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Section KK Section K Alligator Alley Mile Marker 63 Agreement 1T Office of the County Attorney Jetlie,v A. Klatzkorv l)cptrlr, ('oturtr .\ttorna\ . S<:ott R.'l'c:trrh tlunaging.\ssiriarttCount\.\tl(,rnc1 .l{r'idi Ir.,\slttott Cieku' 'tr...,,,:trrr:rlrri(,rr i,,,nr,r,,Jl.(,i r,,\.',!,"ri,, 1,.' rLisistrnt Count\ ,\tt()n1crs . Collt.crr 11. (irccnr: Ker in l-. Norll f,nrilr R. l>t'pttt Scott \. Stol)(- ,Jcnnalt'r t]. \\ hitt' April 9,2014 Erik R. Fenniman Chiet Contracts and Real Property Florida Department of 'fransportation 605 Suwannee Street, M.S, 58 '[allahassee, Florida 32399-045 8 Alligator Alley Mite Marker 63 Public Safety Station / Executed Interlocal Agreement and Airspace Agreement between Dear Erik: On April 8, 2014, the Board of County Commissionerc approved the execution of the Interlocal and Airspace Agreements pertaining to the Alligator Alley Mile Marker 63 Public Safety Station. I am attaching hereto three originally signed copies of the Interlocal Agreement and the Airspace Agreement for you to arrange countersignatures with the appropriate FDOT staff. We have left the Agreements undated for FDOT to date and to return one each to our attention so that we can record those agreements with the Clerk of Court. I want to thank you again for your assistance in working through this item and promoting a mutually agreeable resolution. Should you have any questions regarding this matter, please let me know. Scott R. Teach Deputy County Attorney SRT/ Enclosures: Interlocal Agreement, Airspace Agreement A Re: 3z9c; [.'.:rst'furniami I riril. Suite fJ()(J . Nir[)lus t"lrrrirla 1.;-1tt:t-57.1.) . (139):t5::'8"1tlo ' l'--\\: ('-]:l()l 2iJ:.1"6'l()(.) Dwight E. Brock Clerk of Courts t,.-- \';€eqnfy of Collier CLERK OF U RT COLLIE 3315 TA I lA Clerk of Courts Accountant Auditor Custodian of County Funds P,O. BOX 413044 n NAPLES, FLO R tDA l4{Or<OO4 !!tf : Y-,'f April I 1, 2014 Florida Dcpaftment of 'Iransportation Chie{, Contracts and Real PropertY Attn: Erik ll. Fenniman 605 Suwannee Street, M.S. 58 'fallahassee, Florida 32399-0458 Ilc: Ilcsolution 201 4-Tlllnterloca! Agrccmcnt & Airspacc Agrcsment- Alligator AIIcy Milc Markcr 63 Public Snl'cty Station 'fransr-nitterl herervith are (3) thrcc originals to be fully executed by your office, oltfte above reIerenccd clocurnents, as adopted by the Collier County Board of Coglty Conrrnissioners of Collier Clotrnty, I;lorida on'l'ucsday, April 8, 2014' cl u ring ltcgular Session. Vcry trr.rly yoLlrs! DWIGIIl' E, BI{OC]K, CI-IJITK Martha Vergat'a, Dc Clcrk [:rrclosure Phone - (239) 252-2646 Website - www.collierclerk.com Fax - (239) 2s2-27s5 Email - collierclerk@collierclerk.com 114 EXHIBIT D. RBSOLUTION OF COUNTY RESOLUTION 2OI4-71 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, AUTHORIZING ITS CHAIRMAN TO EXECUTE AN INTERLOCAL AGREEMENT AND AN AIRSPACE AGREEMBNT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") PROVIDING FOR THE LEASE OF A I-IITE STATION FROM THE FDOT AT MILE MARKER 63 ON ALLIGATOR ALLEY IN COLLIER COUNTY, FLORIDA. WI{EREAS, the Board of County Commissioners of Collier County, Florida, finds it is in the public's interest to enter into an Interlocal Agreemenl and an Airspace Agreement with the Florida Department of Transportation allowing tbr the lease of a fire station located at the mile marker 63 rest area on Alligator Alley in Collier County, Florida to allow emergency vehicles to provide a faster emergency response time 1o the publio; and WHERBAS. the property to be leased to Collier County under the Airspace Agreement is for the public purpose of operating a fire station that will include personnel and equipment capable of providing rescue and emergency medical services to motorists travelling on Alligatot Alley (l-75); and WHEREAS, the Interlocal Agreement sets forth thc terms, conditiclns and responsibilities of FDOT and Collier County with respect to funding for the fire station, the respective duties of the parties to provide services at the mile marker 63 fire station and other such matters; and WHEREAS, the Collier County Board of Commissioners agrees to maintain the fire station and any encompassed structures or amenities in accordancc with the terms and conditions of the Airspace Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Department- Collier County lnterlocal Agreement 25 114 L The Collier Clounty Board otlCommissioners approves and authorizes its Chairman to sign the lnterlocal Agreement and the Airspace Agreernent with the FDOT. A certified copy of this Resolution shall be fonvarded to FDOT along with the InLerlocal Agreement and Airspace Agrcement for execution by FDOT. THIS RESOLI-ITION ADOPTED after motion, second, and ma.iority vote f'avorirtg same, ?, thisQ day otl\<vrrr\ ,2014, SCOTT DEPUTY R. TEACH COUNTY ATTORNEY BOAII.D OF COL.NTY COMMISSIONERS Depanment- Collier County Interlocal Agreement COLLIER COLINTTY. Approved as to form and 26 F'inancial Management No. 435389- l -94-01 CSIrA No. 55.036 Contract No. TTA rNSTR 4987197 0R 5041 PG 1688 RECORDED 5T28D014 8 43AM PAGES 35 OWGHT E BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC 5299 00 INTERLOCAL AGREEMENT This Menroran<lum of Agreement is entcred into the d{l\ day of'dl{*Y-. ,r,* ("Effective Date"), between the BOARD OF COUNTY COIv{MISSIONERS OF COLLIER C:OUN1'Y, FLOlttDA, a political subdivision of the State of F'lorida (the "County") and THE FLORIDA DEPARTMENT OF TRANSPORTATION ("DEPr\RTMENT") (collectively. the "Parties" and each a "Parly"). R E C I't'A I., S A. The Clounty provides fire, rescue and emcrgency management services along Alligator Alley through its depencient Fire District, the Ochopee Fire C.ontrol and Rescue District ancl the County's Emergency Medical Sen'ices. The parties are authorized to enter into this Agreement pursuant to Seciion 163,01, Florida Statutes and Section 338.26(3), Florida Statutes. Each of the Farties is a "purblic agenc-v" as defined in Section 163.01, F'lorida Statutes. The County by Resolution, a copy ol'which is attached to and incorporated into this agreement as Exhibit "D" is authorized to enter into this Agreement. B. The 201I F'torida Legislature amended Section 338.26(3), Florida Stalutes to provide a conditional funding souroe to clevelop and operate a lire station at the DEPARTMENT'S N4ile Marker (r3 Rest Area ("the Fire Station") on Alligator Alley in Collier Countv. Florida. Thc amendment authorizes thc use of f'ees generated tiorn tolls on Alligator Alley, after the payment of certain other expcnscs and costs, to develop and operate the Fire Station to provide tire, rsscue and emergency management senices to the adjacent counties along Alligator Alley. Section 338.26(3),(201 3) Florida Statutes. states: Fees generated from tolls shall be deposited in the State 'l'ransportation Trust Fund, and any amount of funds generated annually in excess of that requrired to reimburse outstanding contractual obligations, to operate and maintain the highway and toll facilities. including reconstruction and restoration, to pa1' tbr those projects that are tunded with Alligator Alley toll revenues and that are oontained in the 1993-1994 adopted rvork prograln or the 1994-1995 tcntative work prograrn subrnitted to thc Legislature on February 22.1994, and to dcvelop and operatc a fire station at Department- Collier County Interlocal Agreement 1 1 1A mile marker 63 on Alligator Alley to provide ftre, rescue, and emergency management services to the adjacent counties along Alligator Alley, may be transferred to the Everglades Fund of the South Florida Water Management District. C, [n accordance with the statute the DEPARTMENT included construction of the Fire Station within the scope of design build contract E1J69, awarded to Wright Construction Group, Incorporated on November 17,2012, financial project number 200746-2-52-01. to rebuild the DEPARTMENT's rest area at Mile Marker 63. Work began on the contract on December 5, 2012. The construction of the Fire Station is close to being tlnished. D. fhe DEPARTMENT and the County disagrec on the meaning of the 2011 amendment, the costs that the amendment authorizes the DEPARTMENT to pay, and the DEPARI'MENT'S authority to utilize State Transportation Trust Fund revenues for the provision of public safety services. E. The Department intends to continue to seek legislative clarification of the meaning of the amendment. Irr anticipation of receiving such clarification, the DEPARTMENT is willing to fi1nd the Fire Station, frorn lau'fully available excess Alligator Alley toll revenues, as more specifically provided herein, and in accordance with the requirements of the Resolution o1'the Division of Bond Finance of the State Board of Administration adopted December 10, 1996, as such Resolution may be amended or supplemented fiom time to time (the "Resolution"), under which Bonds (as that term is defined in the Resolution) have been issued and are payable from the revenues of Alligator Alley ("Lawfully Available Revenues"), certain costs of the County anlicipated to be incurred for personnel, equipment, and other expenses a.ssociated with the County's public safety operations based