Agenda 04/28/2009 Item #16E 6
item No. 16E6
_~\c.lI-il 2-3, 2009
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EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves an Agreement to provide an expenditure
not to exceed Fifty thousand three hundred seventy and no/100 dollars ($50,370.00) from the GAC Land Trust
Fund to the Big Corkscrew Island Fire Control and Rescue District for the purchase of six Mobile Data Terminals.
OBJECTIVE: To approve and execute an Agreement between Collier County, a political subdivision of the State of
Florida, by its Board of County Commissioners, acting in their capacity as Trustee of the GAC Land Trust (hereinafter
referred to as "Board"), and the Big Corkscrew Island Fire Control and Rescue District (hereinafter referred to as "District")
which allows for GAC Land Trust funds in an amount not to exceed $50,370 to be used for the purchase of six Mobile
Data Terminals (hereinafter referred to as "Equipment") to be used by the firefighters of the District in their service to the
residents of Golden Gate Estates.
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 stipuiation that the land itseif or money derived from the sale of the land would be used by the Board for purposes
directly beneficial to the residences 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 March 23, 2009 Golden Gate Estates Land Trust Committee meeting, the District requested funds in an amount
not to exceed $50,370 to purchase the Equipment. The Equipment will improve firefighter safety as well as improve the
District's response time to emergency situations. The software used by the Equipment is the same software used by
Collier County dispatchers, which will provide interoperable communications with dispatchers during an emergency
situation. This communication will assist the District in getting to an emergency situation more quickly and safely. The
Equipment will also provide the District with an online database which is useful at hazardous materials incidents by
allowing the District to more quickly determine the composition of material that may be potentially harmful.
At the time of the District's funding request, it was noted that the FEMA grant cycle had closed. As a result, the District
was unable to submit an application for a grant for the Equipment.
The Golden Gate Estates Land Trust Committee recommended by a vote of 4-0 (one member was absent) that the Board
approve the District's request for funding in an amount not to exceed $50,370 for the purchase of the Equipment. The
District will have twelve months from the execution of the Agreement to expend the funds.
As required in the 1983 Agreement, a "Letter of No Objection" (copy attached), has been secured from Avatar Properties,
Inc.
LEGAL CONSIDERATIONS: The attached Agreement has been reviewed and approved by the County Attorney's
Office. This item is not quasi-judicial, and as such, ex parte disclosure is not required. This item requires a majority vote
only, HFAC
FISCAL IMPACT: A total allocation of $50,370 shall be withdrawn from Fund 605 Reserves and deposited into the
appropriate Fund 605 operating account.
GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners, Acting as Trustee, approves the attached Agreement
providing for a maximum expenditure of $50,370 for the purchase of Equipment; authorizes the Chairman to execute the
attached Agreement; and approves the attached Budget Amendment.
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PREPARED BY: Jason Bires, Property Acquisition Specialist, Real Property Management, Facilities Management
Department.
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COLLIER COUNTY
B8hR:) OF COUNTY COMM\SSIOHE~(S
Item Number:
15:=,3
Item Summary:
R~co:-7lmendation that the Board of County Commissioners app~ov0S an .l\greement to
provide an expenditure not to exceed Fifty thaus3:',d three hundred seventy and no/1 00
do:lais ($50370')0) from the (;AC Land Trust Furd to the Big Corksci-ew island Fire Control
and R~scue District f8r the purchase of six f\/10bi1e Dala Tenwna!s
Meeting Date:
4;25/2009,1.00 CO AM
Prepared By
Jason Bires
Property Acquisition Specialist
Date
Administrative SDrvices
Facilities Mal1agm~~nt
4/14r2009 8:25:34 AM
AppruYt'd By
Skip Camp, C.F,M.
Faciiihes Management [Iirectcr
Facilities Management
D~te
Administrative Services
4114/20098:48 AM
A.pproved By
Heidi F. Ashton
Assistant County Attomey
Date
County Attorney
County Attorney Office
4!15/2009 3:17 PM
Approved By
Toni A. Mott
F:eal ?roperty Supervisor
Date
Administrative S('rvices
FaciLties Man<lgemer.t
4/16!2:)09 i 0 :06 L_M
,\ppro\'ed By
Len Golden Price
Administrativ'2 Services Administratnr
D"te
,Administrative Services
Administrative Servk:es Admin.
4f1G;2GG9 5:12 PM
ApprO\'ed By
OMS Coordinator
()f/'8 C")C'rd1~at8r
D;::to
County Managc:-'s OrE1ce
Office of ManagemEnt & Budget
4!17120D9 8:22 AM
ApprOHd By
Jeff Ktatzkow
County Att:m1ey
Date
County Attorney
County t.ttorn.;;y Office
4/'17/200311 :57 ArJl
Appro\'ed By
Laura Davisson
!i~-i;nc_gemsnt & 2-udget Analyst
Date
County Wlimager's Office
Office of Management &. Budget
4/17/200912:16 PM
Approved By
Lee E. Gehs.. Jr.
