Agenda 09/23/2014 Item #16E109/23/2014 16.E.10.
EXECUTIVE SUMMARY
Recommendation to execute an Agreement and authorize a Budget Amendment
in an amount not to exceed $62,000 from reserves in the Golden Gate Estates
Land Sales Trust Fund to provide Big Corkscrew Island Fire Control and Rescue
District funding for the purchase of eight mobile data terminals, installation and
technical support and software update for a Station Alerting System.
OBJECTIVE: For the Board to approve an Agreement between Collier County, a
political subdivision of the State of Florida, by its Board of County Commissioners
(Board), and Big Corkscrew Island Fire Control and Rescue District (District) for funding
the purchase and installation of ancillary equipment and software update related to the
Station Alerting System purchased by the Collier County Sheriffs Office for all of the
County's Fire and EMS locations, and to approve a Budget Amendment in an amount
not to exceed $62,000 to be withdrawn from the Fiscal Year 2015 budget.
CONSIDERATIONS: On November 15, 1983, Avatar Properties Inc. and Collier County
entered into an Agreement (1983 Agreement) that dedicated 1,061.5 acres of property
in Golden Gate Estates to the County. The dedication came with the stipulation that the
land itself or money derived from the sale of the land would be used by the Board for
purposes directly beneficial to the residents of Golden Gate Estates, i.e., fire and police
protection facilities and services, public schools, libraries and recreational facilities. The
1983 Agreement also provided that all capital improvements must be physically located
within the geographical boundaries of Golden Gate Estates.
At the July 28, 2014 regular meeting of the Golden Gate Estates Land Trust Committee
(Committee), the District made a presentation to the Committee and requested funding
for the installation, software update and technical support contract for the Station
Alerting System ('System'), which has been purchased by the Collier County Sheriff's
Office for each of the County's Fire Stations and EMS locations. In addition, the
Committee supported the District's request to purchase 8 Mobile Data Terminals that
will also support CAD (Computer Aided Dispatch) System upgrades. The combined
purchases will result in a more rapid dispatch of emergency calls, auto population of
updates to calls while units are en route and will allow for a reduced response time for
emergency personnel and apparatus.
The Committee voted unanimously (4 -0) to approve the funding request for an amount
not to exceed $62,000. With this vote, the Committee recommends that the Board of
County Commissioners approves the funding request made by the District.
The Agreement has been reviewed and approved by the County Attorney's Office and
Avatar Properties, Inc. has provided its approval for the disbursement of the funds as
required by the 1983 Agreement.
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FISCAL IMPACT: A total allocation of an amount not to exceed $62,000 shall be
withdrawn from the reserves of the GAC Trust Fund Land Sales, Fund 605 to cover the
award.
GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth
Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires
a majority vote for Board approval. — JAB.
RECOMMENDATION: That the Board of County Commissioners approves the attached
Agreement providing for funding in an amount not to exceed $62,000, and authorizes its
Chairman to execute the attached Agreement and authorizes the necessary Budget
Amendment for funds to be withdrawn from the Fiscal Year 2015 Budget.
PREPARED BY: Michael H. Dowling, Senior Property Management Specialist, Real
Property Management, Facilities Management Department.
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9/23/2014 16. E.10.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.10.
Item Summary: Recommendation to execute an Agreement and authorize a Budget
Amendment in an amount not to exceed $62,000 from reserves in the Golden Gate Estates
Land Sales Trust Fund to provide Big Corkscrew Island Fire Control and Rescue District funding
for the purchase of eight mobile data terminals, installation and technical support and software
update for a Station Alerting System.
Meeting Date: 9/23/2014
Prepared By
Name: DowlingMichael
Title: Property Management Specialist, Senior, Facilities Management
9/8/2014 11:09:42 AM
Submitted by
Title: Property Management Specialist, Senior, Facilities Management
Name: DowlingMichael
9/8/2014 11:09:43 AM
Approved By
Name: pochopinpat
Title: Administrative Assistant, Administrative Services Division
Date: 9/9/2014 4:05:45 PM
Name: MottToni
Title: Manager - Property Acquisition & Const M, Facilities Management
Date: 9/10/2014 10:14:08 AM
Name: CampSkip
Title: Director - Facilities Management, Facilities Management
Date: 9/11/2014 10:40:04 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
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Date: 9/11/2014 1:51:31 PM
9/23/2014 16.E.10.