at the Fire Station. AGREEMENT T'FIE PARTII]S HEREBY AGREE AS FOLLOWS: SECTION I. RECITALS lfhe reoitals above are incorporated in this Agreement. SECTION 2. PURPOSE. The Purpose of this Agreement is to provide the DEPARTMENT w'ill provide funding to the County terms and conditions under rvhich the for the County's expenses in purchasing Department- Collier County Intcrlocal Agreement 2 114 equipment, compensating County employees, and otherwise providing fire, rescue and emergency services utilizing the Fire Station, SECTION 3. TERM. This Agreement is effective on the Effective Date and shall remain in effect for four complete years (1460 days) fiom July I ,2014 through no later than June 30" 201 8 unless earlier terminated as provided belorv (thc "Tcrm"). In connection with this Agreemcnt, the parties will enter into a long term public purpose lease (the "Air Space Agreement") a copy of which is atlached as Exhibit "A"), which Air Space Agreement will survive beyond the term or earlier termination of this Agreement to allow the County to continue to occupy thc Fire Station after the expiration of this Agreernent. SEC'I'ION 4. DUTIES OF DEPARTMENI" During the Term of this Agreement, the DEPARTMENT shall, contingent on legislative appropriation and the availability of Lawfully Available Revenues: Complete construction of the Fire Station, including basic furnishings, fixtures and cquipment as outlined in the capital (one time) purchases in Exhibit "8" losated at Mile Marker 63 on I-75, Alligator Alley, Collier County, Florida, for the cxclusive use of the County fbr the duration of this Agreement and pursuant to the Air Space Agreement. The County may, at the discretion of the County Director of Ernergency Services, extend the use of the Fire Station to other State and County First Responder Agencies for satellite office spacc or itinerate public safety vehicle parking. as permitted under the Air Space Agreement. Provide water, sewer and trash services at the Fire Station, subject to the terms of the Air Space Agreement. Provide exterior maintenance at the Fire Station, including but not limited to: landscaping, mowing, tree trimming, litter management, painting and drivervay mainlenance, subject to the terms of the Air Space Agreement, Provide interior maintenance at the Pire Station, including but not limited to: water, sewer, and plumbing without charge to the County, subject to the terms of the Air Space Agreement. Provide routine, preventative maintenance and repair of the Fire Station's standby generator, rvithout charge to the County, subject to the terms of the Air Space Agreement. Department- Collier County lnterlocal Agreement 3 A. B. C. D. E. 114 Provide technical and minor construction assistarce, as may be required, to locate non- potable rvater sources adjacent to the F'ire Station required for filling firefighting water tanks on fire apparatus. Provide comrnunication equipment and/or two-way radio linkages between the assigned Road Ranger(s), assigned asset managenlent organization(s), Florida Ilighway Patrol ernd nearby toll gates on Alligator Alley, using the State Law Ent'orcement Radio System (SLERS) without charge to the County. H. Meet with the County/Ochopee Fire Control and Rescue District at least quarterly to discuss any issues concerning the state of repair of the Fire Station and to coordinate any necessary repairs in a timely manner. t.Cooperate in the implementation of any security systems including but not limited to access controls, closed circuit television securitv systems, weather reporting systems, trallic managsment cameras for emergency response coordination and other building automation that may be needed via the intemet or other communication systems. Disclose all master plans and daily operational plans with respect to the future opening of recreational access areas in proximity to the Fire Station to the Count,v so that it oan adequately plan and anticipate the nccessary resources to address sen'ice levels ltrr land search zrnd rescue, water search and rescue, missing pe$ons, wildfires and other emergency situations. 'Ihe DEPARTMENT understands and acknowledges that any equipment, apparatus and vehicles that may be funded pursuant to the terms of this Agreement shall be titled to the Collier County Board ofi County Commissioners. SECTION 5. DTJ]IE.S QE fTIEIQIN{TY. The Clounty shall lrave and perform the following duties, obligations and responsibilities: A. Avoid, rnitigate and actively prevent any and all safety and operational hazards to the DEPARTMENT'S mile marker 63 Rest Area. Ensure that the County's use of the Fire Station willnot impair the full use and sat'ety of Alligator Alley. B. Provide the follorving general serviccs at the Fire Station: fire protection, rescue, first response advance life support emergency medical response services and fire prevention services. Department- Coll ier County lnterlocal A greement 4 F. G. J. K. C I TA F'. Provide a phased approach to hiring, training and supplying manporver to the Ochopee Fire Control and Rescue District to ensure readiness for the commencement of emergency operations on day one of opening the Fire Station. The Counff estimates that the Fire Station will be fully staffed, equipped and otherwise operational no earlier than October 1,2074. Support existing response operations to Alligator Alley until the Fire Station is constructed and ready for occupancy. Provide the expertise to specify the apparatus and procure through competitive solicitations the acquisition of fire trucks, rescue vehicles, support vehicles, and other emergency response assets, supplies, disposable items and safety rssources determined necessary to be procured fiom available funding derived from DEPARTMENT provided available funds from Alligator Alley, Such items may include but not be limited to: hose, nozzles, protective clothing, uniforms, emergency lighting, firefighting foam, two- way radios, mobile and Public Safety 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, cable, aircraft grade weather instrumentation and satellite communicates devices at the Fire Station. Provide the necessary property, pollution and liabilifl insurance on all fire trucks, apparatus, rescue vehicles, support vehicles, and other emergoncy response assets and safety resources utilized in the operations at the Fire Station. Provide reasonable accommodations for satellite office space and emergency shelter for F-lorida Highway Patrol Officers, Collier County Sheriff's Officers and State Road Rangers. H. Provide an 800 MI-lz 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. Provide fire-rescues services in support of vehicle accidents, hazardous materials rcsponse. r,ehicle extrication, dive-rescue support, car tlre and adjacent r.vildlire and wild-land fire-lighting and water searches and basic emergency medical care through Ochopee Fire Control and Rescue District personnel. J, Provide supplementary support services from other public fire department agencies tfuough existing or future mutual aid agreemcnts with the Ochopee Fire Control and Department- Collier County Interlocal Agreement 5 D. E,. G. I. tlA Rescue District, as a dependent district o1'the County, as County deems it necessary fulfill its obligations under this Agreenrent consistent rvith normal fire operations. L, Provide County Emergency Medical Services Personnel to supply, at a minimum, the following Advanced Life Support services originating at the Fire Station : (i) One fully trained advanced life support paramedic per shift capable of supporting on-scene emergency medical care as rvell as being part of any necessary fire-fighting team, The assigned paramedic will be fully equipped with a complement of drugs, automated external defibrillator, basic fire and rescue resources and a non-transport utility vehicle to allow for rapid response to single or concurrent emergency medical incidents. (ii) At its discretion, the Cournty may provide additional personnel fbr an on- site transport cre*'and ambulance at the Public Safety 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, (iovernor mandated interstate contra-florv and/or escalated homeland security concerns. (iii) County will continue to provide its aero-medical tlight services and transport charges in accordancc with its cunent operating manual, weather rninirnums and Federal Aviation Administration protocols and guidance. The County will maintain operational control of the adjacent helispot. (iv) County will not be resporrsible for any ancillary duties related to the management of gates, permits, visitor logs or related duties as it pertains to recreational access visitor infbrmation needs and recreational access contrnls. Provide all necessary training, supervision and leadership of County/Ochopee Fire Control and Rescue District personnel to perform prompt and professional seruices out of the Fire Station pursuant to Exhibit "B." SECTION 6, AUDITS AND MONITORING REqUREMENTS. A. The administration of resources awarded by the DEPARTMENT to the County may be subject to audits and/or monitoring by the DEPARTMENT, as describcd in this section. In addition to reviews of audits conducted