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Agenda 02/28/2017 Item #16E 702/28/2017 EXECUTIVE SUMMARY Recommendation to approve a budget amendment in the amount of $68,818.64 to re-appropriate funds previously approved in Fiscal Year 2015/2016 from the GAC Land Trust to reimburse the Greater Naples Fire & Rescue District for equipment to retrofit previously acquired vehicles with firefighting apparatus. OBJECTIVE: To allow the Greater Naples Fire Rescue District (District) to be reimbursed from the GAC Land Trust. CONSIDERATIONS: On May 27, 2014 (Agenda Item 16E4), the Board approved an Agreement and a budget amendment to provide $150,000 to assist the District in purchasing equipment to retrofit several vehicles which were acquired by the District. Prior to FY 16, the District was reimbursed for invoices which totaled $76,272.15. However, no funds were expended in FY 16 since the District did not submit any invoices. The attached Budget Amendment will provide the District with $68,818.64 for the outstanding invoices and will conclude this reimbursement process. FISCAL IMPACT: The $68,818.64 is available in GAC Land Trust - Land Sales (Fund 605), Reserves for Future Construction and Improvements. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this action. LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for Board action. - JAB RECOMMENDATION: To approve a budget amendment to re-appropriate $68,818.64 from the GAC Land Trust for retrofitting fire vehicles. Prepared By: Michael H. Dowling, Senior Property Management Specialist, Facilities Management Division ATTACHMENT(S) 1. GAC Greater Naples Second Amendment to Agreement (PDF) 16.E.7 Packet Pg. 1046 02/28/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.7 Doc ID: 2707 Item Summary: Recommendation to approve a budget amendment in the amount of $68,818.64 to re-appropriate funds previously approved in Fiscal Year 2015/2016 from the GAC Land Trust to reimburse the Greater Naples Fire & Rescue District for equipment to retrofit previously acquired vehicles with firefighting apparatus. Meeting Date: 02/28/2017 Prepared by: Title: Property Management Specialist, Senior – Facilities Management Name: Michael Dowling 02/07/2017 4:22 PM Submitted by: Title: Division Director - Facilities Mgmt – Facilities Management Name: Dennis Linguidi 02/07/2017 4:22 PM Approved By: Review: Facilities Management Dennis Linguidi Additional Reviewer Completed 02/07/2017 5:00 PM Facilities Management Toni Mott Additional Reviewer Completed 02/08/2017 2:46 PM Administrative Services Department Michael Cox Level 1 Division Reviewer Completed 02/09/2017 11:07 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 02/09/2017 11:18 AM Administrative Services Department Len Price Level 2 Division Administrator Review Completed 02/15/2017 6:19 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/16/2017 8:25 AM Office of Management and Budget Laura Wells Additional Reviewer Completed 02/16/2017 9:31 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/16/2017 2:40 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/19/2017 11:43 AM Board of County Commissioners MaryJo Brock Meeting Pending 02/28/2017 9:00 AM 16.E.7 Packet Pg. 1047 SECOND AMENDMENT TO AGREEMENT Tr{ls sECoND AM}"NDMENT To AGREEMENT (Amendment) enrered into this Z/K{-w,2016,byandbetweenGREATERNAPLEsFIREANDREsCUEDISTRICq fOTMCTIY i"'O*N AS GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT, ASpccial District created try Laws of.Ilorida , Chapter 77_S3S, as amended (hereinafterreferred to as the "District"), whose mailing address is r+sis collier Boulevarcl, Naples, Florida34119, and cOLLIFR couNTy, A P0LITICAL suBDIVIsIoN oF THE srATE oFFL0RIDA (hereinafter referred to as "CouflU"), whose mailing addr:ess is c/o Real property Management, 3335 Tamiami rrail East, suite r'of, Naples, Florida 34llz. WITNESSETH WHEREAS,. the County and District have previously entereil into an Agreementdated May 77,2A14, and an Amendment to Agreement dated June 9, 2}ls,collectively hereinreferred to as 'oAgreement," for the District ti use funding derived from a l9g3 Agreementbetween