Loading...
Agenda 12/16/2008 Item #16E11 ,~genda Item No. 16E11 December 16, 2008 Page 1 of 8 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves an Agreement to provide a maximum expenditure of $47,115 from the GAC Land Trust to the Golden Gate Fire Control and Rescue District for the purchase of Fire Shelters and Radio Equipment. 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 (Board), and the Golden Gate Fire Control and Rescue District (District) which allows for GAC Land Trust Funds in the amount of $47,115 to be used for the purchase of Fire Shelters and Radio Equipment (hereinafter collectively 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 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 Goiden Gate Estates. At the September 22, 2008 GAC Land Trust Committee meeting the District requested funds in the amount of $47,115 to purchase the Equipment as outlined in the attached Exhibit A The Equipment will provide life saving benefits for the firefighters of the District in performing their duties while serving the residents of Golden Gate Estates. The Golden Gate Estates Land Trust Committee recommended by a vote of 4-0 (fifth member is vacant) that the Board approve the District's request for a maximum allocation of $47,115 for the purchase of the Equipment. The District will have twelve months frorn 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 majority vote only. - JAB FISCAL IMPACT: A total allocation of $47,115 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 Grow1h Management Plan. RECOMMENDATION: That the Board of County Commissioners, Acting as Trustee, approves the attached Agreement providing for a maximum expenditure of $47,115 for the purchase of Equipment; authorizes the Chairman to execute the attached Agreement; and approves the attached Budget Amendment. PREPARED BY: Jason Bires, Property Acquisition Specialist, Real Property Management, Facilities Management Department. - ""'~''''-'.'-''''I''" Page 1 of I Agenda Item No. 16E 11 December 16, 2008 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16E11 Recommendation that the Board of County Commissioners approve an Agreement to provide a maximum expenditure of $47,115 from the GAC Land Trust to the Golden Gate Fire Control and Rescue Distnct for the purchase of Fire Shellers and Radio Equipment. Meeting Date: 1211612008900:00 AM Prepared By Jason Bires Property Acquisition Specialist Date Administrative Services Facilities Management 11/21120085:06:50 PM Approved By Skip Camp, C.F.M. Facilities Management Director Facilities Management Date Administrative Services 12/1/20082:46 PM A pproved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 12121200810:27 AM Approved By Jennifer A. Belpedio County Attorney Assistant County Attorney County Attorney Office Date 121312008 1:22 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 121412008 8:38 AM Approved By OMS Coordinator Applications Analyst Information Technology Date Administrative Services 12/4/20081:57 PM Approved B)' Laura Davisson County Manager's Office Management & Budget Analyst Office of Management & Budget Date 1215120083:24 PM Approved B)' James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12/61200812:59 PM file://C:\A!!cndaTest\ExDort\ I I 8-December%201 6.%202008\ 16.%20CONSENT%20AGE... 12/1 0/2008 AGREEMENT t-'\genca It9m NQ. i '3E 11 ~)ecember 16. 2008 Page3of8 THIS AGREEMENT made this _ day of , 2008 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 ANO RESCUE DISTRICT, whose mailing address is 14575 Collier Boulevard, Naples, Florida 34119, (hereinafter referred to as "District"). WHEREAS, Trustee has acqu:red 1,061.5 acres located In Collier County, Florida (hereinafter referred to as ~Propertl), from Avatar Properties Inc. flk/a GAC Properties Inc. in accordance with the November 15, 1983 Agreement between A~atar Properties I nc. and Collier County, (hereinafter reterred 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 know as "Golden Gate Estates"; and WHEREAS, Trustee currently has funds derived from the use and/or sale of a portion of above described Property; and WHEREAS, the District is requesting funds from the GAG Land Trust to purchase 70 Fire Shelters and 6 Practice Shelters, 22 VHF Portable RadiOS, 22 VHF Portable Radio Batteries, 1 VHF Repeater, 1 40-1 Watt for Repeater, 1 Duplexer, 1 Conventional Software Package and 1 Portable Radio Software Package (hereinafter referred to as "Equipmenf) 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 tne 1983 Agreement and accomplishes the purposes of said 1983 Agreement by providing funds for the purchase of the Equipment to assist the District in their service to the residents of Golden Gate Estates: and WHEREAS, Avatar Properties Ine has provided a "Letler of No Objection". dated 11111 10 'l , approving the use of GAC Land Trust Funds for the purchase of the Equipment for use by the District; and WHEREAS, the District intends to utilize the Equipment immediately upon receipt of the Equipment. 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 cont~ibute a maximum of forty~seven thousand one hundred fifteen and no/100 dollars ($47,115.00) to be expended by the District for the purpose of purchasing Equipment. 2. The District agrees and warrants that the FundS will be used solely for said purchase to provide the District with Equipment necessary for their duties in serving the residents of Golden Gate Estates. 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 Pur:::hasing Department prior to ordering or receiving of any goods or services pwchased under this Agreement. 