in accordance u'ith OMB Circular A-133, as revised, Department- Co I li er Counf,v I nterlocal A greemen t 6 K. f TA and Seclion 215.97, Florida Statutes, monitoring procedures may include, but not be limited to, on-site visits by DEPARTMENT staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the County agrees to comply and cooperate fully with auy monitoring procedures/processes deemed appropriate by the DEPARTMEN'|. ln the event the DEPARI'MENT determines that a limited scope audit of the County is appropriate, the County agrees to comply with any additional instructions provided by the DEPARTMENT staff regarding such audit. The County further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chicf Financial Of'ficer (CfO) or Auditor General. B. The County, as a local governmental entity as defined by Section ?15,97(2)Q), Florida Statutes, is required to have audits performed annually using the following criteria: (i) In the event that the County expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of the County, the County must have a state single or project-specihc audit for such fiscal year in accordance with Section2l5.97, F'lorida Statutes; applicable rules of the Exeoutive Office of the Governor and the CFO; and Chapters 10.550 (local govemment entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor General. EXFIIBIT C to this agreement indicates state financial assistance awarded ttrough thc DEPARTMEN'I by this agreement. In determining the state financial assistance expended in its fisoal year, the County shall consider all sources of state financial assistance received fiom the DEPAIT'IMENT, other state agencies, and other non-state entities. State flriancial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. (ii) In connection rvith the audit requirements, the County shall eusure 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(2)(e), Florida Statutes, and Chapters 10.550 (local government entities) or 10.650 (non-profit and fbr-prolit organizations), Rules of the Auditor General. (iii) If the County expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordalce with the provisions of Section 215.97, Florida Statutes, is not required, In the event that the County expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section2l5.97, Florida Statutes, the cost of thc audit mustbe paid from non-state entity's resources (i.e., the cost o1'such an audit must be paid lrom the County's resources obtained from other Department- Collicr County Interlocal Agreement 7 than State entities). (iv) State awards are to be identified (CSFA) title and number, award awarding it. I 1A using the Catalog of State Financial Assistance number and year, and name of the state agency (r) The County shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrcctive action and current status of the audit tindings is required. Current year audit findings require corrective action and status of tindings. (vi) Records related to unresolved audit tindings, appeals, or litigation shall be retainecl until the action is complete or the dispute is resolvcd. Access to pr<lject recorcls and audit work papers shall be given to the DEPARTMENT, the Comptroller. and the Auditor General. This section does not limit the authority of the DEPARTMENT to conduct or arrange tbr the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state ollicial. (vii) Any reports, management letter, or other information required to be submitted to the DEPARTMENT pursuant to this Agreement shall be submitted timely in accordance w'ith OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local govemment entities) or 10.650 (non-profit or for-profit organizations), Rules of the Auditor General, as applicable. The DEPARTMENT'S report submission information is : Mail: Florida Department of Transportation OIIic.e of ComPtroller Single Audit Section, MS 24 605 Survannee Street l-al lahassee, Florida 32399 -0450 (viii) The County, when submitting financial reporting packages to the DEPARTMENT tbr audits clone in accordance with OMB Circular 4-133 or Chapters 10.550 (local govemment entities) or 10.650 (non-profit or tbr-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package rvas delivered to the County in correspondence accompanying the reporting package. Department- Collier County Interlocal Agreement 8 114 (x) The County shall retain sufficient records demonstrating its compliance with the terms of this Agreement lbr a period of at least five (5) years from the date the audit report is issued, and shall allow the DEPARTMENT or its designee, the state CFO or Auditor Gcneral access to such records upon requcst, The Authority shall cnsure that the independent audit working papers are made available to the DEPARTMENT, or its designee, the state CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in rvriting by the DEPARTMENT. SEC"|ION 7. COIVIPLIANCE WII'H LAWS. A. 'I'he County shall allow public access to all doquments. papers, letters, or other material subject to the pror.,isions of Chapter I 19. Florida Statutes, and made or received by the Authority in conjunction with this Agreement, F'ailure by the County to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. B, The County shall comply with all federal, state and local laws and ordinances applicable to the work or payment for rvork thereof. The County shall not discriminate on thc grounds of race, color, religion, sex or national origin in the performance of work under this Agreement. C, No t-unds receivcd pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch, or a state agency. D. Nothing in this Agreement or the Air Space Agreement may be construed as creating an agency relationship. The County, its employees, and subcontractors are not agents of the DEPARTMENT. SECTION 8. FUNDTNG AND BUDGET PRI]PARATION. A. Ihe Fire Station will be staffed and operational in accordance rvith a phased payment process by the DEPARTMENT in conjunction with the State's Fiscal Year (SFY) calendar. The DEPAR'IMENT's funding tbr SF'Y 2013114 has been amended to add funding fbr thc purchase of equipment. 'l'he DEPARTMENT has included the funding in the tentative work program for SFY 2014115, SF-Y 2015116, SFY 2016/17 and SFY 2017118, Funding is contingent upon an annual legislative appropriation. The County's duty to perform as set forth Section 5 is subject to the Department timely providing the tunds necessary to procure equiprnent and obtain the staffing required to commence operations at the Fire Station. Department- Collier County lnterlocal Agreement 9 tlA B" 'l'he County shall not enter into any agreement or contract related to Fire Station operations that would result in an approved Budget category beirrg exceeded by ten percent or rnore without the DEPARTMENT's prior written approval. C. The total annual amount of funding under this Agreement is based on the estimated Schedule of Funding, Exhibit "B" attached to and incorporated in this Agreement. The County's estimated funding budget will remain firm for SFY 2014/15 but upon request from the County, in writing, at least 30 days prior to July l" for each subsequent year of the Agreement, a price adjustment will be made based on the annual Consumer Price Index (CPI) published by the Bureau of Labor Statistics of the United States Department of Labor, rvhich uses 1982-1984 as the base, and is the annual average for all expenditure items fbr all urban oonsluners, U.S. city average. 'l'he price adjustment, applied July I of every year, will be determined by taking the ratio of the CPI from the prior calendar ycar (January through December) to the CPI of the preceding calendar year. This indexing methodology is consistent with the way the Florida f)epartment of 'I'ransportation (FDOT) uses to adjusttoll rates on the Turnpike System and other toll tacilities owned by FDOT. D. All funds advanced by the DEPARTMENT shall be separated by the County from all other funds; and any interest eamed shall be retumed to the DEPARTMENT with the tjnal accounting of tirnds due for capital expenditures and the tinal accounting of operating expense at the completion of the contract term of the agreement as appropriate and set forth in the tbllowing sections. E, Subject to the terms of this Agreement, the DEPARTMENT rvill fund the County for its direct actual capital costs an amount not to exceed $1,761,235.00, as outlined in Exhibit "8." Such amount(s) must be invoiced by the County and may be advanced by the DEPARTMENT no earlier than 30 days prior to payment being due. An accounting of all funds advanced and interest eamed must be provided to the DEPARTMENT within 90 days of equipment receipt. F, In the initial year of the Term and during the subsequent years of the Term and subject to the terms of'this Agreement, the DEPARTMEN'I will fund the County .