Avatar Properties Inc., f/k/a GAC Properties for thi purchase of firefighting apparatusto retrofit existing trucks; and WHEREAS, due to detays in the availability of the apparatus, the County and theDistrict are desirous of amending said Agreement to extend thc Disirict's ixpenditure deadline; and NOW THEREFORE, in consideration of the covenants and agreements providedwithin the said Agreement, and Ten Dollars (S 10.00) and other valuable consideration, the Partiss agree as follows: 1. The foregoing Recitals are true and correct and are incorporated by reference herein, 2 Section 4 (c) of the Agreement, which is attached hereto and made a part hereof this Amendment, is hereby amended as follovvs: 1'hc Equipmcnt shall be purchasctl by rhe District by July-+f-*+16 &nuary_ll20li. In tire cvsrt rhat the iquipment is not purchased by ihe District by the aforementioned date, it is understood and agreed by the parties that the District shall refund Td puy to County, within thirty (30) days of written notice to District,any and all Funds which have been provided to the District pursuant to theprovisions of this Agreemenr. 3' Excepl as expressly provided herein, the said Agreement between the County and Districtremains in full force and effect according to the terms and conditions contained therein, and saidterms and conditions are applicable hereto except as expressly provided otherwise herein. /& r^@ 16.E.7.b Packet Pg. 1048 Attachment: GAC Greater Naples Second Amendment to Agreement (2707 : GAC Land Trust Budget Amendment for Greater Naples Fire Rescue IN WITNESS WHEREOF, the District and County have hereto executed this SecondAmendment to Agreement the day and year first above written. 3λ 搬I灘 lL虹 ―― AS TO CoUNTY: DATE》∠塑平 θ/み でノ_色 GREATER NAPI″ES FIRE AND RESCuE 町協 滋 BOARD OF COUNTY COMMISSloNERS COLLIER COUNTY,FLORIDA A FIALA,ChainIIan Lpprcved as to fbrrn arrd lcgaiity: cOu再 〆ツパ DISTRICT Secret[ry SItた だ 3続 聯す轟通αttk 16.E.7.b Packet Pg. 1049 Attachment: GAC Greater Naples Second Amendment to Agreement (2707 : GAC Land Trust Budget Amendment for Greater Naples Fire Rescue AGREEン ENT THIS AGREEME N't' made this Z -7 D day of ,2014 bctwecn thc GOLDENCATE Π tt CoNTROL&RESCUE DISTRICT,…品 Li」し,~島 薔 J瓦 1百 五chapler 77-535, us rmended, (hcreinafur referrcd ro as lhe "Disuict") whose mailing address is 4741 Golden Gate Parkway, Naples, Florida 341l6-690t and COLLIER COUNTY, A POLITICAL SUBDMSION OF THE STATE Of FLORIDA, whosc mailing address is c/o ll,eal propcrty Managemcnt 3335 lamiami Trial Easq Administration Building, Naplcs, Florida 341l2 (hereinafter relbrred to as the "County"). WIIEREAS, County has acquired 1,061.5 acres, located in Collisr County, Irlorida (hcrcinafter refened to as "Propenyr'), from Av&lar Propertics Inc. flUal GAC Propenies Inc. in accordance with the November 15, 1983 Agrecment between Avatar Properties lnc. and Collier Counry, (hereinafler refcned lo as the " 1983 Agreenent"); and WI'IEREAS, pursuanl to the 1983 Agreemcnl, the Property deeded to the Counly and/or the monetary proceeds ac<;uired from thc subscquenl salc of said Propeny are lo be used to providc govcmrnental facilities within and for the geographical rrea known as "Golden Cate Eslales"; and WHIllt[AS, thc County currently has funds derivcd from the use and/or sale of a portion of the abr)ve-dcscribed Propcrtyi and WHEREAS, thc Counly has determined that a disbursement of a portion of'said funds to the District is in ascordance with the intent ofthe provisions olthe 1983 Agreem€nt and aecomplishes thc purposes ol'said 1983 Agreement by providing funds lbr purchasing equipment ('Equipment') to outtit alrcady acquircd trucks by the District in order to have lhem operalc as fire fighting apparatus; and WIIEREAS, Avata, Properries Inc. has provided its consent on April 15, 2014 lo the County for the use of I'unds dcrived frotn the sale of Propcrty to acquire the Equipment. NOW Tl IFjREITORE, in considerarion of rhe above recitals, which arc incorpomtcd herein and made part ol'this Agreemcnt, and in lunher consideration of the mutual covenaDts sel fonh below. and orhcr goorJ and valuable consi<Jcrarion, acknowiedged by the panics to be suflicient, just snd adeguatc' thc parlics hcreto do tgrec as fo)lows: L Thc County hcrcby agrecs lo reimburse a maximum ol One Hundrcd Fifty 'l}ousand Dollars ($150,000.00) ol'rhe totql funds to be expendcd by the District for purposes hereinaller statcd, (hercinafter rcferred to as the "Funds"), in accordance wilh the terms and conditions ofthis Ag,reement, provided said Funds are Io be used solely for the purpose ol purchasing the necesssry Equipment. 