Backup Documents 04/28/2009 Item #16E 5
l6ES
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP '
, TO ACCOl\tfPANY ALL ORIGINAL DOCU1\1ENTS SENT TO
. TEE BOARD OF COUNTY COI\1MISSIONERS OffiCE FOR SIGNATURE
Print on pin.\: papa". A.tt:ld:t to original doc:mnent. Original ril1<"!1m;"'/1 3b.ouId be hand dclivered. to tbe Board Offi~ Thc--camp1.eted routi:ag slip iLllcl original
drrnm,."" are to be. futwanioi to !be Board. Offict: only ~ 1f1c Board h.u l:1l::=. aaion. on !be i tan..) , , , . , ..
" . , ,ROUTING SLIP ' ",~, ..
,Comp1.ctc routing lin.= I#t tl!rough fJ.4 a.s appropri:ue fur addiliaJ:.tI signam=. dB.tc!, mdlor informa.don needc:l... If tI1c ~~t'is a1re:u:1y complete wid! the
don of'the cmm..",,'s Ii draw a line tbrou ItllUin linl:$l#l throu ~ c::amrJ1t:te d1e d1ec.l:Ii.st; Zlld forward to Sw:- FiJsoI1 (lim: 116).
to .A.ddressee(s) , Office Initials Date
(List in 1'Oll ),
1.
.. ~ ,:
2.
3.
4.
Board of County Commissioners
Clerk: of Count s Office
PR..Th1ARY CONT ACT'lNFORMA nON
(The prirum-y COI1tl(;t i.:s the boJ.dcr of llu: original document pending BCC approvotl. Nor:timrly d:1c primary contact i.:s the: pczon wbo=a:dlprc:parcd tbe cxecutive
SUIl:lZI:W'y. Primazy COI1C1Ct hzicnmuiOl1 is !I.I::l:dl:d in d:1c evenc Olle: of llu: 3dd.r=CC$ above, including Sue Filson. need to cpI1t:lct Sl%f! for additiouaI or missing
iuformuioa. All origimU ~rm'"1J[J needing the BCe Ch.Iirmom's sigmtDII'C = to be deUve:red to d:1c ace office only lIitcr llu: ace hu J1dl:d ro approvo llu:
illml. )
Name of Primary Staff TcSbf'\.. B;re_s Phone Number 2S2-~l)g
Contact
Agenda Date Item W;J3 A~("'\\ 2~,1009 Agenda Item Number f b f 5
Aooroved by the BCC
Type ot Document AC1reeN\f. J\~ Number of Original I
Attached DocumentS Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "'N/A" in the Not Applicable column. whichever is
1., Original document has been signed(mitialed for legal sUfficiency. (All documents to be
signed by the, Chairman, with the exception of most 1etr.crso must be reviewed a:od signed
I;y the Office ot the County Ar1amey. This i:oc.Iudes signature pages from ordinances.
resolutions, etc. signed by the Cou,nty Att.orney's Office and signature pages from
contracts. &greeXl:lCOtt, etc. that have been fully ex.ecut.ed by all parties except the BCC
0Wrman and Clerk to the Board and ssibl Stare Officials.)
2. All b.andwrittcn.strike-throng/1 and .revisioas have been initialed by the County 4ttOrney.' s
Office and all other arties e t the BCC Chairman and the Clerk to the Board
3. The ChaiIlpan's signa.ture I..ine date has been entered as the date ofBCC approval of the
document or the final ne tiated contract date whichever is licable.
4. ' '"Sign .here" tabs arc placed on the appropriate pa.ge:s indicating where the Chairman's
si' and initials arc r
5. In ri:1o.st Cases (some contract:l arc an exa:ption). the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents arc time sensitive and reqnire forwarding to Ta11.a.h.a.ssee within a certain
time frame or the Bec's actioos arc nullified. Be aware of our deadlines!
6. The document was approved by the Bee OD L.V2.'i'- 0 q (enter date) and all changes
made during the meeting have been incorporated in the attached docu.ment. The
Conn .Attorn's Office has reviewed the es, if a liable.