[br its direct actual costs of operating the fire station an amount each year not to exceed $1,498,100.00, as outlined in Exhibit "8" and as adjusted for CPI as outlined in paragraph C. above, The County will invoice and the DEPARTMENT will advance $389,000.00 on or before October 1,2014. Thereafter, the County will invoice on a monthy basis direct actual costs incurred. The County will deduct the advance fiom the last invoices of the contract period. An accounting of all funds advanced and interest earned must be provided to the DEPARTMENT within 90 days of sontract ending, Department- Collier County lnterlocal Agreement 10 r1 T TA G. Section 338.26(3), Florida Statutes provides a funding source to develop and operate the Fire Station tiom excess Lawfully Available Revenues derived from tolls generated on Alligator Alley that are deposited in the State Transportation Trust Fund. The DEPARTMENT shall manage and administer the excess lawfully available toll revenue derived from Alligator Alley and distribute f'unds in the amount pursuant to lalv and the Resolution, at its sole discretion. H, The County agreos to bear all expenses in excess o1' the DEPARTMENT's participation in this agreement. l'ravel costs will not be reimbursed. I. Invoices shall be submitted by the County in detail sufficient fbr a proper pre- audit and post audit thereof, based on the quantiliable. measurable and verifiable deliverables as established in Exhibit "8." Deliverables must be reccived and accepted in writing by the DEPARTMI3NT prior to reimbursements. J. Supporring documentation must establish that the deliverables were received and accepted in writing by the County. All costs charged by the County shall be supported by detailed invoices, proof of payments, contracts or vouchers evidencing in proper detail the nature and propriety ofthe charges. K. Itecords of costs incurred under the terms of this Agreement shall be maintained and made available Lrpon request to the DEPARTMENT at all times during the period of this Agreement and fbr five (5) years after final payment is made, Copies of these documents and records shall be furnished to the DEPARTMEN'II upon request. Records of costs irrcurred include the County's general accounting records and the Project records, together with supporting documents and records, of the contractor and all subcontractors perfonning work on the project, and all other records of the conffactor and subcontractors considered necessary by the DEPAI{T'MENT fbr a proper audit o1'costs. Any discrepancies revealed by any such audit shall be resolved by a corrected final billing from the County to the DEPARTMENT L. [n the event this Agreement is for services in excess of $25,000.00 and a term for a period of more than one (l) year, the provisions of Section 339"135(6)(a), F'.S., are incorporated: "The Departmcnt, during any fiscal year, shall not expend money, incur any Iiability, or enter into any contract r.vhich, by its terms, involves the cxpenditure of money in excess of the amounts budgeted as available for expenditure during such tlscal yezr. Any contract, verbal orlwitten, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department Department- Collier County Interlocal Agreement 11 rt l IA shall require a statement flom the Comptroller of the Department that such funds are available prior to cntering into any such contract or other binding commiLment ol'lunds. 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 exsess of $25,000.00 and which have a term for a period of more than I year." M. The DEPARTMENT's obligation to pay is contingent upon an annual appropriation by thc Florida Legislature as authorized under Section 338.26(3), Florida Statutes. The Parties agree that in the event funds are not appropriated to the DEPARTMENT lbr the Project, this Agreement may be terminated, which shall be effective upon the DEPARTMEN'I' giving notice of non-appropriation to the County. StsC]TION 9. INSURANCE. County shall provide and maintain a Commercial General Liability insurance policy of not less than One Million and 00/100 Dollars ($1,000,000.00). combined singlc limits while occupying the I'>ublic Saf-ety Station. In addition, County shall provide and maintain Worker's Compensation Insurance covering all its employees working at the F'ire Station in amounts consistent with the existing Statutory Limits in compliance with the applicable state and f'ederal laws. County shall also maintain standard fire and extended coverage insurance on its property located on or in the F'ire Station including, without limitation, furniture. equipment, personal property and supplies, in an arnount not less than the then-existing full replacement value. County shall maintain Business Automobile Liability Insurance, and Business Boat Liability Insurance, for automobiles and boats used by County in the course of its perf<rrrnance under duties at the Fire Station, each said policy in amounts of One Million and 00/100 Dollars ($ 1,000,000.00) combined single limit per occuruence. SECTION IO, QWNERSHIP. MAD{T'ENANCE AND OPERATION. A. The Fire Station shall be owned by DEPARTMENT but shall be lcased to the County pursuant to the Airspace Agreement (Exhibit "A"). B" The County shall have the exclusive use of the Fire Station, subject to State or Local Law Enlbroement having the ability to station officers, agents or response teams (based on space and availability). Depaftment- Collier County Interlocal Agreement t2 vl TlA rl C. All equipment, personal property, vehicles, apparatus and supplies acquired by County with funding provided by DEPARTMENT under this Agreement shall remain the property of County, notwithstanding any termination of this Agreement. SECTION I I. INDEMNIFICATION STATEMENT. Each Party shali be liable for its own aotions and negligence and, to the extent permitted by law, Counly shall indemnify, defend and hold harmless DEPARTMENT against any actions, claims and damages arising out of County's negligence in its perforrnance of this Agreement, and DEPARTMENT shall indemnify, defend and hold harmless County against any actions, claims, or damages arising out of the DEPARTMENT's negligence in connection with this Agreement. The fcrregoing indemnification sharll not constitute a waiver of sovereign immunity beyond the limits set tbrth in Florida Statutes, Section 768.28, nor shall the same be construed to constitutc agreement by either Party to indemnify the other Party for such other Party's negligent acts or omissions. SECTION 12. DEFAULT AND TERMINATION. A. This Agreement shall remain in etlbct for the Term unless earlier terminated as follows: 1) If either Party fails to fulfill its obligations under this Agrecment in a timely and satisfactory manner, or if either Parly 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 rea^sonable time period for correction of same. In thc event the correction is not made in the allotted time, the other Party may send a notice of intent to terminate, effective no earlier than 120 days. Within 30 days of the notice of intent to terminate, each Party's designated representatives shall meet to resolve the dispute. 2) 'l'he pertbrmance of any and all provisions of this Agreement by the County and DEPARTMENT are expressly conditioned upon the availability of funds la*fully eollected, appropriated and budgeted by the DEPARTMENT. If sufficient Lawhrlly Available Funds are either not available or are not appropriated for the DEPARTMENT to fulfill its duties under this Agreement, this Agrcement may be terminated by the DEPARI'MENT. 3) 'I'he DEPARTMENI' shall be entitled to terminate this Agreement effective irnmediately upon any determination by the Division of Bond Finance, or a court with jurisdiction, that any payment by the DEPARTMENT hereundcr would violate the terms of the Resolution. Department- Collier County Interlocal Agreement 13 114 SI]CTION I3. RESOLUTION OF DISPTJTES. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disprLtes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. 'fhe negotiation shall be attended by representatives of DEPARTMENI' and County staff persons who rvould 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 parlies arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of DEPARTMENT and County staff persons who would make the presentation of any settlement reached during negotiations to their respective agencies for approval. Should either pany fhil to submit to mediation as required hereunder, the other party may obtain a court order requiring rnediation under section 44,1A2, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be br<lught in the appropriate tbderal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. The Parties may avail themselves of each and every remedy herein specifically given to it now or existing in law or in equity, and eaeh and every such remedy shall be in addition to every other remedy so specifically given or otherwise so existing and may be exercised by from time to time and as often and in such order as may be deemed expedient. l"he exercise or the beginning of the exercise, 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. SECTION I 4. MISCELLANEOUS PROVISIONS. A. In no event shall the making by the DEPARTMENT of any payment to the County constitute or be construcd as a waiver by the DEPARTMENT o1'any breach oflcovenant or any delault which may then exist, on the part of the County, and the making of such payment by the DEPARTMENT while any such breach or delhult shall exist shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default, B. This