Deputy CG~.r:t'j Mar,3g;;..
Date
Board 0f County
Commissioners
County Manager's Office
4/18!200311:47 t,M
:-,81,
AGREEMENT
THIS AGREEMENT made this _day of 2009 between COLLIER
COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF
COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND
TRUST, (hereinafter referred to as "Trustee"), whose mailing address is 3301 Tamiami Trail East,
Naples, Florida 34112, and the BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE
DISTRICT, whose mailing address is ~ 3250 Immokalee Road, Naples, FL 34120 (hereinafter
referred to as "District").
WHEREAS, Trustee has acquired 1,061.5 acres located in Collier County, Florida
(hereinafter referred to as "Property"), from Avatar Properties lnc, flkJa GAC Properties Inc. in
accordance with the November 15, 1983 Agreement between Avatar Properties Inc. and Collier
County, (hereinafter referred to as the "1983 Agreement"); and
WHEREAS, pursuant to the 1983 Agreement, the Property deeded to Trustee and/or the
monetary proceeds a:quired 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, Trustee currently has funds derived from the use andlor sale of a portion of the
above-described Property; and
WHEREAS, the District is requesting funds from the GAC Land Trust to purchase 6 Mobile
Data Terminals (hereinafter referred to as "Equipment") to be used by the firefighters in the Big
Corkscrew Island Fire Control and Rescue District; and
WHEREAS, Trustee has determined that the District's request is in ac:ordance with the
intent of the provisions of the 1983 Agreement and accomplishes the purposes of said 1983
Agreement by providing funds for the Equipment to assist the District in their service to the residents
of Golden Gate Estates. The Equipment will improve firefighter safety as well as improve the
District's response time to emergency situations. The software used by the Equipment is the same
software used by Collier County dispatchers, which will provide interoperable communications with
dispatchers during an emergency situation, This communication will assist the District In getting to
an emergency situation more q'-lickly and safely. The Equipment will also provide the District with
an online database which is useful at hazardous materials inCidents by allowing the District to more
qUickly determine the composition of material thaI may be potentially harmful; and
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WHEREAS, Avatar Properties Inc, has provided a "Letter of No Objection". dated LiJ'?IO,
approving the use of Land Trust Funds for the pwrchase of the Equipment for use by the District;
and
WHEREAS, the District intends to utilize the Equipment during the current and subsequent
fire seasons.
NOW THEREFORE, in consideration of the above premises which are Incorporated within
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 Trustee agrees to contribute an amount not to exceed fifty thousand three
hundred seventy and no/100 dollars ($50,370) to be expended by the District for the purpose of
purchasing the Equip",en!
2. The District ag;"ees and warrants tnat the Funds will be used solely for the purchase
of said Equipment. Said EqUipment to be installed on 3 engines, 2 attack trucks and 1 command
staff vehicle.
3 The District hereby agrees that the purchase of the Equipment shall be conducted In a
manner consistent with the Board of County Commissioners purchasing policy and in propei
coordination with the County's Purchasing Department prior to the ordering or receiving of any
goods or services purchased under this Agreement.
4. Payment of the Funds to the District for purcnase of the Equipment shaiJ be in accordance
with the following.
A. The Trustee shall make available funds in an amount not to exceed fifty thousand
three hundred seventy ;:md no/10D dollars {$50,370) to reimburse the District for the purchase of
Equipment. Said reimbursement payment shall be made within thirty (30) days of receipt of
appropriate verification as stated below by the Trustee, with copy to the Real Property Management
Manager, of said verification.
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B. The District or its designee, shall: (a) provide Real Property Management Manager,
copies of all invoices, purchase orders or other documentation which shall clearly state the purposes
of said expenditure. Only those invoices which clearly state expenditures associated with the
purchase of the Equipment shall be approved, Payment(s) shall be approved upon satisfactory
review by the Real Property Management Manager and shall be reimbursed to the District (b) A
letter from the District, signed by the Chairperson, stating that the purchase has been received and
accepted in good order and directing the County to reimburse the District In no way shall the
amount to be reimbursed exceed $50,370.
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C. Within thirty (30) days after receipt and approval of the above described
documentation, a County warrant for payment shall be prepared and made payable to the District by
the County.
D. Upon completion of the purchase of the Equipment, the Distnct or its designee shall:
(1) Promptly forward a letter to the Trustee stating that the money from the GAC Land Trust has
been used for the purpose of purchasing the Equipment and that all payments have been disbursed
in accordance with the Agreernent~ and (2) Refund to Trustee any and al\ Funds, or any portion
thereof, not utilized for said purchase shall be deposited directly into the GAC Land Trust Fund 605.
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 for the purchase of the Equipment.
