t 7 I,`1 _� q ' 3-.IFi' )' • eta n# $ -- . 1^ II \ . ,, 4 d ; a 2 J \\ ( �. t ij \ F -(• O e 1 ' i c a ek• . ,51,E II I, ;III w_ Lp 4 1.,-., 4.--\ P.- t.1/.1 i NM 11' •°� 1 . . rc i RRR111K i ..Ja i..t�31=��/�jTJ�J— r 41 , !I id I L..,...,.,1-> •, :-.) T /�--y�4 '-"' ;-.-,. . i' �' C C. ..vi =' ----- �1-.._. ->t J f�.'�r- 751,, 0 RCN (�i�l � i.& u .A. . ' r I 1 _1 ;LI .iJ s"21 , i I., T .' 1� t I ; trl 1 -rtinA0.m 1-.ti:....�... — I...h5,tY4 :mow"...w,,,,Y, i>,... } I --tom .. .. ... 1 6 F 2 EXHIBIT B Designated Ambulance Area i. . , _. \ 4111 P . - • $ ' „7.110 • , 01116 RIM-SW110..Cee Iv' , • . .e.• Ilkir 4 ' a• . 1