Agreement shall be govemed by and interpreted in accordance with the laws of thc State of Florida. Any provision in this Agreement determined by a court of competent jurisdiction. or any othcr legally constituted body having jurisdiction, to be invalid or Department- Collier County lnterl ocal Agrcement 74 rl 114 unenforceable shall be severable and the remainder of this Agreement shall remain in full force and effect, provided that the invalidated or unenforoeable provision is not material to the intended operation oflthis 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 the Project is completed, any subsequent litigation is complete and terminated, final costs are known, and legislatively appropriated reimbursements, itiapproved, are made by the DEPARTMENT. D. PUBLIC ENTITY CRIME INFORMATION AND ANTI-DISCRIMINATION STATEMENT: A person or afirliate who has been placed on the convicted vendor list following a conviction tbr a public entity erime 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 rvork as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not ffansact business rvith any public entity in excess o1'the threshold amount provided in Seotion 287 ,017, for CA |EGORY TWO for a period of 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 subntit bids on leases of real property to a public entity, may not be awarded or perfbrm work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. The DEPARTMENT and the Count-v acknowledge and agree to the tbllowing: The County shall utilize the U.S. DEPARTMENT of Homeland Security's E- Verify system to verify the employnrent eligibility of all new employees hired by the County during the term of this Agrcement; and The County 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 ernployees hired by the consultant/subconsultant during the term of this Agreement. No waiver of any breach of this Agreement by any of the Parties shall be held to be a waiver of any subsequent breach, F'ailure of any Party to enforce any of the provisions of Department- Collier County Interlocal Agreement 15 E. It F. 114 I this Agreement, or to require perfiormance 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 ofany Party to enforce each and every such provision. G. 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. H. This Agreemenl is solely for the benefrt of the Parties to this Agreement and no third party shall be entitled to claim or enforce any rights under this Agreement. The parties may not assign this Agreement or any right or obligation of this agreement without the written consent of the other party, except that in the event that the Ochopee Fire Control and Rescue District is merged or consolidated into another Fire Dishict, the County may assign the Agreement to the merged or consolidated Fire District with advance notice to the Department. I. All notices or other communications shall be deemed suflicient if made in writing and delivered eithcr by electronic mail or by tirst-class mail, poslage 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: COUNTY: County Manager Collier County Government 3299 Tamiami I'rail East, Suite 202 Naples, F"lorida 34112 DEPARTMENT : Florida Department of Transportation District One Secretary 801 North Broadway Avenue Bartow, FL 33830 Notices sent by mail shall be deemed given when properly mailed, and the postmark affixed by the United States Post Office shall be conclusive evidence. J. This Agreement and its attached exhibits embody the entire Agreement between the Authority and the DEPARTMENT. No other understandings, oral or otherwise, Department- Col lier County lnterlocal Agreem ent 16 1 1A regarding the subject matter of this Agreement shall be deemed to exist or to bind the Parties hereto. K. 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. L. This Agreement may be executed in counterparts and in duplicate originals. Department- Coll ier County Interlocal Agreement t7 114 IN WITNESS WHEREOF, the County and Department have executed this Agreement on the day and year first above written, BOARD OF COUNTY COMMISSIONEI{S, COLLIER COUNTY, FLORIDA Approved as to fbrm and legality: FI.ORII)AI{ t OF By: R]' Aururlt 7r{r*s, 56cure(Y (Print Name and Title) ON Legal Revierv: Department- Collier County Interlocal Agreetnenl 18 A'l--l'ES"li1 . ,:' t.. ,... DWIGHT. E: "BROCK, CICrK CFIAIRMAN '['each, Deputy County Attorney Cornmissioner t 1A '{H EXHIBIT A - Insert Airspace Agreement Department- Collier County lnterlocal Agreemcnt 19 t 1A ITEM/SEGMENT NO.: zNl 141 MANAGING OISTRICT: One FAP.NO:N/A STATEROADNO.:93(L75) _ .. ... _ --- COUNTY: Collier PARCEL NO: 500 {.l- THIS AGREEMENT, made ttris I 1 . Oay ot rJle|.l-Ecstslrt€ 202. Naoleo. Florida 34'l 12 (Lessee) and the STATE OF FLORIDA DEPARTII,?ENT OF TRANSPORTATION (Departmenl), an agency ol the State of Ftorida (State). WT}.IESSE-T-IL WHEREAS, the Department may convey a leasehold in the narne of the State. in any land. buildings, or other property. real or personal, acquired under Section 337 25, Florida Statutes: and WHEREAS, the United States Depsrtment of Transportalion, Federal Hghway Administralion (FHWA), requrres any use ol airspace above, and/or below the highway's estaUished gradeline, lying within the approved right of way lirnits on a Federal Aid System. to be accomplished pursuant to an airspace agreement in accordance with 23 CFR. Part 710, and WHEREAS, lhe Department has scquired sufficient legal right, title, and inlerest in the right ol way of Parcel -50Q ... . .. "-- which includes the property described in Exhibit "A'' altached hereto and made a part hereof, which right of way is part ol a highway on a Federal Aid Syslem; and WHEREAS, lhe Department desires to lesse to Lessee the airspace above or below the gradeline of the property described in Exhibit "A", attached and made a part hereof for the folloring purposo: WHE*EAS, the proposed use will nol impair lhe full use and sably of lhe highway, requite or permit vehicular access lo such space directly from the established gradeline of said highway, or interfere with the free flow of trafiic on said highway NOW, THEREFORE, in consideralion of the premises made a part hereof, and the covenants. promrses, understandings, and agreements made by each pa(y to lhe other as set forlh herein. the Depsrtment ancl lhe Lessee do hereby mutually 6gree as follows Premises The premises hereto are true and correcl and form an integral part of this Agreement 2 Term The Depar{menl does hereby lease unlo Lessee lhe anspace above or belour gradeline of the property for a period of Fitr68) years _ beginning with the date of this Agreement. One rencural ol lhis Agreement may be made for Fifu {50) vears . llowever, except for a pub'lic purpose conveyance, such renewal msy not exceed live years. Nothiog herein shall be congtrued to in any way granl an interest in the property lyrng below said airspace 3. Rent a Lessee shall pay to the Deparlrnenl as renl each n month E quarter [] year on or before lhe lirst day of each rent payment period, N/A plus applicable sales tax When this Agreement is terminated any unearned rent and sales tax payment shall be refunded to Les$ee However, no such refund shall be made where termination is due to Lessee's violalion of a lerm or condilion of this Agreernent STAIE OF FTORICA DE9ARTUENT OT TRANSPORTATION Airspace Agroernent Public Purpose 114 5t3@-32 riloHr ct wAY ?ff"tY] b. The Depadmenl reserves the right io review and adjust the rental fee biannually and al renewal lo r€llect markel condilions. c. All renlal payments are lo be made by check or money order, payable to lhe Slate of Florida Department of Transportation and delivered on or be{ore the due dale to: N/A d. Lessee shall be responsible for all staie, counly, city, and local taxes that may be assessed, including real prope(y taxes and special assessments. ln the event that no rent is specifed herein, then it has been determined that either the use by Lessee is a nonproprietary use by a govemmental agency or an exception from lhe cunent fair markel rental value requiremenl (23 U.S C. Section 156) has been obtained for gocial, environmental, or economic mitigation (SEE) purposes. ln the event thal it should be delermined at any time lhat the use is not a nonpropnelary use by a governmential agency or that lhe SEE exception does not apply or has been revoked, Lessee agrees to pay, al that time, rent as determined io be the fair rnartet rentel value by an independent appraiser cerlified by the Deparlmenl, and Lessee furlher agrees to pay such rent, under the remaining terms and conditions of lhis Paragraph 3, for the remarninE lerm (including renewals) of this Agreemenl. e Any inslallment of rent not received wilhin ten (10) days after the due dale shell bear interest at the highest rale allowed by law from the due date thereof, per Seclion 55.03(1), Florida Statutes. This provision shall not obligate the Departrnent to aacept late rent paymenls or provide Lessee a grace period. 