Name: PriceLen
Title: Administrator - Administrative Services, Administrative Services Division
Date: 9/11/2014 5:20:05 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 9/12/2014 9:13:23 AM
Name: KimbleSherry
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 9/12/2014 4:49:47 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/12/2014 4:57:56 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 9/13/2014 2:16:23 PM
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9/23/2014 16.E.10.
AGREEMENT
THIS AGREEMENT made this day of , 2014, between
the BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICT, a Special District
created by Laws of Florida, Chapter 77 -535, as amended, (hereinafter referred to as the 'District')
whose mailing address is 13240 Immokalee Road, Naples, Florida 34120, and COLLIER COUNTY,
A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA (hereinafter referred to as 'County'),
whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112.
WHEREAS, County has acquired 1,061.5 acres, located in Collier County, Florida (hereinafter
referred to as 'Property'), from Avatar Properties Inc., f/k/a/ GAC Properties Inc., in accordance with
the November 15, 198' ) Agreement between Avatar Properties Inc. and Collier County, (hereinafter
referred to as the ' 1983 Agreement'); and
WHEREAS, pursuant to the 1983 Agreement, the Property deeded to the County and/or the
monetary proceeds acquired from the subsequent sale of said Property are to be used to provide
governmental facilities within and for the geographical area known as `Golden Gate Estates'; and
WHEREAS, the County currently has funds derived from the use and/or sale of a portion of the
above- described Property; and
WHEREAS, the District has requested funding for the reimbursement cost of the installation,
software update and technical support contract, for the Station Alerting System, and for the
reimbursement of purchasing eight Mobile Data Terminals that will support CAD System upgrades,
hereafter collectively referred to as 'Equipment.' The main component of the Station Alerting Systems
(hereafter referred to as 'System') has been purchased by the Collier County Sheriffs Office for each
of the County's Fire and EMS Stations. The System is a computer- generated dispatch system that will
result in a more rapid dispatch of emergency calls and will allow for a reduced response time for
emergency personnel and apparatus; and
WHEREAS, the County has determined that a disbursement of a portion of said funds to the
District is in accordance with the intent of the provisions of the 1983 Agreement and accomplishes the
purposes of said 1983 Agreement; and
WHEREAS, Avatar Properties Inc. has provided its consent on August 5, 2014 to the County for
the use of funds derived from the sale of Property to acquire the Equipment.
NOW THEREFORE, in consideration of the above recitals, which are incorporated herein and
made part of this Agreement, and in further consideration of the mutual covenants set forth below, and
other good and valuable consideration, acknowledged by the parties to be sufficient, just and adequate,
the parties hereto do agree as follows:
1. The County hereby agrees to reimburse a maximum of Sixty -two Thousand Dollars
($62,000.00) of the total funds to be expended by the District for purposes hereinafter stated,
(hereinafter referred to as the "Funds "), in accordance with the terms and conditions of this Agreement.
2. The District agrees and warrants that the Equipment shall be utilized solely by the District in
conjunction with the System in order to reduce response times of emergency calls from the residents in
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the area of Golden Gate Estates, and said Equipment shall be based and stationed at Big Corkscrew
Island Fire Control and Rescue District, 21520 Immokalee Road, Naples, Florida 34120.
3. The District hereby agrees that the purchase off the Equipment has been or shall be in
accordance with all applicable bidding or other requirements for the procurement of property and
services as set forth in Chapter 287, Florida Statutes, and such other statutory provisions as may apply.
The District hereby agrees that the purchase of the Equipment shall be conducted in a manner
consistent with the Board of County Commissioner's purchasing policy and in proper coordination
with the County's Purchasing Department prior to the ordering or receiving of any goods or services
purchased under this Agreement. In the event of a conflict, the strictest provision shall apply.