Yes
(InitiaI)
N1A(Not
liable)
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l: Form5I Counry FormsI ace FomuI Original Docm:ncu:s Roaring Slip WWS Origina.! 9,03.04. RevUed 1.26,05, Rc:vUo12..24.05
MEMORANDUM
Date:
April 29, 2009
To:
Jason Bires, Property Acquisition Specialist
Real Estate Services
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Agreement with Golden Gate Fire Control and Rescue District
Attached, you will find an original easement agreement, (Agenda Item
#16E5), approved by the Board of County Commissioners on Tuesday, April
28, 2009.
After Recording, please return the original document to the Minutes and
Records Department for the Board's permanent record.
If you should have any questions, please contact me at 252-8411.
Thank you.
Attachment (1)
16E 5
AGREEMENT
THIS AGREEMENT made this 'R. day of A~r\\ , 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 GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT, an
Independent District created by Special Act of the Legislature, whose mailing address is 14575
Collier Boulevard, Naples, Florida 34119, (hereinafter referred to as "District"),
16[5
WHEREAS, Trustee has acquired 1,061,5 acres located in Collier County, Florida
(hereinafter referred to as "Property"), from Avatar Properties Inc, flk/a 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 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, Trustee currently has funds derived from the use and/or sale of a portion of the
above-described Property; and
WHEREAS, the District is requesting funds from the GAC Land Trust to purchase 16 Mobile
Data Terminals (hereinafter referred to as "Equipment") to be used by the firefighters in the Golden
Gate Fire Control and Rescue District; and
WHEREAS, Trustee has determined that the District's request is in accordance 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 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; and
WHEREAS, Avatar Properties Inc. has provided a "Letter of No Objection", dated 1..113109 ,
approving the use of Land Trust Funds for the purchase 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-four thousand and
no/100 dollars ($54,000) to be expended by the District for the purpose of purchasing the
Equipment. Said funding is contingent upon the District receiving a FEMA match in the amount of
eighty-three thousand five hundred twenty and no/1 00 dollars ($83,520).
2. The District agrees and warrants that the Funds will be used solely for the purchase
of said Equipment. Said Equipment is to include:
· 12 Panasonic fully-rugged notebook computers for use on District
apparatus,
· 4 Motorola rugged laptop computers for use in command staff vehicles.
· 16 laptop mounting platforms for the requested 16 computers.
· 16 Printrak computer aided dispatch software suites for each computer.
3, 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.
16E5
4. Payment of the Funds to the District for purchase of the Equipment shall be in accordance
with the following:
A, The Trustee shall make available funds in an amount not to exceed fifty-four
thousand dollars and no/100 ($54,000,00) 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,
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 $54,000.
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 District 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 Agreement; and (2) Refund to Trustee any and all 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. I n the 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 Collier County 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 Collier 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, The District agrees that the following purchase of Equipment shall be used primarily
for servicing the geographical area commonly known as "Golden Gate Estates",
8,
of Florida.
This Agreement is 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 GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT:
Golden Gate Fire Control and Rescue District
14575 Collier Boulevard
Naples, FL 34119
IF TO THE TRUSTEE:
Collier County
c/o Real Property Management
Administration Building
3301 Tamiami Trail East
16E5
Naples, FL 34112
10. In the event that the Equipment ceases to be utilized by the District as described in
Paragraph 2, 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. 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.
11. 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 Trustee have caused this Agreement to be duly executed on
the day and year first above written.
AS TO TRUSTEE:i
DATED::it!f~t.?7
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OUNTY COMMISSIONERS
UNTY, FLORID; _
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Fiala, Chairman
AS TO GOLDEN GATE FIRE CONTROL
AND RESCUE DISTRICT
DATED:
ATCYtt/~
CHUCK MCMAHON, Secretary
GOLDEN GATE FIRE CONTROL AND
RE~
By: ' , ~..)'
ROB ~~ S~~N - ~RNER, Chairman
Approved as to form and
legal sufficiency:
J~j Uo
Heidi F, Ashton-Cicko
Assistant County Attorney
Thi. Convey,nc. Approved Dy
Th. Board Of County
Comm...lon....
ColII.r County rlorida,
Pursuant To ARenda I' .: !;
Daie:....'2<1.0q 'ltem No: ~