4 Use. Occupancy. And Maintenange a The Lessee shall be responsible for developing and operating the airspace as set forth heretn. b lhe Lessae's proposed use ol lhe airspace is as follows: Fire Station sewing the western counlie: of Alligator Alley (l-75) at rnile marker 63 Resl Area. c The general design for the use of the airspace, including any facililies to be construcled, and the maps, plans, and sketches setting out the pertinenl featuros of lhe use of the airspace in relation to the highway facility are set fo(h in composile Exhibil "8" altached hereto and by this reference made a part hereof. ln addilion, s6id composito Exhibit "B" also contains a three-dimensional description of the space to be used, unless the uE€ is of a surface area beneath an elevated highway struclure or adjacent to a highway roadway for recreation, public park, beautification, parking of motor vehicles. public mass fansit facilities, or other similar uses, in which case, a meles and bounds dBscriptiofl of the surface area, togeih€r with appropriate plans or qoss seclions ctrearly defining the vertical uee limits, may be substiluted for said three-dimensional description in said composite Erhibit "8" d Any change in lhe authorized use of the airspace or revision in the design or @nstruction of the facility described in Exhibit "B'' shall require prior writlen approval from the appropriate Diatricl Secretary of the Oepartment, subject to concurrence by the FHWA e. The Deparlment, through its duly aulhorized representatives, omployees. and conlractors, and any authonzed FHWA representative, rnay enler the facility al any time for the purpose of inspeclion, maintenance, or reconstruclion of the highway and adjacent facilities, wh6n necBssa,y: or lor the purpose of surveying, drilling, monitoring well inetallations, sampling, remedialion, and any other action which is reasonable and necessary to conduc{ an environmefltal assessmenl or to abale an environmental hazar<J f Lessee. at Lessee's sole cost and expense, shsll maintain the facility to occupy lhe airspace 80 ss to assure thet the slruclures and lhe area withifl the highway right of way boundaries will be kept in good condition, both as to safety and appearance Such maintenance will be accomplished in a manner so as to causs no unreasonable irrierference with the highway use. ln lhe evenl that Lessee fails to so mainlain the facility. the Deparlment, through its duly authorizad representatives. employees, and conlractors, rnay enter the tacility to perform such work, and lhe cosl lhereot shell be ctrafgeable to the Lessee and shall be immedialely due and payable to lhe Deparlment Lrpon the performance of such work g Portable or temporary advertising signs are prohibited. h. Thedesign.occupancy,andu$eoftheairspaceshall notadverselyaffeclttreuse,safety,appearanc€.orenjoymenloflhe highway by smoke furnes, vapors. odors, droppings, or any olher obiectionable discharges or ernissions. or nuisances of any klnd lherefrom- i, When, for the proposed use of the airspace, the highway reguires additional highway facilities for the proper op€ration and mainlenance of the highway, such facilitiss shall be provided by lhe Lessee wilhout cosl lo either the D€parimenl or the FHWA and subject to both Depertment and FHWA approval. 1, The proposed use shall not cause or allow any changes in the existing drainage on lhe prop€rty under lhe airspace 5/i C['G:J2 NIGHT OI IYAY o6c o&c{i PYJt i !'t; k Lessee shall nol occupy, use, permit, or suffer the airspace, the property, the faciliiy, or any pad lhereof to be occupied or used for any illegal busioess use or purpose, for the manufadure or slorcge of llammable, explosive. or hazardous material, or any other hazardous activity, or in such manner as to constitute a nuisance of any kind, nw lor any purpose or in any way in violation of any present or future federal. state, or local taws, orders, directions, ordinances, or regulations. I Any activities in any way invqlving hazardous materials or substances of any kind whelsosver, oither as those terrns rnay be defined under any siate or federal lar,vs or regulaiiofls, or ae those terms are underslood in common usage, are specificstly prohibited. The use of petroleum products, pollutants, and other hazardous materials aftcting the property rs prohibited Lessee shall be held responsible for the performance of and payment for any environmental remediqtion that may be necassary, as delermined by lhe Departmenl Similarly, if any contamination eilher spread to or was released onto adjoining property as a result ol Lessee's use of the airspace under lease. the Lessee shall be held similarly responsible. The Lessee shall indernnifo, defend, and hold harmless the Department from any clairn, loss, damage, cosi, charge, or exp€nse erising oul of any such contarnination. m, Existing util;ties and all conesponding easemenls shall remain in place and Lessee shall not dislurb or inlerfare with the same 5 ln.demnificatig!.- (select applicable pangraph) ffi Lesseo ie a Governmental Agency To the exlent provided by law. Lessee shall indemniff, defend, and hold harmless lhe Department and eil of ils officers, agenls. and employees from any claim, loss, damage, cost, charge, or expeflse arising out ol any ecl, enor. omission, or negligent act by Lessee, its officers, agents, or employees, during the performance of the Agreement, excapt that neilher Lessee, its agents. or ils employees will be liable under this paragr:lph lor any ctaim, loss, damage, cost, charge, or expense arising oui of any acl, error, onrrission, or negligent act by the Department or any of its offrcers. agents, or ernployees dur,ing the performance of the Agreement. See addendum. When the Oepartment receives a notice of deim for damages that may have been caused by Lessee in the perlormance of services required under this Agreement, the Department will immediately forwerd the claim lo Lessee. Lessee end lhe Deparlmenl will evaluate the claim and reporl their findings to each other wilhin fourteen (14) working days and will jointly discuss options in defending the claim After reviewing the claim, the Oeparlment will determine whether lo require the participation of Lesgee in the defense ol lhe claim or to require that Lessee defend the Deparlment in such claim as described in thi$ section. The Dep€rtment's failure lo promptly notif Lessee of a clainn shsll not act as a waiver of any right herein to require lhe parliopation in or defense of the clairn by Lossee. The Departmenl end Lessee will each pay its own expenret for lhe evaluation. settlement negotiations, and trial, il any Note: No longer required for local governmenls ! Lessee ig not a Govemmental Agency l-essee shail indemnify, defend, save, and hold hannbss the Department, its agents, o{fcers, and ernployees, from any losses, fines, penalties, costs" damages, claims. demands, surts, and liabilitiee of any nature, lncluding afiorney's fees (including regulatory and appellate feos), arising out of or because of any acte , ac{ion, neglect, or onrission by Lessee, ar due to any accident, happening, or occurrence on the leaeed property or arising in any manner ftom the exerci$e or altempted exercise of Lessee's rights hereunder whelher ihe same regsrds person or property of any nature whatsoever, regardless of lhe apportionment of negtigence, unless due lo lhe sole negligence of the Deparimenl Lesee's obligation to rndemni!, defend, and pay for lhe d€fense or al the Depadmenl's option, to participate. and to a$sociate with the Depadmenl in the defense and trial of any claim and any related setllemenl negotiations, shall be triggered by the Lessor's nolice of claim for indemnilicalion lo Lessee. Lesses's inability to eveluBte liability or its evaluation of liability shall not excuse Lessee's duty to defend and indemnily wiihin seven days after such notice by the Deparlr$enl is given by regislered mail Only an adjudication or judgment after the highest appeal is exhausted specifically ftnding the Oepartment solely ftegligenl shall excuse performance of this provision by Lessee. Lessee shall pey all costs and fees related to this obligation and its enforcem€nl by the Deparlment. The Depertment's tailure to noti! Lessee of a claim shall nol release Lcss€e ol the above duty lo defend. Note: No longer required for local govemmenls. 6. lngur_an-c.e" Lessee at its expense, shall maintain at all limes during the term ol this Agreement, public Iabilig insurance protecting the Deparlmenl and Lessee against any and all claims for injury and damage lo persons and property, and for lhe loss of life or property occurring in" on, or about the land arising out of lhe act, negligenc€, ofiiEs.ion, nonfeasance, or meffeasance of Lessee, ils ernployees, agents, conlraciors, customeB, licensees, afld ifivilees. Such ineurance shall be canied in a minimum amount of nol less than N/A ($ 0@ -. ---) for bodily injury or death to any one person or any number of persons in any one occurence and not less than _IliA.. * ($ 0.00 ___) lor properly damage, or a combrned coverage of not less than .N/A - _ ($ 0.00 __ _ ). All such policirss shall be issued by c€mpanies licensed to do business in the State of Florida and all such policies shall contain a provision whereby the same cannot be canceled or rnodified tunless lhe Depertmeni is given at least sixty (60) days prior wrilten nolice of wch cancellation or modification Lessee shall provide t.' the Oepartmenl cerlificates showing such insurance to be in place and showing the Deparlment as additional insured under the 114 5/5 {DU32 lilcltT 0F 'rltY ?