F. All funds requested, in accordance with this paragraph shall be disbursed within
twelve (12) months of the execution of thiS Agreement by both parties. In Ihe event that the
Equipment is not purchased and installed by the District within twelve (12) months from the
execution of this Agreement, it is understood and agreed upon by the parties that the District shall
refund or repay to Trustee. within thirty (30) days. any and all funds which have been provided to the
District pursuant to the provisions of the 1983 Agreement.
5. The District agrees to protect, defend, indemnify and hold the Trustee 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
installation or use of the Equipment by the District, its agents, employees, or in any way related to
the Equipment by the District, its agents, employees or any third party.
6. The District understands and agrees that the funds to be provided to Comer County in
accordance With the terms of this Agreement have been derived from and are being provided solely
for the sale andior use of a portion of the Property conveyed to Co1iier County pursuant to the 1983
Agreement administered and managed by the County for the GAC Land Trust and that such funds
are currently in Fund 605-122390 (The GAC Land Trust Sales Fund)
7. TMe District agrees that the following purchase of Equipment shall be used primarily
for servicing the geographical area commonly known as "Golden Gate Estates".
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of Florida.
This Agreement ;s governed and construed in accordance with the laws of the State
9, Any notice required by this Agreement shall be addressed to the parties at the
address set forth below:
IF TO THE BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICT
Big Corkscrew Island Fire Control and Rescue District
13250 Immokalee Road
Naples, FL 34120
IF TO THE TRUSTEE:
Collier County
cIa Real Property Management
Administration Building
3301 Tamiami Trail East
Naples, FL 34112
10. 1n the event that the Equipment ceases to be utilized by the District as described in
Paragraph 2, the District agrees t!-',at the District shall pay to the County, ..".;:t~,i;; 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 Paiagraph 2. 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
said Equipment or upon mutual agreement of County and the District
~ 1 This Agreement represents the entire Agreement between the parties, and no
p:omise, 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 Trustee have caused this Agreement to be duly executed on
the day and year first above written.
AS TO TRUSTEE:
DATED:
ATTEST:
DWIGHT E BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By'
Donna Fiala, Chairman
AS TO BIG CORKSCREW ISLAND FIRE
CONTROL AND R~ DISTRICT
DATED: 11
ATTEST:
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R. Elisea Chao, Secretary
BIG CORKSCREW ISLAND FIRE CONTROL
ANq-RfSCUE DIST'3ICT
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By J ClH . IV 1!'d/T,(",cG"0v
Paul M Plamondon, Chairman
Approved as to form and
legal sufficiency:
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Heidi F, Ashton-Clcko
Assistant County Attorney
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AVATAR PROPERTIES INC.
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p"lrida K. Flt'lch~r
Fbrida. !LJ83
Direct Dial: (305) 442-70Dn .'.22 ~ 9
F.Jcsimilc: (305) 44\-7876
E-:..1ad: r\.:_ ik\ch~ri!'t:a\'a\:irhoidings mm
April 3, 2009
VIA EMAIL AND
VIA FACSI~ILE (239) 252-8876
Mr. Jason Bire,
Property Acquisition Specialist
Collier County Government
Real Estale Services
3301 E. Tamiaml Trail
:'-laples, FL 341 ] 2
Re: 1983 Agrccmcnt between Avatar Properties Inc. and Collier County
Proposed Expenditure for the Purchase of Equipment fer thc
Big Corkscrcw Is]and Fire Control & Rescue District
Dcar Mr. Bires:
On bcha]f of Avatar Proper1ies Inc" ] would hereby acknowledge receIpt of your letter dated
Apnl 3, 2009 which references the above captioned matter. ] have reviewed your letter and hereby adv;,e
you that Avatar Properties Inc, has no objcction to the contemplated transaction ,etfol111 therein, While
the equipment may not be located wilh;n Golden Gate Estates, we understand Ihat the community will
benefit from the equipment to be purchased for the Big Corkscrew island Fire Conlrol & Rescue District.
Accordingly, we waive the requirement in the 1983 Agreement that the tac;l;ties be physically located in
Golden Gate Estates. Specifically, the expenditure of not more than $50.370 from the GAe Land Trust
under the 1983 Agreement for the purchase of the equipment is approved,
If! ~an be of further ass1Stance, ple"c feel free to contact me at your convenicnce.
Very Truly Yours,
A VAT AR PROPERTIES INC.
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Patricia Kimball Fletchcr
Executi',e Vice President
Gcneral Counsel
PKF/ne<;
cc: Mr. Michael Levy
Mr. Randy Kotler
Mr. Michael Rama
201 Allwmbr/l Circlc, 12th Floor, Cora.l Gablef'. FL 331,';;4 ~ 3u6 .142 70{)()
G\A,-.lI:lf Prop.:ni~s [r.~\C<l(T'.'SrnJldm;e',t,':lt~,~',S"n:.,f\ir~, R'Il CCllk~<:r(.'w ;~;"Jlr. 4',I-:lY.,llx.-