4. Payment of the F~.mds to the District for the purchase of the Eauipment shall be in accordance with the following: ' , A The Trustee shall make available the Funds (47, 115.00) for the purchase of the Equipment following approval of this Agreement by the Board of County Commissioners of Collier County, Florida. Said reimbursement payment shall by made within thirty (30) days of receipt of appropriate verific3ticn as stated below by the Trustee, 'vvith copy to trls Real Property Management Department Manager, of said verification. \OpO\OJi' ;;0-P Agenda Item No. 16E 11 December 16, 2008 Page 4 of 8 B. The District or Its designee shall: (a) Provide the 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 made payable directly \0 the appropriate vendor. (b) A letter from the District, signed by the Chairperson, stating that the equipment has been received and accepted in good order and directing the County to reimburse the District, each invoice for purposes specified in paragraph 1 In no way shall the amount to be paid exceed $47,115.00. 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 leller to the Trustee stating that 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. In the event that the Equipment is not purchased 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 Distnct 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~. B. ot 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 cia Real Property Management Building W 3301 Tamiami Trail East Naples, FL 34112 1013010>' ~ .L\gellca Itern No. 16E 11 December 16. 2008 Page 5 of 8 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 the 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' DATED: ATTEST' DWIGHT E. BROCK, Cieri< BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Tom Henning, Chairman s GOLDEN GATE FIRE CONTROL AND RESC~ki}~~ I '. . By C }ft;j~ CHUCK MCMAHON, Chairman DAVID STEDMAN, Secretary Approved as to form and legal sufficiency: ttcrney lOp:> )t:1 ~ AVATAR PROPERTIES INC. Agenda Item No. 16E 11 December 16. 2008 Page 6 of 8 Patricia K. Fletcher Florida, 1983 Direct Dial: (305) 442-7000 ,2219 Facsimile: (305) 441-7876 E-Mail: pk_Detcher@avamrholdings.com November 17,2008 VIA EMAIL AND ORDINARY MAIL Mr, Jason Bires Property Acquisition Specialist Collier County Govemment Real Estate Services 3301 E. Tamiami Trail Naples, FL 341 12 Re: 1983 Agreement between Avatar Properties Inc, and Collier County Proposed Expenditure for the Purchase of Equipment for Golden Gate Fire Control and Rescue District Dear Mr. Bircs: On behalf of Avatar Properties Inc., I would hereby acknowledge receipt of your letter dated October 3 I, 2008 which references the above captioned mattcr. I have reviewed your letter and hereby advise you that Avatar Propelties Inc. has no objection to the contemplated transaction setforth therein. Specifically, the expenditure of not more than $47,115 from the GAC Land Trust under the 1983 Agreement for purchase of equipment to be used by the firefighters employed by the Golden Gate Fire Control and Rescue District is approved. If I can be of further assistance, please feel free to contact me at your convenience. Very Tntly Yours, AVATAR PROPERTIES INe. ~~~t;;r ~~ Executive Vice President General Counsel PKF/nes cc: Mr. Michael Levy Mr. Randy Koller 1\1r. ~,1ichael Rama 20] Alhambra Circle. ]2th Floor, Cornl Gables, FL 33134 ' 305442 7000 G:\Avntnr Pmpcnics tnc\Com:spomJ'.:ncl'\Leucrs\Scnl\Bircs. ] 1-11-(\8.doc .......,,"- "- " ~tem i'~o. EJE 11 December 16. 200S Page 7 of 8 EXHIBIT PAGE I A OF2 ~-' GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT 14575 Collier Boulevard. Naples, FL 34119. (239) 348-7540. (239) 348-7546 FAX http://www.aafire.com September 22,2008 Request to the Golden Gate Estates Land Trust Advisory Committee to Fund the Purchase of Fire Shelters and VHF Radio Equipment Purpose The Golden Gate Fire Control and Rescue District seeks a $47,115 grant to purchase: . 70 Fire Shelters and 6 Practice Fire Shelters at $21,310, . 22 VHF Portable Radios at $18,040 . 22 VHF Portable Radio Batteries at $1,760 . 1 VHF Repeater at $690 . 1 40-1 Watt for Repeater at $1,570 . 1 Duplexer at $1,150 · 1 Conventional Software Package at $2,095 . 1 Portable Radio Software Package at $500 Total Requested: $47,115 The equipment will provide local wildland firefighters the equipment they need to comply with national safety standards and ensure effective communications at incidents. Background The Golden Gate Fire Control and Rescue District equips its apparatus with two fire shelters per truck. These shelters are outdated. Federal guidelines require that all wildland firefighters at incidents,sbould be equipped with fire shelters Fire shelters are safety devices deployed as a last resort lifesaving measure should a firefighter become surrounded by a wildfire and unable to escape to a safe area, The fire district >ieeks to equip ail personnel who respond to wildfires with the most up-to-date generation of fire shelter. Practice shelters are also included so firefighters may train in their use. The firefighters train in shifts, and six shelters is enough to meet the training needs of the fire district. Agenda Itsm No. 16::11 December 16. 2008 Page 8 of 8 EXHIBIT PAGE 2 Golden Gate Land Trust Grant - Page 2 VHF radios will improve communication at wildfires because the radio frequencies are not as easily blocked by trees and structures, The grant request will provide one portable radio on each apparatus so each engine crew has a radio available. Most importantly, VHF radios wi!! improve communication with other agencies, such as the Florida Division of Forestry, which uses VHF technology. Agencies from other areas of the sta1e or country will also more easily tie into a VHF network, ensuring better communication and more efficient wildfire suppression. A repeater is requested to improve the coverage area of the radios. The repeater will aiso integrate into Big Corkscrew Fire District's technology and plans. Software requested will enable fire district officials to keep the radios programmed and updated with the latest firmware. , .'