*:T? policies. lf self-insured or under a risk management prcgram, Lessee represenls ihat euch minimum coverage for liability will be provided for the property. NOTE: COLLIER COUNTY lS SELF INSURED. 7 Terminatiqn a. Thrs Agreement may be terminaled by either party wilhout causa upon " Number 7-q. on Paqg Seven' b lt rs understood and agreed to by the Lessce ihat the Deparlmenl reserves the right to terminate this Agreement rmmediately wilhout prior nolice, in the event the Lessee vio{ates any of the condilions of this Agreement and such violalion is nol corrected wilhin a reasonable lime after writlen notioe of noncompliaflce has been given. ln the evenl the Agreemenl is tenninated and the Department deems it necessary to request ihe removal of the lacility ofl the property, the removal shall be accomplished by the Lessee In a manner prescribed by the Department at no e,osl to the Oepartment or the FHWA c. The Lessee musl notify lhe Doparlm€nl of its interrtion to renew this Agreemenl not laterlhan thirty (30) days prior to the expiration of the original term. Lessee's failure to comply wilh the foregoing notice provision may result in ihe Departmenl's refusal lo renew lhe Agreemenl. d. Upon termination of this Agreernent, L€ssee shall deliver the propeny to lhe Department, or its agents, in the conditron existing at the commencement of this Agreement, normal wear and lear excepted, unless a facility, any improvemenl, or any parl thereof has beerr Gonslructed on lhe property. e. lf removal ol the facility, improvements, or any part thereof is requested by lhe Department, any such structures shall be removed by the Lessee at Lessee s expens€ by midnight ol the day of terminalion of this Agreement and the prorcny restored as nearly as practicable f. Thts Agreement is termineble by the Oepartment in th€ €vent thst the facility ceases to be used for its intended purpose or rs abandoned. B Eminent Domain l-essee acknowledges and agrees that ils relationship with the Department under this Agreement is one o{ landlord and tenant and no olher relalionship eilher expressed or imptied shall be deemed to apply to the p€rties under this Agreemenl. Terminatron of this Agreement lor any cause shall nol be deemed a taking under any eminent domain or other law so as to entitle Lessee to compensation for any interest suffered or lost as a result of lerminalion of this Agreemenl, including any residual intsrest in the AEreemenl or any other facts or circumstances arising oul of or in connection with lhis Agresment. Lessee hereby waives and reliflquishes any legal rights and monetefy claims wfrich it rnight have for full eompensalion, or damages of any sorl, including special damages, severan@ damages, removal cosls, or loss of business profits, resulting from Lessee's loss of occupancy of lhe property specilTed in this Agreement, or arry suctr rights, claims, or damages flowirrg from adjacenl properties owned or leased by Lesgee as a resull of Lessee's loss of occupancy ol the propsdy specified in lhis Agreement. Lessee also hereby waives and relinquishes any leg6l rights and monetary claims vrhich it might have for full compenmtion, or damages of any sorl as set out above, as a result of Lessee's loss of oo.upancy of lhe property, when any or all adiaenl properlies owned or leased by Lessee are taken by eminent domain proceedings or sold under the threal lhereof. This waiwr and relinquishmenl appties whether this Agreement is still in existence on the date of laking or sale or has been terminated prior thereto. 9 Miscellaqelus a The airspace and Lessee's rights under this Agreernent shall not be lransferred. assigned, or conveyed lo anolher party without the prior enttlen conssnt of the Oepartm€nt, subiect to concurrence by the FHWA. b ln conformance wlth the CMI Rights Acl of 1964 (-litle Vl, A,ppendix "C") and 49 GFR Parl 21. Lecsee agrees as follows. 1 That as a part of the consideralion hercof, Lessee does hereby @venent and agree as a covenant running with the land that (1) no person, on the ground ol raca, color, s6x, or national origirt shall be excluded from participation in, be denied the beneltts of, or be olheruise subjected to discrimineiion in the uee of said prop€rty and tecility; (2) tnat in connection wilh lhe conslruclion of any improvemenls on said property and facility and the lurnishing of sarvices thereon, no diacriminatbn shall be pradiced in lhe selection of employees and conlractors, by contractom; and (3) lhat the Less€e shell use th€ property and facility in cornpliance wrlh all olher requiremenls imposed pursusnt to 15 CFR Part 8, Subpart A. 2 fhal in the eveni of breach of any of lhe abovo covenanls, the Dspadm€nl shall have the righl to terminale this Agreement and to re-enler and repossess said property and the facility thereon, and hold lhe same as if this Agreement had never been made or issued c During the term of lhis Agreement Le3soe shall, at Lessee's own cost and expenge, promplly observe and comply with all present orfulure laws, requirements, orders, d,rections, ordinancee, and regulstions of the United Slates of America, the State of ;l 1 1A 5ii"660-32 RIGI{I OF WAY ?L."# Florida, county or local governments, or other lawful authorily wfiatsoever, affecling the land, prop€rty, and tacility or appurtenances or any parl thereo{. and of all insurance policies covering the property, land, and facility, or eny part lhereof d, lnaddilionloorinlieuoflhetermsandconditionsconlainedherein,theprovisionsofanyAddondumofevendateherewrth which is idenlified to be a parl hereof is hereby incorporaled herein and made a part hereof by this reference ln the evenl of any conflict between the terms and conditions hereof and the provisions of the Addendurn(s), the provisions of the Addendurn(s) shall control, unless the provisions lhereof are prohibited by law e. This Agreement consliluies the complete and Jinal expression of lhe parlies with respec{ to lhe subiect mattrer hersof and supersedes all prior agreements, understandings, or negotiations with rerpect thereto Any provision hereof found to be unlawful or unenforceable shall be sevsreble and shall not sffecl the validig of the remaining poffons hersof, f Lessee acknowledges that it has revieued this Agreement, is familiar with its terms, and has had adequate opportunity to review this Agreement with legal counsel of Lessee's choosing. Lessee has entered into lhis Agre€ment freely and voluntarily This Agreement conlains the complete understanding of the parlies wilh reepect lo the subjecl matter trereof Afl prior underslandings and agreemenls, oral or wrilten, heretofore made belween the parties andor betureen Lessee and any previous owner of the property and landlord of Lessee are merged in this Agreemenl, which alone, fully and completely express lhe agreement b€tween Lessee and lhe Department with respecl to lhe subjed matler hereof. No modification, waiver. or amqndment of this Agreement or any of its conditions or provisions shall be binding upon the Department or Lessee unless in uriting and signed by both parties g. Lessee shall be solely responsible for all bills for electncity, lighling, power. gas. waler, telephone, and telegraph services. or any olher utility or service used on the property, h. This Agreement shall be governed by the laws oi the Stete of Florida, and any applicable laws of the Uniled States of America i. All notices lo the Oepartmsnl shall be sent to the sddress for r€nl paymenls and all notices lo Lessee shall be sent to the property address provided herein or olhenrise provided in writing to ths D€partment, 8y: Name: Titte: 114 5t5<tu32 NIGHT OF WAY oGC o8,q9 Psg* 5 c{ 7 lN WITNESS WHEREOF, the partiea lr€.Eto have catreed lhe*e presents to bs exec,uted, the day and year first above written. STATE OF FLORIDA TOM HENNING Name: Billv Hattayrray CHAIRMAN Name/Title:Attest: Name: Title: It--,,0leAr- Name: Eztx Feuu, rn *^ ) sigmture only. By: r 1A 575"060.32 RICTIT OF WAY occ 58/09 Pagc 7 cl I ADDENDUM This is an Addendum io that certain Lease Agreement between oollealsuDdlvisbn of the SEte of Elorida aM the State of Florida Deperlmenl of Transportation dated the $la&-,2014.l day of ln addilion to the provisions contained in said Agreement, the folloring lerms and condilions shall be deemed to be a pad lhereof pursuant to Paragraph I (b) of said Agreernenl: The provision 4. l. above is removed and replaced with the following provision: Lessee's use of lhe prcperty includes the use of petroleum products and hazardous materials. Such use may caus€ pollulant or hazardous substance contaminalion ("contaminalbn"). Lessee shall be held responsible for the performance of and payment for any environmental rernedietion thal may arise from any such contaminalion, as detennined by ihe Oepartment, and State. federal and local environmental agencies. Similady, if any contamination either spreads to or is relea$ed onto adjoining property as a resuh of Lessee's use of the airspace under lease, lhe Lessee shatl be held aimilarly responsib,le. The Lessee ehatl indemnify, defend, and hold harmless the Department from any claim, loss, darnage, cosl, charge, or exp€nse arising oul ol any such contamination Number 7.9.: ln the event terminalion of this Airspace Agreement is necessitated by the Depaflment's need to utilize its Right of Way, or in the event of a declared national or stale emergency. or if there exisls a safeg or operational probbm in regard lo the Righl of Way, oI if a structural problem arises ln regsrd to the Lessees'improvements, the perties shall lointly agree to a reasonable terminalion date. STATE OF FLORIDA Name TOI\'1 HENNING Neme; Billy Hattaway CHAIRMAN Attesl: Name/Title: The Board of County Commissioners of TRANSPORTATION By Tle lLt C-LEQ-\* and legality *J Neme:8."1 Fznn, ,rr - r\ Altest: Namei Trlle: 114 FP NO . 