2. ',lhe District agecs and wananrs thst the [quipment purchascd with fie Funds shall be uriliz.ed solcly by the Disnict for thc primary purposes ol' combating fires that .may. thrcatcn the residents and- thi orea of Golden Gale Estatcs and said Equipment shall be bascd and slationed at'Si.,i"" Zf,localed on l3h Stroct SW, Naples, Floridq or Station 72, located on 3E20 Beck Boulevard, Naoles- Fiorida, or located at anolher station deemed necessary by the Districr in order lo rcspond ";i:-k; i";;;;*encies within its bounderies. In addition, District agrees said Equipment shall be ir"i. ir"lrJi" tI any and all fire districts located within the Golden oate Estatcs area, so long as the primary usc is lor tire control lvithin those boundaries. り′. ′| ・・/16.E.7.b Packet Pg. 1050 Attachment: GAC Greater Naples Second Amendment to Agreement (2707 : GAC Land Trust Budget Amendment for Greater Naples Fire Rescue 3. lhe Districr hereby agrees lhar the purchuse ol'the Equipmenl. has been or shall be in accordance with alt applicable bidding or orher requirements I'or the procurement of property and services as set lonh in chapter 287. Florida sratutes, and such other staturcry provisions as may apply. The Dislrict hereby agrees that thc purchase of the Equipment shell be conductcd in a manner consislent with the Board ol'Counry Commissioner's purchasing policy and in proper coordination with the County's Purchasing Dcpartment prior to the ordering or receiving of any goods or serviccs purchascd under this Agreement. In thc event ol'a confljcr, the most strict provision shall apply. 4, Payment of the Funds for the Equipment shall be in accordance with the following procedure: Afler purchasing the Equipment by the District, the District shall dcliver to Real Property Managemcnt any and all invoiccs lor said Equipment, cleatly stating the purpose of said invoices and indicating that the invoiccs have bcen paid in full. Within thirty (30) days after receipl and approval of the above-described documents and verificarion that all invoices have bccn paid in full by the District, if not already provided, a check issued by the County lor payment shall be prepared and made payable to the District and shall be fonvardcd directly to the Districl by the County ln no way, shall the total amount to be paid exceed $150.000. The Equipment shall be purchascd by the District within twclve (12) monlhs ol'the execution ol the Agreement by both parties. ln the event lhat the Equjpment is not purchased by the District within twclve ( 12) months from thc execution of this Agreemcnt, it is understood and agreed by dre parties thal ihe Disrrict shall refund and repay to County, within rhirty (30) days, any and all Funds which have been provided to the Districl Purcuant to the provisions of this Agrcement. ll thc District obtsins any monies as a gifr, contribution or reimbursement, through any grant prograrn, pcnaining to the purchase ol said Equipment, such gift, contribution or ieimburremenr siratt Ue, wirhin ten (10) days of receipl by District, lorwardcd to the Board ol County Commissioners for deposit inio Ihe GAC Land Trust Account os reimbursemenl of Funds providcd for by this Agreement. District agrees to Prepare and submit the appropriate granr applications whereby ,erification of such aPplication, and its approval or denial, shall be lrouidcd to thc Coutlty Y'iihin thirty (30) days ofsubminal arxyor rcceiPt' b) d) e) The Districr covenarlls and agrecs that upon the palment of all or.any portion from the funds in accorclance with the obilgation coniained in this Agreemcnt it shall be thc,l'unher obligation ol'rhe t)islricl to pay anyiemaining balance required to complele the Purchasc ol'the Equiprnent. 