4. Payment of the Funds shall be in accordance with the following procedure:
a) The District shall deliver to Real Property Management any and all invoices, clearly
stating the purpose of said invoices and indicating that the invoices have been paid in full.
b) Within thirty (30) days after receipt and approval of the above - described documents and
verification that all invoices have been paid in full by the District, if not already provided,
a check issued by the County for payment shall be prepared and made payable to the
District and shall be forwarded directly to the District by the County. In no way, shall the
total amount to be paid exceed $62,000.
c) The Equipment shall be purchased and installed by the District within eighteen (18)
months of the execution of the Agreement by both parties. In the event that the
Equipment is not purchased by the District within eighteen (18) months from the
execution of this Agreement, it is understood and agreed by the parties that the District
shall refund and repay to County, within thirty (30) days, any and all Funds which have
been provided to the District pursuant to the provisions of this Agreement.
d) If the District obtains any monies as a gift, contribution or reimbursement, through any
grant program, pertaining to the purchase of said Equipment, such gift, contribution or
reimbursement shall be, within ten (10) days of receipt by District, forwarded to the
Board of County Commissioners for deposit into the GAC Land Trust Account as
reimbursement of Funds provided for by this Agreement. District agrees to prepare and
submit the appropriate grant applications whereby verification of such application, and its
approval or denial, shall be provided to the County within thirty (30) days of submittal
and/or receipt.
e) The District covenants and agrees that upon the payment of all or any portion from the
Funds in accordance with the obligation contained in this Agreement it shall be the
further obligation of the District to pay any remaining balance required to complete the
purchase of the Equipment.
5. The District covenants and agrees that this Agreement is solely between the County and
the District and, although the County shall reimburse the District for all or only a portion of the Funds
on behalf of the District, the County shall have no direct or indirect liability to any vendors of the
Equipment or any other third party resulting from this Agreement.
6. District agrees to protect, defend, indemnify and hold the County harmless from any and
all claims, actions, causes of action or liabilities including attorney's fees and costs arising from or in
any way connected with the use of the Funds or the selection, purchase, delivery or use of the
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Equipment, its agents, employees, or in any way related to the use of the Equipment by the District, its
agents, employees or any third party.
7. The District understands and agrees that the Funds to be provided to the District in
accordance with the terms of this Agreement have been derived from and are being provided solely for
the sale and/or use of a portion of the Property conveyed to the County pursuant to the 1983
Agreement administered and managed by the County for the GAC Land Trust and that such Funds are
currently in County Fund 605- 122390 (The GAC Trust Land Sales Fund). The District further
understands and agrees that no ad valorem taxes, revenues or moneys from other sources have been
committed or will be committed by the Collier County Board of County Commissioners for the
purposes set forth in this Agreement.
8. In the event that the Equipment ceases to be utilized by the District as described in
Paragraph 2, or if the Equipment ceases to be used in accordance with the terms of this Agreement, the
District agrees that the District shall pay to the County, within thirty (30) days, an amount equal to the
fair market value of the Equipment as of the date the Equipment ceases to be used by the District as
described in Paragraph 2 or the date the Equipment cannot to be used in accordance with this
Agreement. The fair market value shall be determined by a third party, selected by the County, who is
determined to be qualified to establish the valuation of the Equipment. If the District renders the
Equipment as obsolete or non - functional as a result of use and/or age or newer technology, the District
will be allowed to trade -in or sell the equipment and use any proceeds towards any future equipment or
supplies that would benefit the residents of Golden Gate Estates.
9. This .Agreement is governed and construed in accordance with the laws of the State of
Florida.
10. Any notice required by this Agreement shall be addressed to the parties at the address set
forth below:
IF TO COUNTY: Collier County
c/o Real Property Management
3335 Tamiami Trail. East, Suite 101
Naples, Florida 34112
IF TO BIG CORKSCREW ISLAND:
Big Corkscrew Island Fire Control and Rescue District
1' )240 Immokalee Road
Naples, Florida 34120
5. This Agreement represents the entire Agreement between the parties, and no promise,
representation, warranty or covenant not included in this Agreement or any such referenced
agreements has been or is being relied upon by either party. No modification or amendment of this
Agreement shall be of any force or effect unless made in writing and executed and dated by both
parties.
IN WITNESS WHEREOF, District and County have caused this Agreement to be duly executed
on the day and year first above written.
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AS TO COUNTY:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
AS TO BIG CORKSCREW ISLAND:
DATED:
ATTEST:
Ramon Eliseo Chao, Secretary /Treasurer
Approved as to fonn and legality:
9/23/2014 16.E.10.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Tom Henning„ Chairman
BIG CORKSCREW ISLAND FIRE CONTROL
AND RESCUE DISTRICT
By:
PAUL M. PLAMONDON, Chairman
Jennifer A. Belpedio, Assistant County Attorney
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