200'746-2 SECTTON 03075-2402 PARCEL 5OO COLI,IER COTJNTY LEASE PARCEI, A parcel of land in Section 1, Township 50 South, Range 32 East,Collier County, Florida being more particularly described as follows: Commence at the northeast corner of Section 1, Township 50 Sout.h, Range 32 East, Collier County. Florida; thence SouLh 03o18,26,East along the east line of said Section l" and the eaet Iine of Range 32 East a distance of 300.52 feet. to the existing limited access right of way line of State Road 93 (I-75) as shown on Florida Department of TransporEation Right of Way Map Section O3O7S-2402, thence continue aLong said limited access right of way line South 03018'26,, East a dieEance of 213.34 feet; thence South 7o"o7'24" wesE along said limite<l access right of way line a distance of 553.88 feet to Lhe POINT OF BEGINNfNG; thence continue South 7Oo 07 ' 24', WesE. along said 1i_mited access right of way Line a di.stance of 51.68 feet; thence departi.ng said limited access right of way rine south g9'59'45" west a distance of 219.54 feet; Lhence North OOo0O'14,rWest a distance of 90.55 feet; thence Solrth 89o59r46" West a distance of 15.01 feet;thence North 00a15r54rr West a distance of 240.90 feet; thence NorEh 89o59'46I' Eaat a distance of 2A4.35 f eet,. thence South 00000r14,'East a distance of 313.99 feet t.o the said limited access right of $ray line and t,he POINT OF BEGINNING. Containing 2.).tg acres, more or less. 527 5 Page 1 of 2 E SECTION 1 I I I @t mo z-1 z^ Za o v 3 tr z m >m nx m:i 6z E =E = tr:l a zfr mo t ..it, ,/-..d6?J! -€]'rX / aor^^ \oor"u ,, l-" c4sr Slement Drrcc'.ion rrSlanc e -NE 1 s 70. 07' 24" W ) t o5 N 00" 00' 1a'w r.- NE l s tl9'59'46" )iv 15 01 FLORIDA DEPARTMENT OF TRANSPORTATION PARCEL SKETCH - NOT A SURVEY STATE ROAD NO. 9l (l-75)COLLIER COUNTY i ., I nor, l;it;;mry I ---------.iFDo'r I:::Y- Bi.WN ff * oncwri i trtv I l-rs-zo ro l__.......... . __ . __ _ .l , .i:.y.-_ ll.-1- cxecreo I M^c | ,.,o.roro I F.P. NO 200745-2 SECTION 03075-2402 i plCe Z Of Z 11 EXHIBIT B - Schcdule of Direct Capital Expenses and Annual Funding Schedule Item/Work Estimated Budgeted Amount for Capitaland O& M Action/Milestone Estimated Eudget Annual 3.5 Paramedics Hired (includes uniforms and protective clothing) Annual9.5 Fire Fighters Hired - Uniform/Gear noted below, Will include Budget Analyst support. Annual Adm inll ndirect/800mhz Maintenance and lT account support charges Annual Building Maintenance after Warranty Estimated including generator Annual Bulk Fuel on-site- estimated includes trucks and station generator original fill and estimated annual consumption Annual Canaldive and water search and rescue equipment, haz-mat absorbent and response, minor medical. disposables, and FF Foam Annual HazlMat-Mut/Aid Contg s389,000 $833,000 S12,ooo s4,500 512,ooo Department- Collier County Interlocal Agreemcnt 20 I s16,000 S12,soo Annual lnsurance-All Coverage- Estimates for Workers Comp, Facility, errors and omissions, malpractice, portable equipment and environmental estimated (includes Flood and Builders Risk which may be deemed not needed) ((Original quote has vehicles slightly below current estimates)) Annual Minor office supplies Annual Minor station supplies Annual Phone, Data, Electric,est,(Water Sewer included in site lease provided by FDOT Rest Area systems) Annual Vehicle and Small Equipment and compressor, Maintenance, Repair, SCBA testing/certification and calibration- Most items under warranty year 1. Capital4wd Crew Cab Brush/Squad minor hand tools and 1 mobile radio, Florida Fleet Sheriff's Bid estimate. s208,000 ssoo S1,zoo s7,600 s1,8oo s126,000 Depamment- Collier County lnterlocal Agreement 21 ItA l:.t Capital- ALS Heavy Rescue Apparatus turnkey fu lly equipped, equipment mounting, less medical and canal rescue supplies include (1) mobile radio. Florida Fleet Sheriff's Bid estimate Capital Fire Fighting Water Tender, turnkey fully equipped, equiprnent mounting, less medical, canal rescue and firefighting bulk foam. Includes l mobile radio. Florida Fleet Sheriff's Bid estimate. Capital Protective Clothing/Uniform, minor safety equipment estimated fire-fighter(s) only. CapitalStation Fur, Fix, Equip, Computers, commissioning supplies, aviation and wildfire weather system interoperable with FDOT Traffic Management Capital Station tools, hose racks, compressor. S9o8,5oo Sqos,goo Sgt,ooo $29,750 s1,600 Capital4wd Crew Cab Pick- up/QRV, Florida Sheriffs Bid Estimate Capltal4wd Off-Rd UTV Florida Sheriff's Bid Estimate s41,000 S19,zoo DepartmeDt- Collier County Interlocal Agreement 22 t1&4. 't Capital Base Station Mobile and Portable Radios pagers and 911CAD programming Locution@ Sheriff-911 automated dispatch notlfication Capital Breathing Air Compressor for re-filling Fire fighting Self Contained Breathing Apparatus and on- board compressed air equipment tanks Capital Hean Monitorc/Med Supplies, estimated. County Contract(s) Contracted Services- Ea rly Commencement- Reserve Apparatus (Rental/Lease from Vendor) 9-12 mos while awaiting production of apparatus a bove -estimated. 520,225 S+s,ooo s108,000 S2s,ooo Department- Col I ier Co unty I nterlocal,{greement 23 1 1A '-'r; il EXHIBIT "C'' STATE FINANCIAL RESOURCES AWARDED TO AUTHORITY Financial Management Number: 435389-1-94-01 SUBJECT TO SECTION 215.97. FLORIDA STATUTES: State Project: - State Awarding Agency: Florida Department of Transportation Catalog of State Financial Assistance (CSFA) Number: 55.036 Amount of State Financial Assistance: $ COMPLIANCE REQUIREMENTS APPI,ICABLE TO STATtr RESOURCES AWARDED PURSUANT TO THIS AGREEME,NT ARE AS FOLLOWS: Q-bj-9-ctryeS_Slthg fuqiggg Construct a Fire Station for the bcnefit of thc travelling along lnterstate 75 and surrounding counties. Reimburse a county or another local govemmental entity tbr the direct actual costs of operating such Fire Station. Project Restrictions: Department' Collier County Interlocal Agreement 24 IlS W BXHIBIT D. RESOTUTION OF COUNTY RESOLI.ITION 2OI4-71 A RESOI,UI'ION OI'THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY ['LOI{IDA, AUTHORIZING ITS CITAIRMAN Tt) EXECUTE AN INTERLOCAL AGREEMENT AND AN AIRSPACE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") PROVIDING FOR THE LEASE OF A F'IRE STATION FROM THE FDOT AT MILE MARKER 63 ON ALLIGATOR ALLEY IN COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of Collier County, Florida, finds it is in the public's interest to enter into an Interlocal Agreement and an Airspace Agreement with the Irlorida Department of 'l'ransportation allowing l-or the lease of a llre station located at the mile marker 63 rest area on Alligator Alley in Collier County, Florida to allow emergency vehicles to provide a faster emergency response time to the public; and WHEREAS, the propertv to be leased to Collier Count,v under the Airspace Agreement is tbr the public purpose ol operating a lire station that will include personnel ard equipment capable of providing rescue and emergency medical services to motorists travelling on Alligator Alley (l-75); and WHEREAS, the Interlocal Agreement sets lbrth the terms, conditions and rcsponsihilities of FDOT and Collier County with respect to funding for the tire station, the respectivc duties of the parties to provide services at the mile marker 63 fire station snd other such matters; and WIIE,REAS, the Collier County Board of Commissioners agrces to maintain the fire station and any encompassed structures or amenities in accordance with the terms and conditions of the Airspace Agreement. NOW, THEREFORE, tsE IT RESOLVED BY TIIE BOARD OF COUNTY CON,IMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Department- Collier County lnterlocal Agreement 25 L I lA The Collier County Board of Commissioners approves and authorizes its Chairman to sign the Interlocal Agreement and the Airspace Agreement with the FDOT. A cenified copy of this Resolution shall be fbrwarded to FDOT along with thc Interlocal Agreement and Airspace Agreemenl Ibr execution by FDOT. THIS RESOLUTION ADOPTED atter rnotion, second, and rnaiority vote tavoring same, Hil 2 this ?t"\r day of Bqr. \ ,2014, A1 TEST: Approved as:ib lbrm and legalfy- ^ I 5*lt(J^\- SCOTT R. TEACH DEPUTY COUNTY ATTORNEY BOARD OF' COLTNTY COMMISSIONERS COLLIER COUNTY, FI,ORIDA BY: Department- Collier County Interlocal Agreement 26 rutJrt rt io Ctrainnan's ":o':'