5. thc District covenanrs and agrecs lhat this ASreement is solely between the co.unty snd lhe Distdcr and, although the County shallreimburse the District for all or only a Portion ofthe lrufds ,, U"f,Af of the Disrri-ct, the Couniy shall have no direcl or indirect liability to any vendors of thc Equipment or any other third pany rcsulting from this Agrcement' 16.E.7.b Packet Pg. 1051 Attachment: GAC Greater Naples Second Amendment to Agreement (2707 : GAC Land Trust Budget Amendment for Greater Naples Fire Rescue 6. District agrees to prolect, dcfend, indemnify and hold the County harmless from any and all claims, sclions, causes ol action or liabilities including attomey's fces and costs arising from or in any way connecled with the use of lhe l-unds or the selection, purchase, dolivery or use of the Equipment, its agents, cmployees, or in any way related lo the use ofthe Equipment by the District, its agenrs, employees or any third parly. 7. Thc District understands and agxees that the Funds to be provided to the District in accordance with the tcrms of this Agrcement havc been derived from and are being provided solely for the sale and/or uss of a portion ol' the Propcny conveyed to the County pursuant to the 1983 Agreemcnt administcrcd and managcd by the County for the CAC Land Trust and that such Funds arc cuffently in County Fund 605- 122390 ('l'he GAC Trusl Lend Sales Fund). 'fhe District fimher understands and agrees that no ad valorem taxes, rcvenues or moneys lbrm orher sources have bcen commilled or will be committed by the Collier Counly Board of County Commissioners lor thc purposcs sct tbrth in this Agreement. 8. In rhe evcnr that the Equipment ceases to be utilized by the Districl as described in Paragraph 2, or ifthc Equipmenl ceases to bc used in accordance with lhc terms of this Agrcemenl, thc Disrrir:r'agrees thal lhe Disrrict shalt pay to the Cou,rty, within thirty (30) days, ru alnounl equal to the lair market value of rhe Equipmcnr as of thc date the Equipment ceases to be used by lhe District as described in Paragraph 2 or the date the Equipment caluot to be used in accordancc with this Agreement. l'he fair market value shall be determined by a third pany, selsctcd bythe County, who is determined to be qualitied to establisb the valuation of the Equipment. If the District rcnd9rs the Equipmenl as obsolete or non{'unctional as a result ofusc and/or age or newer technology, the District will 6e allowed to tradc-in or sell the equipmenl and use any proceeds towards any futule equipment or supplies that rvoultl bencfit the residents of Golden Cate Estates. 9, This Agreemenl is govemed and construcd in accordancc witir the laws of the State tll' Fbrida. 10. Any notice requircd by this Agrcement shall be uddressed lo lhe panies at the address set lbrrh bclow: IF TO THE COUNTY: Collier CountY c/o R€al PropertY Management 3315 Tamiami 'l rail East NoPlcs. Florida 341 I 2 IF TO THE DISTRICT: Colden Gate Fire & Rescue District I 4575 Collier [Joulevard NaPles, Florida 341 l9 12.ThisAgrcementrepresentstheentireAgrccmentbetweenthepanies'and.nopromise' representation, warr{rnty "t .r;;;;i noi inttuAta- in this Agreemenl -or ?ury such referenced asrecmenls has been o, i, xing ;lie; upon by either party No modification or amendment of this l';;ilH il;i;;',j:;.v ;;;" ;;-;dfi unie" made in writing and cxecured and dated bv both panies. 16.E.7.b Packet Pg. 1052 Attachment: GAC Greater Naples Second Amendment to Agreement (2707 : GAC Land Trust Budget Amendment for Greater Naples Fire Rescue lN WIINESS WHEREOIT, District and County have caused this Agrcsmcnt to be duly exccuted on the day and year lirst abovc wriuen. AS TO COUN『Y: 1)ATED: ´ Approvcd as to lbrm and legality:/BOARD OF COUNTY COMMISS10NERS COl′LIER COUNTY,FLORIDA 、 計 、ざ ″ GOLDEN GATE (print nome) た面 ぽ 圧 Belpedi Assistant CountY Att Dα ∥ノよイh′ハ__ 16.E.7.b Packet Pg. 1053 Attachment: GAC Greater Naples Second Amendment to Agreement (2707 : GAC Land Trust Budget Amendment for Greater Naples Fire Rescue